Agenda

Hearing and Deliberations on Submissions to Draft Local Approved Products Policy Wednesday 3 February 2016 at 1.00pm

RUAPEHU DISTRICT COUNCIL

NOTICE OF MEETING

A MEETING OF RUAPEHU DISTRICT COUNCIL WILL BE HELD IN THE WAIMARINO ROOM (COUNCIL CHAMBER), AYR STREET, OHAKUNE

ON WEDNESDAY 3 FEBRUARY 2016 AT 1.00PM Members Mayor: Don Cameron Deputy Mayor: Marion Gillard Ohura Ward Councillors: Bruce Broderson Taumarunui Ward Ron Cooke Taumarunui Ward Graeme Cosford Taumarunui Ward Cynthia Dowsett Waimarino-Waiouru Ward Ben Goddard Waimarino-Waiouru Ward Karen Ngatai Taumarunui Ward Rabbit Nottage Waimarino-Waiouru Ward Pita Pehi Waimarino-Waiouru Ward Elaine Wheeler National Park Ward Rhonda Wood Taumarunui Ward

Clive Manley CHIEF EXECUTIVE

Please Note: The Reports attached to this Order Paper set out suggested resolutions only. These suggested resolutions do not represent Council policy until such time as they might be adopted by Council resolution. This Order Paper may be subject to

amendment either by addition or withdrawal of items contained therein.

Ruapehu District Council – Public Business – 3 February 2016 Page 3

RUAPEHU DISTRICT COUNCIL

ORDER PAPER

A MEETING OF RUAPEHU DISTRICT COUNCIL WILL BE HELD IN THE WAIMARINO ROOM (COUNCIL CHAMBER), AYR STREET, OHAKUNE

ON WEDNESDAY 3 FEBRUARY 2016 AT 1.00PM

PUBLIC BUSINESS

Page

1 Apologies File A05-0014 2 Declarations of Interest:

Notification from Elected Members of: 2.1 Any interests that may create a conflict with their role as an elected member relating to the items of business for this meeting; and 2.2 Any interests in items in which they have a direct or indirect pecuniary interest as provided for in the Local Authorities (Members’ Interests) Act 1968

File A05-0014

3 Hearing and Deliberation of Local Approved Products Policy

Submissions File A05-0168

Doc 620732 4 - 12

Report to: Council Meeting Date: 3 February 2015 Subject: Hearing and Deliberation of Local Approved Products

Policy Submissions Document No: 620732 File: A05-0168

Purpose of Report 1.1 The purpose of this report is to summarise the submissions received on the Draft Local

Approved Products Policy (LAPP, attachment one).

Significance and Engagement 2.1 Significance 2.1.1 This report triggers the Significance and Engagement Policy as it is likely to impact and

have consequences on the following; (a) The district or region.

(b) Any persons who are likely to be particularly affected by, or interested in, the issue, proposal, decision or matter.

2.2 Engagement 2.2.1 The Psychoactive Substances Act (the Act) requires that the Special Consultative

Procedure is used during the consultation period of an LAPP as prescribed in the Local Government Act (LGA).

2.2.3 A reasonably high level of engagement has been carried out including public meetings, a mail out, social media and newspaper coverage.

Background 3.1 The Draft LAPP was adopted for Consultation by Council on 29 September 2015. 3.2 Consultation commenced Tuesday 1 December 2015 and concluded Friday 15 January

2016. 3.2.1 500 copies of the Statement of Proposal (SoP) were sent out to a random selection of

ratepayers seeking feedback on the proposed Draft LAPP. 3.2.2 One public meeting was held at REAP, Taumarunui. Numerous local stakeholders were

invited, however only five community members attended. Community members that have been engaged with include local police, CYF’s representatives, youth workers and teachers.

3.2.3 A workshop was held for the Waimarino-Waiouru Youth Ambassadors so that they could

write an informed submission. 3.2.4 There were numerous social media posts and newspaper coverage.

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Discussion 4.1 12 submissions have been received. All of them strongly oppose the sale and supply of

approved products in the Ruapehu District. 4.2 Two individuals will speak to their submissions;

(a) Julie Herewini, submission 12, 1.15pm. (b) Stacey Faire, submission 8, 1.30pm.

4.3 Four submitters request an outright ban on the sale and supply of approved products. 4.3.1 An outright ban is not legally possible under the Act. The proposed policy is as legally

restrictive as possible. 4.4 Four submitters offer additional solutions to aid a restrictive policy and aim to protect the

health and safety of those in the community. These include; (a) Educational displays regarding the harmful effects of approved products. (b) A means to monitor use and the potential of passing the products on to youth. (c) CCTV cameras covering areas where substances are sold. (d) Ban the use of Approved Products in public places.

4.5 Two submitters request that the following types of premises restrictions be added to the

policy; (a) Public streets. (b) Public parks and playgrounds. (c) Private businesses. (d) Waterways. (e) Sites of cultural significance and heritage.

4.6 Two submitters request that the following locations be added to the policy as prohibited

locations as they are already deemed sensitive sites under the current definitions and are within a 100m radius of the proposed main streets; (a) Raetihi i-SITE. (b) Ohakune Carrot Park. (c) Bus stop near Waiouru Four Square.

4.7 One submitter strongly criticised the main streets that have been proposed as locations for

the sale and supply of approved products. This submitter proposed that the only location that should be allowed to sell approved products should be as far away and as difficult to get to as possible.

4.7.1 It is advised that the main streets of each town remain as the sole locations for the sale and

supply of approved products so that they can be more easily regulated and monitored. 4.8 One submitter requests that Council advocates for an outright ban of the sale of approved

products at a National level. 4.9 One submitter advocated for a change to the maps that supplement the policy. These

changes include; identification and labelling of the exact sensitive site and a corresponding buffer zone; clear indication of where products can be sold.

4.9.1 Staff will be updating the maps based on any changes made.

Suggested Resolutions 1 That the Report on Hearing and Deliberation of Local Approved Products Policy

Submissions be received.

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2 That the verbal submissions from the following, as presented in support of written

submissions on the Local Approved Products Policy, are noted:

Submission No. Submitter 12 Julie Herewini 8 Stacey Faire

3 That the Local Approved Products Policy be adopted with/without amendments.

Samantha Curtis POLICY ANALYST 28 January 2016 Attachments 1 Doc 613804 - DRAFT Local Approved Products Policy

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Attachment 1

Creation date: 21 September 2015

Council Policy Policy Title: Local Approved Products Policy Responsibility: Group Manager Community Services First Adopted: Review Frequency: Five yearly, or as required Last Reviewed: Next Review Due: Doc No 613804 File No P50-0001

1 Policy Objectives

1.1 To document Council’s policy regarding the sale, purchase and production of approved products within the Ruapehu District working within the purpose and intent of the Psychoactive Substances Act 2013

2 Definitions

2.1 Psychoactive Substance The term ‘Psychoactive Substance’ refers to a substance, mixture, preparation, article, device, or thing that is capable of inducing a psychoactive effect (by any means) in an individual who uses the substance as described in Section 9 of the Psychoactive Substances Act 2013.

2.2 Approved Products

The term ‘Approved Product’ refers to a psychoactive substance approved by the Psychoactive Substances Regulatory Authority (PSRA) under section 37 of the Psychoactive Substances Act 2013. It is therefore only legal to retail or wholesale approved products, not psychoactive substances, in accordance with this policy.

2.3 The Act

The term ‘The Act’ refers to the Psychoactive Substance Act 2013.

2.4 Council The term ‘Council’ refers to the Ruapehu District Council. 2.5 Main Street:

The term ‘main street’ refers to the following main streets within towns of the Ruapehu District: (a) Hakiaha Street, Taumarunui; from the River Road Bridge to the Manunui Overpass. (b) Seddon Street, Raetihi: from the Ameku Road/Hukaroa Road intersection to the

State Highway 4 intersection. (c) Clyde Street, Ohakune: from the Old Coad Raod Intersection to the Heartwood Lane

intersection. (d) Goldfinch Street, Ohakune: from the Clyde Street Intersection to the Conway Street

intersection. (e) State Highway 1, Waiouru: from Andrews Drive intersection to the Hassett Drive

intersection.

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2.5.1 Four maps depicting each town centre as described in 2.5 are attached. Blue lines highlight the main streets of each town. Red lines represent a ‘no sale zone’ because of their proximity to sensitive sites and sites prohibited by the Act (detailed below).

2.6 Sensitive Site:

The term ‘Sensitive Site refers to the following type of premises: (a) Educational Institution. (b) Government Department. (c) Community Facility. (d) Train and Bus Station. 2.7 Sites prohibited by the Act:

(a) Dairies, convenience stores and supermarkets. (b) Service stations. (c) Bars and bottle stores. (d) Premises that are not fixed structures (ie tents or marquees). (e) Vehicles or conveyances (ie mobile street carts). (f) Any other place or premises specified in regulations.

2.8 Educational Institution

The term ‘Educational Institution’ refers to any location where one of the following is in operation; a government training establishment, registered establishment, relevant school, industry training organisation, or other higher educational institution such as a college of education; polytechnic; specialist college; university or wananga.

2.8.1 Educational institutions referred to in this policy include:

(a) Taumarunui Primary School. 2.9 Government Department

The term ‘Government Department’ refers to any location in which a governmental agency has employed people to work.

2.9.1 Government Departments referred to in this policy include: (a) Work and Income New Zealand, Meredith House, Taumarunui. (b) Taumarunui iSite, Hakiaha Street, Taumarunui. (c) Ohakune iSite, Clyde Street, Ohakune. (d) Work and Income New Zealand, Goldfinch Street, Ohakune. (e) Ruapehu District Council Offices, Ayr Street, Ohakune. (f) Police Station, Clyde Street, Ohakune. (g) Ruapehu District Council Office, Seddon Street, Raetihi. 2.10 Community Facility

The term ‘’Community Facility’ refers to a facility which is operated by the community or the Ruapehu District Council which is frequented by community members.

2.10.1 Community Facilities referred to in this policy include: (a) Konnexionz, Manuaute Street, Taumarunui. (b) Kokiri Trust, Hakiaha Street, Taumarunui. (c) Memorial Hall, Hakiaha Street, Taumarunui. (d) Public Toilets, Hakiaha Street, Taumarunui. (e) The Centre/Waimarino Baptist Church, Seddon Street, Raetihi. (f) St Patrick’s Catholic Church, Seddon Street, Raetihi. (g) Public Toilets, Seddon Street, Raetihi.

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(h) Public Toilets, Ohakune. 2.11 Train and Bus Stations

Any site on the main streets listed above where a train or bus service stops to pick up passengers.

2.11.1 Train and Bus stations referred to in this policy include: (a) Taumarunui iSite/Train Station, Hakiaha Street, Taumarunui.

3 Principles

3.1 To provide the communities within the Ruapehu District a set of guidelines so as to protect their health and safety and to minimize harm to both those who use psychoactive substances and those who are adversely affected by them.

4 Background

4.1 In July 2013 Parliament enacted the Psychoactive Substances Act which established a framework for regulating psychoactive substances (legal highs). Before this Act, the consumption and sale of psychoactive substances was completely unregulated.

4.2 The Act enables local authorities to produce Local Approved Product Policies (LAPP). The

Act permits Local Authorities to limit the nature of retail outlets from which substances might be sold.

4.3 Once the Act was enacted, parliament initially required all those who wish to retail

psychoactive substances to apply for and hold an interim license. No one in the Ruapehu District applied for an interim license.

4.3.1 The Act was amended in 2014 to remove this temporary element and ban the sale until

regulations for licensing retail outlets could be finalised.

5 Policy Statement

5.1 Wholesalers and retailers of approved products are only permitted to sell or manufacture on the main street of towns within the Ruapehu District as described within the definition section of this policy and as illustrated in the maps attached.

5.2 Wholesalers and retailers of approved products are not permitted to sell within 100 metres

of another premises selling approved products. 5.3 Premises wishing to sell approved products may not do so within 100 metres of a

sensitive site as described within the definition section of this policy. This is to be measured from the closest legal boundary of each site.

5.4 All distances are to be measured from the closest legal boundary of each site.

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Annotations

Date Description

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Hakiaha Street, Taumarunui

Clyde Street and Goldfinch Street, Ohakune

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Raetihi

State highway 1, Waiouru

Blue line Main street Red line ‘No Sale’ Zone Red mesh Confidental

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