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24. 4. 96

REPORT OF LEGAL SERVICES MANAGER

1. WHEEL CLAMPING

At its meeting on 28 February 1996 the Council resolved: "That the Council reopen discussions with Canterbury Health on existing methods of parking enforcement at Christchurch Public Hospital and on the possible provision of a public car park by a private sector investor, provided that should the parties be unable to agree within one month on a proposal or proposals acceptable to the Council then:

1. The Legal Services Manager and Mr J G Fogarty QC be instructed to initiate legal action against Canterbury Health Limited to restrain them from wheel clamping vehicles at Christchurch Public Hospital.

2. The Christchurch City Council meet the legal costs of two motorists being joined as parties in the proceedings brought by the Council."

Since that meeting there has been a meeting between officers and representatives of the CHE and today a meeting between the Mayor and Councillors and representatives from the CHE Board. As a result of those meetings Canterbury Health has agreed to cease wheel clamping at Christchurch Public Hospital and to permit the Council to operate the public car parking at the Hospital. Canterbury Health has agreed to enter into this arrangement on the basis that it is an interim arrangement pending Canterbury Health deciding on a long term parking management strategy. The arrangement will be by way of a Deed of Licence which will commence on 15 April 1996 and will permit the Council to operate the public car parks at the Hospital. The Council will pay Canterbury Health a peppercorn rent and the licence is terminable on two weeks' notice by either party. The commencement date of 15 April 1996 is necessary because of the contractual arrangements that Canterbury Health had with Express Car Park Controls Limited, the company that carried out the wheel clamping. The Council will need to resolve under the Christchurch City Traffic and Parking Bylaw 1991 restrictions regarding parking in the Hospital car park. The extent of the restrictions are shown on Plan A (Riccarton Avenue site) and Plan B (St Asaph Street site) appended to this report. Clause 4(1) of that Bylaw provides: "The Council may from time to time by resolution impose parking, standing or stopping restrictions on any road or other area controlled by the Council whether by way of time restriction, a restriction to specify class, classes or description of vehicle, a total prohibition or any combination of these."

Recommendation: 1. That the Council enter into a Deed of Licence with Canterbury Health Limited for the Council to manage the public car parks at the Hospital on terms satisfactory to the Parking Operations Manager and the Legal Services Manager. 2. That pursuant to clause 4 of the Christchurch City Traffic Parking Bylaw 1991 the Council resolves : (a) That "P5 Loading Zones At Any Time" be created in the following areas (shown in red on Plan A) : (i) On the northern and eastern sides of the slip road, off the perimeter road, outside the "Main Entrance" to the Hospital, Parkside block. (ii) In the service area/Ambulance loading area outside the School of Medicine and the Parkside block. (iii) On the perimeter road directly outside the northern entrance to the Riverside block. (b) That the parking of vehicles be restricted to a maximum time limit of 10 minutes at any time, in the marked parking spaces on the perimeter road either side of the northern entrance to the Riverside block (shown in pink on Plan A). (c) That the parking of vehicles be restricted to a maximum time limit of 30 minutes, at any time, in the marked parking spaces in the following areas (shown in green on Plan A): (i) In the parking area between the Chapel and the Parkside block. (ii) In the crescent parking area outside the Oncology block. (d) That the parking of vehicles be restricted to a maximum time limit of 90 minutes at any time in the marked parking spaces in the following areas (shown in purple on Plan B - St Asaph Street site): (i) In the parking area between the Squash Courts and the Dental block except four spaces in the south west corner. (ii) In the parking area off Hagley avenue adjacent to the Laboratory/Pathology block. (e) That the parking of vehicles be restricted to a maximum time limit of 120 minutes at any time in the marked parking spaces in the following areas (shown in blue on Plan A):

(i) On the perimeter road commencing at a point opposite the western end of the Parkside block and extending to the Rolleston Avenue access bridge. (ii) In the two parking areas between the Hostel and the Parkside block. (iii) In the parking area at the eastern end of the Parkside block, north of the "Emergency" entrance. (f) That parking be restricted to vehicles displaying "Operation Mobility" concession cards in the marked spaces in the following areas (shown as a cross on Plan A and B): (i) Seven spaces on the south side of the perimeter road from opposite the western end of the Parkside block to opposite the eastern end of the School of Medicine. (ii) Five spaces in the parking area between the Chapel and the Parkside block. (iii) One space on the perimeter road to the east of the northern entrance to the Riverside block. (iv) Two spaces in the north eastern corner of the car park adjacent to the Laboratories/Pathology block. (g) That all other marked parking spaces on Plan A (Christchurch Hospital site) and Plan B (St Asaph site) be reserved for designated staff. (h) That the parking of vehicles be prohibited at any time in all other areas of the Riccarton Avenue and St Asaph Street Hospital sites not designated for the parking of motor vehicles.


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