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. If the Council is minded to accept this arrangement then it is necessary to resolve under the Christchurch City Traffic and Parking Bylaw 1991 restrictions regarding parking in the Hospital car park. 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 .....

2. MEMBERSHIP LEGISLATION SUBCOMMITTEE

At a seminar meeting of the Central City Committee held on Wednesday 20 March 1996 the Committee concluded that it wishes the Legislation Subcommittee to investigate achieving legislative change so as to enable the Council to make bylaws controlling the consumption of alcohol in public places and prohibiting glue sniffing in public places. Councillor Murray indicated that for this purpose she wishes to become a member of the Legislation Subcommittee. If the Council is agreeable to this desire then it could pass the following resolution: Recommendation: That Councillor Margaret Murray be appointed a member of the Legislation Subcommittee for the purpose of investigating legislative change to control the consumption of alcohol in public places and to prohibit glue sniffing in public places.

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