I hereby give notice that an ordinary meeting of the Regulatory and Bylaws Committee will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 22 July 2014

9.30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Regulatory and Bylaws Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Calum Penrose

 

Deputy Chairperson

Denise Krum

 

Members

Cr Bill Cashmore

 

 

Cr Linda Cooper, JP

 

 

Cr Alf Filipaina

 

 

Cr Sharon Stewart, QSM

 

 

Member John Tamihere

 

 

Cr John Watson

 

 

Member Glenn Wilcox

 

 

Cr George Wood, CNZM

 

Ex-officio

Mayor Len Brown, JP

 

 

Deputy Mayor Penny Hulse

 

 

(Quorum 5 members)

 

 

 

Rita Bento-Allpress

Democracy Advisor

 

16 July 2014

 

Contact Telephone: (09) 307 7541

Email: rita.bento-allpress@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

TERMS OF REFERENCE

 

 

The Regulatory and Bylaws Committee will be responsible for:

 

·         Considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including  to Local Boards);

·         Regulatory fees and charges in accordance with the funding policy;

·         Recommend bylaws to Governing Body for special consultative procedure;

·         Appointing hearings panels for bylaw matters;

·         Review Local Board and Auckland water organisation proposed bylaws and recommend to Governing Body;

·         Set regulatory policy and controls, and maintain an oversight of regulatory performance;

·         Engaging with local boards on bylaw development and review; and

·         Exercising the Council's powers, duties and discretions under the Sale of Liquor Act 1989 and the Sale and Supply of Alcohol Act 2012

 

Relevant legislation includes but is not limited to:

 

Local Government Act 2002;
Resource Management Act 1991;

Local Government (Auckland Council) Act 2009;

Health Act 1956;

Dog Control Act 1996;

Waste Minimisation Act 2008;

Land Transport Act 1994;

Maritime Transport Act 1994;
Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012; and
All Bylaws.

 

 

 


Regulatory and Bylaws Committee

22 July 2014

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        5

2          Declaration of Interest                                                                                                   5

3          Confirmation of Minutes                                                                                               5

4          Petitions                                                                                                                          5  

5          Public Input                                                                                                                    5

6          Local Board Input                                                                                                          5

6.1     Local Board Input - Mangere-Otahuhu Local Board: Alcohol Advertising and Sponsorship                                                                                                         6

7          Extraordinary Business                                                                                                6

8          Notices of Motion                                                                                                          7

9          Events involving animals on Auckland Council land                                                9

10        Proposed Animal Management Bylaw and Statement of Proposal                      13

11        Review of Alcohol Control Bylaws                                                                            87

12        Amendment of the Health and Hygiene Bylaw 2013                                             121

13        Integrated bylaws review and implementation programme (IBRI) update – July 2014                                                                                                                                     135  

14        Consideration of Extraordinary Items 

 

 


1          Apologies

 

At the close of the agenda no apologies had been received.

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

3          Confirmation of Minutes

 

That the Regulatory and Bylaws Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 20 May 2014, including the confidential section, as a true and correct record.

 

 

4          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

5          Public Input

 

Standing Order 3.21 provides for Public Input.  Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

6          Local Board Input

 

Standing Order 3.22 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

 

6.1       Local Board Input - Māngere-Ōtāhuhu Local Board: Alcohol Advertising and Sponsorship

Purpose

1.       To provide an opportunity for the Māngere-Ōtāhuhu Local Board chairperson Lydia Sosene to speak to the Regulatory and Bylaws Commitee.

Executive summary

2.       Māngere-Ōtāhuhu Local Board chairperson, Lydia Sosene, has requested to speak on the issue of alcohol advertising and sponsorship under Local Board Input at the 22 July Regulatory and Bylaws Committee meeting.

3.       The chairperson of the Regulatory and Bylaws Committee has accepted this request.

Recommendation/s

That the Regulatory and Bylaws Committee:

a)      thank Māngere-Ōtāhuhu Local Board chairperson, Lydia Sosene, for speaking to the Regulatory and Bylaws Committee on the issue of alcohol advertising and sponsorship.

 

 

7          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

8          Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 


Regulatory and Bylaws Committee

22 July 2014

 

Events involving animals on Auckland Council land

 

File No.: CP2014/14441

 

  

 

Purpose

1.       To receive information on the use of council owned or controlled land (council land) for events involving animals.

Executive summary

2.       At a bylaw review workshop with councillors on the 20th of May 2014, concern was raised about protecting the welfare of animals used in entertainment events on council land, including rodeos.

3.       There are no bylaws concerning animals used in events on council land because the Local Government Act 2002 does not provide the council with the power to make bylaws about animal welfare.

4.       The welfare of animals is provided for under the Animal Welfare Act 1999 and Animal Welfare (Rodeos) Code of Welfare 2003.

5.       A legacy policy of the former Auckland City Council that prohibited rodeo events on council land was superseded by the new Auckland Council Events Policy 2013. 

6.       The Auckland Council Events Policy 2013 focuses on clarifying roles and responsibilities of council to support a rich events programme. The policy does not prescribe what events may occur on council land. Those decisions are made by either the governing body for regional events or local boards for local events. The events policy acknowledges that local boards will provide for events in response to the needs and aspirations of their local communities.

7.       There is one rodeo event in Auckland held annually at the Warkworth Showgrounds. This event is under the jurisdiction of the Rodney Local Board. 

 

Recommendations

That the Regulatory and Bylaws Committee:

a)      note that the Local Government Act 2002 does not provide council with the power to make bylaws about animal welfare;

b)      note that decisions on the use of council land are delegated to local boards for local parks, and governing body for regional parks;

c)      confirm that no additional measures beyond the Auckland Council Events Policy 2013 apply to events held on council owned or controlled land. 

 

Comments

8.       At a bylaw review workshop with councillors on the 20th of May, concern was raised about protecting the welfare of animals used in entertainment events on council land.

 

Regulations on animal welfare

9.       There are no bylaws concerning animals used in events because the Local Government Act 2002 does not provide council with the power to make bylaws about animal welfare.

10.     The welfare of animals is provided for under the Animal Welfare Act 1999 and Animal Welfare (Rodeos) Code of Welfare 2003.

11.     The Animal Welfare Act 1999 (the Act) requires every animal owner, or person in charge, to be responsible for ensuring the physical, health and behavioural needs of the animal are met, including physical handling in a manner which minimises the likelihood of unreasonable or unnecessary pain or distress (sections 4 and 10).

12.     It is an offence under the Act, being the owner or person in charge of an animal, to kill the animal in such a manner that the animal suffers unreasonable or unnecessary pain or distress (section 12), or to deny an animal from receiving treatment to alleviate unreasonable or unnecessary pain or distress (section 11). The Society for the Prevention of Cruelty to Animals (SPCA) is appointed powers and duties to administer the Act.  

13.     The Animal Welfare (Rodeos) Code of Welfare 2003 sets minimum standards for the treatment of animals at rodeo events and failure to meet minimum standards can be used to support prosecution for an offence under the Act. The code of welfare requires that an animal welfare officer must be appointed for each rodeo. The role of an animal welfare officer is to liaise with clubs, promoters, stock contractors, contestants and the veterinarian to co-ordinate and evaluate all steps taken to ensure the welfare of the animals. The code of welfare has recently been reviewed and publicly consulted on and will be issued in due course by the Minister for Primary Industries. 

 

Policy and delegations for events

14.     On 31 October 2010 Auckland Council inherited a policy from the legacy Auckland City Council that prohibited rodeo events on council land in the former Auckland City area. This policy has been superseded by the new Auckland Council Events Policy 2013 which was adopted by the Regional Development and Operations Committee on 16 May 2013 (RDO/2013/73).

15.     The events policy focuses on clarifying roles and responsibilities of council to support an economically robust, socially inclusive, and culturally rich events programme. The policy does not prescribe what events may occur on council land. Those decisions are made by either the governing body for regional events or local boards for local events. This is consistent with delegation of non-regulatory decisions on local parks to local boards, and the retention of non-regulatory decisions on regional parks with the governing body. The events policy acknowledges that local boards will provide for events in response to the needs and aspirations of their local communities.

16.     There is one rodeo event in Auckland held annually at the Warkworth Showgrounds. This event is under the jurisdiction of the Rodney Local Board.

Consideration

Local board views and implications

17.     The views of local boards were sought as part of the animal management bylaw review. No comments were made with regards to animals used in entertainment events.

Maori impact statement

18.     The views of Māori representatives were sought as part of the the animal management bylaw review. No comments were made with regards to animals used in entertainment events.

Implementation

19.     There are no implementation issues as a result of this report.

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Paul Wilson - Principal Policy Analyst

Emma Pilkington - Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Roger King - Manager Bylaws, Business Development and Support

 


Regulatory and Bylaws Committee

22 July 2014

 

Proposed Animal Management Bylaw and Statement of Proposal

 

File No.: CP2014/08963

 

  

 

Purpose

1.       To recommend to the governing body that a bylaw is the most appropriate way to address identified perceived problems associated with animal management and to recommend the adoption of a statement of proposal (with a proposed bylaw) for public consultation.

Executive summary

2.       The Local Government (Auckland Transitional Provisions) Act 2010 requires the council to confirm, amend or revoke inherited animal management bylaws before 31 October 2015 in accordance with the Local Government Act 2002.

3.       Auckland Council (the council) inherited 18 separate bylaws that contain animal management provisions. The principal reason for this proposal is to provide consistent regulation for animal management and to enable Aucklanders to own animals in a responsible way that minimises and manages potential nuisance problems. The proposal is to replace the 18 inherited bylaws with a new region-wide bylaw that supplements existing legislation, regulations and best practice.

4.       Perceived problems associated with animal management have been identified through a review of inherited bylaws, complaint information and consultation with identified political, internal and external stakeholders.

5.       Each perceived problem has been considered in relation to the council’s legislative role and responsibility and those of other agencies. The council’s core function in relation to any animal management bylaw is to protect people from nuisance, protect public health and safety, minimise the potential for offensive behaviour in public places and to protect council land from damage. The council does not have bylaw-making powers to protect animal welfare or to protect wildlife from predation. Subsequently, cat welfare and predation of wildlife are out of scope of the Animal Management Bylaw Review.

6.       Proposed approaches for addressing each perceived problem involve a combination of options. Options include relying on alternative regulation, using non-regulatory approaches, general nuisance regulation in a bylaw and specific standards in a bylaw.

7.       The council proposes that keeping bees and stock in urban areas and horse riding in public places be regulated through minimum standards. The minimum standards intend to manage concerns related to public health, safety and nuisance caused by animals, while enabling best practice. Additional guidelines are also provided to assist animal owners to comply with the minimum standards and provide additional sources of best practice information.

8.       The general keeping of animals is proposed to be regulated through nuisance regulation in a bylaw, which requires every person who owns an animal to ensure that the animal does not cause a nuisance to any other person.

9.       A licence is proposed to keep bees in a public place, graze stock in a public place and keep stock in urban areas where the type or number exceeds any controls made under the bylaw.

10.     This review does not include matters related to dog management because they are already addressed in the Auckland Council Policy on Dogs 2012 and Auckland Council Dog Management Bylaw 2012.

 

 

 

 

 

Recommendations

That the Regulatory and Bylaws Committee:

a)      recommend to the governing body of Auckland Council that it resolves (i) to (vii) as follows:

i)        that pursuant to section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing certain issues related to animals as identified in Attachment A;

ii)       that under section 155(2)(a) of the Local Government Act 2002, the proposed draft Animal Management Bylaw (Attachment B) is the most appropriate form of bylaw to address problems related to animal management;

iii)      that under section 155(2)(b) of the Local Government Act 2002, the proposed draft Animal Management Bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990;

iv)      that under section 62 of the Local Government (Auckland Transitional Provisions) Act 2010, the Auckland Council proposes to revoke in full seven legacy bylaws and revoke the relevant provisions of eleven other legacy bylaws on animal management matters (and replace them with a new region-wide bylaw on animal management);

v)      that under sections 83 and 86 of the Local Government Act 2002, Attachment A: Statement of Proposal “Review of Animal Management Bylaws, July 2014” be adopted for public consultation;

vi)      that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the Statement of Proposal to correct any identified errors or typographical edits or to reflect decisions made by the governing body that affect the Auckland Council bylaw.

b)         note that submissions to the Animal Management Bylaw and Auckland Regional Pest Management Plan will provide a better understanding of wider cat predation issues and help identify whether a separate project to develop an overarching council-wide strategy on cats is necessary.

 

Comments

11.     The Local Government (Auckland Transitional Provisions) Act 2010 requires the council to confirm, amend or revoke inherited animal management bylaws before 31 October 2015 in accordance with the Local Government Act 2002.

12.     The council has a duty under the Health Act 1956 to improve, promote and protect public health within its district (s 23). The council is empowered through the Local Government Act 2002 to make bylaws –

·    to protect the public from nuisance (s 145)

·    to protect, promote and maintain public health and safety (s 145)

·    to minimise the potential for offensive behaviour in public places (s 145)

·    to regulate the keeping of animals, bees and poultry (s 146)

·    to manage parks, reserves, recreation grounds, or other land that the council owns or controls (s 149).

 

 

13.     The council inherited 18 separate bylaws that contain animal management provisions. These legacy bylaws do not provide a common level of regulation and have been reviewed for the purpose of developing a consistent region-wide bylaw. The reason for this proposal is to provide consistent regulation for animal management and to enable Aucklanders to own animals in a responsible way that minimses and manages potential nuisance problems. In determining the most appropriate form of the bylaw, perceived problems associated with animal management have been identified through a review of inherited bylaws, complaint information and consultation with identified political, internal and external stakeholders. These are detailed in Attachment A.

14.     The proposal is to replace the 18 inherited animal management bylaws with a new region-wide bylaw that supplements existing legislation, regulations and best practice.

15.     Each perceived problem has been considered in relation to the council’s legislative role and responsibility and those of other agencies and the most appropriate way to address each perceived problem. The council’s core function in relation to any animal management bylaw is to protect people from nuisance, protect public health and safety, minimise the potential for offensive behaviour in public places and to protect council owned or controlled land from damage. The council does not have bylaw making powers to protect animal welfare or protect wildlife from predation. Subsequently, cat welfare and predation of wildlife are out of scope of the Animal Management Bylaw Review.

16.     Recommended ways to address each perceived problem commonly involve a combination of options. Analysis of each of the perceived problems has been prepared. This analysis includes a description of the issue, options available to address the issue, and the preferred option that most appropriately addresses the problem (see Attachment A).

17.     In summary, the options for addressing perceived problems are:

·    Rely on alternative regulation

·    Non-regulatory approaches – examples include community education, guidelines, signage and service provision   

·    General nuisance regulation in a bylaw – every person who owns an animal must ensure that the animal does not cause a nuisance to any other person

·    Specific controls in or made pursuant to a bylaw – examples include licensing requirements or minimum standards.

18.     A summary of the recommended approach is set out in table 1 below.

Table 1: Summary of proposal

Perceived Problem

Rely on alternative regulation

Non-regulatory approaches

General nuisance regulation in a bylaw

Specific standards in a bylaw

1-Keeping domestic cats

 

 

ü

 

2-Keeping bees in urban areas

 

 

 

ü

3-Keeping stock in urban areas 

 

 

 

ü

4-Horse riding in public places

 

 

 

ü

5-Pest animal management

ü

 

 

 

6-Public nuisance from wild birds

 

ü

 

 

 

19.     The council proposes that keeping bees and stock in urban areas and horse riding in public places be regulated through minimum standards. The minimum standards intend to manage concerns related to public health, safety and nuisance caused by animals, while enabling best practice. Additional guidelines are also provided to assist animal owners to comply with the minimum standards and provide additional sources of best practice information.

20.     The general keeping of animals is proposed to be regulated through nuisance regulation in a bylaw, which requires every person who owns an animal to ensure that the animal does not cause a nuisance to any other person. A licence is proposed to be required to keep bees in a public place, graze stock in a public place and keep stock in urban areas where the type or number exceeds any controls made under the bylaw.

21.     It is also proposed to delegate decision-making powers for horse riding controls at regional parks and beaches adjacent to regional parks to the governing body and for local parks and all other beaches, to local boards.

22.     This review does not include matters related to dog management because they are already addressed in the Auckland Council Policy on Dogs 2012 and Auckland Council Dog Management Bylaw 2012.

 

Cat management services and cat predation

23.     At a councillor workshop on the 20th of May 2014, councillors sought more information on the option to provide cat management services and concerns about potential cat predation of wildlife. Information was provided to councillors in response to this request at a councillor workshop on 17th June 2014 and is contained in Attachment C and Attachment D.

24.     The option to provide cat management services was identified during consultation with welfare groups and is discussed in the Statement of Proposal, Problem 1: Cats, Option F. The provision of cat management services is not recommended because it is not a core council service, nor a priority to achieve the Auckland Plan[1]. A council service would require changes to local government and welfare legislation, impose a significant cost to the council (ratepayers), is disproportionate to the number of complaints the council receives, conflicts with other agency approaches to manage unwanted cats - e.g trap, neuter, return approaches versus re-homing, and risks capturing owned domestic cats in the absence of a national registration database.

25.     The issue of cat predation is a highly sensitive issue and would require further investigation to understand the extent to which domestic and stray cats may be preying on wildlife, particularly in local parks, and how this may be affected by urban pest control projects. It is recommended that further investigation of cat predation issues is best addressed as part of the Auckland Regional Pest Management Plan (RPMP) review or a separate council-wide strategy on cats.

Consideration

Local board views and implications

26.     The views of local boards have been sought through two rounds of engagement and can be seen in Appendix 1 of Attachment A. The first round of engagement in July 2013 involved identifying animal management issues which contributed to the development of perceived problems. The second round of engagement in February 2014 involved discussions on preferred options for addressing animal management issues. Eighteen local boards support the recommendations. One local board prefers a higher level of regulation for keeping domestic cats and the ability for the council to manage stray cats. One local board supports the keeping of bees to be managed using the Health Act 1956 and one local board supports a general nuisance bylaw to manage keeping bees and horse riding in public places.

 

 

Maori impact statement

27.     The views of Māori representatives were sought during the issues and options phase in 2013 at the Kaitiaki Forum (25 June), at a northern hui (22 October) and a southern hui (23 October). Comments were received at the northern and southern hui. Māori representatives indicated a preference for minimum standards for keeping bees, stock and horse riding in public places. Representatives specifically supported a number limit of six chickens in an urban area and for horse riders to be responsible for disposing of horse manure in a public place. Comments included that bees are an intricate part of the ecosystem and careful thought is required around bee management. Māori representatives support the removal of licensing requirements for beekeepers in urban areas as long as they comply with minimum standards of responsible hive management.

Implementation

28.     The implications of the proposed bylaw include the introduction of a licensing requirement to keep more than six chickens in an urban area, instead of twelve, in the legacy Franklin District Council, Manukau City Council, Papakura District Council and Rodney District Council areas. The proposed bylaw also includes the introduction of a licensing requirement to own stock other than chickens in an urban area in the legacy Auckland City Council and Waitakere City Council areas.

29.     As the review involved consideration of the council’s legislative role in relation to the role of other agencies, and that there are many legislative acts, local regulations and best practice guidelines that regulate or guide animal management, this has meant a reduction in regulation. Keeping bees in urban areas will no longer be licensed.

30.     The proposed animal management bylaw will require a new animal management licensing system to consolidate several legacy methods of regulation and licensing into one system. This work is planned and preliminary work is currently underway.

 

Attachments

No.

Title

Page

aView

Statement of Proposal

19

bView

Proposed Animal Management Bylaw

47

cView

Memo on council services for cats

79

dView

Memo on the protection of wildlife from cat predation

83

     

Signatories

Authors

Paul Wilson - Principal Policy Analyst

Emma Pilkington - Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Roger King - Manager Bylaws, Business Development and Support

 


Regulatory and Bylaws Committee

22 July 2014

 





























Regulatory and Bylaws Committee

22 July 2014

 

































Regulatory and Bylaws Committee

22 July 2014

 




Regulatory and Bylaws Committee

22 July 2014

 




Regulatory and Bylaws Committee

22 July 2014

 

Review of Alcohol Control Bylaws

 

File No.: CP2014/15170

 

  

 

Purpose

1.       To recommend the governing body that a bylaw is the appropriate mechanism to address issues associated with the possession and consumption of alcohol in public places.

2.       To appoint a hearings panel to hear submissions, deliberate and make recommendations to the governing body of Auckland Council on the Review of Alcohol Control Bylaws (including any recommendations for a proposed alcohol control bylaw).

Executive summary

3.       Under the Local Government (Auckland Transitional Provision) Act 2010 the seven legacy alcohol control bylaws are deemed to have been made by the Auckland Council. As for all the bylaws inherited by Auckland Council, the bylaws remain operative until 31 October 2015, after which date they lapse. 

4.       This presents the council with an opportunity to review the approach of making alcohol bans and to ensure the bylaw meets the new requirements of the Local Government (Alcohol Reform) Amendment Act 2012. It is proposed to:

·        make a new alcohol control bylaw that will be used to make, review, amend and revoke alcohol bans in public places

·        delegate decisions on alcohol bans to local boards, except in public places of regional significance

·        allow the seven legacy bylaws to lapse on 31 October 2015. 

5.       It is important to note that the proposal is to establish the bylaw structure and delegations that will be used to make, review, amend or revoke alcohol bans. The proposal does not include a review of existing alcohol bans or the making of new alcohol bans. Decisions on existing and new alcohol bans will be made by local boards after a new bylaw is adopted. This ensures decisions on alcohol bans meet the proposed new requirements in the bylaw.

6.       The committee is also asked to appoint a hearings panel for this review to deliberate and make recommendations to the governing body on the proposal.

 

Recommendation/s

That the Regulatory and Bylaws Committee:

a)      recommend to the governing body of Auckland Council that it resolves (i) to (vi) as follows:

i)        that pursuant to section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing the issues relating the control of the possession and consumption of alcohol in public places.

ii)       that pursuant to section 155(2)(a) of the Local Government Act 2002, the proposed alcohol control bylaw (Attachment B) is the most appropriate form of bylaw to address the issues relating to the possession and consumption of alcohol in public places.

iii)      that pursuant to section 155(2)(b) and section 155(3) of the Local Government Act 2002, the proposed alcohol control bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

 

iv)      that pursuant to section 62 of the Local Government (Auckland Transitional Provisions) Act 2010, the Auckland Council proposes to allow the seven legacy council bylaws that deal with the issues of possession and consumption of alcohol in public places to lapse on 31 October 2015 (and replace them with a new region-wide bylaw).

v)      that pursuant to section 31 of the Local Government (Auckland Council) Act 2009, the Auckland Council proposes to delegate regulatory decisions on local alcohol bans to local boards.

vi)      that pursuant to sections 83 and 86 of the Local Government Act 2002, Attachment  A: Statement of Proposal  - Alcohol Control in Public Places be adopted for public consultation.

vii)     that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the Statement of Proposal and proposed Alcohol Control Bylaw 2014 to correct any identified errors, typographical edits, or to reflect decisions made by the governing body that affect the Statement of Proposal.

b)      appoint a hearings panel comprised of up to four elected members and one member of the Independent Māori Statutory Board to hear submissions, deliberate and make recommendations to the governing body of Auckland Council on the Review of Alcohol Control Bylaws.

c)      appoint one member as chairperson of the hearings panel.

d)      delegate to the chairperson of the Regulatory and Bylaws Committee the power to make a replacement appointment to the hearings panel in the event that any member appointed by the committee under resolution (b) is unavailable.

e)      agree that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the Statement of Proposal and proposed Alcohol Control Bylaw 2014 to correct any identified errors, typographical edits, or to reflect decisions made by the committee that affect the Statement of Proposal.

 

Comments

7.       The Local Government (Auckland Transitional Provisions) Act 2010 requires the review of the seven legacy alcohol control bylaws (previously called liquor control bylaws) and associated alcohol bans (previously called liquor bans) by 31 October 2015.

8.       The Regulatory and Bylaws Committee is responsible for recommendations to the governing body on special consultative procedures for the making, amendment and revocation of bylaws, and delegation of regulatory powers to local boards.

9.       The Local Government Act 2002 prescribes the process to review the legacy bylaws and for making a bylaw.  In particular it requires the council to determine if a bylaw is the most appropriate response to a problem and if so to ensure that the bylaw:

·        is developed in the most appropriate form

·        is consistent with the New Zealand Bill of Rights Act 1990

·        meet the legal requirements as set out in the Bylaws Act 1910, including not being unreasonable, providing rules that are proportionate to the issues being addressed and not being beyond the powers of the enabling legislation

·        undergoes public consultation using the special consultative procedure.

 

10.     The requirements for making or continuing individual alcohol bans has changed significantly with the passing of the Local Government (Alcohol Reform) Amendment Act 2012. This act introduced a higher threshold to be met for alcohol bans to be made or continued. The higher threshold requires that the council is satisfied that there is evidence to show a high level of crime or disorder is caused or made worse by the consumption of alcohol in that public place and that the alcohol ban is a reasonable restriction on people’s rights in light of that evidence.

Current regulation: Auckland’s legacy alcohol control bylaws

11.     Auckland Council currently has more than 1,600 individual alcohol ban areas.  The majority of these bans were made under the seven legacy council bylaws.

12.     The legacy bylaws vary significantly in their drafting style and presentation.  They also have a number of substantive differences.

13.     In general, the legacy bylaws provide a mechanism for the council to make alcohol bans. Some legacy bylaws enable the making of alcohol bans by resolution while others require a change to the bylaw itself (i.e. the specific bans are explicit within the bylaw). Making alcohol bans by resolution means the level of consultation is determined on a case by case basis and can result in more effective and efficient decisions compared to amending the bylaw which requires a special consultative procedure.

14.     Within an alcohol ban area the possession and consumption of alcohol is prohibited during the time the ban is operational. Exceptions enable alcohol to be transported in an unopened container to and from licenced and private premises.

15.     Enforcement of the bylaw is the responsibility of the New Zealand Police. The police have powers of search, seizure and arrest, and may issue a $250 infringement notice for breach of an alcohol ban.

Details of review

16.     The New Zealand Police consider that limiting the consumption of alcohol in public places can help to reduce alcohol-related harm. An assessment of the appropriateness of the legacy bylaws indicate that:

·        a single bylaw is necessary to enable the adoption of alcohol bans that prohibit, regulate or control the consumption or bringing into or possession of alcohol in public places. A single region-wide bylaw is also preferred to ensure consistency across Auckland

·        it is appropriate to delegate decisions on alcohol bans in local public places to local boards.

Proposal

17.     The full Statement of Proposal is included in Attachment A. The details of the proposal are to:

·        make a new alcohol control bylaw that will be used to make, review, amend and revoke alcohol bans in public places

·        delegate decisions on alcohol bans to local boards, except in public places of regional significance which will remain the responsibility of the Regulatory and Bylaws Committee

·        allow the seven legacy bylaws to lapse on 31 October 2015. 

18.     The proposal is to establish the bylaw structure and delegations that will be used to make, review, amend or revoke alcohol bans. The proposal does not include a review of existing alcohol bans or the making of new alcohol bans. Decisions on existing and new alcohol bans will be made by the local boards after a new bylaw is adopted. This ensures decisions on alcohol bans meet the new requirements in the bylaw which may change through the special consultative procedure.

19.     The proposed bylaw impacts on personal freedoms, including those referenced by the New Zealand Bill of Rights Act 1990. The restrictions included in the bylaw have been considered against the requirements of the act and are considered appropriate.

20.     Further details of the determinations under section 155 of the Local Government Act 2002 are provided in the statement of proposal in Attachment A.

21.     The proposal is to first adopt a bylaw and delegations, after which local boards would review existing alcohol bans. The advantage of this approach is that it is the fastest and least complicated way to replace the seven different legacy approaches to making an alcohol ban, and is the fastest way to enable local board decision-making on new alcohol bans. The process could be completed by December 2014.

Hearings panel

22.     A hearings panel will be needed to receive and consider public submissions, and make a recommendation on the final form of the bylaw to the governing body. Hearings and deliberations may take up to three days on dates yet to be determined. It is recommended that this hearings panel has up to five members, including a member from the Independent Māori Statutory Board.

Consideration

Local board views and implications

23.     The review of the legacy bylaws was discussed with local boards in the context of the significant other changes arising from new alcohol-related legislation. In relation to alcohol bans, local boards sought clear decision-making criteria, some form of regional consistency in times while providing for local variation where necessary, provision for temporary changes, and local board delegations.

Maori impact statement

24.     Throughout the initial engagement phases of the review project, staff worked with the Community Policy and Planning team, Te Waka Angamua, policy advisors at the Independent Maori Statutory Board and Hapai Te Hauora Tapui to deliver a program for engaging with Maori on alcohol issues.

25.     As part of this, staff ran a workshop with rangatahi (youth), organised a rangatahi engagement session as part of the Atamira event and held a hui with mana whenua and mataa waka to discuss both the Local Alcohol Policy Project and the Alcohol Control Bylaw Project.

26.     There is broad support from the police iwi liaison officers, mana whenua and mataa waka in relation to protecting children and young people from the harms associated with consumption of alcohol in public places.

Iwi management plans

27.     There are no specific references in Iwi Management Plans to alcohol or alcohol policy, other than a statement about general health and well-being.

Implementation

28.     The approach to and timing of public consultation will consider the range of other matters that the council is engaging with the public on over coming months.

29.     Preparation of the changes needed to operate any new bylaw (once it is adopted) will be coordinated through the Integrated Bylaw Review and Implementation programme, alongside the relevant operational team.

 

Attachments

No.

Title

Page

aView

Statement of Proposal

93

bView

Proposed Alcohol Control Bylaw

109

     

Signatories

Authors

Kylie Hill - Project Leader Alcohol Issues

Paul Wilson - Principal Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Roger King - Manager Bylaws, Business Development and Support

 


Regulatory and Bylaws Committee

22 July 2014

 
















Regulatory and Bylaws Committee

22 July 2014

 













Regulatory and Bylaws Committee

22 July 2014

 

Amendment of the Health and Hygiene Bylaw 2013

 

File No.: CP2014/15291

 

  

 

 

Purpose

1.       To recommend that the governing body adopt a proposal to exempt pharmacists undertaking commercial ear-piercing services from the Health and Hygiene Bylaw 2013.

2.       To appoint a hearings panel to hear submissions, deliberate and make recommendations to the governing body of Auckland Council on the proposed amendment of the Health and Hygiene Bylaw 2013.

Executive summary

3.       The Health and Hygiene Bylaw 2013 regulates commercial services that pierce the skin (which includes ear-piercing), risk breaking the skin, risk burning the skin, or involve risks of infection. This bylaw currently requires operators of high risk activities, such as ear-piercing (including pharmacists), to obtain a Health Protection Licence from Auckland Council and to comply with the Health and Hygiene Bylaw 2013 and the associated code of practice (including a minimum age of 16 years for ear piercing).

4.       The Pharmacy Guild has requested an exemption to the requirement to obtain a licence to provide commercial ear-piercing services under the Health and Hygiene Bylaw 2013 as it is of the view that the current level of regulation within a pharmacists’ industry, and their experience of ear-piercing, sufficiently ensures the risk to public health is reduced to a level that does not require further regulation by the council.

5.       The council has considered the most appropriate way of addressing health and hygiene risks from commercial ear-piercing services provided by pharmacists and considered the existing industry-based regulation of pharmacists and their practices referred to by the Pharmacy Guild.  The existing regulation effectively manages the health and hygiene risks from commercial ear-piercing services provided by pharmacists and is considered the most efficient and effective way of achieving public health for this industry. 

6.       The council proposes not to regulate the provision of commercial ear-piercing services by pharmacies and to extend the current exemption from the requirements of the Health and Hygiene Bylaw 2014 to include pharmacies.

 

Recommendation/s

That the Regulatory and Bylaws Committee:

a)      recommend to the governing body of Auckland Council that it resolves (i) to (v) as follows:

i)        that regulation in the form of a bylaw is not the most appropriate way to address health and hygiene risks from commercial ear-piercing services provided by pharmacists.

ii)       that existing industry-based regulation of pharmacists and their premises effectively manages the health and hygiene risks from commercial ear-piercing services provided by pharmacists.

iii)      that it is appropriate to exempt commercial ear-piercing services provided by pharmacists from compliance with the Auckland Council Health and Hygiene Bylaw 2013 as specified in Attachment A.

iv)      that under sections 83 and 86 of the Local Government Act 2002, Attachment A Statement of Proposal Amendment to Health and Hygiene Bylaw 2013, be adopted for public consultation.

v)      that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the Statement of Proposal to correct any identified errors or typographical edits or to reflect decisions made by the governing body that affect the Statement of Proposal.

b)      appoint a hearings panel of two elected members and one member of the Independent Māori Statutory Board to hear submissions, deliberate and make recommendations to the governing body of Auckland Council on the proposed amendment of the Health and Hygiene Bylaw 2013.

c)      delegate to the chairperson of the Regulatory and Bylaws Committee the power to make a replacement appointment to the hearings panel in the event that any member appointed by the committee under resolution (b) is unavailable.

d)      agree that the Manager Policies and Bylaws be authorised to make any minor edits or amendments to the Statement of Proposal to correct any identified errors or typographical edits or to reflect decisions made by the committee that affect the Statement of Proposal.

 

Comments

 

Background

7.       Auckland Council is empowered under the Health Act 1956 to make bylaws to protect the health of our community and may inspect, and take steps to abate any identified nuisances or conditions likely to be injurious to health. The Local Government Act 2002 also empowers territorial authorities to make bylaws to protect, promote and maintain public health and safety.

8.       Commercial services that pierce the skin, or risk drawing blood (including ear-piercing), may be considered a high risk due to the significant hazards posed by contact with blood and body fluids, such as the risk of transmitting blood borne viral diseases and the transference of communicable diseases including Hepatitis B, Hepatitis C and HIV. There is also a risk of the transference of fungal and bacterial infection from breaking or abrading the protective epidermal layer.

9.       There are currently no national regulations for the skin piercing industry (including for ear-piercing), although there are guidelines issued by the Ministry of Health. Some territorial authorities (including Auckland Council) have developed bylaws and licensing requirements to foster good practice and to increase operators’ standards.

10.     The outcome sought by the bylaw is to ensure that public health and safety is maintained in an efficient and effective manner, and in particular that commercial ear-piercing services are undertaken in hygienic premises by responsible operators.

The issue

11.     The Pharmacy Guild has requested an exemption to the requirement for pharmacies to obtain licences to provide commercial ear-piercing services under the Auckland Council Health and Hygiene Bylaw 2013.

12.     The Pharmacy Guild has provided additional information that the current level of regulation within their industry, and their experience of ear-piercing, sufficiently ensures the risk to public health is reduced to a level that does not require further regulation by the council.

Health and Hygiene Bylaw 2013

13.     The Health and Hygiene Bylaw 2013 regulates commercial services that pierce the skin (which includes ear-piercing), risk breaking the skin, risk burning the skin, or involve risks of infection.

14.     The approach in the bylaw for high risk activities, such as ear-piercing, is to require operators (including pharmacists) to obtain a Health Protection Licence from Auckland Council and to comply with the Health and Hygiene Bylaw 2013 and the associated code of practice. The code of practice includes standards that restrict those below a certain age from using or accessing certain services (all commercial services that pierce the skin, sun-beds and colon hydrotherapy) without written permission of that persons’ parent or guardian. The age limit, set by the bylaw, for ear-piercing is 16 years of age.

Current Industry Regulation

15.     Pharmacists are recognised as health practitioners covered by the Health Practitioners Competence Assurance Act 2003. Section 11 of that Act enables the appointed authority of each health profession to define the scope of a particular practice. The Pharmacy Council, as the appointed authority, has published the scope of practice of a pharmacist in the Gazette, though this does not mention ear-piercing. The Pharmacy Council’s Code of Ethics 2011 requires pharmacists to practice within the scope of their profession and adhere to the entire Health and Disability Services – Pharmacy Services Standard or equivalent (5.2-5.4), though again this does not include ear-piercing.

16.     Pharmacists are bound by the Medicines Act 1981 which requires that the licence holder has sufficient knowledge of the NZS 8134.7: 2010 Health and Disability Services Pharmacy Services Standard (section 51). Licences are issued by the licensing authority at the Ministry of Health and are renewed annually. Medicines Control (a division of the Ministry of Health) requires all pharmacies to have a complete set of standard operating procedures (SOPs) to fulfil their Quality Audit requirements, and are subject to quality audits every 3-5 years against NZS 8134.7: 2010 and Standard Operating Procedures. Examples of Standard Operating Procedures include ‘safe and appropriate environments’ in a pharmacy, management of waste and hazardous substances, informed consent, complaints management, quality and risk management systems (including infection control and health and safety), training and personal hygiene, needles stick injury processes, and procedures for ear-piercing.

What are the views of stakeholders?

17.     Auckland Council Environmental Health Officers (EHOs), public health experts from the Auckland Regional Public Health Service (ARPHS) and the Pharmacy Council support exempting pharmacists from the bylaw as it is perceived there is sufficient regulation to ensure pharmacists undertaking ear-piercing are doing so in a safe and hygienic manner.  The provision of the service has not resulted in any serious complaints being received.

What are the options?

18.     Three options are proposed for this amendment as follows.

 

Benefits

Disadvantages

Option 1: Exemption from entire bylaw and code of practice

·   Reduces compliance costs for pharmacists (no licence or minimum standards) and relies on current industry regulation to ensure public health and hygiene for pharmacist commercial ear-piercing services.

·   Reduces inspection  and enforcement costs for the council.

 

·   Age limit of 16 years (without written permission of that person’s parent or guardian (regulated in code of practice) that applies to all other commercial ear-piercing service operators may not be adopted in standard operating procedures.

·   Pharmacist standard operating procedures may not reach minimum standards in bylaw.

·   Potential for other industries to request exemptions.

·   Pharmacies are only inspected every 3-5 years.

 

Option 2: Exemption from licence, subject to compliance with code of practice (inspect on complaint)

·   Ensures pharmacies are regulated to same level as other commercial ear- piercing operators (except that no licence required).

·   Ensures consistent age-limits across Auckland.

·   Reduces compliance costs for pharmacists (no licence).

·   Reduces inspection and enforcement costs for the council.

 

·   Potential for other industries to request exemptions.

·   Inspect on complaint – potential for people to not complain to the council or Health and Disability Commissioner.

·   Pharmacists required to adopt standard operating procedures that meet the bylaw minimum standards (i.e. some compliance costs).

 

Option 3:

Status quo: pharmacists to obtain licence and comply with bylaw and code of practice

 

·   Ensures pharmacies are regulated to same level as other commercial ear- piercing service operators

·   Ensures consistent age-limits across Auckland

·   Increases compliance costs for pharmacists (licence required)

·   Pharmacists required to adopt standard operating procedures that meet the bylaw minimum standards (i.e. some compliance costs).

·   Unnecessarily increases inspection and enforcement costs for the council.

 

Staff recommendation

19.     The council has considered the most appropriate way of addressing health and hygiene risks from commercial ear-piercing services provided by pharmacists. This analysis has considered the existing industry-based regulation of pharmacists and their practices, in conjunction with the most efficient and effective way of achieving public health in Auckland.

20.     Following that analysis, the council considers:

a)   that regulation in the form of a bylaw is not the most appropriate way to address health and hygiene risks from commercial ear-piercing services provided by pharmacists;

b)   that existing industry-based regulation of pharmacists and their premises effectively manages the health and hygiene risks from commercial ear-piercing services provided by pharmacists; and

c)   consequently it is appropriate to exempt commercial ear-piercing services provided by pharmacists from compliance with the Health and Hygiene Bylaw 2013. The necessary amendment to the bylaw is provided in Appendix 1.

Consideration

Local board views and implications

21.     Views of local boards were sought on how best to address the perceived problems and were presented to the Regulatory and Bylaws Committee and the hearings panel in 2012. No local boards expressed concerns regarding pharmacists providing commercial ear-piercing services.

Maori impact statement

22.     Consultation with Māori during the development of the Health and Hygiene Bylaw in 2012 identified Ta Moko as the primary issue of concern. As this matter is related specifically to commercial ear-piercing services by pharmacists, no further Māori consultation has been undertaken.

Implementation

23.     Exempting pharmacists from obtaining a licence under the bylaw will reduce the additional cost of inspection and enforcement for the council, enabling the council to concentrate its enforcement measures on high risk activities.

 

 

Attachments

No.

Title

Page

aView

Statement of Proposal: Amendment of the Health and Hygiene Bylaw 2013

127

     

Signatories

Authors

Toni Ferdinands - Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Roger King - Manager Bylaws, Business Development and Support

 


Regulatory and Bylaws Committee

22 July 2014

 








Regulatory and Bylaws Committee

22 July 2014

 

Integrated bylaws review and implementation programme (IBRI) update – July 2014

 

File No.: CP2014/15415

 

  

 

 

Purpose

1.       To receive an update on the Integrated Bylaw Review and Implementation (IBRI) programme, and note its progress towards delivering a set of bylaws that are appropriate for Auckland by October 2015.

2.       To note the proposal of further work and reporting in relation to boarding houses.

Executive summary

3.       The Integrated Bylaw Review and Implementation programme has been established to review the set of legacy bylaws and adopt and implement new bylaws that are appropriate for Auckland, by October 2015.

4.       The 2014/15 Annual Plan includes additional funding of $10.6M in for the 2014/2015 year 014 for the Integrated Bylaws and Review Implementation Programme. A further $0.7M is expected to be required for activities in the 2015/2016 year.

5.       Consultation and considerations of submissions has been completed for the reviews of the Navigation Safety Bylaw and the Cemeteries and Crematoria Bylaw, and final bylaws will be reported to the governing body in July or August for these topics. The Auckland Transport Board has also adopted changes to their Election Signs Bylaw that come into force on 18 July 2014 ahead of this year’s central government election.

6.       Further proposed bylaws are included for consideration and endorsement by the July meeting of this committee. These are the Alcohol Control Bylaw, the Animal Management Bylaw (covering animals other than dogs); and an amendment to the Health and Hygiene Bylaw. Together with the Trading and Events in Public Places Bylaw, the public will shortly be invited to make submissions on these proposed bylaws. Consultation around these topics will be coordinated to ensure that a coherent view is presented to the public across these topics and in the context of other work on fees and charges that forms part of the development of the long-term plan for 2015-2025.

7.       The 2014 programme for review of local dog access rules is well underway with the local boards that are proposing changes this year. Owners of registered dogs were advised of the proposed changes alongside their registration renewals, with submissions closing on 23 July.

8.       The review of legacy Boarding House and Hostels Bylaws is underway. The council has several powers under a range of existing legislation and regulations. Further work is proposed to help identify whether a bylaw is needed to augment these and better support the council in proactively targeting issues that can arise with this form of accommodation.

9.       The new Public Safety and Nuisance Bylaws and the Health and Hygiene Bylaw came into force on 26 May 2014 and 1 July 2014 respectively and the changes that allow the council to operate these new bylaws have been successfully delivered. Media coverage for these has generally been positive. In particular the prohibition on use of sunbeds by those under 18 years old has received positive coverage (reflecting the council’s leadership on this issue).

10.     No formal requests for local board bylaws have been received over the period covered by this report.

 

Recommendation/s

That the Regulatory and Bylaws Committee:

a)      note the progress of the Integrated Bylaw Review and Implementation programme towards its completion of the delivery of new bylaws by October 2015.

b)      note that a proactive role is proposed for the council in relation to boarding houses, and that further work is underway to identify the appropriate mechanism for this; that this could rely on existing powers or include the development of a boarding houses bylaw; and that a report on this will be provided to this committee later this year.

 

 

Comments

 

Background to the Integrated Bylaw Review and Implementation programme

11.     Auckland Council inherited a set of legacy bylaws from the former councils, covering approximately 30 topics. These bylaws expire at the end of October 2015.

12.     The Integrated Bylaw Review and Implementation (IBRI) programme has been established to review these bylaws and prepare a new bylaw for each topic where appropriate, and to make and communicate the necessary changes so that the council can operate the new bylaws and achieve the outcomes sought from each bylaw. The programme will also work with affected parties where a legacy bylaw is not replaced by a new bylaw.

13.     The establishment of this programme recognises that delivery of the consistent customer service and public outcomes sought from bylaws requires significant co-ordination of work across the organisation. This ensures that these changes can be coordinated and communicated for the internal and external parties that are affected by bylaws. 

14.     The Regulatory and Bylaws Committee has ownership of the programme and receives regular updates. The previous update was provided in March 2014 (refer CP2014/03803 and RBC/2014/16). This report covers April to June 2014. It provides an update on the various topics included in the programme, and attachment A provides an overview of the timeline through to October 2015.

Funding for bylaw review and implementation

15.     A funding proposal for the IBRI programme was approved by the Budget Committee at its meeting of 8 May 2014, resolving (in part, refer resolution BUD/2014/24):

 

16. Mayor's Proposal for the final Annual Plan 2014/2015
That the Budget Committee:

a)         receive the Mayor’s Proposal for the final Annual Plan 2014/2015 report.

b)         recommend to the Governing Body adoption of the budget as set out in the draft Annual Plan 2014/2015 with the following [changes]:

ii)         Bylaw implementation and other Licensing and Compliance capex:
Operational expenditure  $310,000
Capital expenditure $9,860,000

 

 

16.     This means that the programme will have sufficient resources to deliver its objectives this year. A prudent approach will be taken to the expenditure of this budget, with opportunities for savings and efficiencies being explored on an ongoing basis. A further $0.7M is expected to be required for activities in the 2015/2016 year.

Update on review stage for bylaw topics

17.     Table 1 and Table 2 below show the current status of the review topics and provide further comments for particular topics.

18.     This includes bylaws that may be folded into or managed under other topics (Arkles Bay set netting, Orakei Basin), the ongoing local boards’ review of dog access rules, regional film fees, and the review that must take place within five years of any bylaw’s adoption.

 

Table 1: Summary of status and next steps for review of bylaw topics

 

Topic

Status and Progress – 7 stages

Comments

 

Status

1-Preparation

2-Pre-consultation

3-Options

4-Write Bylaw

5-Adopt draft

6-Spec Cons Proc

7-Adopt final

 

Reviews completed

 

 

 

 

 

 

 

 

 

Dog management

G

 

 

 

 

 

 

 

Completed

Election Signs

G

 

 

 

 

 

 

 

Completed

Food safety

G

 

 

 

 

 

 

 

Completed

General administration

G

 

 

 

 

 

 

 

Completed

Hazardous substances

G

 

 

 

 

 

 

 

Completed

Health & hygiene

G

 

 

 

 

 

 

 

Completed

Offensive trades

G

 

 

 

 

 

 

 

Completed

Public safety and nuisance

G

 

 

 

 

 

 

 

Completed

Solid waste (Waste m/ment)

G

 

 

 

 

 

 

 

Completed

Trade waste

G

 

 

 

 

 

 

 

Completed

Transport (Auckland Transport)

G

 

 

 

 

 

 

 

Completed

 

 

 

 

 

 

 

 

 

 

Work programme

 

 

 

 

 

 

 

 

 

Navigation safety (incl lifejackets)

G

 

 

 

 

 

 

 

See below

Outdoor / rural fires

G

 

 

 

 

 

 

 

 

Trading and events in public places

G

 

 

 

 

 

 

 

See below

Stormwater management

G

 

 

 

 

 

 

 

 

Signs

G

 

 

 

 

 

 

 

See below

Election signs (amendment)

G

 

 

 

 

 

 

 

See below

Alcohol licensing fees

A

 

 

 

 

 

 

 

 

Alcohol control

G

 

 

 

 

 

 

 

 

Animal management

G

 

 

 

 

 

 

 

 

Air quality

G

 

 

 

 

 

 

 

 

Boarding houses and hostels

G

 

 

 

 

 

 

 

See below

Cemeteries and crematoria

G

 

 

 

 

 

 

 

 

Commercial sex industry

A

 

 

 

 

 

 

 

Issues covered in unitary plan and other bylaws

Construction and development

G

 

 

 

 

 

 

 

 

Onsite wastewater

G

 

 

 

 

 

 

 

 

Orakei Basin

G

 

 

 

 

 

 

 

 

Recreational and cultural facilities

G

 

 

 

 

 

 

 

 

Transport (Parks / AC controlled land

G

 

 

 

 

 

 

 

 

Water supply and wastewater (reticulation)

G

 

 

 

 

 

 

 

 

Wharfs & marinas

G

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other work

 

 

 

 

 

 

 

 

 

Review - local dog access rules

G

 

 

 

 

 

 

 

See below

Freedom camping

G

 

 

 

 

 

 

 

 

Arkles Bay set netting

G

 

 

 

 

 

 

 

 

Regional film fees

G

 

 

 

 

 

 

 

 

Five year reviews

B

 

 

 

 

 

 

 

 

 

Status summary codes

G

Green - Work is progressing as planned, due date will be met or any revised date will not have wider impacts

A

Amber – Original due date at risk of being missed and this may have wider impacts; or an issue has arisen.

R

Red - Due date has or will be missed and this will have wider impacts; or an issue has arisen that will have wider or significant impacts.

B

Blue - Not yet scheduled. However, background work is underway.

 

Table 2: Additional comments for particular topics in the bylaw review programme

 

Navigation safety / lifejackets

On track

G

Public submissions closed on 17 March and the public hearings and deliberations are now completed. The Hearings Panel is in the process of completing its report on the final form of the bylaw that is to be considered for adoption by the governing body at its meeting on 31 July 2014.

 

The panel have requested that a campaign be developed to communicate the changes introduced in the new bylaw and to support the bylaw’s objectives around safety on the water, particularly in relation to smaller boats and the wearing of lifejackets. This campaign is intended to operate over the 2014/2015 summer and progress on this will be reported to this committee in due course.

 

Trading and events in public place

Re-planning

G

The proposed bylaw was endorsed by the council in May 2014 and is expected to be endorsed by the Auckland Transport Board at their July meeting. Submissions are planned to be called for early in August and any new bylaws could come into force for July 2015 (allowing any fee changes to also be put in place with the new long-term plan that will start then).

 

 

Signs

On track

G

A further round of consultation with local boards and associations representing affected industries has taken place over the past few months. This has resulted in a proposed signage bylaw being developed and this will shortly be included for endorsement on an upcoming meeting of this committee. The proposed bylaw will also be considered by the Auckland Transport Board (in relation to their jurisdiction) at their next meeting. Following those endorsements, public submissions will be called for and any new bylaw could be in place for July 2015.

 

Election signs amendment 2014

Completed

G

Auckland Transport adopted the Elections Signs Bylaw in 2013 and the bylaw was in place for the 2013 local government elections. Issues that were raised through the election period by candidates, teams and operational staff were reviewed early in 2014. From this a series of possible amendments to the bylaw were developed and endorsed by the Auckland Transport Board for public consultation.

 

Following public submissions and the consideration of those submissions, the board adopted a final set of amendments at their meeting of 24 June. These amendments come into force on 18 July 2014, in time for the general election.

 

Boarding houses and hostels

On track

G

The review of this topic has considered the two legacy bylaws (from Auckland City Council and Rodney District Council), practices of the legacy councils and other legislation and regulations. The council has a range of powers, in particular under the Health Act, the Building Act and the Housing Improvement Regulations. These include powers to enter, inspect, issue cleansing orders or notices to fix, abate nuisances, prosecute, and take other enforcement action where it discovers a contravention of the particular act.

 

It may be appropriate for the council to take a proactive approach to boarding houses as their occupants may be unaware of their rights and responsibilities or may be reluctant to complain for various reasons. It is not currently clear whether an Auckland-wide bylaw is necessary or desirable to support this and further work is underway to determine the best approach. Current information suggests that there are approximately 150 boarding houses across Auckland.

 

Local dog access review

On track

G

The 2014 local board dog access review includes some areas within the following local boards: Kaipatiki, Orakei, Maungakiekie-Tamaki, Puketapapa, and Hibiscus and Bays.

 

This is the first year of the new approach to reviewing dog access rules and means the council can consider requests for changes to dog access rules on an annual basis. This approach is more responsive to residents and the environment and enables robust consideration on specific public places to provide for public safety and comfort, the needs of dogs and their owners and to ensure the practicality of dog access rules.

 

The council is required to advise registered dog owners about these proposed changes and this has been achieved by including relevant material within the dog registration package. This is the first year that this approach has been possible and it has reduced costs and ensured that dog owners receive a single combined communication from the council. This targeted advice has been supported by other communication including public notices, local newspaper advertising and initiatives planned by these local boards. Submissions on the proposed changes close on 23 July 2014 and will then be considered by panels established by the relevant local boards. Further access review changes are planned for the next two years.

 

Consultation on proposed bylaws

19.     As noted above, there will be a number of bylaws that will be open for public submissions in coming months. Consultation on these will be coordinated to ensure that a cost-effective approach is taken so that the overall messaging to the public is coherent. This is expected to include combining the consultation periods for several topics.

20.     A number of initiatives will be included for specific topics, alongside actions needed to meet the statutory requirements. This will include:

·    use of ethnic media and translations where particular parts of the community are affected;

·    additional display advertisements;

·    directly advising known key stakeholders, including those that have expressed interest in each topic in the past or been involved in the bylaw review process.

21.     The consultation period for these bylaws may also overlap with proposals for changes to fees and charges that are being developed as part of the long-term plan. While these bylaws do not set fees or charges, they can affect the same people and businesses. The consultation approach will reflect this and ensure that affected people and businesses are aware of their opportunities to provide input into both of these processes.

 

Update on implementation stage for new bylaws

22.     Table 3 and Table 4 below show the current status of implementation projects and further comments for particular implementation projects.

 

Table 3: Summary of status and next steps for implementation projects

 

Implementation project name

Status and Progress

Link to bylaw topics / Other comments

 

Status

1-Preparation

2-Planning

3-Implementation

4-Closure

 

Underway

 

 

 

 

 

 

Alcohol licensing readiness

G

 

 

 

 

 

Alcohol licensing fees

A

 

 

 

 

See below

Animals (Stage 1)

G

 

 

 

 

 

Dog access review 2014

G

 

 

 

 

 

Electoral Signs 2013

G

 

 

 

 

Now complete

Electoral Signs 2014

G

 

 

 

 

See below

Environmental

G

 

 

 

 

 

Facilities

G

 

 

 

 

 

Food safety

G

 

 

 

 

Now complete

Health protection

G

 

 

 

 

Health & hygiene bylaw and code of practice; See below

Marine

G

 

 

 

 

Navigation safety

Public safety & nuisance

G

 

 

 

 

See below

Revoked and lapsing bylaws

G

 

 

 

 

General admin; Offensive trades; Others

Signage

G

 

 

 

 

 

Stormwater

G

 

 

 

 

 

Street trading

G

 

 

 

 

See below

Waste management

G

 

 

 

 

Solid waste bylaw

 

 

 

 

 

 

 

Proposed future

 

 

 

 

 

 

Air quality

B

 

 

 

 

 

Alcohol controls (liquor bans)

B

 

 

 

 

 

Animals (Stage 2)

B

 

 

 

 

 

Construction

B

 

 

 

 

 

Transport (AC land)

B

 

 

 

 

 

 

Table 4: Additional comments for particular implementation projects

 

Alcohol licensing fees

Re-plan

A

The council had endorsed adopting a bylaw with its own alcohol licensing fee amounts, to take affect from 1 July 2014 (refer governing body meeting of 22 August 2013, item 13, GB/2013/83). A report is being prepared for the Regional Strategy and Policy Committee to provide an update on this, noting the information collected to date on operating costs. That report is expected to propose an updated timeline for the consideration and possible delivery of this bylaw.

 

Electoral signs (2014 amendment)

On track

G

The council’s operational teams deliver support for this bylaw under delegation from Auckland Transport. These teams have had input into the amendments to the Election Signs Bylaw, and are now preparing to implement the final adopted changes as part of their support for the upcoming general election.

 

Health protection

On track

G

The new Health and Hygiene Bylaw and code of practice are in force from 1 July 2014 and this project is now in its closing phase after managing commencement successfully. The council’s leadership on prohibiting the use of sun-beds for people under 18 years of age was highlighted positively in the media.

 

Public safety and nuisance

On Track

G

The new Public Safety and Nuisance Bylaws are in force from 26 May 2014 and this project is now in its closing phase after managing commencement successfully. The bylaw has operated well since its commencement, with no major issues being reported.

Consideration

Local board views and implications

23.     Local boards are involved in the review of each bylaw topic (consistent with the review’s principles). This report does not raise any issues specific to local boards apart from those already noted above.

24.     No proposals for local bylaws have been received through the above period.

Maori impact statement

25.     This report does not raise any specific issues relating to Māori. The review of each topic includes considering whether that topic includes any elements of special interest to Māori, and if so the appropriate way to seek a greater level of engagement. Where appropriate, consultation with Māori (on a particular topic) may be linked to consultation on other related topics through the Unitary Plan or other initiatives.

Implementation

26.     The programme includes implementation and delivery for each bylaw, as noted above. This includes working with internal and external stakeholders as relevant to each topic.

 

Attachments

No.

Title

Page

aView

Bylaw programme timeline (2014-2015)

143

     

Signatories

Authors

Helgard Wagener - Team leader, Policies and Bylaws

Authorisers

Roger King - Manager Bylaws, Business Development and Support

 


Regulatory and Bylaws Committee

22 July 2014

 

    

    



[1] Section 10 Local Government Act 2002 (as amended in December 2012) and Section C of Auckland Plan.