I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 30 October 2014

9.15am Powhiri – 10.30am  meeting start

Orākei Marae
59b Kitemoana Street
Orākei

 

Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Len Brown, JP

 

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

Cr Dick Quax

 

Cr Cameron Brewer

Cr Sharon Stewart, QSM

 

Cr Dr Cathy Casey

Cr Sir John Walker, KNZM, CBE

 

Cr Bill Cashmore

Cr Wayne Walker

 

Cr Ross Clow

Cr John Watson

 

Cr Linda Cooper, JP

Cr Penny Webster

 

Cr Chris Darby

Cr George Wood, CNZM

 

Cr Alf Filipaina

 

 

Cr Hon Christine Fletcher, QSO

 

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

(Quorum 11 members)

 

 

 

Rita Bento-Allpress

Democracy Advisor

 

23 October 2014

 

Contact Telephone: (09) 307 7541

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

Website: www.aucklandcouncil.govt.nz

 

 


Meeting information

 

In the event that the Marae is required for a tangihanga, the alternative venue for this meeting will be:

 

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

The Auckland Council website will be updated should a change of venue be required. Members of the public are requested to check the agendas page on the website prior to the meeting.

 

A powhiri (formal welcome) will take place at 9.15am. Members of the public are requested to assemble at the main entrance by 9.15am for the welcome, from there you will be guided by marae staff.

 

A morning tea will follow the powhiri which members of the public attending the meeting are welcome to attend.

 

The Governing Body meeting will take place after the morning tea.

 

Public parking is available.

 

Marae protocols will be followed.

 

 


TERMS OF REFERENCE

 

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate; or

(b)        the power to make a bylaw; or

(c)     the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term council community plan; or

(d)        the power to adopt a long term plan, annual plan, or annual report; or

(e)        the power to appoint a Chief Executive; or

(f)      the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long term plan or developed for the purpose of the local governance statement; or

(g)        the power to adopt a remuneration and employment policy.

 

Additional responsibilities retained by the Governing Body:

 

(a)     Approval of a draft long term plan or draft annual plan prior to community consultation

(b)     Approval of a draft bylaw prior to community consultation     

(c)     Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(d)     Adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(e)     Relationships with the Independent Maori Statutory Board, including the funding agreement and appointments to committees.

(f)      Approval of the Unitary Plan

(g)     Overview of the implementation of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.

 

 


Governing Body

30 October 2014

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Affirmation                                                                                                                      7

2          Apologies                                                                                                                        7

3          Declaration of Interest                                                                                                   7

4          Confirmation of Minutes                                                                                               7

5          Acknowledgements and Achievements                                                                      7

6          Petitions                                                                                                                          7  

7          Public Input                                                                                                                    7

8          Local Board Input                                                                                                          7

9          Extraordinary Business                                                                                                7

10        Notices of Motion                                                                                                          8

11        Long Term Plan 2015-2025 - Mayoral Proposal on Rating Policy                           9

12        Introduction of a new Air Quality Bylaw - Recommendations from the Regulatory and Bylaws Committee                                                                                                       11

13        Report from the Hearing Panel on Amendment of the Health and Hygiene Bylaw 2013                                                                                                                                       93

14        Report from the Hearing Panel on the Proposed Alcohol Control Bylaw 2014 111

15        Local board decisions on local dog access rules                                                  129  

16        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

17        Procedural Motion to Exclude the Public                                                               151

C1       Recommendation for Appointments to the Disability Advisory Panel               151  

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

2          Apologies

 

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

 

 

3          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.

 

 

4          Confirmation of Minutes

 

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 25 September 2014, including the confidential section, as a true and correct record.

 

 

5          Acknowledgements and Achievements

 

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

 

 

6          Petitions

 

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

 

 

7          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.

 


 

8          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.

 

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

 

 

9          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.”

 

 

10        Notices of Motion

 

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

 


Governing Body

30 October 2014

 

 

Long Term Plan 2015-2025 - Mayoral Proposal on Rating Policy

 

File No.: CP2014/24882

 

  

 

 

 

The Mayor’s Long Term Plan 2015-2025 proposal on rating policy will be tabled at the meeting.

 


Governing Body

30 October 2014

 

 

Introduction of a new Air Quality Bylaw - Recommendations from the Regulatory and Bylaws Committee

 

File No.: CP2014/24686

 

  

Purpose

1.       To adopt the recommendations from the Regulatory and Bylaws Committee regarding a new Air Quality Bylaw.

Executive summary

2.       At its meeting on 21 October 2014, the Regulatory and Bylaws Committee agreed to recommend to the Governing Body of Auckland Council that a bylaw is the most appropriate way to manage emissions from indoor fires to improve public health and meet statutory obligations under the Resource Management (National Environmental Standards for Air Quality) Regulations 2004. The committee also agreed to recommend to the Governing Body of Auckland Council that a statement of proposal be adopted, with a proposed bylaw, for public consultation – Resolution RBC/2014/48 (d).

3.       In addition, the Regulatory and Bylaws Committee requested two amendments to the statement of proposal and proposed Air Quality Bylaw 2015 to state that the proposed date for introduction of the prohibition on the use of coal in an indoor fire in the Auckland urban airshed be 1 May 2015, instead of 1 October 2016, and the proposed date for introduction of the prohibition on the use of existing indoor open fires in the Auckland urban airshed be 1 October 2018, instead of 1 October 2016 – Resolutions RBC/2014/46 (b) and RBC/2014/47 (c) respectively.

4.       The statement of proposal and the proposed bylaw – updated to reflect the amendments requested under Resolutions RBC/2014/46 (b) and RBC/2014/47( c) – are contained in Attachment A and Attachment B, respectively. 

5.       A copy of the original report to the Regulatory and Bylaws Committee is contained in Attachment C.

Recommendations

That the Governing Body:

a)      agree that a bylaw is the most appropriate way for the council to reduce particulate emissions from indoor home heating fires to improve public health and to meet its obligations under the Resource Management (National Environmental Standards for Air Quality) Regulations 2004.

b)      agree that the proposed bylaw included in the “Statement of Proposal – Introduction of an Air Quality Bylaw 2015” (and as per Regulatory and Bylaws Committee resolutions) is the most appropriate form of the bylaw.

c)      agree that the proposed Air Quality Bylaw 2015 is not inconsistent with the New Zealand Bill of Rights Act 1990.

d)      agree that pursuant to sections 83 and 86 of the Local Government Act 2002, the statement of proposal and the proposed Air Quality Bylaw 2015 be adopted for public consultation.

e)      agree that the council commences the special consultative procedure pursuant to section 83 of the Local Government Act 2002 during November 2014.

f)       agree that the Manager of Policies and Bylaws be authorised to make any minor edits or amendments to the statement of proposal (including the proposed bylaw) to correct any identified errors or to reflect decisions made by the Governing Body prior to public notification of the bylaw.

 

Attachments

No.

Title

Page

aView

Statement of Proposal - Introduction of the Air Quality Bylaw 2015

13

bView

Proposed Air Quality Bylaw 2015

49

cView

Regulatory and Bylaws Committee Report

85

      

Signatories

Authors

Helgard Wagener - Team leader, Policies and Bylaws

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Stephen Town - Chief Executive

 


Governing Body

30 October 2014

 

 




































Governing Body

30 October 2014

 

 





































Governing Body

30 October 2014

 

 

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Governing Body

30 October 2014

 

 

Report from the Hearing Panel on Amendment of the Health and Hygiene Bylaw 2013

 

File No.: CP2014/24092

 

  

 

Purpose

1.       To amend the Auckland Council Health and Hygiene Bylaw 2013 as recommended by the hearings panel.

Executive summary

2.       On 31 July 2014, the governing body approved the proposed amendment of the Health and Hygiene Bylaw 2013 for public consultation. The amendment proposed to extend the existing exemption from the licensing requirements in that bylaw to include commercial ear-piercing services provided by pharmacists.

3.       A total of ten submissions were received. Three submitters made verbal submissions at the hearing on 10 October 2014. The hearing panel held its deliberations in public on 13 October 2014.

4.       The matters raised in the submissions considered by the hearing panel have been classified into two topic areas. For each of these topics this report briefly summarises comments made by the submitters, and provides the hearing panel’s deliberations and recommendations.

5.       As a result of the submissions the hearing panel is recommending changes to the wording of the proposed amendment to exempt those pharmacies licenced by the Ministry of Health from the Auckland Council Health and Hygiene Bylaw 2013.

6.       The proposed amendment of the bylaw, showing suggested changes is attached to this report as Attachment A.

 

Recommendations

That the Governing Body:

a)      receive and adopt the recommendations of the hearing panel on the proposed amendment of the Health and Hygiene Bylaw 2013

b)      amend the Health and Hygiene Bylaw 2013 contained in Attachment A pursuant to section 145 of the Local Government Act 2002 and section 64 of the Health Act 1956, with effect from 1 November 2014

c)      authorise the Manager Policies and Bylaws, in consultation with the chair of the Regulatory and Bylaws Committee, to make any minor edits or amendments to bylaw amendment to correct any identified errors or typographical edits or to reflect decisions made by the governing body.

 

 

Comments

 

7.       Auckland Council is empowered under the Health Act 1956 and Local Government Act 2002 to make bylaws to protect, promote and maintain public health and safety.

8.       The Health and Hygiene Bylaw 2013 was adopted to ensure that commercial ear-piercing services (amongst other services) are undertaken in hygienic premises by responsible operators to minimise the risk of transmitting diseases including Hepatitis B, Hepatitis C and HIV, and the risk of transferring fungal and bacterial infections.

9.       At its meeting on 31 July 2014, the governing body adopted the proposal to amend the Health and Hygiene Bylaw 2013 for public consultation (GB/2014/69). The amendment proposed to extend the existing exemption from the licensing requirements in that bylaw to include commercial ear-piercing services provided by pharmacists.

10.     The hearing panel was appointed to hear submissions, deliberate and make recommendations to the governing body on the proposed amendment to the Health and Hygiene Bylaw 2013 (RBC/2014/28 refers).

11.     The proposal was publicly notified with a submission period of 15 August to 15 September 2014. Public notification included public notices in the NZ Herald and on the council’s website. 

12.     A summary and a link to the full statement of proposal, including the proposed amendment to the bylaw, were sent directly to pharmacy industry representatives consulted during the development of the proposed amendment.

13.     All relevant documents, including the statement of proposal, summaries, frequently asked questions and freepost submission forms were made available on the council’s website and at libraries and service centres across Auckland.

Overview of Submissions

14.     Ten submissions had been received at the close of the submission period . Three submitters made verbal submissions at the hearing on 10 October 2014. The hearing panel held its deliberations in public on 13 October 2014.

15.     Nine submissions stated their support for the proposed amendment. One submission was considered out of scope.

16.     Five submissions agreed that commercial ear-piercing services provided by pharmacists do not need additional auditing or monitoring by Auckland Council as Medicines Control (Part of the Ministry of Health) already imposes licensing and standards on pharmacists that it monitors regularly.

17.     Five submissions made reference to disposable cartridge piercing systems that pharmacists use for commercial ear-piercing. This system provides a non-touch single-use cartridge, requiring no sterilisation prior to or after use.

18.     In order to prepare this report, the matters debated by the hearing panel have been classified into two topic areas. For each of these topics this report briefly summarises comments made by the submitters, and provides the hearing panel’s view and recommendations.

 

Deliberations Topic 1 – Terminology

Matters raised in submissions

19.     Four submissions provided comment in regards to the terminology used to determine who, or what is exempt from the Health and Hygiene Bylaw 2013. Submissions recommend amending the proposed wording from ‘undertaken by a pharmacist’ to ‘undertaken within a pharmacy licensed by the Ministry of Health’. 

Hearing Panel deliberations

20.     The panel support the suggested amendments to the proposed wording of the bylaw. In order to obtain and maintain a licence from the Ministry of Health, a pharmacy must be under the supervision of a registered pharmacist at all times. Consequently, any commercial ear-piercing services undertaken within a pharmacy is considered to be under the supervision of a registered pharmacist. The recommended amendment to the notified version of the bylaw is attached as Attachment A.

21.     The panel also agreed a definition of commercial ear-piercing should be inserted into the bylaw to further define and limit the exemption to only this activity undertaken in a pharmacy and no other forms of body piercing. The suggested addition is also shown in Attachment A.

Deliberations Topic 2 – Equipment

Matters raised in submissions

22.     Five submissions made reference to disposable cartridge piercing systems that pharmacists use for commercial ear-piercing. This system provides a non-touch single-use cartridge, requiring no sterilisation prior to or after use. 

Hearing Panel deliberations

23.     One submitter demonstrated the disposable cartridge system, displaying a pre-sterilised and disposable system for pharmacists to utilise for commercial ear-piercing services. The panel agreed that the equipment used to undertake this activity should not be intrinsically linked to the exemption pharmacists are being provided, as such equipment may alter as technology progresses. The exemption being provided to pharmacists is due to the existing safety standards and audits in place at pharmacies, rather than the equipment used.

Consideration

Local board views and implications

24.     Local board views were sought during the development of the Health and Hygiene Bylaw 2013. Commercial ear-piercing services provided by pharmacists were not raised as an issue.

Māori impact statement

25.     The Health and Hygiene Bylaw 2013 works to generate outcomes that are consistent with the Māori plan for Tāmaki Makaurau and the Auckland Plan's strategic direction enabling Māori aspirations through the recognition of Te Tiriti o Waitangi and customary rights. The priority of enabling Māori aspirations for thriving and self-sustaining marae will not be affected by this amendment.

26.     During consultation in 2013, Ta Moko experts did not raise commercial ear-piercing in pharmacies as a concern.

Implementation

27.     There are no significant implications for the proposed amendment of the Health and Hygiene Bylaw 2013. Operational practices will be amended to ensure Licencing and Compliance Services do not licence pharmacists inadvertently, though this impact is minimal.

 

Attachments

No.

Title

Page

aView

Proposed Amendment to Health and Hygiene Bylaw 2013

97

     

Signatories

Authors

Glenn Wilcox, Independent Maori Statutory Board Member, Chairperson of the Proposed Amendment to Health and Hygiene Bylaw 2013 Hearing Panel

Authorisers

Stephen Town - Chief Executive

 


Governing Body

30 October 2014

 

 















Governing Body

30 October 2014

 

 

Report from the Hearing Panel on the Proposed Alcohol Control Bylaw 2014

 

File No.: CP2014/24635

 

  

Purpose

1.       To make the Alcohol Control Bylaw 2014, delegate decisions on alcohol bans to local boards, and to revoke legacy alcohol control bylaws as recommended by the hearings panel.

Executive summary

2.       On 31 July 2014, the governing body approved, for public consultation, a proposal to replace the legacy alcohol control bylaws with a single bylaw and to delegate decisions on alcohol bans to local boards except in areas of regional significance.

3.       A total of 15 submissions were received during the special consultative procedure period. Feedback was also received from all local boards. Three submitters and seven local boards made verbal submissions at the hearing on 10 October 2014. The hearing panel held its deliberations in public on 13 October 2014. The matters raised in the submissions considered by the hearing panel have been classified into nine topic areas. For each of these topics this report briefly outlines the approach taken in the proposal, summarises comments made by the submitters, and provides the hearing panel’s view and recommendations.

4.       The hearing panel is recommending clause 6(2) be amended and require that the views of both Maori and property owners be obtained when making alcohol bans. The panel also recommends that a signage clause be included in the bylaw.

5.       The amended bylaw proposed with the proposed delegations, is attached to this report as Attachment A.

 

Recommendations

That the Governing Body:

a)      receive and adopt the recommendations of the hearing panel on the proposed Alcohol Control Bylaw 2014 contained in this report

b)      determine pursuant to section 155 of the Local Government Act 2002, that the Alcohol Control Bylaw 2014 contained in the report is the most appropriate way to address the issues relating to the possession and consumption of alcohol in public places in Auckland, is the most appropriate form of bylaw, and is not inconsistent with the New Zealand Bill of Rights Act 1990

c)      make the proposed Alcohol Control Bylaw 2014 pursuant to section 145 and section 147 of the Local Government Act 2002, with effect from 18 December  2014

d)      revoke the following legacy bylaws pursuant to section 63 of the Local Government (Auckland Transitional Provisions) Act 2010 on 31 October 2015:

i)        Auckland City Council Liquor Control in Public Places Bylaw 2004

ii)       Franklin District Council Liquor Control Bylaw 2008

iii)      Manukau City Council Liquor Control Bylaw 2010

iv)      North Shore City Council Liquor Control in Public Places Bylaw 2009

v)      Papakura District Council Liquor Control in Public Places Bylaw 2008

vi)      Rodney District Council Liquor Ban Bylaw 2009

vii)     Waitakere City Council Control of Liquor in Public Places Bylaw 2008

e)      confirm the delegations contained in Attachment A to local boards to make decisions on alcohol bans, except in areas of regional significance

f)       direct the Manager Policies and Bylaws to develop alcohol ban signage guidelines to be reported to the Regulatory and Bylaws Committee

g)      authorise the Manager Policies and Bylaws, in consultation with the chair of the Regulatory and Bylaws Committee, to make any minor edits or amendments to the bylaw or delegations to correct any identified errors or typographical edits or to reflect decisions made by the governing body.

 

Comments

6.       Auckland Council is empowered by section 147 of the Local Government Act 2002 to make bylaws to control the possession and consumption of alcohol in public places to reduce alcohol related harm.

7.       On 31 July 2014, the governing body approved a proposal on the review of alcohol control bylaws for public consultation. The proposal was to replace the seven legacy alcohol control bylaws with a single bylaw and to delegate decisions on alcohol bans to local boards except in areas of regional significance (GB/2014/70 refers).

8.       The hearing panel was appointed to hear submissions, deliberate and make recommendations to the governing body on the proposal (RBC/2014/21 refers).

9.       The proposal was publicly notified with a submission period of 15 August to 5 September 2014.  Public notification included public notices in the NZ Herald, in several suburban newspapers and on the council’s website.  A summary and a link to the full statement of proposal, including the proposed bylaw were sent directly to key stakeholders.

10.     All relevant documents, including the statement of proposal, summaries, frequently asked questions and freepost submission forms were made available on the council’s website and at libraries and service centres across Auckland.

11.     A total of 15 public submissions were received at the close of the submission period. Feedback was also received from all local boards. Three submitters and 10 local boards made verbal submissions during the one day hearing held on 10 October 2014. The hearing panel held its deliberations in public on 13 October 2014.

12.     Of the submissions received during the special consultative procedure, two submissions stated their full support for the entire proposal. Many of the other submissions commented that they agree with the importance of a bylaw and suggested possible amendments. Local boards also support the development of a bylaw and the proposed delegation.

13.     The matters raised in submissions were classified into nine topic areas. For each of these topics this report briefly outlines the approach taken in the proposal, summarises comments made by the submitters, and provides the hearing panel’s view and recommendations.

Deliberations Topic 1 – Ability to make an alcohol control bylaw

Matters raised in submissions

14.     Four submissions received during the special consultative procedure supported the regulation of alcohol in public places through a bylaw. Three submissions also supported non-regulatory initiatives as complimentary measures to regulating alcohol in public places through a bylaw.

15.     One submitter opposed the council developing a bylaw.

 

 

 

Hearing Panel deliberations

16.     The panel recommends the approval of the proposed alcohol control bylaw to regulate the consumption and possession of alcohol in public places. This is consistent with the council’s strategic approach to reducing alcohol-related harm and is an effective policing tool to protect public safety.

 

Deliberations Topic 2 – Purpose

Matters raised in submissions

17.     Two submissions were received on this topic. There was support and opposition on the purpose of the bylaw, the opposition was on the limitation of people’s freedoms.

Hearing Panel deliberations

18.     The purpose of the bylaw is consistent with section 147 Local Government Act 2002 and supports the council’s strategic approach of reducing alcohol-related harm as contained in the Auckland Council Alcohol Harm Reduction Strategy. The panel recommend the purpose of the bylaw be adopted as publically notified.

 

Deliberations Topic 3 – Interpretation

Matters raised in submissions

19.     Two submissions received sought clarification on the definitions within the interpretations section. One sought clarification on the application of the bylaw when special licences are granted under the Sale and Supply of Alcohol Act 2012. The submission suggested an amendment to the definition of public place in the bylaw for ease of understanding whilst the second sought greater clarification on the definition for publically accessible areas.

20.     One submission received opposed the definition of alcohol.

Hearing Panel deliberations

21.     The panel recommends that all definitions be adopted as publically notified as the definitions are considered appropriate.

 

Deliberations Topic 4 – Alcohol bans

Matters raised in submissions

22.     One submission supported the proposed clause 6(1) where the bylaw does not apply to unopened containers bought at licensed premises for consumption off those premises and one submitter opposed the restriction in vehicles.

Hearing Panel deliberations

23.     The panel recommends clause 6(1) of the bylaw is adopted as publicly notified and note that there are exceptions to this clause as detailed in the Local Government Act 2002.

 

Deliberations Topic 5 – Making of alcohol bans

Matters raised in submissions

24.     Submissions received were generally supportive of the defined criteria for making alcohol bans.  Three submissions commented on the proactive investigation of the community-focused solutions and non-regulatory approaches to compliment alcohol bans (in the first instance) where appropriate.

25.     Two submission made comment that when making or amending alcohol bans the provisions of the Local Alcohol Policy should be considered.

26.     The proposed times that alcohol bans can be made was supported by one submitter, with another noting that deviations from these times should only for temporary situations.

27.     Local boards were supportive of the proposed criteria, including the discretion to use a different type of alcohol ban to those provided in clause 7(2)(f) of the proposed bylaw.

Hearing Panel deliberations

28.     The panel recommends amendments to clause 7 of the bylaw which include:

·        clause 7(2)(c) of the bylaw being more explicitly defined as per section 147B of the Local Government Act 2002;

·        inclusion of the term “documented” into clause 7(2)(c)(i) of the amended bylaw, and

·        additional clauses which require the views of Māori and the views of premise owners or occupiers be sought when making alcohol bans.

29.     The panel does not consider it necessary to include reference to the Local Alcohol Policy because the policy focuses on the number, location and hours of licensed premises whereas the bylaw focuses on alcohol related crime or disorder in public places.

 

Deliberations Topic 6 – Enforcement, offences, penalties

Matters raised in submissions

30.     Three submissions provided comment on enforcement, offences and penalties. The submissions generally did not support the enforcement and penalties clauses in the bylaw. Two submissions supported public health strategies over enforcement whilst another suggested alternatives to the financial penalties.

Hearing Panel deliberations

31.     The panel acknowledges the matters raised in submissions on this topic. The panel notes that non-regulatory initiatives are included in the decision-making criteria, and that Part 3 contains matters from the Local Government Act 2002, and included in the bylaw for completeness. For these reasons, the panel recommends that Part 3 of the bylaw be adopted as publicly notified.

 

Deliberations Topic 7 – Delegations

Matters raised in submissions

32.     Nine submissions provided comments on the proposed delegation for local boards to make alcohol bans in local areas. Eight submissions were supportive of the proposed delegation.

33.     One submission asked for further clarification of the local boards and the Regulatory and Bylaws Committee roles in making, amending and revoking temporary and permanent alcohol bans. There was a further request that the framework clarifies the role of local boards in making, amending and revoking alcohol bylaws.

34.     One submission did not support the temporary lifting of an alcohol ban for events where BYO alcohol is permitted and suggested that the lifting of alcohol bans should be managed at a regional level.

35.     Local boards were also supportive of the proposed delegation.

Hearing Panel deliberations

36.     The panel recommend that the delegations be adopted with minor editorial amendments to Section 3 (Delegations for matters contained in bylaw) to clarify the local boards and governing body (or its committee) roles in making, amending and revoking permanent and temporary alcohol bans which supports the shared decision-making responsibilities of the governing body and local boards as defined in the Local Government (Auckland Council) Act 2009.

 

Deliberations Topic 8 – Signage

Matters raised in submissions

37.     Three submissions made comments on signage.

Hearing Panel deliberations

38.     The panel recommend that an additional clause be included in the bylaw to support the implementation and increase the public’s awareness of alcohol bans.

39.     The panel recommend that council (through the Regulatory and Bylaws Committee) develop signage guidelines to ensure some measure of regional consistency and transparency.

Consideration

Local board views and implications

40.     A report outlining the content of the proposed bylaw was presented at a meeting of every local board throughout September 2014. Formal feedback on the proposed bylaw has been obtained from all local boards who were supportive of developing a bylaw and the proposed delegations. Seven boards spoke at the hearing meeting in support of the proposed bylaw and the proposed delegation.

Māori impact statement

41.     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 Māori Statutory Board (IMSB) and Hapai Te Hauora Tapui to deliver a program for engaging with Māori on alcohol issues.

42.     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.

Implementation

43.     There are no significant implications for the proposed bylaw as all legacy councils provided for the regulation of alcohol in public places by way of a bylaw. Local boards will be required to review exiting alcohol bans using the bylaw framework and structure.

44.     The implementation cost of the bylaw (and the subsequent local board alcohol review process) will be coordinated through the Integrated Bylaw Review and Implementation programme.

 

Attachments

No.

Title

Page

aView

Proposed Alcohol Control Bylaw 2014

117

     

Signatories

Authors

Cr Calum Penrose – Chairperson Regulatory & Bylaws Committee, Chairperson Proposed Alcohol Control Bylaw 2014 Hearing Panel

Authorisers

Stephen Town - Chief Executive

 


Governing Body

30 October 2014

 

 













Governing Body

30 October 2014

 

 

Local board decisions on local dog access rules

 

File No.: CP2014/22740

 

  

 

Purpose

1.       The purpose of the report is to request the governing body give effect to local board decisions on changes to local dog access rules.

Executive summary

2.       From 1 July 2013, local boards have the delegated authority to make changes to local dog access rules in the Auckland Council Policy on Dogs 2012. The Orākei Local Board have made changes to local dog access rules in the Auckland Council Policy on Dogs 2012 (decision report in Attachment A).

3.       To implement local board decisions the governing body must update the Auckland Council Dog Management Bylaw 2012 and approve the Orakei Local Board decision to use alternative summer beach times or seasons to those contained in the Auckland Council Policy on Dogs 2012 (7.00pm and 9.00pm instead of 5.00pm).

4.       The necessary updates to the Auckland Council Dog Management Bylaw 2012 to give effect to those changes are contained in a table attached to each decision report.

 

 

Recommendations

That the Governing Body:

a)      receive the local board decisions on changes to local dog access rules in the Orākei local board area (Attachments A).

b)      make the necessary amendments to the Auckland Council Policy on Dogs 2012 pursuant to section 10 of the Dog Control Act 1996 in relation to the summer beach end time on specified beaches in Orākei Local Board area as contained in Attachments A with a commencement date of 25 October 2014 (the Saturday of Labour Weekend).

c)      make the necessary amendments to the Auckland Council Dog Management Bylaw 2012 in accordance with section 20 of the Dog Control Act 1996 as contained in Attachments A with a commencement date of 25 October 2014 (the Saturday of Labour Weekend).

d)      authorises the Manager Policies and Bylaws in consultation with His Worship the Mayor and the relevant chair of the local board hearing panel to make any minor edits or amendments to Attachment A in (b) and (c) to correct any identified errors or typographical edits.

 

Comments

 

5.       From 1 July 2013, local boards for the first time have been delegated sole responsibility to change local dog access rules in the Auckland Council Policy on Dogs 2012. This does not include areas subject to region-wide rules (e.g. playgrounds), areas of regional significance or areas administered by the Department of Conservation.

 

 

 

 

6.       To implement local board decisions the governing body must:

·        update the Auckland Council Dog Management Bylaw 2012.

This is a procedural step that cannot be delegated to local boards. The governing body under section 10 of the Dog Control Act 1996 must update the dog bylaw within 60 days of a local board change to the policy on dogs. The governing body cannot change the local board decision.

·        approve local board decisions that use alternative summer beach times or seasons to those contained in the Auckland Council Policy on Dogs 2012 (10.00am and 5.00pm, Labour weekend to 1 March).

7.       Alternative summer beach times and seasons may be adopted by local boards to better meet the council’s overriding statutory requirement to provide for public safety and comfort, and to achieve the overall objective and policy statements of the Auckland Council Policy on Dogs 2012 to keep dogs as a positive part of Auckland life and to provide dog access in a way that is safe for everyone.

8.       In these instances, the governing body in adopting the policy on dogs “recognised that regional consistency and local needs need to be carefully balanced depending on the unique circumstances for each area” (governing body resolution on 22 November 2012) which recognises that the desire for consistency is secondary to the overriding statutory requirement of council and overall objective and policy statements of the Auckland Council Policy on Dogs 2012.

9.       The Orākei local board decision uses an alternative summer beach end time of 7.00pm and 9.00pm instead of 5.00pm.

10.     It is noted that the decision of the Orākei Local Board provides overall more dog access for dogs on beaches in the Orākei Local Board area by reducing the length of summer to 31 March instead of Easter and allowing dogs under control on a leash in summer up to 10.00am instead of 9.00am. Governing body approval for these local board decisions is not required.

11.     The Orākei local board has made changes to local dog access rules in the Auckland Council Policy on Dogs 2012 as follows (decision report in Attachment A):

·        reviewed coastal dog access rules from Hobson Bay to Roberta Reserve, and on Waiatarua Reserve.

·        clarified dog access rules on dog exercise, picnic and fitness apparatus areas.

12.     The necessary updates to the Auckland Council Dog Management Bylaw 2012 to give effect to those changes are contained in a table attached to each decision report.

Consideration

Local board views and implications

13.     The opportunity for local boards to express their views was part of the local board decision-making process.

Māori impact statement

14.     The opportunity for Māori to express their views was part of the local board decision-making process.

Implementation

15.     Any decision that makes changes to dog access rules will require updates to signage, collateral information and require training of animal management officers and park rangers.

16.     The administration and implementation of the changes to dog access rules will be provided for within existing local board budget in relation to signage and for all other matters be managed by operational units. On-going maintenance of signs, information and training are managed by operational units.

 

Attachments

No.

Title

Page

aView

Orakei local board decisions on local dog access rules

133

      

Signatories

Authors

Paul Wilson - Principal Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Stephen Town - Chief Executive

 


Governing Body

30 October 2014

 

 

















     

 


Governing Body

30 October 2014

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

That the Governing Body:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       Recommendation for Appointments to the Disability Advisory Panel

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains the names of people recommended for the Disability Advisory Panel. This information should not be made public until the Governing Body has adopted the recommendations and the successful applicants confirmed their acceptance of the appointment.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.