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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 11 April 2019

9.30am

Room 1, Level 26
135 Albert St
Auckland

 

Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Deputy Mayor Cr Bill Cashmore

 

Members

Cr Josephine Bartley

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Richard Hills

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

IMSB Member Glenn Wilcox

 

 

Cr Paul Young

 

 

 

 

Ex-officio

Mayor Hon Phil Goff, CNZM, JP

 

 

 

(Quorum 5 members)

 

 

Suad Allie

Governance Advisor

 

5 April 2019

 

Contact Telephone: (09) 977 6953

Email: suad.allie@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

Responsibilities

 

The committee is responsible for regulatory hearings (required by relevant legislation) on behalf of the council.   The committee is responsible for appointing independent commissioners to carry out the council’s functions or delegating the appointment power (as set out in the committee’s policy).  The committee is responsible for regulatory policy and bylaws.  Where the committee’s powers are recommendatory, the committee or the appointee will provide recommendations to the relevant decision-maker.

 

 

The committee’s key responsibilities include:

 

·         decision-making (including through a hearings process) under the Resource Management Act 1991 and related legislation

·         hearing and determining objections under the Dog Control Act 1996

·         decision-making under the Sale and Supply of Alcohol Act 2012

·         hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002 (this cannot be sub-delegated)

·         hearing and determining matters arising under bylaws

·         receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Regulatory Committee

·         receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing

·         monitoring the performance of regulatory decision-making

·         where decisions are appealed or where the committee decides that the council itself should appeal a decision, directing the conduct of any such appeals

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

·         regulatory fees and charges

·         recommend bylaws to Governing Body for consultation and adoption

·         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, including performing the delegations made by the Governing Body to the former Regulatory and Bylaws Committee, under resolution GB/2012/157 in relation to dogs and GB/2014/121 in relation to alcohol.

·         engage with local boards on bylaw development and review

·         adopting or amending a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

 

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision-making” is used to encompass a range of decision-making processes including through a hearing.  “Decision-making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision-making.

In adopting a policy or policies and making any sub-delegations, the committee must ensure that it retains oversight of decision-making under the Resource Management Act 1991 and that it provides for councillors to be involved in decision-making in appropriate circumstances.

 

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the chief executive’s Delegations Register) to hearings commissioners and staff relating to decision-making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Regulatory Committee.

Relevant legislation includes but is not limited to:

 

All Bylaws

Biosecurity Act 1993
Building Act 2004
Dog Control Act 1996
Fencing of Swimming Pools Act 1987
Gambling Act 2003;Land Transport Act 1998

Health Act 1956
Local Government Act 1974
Local Government Act 2002
Local Government (Auckland Council Act) 2009
Resource Management Act 1991
Sale and Supply of Alcohol Act 2012
Waste Minimisation Act 2008

Maritime Transport Act 1994
Related Regulations

Powers

(i)         All powers necessary to perform the committee’s responsibilities.

 

Except:

 

(a)        powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)        where the committee’s responsibility is limited to making a recommendation only.

 

(ii)        Power to establish subcommittees.

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·         Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·         Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·         Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·         In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·         The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·         However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·         All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·         Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·         Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·         All staff supporting the meeting (administrative, senior management) remain.

·         Other staff who need to because of their role may remain.

 

Local Board members

 

·         Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·         Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 

 


Regulatory Committee

11 April 2019

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Apologies                                                                                                                        9

2          Declaration of Interest                                                                                                   9

3          Confirmation of Minutes                                                                                               9

4          Petitions                                                                                                                          9  

5          Public Input                                                                                                                    9

6          Local Board Input                                                                                                          9

7          Extraordinary Business                                                                                              10

8          Findings of Alcohol Control Bylaw 2014 Review                                                     11

9          Findings of Cemeteries and Crematoria Bylaw 2014 Review                                 47

10        Waste Bylaw Statement of Proposal                                                                       135

11        Update on the development of an alcohol fees bylaw 2019                                 405

12        Regulatory Committee Summary of Information Items - 11 April 2019               417  

13        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 Committee:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 14 March 2019, 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 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day 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 6.2 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 one (1) day’s 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 6.1 to speak to matters on the agenda.

 

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

 


 

 

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.”

 


Regulatory Committee

11 April 2019

 

Findings of Alcohol Control Bylaw 2014 Review

File No.: CP2019/00002

 

  

Te take mō te pūrongo

Purpose of the report

1.    To endorse the findings to complete the statutory review of the Alcohol Control Bylaw 2014 and request a report on options to respond to the findings.

Whakarāpopototanga matua

Executive summary

2.    To enable the Regulatory Committee to complete the statutory review of the Auckland Council Alcohol Control Bylaw 2014 (Bylaw), staff have prepared a findings report (Attachment A). Key findings from the review report are:

·   there is still demand for council to make alcohol bans in public places to address safety and alcohol-related harms

·   stakeholders find alcohol bans effective as a preventative tool

·   a bylaw is still the most appropriate way to reduce crime or disorder in certain public places caused or made worse by alcohol consumed there

·   the current Bylaw could be improved by clarifying decision-making criteria and proposing recurring temporary alcohol bans.

3.    Staff recommend that the committee endorse the findings report and request an options report. Taking this approach will complete the statutory review and allow for further consideration of options to respond to the findings.

4.    There is a low risk that stakeholders or the public may express concern about suggested improvements or engagement to date. This risk is mitigated by future public consultation processes.

5.    Staff propose to report on options in May 2019. If required, a statement of proposal and public consultation procedure will commence in early 2020.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)       endorse the findings (Attachment A of this report) to complete the statutory review of the Alcohol Control Bylaw 2014, including that:

i)        a bylaw about the consumption or possession of alcohol in public places is still the most appropriate way to address crime or disorder in certain public places caused or made worse by alcohol consumed there.

ii)       the current bylaw does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990.

iii)      the current bylaw structure and wording could be improved.

b)         request an options report in response to the findings in clause a) as outlined above.

 

Horopaki

Context

The Alcohol Control Bylaw enables Council to make alcohol bans in certain places

6.    The Te Ture a Rohe Whakararata Waipiro 2014, Auckland Council Alcohol Control Bylaw 2014 (Bylaw) was adopted by the Governing Body on 30 October 2014 (GB/2014/121).

7.    The Bylaw seeks to reduce alcohol-related harm in public places from the possession or consumption of alcohol in those same public places (Figure 1) by:

·   providing a framework that enables alcohol bans to be made by resolution of delegated authorities that are then enforced by the New Zealand Police

·   sets out decision-making criteria, some of which are legislative

·   identifies exceptions

·   enables signage requirements to be made by resolution.

8.    Alcohol bans made by resolution are recorded in a register, can be viewed on council’s website and are attached to the Bylaw as information only.

Figure 1: Alcohol Control Bylaw 2014 framework

9.    The Bylaw is aligned with strategic directions in the Auckland Plan 2050 including ‘Belonging and Participation’ - Focus Area 1 to “create safe opportunities for people to meet, connect, participate in and enjoy community and civic life”. 

 

 

 

The Local Government Act 2002 requires bylaws to be reviewed to ensure they are still necessary and appropriate

10.     Auckland Council must complete a statutory review of the Bylaw by 30 October 2019.[1] To complete the statutory review council must determine whether a bylaw is still appropriate, well drafted and meets the requirements of the New Zealand Bill of Rights Act 1990.[2]

11.     Following the statutory review, the council can propose the Bylaw be confirmed, amended, revoked or replaced using the special public consultation procedure.[3]

Staff prepared a findings report to complete the review of the Alcohol Control Bylaw

12.     Between July and August 2018 staff engaged with a range of key stakeholders and carried out research to assist the committee to complete the statutory review of the Bylaw.

13.     The findings from this engagement and research are contained in the Alcohol Control Bylaw 2014: 2018 Review Findings Report (Attachment A). Research and engagement methodology included:

·   face-to-face interviews, feedback forms and workshops with council staff, New Zealand Police, health experts, non-governmental organisations, alcohol ban requesters

·   cluster workshops with local boards

·   feedback from Māori public health advocates and Te Puni Kōkiri

·   research on public drinking nationally and internationally and review of other alcohol control bylaws in New Zealand.

14.     There were limitations to engagement and research, for example:

·   engagement was limited to people negatively affected by others who drink in public places and to people who process, decide, implement and enforce alcohol bans

·   people who breach alcohol bans or drink heavily in public were not engaged

·   data on effectiveness of alcohol bans is limited because information is either not recorded or not distinguishable from other alcohol-related data, such as hospitalisations.

Tātaritanga me ngā tohutohu

Analysis and advice

15.     The findings report identifies the following key findings.

There are ongoing issues with the possession and consumption of alcohol in public places

16.     While there is no reliable data available about public drinking in New Zealand, ongoing demand for alcohol bans and stakeholder narratives indicate that crime and disorder still occur in certain public places associated with frequent, heavy drinking. The problem may also increase as Auckland’s population and urban density increases.[4]

The Bylaw is useful but its effectiveness has limitations

17.     The Bylaw enables the use of alcohol bans as a preventative tool that can reduce crime or disorder and increase perceptions of safety, however:

·   alcohol bans are not a complete solution on their own

·   effectiveness varies depending on how an alcohol ban is enforced, whether alcohol is the primary reason for people going to a location, and how strongly incidents of crime or disorder are linked to drinking[5]

·   protection from crime or disorder around large-scale events could be improved if recurring temporary alcohol bans at certain venues were made in the Bylaw.

A bylaw is still the most appropriate way to manage possession or consumption of alcohol in public

18.     A bylaw is still the most appropriate way to manage the possession or consumption of alcohol in public places. There are no feasible alternatives to a bylaw. Other regulatory and non-regulatory methods (for example playing unappealing music) may be impractical or ineffective. They can, however, be complementary to an alcohol ban in appropriate circumstances.

The current Bylaw framework approach is appropriate but could be improved

19.     The current Bylaw provides an appropriate framework to facilitate the making of alcohol bans, especially delegated decision-making by resolution. The Bylaw could however be improved by:

·   clarifying, adding, removing, or amending decision-making criteria

·   proposing some recurring temporary alcohol ban locations in the Bylaw

·   providing the ability for council to make special exemptions

·   drafting the Bylaw to be easier to understand.

The Bylaw does not give rise to any New Zealand Bill of Rights Act 1990 implications

20.     The Bylaw could potentially limit rights to freedom of expression, freedom of peaceful assembly, freedom of movement, to be secure against unreasonable search and seizure and not to be arbitrarily arrested. These limitations are justified because council’s ability to make alcohol bans is limited by legislative criteria, and alcohol bans help prevent harm to the public.

Staff recommend the committee endorse the findings and request an options report

21.     The findings report establishes that there are ongoing issues with the possession or consumption of alcohol on public places, that the current Bylaw is still necessary, appropriate and useful to address those issues, but could be improved.

22.     Staff recommend the committee endorse the findings report and request an options report. This approach will complete the statutory review and allow for further consideration of options to respond to the findings.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

23.     The Bylaw impacts the operation of council units involved in events, processing alcohol bans requests and alcohol ban signage. Input was sought through face to face meetings and a workshop. Council units suggest improvements to the Bylaw such as inclusion of event venue alcohol bans and changes to signage requirements.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

24.     The review is important to local boards because they currently have authority to make local alcohol bans. The main view of local board members was to retain local board decision-making authority.

Tauākī whakaaweawe Māori

Māori impact statement

25.     The Bylaw has significance for Māori as users and kaitiaki / guardians of public space. Māori are also over-represented in alcohol-related hospital visits, the criminal justice system and as victims of crime. Police estimate that approximately one third of all criminal offending is alcohol-related.[6]

26.     Input was sought from Māori health advocacy organisations, Te Puni Kōkiri and the Tūpuna Maunga o Tāmaki Makaurau Authority (Maunga Authority), who support the use of alcohol bans as a tool to reduce alcohol-related harm.

27.     Hāpai te Hauora and the Maunga Authority asked Council to consider making alcohol bans for wāhi tapu (sacred places) such as tūpuna maunga (ancestral mountains) for their spiritual and cultural significance. Council, however, can only make a bylaw in response to high levels of crime or disorder caused or made worse by alcohol consumed in those areas.

28.     Mana whenua declined to participate at this stage of the bylaw review process after considering the Bylaw scope and their workload.

Ngā ritenga ā-pūtea

Financial implications

29.     The cost of the bylaw review and implementation will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30.     There is a low risk that stakeholders or the general public may express concern about suggested improvements or engagement to date. This risk is mitigated by future public consultation processes.

Ngā koringa ā-muri

Next steps

31.     If approved, staff will prepare an options report for the May 2019 meeting. If required, a statement of proposal and public consultation procedure will commence in early 2020.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Alcohol Control Bylaw Review Findings Report 2018

17

      

Ngā kaihaina

Signatories

Author

Bonnie Apps - Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

James Hassall - Director Regulatory Services (Acting)

 


Regulatory Committee

11 April 2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory Committee

11 April 2019

 

Findings of Cemeteries and Crematoria Bylaw 2014 Review

File No.: CP2019/04058

 

  

Te take mō te pūrongo

Purpose of the report

1.       To endorse the findings to complete the statutory review of the Cemeteries and Crematoria Bylaw 2014 and request a report on options that responds to the findings.

Whakarāpopototanga matua

Executive summary

2.       To enable the Regulatory Committee to complete the statutory review of the Auckland Council Cemeteries and Crematoria Bylaw 2014 (Bylaw), staff have prepared a findings report (Attachment A). Key findings from the review report are:

·    council has a statutory responsibility to establish and maintain cemeteries

·    council owned and operated cemeteries and crematoria have ongoing issues, including public safety issues, antisocial behaviour and difficulties for ground maintenance and heritage preservation

·    a bylaw is still the most appropriate way to address these problems but its effectiveness has been varied

·    the Cemeteries and Crematoria Code of Practice could be amended to reflect actual practice.

3.       Staff recommend that the Committee endorse the findings report and request an options report. Taking this approach will complete the statutory review and allow for further consideration of options to respond to the findings.

4.       There is a low risk that stakeholders or the public may express concern about suggested improvements or engagement to date. This risk is mitigated by future public consultation processes.

5.       Staff propose to report on options in May 2019. If required, a statement of proposal and public consultation procedure will commence in early 2020.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      endorse the findings (Attachment A of this report) to complete the statutory review of the Cemeteries and Crematoria Bylaw 2014, including that:

i)        a bylaw about council cemeteries and crematoria is still the most appropriate way to manage activities that may cause public safety hazards, damage to property, and unnecessary distress to mourners or relatives.

ii)       the current bylaw does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990.

iii)      the current bylaw framework approach to enable detailed rules to be made in a separate code is appropriate but could be improved to reflect current best practice drafting standards.

iv)      the Cemeteries and Crematoria Code of Practice 2014 requires updating.

b)      request an options report in response to the findings in clause a) above.

Horopaki

Context

The Cemeteries and Crematoria Bylaw enables council to manage activities at council cemeteries and crematoria

6.       The Te Ture ā-Rohe mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku 2014, Auckland Council Cemeteries and Crematoria Bylaw 2014 (Bylaw) was adopted by the Governing Body on 31 July 2014 (GB/2014/67).

7.       The Bylaw seeks to manage activities at 55 council cemeteries and three crematoria by providing a framework (Figure 1) that enables detailed rules to be made in a separate code. The Arataki Tikanga mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku 2014, Cemeteries and Crematoria Code of Practice 2014 (Code) contains detailed rules on:

·    burial – purchase of exclusive rights of burial, burial notification and process

·    Wāhi Tapu Māori Areas – rules for urupā within council cemeteries

·    cremation – cremation notification and process, ash burials

·    disinterment – authorisation requirements

·    monuments – permit process, specifications for memorials, removal of monuments

·    adornments – location and time frames

·    ground maintenance – planting, interference with maintenance

·    record keeping – burial records.

8.       The Bylaw is aligned with strategic directions in the Auckland Plan 2050 including providing accessible services and social infrastructure that are responsive in meeting people's evolving needs.

Figure 1: Cemeteries and Crematoria Bylaw 2014 framework

 

The Local Government Act 2002 requires bylaws to be reviewed to ensure they are still necessary and appropriate

9.       Auckland Council must complete a statutory review of the Bylaw by 31 July 2019.[7] To complete the statutory review the council must determine whether a bylaw is still appropriate, well drafted and meets the requirements of the New Zealand Bill of Rights Act 1990.[8]

10.     Following the statutory review, the council can propose the Bylaw be confirmed, amended, revoked or replaced using a public consultative process.[9]

Staff prepared a findings report to complete the review of the Bylaw

11.     Between August 2018 and March 2019 staff engaged with a range of stakeholders and carried out research to assist the committee to complete the statutory review of the Bylaw.

12.     The findings from this engagement and research are contained in the “Cemeteries and Crematoria Bylaw 2014: Review Findings Report 2019” (Attachment A). Research and engagement methodology included:

·     face-to-face interviews and interactive workshops with council staff, industry members (funeral directors, monumental masons), governmental and non-governmental organisations, and religious groups

·     individual workshops with five local boards

·     meeting with the Seniors Advisory Panel, Ethnic Peoples Advisory Panel and Pacific Peoples Advisory Panel

·     hui with mana whenua and mataawaka representatives

·     research on domestic and international approaches to regulation

·     data from council, Department of Internal Affairs and Statistics New Zealand.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     The findings report identifies the following key findings.

There are ongoing issues with activities at council cemeteries and crematoria

14.     Complaints and stakeholder feedback show that there are ongoing issues at cemeteries and crematoria, including:

·    ground maintenance and heritage preservation difficulties

·    anti-social behavior

·    unsecured adornments

·    public safety issues from unqualified monumental masons improperly installing monuments.

The Bylaw is useful but its effectiveness has varied

15.     The Bylaw and Code are useful to help manage activities at cemeteries and crematoria. There has, however, been inconsistent enforcement of Code requirements, particularly the requirement to remove adornments from burial plots. Staff can find it difficult to take compliance action given family sensitivities.

16.     Individual cemeteries have different monument specifications than listed in the Code due to historic cemetery development which is not reflected in the current rules.

A bylaw is still the most appropriate way to manage cemeteries and crematoria

17.     There is a strong consensus among stakeholders that a bylaw is the most appropriate way to manage activities that may cause public safety hazards, damage to property and unnecessary distress to mourners or relatives.

18.     A bylaw is currently council’s only regulatory method to manage activities at cemeteries and crematoria. A bylaw enables council to proactively regulate activities and provides certainty and guidance for the public and industry members about council requirements.

The current Bylaw framework approach is appropriate but the Code could be improved

19.     The current Bylaw provides a simple framework to facilitate the development of the Code which is appropriate but could be improved to reflect current best practice drafting.

20.     Stakeholders consider the Code could be improved, by including:

·    accurate monument specifications

·    clearer adornment rules

·    specific rules for heritage areas in cemeteries

·    clarification of the role of Wāhi Tapu Māori Komiti.

The Bylaw does not give rise to any New Zealand Bill of Rights Act 1990 implications

21.     The Bylaw could potentially limit the freedom of expression and manifestation of religious belief. However, these limitations are minor and accommodate cultural and religious requirements. These limits are justified because they are proportionate to the broader purpose of the Bylaw which is to ensure that cemeteries and crematoria are well managed and protect the safety and wellbeing of the public who visit these facilities.

Staff recommend the committee endorse the findings and request an options report

22.     The findings report establishes that there are ongoing issues with activities at cemeteries and crematoria and that the current Bylaw is still necessary, appropriate and useful to address those issues.

23.     Staff recommend the committee endorse the findings report and request an options report. This approach will complete the statutory review and allow for further consideration of options to respond to the findings.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24.     The Bylaw impacts the operation of council units involved in cemeteries, crematoria and heritage. Input was sought through face-to-face meetings and a workshop. Council units recommended inclusion of rules for heritage areas in cemeteries and changes to adornment rules in the Code.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

25.     The review is important to local boards that have operational cemeteries in their local board area, particularly the Aotea Great Barrier Local Board which has delegated authority over operational cemeteries. Staff attended individual workshops with five local boards who expressed specific interest in the Bylaw. Members raised issues regarding adornments, maintenance, anti-social behaviour in cemeteries.

Tauākī whakaaweawe Māori

Māori impact statement

26.     The Bylaw has particular significance for Māori as urupā are wāhi tapu. Staff sought input from mana whenua at the Parks Kaitiaki Forum and individual hui. A workshop was held with the Waikumete Urupā Komiti who have delegated authority at Waikumete Cemetery.

27.     Māori community-based consultants sought feedback from mataawaka kaumatua and kuia at a community event.

28.     Māori raised concerns about the need for more land for mana whenua and council urupā, adornments and ash scattering, particularly in waterways. The Waikumete Urupā Komiti would like clarification of their role under the Bylaw and Code.

Ngā ritenga ā-pūtea

Financial implications

29.     The cost of the Bylaw review and implementation will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30.     There is a low risk that stakeholders or the public may express concern about suggested improvements or engagement to date. This risk is mitigated by future public consultation processes.

Ngā koringa ā-muri

Next steps

31.     If approved, staff will prepare an options report for the May 2019 meeting. If required, a statement of proposal and public consultation procedure will commence in early 2020.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Cemeteries and Crematoria Bylaw 2014 Review: Findings Report 2019

53

     

Ngā kaihaina

Signatories

Author

Julia Harker - Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

James Hassall - Director Regulatory Services (Acting)

 


Regulatory Committee

11 April 2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory Committee

11 April 2019

 

Waste Bylaw Statement of Proposal

File No.: CP2019/04386

 

  

Te take mō te pūrongo

Purpose of the report

1.       To recommend the Governing Body adopt the waste bylaw statement of proposal for public consultation and appoint a panel.

Whakarāpopototanga matua

Executive summary

2.       To enable the Regulatory Committee to implement its decision to make a new waste bylaw (REG/2019/12), staff have prepared a statement of proposal (proposal) in Attachment A.

3.       The proposal aims to manage and minimise waste, protect the public from health and safety risks and nuisance, and to manage the use of council-controlled public places. This includes:

·   requiring people to deposit and dispose of waste appropriately

·   requiring waste collectors and operators of waste management facilities, resource recovery facilities and donation collection bins (exemptions apply) to obtain an approval (a licence) from council

·   aligning the definition of cleanfill with the Auckland Unitary Plan which may require some previously exempt waste management facilities to obtain an approval (licence)

·   clarifying that a waste management and minimisation plan is required for all trading, event or filming activities in a council-controlled public place

·   clarifying that a waste management and minimisation plan is required for any existing (exceptions apply) or planned multi-unit development

·   clarifying the rules to minimise the potential for shopping trolleys and unaddressed mail to become waste. Businesses party to the existing shopping trolley industry accord will remain exempt, subject to the renewal of the accord.

4.       Staff recommend the committee makes the necessary determinations to enable the Governing Body to adopt the proposal for public consultation and appoint a panel. Taking this approach will commence the statutory process to make a new bylaw.

5.       There may be public concern about the proposed changes, council’s dual role as regulator and service provider or engagement to date. These risks will be mitigated by the opportunity to give feedback on the proposal and for the panel to consider and respond.

6.       If the committee and Governing Body approve the recommendations, public consultation on the proposal is scheduled from 10 May to 16 June 2019. A panel will consider any feedback, deliberate and make recommendations to the Governing Body. A final decision on any new bylaw and bylaw amendments will be made on 22 August 2019.

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      note that this committee completed the review of the Solid Waste Bylaw 2012 in March 2019 and:

i)        determined a bylaw is still the most appropriate way to address some waste issues, but not others

ii)       gave directions to prepare a new bylaw about waste.

b)      recommend the Governing Body adopt the statement of proposal in Attachment A of the agenda report for public consultation, and confirm that the proposed new Waste Management and Minimisation Bylaw 2019 and amendments to the Trading and Events in Public Places Bylaw 2015:

i)        are the most appropriate form of bylaw

ii)       do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990

iii)       are not inconsistent with the Waste Plan.

c)      appoint a chair and two panel members selected from the Governing Body and the Independent Māori Statutory Board to attend ‘Have Your Say’ events, to deliberate and make recommendations to the Governing Body on public feedback to the statement of proposal in Attachment A of the agenda report.

d)      delegate authority to the Regulatory Committee chairperson to make replacement appointments to the panel if a member of the panel is unavailable.

e)      delegate authority through the Chief Executive to a manager responsible for bylaws to appoint staff to receive public feedback at ‘Have Your Say’ events.

f)       delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

g)      request through the Chief Executive that the manager responsible for local board services include this report and attachments on the waste bylaw statement of proposal on the agenda of all local boards for their information.

 

 

Horopaki

Context

7.       The Te Ture Ā Rohe Para Māro 2012, Solid Waste Bylaw 2012 (Bylaw) aims to support waste management and minimisation, protect health and safety and manage litter and nuisance in public places.

The Regulatory Committee decided to make a new Bylaw

8.       The committee requested staff commence the process to make a new bylaw in March 2019 (REG/2019/12). The process leading up to this decision is summarised below:

14 February 2019

Regulatory Committee completes the review of the Bylaw and determines (REG/2019/7) (Attachment B) that the:

·    Bylaw expires on 25 October 2019

·    Council has a responsibility to promote waste management and minimisation

·    Bylaw is one tool that helps to reduce harm from residual waste in Te Mahere Whakahaere me te Whakaiti Tukunga Para i Tāmaki Makaurau 2018, Auckland Waste Management and Minimisation Plan 2018 (Waste Plan)

·    harm from residual waste remains a significant issue

·    Bylaw is still necessary and effective but could be improved

·    Bylaw complies with the New Zealand Bill of Rights Act 1990 (Bill of Rights)

·    Bylaw is not inconsistent with the Waste Plan.

 

14 March 2019New bylaw:

Regulatory Committee instructs staff to draft a new bylaw as summarised below, after considering the following main options for each of the 12 topics in the current Bylaw (REG/2019/12) (Attachment C):

·    Option one: no waste bylaw about the topic

·    Option two: new waste bylaw about the topic.

•	kerbside inorganic waste collection
•	prevention of litter from display of flags or similar items
,•	waste collection from a public place
•	waste facilities (data collection)
•	donation collection points
•	hazardous waste
•	multi-unit developments
•	events
•	unaddressed mail
•	shopping trolleys
•	waste nuisance
•	litter receptacles
,No bylaw: 

 

 

 

 

 

 

 

 

 

 

 

 

 


The Local Government Act 2002 sets out the process to make a new bylaw

9.       Council must use the special consultative procedure to make a new bylaw because it could significantly impact the public, particularly the waste industry.

10.     This requires council to:[10]

·   determine that the bylaw meets legislative criteria

·   adopt a statement of proposal, including the proposed bylaw, for public feedback

·   decide on any bylaw after having considered public feedback.

Tātaritanga me ngā tohutohu

Analysis and advice

Staff have prepared a statement of proposal in line with statutory requirements

11.     Staff have drafted a statement of proposal (Attachment A). The proposal contains a new Waste Management and Minimisation Bylaw 2019. Amendments to the Auckland Council Trading and Events in Public Places Bylaw 2015 are also proposed to better align with the requirements of the proposed new bylaw. Table 1 shows the main proposals.

12.     The proposal implements the committee’s decision to make a new bylaw in accordance with statutory requirements and best practice drafting guidelines.

13.     Staff consider the proposed new bylaw and bylaw amendments have no implications and are not inconsistent with the Bill of Rights or the Waste Plan.

Table 1: Summary of major proposals in the proposed new waste bylaw

·     

Major proposals

Reasons for proposal

Require people to deposit and dispose of waste appropriately.

·      Help achieve the Waste Plan goal to reduce harm from residual waste.

·      Manage and minimise waste.

·      Protect public health and safety.

·      Protect the public from nuisance.

·      Manage use of council-controlled public places.

Require waste collectors, operators of waste management facilities, resource recovery facilities and donation collection bins (exemptions apply) to obtain an approval (a licence) from council.

Align the definition of cleanfill with the Auckland Unitary Plan which may require some previously exempt waste management facilities to obtain an approval (licence).

·      Apply consistent approach to council regulation.

Clarify that a waste management and minimisation plan is required for all trading, event or filming activities in a council-controlled public place.

·      Apply consistent approach to the use of council-controlled public places.

·      Set rules that are clearer and easier to understand.

Clarify that a waste management and minimisation plan is required for any existing (exceptions apply) or planned multi-unit development.

·    Ensure a focus on waste minimisation at residential developments that cannot use kerbside waste collection services.

·    Set rules that are clearer and easier to understand.

Clarify the rules to minimise the potential for shopping trolleys and unaddressed mail to become waste. Businesses party to the existing shopping trolley industry accord will remain exempt, subject to the renewal of the accord.

·    Set rules that are clearer and easier to understand.

·    Ensure better alignment between bylaw and existing shopping trolley and unaddressed mail industry accords.

 

Staff recommend the committee commence the process to make and amend bylaws

14.     Staff recommend the committee makes the necessary determinations to appoint a panel and enable the Governing Body to adopt the proposal for public consultation.

15.     Staff recommend that the committee appoint a chair and two members from the Governing Body and Independent Māori Statutory Board to a panel. The panel attends ‘Have Your Say’ events as appropriate, deliberates and makes recommendations to the Governing Body on public feedback to the statement of proposal.

16.     It is also recommended that staff be delegated authority to receive public feedback at ‘Have Your Say’ events as appropriate or in case a panel member cannot attend.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17.     Council units involved in waste, resource management and events were consulted as part of the Bylaw review. Council units are aware of the impacts of possible changes to the Bylaw and their roles in implementing the bylaw.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

18.     Local board member views were sought as part of the Bylaw review. Generally, local board members support the Bylaw alongside other measures such as education. Their key concerns related to contamination, illegal dumping and hazardous waste disposal.

19.     The proposal addresses local board member concerns by setting clearer expectations around the deposit, collection, transportation and disposal of waste.

20.     Local Boards will have the opportunity to provide their views on the proposal:

·    in writing between 10 May and 16 June 2019

·    to the panel in June 2019.

21.     Local Boards can contact Social Policy and Bylaws staff to register to meet the panel.

Tauākī whakaaweawe Māori

Māori impact statement

22.     The Bylaw has significance for Māori as kaitiaki of Papatūānuku.

23.     Mana whenua and mataawaka are supportive of the current bylaw but find it too technical. The proposal addresses these concerns by making a new bylaw easier to understand.

24.     Mana whenua and mataawaka will have the opportunity to give feedback on the proposal during public consultation.

Ngā ritenga ā-pūtea

Financial implications

25.     Public consultation and implementation costs will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26.     If the committee approves the recommendations there is a risk that some stakeholders may be concerned about the proposed changes, council’s dual role as regulator and service provider or engagement to date. This risk will be mitigated by the opportunity to give feedback during public consultation and for the panel to consider and respond.

Ngā koringa ā-muri

Next steps

27.     If the committee and Governing Body approve the recommendations, public consultation on the proposal will follow.

28.     Public consultation is currently scheduled from 10 May to 16 June 2019. ‘Have Your Say’ events will take place during the public consultation period instead of a formal hearing after submissions close.

29.     The panel will consider any feedback during a publicly notified deliberation meeting that the public can observe. The panel will make its recommendations to the Governing Body.

30.     The Governing Body will decide whether to accept the panel recommendations and officially make or amend bylaws by August 2019.


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waste bylaw statement of proposal

141

b

Regulatory Committee findings report

215

c

Regulatory Committee options report

357

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Elizabeth Osborne - Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

James Hassall - Director Regulatory Services (Acting)

 


Regulatory Committee

11 April 2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory Committee

11 April 2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory Committee

11 April 2019

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory Committee

11 April 2019

 

Update on the development of an alcohol fees bylaw 2019

File No.: CP2019/04837

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek agreement that the development of an alcohol fees bylaw be delayed until cost recovery for the alcohol licensing process is known to be 95 per cent or less in 2018/2019.

Whakarāpopototanga matua

Executive summary

2.       On 8 February 2018, the Regulatory Committee resolved to create a new alcohol fees bylaw if central government did not change the nationally set alcohol licensing fees. This was to enable council to recover 100 per cent of the licensing process costs [REG/2018/3].

3.       Government has not changed the nationally set licensing fees.

4.       Council’s cost recovery for the financial year ending 2018 is 99 per cent.

5.       Changes to Regulatory Services have also resulted in reduced administration and corporate overhead costs allocated to Alcohol Licensing.

6.       The 2018 calculation is consistent with Ministry of Justice guidelines. The guidelines were created in 2018 and set out what costs should and should not be included in the calculation.

7.       Staff recommend that development of an alcohol fees bylaw be delayed and reconsidered if cost recovery is at 95 per cent or less for the financial year ending 2019

8.       There is a risk the figures for the financial year ending 2019 may show a significant shortfall in cost recovery. There would be a funding shortfall for 2020 while an alcohol fees bylaw is being developed. 

9.       Staff will report back to the committee with a findings and options report if needed. 

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      note that cost recovery for the alcohol licensing process for the financial year ending 2018 was 99 per cent and development of a new alcohol fees bylaw be delayed.

b)      agree that a findings and options report will be provided to the committee for an alcohol fees bylaw if cost recovery for the alcohol licensing process is at 95 per cent or less for the financial year ending 2019.

 

Horopaki

Context

Central government sets fees which are to meet costs of the alcohol licensing process

10.     Alcohol fees are set nationally and are contained in the Sale and Supply of Alcohol (Fees) Regulations 2013 (fees regulations).

11.     An objective of the fees regulations is to ensure the administrative requirements for local authorities are cost neutral.

12.     Councils collect application and annual fees from alcohol licence holders. A portion of those fees collected is paid to the Alcohol Regulatory and Licensing Authority (Authority). The balance is retained by council and funds its alcohol licensing process, including:

·                the functions of the District Licensing Committees covering its involvement from application up to the point when the final licence decision is made

·        the functions of the alcohol inspectors including inspecting, assessing applications, compliance and monitoring activities

·        enforcement activities undertaken such as issuing infringements or enforcement applications to the Authority.

13.     Where the costs incurred by a local authority are greater than the revenue generated by fees, local authorities have the ability to develop a fees bylaw to cover the shortfall. Where the costs incurred by a local authority are less than the revenue, local authorities can also reduce fees through a bylaw.

14.     Fees are set nationally on a cost/risk basis. This is based on the type of premises, licensed hours and number of enforcement holdings. Attachment A is a summary of the cost/risk calculation along with a full list of the nationally set fees and amounts payable to the Authority.

The 2017 recovery rate was 78 per cent

15.     In February 2018, a report from Alcohol Licensing to the committee highlighted:

·        cost recovery rate of 78 per cent for the financial year ending 2017

·        projected cost recovery rate of 83 per cent for the financial year ending 2018

·        that central government was reviewing the nationally set alcohol licensing fees which might affect the cost recovery rate.

16.     The committee resolved to create a new bylaw to enable cost recovery for the alcohol licensing process to be 100 per cent if central government did not increase the nationally set fees to enable this.

Ministry of Justice provided guidance in 2018 on how to calculate cost recovery

17.     Central government is required to review the fees regulations every five years. The last review in 2017 found that that there was inconsistent understanding and reporting on cost recovery. There was no change to the fees and instead they focussed on providing guidance to councils on how to calculate cost recovery.

18.     In October 2018, the Ministry of Justice released a report[11] guiding councils on what costs should and should not be included when calculating cost recovery. This report states that:

·        indirect and corporate costs should be included, however there must be a demonstrable connection between the cost and the licensing process

·        costs associated with policy and strategic development, alcohol related harm reduction activities, bylaw making and official information requests should not be included in the calculation.


 

Tātaritanga me ngā tohutohu

Analysis and advice

Cost recovery is at 99 per cent for the financial year ending 2018

19.     The 2018 Ministry of Justice guidelines have been used to consider the costs for the financial year ending 2018. Table 1 provides a summary for the financial year ending 2018:

Table 1 – cost calculation for the financial year ending 2018

Revenue (ex GST)

$ (rounded to nearest 100)

Net revenue from alcohol licences after fees paid to the Alcohol Regulatory and Licensing Authority

4,901,100

Expenses (ex GST)

$ (rounded to nearest 100)

Direct costs for the alcohol licensing inspectorate

1,843,300

Direct costs for the district licensing committees and support personnel

760,500

Costs for administration, management and relevant corporate overhead allocations

2,336,600

Total costs

4,940,400

Net cost to council

-39,300

Cost recovery

99.20%

 

20.     A cost recovery rate of 99 per cent reflects a shortfall of approximately $40,000. This amount was met by ratepayers.

21.     Attachment B compares calculations for the financial years ending 2018 and 2017.

Calculation based on current service levels set by operations

22.     This calculation is based on the current service levels. Alcohol Licensing consists of 25 staff members, including inspectors, team leaders and alcohol licensing specialists. Each inspector is allocated an area where they are responsible for reporting on all licence applications. Inspectors and team leaders work together when more than one person is required for a task (i.e. monitoring licensed venues at night).

23.     Monitoring activity undertaken by the inspectorate involves:

·        annual inspections of very high and high risk premises

·        an inspection of medium risk premises at least once every two years

·        an inspection of low and very low risk premises at least once every three years

·        controlled purchase operations throughout Auckland in conjunction with the Medical Officer of Health and NZ Police. At a minimum the inspectorate carries these out at 300 premises across Auckland each year.

24.     There are no statutory minimum requirements for monitoring and enforcement activity and these key performance indicators have been set by operations. It is outside the scope of this project to consider change to service levels in operations. The cost calculation must include the costs of the actual operations.

25.     To comply with the Ministry of Justice guidelines, costs associated with harm minimisation activities are not to be included in the cost calculation (refer to paragraph 16 above). Increasing fees to fund an increase in monitoring and enforcement activities could be considered harm minimisation activities. Where the objective of an activity is harm minimisation for the public benefit, activities with wider social benefits could be expected to be funded in part with rates in accordance with the Auckland Council Revenue Policy 2018.

Differences between forecast and actual figures are due to the way corporate overheads are allocated and changes made in Regulatory Services

26.     Corporate overheads have been reviewed in light of the 2018 Ministry of Justice report. Those without a demonstrable connection to the alcohol licensing process have been removed. Attachment C provides a summary of these. Corporate overheads which are relevant to the alcohol licensing process can be grouped into:

·        finance

·        human resources

·        information technology

·        legal

·        accommodation costs

·        other corporate services.

27.     In addition, changes to Regulatory Services occurred during the 2018 financial year. Efficiencies achieved through this restructure have resulted in a reduction of costs allocated to the Alcohol Licensing unit for administration and corporate overheads.

Deferring development of an alcohol fees bylaw is recommended

28.     Staff recommend that the development of a fees bylaw is deferred until the actual figures for the financial year ending 2019 are available. The current recovery rate using the guidance provided by the Ministry of Justice is close to cost neutral. An alcohol fees bylaw based on the 2018 figures would only increase fees by a small amount.

29.     The cost recovery rate for the financial year ending 2019 will indicate whether the 2018 figures are an anomaly or a possible trend.

30.     Staff recommend that a trigger point of a cost recovery rate of 95 per cent is used to determine whether to proceed with an alcohol fees bylaw. A five per cent shortfall amounts to approximately $250,000. This may correspond to fee increases of between 10 to 15 per cent. Options on the amounts and how an increase could be allocated between the different types of licences would form part of a findings report at that time.

31.     Two other local authorities have an alcohol fees bylaw, with the following changes:

·        Whangārei District Council increased fees by approximately 87 per cent

·        Southland District Council decreased fees by 30 per cent.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32.     The recommended approach will have no impact on council controlled organisations. Council groups have not yet been approached for input and will be included in any consultation on a proposed bylaw in the event the figures for the financial year end 2019 indicate that a bylaw is required. Some council controlled organisations such as ATEED and RFA (Auckland Live) are involved with events which require special licences or operate licensed premises. They would be affected if the fees were to change in the future.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

33.     Local boards were informed of the project in January 2019 by memorandum and were invited to submit questions on the project. To date, none have been received.

34.     Alcohol related issues are important for many of the local boards. Further input from local boards will be sought on a proposed bylaw in the event the figures for the financial year ending 2019 indicate that a bylaw is required.

Tauākī whakaaweawe Māori

Māori impact statement

35.     Alcohol related issues are important for Māori wellbeing. Further input from Māori health providers will be sought on a proposed bylaw in the event the figures for the financial year ending 2019 indicate that a bylaw is required.

Ngā ritenga ā-pūtea

Financial implications

36.     The recommended approach will mean that the costs associated with developing an alcohol fees bylaw will be deferred and would only be realised if a decision is made to develop a bylaw after the 2019 figures are available. These costs will be met from existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37.     There is a risk the figures for the financial year ending 2019 may show a significant shortfall in cost recovery. There would be a funding shortfall for 2020 while an alcohol fees bylaw is being developed. 

Ngā koringa ā-muri

Next steps

38.     If the recommended approach is taken, staff will review the cost recovery of the alcohol licensing process after the figures for the financial year end 2019 are available and report back to the committee with a findings and options report if needed. 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of alcohol licensing fees in the Sale and Supply of Alcohol (Fees) Regulations 2013

411

b

Calculations for financial years ending 2017 and 2018

413

c

Corporate overheads included in calculation

415

     

Ngā kaihaina

Signatories

Author

Nadine Hopkins - Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

James Hassall - Director Regulatory Services (Acting)

 


Regulatory Committee

11 April 2019

 


 


Regulatory Committee

11 April 2019

 

PDF Creator


Regulatory Committee

11 April 2019

 


Regulatory Committee

11 April 2019

 

Regulatory Committee Summary of Information Items - 11 April 2019

File No.: CP2019/04591

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide an update of all current resource consent appeals lodged with the Environment

Court (Attachment A and Attachment B).

2.       To note the progress on the forward work programme (Attachment C).

Whakarāpopototanga matua

Executive summary

3.       This is a regular information-only report which aims to provide visibility of information circulated to committee members via memo or other means, where no decisions are required.

4.       The workshop papers and any previous documents can be found on the Auckland Council website at the following link: http://infocouncil.aucklandcouncil.govt.nz/

·    at the top left of the page, select meeting “Regulatory Committee” from the drop-down and click ‘view’;

·    under ‘Attachments’, select either HTML or PDF version of the document entitled ‘Extra Attachments’

5.       Note that, unlike an agenda decision report, staff will not be present to answer questions about these items referred to in this summary. Committee members should direct any questions to the authors.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the Regulatory Committee Summary of Information Items 11 April 2019 report.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Region-wide appeal register

419

b

Appeals status report

429

c

20190411 Workprogramme

431

     

Ngā kaihaina

Signatories

Author

Suad Allie - Governance Advisor

Authoriser

James Hassall - Director Regulatory Services (Acting)

 


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[1]           Local Government Act 2002, sections 158.

[2]           Local Government Act 2002, sections 160(1) and (2).

[3]           Local Government Act 2002, sections 160(3).

[4]        Refer sections 2.5, 4.1 and 4.2 of the Alcohol Control Bylaw 2014: 2018 Review Findings Report.

[5]        Refer sections 4.3.4 of the Alcohol Control Bylaw 2014: 2018 Review Findings Report.

[6]           Auckland Council Whānau Internal Strategy to Minimise Alcohol-Related Harm 2016, Page10-11.

[7]           Local Government Act 2002, section 158.

[8]           Local Government Act 2002, section 160(1) and (2).

[9]           Local Government Act 2002, section 160(3).

[10]     See Local Government Act 2002, s83, 83AA, 86, 155, 156, 160(3), Waste Minimisation Act 2008, s56 and Auckland Council Governing Body Terms of Reference (GB/2016/237).

[11] Calculating the costs and revenues of the alcohol licensing system: Guidance for Territorial Authorities, October 2018, Ministry of Justice available at https://www.justice.govt.nz/assets/Documents/Publications/calculating-the-costs-and-revenues-of-the-alcohol-licensing-system-october-2018.pdf