Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held remotely on Tuesday, 14 September 2021 at 10.00am. A recording of the meeting is available on the Auckland Council website https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Shane Henderson

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

 

 

IMSB Member Glenn Wilcox

From 10.02am

 

Cr Paul Young

From 10.01am

 

ABSENT

 

Ex-officio

Deputy Mayor Cr Bill Cashmore

 

Ex-officio

Mayor Hon Phil Goff, CNZM, JP

 

 

 

 


Regulatory Committee

14 September 2021

 

 

 

 

Cr P Young joined the meeting at 10.01am.

IMSB Member G Wilcox joined the meeting at 10.02am.

 

Note:   a roll-call was conducted that ascertained the following members were in attendance at the commencement of the meeting:  ü

 

Cr L Cooper

ü

Cr S Stewart

ü

Cr J Bartley

ü

IMSB Chair David Taipari

ü

Cr C Casey

ü

IMSB Member Glenn Wilcox

ü

Cr E Collins

ü

Cr P Young

ü

Cr S Henderson

ü

Mayor P Goff

 

Cr D Newman

ü

Deputy Mayor B Cashmore

 

 

 

 

1          Apologies

 

Resolution number REG/2021/57

MOVED by Cr L Cooper, seconded by Cr P Young:  

That the Regulatory Committee:

a)         accept the apologies from:

Absence

Deputy Mayor Cr B Cashmore – on council business
Mayor P Goff – on council business

CARRIED

 

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

 

3          Confirmation of Minutes

 

Resolution number REG/2021/58

MOVED by Cr L Cooper, seconded by Cr J Bartley:  

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 17 August 2021, including the confidential section, as a true and correct record.

CARRIED

 

 

4          Petitions

 

There were no petitions.

 

 

 

5          Public Input

 

There was no public input.

 

 

 

6          Local Board Input

 

There was no local board input.

 

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

 

8

Review findings and options for the Wharves Bylaw

 

Resolution number REG/2021/59

MOVED by Cr D Newman, seconded by Cr C Casey:   

That the Regulatory Committee:

a)      agree that the Auckland Council Legacy Provisions on Wharves Bylaw 2015 is no longer the most appropriate way to address matters related to public safety, nuisance and damage on and around wharves, boat ramps and similar structures in the former Auckland City and Rodney District under the control of Auckland Council.

b)      agree that option one (rely on existing regulations and allow the Bylaw to lapse) as detailed in this agenda report is the preferred option to address the matters in clause a).

c)      recommend the Governing Body:

i)       confirm that the Auckland Council Legacy Provisions on Wharves Bylaw 2015 is no longer the most appropriate way to address matters related to public safety, nuisance and damage on and around wharves, boat ramps and similar structures in the former Auckland City and Rodney District under the control of Auckland Council.

ii)      approve continuing to rely on other existing regulations to address matters related to public safety, nuisance and damage on and around wharves, boat ramps and similar structures under the control of Auckland Council.

iii)     approve allowing the Auckland Council Wharves Bylaw 2015 to lapse on 29 October 2022.

CARRIED

 

 

 

9

Review findings and options for the Legacy Bylaw Provisions for Construction in Public Places 2015

 

Resolution number REG/2021/60

MOVED by Cr D Newman, seconded by Cr S Henderson:  

That the Regulatory Committee:

a)      agree that the Auckland Council Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015 is no longer the most appropriate way to protect public health, safety, property and the environment from construction related activities on public places under the control of Auckland Council.

b)      agree that option one (rely on other existing regulations and allow the Bylaw to lapse) as detailed in this agenda report is the preferred option to address the matters in clause a).

c)      recommend the Governing Body:

i)       confirm that the Auckland Council Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015 is no longer the most appropriate way to protect public health, safety, property and the environment from construction related activities on public places under the control of Auckland Council.

ii)      approve continuing to rely on other existing regulations to address matters related to public health, safety, property and the environment from construction related activities on public places under the control of Auckland Council.

iii)     approve allowing the Auckland Council Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015 to lapse on 29 October 2022.

CARRIED

 

 

 

 

10

Proposal to amend the Property Maintenance and Nuisance Bylaw 2015

 

Note:   Changes to the original motion were made with the agreement of the meeting, amending clause e).

 

Resolution number REG/2021/61

MOVED by Cr L Cooper, seconded by Cr E Collins:  

That the Regulatory Committee:

a)      note that this committee completed the review of the Auckland Council Property Maintenance and Nuisance Bylaw 2015 in September 2020 and determined that a bylaw regarding property maintenance is still the most appropriate way to help minimise public health risks and nuisance caused by poorly maintained private property.

b)      recommend the Governing Body adopt the Statement of Proposal in Attachment A of this agenda report for public consultation and confirm the proposed Te Kaunihera o Tāmaki Makaurau Te Ture ā-rohe Tiaki Rawa me Ngā Mahi Whakapōrearea 2015 / Auckland Council Property Maintenance and Nuisance Bylaw 2015:

i)       is the most appropriate form of bylaw

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

c)      recommend the Governing Body forward to local boards this agenda report and attachments for their information.

d)      recommend the Governing Body delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal in Attachment A of this agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

e)      appoint a chair and two Bylaw Panel members selected from the Governing Body: Cr L Cooper and Cr C Casey, and the Independent Māori Statutory Board to attend ‘Have Your Say’ events, deliberate and make recommendations to the Governing Body on public feedback to the Statement of Proposal in Attachment A of this agenda report.

f)       delegate authority to the Regulatory Committee chairperson to make replacement appointments to the Bylaw Panel if a panel member is unavailable.

g)      delegate authority through the Chief Executive to a manager responsible for bylaws:

i) to appoint staff to receive public feedback at ‘Have Your Say’ events

ii)      to make any amendments to the Statement of Proposal in Attachment A of this agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee.

CARRIED

 

 

 

11

Resource Consents Appeals: Status Report 14 September 2021

 

Resolution number REG/2021/62

MOVED by Cr L Cooper, seconded by Member G Wilcox:  

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 14 September 2021.

CARRIED

 

 

 

12

Summary of Regulatory Committee Information - updates, memos and briefings - 14 September 2021

 

Resolution number REG/2021/63

MOVED by Cr L Cooper, seconded by Cr J Bartley:  

That the Regulatory Committee:

a)      note the progress on the forward work programme appended as Attachment A of the agenda report.

b)      receive the summary of Regulatory Committee Information – updates, memos and briefings – 14 September 2021.

CARRIED

 

 

 

13

Objection to stormwater works at 45 Ridge Road, Howick

 

Note:   This item was withdrawn.

 

 

 

14        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

 

 

 

10.39am                                             The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Regulatory Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:.......................................................