Agenda of Waiheke Local Board

1 Welcome - Karakia

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace….good peace

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 Waiheke Local Board:

a) confirm the ordinary minutes of the Waiheke Local Board meeting, held on Thursday, 13 February 2014, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

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

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

9.1 Waiheke Walking festival - Ian Burrows

Ian Burrows will be in attendance to address the Board regarding the Waiheke Walking Festival.

10 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.”

11 Notices of Motion

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

Waiheke Local Board

27 February 2014

Auckland Transport Report - February 2014

File No.: CP2014/02199

Purpose

1. The purpose of the report is to respond to local board requests on transport-related matters and to provide information to Elected Members about Auckland Transport activities in the local board area.

Executive Summary

2. This report covers matters of specific application and interest to the Waiheke Local Board and its community; matters of general interest relating to Auckland Transport activities or the transport sector; and Auckland Transport media releases for the information of the Board and community.

3. In particular, this report provides an update on;

· Fullers Waiheke Adult Monthly Passes

· Road side weed spraying

· Sandy Bay Parking

· Car Share Initiative

· Traffic Count Matiatia

· Complaint re Tar sealing Hill Road

· Palm Beach Road Parking restrictions

Recommendation/s

That the Waiheke Local Board:

a) Receives the report.

b) Advises Auckland Transport of Board’s view on proposals for Sandy Bay.

c) Advises Auckland Transport of Board’s view on the proposed car share space.

d) Advises Auckland Transport of the Board’s view on the proposed Palm Beach parking restrictions

Discussion

Fullers Waiheke Adult Monthly Pass update

4. On the 30 January 2014, the Waiheke Local Board requested Auckland Transport to approach Fullers and seek a transition period for the use of the Waiheke Adult Monthly Pass on NZ Bus Isthmus bus services (Resolution number WHK/2014/20).

5. Auckland Transport has since had discussions with NZ Bus services and it has been agreed the Fullers Monthly passes can be used into early 2014 on NZ buses until the fare policy for Auckland public transport is finalised, at which point this will be revisited.

6. Therefore, Fullers Waiheke commuters, with a current Monthly Pass will continue to be able to access travel on Howick & Eastern, Waka Pacific, Metrolink, LINK and Go West branded bus services, until further notice.

Road side weed spraying

7. On the 30 January 2014, the Waiheke Local Board requested Auckland Transport to report on road side weed spraying and the use of any herbicide (Resolution number WHK/2014/20).

8. Auckland Transport has since spoken to the contractor and have been assured that the contractor is only using hitman, boisafe or interceptor depending on availability.

9. They have said that at present for Auckland Transport spraying they are using Organic Interceptor, which is the more coconut smelling herbicide.

10. The only other form of weed control on the island carried out by the contractor was in late 2013 where they trialed salt water.

11. Auckland Transport has been assured roundup has not been used for the Auckland Transport contract, other than where previously approved to do so.

Board Members' Reports

Resolution number WHK/2014/20

MOVED by Chairperson PA Walden, seconded by Member RE Ballard:

That the Waiheke Local Board:

a) Receives the written reports of Deputy Chair Shirin Brown and Board Member Beatle Treadwell.

b) Receives the verbal reports of Board Members Becs Ballard and John Meeuwsen.

c) Requests that Auckland Transport, in their next report to the Board, provide information on:

· road side weed spraying and the use of any herbicide

· the status of the ferry bus fares

CARRIED

Sandy Bay Parking

12. In early 2013 Waiheke Local Board requested that Auckland Transport investigate opportunities to improve parking and parking controls for boats and trailers adjacent to the boat ramp at Sandy Bay.

13. In the Auckland Transport report to the 18 July 2013 Board meeting a proposal for parking at Sandy Bay was outlined. At that meeting the Board resolved:

That the Waiheke Local Board …

Deputes the Waiheke Local Board Transport spokesperson to work with the

appropriate Auckland Transport officers and Sandy Bay residents to explore

possible future works to accommodate Sandy Bay boat trailer parking and

other parking, while ensuring public safety and general public amenity, and

report back to the Board WHK/2013/224 18 July 2013.

14. After consultation with members of the Local Board and Sandy Bay residents it was determined that the proposals in the first report were not ideal.

15. A new proposal was therefore produced which reflects subsequent discussions with the Local Board transport portfolio holders and residents who met with Auckland Transport and the Local Board in January 2014.

16. The new proposal is attached at Attachment “A” and a new photo at Attachment “B”.

17. Once the Board has expressed its views on this proposal external consultation will be carried out.

Car Share Initiative

18. Auckland Transport is actively supporting the Car Share Initiative currently operating in Auckland. This initiative supports a number of Auckland Transport’s goals;

· Reduce car dependency and improve community health by providing infrastructure and services for walking, cycling and ride sharing.

· Deliver an effective and efficient transport system that enables Aucklander’s to make smarter transport choices.

19. The concept of car share involves the provision of cars in select locations that can be booked through a website or phone and pay per hour. This has proven beneficial for inner city residents and businesses that don’t necessarily need to own a car but may find one useful from time to time.

20. Auckland Transport has identified an on street location in Ocean View Road, Waiheke Island where it believes the provision of a parking space for a car share vehicle would be beneficial.

21. Auckland transport is proposing to create a single parking space with the following restriction

· Car Share Vehicles Only, At All Times. This would apply 24 Hours a day every day

22. Please see Attachment “C” for details of the proposal.

Traffic Count Matiatia

23. In December 2013 the Waiheke Local Board made a formal request for Auckland Transport to install a minimum of two pneumatic tube traffic counters on Ocean View Road, the placement of which is designed to measure the number of vehicles travelling to and from Matiatia prior to Christmas 2013 and over the 2013/14 tourist period (Resolution number WHK/2013/352 g & h).

24. The Board requested the results of the traffic counts be reported back to the Board at the February 2014 Local Board meeting.

25. Traffic Count results are attached at Attachments “D,E,F and G”.

Complaint re Tar sealing Hill Road

26. Waiheke Local Board member Shirin Brown received a complaint from a resident of Hill Road Waiheke.

27. The resident believed that the sealing carried out in November 2013 was substandard and had started to disintegrate in parts.

28. An Auckland Transport engineer subsequently visited the site and spoke to the complainant.

29. It was noted there are some small areas where the sealing chip has moved, these were mainly in front of driveways where motorists have had to turn sharply due to the narrowness of the road.

30. The complainant owns 2 properties, one of which is being renovated and the sealed surface in front of it has moved considerably due to trucks turning and the sealing chip moving slightly.

31. The engineer assured the complainant that new seal does start to flush in extreme temperatures such as we are experiencing, but the road will settle down with traffic movement and cooler temperatures.

32. This explanation was not accepted by the complainant, as she insisted she actually wants an asphalt surface and kerbing.

33. Auckland Transport can assure the Local Board that the new seal on Hill Road will settle with traffic movement and cooler temperatures.

Palm Beach Parking Restrictions

34. Over the 2013/14 summer period there have been concerns raised by local residents and parking enforcement officers on Waiheke Island regarding parking around Palm Beach.

35. Palm Road serves as a local bus route, which extends to the end of Palm Road (cul-de-sac). The section of concern is adjacent and parallel to the beach.

36. During summer months it has high parking demand where vehicles park on both sides of the road at this section.

37. Palm Road along the majority of this section has parallel parking bays on one side and enough space to fit parking on either side. However, the section which spans approximately 100m from the bend is especially narrow (approx. 5m wide) and when vehicles park on both sides of the road the through movement becomes restricted. This makes it difficult for buses to manoeuvre at the bend, and sometimes the bus cannot fit through altogether.

38. It is recommended to install 145m of “No Stopping at All Times” (NSAAT) parking restriction on one side of Palm Road at the narrow section. The exact location of which can be seen on the attached plan attachment “H”.

39. Once the Board has expressed its views on this proposal external consultation will be carried out.

Regional Transport-related Information

Auckland Transport Code of Practice (ATCOP) Consultation

40. Formal stakeholder consultation on Auckland Transport’s Code of Practice (ATCOP), the guide for those involved in developing and maintaining transport infrastructure in Auckland, has been extended until 31 March 2014.

41. ATCOP represents a step change in how transport infrastructure will be delivered in Auckland; it will no longer be about a singular modal choice, but a complete and sustainable transportation network that can be used equally by everyone. It applies to all new transport infrastructure and upgrades to existing infrastructure, including new subdivision development.

42. Auckland Transport reviewed the transport-related infrastructure standards of the previous councils which were amalgamated to form Auckland Council and its related Council Controlled Organisations. The previous councils’ infrastructure standards varied across the Auckland region, with inconsistencies that caused confusion and uncertainty in the application of Auckland-wide transport-related infrastructure standards, so ATCOP will provide the much needed consistency for all of Auckland.

43. The processes, standards and details articulated in ATCOP reflect the importance of a considered approach to the development, construction and care of the region's transport system, with robust engineering details, quality standards, defined layouts, whole-of-life design, value for money and robust construction across the entire network.

44. More details about the document and how to provide feedback can be accessed by the following link on AT’s website: http://www.aucklandtransport.govt.nz/improving-transport/have-your-say/Pages/ATCOP.aspx.

Electric Train Testing on Target

45. Testing of Auckland’s new electric trains has been stepped up over the holidays. Commuters who use the Onehunga line will be the first to ride the trains which are due to go into service at the end of April.

46. Testing and driver training is being carried out, mainly at night and on the weekends, and has even involved loading a train with sand bags. Some 1776 sandbags on board, each weighing 20 kilograms, simulate the train close to full weight. The train is reaching speeds of 110 km/h which is the maximum speed allowed on the Auckland rail network.

47. The public are also reminded that overhead electric wires for the trains are now live across Auckland. The lines carry 25,000 volts which is 100 times more powerful than the supply used in homes and can be deadly if people get too close to them.

48. The new trains are quieter and accelerate faster, than the existing fleet so everyone needs to take care.

· Always cross at proper crossings

· Watch and listen for bells at crossings

· Always look both ways

· Stay off the tracks

· Pay attention to train horns

· Stay behind the yellow lines on platforms

49. Safety is a primary concern for AT, KiwiRail and Transdev during the testing and roll-out of Auckland’s new trains.

50. AT has 57 three-car trains on order and all are due to be in service by late 2015. Each train can comfortably carry 375 passengers, open gangways between cars allow movement from one end of the train to the other.

51. Security and safety features include an on-board CCTV camera system which operates continuously in all cars, providing images to the driver from any of the 16 cameras. Images will be continuously recorded on-board. Emergency call points, which can be found throughout the train, allow passengers to communicate directly with the train crew in the event of an incident.

Campaign Launched to Encourage Cycling

52. AT is launching a campaign to raise the awareness of cycling as a preferred and efficient mode of transport. “Cycling’s the Go” encourages Aucklander’s to sign up and attend free cycling training courses.

53. AT wants to improve the skill level and confidence of cyclists and to increase their knowledge of safe cycling behaviour. Forty-five per cent of Aucklander’s have access to a bike but only 20 per cent use a bike at least once a month.

54. The last “Cycling’s the Go” campaign, before Christmas, saw 587 people take cycling training courses. This is a 126 per cent increase from the courses at the same time in 2012.

55. There are 34 summer cycling training courses including:

· beginner bike training for adults

· the basics of bike maintenance

· commuter leg up course

· novice on-road training for adults

· intermediate on-road training for adults

56. For more information including how to register for the summer cycling training courses: www.cyclingsthego.co.nz.

Issues Register

57. The regular monthly issues register is attached to this report, Attachment “I”.

Consideration

Local Board Views

58. The Board’s views will be incorporated during consultation on any proposed schemes.

Implementation Issues

59. All proposed schemes are subject to prioritization, funding and consultation.

Attachments

No.	Title	Page
a View	February 2014 Sandy Bay report	17
b View	Sandy Bay photo	27
c View	Car Share Initiative	29
d View	Week 1 traffic counts	31
e View	Week 2 traffic counts	33
f View	Week 3 traffic counts	35
g View	Week 4 traffic counts	37
h View	Palm Beach photo	39
i View	Auckland Transport Issues register	41

Signatories

Authors

Ivan Trethowen – Auckland Transport Elected Member Relationship Manager

Authorisers

Jonathan Anyon – Auckland Transport Elected Member Relationship Team Manager

Judith Webster - Relationship Manager

Waiheke Local Board

27 February 2014

Lapsing of Auckland City Council Hazardous Substances Bylaw

File No.: CP2014/00316

Purpose

1. The purpose of this report is to recommend that the Auckland City Council Hazardous Substances Bylaw 2008, which is now an Auckland Council bylaw, be allowed to lapse, because the provisions of this bylaw are adequately dealt with by a number of pieces of national legislation.

Executive Summary

2. In 2008 Auckland City Council made a Hazardous Substances Bylaw. This bylaw:

a) Requires an application to be made to the council whenever it is intended to install, alter, remove, examine or relocate any tank or pipeline used for storing or transferring of various classes of hazardous substances;

b) Requires underground storage tanks to be installed in accordance with a 1992 Department of Labour code of practice or in a manner that prevents the contamination of underground water sources;

c) Requires the storage, use and disposal of any chemical or contaminant to be in such a way that this does not result in a nuisance or risk to public health and safety. The word contaminant is defined by the bylaw and covers any type of substance that, when discharged to water or land can damage the physical, biological or chemical condition of that water or land.

3. Since the bylaw was made there have been a number of legislative changes that have reduced the need for the bylaw. The council retains its role under section 15 of the Resource Management Act 1991 to manage discharges of contaminants into the environment and it will continue to exercise this function through the proposed Unitary Plan. However under the Hazardous Substances and New Organisms Act 1996 the council’s role is only to enforce this act in public places and in places other than work places.

4. If the council does not revoke the bylaw prior to 31 October 2015 (i.e. it allows the bylaw to lapse) it will not have to go through the time and expense of revoking the bylaw through the special consultative process of the Local Government Act 2002.

Recommendation/s

That the Waiheke Local Board:

a) Recommends to the Regulatory and Bylaw Committee that the Auckland City Council Hazardous Substances Bylaw 2008 not be confirmed, amended or revoked so that on 31 October 2015 the bylaw is revoked by section 63 of the Local Government (Auckland Transitional Provisions) Act 2010.

Discussion

5. The current bylaw regulates three general areas:

· The bylaw requires an application to and approval from council to install, alter, remove, examine or relocate any tank or pipeline used for the storage or transferring of hazardous substances. This enables the council to monitor sites where hazardous substances are stored and check the contamination of those sites especially when underground tanks or pipes are removed.

· The installation, construction and operation of underground storage tanks holding hazardous substances.

· Standards for the storage of chemicals or contaminants so that any use, disposal or spillage of those chemicals or contaminants does not create a nuisance and there is no risk to public health and safety. These provisions also allow council officers to take water or soil samples to determine whether or not a site is polluted.

6. Staff considers that the bylaw topics are now adequately covered by national legislation which are discussed in detail below.

A. Approval to install, alter, remove, examine or relocate any tank or pipeline used for storing or transferring of hazardous substances

7. This part of the bylaw is dealt with in part by the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (the NES). The NES applies to land that has or had an activity or industry on the site that is listed on the Hazardous Activities and Industries List (HAIL) published by the Ministry for the Environment (MfE) and is therefore considered potentially contaminated. If however a detailed site investigation demonstrates that any contaminants in or on the site are below background (naturally occurring) concentrations then the site is not considered contaminated.

8. The NES sets permitted activity standards for the removal or replacement of a fuel storage system (storage tanks and ancillary equipment), including the removal or replacement of an underground part of the system and putting back or taking away soil from the site, subject to a number of conditions. The conditions include that the activity is done in accordance with MfE guidelines, the council is notified on where, when and for how long the activity will be taking place and where any removed soil will be disposed of. Limits are also set on the amount of soil that can be taken away and a requirement that council will receive results of the investigation done on the site.

9. The NES also has permitted activity standards for sampling soil, disturbing soil (such as might occur if an underground tank was removed and the hole filled in) and for the subdividing or changing the use of HAIL land. None of these permitted activities have conditions which require the council to be notified when the activity takes place, but the conditions applied to these activities prevent any danger to the public. Appendix B of the NES includes soil contaminant standards (SCSs) for human health for inorganic and organic compounds for five types of land use scenarios: rural/lifestyle blocks, residential, high-density residential, parks/recreational land and commercial/industrial land. SCSs represent a human health risk threshold above which the effects on human health may be unacceptable over time.

10. If the owner of a piece of contaminated land or potentially contaminated land (e.g. land on the HAIL list) wishes to subdivide or change the use of a piece of land, it is usually in the best interests of that land owner to decontaminate that land or prove that the land meets the standards of the NES so that the land can be sold. If however, an owner of a contaminated site or potentially contaminated site does not wish to subdivide or change the use of that site they are still required to meet the proposed Unitary Plan rules for the discharge of contaminates to land and water from that site.

B. Requiring underground storage tanks containing hazardous substances to be installed in accordance with a 1992 Department of Labour code of practice or in a manner that prevents the contamination of underground water sources;

11. These provisions have been superseded by a number of pieces of legislation:

a) The Hazardous Substances (Emergency Management) Regulations 2001 which came into force in July 2001 require the secondary containment of any liquid hazardous substance that is kept in quantities that exceeds the thresholds outlined in schedule 4 of these regulations. The regulations apply to both surface containers and below ground containers holding liquids or substances likely to liquefy in a fire.

b) Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)Transfer Notice (2004 and amendments) places obligations and restriction on stationary container systems (tanks and associated fittings and pipe work) that contain or are intended to contain a hazardous substance that is described in schedules 1 (dangerous goods) and 2 (toxic substances) of the notice. Part 2 of schedule 8 requires all parts of a stationary container system to be designed, constructed, installed, operated, maintained, tested and repaired so that the system contains any hazardous substance that is put into it without any leakage of that substance when subjected to expected operating temperatures, pressures and stresses, loadings and environmental conditions.

Parts 5 and 6 of schedule 8 specifies standards for both above ground stationary tanks and below ground stationary tanks for hazardous liquids. Various standards are specified for their design and construction and for the installation and operation of tanks to prevent their damage. Part 8 has standards for disused below ground tanks. Part 14 has requirements for pipe work conveying hazardous substances. Part 17 has standards for the marking of stationary tanks and requirements to have a plan available for inspection which describes the physical position of stationary container systems. Part 18 includes requirements for the repair, alteration, maintenance and inspection of above ground and below ground tanks to ensure that they continue to meet the standards and codes to which the tank was designed and constructed. The maintenance requirements for below ground tanks include requirements to undertake inventory control checks and leak-testing.

c) The Code of Practice for the Management of Existing Stationary Container Systems up to 60,000 litres Capacity. This was approved in April 2008 by the Environmental Risk Management Authority as an approved code of practice under the Hazardous Substances and New Organisms Act 1996. This code of practice applies to stationary tanks used to contain hazardous liquids that were in use at the commencement date of the Transfer Notice and:

• do not fully meet the requirements of schedule 8 of the Transfer Notice, and/or

• do not meet the requirements for secondary containment of the Hazardous Substances (Emergency Management) Regulations 2001.

C. Requiring the storage, use and disposal of any chemical or contaminant to be in such a way that this does not result in a nuisance or risk to public health and safety.

The word contaminant is defined in the bylaw and covers any type of substance that, when discharged to water or land can damage the physical, biological or chemical condition of that water or land.

a. Storage

12. As noted above the Hazardous Substances (Emergency Management) Regulations 2001 which came into force in July 2001 requires the secondary containment of any liquid hazardous substance that is kept in quantities that exceeds the thresholds outlined in schedule 4 of these regulations. The regulations apply to both surface containers and below ground containers for liquids or substances likely to liquefy in a fire. Schedule 9 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice which regulates the storage of dangerous goods and toxic substances, also has requirements for secondary containment systems for the storage of class 3.1 (flammable liquids) as does the Code of Practice for the Management of Existing Stationary Container Systems up to 60,000 litres capacity.

b. Use

13. The use of chemicals or contaminants in a way that does not result in a nuisance or risk to public health and safety is controlled by a number or instruments:

• The Resource Management Act e.g. section 15: discharges of contaminants into the environment.

• The proposed Auckland Unitary Plan e.g. Chapter H section 4.6: Managing hazardous substances and section 4.8: Industrial and Trade Activities.

14. The chief executive of a local authority is only required to ensure that the provisions of the Hazardous Substances and New Organisms Act 1996 are enforced in public places and in places other than work places. He/she can however enforce the provisions of the Act in other places for the purpose of enforcing the provisions of the Resource Management Act.

c. Disposal

15. The disposal of chemicals and contaminants is controlled by instruments such as:

The Hazardous Substance (Disposal) Regulations 2001.

16. These regulations which came into force in July 2001 have disposal requirements for hazardous substances, packages and containers for class 1, 2, 3, 4, 5, 6, 8 and 9 substances. For each class of substance the regulations describe what are suitable means of treatment for disposal, and what is not. Note that class 7 is an unallocated class. These regulations also require any one who manufactures, imports or supplies a hazardous substance to another person in a quantity that exceeds that of schedule 1 of the regulations to provide that person with information on the appropriate method of disposal of that substance in accordance with the regulations.

The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

17. The provisions/requirements of this standard are discussed above.

National Environmental Standard for Air Quality

18. This standard bans the burning of tyres, copper wire and oil in the open air, the burning of bitumen used in road maintenance, the deliberate use of landfill fires and controls the use of school and healthcare incinerators. The standard also bans the construction of new high temperature hazardous waste incinerators.

The Auckland Council Trade Waste Bylaw 2013

19. The Trade Waste bylaw seeks to protect people and the environment from the adverse effects of harmful substances discharged to the wastewater system.

The Auckland Council Solid Waste Bylaw 2012

20. The provisions of this bylaw prevent the disposal of prohibited waste in a public place for collection. Prohibited waste in this bylaw includes any hazardous waste that contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by the Hazardous Substances (Minimum Degree of Hazard) Regulations 2000 or meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433:1999 – Transport of Dangerous Goods on Land.

Consideration

Local Board Views

21. The views of all local boards that are within the legacy Auckland City Council area, where the Auckland City Council Hazardous Substances Bylaw 2008 applies, will be sought before a recommendation is made to the Regulatory and Bylaws Committee to let this bylaw lapse.

Maori Impact Statement

22. Consultation with Maori occurred during the development of the Proposed Auckland Unitary Plan and resulted in a new set of standards for the management of hazardous substances in Auckland. Analysis of the current bylaw, national environmental standards and other legislation, relevant iwi management plans and consultation indicates that the revoking of this bylaw will not have any impact on the way that hazardous substances are managed by Auckland Council.

General

23. The chief executive of a local authority is only required to ensure that the provisions of the Hazardous Substances and New Organisms Act 1996 are enforced in public places and in places other than work places. Despite the lapsing of this bylaw the council can however enforce the provisions of the Act for the purpose of enforcing the provisions of the Resource Management Act. Section 15 of the Resource Management Act allows the council to manage discharges of contaminants into the environment and the council will continue to exercise this function through the proposed Auckland Unitary Plan.

Implementation Issues

24. There are no implementation issues if this bylaw is allowed to lapse.

Attachments