I hereby give notice that an ordinary meeting of the Regulatory and Bylaws Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Wednesday, 19
March 2014
2.00pm
Reception
Lounge
Auckland Town Hall
301-305 Queen Street
Auckland
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Regulatory and Bylaws Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Calum Penrose
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Deputy Chairperson
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Denise Krum
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Members
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Cr Bill Cashmore
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Cr Linda Cooper, JP
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Cr Alf Filipaina
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Cr Sharon Stewart, QSM
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Member John Tamihere
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Cr John Watson
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Member Glenn Wilcox
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Cr George Wood, CNZM
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Ex-officio
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Mayor Len Brown, JP
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Deputy Mayor Penny Hulse
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(Quorum 5 members)
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Rita Bento-Allpress
Democracy Advisor
12 March 2014
Contact Telephone: (09) 307 7541
Email: rita.bento-allpress@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
|
TERMS
OF REFERENCE
The Regulatory and Bylaws Committee will be responsible for:
·
Considering and making recommendations to the
Governing Body regarding the regulatory and bylaw delegations (including to
Local Boards);
·
Regulatory fees and charges in accordance with
the funding policy;
·
Recommend bylaws to Governing Body for special
consultative procedure;
·
Appointing hearings panels for bylaw matters;
·
Review Local Board and Auckland water
organisation proposed bylaws and recommend to Governing Body;
·
Set regulatory policy and controls, and maintain
an oversight of regulatory performance;
·
Engaging with local boards on bylaw development
and review; and
·
Exercising the Council's powers, duties and
discretions under the Sale of Liquor Act 1989 and the Sale and Supply of
Alcohol Act 2012
Relevant legislation includes but is not
limited to:
Local Government Act 2002;
Resource Management Act 1991;
Local Government (Auckland Council) Act 2009;
Health Act 1956;
Dog Control Act 1996;
Waste Minimisation Act 2008;
Land Transport Act 1994;
Maritime Transport Act 1994;
Sale of Liquor Act 1989;
Sale and Supply of Alcohol Act 2012; and
All Bylaws.
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Regulatory and
Bylaws Committee
19 March 2014
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|
ITEM TABLE OF
CONTENTS PAGE
1 Apologies 5
2 Declaration of Interest 5
3 Confirmation of Minutes 5
4 Petitions 5
5 Public Input 5
5.1 Anne Murphy and Christina Galvin - BizKids 5
5.2 Barbara Wilkinson - Waiheke Dog Review 6
6 Local Board Input 6
7 Extraordinary Business 6
8 Notices of Motion 7
9 For information: Urgent Decision - Temporary Alcohol bans
for the Big Day Out 2014 9
10 Cemeteries and Crematoria Bylaw - Statement of Proposal 15
11 Bylaws review and implementation programme update and
hearings panels - March 2014 121
12 Consideration of Extraordinary Items
An apology from
Cr AM Filipaina has been received.
2 Declaration of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
3 Confirmation of Minutes
|
That the Regulatory and Bylaws Committee:
a)
confirm the ordinary minutes of its meeting,
held on Tuesday, 3 December 2013, as a true and
correct record.
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4 Petitions
At the close of
the agenda no requests to present petitions had been received.
5 Public Input
Standing Order
3.21 provides for Public Input. Applications to speak must be made to the
Committee Secretary, in writing, no later than two (2) working days
prior to the meeting and must include the subject matter. The meeting
Chairperson has the discretion to decline any application that does not meet
the requirements of Standing Orders. A maximum of thirty (30) minutes
is allocated to the period for public input with five (5) minutes
speaking time for each speaker.
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5.1 Anne Murphy and
Christina Galvin - BizKids
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Purpose
1. To provide an opportunity for Anne Murphy,
Whangaparaoa Plaza Manager, and Christina Galvin, BizKids Manager, to speak
to the Regulatory and Bylaws Committee on behalf of the BizKids initiative.
Executive Summary
2. Ms Murphy and
Ms Galvin will give a presentation regarding the selling of baking at BizKids
events.
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|
Recommendation
That the Regulatory and Bylaws Committee:
a) thank Anne Murphy, Whangaparaoa Plaza Manager, and
Christina Galvin, BizKids Manager, for their presentation regarding the
selling of baking at BizKids events.
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5.2 Barbara Wilkinson -
Waiheke Dog Review
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Purpose
1. To provide an
opportunity for Barbara Wilkinson to speak to the Regulatory and Bylaws Committee
on the process, progress and current status of Waiheke’s Dog Review.
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Recommendation
That the Regulatory and Bylaws Committee:
a) thank Barbara
Wilkinson for her presentation regarding the Waiheke dog review.
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6 Local Board Input
Standing Order
3.22 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give two (2) days notice of their wish to
speak. The meeting Chairperson has the discretion to decline any application
that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 3.9.14 to speak to matters on the
agenda.
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.”
8 Notices of Motion
At the close of
the agenda no requests for notices of motion had been received.
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Regulatory and
Bylaws Committee
19 March 2014
|
|
For
information: Urgent Decision - Temporary Alcohol bans for the Big Day Out 2014
File No.:
CP2014/00318
Purpose
1. To inform the
Regulatory and Bylaws Committee of the urgent decision made on 10 January 2014
regarding a temporary alcohol ban for the Big Day Out on 17 January 2014.
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Recommendation
That the Regulatory and Bylaws Committee:
a) note the
urgent decision made on 10 January 2014 regarding a temporary alcohol ban for
the Big Day Out on 17 January 2014.
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Attachments
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No.
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Title
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Page
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aView
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Urgent Decision - Temporary Alcohol
bans for the Big Day Out 2014
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11
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Signatories
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Authors
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Rita Bento-Allpress - Democracy Advisor
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Authorisers
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Roger King - Manager Bylaws, Business Development and
Support
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|
Regulatory and
Bylaws Committee
19 March 2014
|
|
|
Regulatory and
Bylaws Committee
19 March 2014
|
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Cemeteries and Crematoria Bylaw - Statement of
Proposal
File No.:
CP2014/02962
Purpose
1. The purpose of
the report is for the Regulatory and Bylaws Committee to recommend to the
governing body that a bylaw is the most appropriate way to manage council-owned
cemeteries and crematoria, and to recommend the adoption of a statement of
proposal (with a proposed bylaw) for public consultation, to be conducted in
early 2014.
Executive
Summary
2. Under the Local Government
(Auckland Council) Act 2009 the legacy cemeteries and crematoria bylaws are deemed
to have been made by Auckland Council. Like all the bylaws inherited by
Auckland Council, these bylaws remain operative until 31 October 2015, where
after they lapse. This presents Auckland Council with an opportunity to review
the legacy bylaws to ensure they meet the requirements of the council and the
community. This includes considering if a bylaw is the most appropriate method
of dealing with the issues faced by the council. All legacy councils had
cemeteries and crematoria bylaws addressing various activities in council-owned
or operated cemeteries and crematoria; this review proposes to align the
general management of these cemeteries and crematoria while retaining an
element of local variation.
3. As part of the issues and
options analysis, council staff have identified all possible regulatory
responses, and recommended the appropriate mechanism(s) available to the
council when considering these. This includes recommending the proposed bylaw
to regulate operational council-owned or operated cemeteries and crematoria,
supported by a Code of Practice detailing specific process. Issues that have
been addressed by other regulatory or non-regulatory means are recommended to
be removed from the proposed bylaw and managed via existing mechanisms.
4. The management issues of
operational council-owned or operated cemeteries and crematoria have been
identified through the review of the current bylaws and pre-consultation with
political, internal and external stakeholders. These included elected
members of the governing body of Auckland Council (Regulatory and Bylaws Committee Working Party), all local boards, council departments and units, and a range of
industry stakeholders such as funeral directors.
5. The proposed bylaw is not
inconsistent with the New Zealand Bill of Rights Act 1990 and is in the most
appropriate form. It meets the requirements of section 155 of the Local
Government Act 2002. The council proposes the revocation of the legacy bylaws
and the making of a new Cemeteries and Crematoria Bylaw 2014 supported by a
Code of Practice.
6. In drafting the proposed bylaw
and code of practice, council staff have considered the most appropriate form
of a bylaw for each problem, and recommend a code of practice to contain
specific requirements for council-owned and operated cemeteries and crematoria.
The standards to be met are informed by the most up-to-date advice from
cemetery managers and those involved in the industry.
|
Recommendations
That the Regulatory and Bylaws Committee:
a) recommend to the governing body
of Auckland Council that it resolve (i) to (vi) as follows:
i) that pursuant to section 155(1) of the
Local Government Act 2002, a bylaw is the most appropriate way of addressing
management issues relating to council-owned cemeteries and crematoria;
ii) that under section 155(2)(a) of the
Local Government Act 2002, the proposed draft Cemeteries and Crematoria Bylaw
2014 is the most appropriate form of bylaw to manage issues in council-owned
cemeteries and crematoria;
iii) that under section 155(2)(b) of the
Local Government Act 2002, the proposed draft Cemeteries and Crematoria Bylaw
2014 is not inconsistent with the New Zealand Bill of Rights Act 1990;
iv) that under section 62 of the Local
Government (Auckland Transitional Provisions) Act 2010, Auckland Council
proposes to revoke in full seven legacy bylaws and revoke the relevant
provisions of one other legacy bylaw on cemeteries and crematoria (and
replace them with the proposed draft Cemeteries and Crematoria Bylaw 2014);
v) that under sections 83 and 86 of the Local
Government Act 2002, Attachment A: Statement of Proposal “Review of
Cemeteries and Crematoria Bylaw 2014”, the draft Cemeteries and
Crematoria Bylaw 2014 and the draft Code of Practice be adopted for public
consultation;
vi) agree that the Manager Policies and
Bylaws be authorised to make any minor edits or amendments to the Statement
of Proposal, the proposed Cemeteries and Crematoria Bylaw 2014 or the Code of
Practice to correct any identified errors or typographical edits.
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Discussion
7. Auckland Council (the council)
is empowered under section 145 of the Local Government Act 2002 to make bylaws
to protect, promote and maintain public health and safety, and to minimise the
potential for offensive behaviour in public places. Section 146 of that Act
further specifically empowers the council to manage and / or protect cemeteries
from damage, and / or misuse.
8. The Burial and Cremations Act
1964 gives a local authority power to make bylaws in relation to cemeteries
(section 16), providing for the dead in a controlled and respectful manner.
9. From 1 November 2010, all legacy
bylaws are deemed to have been made by Auckland Council. The council is
required to review all of the legacy bylaws by 31 October 2015 after which time
the legacy bylaws are revoked under the Local Government (Auckland Transitional
Provisions) Act 2010.
10. Currently there are eight legacy
bylaws regulating council-owned or operated cemeteries and crematoria. These
legacy bylaws do not provide a common level of regulation. Issues relating to
the management of these cemeteries and crematoria have been identified through
a review of the legacy bylaws in conjunction with a review of other cemeteries
and crematoria management regimes around New Zealand and industry input e.g.
eco-burial stakeholders. These are detailed in Attachment A.
11. The review
identifies the extent of the issues in terms of each activity in order to
recommend the most appropriate means for addressing the issues. There are a
number of regulatory and non-regulatory mechanisms available to the council to
address these activities to ensure council-owned cemeteries and crematoria are
protected from damage and / or misuse. A bylaw is one mechanism, supported by a
code of practice available to the council.
12. Each activity
has been considered for the level of council involvement and responsibilities,
along with the role of external stakeholders.
13. Through this review, council
staff have recommended for each activity whether regulation through a bylaw is
necessary (Options A), or whether using other regulatory or non-regulatory
mechanisms such as existing regulations is appropriate (Option B). There is no
proposed ‘do nothing’ option as these are council-owned properties, therefore
this option does not apply.
14. If regulation is considered the
most appropriate means to manage an activity, the most appropriate form of
bylaw has been considered. The proposed code of practice aims to facilitate the
bylaw creating a user-friendly framework for the council and the public.
15. In summary, the options for each
of the activities requiring council management are:
· Option A:
Regulation through an Auckland-wide bylaw and Code of Practice;
· Option B:
Rely on alternative management approaches.
16. A detailed analysis of each of
the six activities requiring council management has been prepared. This
analysis includes a description of the issue, the current situation, the
mechanisms available to the council, and the preferred option that most
appropriately addresses the activity in the most appropriate form (see
Attachment A).
17. A summary of the recommended
approach is set out in table 1 below.
Table 1: summary of the
recommended approach
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Activities requiring
Council Management
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Option A: Regulation
through an Auckland-wide bylaw and Code of Practice
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Option B: Rely
on alternative management approaches
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|
1
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Interment
- Burial
- Cremation
- Maori
Burial Ground
- Service
Persons
- Eco-burial
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ü
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2
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Disinterment
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ü
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3
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Built Structures
- Vaults;
Mausoleums
- Memorials:
Headstones; plaques; adornments
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ü
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4
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Ground Maintenance
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ü
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5
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Records
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ü
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6
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Additional Activities
- Misconduct
- Animals
- Vehicles
- Soliciting
- Photography
|
|
ü
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18. In determining
the most appropriate form of the bylaw, council staff have reviewed cemeteries
and crematoria bylaws, and consulted industry stakeholders to include the most
relevant standards in a code of practice. These standards relate to activities
requiring council management that occur within council-owned cemeteries and
crematoria. The standards cover interment practices and procedures,
disinterment restrictions, built structure requirements and general maintenance
responsibilities. The Cemeteries and Crematoria Bylaw 2014 makes the code of
practice enforceable under the bylaw.
Consideration
Local
Board Views
19. In August 2013
the views of the Regulatory and Bylaws Working Party was obtained on how best
to address management issues; all local boards received a discussion document
on the issues and options in November 2013. The views of local boards are summarised in Attachment A[1].
Maori
Impact Statement
20. Auckland
Council’s Long-term Plan (LTP) recognises that Auckland’s Māori identity is a special point of
difference in a global city, focusing on kaitiakitanga (guardianship) and wahi
tapu (sacred sites). To achieve an outcome to support this, as well as
incorporate elements of significance in Māori
burials, operational council-owned or operated cemeteries and crematoria, in
those areas set aside as Māori Areas, are managed
in conjunction with Māori Area Komiti’s (being a
committee comprising of nominees delegated to manage the operation of a
specified council-owned Māori Area in Auckland).
21. The legacy Waitakere City Council
(Urupa) Bylaw was reviewed in conjunction with the Waikumete Urupa Komiti (the
komiti) during two hui (August, December 2013). Council staff and the komiti
collaborated together on the proposed code of practice; the komiti supported
including those legacy clauses that were general in nature, within the general
code of practice, and where no other clauses were similar in intent, for these
to be included as Māori Area specific clauses.
Additional communications and correspondence with the komiti and Te Waka
Angamua advisors occurred throughout the drafting period. The komiti supported
the concept of a code of practice that can be easily modified in the future.
General
22. The Regulatory
and Bylaws Committee has the delegated authority to recommend to the governing
body that a bylaw is the most appropriate way to address activities
requiring council management in council-owned or operated cemeteries and crematoria.
It also has the delegated authority to recommend that the Governing Body adopt
the attached Statement of Proposal, draft proposed Cemeteries and Crematoria
Bylaw 2014 and draft Code of Practice for public consultation.
23. The activities requiring council
management, the proposed bylaw and the code of practice have been developed
through pre-consultation with political, internal and external stakeholders,
including elected members of the governing body (Regulatory and Bylaws
Committee Working Party), all local boards, relevant council
departments and units, and a range of industry stakeholders. See Attachment
A[2] for
a full list of stakeholders consulted.
Implementation
Issues
24. There are no implications for the
implementation of the proposed bylaw as all legacy council areas previously had
bylaw provisions to manage council owned or operated cemeteries and crematoria.
Implications of a regional approach to the management of cemeteries and
crematoria should be offset by the ability to retain elements of local
variation.
Attachments
|
No.
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Title
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Page
|
|
aView
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Statement of Proposal
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21
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bView
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Regulatory Impact Statement
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67
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cView
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Proposed Cemeteries and Crematoria
Bylaw
|
91
|
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dView
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Proposed Cemeteries and Crematoria
Code of Practice
|
101
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Signatories
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Authors
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Toni Ferdinands - Policy Analyst
|
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Authorisers
|
Andrew Simon Pickering - Manager, Planning, Policies
and Bylaws
Roger King - Manager Bylaws, Business Development and
Support
|
|
Regulatory and
Bylaws Committee
19 March 2014
|
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Regulatory and
Bylaws Committee
19 March 2014
|
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Regulatory and
Bylaws Committee
19 March 2014
|
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
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Regulatory and
Bylaws Committee
19 March 2014
|
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Bylaws review and implementation programme update and
hearings panels - March 2014
File No.:
CP2014/03803
Purpose
1. This report
provides an update on bylaw review (policy), including hearings panels, and
bylaw implementation (operations). This joint approach to reporting ensures
that our decision-makers have a complete overview of the end-to-end programme
through to 2015.
Executive
Summary
2. Consultation on
the proposed navigation safety bylaw closed on the 17 March 2014. Staff will be
preparing a summary of submissions alongside the full submissions to the
hearings panel.
3. Further
proposed bylaws will be presented to the committee shortly covering the next
set of topics: Outdoor fires; stormwater management; trading in public places;
cemeteries and crematoria; and animal management (covering animals other than
dogs).
4. Panels are also
sought for the cemeteries and crematoria and animal management bylaw reviews.
5. The 2014
programme for review of local dog access rules is well underway with the local
boards that are proposing changes this year. Information about the proposed
changes will be included with material provided as part of the annual dog
registration cycle to minimise costs and ensure coherent communication with
these customers.
6. The governing
body resolved in August 2013 that a bylaw be prepared to allow the council to
set its own fees for alcohol licensing. A report is being prepared for their
next meeting to outline the proposed process for this, taking into account the
specific consultation approach provided in the Sale and Supply of Alcohol Act
and decisions needed to support that.
7. Implementation
projects are underway for the upcoming commencement of the Health and Hygiene
Bylaw (from 1 July 2014) and for the Public Safety and Nuisance Bylaw (from 26
May 2014). Planning for the new Health and hygiene bylaw and associated
licensing has included particular attention for operators where the rules have
changed. The majority of these newly registered premises will receive a visit
from a member of the environmental health team, and a welcome pack that
summarises the standards they are required to meet.
8. The Alcohol
Licensing Readiness project has now completed its work relating to establishing
the new licensing structures needed under the new alcohol act. These are
running as intended from 18 December 2013.
9. Review work is
continuing on further topics to support completion of the review programme by
October 2015, alongside implementation planning for the resulting changes.
10. No formal
requests for local board bylaws have been received over the period covered by
this report. Two alcohol control requests have been progressed.
11. The investment
proposal for the integrated programme is being progressed to ensure this can be
submitted for consideration as part of preparing the draft 2015-2025 Long-term
Plan.
|
Recommendations
That the Regulatory and Bylaws Committee:
a) note the
progress of the bylaw review and implementation programme that will complete
the review of the legacy bylaws by 2015.
b) agree to:
i) appoint a
Hearing Panel of up to five elected members to hear submissions, deliberate
and make recommendations to the governing body of Auckland Council on the
review of the cemeteries and crematoria bylaws (including any proposed new
bylaw).
ii) appoint a
Hearing Panel of up to five elected members to hear submissions, deliberate
and make recommendations to the governing body of Auckland Council on the
review of the animal management bylaws (including any proposed new bylaw).
c)
note that the following members have been
appointed by the chairperson to the hearing panel for the navigation safety
bylaw: Councillor C Casey, Councillor D Krum, and Councillor C Penrose.
d)
agree that in the event that any member
appointed by the committee under resolutions (b) (i) to (ii) and (c) is
unavailable, the chairperson of the Regulatory and Bylaws Committee be
delegated the power to make a replacement appointment.
|
Discussion
The
bylaw review programme
12. The bylaw review
programme was originally endorsed by this committee in December 2010 (refer
CP2010/00962) and February 2011 (refer CP2011/00453). It will review the legacy
bylaws (that is, the bylaws inherited from the former councils) across
approximately 30 topics. A new bylaw will be prepared for each topic where
appropriate, or a recommendation made that the underlying issue or outcome is
better handled another way.
13. The Regulatory and
Bylaws Committee has ownership of the review and implementation and receives
regular updates. The previous update on the programme was provided in December
2013 (refer CP2013/25824). This report covers December 2013 to February 2014.
It is being provided in March as there is no scheduled April meeting for the
committee.
Update
on review of bylaw topics
14. The current
state of the review work programme is presented in the table below and the
detailed comments for several topics that follow. Attachment A provides an
overview of the timeline for the programme.
15. The table below
includes reviews that have already been completed. It also covers bylaws that
may be folded into other topics (Freedom Camping; Arkles Bay Set Netting); the
ongoing local boards’ review of dog access rules; and the review that must take
place within five years of any bylaw’s adoption.
Table 1: Summary of status and next steps for review of bylaw topics
|
Topic
|
Status and Progress – 7 stages
|
Comments
|
|
|
Status
|
1-Preparation
|
2-Pre-consultation
|
3-Options
|
4-Write Bylaw
|
5-Adopt draft
|
6-Spec Cons Proc
|
7-Adopt final
|
|
|
Reviews completed
|
|
|
|
|
|
|
|
|
|
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Dog management
|
G
|
|
|
|
|
|
|
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Completed
|
|
Election Signs
|
G
|
|
|
|
|
|
|
|
Completed
|
|
Food safety
|
G
|
|
|
|
|
|
|
|
Completed
|
|
General administration
|
G
|
|
|
|
|
|
|
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Completed
|
|
Health & hygiene
|
G
|
|
|
|
|
|
|
|
Completed
|
|
Offensive trades
|
G
|
|
|
|
|
|
|
|
Completed
|
|
Public safety and nuisance
|
G
|
|
|
|
|
|
|
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Completed
|
|
Solid waste (Waste m/ment)
|
G
|
|
|
|
|
|
|
|
Completed
|
|
Trade waste
|
G
|
|
|
|
|
|
|
|
Completed
|
|
Transport (Auckland Transport)
|
G
|
|
|
|
|
|
|
|
Completed
|
|
|
|
|
|
|
|
|
|
|
|
|
Work programme
|
|
|
|
|
|
|
|
|
|
|
Navigation Safety
|
G
|
|
|
|
|
|
|
|
See below
|
|
Outdoor / Rural fires
|
G
|
|
|
|
|
|
|
|
|
|
Trading in public places
|
G
|
|
|
|
|
|
|
|
See below
|
|
Stormwater management
|
G
|
|
|
|
|
|
|
|
|
|
Signs
|
G
|
|
|
|
|
|
|
|
See below
|
|
Election signs
|
G
|
|
|
|
|
|
|
|
|
|
Alcohol licensing fees
|
G
|
|
|
|
|
|
|
|
See below
|
|
Alcohol controls
|
G
|
|
|
|
|
|
|
|
|
|
Animal management
|
G
|
|
|
|
|
|
|
|
|
|
Air quality
|
G
|
|
|
|
|
|
|
|
|
|
Boarding houses and Hostels
|
G
|
|
|
|
|
|
|
|
|
|
Cemeteries and crematoria
|
G
|
|
|
|
|
|
|
|
|
|
Commercial sex industry
|
A
|
|
|
|
|
|
|
|
On hold pending unitary plan outcomes
|
|
Construction and development
|
G
|
|
|
|
|
|
|
|
|
|
Onsite wastewater
|
G
|
|
|
|
|
|
|
|
|
|
Hazardous Substances
|
G
|
|
|
|
|
|
|
|
See below
|
|
Orakei Basin
|
G
|
|
|
|
|
|
|
|
|
|
Recreational and cultural Facilities
|
G
|
|
|
|
|
|
|
|
|
|
Transport (Parks / AC controlled land
|
G
|
|
|
|
|
|
|
|
|
|
Water supply and wastewater (reticulation)
|
G
|
|
|
|
|
|
|
|
|
|
Wharfs & Marinas
|
G
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Other work
|
|
|
|
|
|
|
|
|
|
|
Review - local dog access rules
|
G
|
|
|
|
|
|
|
|
Reviews by local boards - ongoing
|
|
Freedom camping
|
G
|
|
|
|
|
|
|
|
|
|
Arkles Bay set netting
|
G
|
|
|
|
|
|
|
|
|
|
Five year reviews
|
B
|
|
|
|
|
|
|
|
|
Status summary codes
|
G
|
Green - Work is
progressing as planned, due date will be met or any revised date will not
have wider impacts
|
|
A
|
Amber – Original
due date at risk of being missed and this may have wider impacts; or an issue
has arisen.
|
|
R
|
Red - Due date has
or will be missed and this will have wider impacts; or an issue has arisen
that will have wider or significant impacts.
|
|
B
|
Blue - Not yet
scheduled. However, background work is underway.
|
Table 2:
Additional comments for particular topics in the bylaw review programme
|
Public safety & nuisance
|
On
track
|
G
|
|
This bylaw topic crosses the jurisdiction
of both Auckland Council and Auckland Transport. Auckland Council adopted its
version of this bylaw in August 2013, and Auckland Transport its version in
November 2013. These bylaws come into force in May 2014.
|
|
Navigation safety
|
On
track
|
G
|
|
Public submissions are being invited on
this topic from 14 February to 17 March. After the first week, over 200
submissions had been received. A range of communication approaches –
including radio and attendance at relevant events – are underway to help
publicise the proposal and invite submissions.
|
|
Trading in public places (policy and
bylaw)
|
On
track
|
G
|
|
This review will deliver a single draft
policy and two draft bylaws (for the council and Auckland Transport).
Drafting of these is well underway. It is expected that these will be
reported to this committee and then the governing body in May. Any new bylaws
could come into force for July 2015 (allowing any fee changes to also be put
in place with the council’s long-term plan).
|
|
Signs
|
On
track
|
G
|
|
Discussions with local boards are
currently underway to identify their views on particular matters including
local approaches to issues such as sandwich boards and cross-street banners.
Comments from those discussions and other discussions with representatives of
businesses and the signage industry will support the preparation of a draft
bylaw later in 2014.
This project is also monitoring the
progress of the Proposed Auckland Unitary Plan, as this plan also includes
signage provisions.
|
|
Alcohol licensing fees
|
On
track
|
G
|
|
The council has endorsed adopting a bylaw
with its own alcohol licensing fee amounts, to take affect from 1 July 2014
(refer governing body meeting of 22 August 2013, item 13, GB/2013/83). The
process for adopting an alcohol licensing fee bylaw uses specific provisions
for targeted consultation, rather than the special consultative procedure.
A proposed approach to deliver this bylaw
will shortly be provided to the governing body as part of their oversight of
alcohol-related matters. To better recognise the connections between
licensing fees and other alcohol matters and ensure an integrated approach is
taken, the governing body might choose to exercise certain powers that
generally sit with relevant committees (including the Regulatory and Bylaws
committee) for this particular bylaw.
|
|
Hazardous substances
|
On
track
|
G
|
|
The former Auckland City Council had a
hazardous substances bylaw. A review of this bylaw has indicated that the
issues it covered are now addressed adequately through other means, including
provisions in other bylaws, the Resource Management Act, National
environmental standards, and regulations made under various acts.
Comment is being sought from the local
boards where the legacy bylaw currently applies, following which a proposed
approach (that could include allowing the bylaw to lapse in 2015) will be
brought to the committee.
|
|
Dog access review
|
On
track
|
G
|
|
Local boards are able to review dog
access rules for local parks and local beaches in their areas. This allows a
better response to community views than was possible under the legacy
council’s approach.
A three-year programme has been developed
with the local boards. For 2014, the review is proposed to include some areas
within the following local boards: Kaipatiki, Orakei, Maungakiekie-Tamaki,
Puketapapa, and Hibiscus and Bays.
To ensure that registered dog owners are
advised of the proposed changes (as required by legislation) the council is
intending to include relevant material within the dog registration package.
This will reduce costs, and ensure that dog owners receive a single combined
communication from the council, rather than multiple messages.
Further access review changes are planned
for each of the next two years.
|
Hearings panels
16. This committee established hearings panels for five topics at its
meeting in December 2013 (item 13, refer RBC/2013/9). These topics are expected to be consulted on over March to July
2014. Table 3 below notes current membership of these panels.
17. The burden of the hearings panel membership has fallen on a small
number of councillors, staff would encourage councillors to consider their
involvement in the process. If the diary commitments of the councillors limit
their availability to sit on the hearings panels for the various bylaws, this
could be an opportunity to draw from our elected representatives of the local
boards.
18. The delegated authority given to the Chairperson of the Regulatory
and Bylaws Committee allows for this approach.
Table 3:
Identified members for hearing panels
|
Topic
|
Potential
members
|
|
Navigation
Safety
|
Cr Casey; Cr
Krum; Cr Penrose
|
|
Outdoor Fires
|
Cr Krum; Cr
Penrose
|
|
Stormwater
|
Cr Casey; Cr
Darby; Cr Penrose
|
|
Air Quality
|
Cr Casey; Cr
Krum; Cr Penrose
|
|
Trading in
Public Places (also to include Auckland Transport appointees)
|
Cr Casey; Cr
Krum; Cr Penrose
|
19. Hearings panels will also be needed for two further topics as formal
public consultation starts for these topics.
Cemeteries and Crematoria
bylaws review
20. A proposal from
the Cemeteries and Crematoria Bylaw review is planned to be reported to the
March 2014 meeting of the Regulatory and Bylaws Committee. The written
submission period is currently planned to start in May which would support
hearings and deliberations being scheduled in July 2014 (following analysis of
those submissions).
21. The oral
submissions are expected to take one day (including time for local boards to
present their views), with another half-day needed for the panel to deliberate
on the submissions. It is recommended that this hearings panel has up to five
members.
Animal management (excluding
dogs) bylaws review
22. A proposal from
the animal management bylaw review is planned to be reported to the May 2014
meeting of the Regulatory and Bylaws Committee. The written submission period
is currently planned to start in July which would support hearings and
deliberations being scheduled in September 2014 (following analysis of those submissions).
23. The oral
submissions are expected to take one day (including time for local boards to
present their views), with another day needed for the panel to deliberate on
the submissions. It is recommended that this hearings panel has up to five members.
Update on implementation of new bylaws
24. Implementation of new bylaws, and delivery of the consistent
customer service and public outcomes sought from them requires significant
effort and resources, and cost. The Integrated Review and Implementation
programme (IBRI) was established in the middle of 2012 to deliver these
changes.
25. The table below shows the current status of implementation projects.
Table 4:
Summary of status and next steps for implementation projects
|
Implementation project name
|
Status and
Progress
|
Link to
bylaw topics / Other comments
|
|
|
Status
|
1-Preparation
|
2-Planning
|
3-Implementation
|
4-Closure
|
|
|
Underway
|
|
|
|
|
|
|
|
Alcohol licensing readiness
|
G
|
|
|
|
|
Completed
|
|
Alcohol licensing fees
|
G
|
|
|
|
|
See below
|
|
Animals (Stage 1)
|
G
|
|
|
|
|
Completed
|
|
Dog access review
|
G
|
|
|
|
|
|
|
Electoral Signs 2013
|
G
|
|
|
|
|
Completed
|
|
Electoral Signs 2014
|
G
|
|
|
|
|
|
|
Environmental
|
G
|
|
|
|
|
|
|
Facilities
|
G
|
|
|
|
|
|
|
Food safety
|
G
|
|
|
|
|
Completed
|
|
Health protection
|
G
|
|
|
|
|
Health &
hygiene bylaw and code of practice; See below
|
|
Public safety & nuisance
|
G
|
|
|
|
|
|
|
Revoked bylaws
|
G
|
|
|
|
|
General admin;
Offensive trades; Others
|
|
Signage
|
G
|
|
|
|
|
|
|
Stormwater
|
G
|
|
|
|
|
|
|
Street trading
|
G
|
|
|
|
|
Trading in
public places policy and bylaw
|
|
Waste management
|
G
|
|
|
|
|
Solid waste
bylaw
|
|
|
|
|
|
|
|
|
|
Proposed future
|
|
|
|
|
|
|
|
Air quality
|
B
|
|
|
|
|
|
|
Alcohol controls (liquor bans)
|
B
|
|
|
|
|
|
|
Animals (Stage 2)
|
B
|
|
|
|
|
|
|
Construction
|
B
|
|
|
|
|
|
|
Marine
|
B
|
|
|
|
|
|
|
Transport (AC land)
|
B
|
|
|
|
|
|
Table 5:
Additional comments for particular implementation projects
|
Alcohol licensing readiness
|
On
track
|
G
|
|
The alcohol licensing project has now
completed successfully. This project set out to ensure that the council was
able to implement the requirements of the Sale and Supply of Alcohol Act
2012, including the new licensing system and new fees that had to operate
from 18 December 2013.
|
|
Alcohol licensing fees
|
On
track
|
G
|
|
The governing body has resolved that the
council put its own fees for licensed premises in place for 1 July 2014. This
is provided for in the Sale and Supply of Alcohol Act 2012. The council can
change the fee amounts, using the cost / risk fee categories that have been
set by central government.
Work is underway to capture actual
information on costs, based on operating the new licensing system and the
parts of those costs that can be recovered through licensing fees.
|
|
Health protection
|
On
track
|
G
|
|
The health protection project is
implementing the new Health and Hygiene Bylaw and Code of Practice (which
will come into force from 1 July 2014). A range of user-friendly brochures
that summarise key provisions of the health protection code have been
prepared to help communicate the requirements to all the people who operate
these businesses.
A series of approaches are underway to
help ensure operators are aware of the requirements to be followed. The new
bylaw (with its risk-based approach) has resulted in some premises that are
newly required to be registered, and the communication activities are focused
on these premises. Most of these will receive an individual visit, with an
appropriate information pack.
There are also some premises that no
longer need to be registered with the council, and this is also being
communicated to them.
|
Funding
for bylaw review and implementation
26. The Strategy and Finance Committee made an initial provision for
funding the IBRI programme at its meeting of 9 May 2013 (in part; refer item
16, SF/2013/67). As provided for in the resolution, a further investment
proposal is being prepared for the 2015-2024 Long-term Plan.
27. Current estimates are that the programme will require: Operational expenditure of $652,000 and capital expenditure of $10.034 million for
the 2014/2015 year.
Consideration
Local
Board Views
28. Local boards are
involved in the review of each bylaw topic (consistent with the review’s
principles). This report does not raise any issues specific to local boards
apart from those already noted above.
Maori
Impact Statement
29. This report does
not raise any specific issues relating to Māori, except in relation to the
establishment of hearing panels. Several of these cover matters which are
likely to be of particular interest to Māori.
30. The review of
each topic includes considering whether that topic includes any elements of
special interest to Māori, and if so the appropriate way to seek a greater
level of engagement. Where appropriate, consultation with Māori (on a
particular topic) may be linked to consultation on other related topics through
the Unitary Plan or other initiatives.
Implementation
Issues
31. Implementation
issues are addressed as relevant to each topic, as noted above.
Attachments
|
No.
|
Title
|
Page
|
|
aView
|
Bylaw Review Programme Timing
|
131
|
Signatories
|
Authors
|
Andrew Simon Pickering - Manager, Planning, Policies and
Bylaws
|
|
Authorisers
|
Roger King - Manager Bylaws, Business Development and
Support
|
|
Regulatory and
Bylaws Committee
19 March 2014
|
|
