I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:
|
Date:
Time:
Meeting Room:
Venue:
|
Tuesday, 4
November 2014
1.30pm
Committee
Meeting Room
Civic 15
1 Greys Avenue
Auckland
|
|
Hearings Committee
OPEN AGENDA
|
MEMBERSHIP
|
Chairperson
|
Cr Linda Cooper, JP
|
|
|
Deputy Chairperson
|
Cr Penny Webster
|
|
|
Members
|
Cr Anae Arthur Anae
|
|
|
|
Cr Chris Darby
|
|
|
|
Cr Calum Penrose
|
|
|
|
Mr David Taipari
|
|
|
|
Cr Wayne Walker
|
|
|
|
Mr Glenn Wilcox
|
|
|
Ex-officio
|
Mayor Len Brown, JP
|
|
|
|
Deputy Mayor Penny Hulse
|
|
(Quorum 3 members)
|
|
|
Louis Dalzell
Democracy Advisor
29 October 2014
Contact Telephone: (09) 373 6211
Email: louis.dalzelll@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
|
The Hearings Committee will have responsibility for:
·
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 delegation cannot be sub-delegated;
·
Hearing and determining matters arising under
bylaws, including applications for dispensation from compliance with the
requirements of 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 Hearings
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 decision makers
including responding to complaints made about decision makers;
·
Where decisions are appealed or where the
Hearings Committee decides that the Council itself should appeal a decision,
directing the conduct of any such appeals; and
·
Adopting 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 Hearings 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 Hearings Committee.
Relevant legislation includes but is not
limited to:
|
Resource Management Act 1991;
Building Act 2004;
Local Government Act 2002;
Local Government Act 1974;
Local Government (Auckland Council Act) 2009;
Local Government (Auckland Transitional Provisions) Act 2010;
Dog Control Act 1996;
|
Fencing of Swimming Pools Act
1987;
Gambling Act 2003;
Sale of Liquor Act 1989;
Sale and Supply of Alcohol Act 2012
Health Act 1956;
Biosecurity Act 1993;
Related Regulations; and
Council Bylaws.
|
|
Hearings
Committee
04 November
2014
|
|
ITEM TABLE OF CONTENTS PAGE
1 Apologies 5
2 Declaration of Interest 5
3 Confirmation of Minutes 5
4 Local Board Input 5
5 Extraordinary Business 5
6 Notices of Motion 6
7 Objection against a Menacing Dog Classification
This report was not available when the agenda was complied.
The report will be provided under separate cover when it is
available.
8 Appointment of a Hearings
Panel to hear submissions on the draft Auckland Council Local Approved Product
Policy 7
9 Appointment of Independent
Commissioners: Resource Consent Application for Demolition, 43 Arthur Street,
Freemans Bay
This report was not available when the agenda was complied.
The report will be provided under separate cover when it is available.
10 Consideration of Extraordinary Items
PUBLIC EXCLUDED
11 Procedural Motion to Exclude the Public 11
C1 Resource Consent Appeals: Status Report 4 November 2014 11
At the close of the agenda apologies for absence have been received from
Member G Wilcox and Deputy Mayor PA Hulse.
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.
At the close of the agenda no requests for declarations of interest
had been received.
3 Confirmation of Minutes
|
That the Hearings Committee:
a)
confirm the ordinary minutes of its meeting,
held on Tuesday, 14 October 2014, including the
confidential section, as a true and correct record.
|
4 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.
5 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.”
6 Notices of Motion
At the close of the agenda no requests for notices of motion had
been received.
|
Hearings
Committee
04 November
2014
|
|
Appointment of a Hearings Panel to hear submissions on
the draft Auckland Council Local Approved Product Policy
File No.: CP2014/23788
Purpose
1. To
appoint a hearings panel to hear submissions on the Auckland Council’s draft
Local Approved Product Policy and to deliberate and make recommendations to the
Regional Strategy and Policy Committee.
Executive
summary
2. Auckland
Council is developing a Local Approved Product Policy (LAPP), in accordance
with the Psychoactive Substances Act 2013 (the Act). The
Act empowers local authorities to make rules setting out where approved
psychoactive products may be sold. Once adopted, the LAPP
will provide these rules for Auckland. The Act requires public consultation on
the LAPP to be conducted through a special consultative procedure.
3. The Regional
Strategy and Policy Committee approved a draft Local Approved Product Policy
for public consultation on 9 October 2014. The special consultative procedure
commenced in late October, with the period for submissions running for one
month.
4. A hearings
panel will consider the submissions and make any recommendations to amend the
LAPP to the Regional Strategy and Policy Committee.
5. Hearings would
be scheduled for February 2015.
6. Staff estimate
that hearing submissions will take up to 5 days, including one day for local
boards to present their views, with another day needed for the hearings panel
to deliberate on the submissions.
|
Recommendations
That the Hearings Committee:
a) appoint a
hearings panel of up to five members, including up to four Councillors and
one member of the Independent Māori Statutory Board, to hear submissions
on the Auckland Council’s draft Local Approved Product Policy, deliberate and
make recommendations to the Regional Strategy and Policy Committee
b) delegate
authority to the Chairperson of the Hearings Committee to make replacement
appointments in the event that any member of the hearings panel is
unavailable
c) note the
following in relation to local boards:
i) that throughout
November and December 2014 council staff will gather local boards feedback on
the draft Local Approved Product Policy and that this feedback will be
provided to the hearings panel for its consideration
ii) that staff
will schedule a day for local boards to present their feedback directly to
the hearings panel
d) note that
council staff will gather feedback from Māori on the draft Local
Approved Product Policy via hui throughout November and December 2014 and
this feedback will be provided to the hearings panel for its consideration.
|
Comments
Background
7. Auckland
Council is developing a Local Approved Product Policy (LAPP), in accordance
with the Psychoactive Substances Act 2013 (the Act). The
Act empowers local authorities to make rules setting out where approved
psychoactive products may be sold. The Psychoactive Substance Regulatory
Authority will take these rules into account when considering licence
applications.
Requirement for Special Consultative
Procedure and Hearings Panel
8. The Act requires
that the LAPP use the special consultative procedure under the Local Government
Act 2002 to consult with the public. The special consultative procedure will
run for one month from the end of October 2014. A hearings panel will then
consider the submissions and make recommendations to the Regional Strategy and
Policy Committee.
9. Hearings will
be scheduled for February 2015 and the Hearings Panel will report back to the
Regional Strategy and Policy Committee in March or April 2015. The committee will
then be asked to adopt the final policy. Unlike the alcohol policy there is no
separate process for submitters to appeal the decision of the committee so the
Local Approved Product Policy will come into force immediately upon adoption.
Hearings format
10. Staff propose
that the hearings be conducted using a combination of the following:
· Traditional style hearings.
· ‘Forum’ style hearings, which would be similar to workshops and
would be based on the model used as part of the Long Term Plan and Annual Plan
consultation processes.
· Local board feedback
sessions, where by all local boards are invited to provide feedback directly to
the Hearings Panel.
Anticipated volume of
submissions and number of hearing days
11. It is estimated
that five days will be needed to hear submissions and another day for
deliberations. These estimates are based on the figures below that show an
overview of the submissions received during consultation on similar projects
and the significant level of community interest in the topic.
|
Consultation
|
Written submissions received
|
Number of oral submissions heard
|
Number of hearing days (excl.
deliberations)
|
|
Total
|
Pro Forma
|
|
Auckland Council draft Local Alcohol Policy
|
2,688
|
896
|
115
|
7
|
|
Auckland Council draft Gambling Venue Policies
|
10,374
|
10,028
|
61
|
4
|
Consideration
Local
board views and implications
12. Throughout the development of the
draft LAPP, staff have regularly engaged with, and considered the views and
preferences of local boards. Following the approval of the Statement of
Proposal, staff will attend workshops with interested local boards, and report
to all local boards for their feedback via formal resolution. This feedback
will be included in the report to the Hearings Panel along with submissions
that are received from stakeholders and the public.
Māori
impact statement
Engagement
with Māori
13. The consultation process with
Māori has been developed in partnership with Māori agencies. A
workshop has been undertaken with representatives from Hapai Te Hauora Tapui,
an agency representing Māori health providers in the Auckland region, to
provide initial feedback. Council staff are working with the Independent
Māori Statutory Board (IMSB), Te Waka Angamua and Hapai Te Hauora Tapui to
ensure effective engagement with Māori. The initial work has centred on
ensuring information is available to iwi and maata waka. The first of these
hui was held in mid-October.
14. The ongoing
engagement with Māori will take place over two months to ensure there is
sufficient time to conduct hui that are representative of all Māori in
Auckland. Feedback from these hui will be presented to the hearings panel.
Maori also have the ability to lodge submissions on the draft policy.
Attachments
There are no attachments for
this report.
Signatories
|
Authors
|
Callum Thorpe - Principal Policy Analyst
|
|
Authorisers
|
Penny Pirrit - Regional & Local Planning Manager
|
|
Hearings
Committee
04 November
2014
|
|
Exclusion of the Public: Local Government Official
Information and Meetings Act 1987
That the Hearings Committee:
a) exclude the
public from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the specific
grounds under section 48(1) of the Local Government Official Information and
Meetings Act 1987 for the passing of this resolution follows.
This
resolution is made in reliance on section 48(1)(a) of the Local Government
Official Information and Meetings Act 1987 and the particular interest or
interests protected by section 6 or section 7 of that Act which would be
prejudiced by the holding of the whole or relevant part of the proceedings of
the meeting in public, as follows:
C1 Resource Consent Appeals: Status Report 4 November 2014
|
Reason for passing this resolution in relation to each
matter
|
Particular interest(s) protected (where applicable)
|
Ground(s) under section 48(1) for the passing of this
resolution
|
|
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for
withholding exists under section 7.
|
s7(2)(i) - The withholding of the information is necessary
to enable the local authority to carry on, without prejudice or disadvantage,
negotiations (including commercial and industrial negotiations).
In particular, to enable the local authority to undertake
without prejudice negotiations of appeals that are before the Environment
Court..
|
s48(1)(a)
The public conduct of the part of the meeting would be
likely to result in the disclosure of information for which good reason for withholding
exists under section 7.
|
