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.
EXCLUSION OF THE PUBLIC – WHO NEEDS TO LEAVE THE MEETING
Members of the public
All members of the public must leave the meeting when the
public are excluded unless a resolution is passed permitting a person to remain
because their knowledge will assist the meeting.
Those who are not members of the public
General principles
·
Access to confidential information is managed on a “need to know”
basis where access to the information is required in order for a person to
perform their role.
·
Those who are not members of the meeting (see list below) must
leave unless it is necessary for them to remain and hear the debate in order to
perform their role.
·
Those who need to be present for one confidential item can remain
only for that item and must leave the room for any other confidential items.
·
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
·
The members of the meeting remain (all Governing Body members if
the meeting is a Governing Body meeting; all members of the committee if the
meeting is a committee meeting).
·
However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
·
All councillors have the right to attend any meeting of a
committee and councillors who are not members of a committee may remain, subject
to any limitations in standing orders.
Staff
·
All staff supporting the meeting (administrative, senior
management) remain.
·
Only staff who need to because of their role may remain.
Local Board members
·
Local Board members who need to hear the matter being discussed
in order to perform their role may remain. This will usually be if the matter
affects, or is relevant to, a particular Local Board area.
IMSB
·
Members of the IMSB who are appointed members of the meeting
remain.
·
Other IMSB members and IMSB staff remain if this is necessary in
order for them to perform their role.
CCOs
·
Representatives of a CCO can remain only if required to for
discussion of a matter relevant to the CCO.
An apology from Deputy Mayor PA Hulse 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 Monday, 17 November 2014, as a true and
correct record.
|
4 Petitions
At the close of the agenda no requests to present petitions had been
received.
5 Public Input
Standing Order 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.
At the close of the agenda no requests for public input had been
received.
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.
|
Regulatory and
Bylaws Committee
16 December
2014
|
|
Review of
regulations and controls on Tupuna Maunga
File No.: CP2014/27726
Purpose
1. To update the
committee on recent reports to the Maunga Authority in relation to the current
and potential future regulatory framework for the Tūpuna Maunga as well as
an anticipated future programme of work of the Social Policy and Bylaws Unit.
Executive Summary
2. The Maunga
Authority has received three reports at their recent Hui regarding the status
of the current and proposed bylaws of Auckland Council and Auckland Transport
and how they may apply to the Tūpuna Maunga.
3. The Maunga
Authority has requested staff to report on the legal basis and options
available for decision-making in relation to controls on the Tūpuna
Maunga.
4. Once a
preferred regulatory framework has been determined by the Maunga Authority, a review of the relationships with all current and proposed
bylaws is anticipated. This review will support the Authority to provide input
to future proposed bylaws as well as making potential change requests to
current bylaws to accommodate an alignment with the Authority’s chosen
framework.
|
Recommendations
That the Regulatory and Bylaws
Committee:
a) receive the report on the Maunga
Authority review of controls on the Tūpuna Maunga.
|
Discussion
5. The Ngā
Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (Act) vests the
tūpuna maunga in the Tūpuna Taonga o Tāmaki Makaurau Trust Ltd
(Tāmaki Collective Post Settlement Governance Entity) and appoints the
Maunga Authority as the 'administering body' for the maunga under the Reserves
Act 1977.
6. At Hui 2 (6
October 2014) the Maunga Authority was introduced to the Integrated Bylaw
Review and Implementation (IBRI) programme of Auckland Council and was advised
of three bylaws that were scheduled for consultation in the immediate future.
7. At Hui 3 (3
November 2014) staff provided further details on the current and proposed
bylaws of Auckland Council and Auckland Transport. Staff was also requested to
provide a report for Hui 4 to describe the legal basis and options available
for decision-making in relation to controls on the Tūpuna Maunga.
8. At Hui 4 (1
December 2014) a report was provided that detailed the regulatory framework for
decision-making on the Tūpuna Maunga. It also included an analysis of the
current and potential future bylaws of Auckland Council and Auckland Transport
and how they apply to the Tūpuna Maunga. The report also detailed the
options available to the Authority in controlling alcohol and smoking on the
Tūpuna Maunga.
9. The Public
Law team, with support from the Social Policy and Bylaws team, will continue to
work together to provide advice to the Maunga Authority to assist the Authority
in deciding on a regulatory framework for the Tūpuna Maunga.
10. It is
envisioned that the Social Policy and Bylaws Unit will support the Maunga
Authority to review the current and proposed Auckland Council and Auckland
Transport bylaws once the regulatory framework is confirmed.
11. It is
anticipated that as a result of this review programme, the Maunga Authority
will provide input to a number of the proposed bylaws as they make their way
through the process. There also may be some requests to the Committee from the
Maunga Authority to amend one or more bylaws to accommodate the Authority’s
preferred regulatory framework.
12. Future
quarterly update reports to the Regulatory and Bylaws Committee will include
information on the Maunga Authority review programme.
Consideration
Local
Board Views and Implications
13. This report is
for information only. As the anticipated review programme has not yet
commenced, local board views have not yet been sought. The review will include
issues and topics that are of interest to local boards, in particular those
local boards areas in which the Tūpuna Maunga are located. Once the
Maunga Authority has determined its preferred regulatory framework, staff will
be able to more fully analyse and report on those topics and areas of interest
to all and/or specific local boards to obtain their views. Where applicable
detailed engagement and consultation activities will be undertaken.
Māori
Impact Statement
14. This report is
for information only. As the anticipated review programme has not yet
commenced, the views of Māori have not yet been
sought. It is anticipated that the review programme will include aspects that
are of interest to Māori. Once the Maunga Authority
has determined its preferred regulatory framework, staff will be able to more
fully analyse and report on those topics and areas of interest to determine a
suite of relevant engagement and consultation activities to obtain the views of
Māori.
Implementation Issues
15. This report is for information
only and does not raise any implementation issues.
Attachments
There are no attachments for
this report.
Signatories
|
Authors
|
Shireen Munday - Policy Analyst
|
|
Authorisers
|
Helgard Wagener - Team leader, Policies and Bylaws
Michael Sinclair - Team Leader, Regionwide Social
Policy
|
|
Regulatory and
Bylaws Committee
16 December
2014
|
|
Review of Water Supply and Wastewater Network Bylaw
proposed by Watercare Services Limited and revocation of legacy bylaws
File No.: CP2014/28192
Purpose
1. To recommend
to the Governing Body that it resolve that Watercare Services Limited’s
(Watercare) statement of proposal, determination report and proposed Water
Supply and Wastewater Network Bylaw 2015 meet the requirements of the Local
Government (Auckland Council) Act 2009.
2. To recommend
to the Governing Body that Watercare be granted approval to commence the
special consultative procedure to consult with stakeholders and the public on:
· the proposed Water Supply and Wastewater
Network Bylaw 2015; and
· the proposed revocation of Auckland’s
legacy water supply and wastewater bylaws, except for the retention of
provisions that regulate on-site wastewater management.
3. To recommend
to the Governing Body that a number of procedural delegations be provided to
Watercare to enable Watercare to consult with stakeholders and the public on
the proposals above.
Executive
Summary
4. Watercare is the Auckland water
organisation under the Local Government (Auckland Council) Act 2009, with
responsibility for the ownership and effective management of water supply and
wastewater infrastructure and services (including trade waste services) within
Auckland. .
5. In December 2010, Auckland Council (the council)
requested Watercare to undertake a review of Auckland’s water supply and
wastewater bylaws to determine if a new bylaw was required.
6. Water supply and wastewater networks in Auckland
are currently regulated by the following relevant legacy bylaws:
· Auckland City
Council Bylaw No.26 - Water Supply 2008
· Franklin District
Council Water Supply Bylaw 2008
· North Shore City
Bylaw 2000: Part 20 Wastewater
· North Shore City
Bylaw 2000: Part 18 Water Supply
· Papakura District
Council Water Supply Bylaw 2008
· Papakura District
Council Wastewater Bylaw 2008
· Rodney District
Council General Bylaw 1998: Chapter 20 Wastewater Drainage
· Rodney District
Council General Bylaw 1998: Chapter 11 Water Supply
7. Although these bylaws include provisions for the management
of water supply and wastewater networks, they differ in their detail which
results in inconsistencies across Auckland. Watercare has determined that the
most appropriate mechanism for regulating water supply and wastewater networks
is to revoke the network-related aspects of the legacy bylaws and to adopt a
new water supply and wastewater network bylaw for Auckland. The new bylaw
would be made pursuant to the Council's bylaw-making powers under the Local
Government Act 2002.
8. This bylaw review has not
addressed on-site wastewater management, so the review process excludes
Auckland City Council Bylaw No.29 - Waiheke Wastewater or the specific clauses of the other legacy wastewater bylaws that
concern on-site wastewater management (those clauses are identified in Attachment
B of this report). The Auckland City Council Bylaw No.29 - Waiheke
Wastewater and the relevant clauses of the other
legacy wastewater bylaws will therefore be retained for now and reviewed
together in 2015.
9. Pursuant to sections 61 and 62 of the Local
Government (Auckland Council) Act 2009, Watercare has prepared a proposed bylaw
and statement of proposal for which Watercare is required to use the special
consultative procedure provided in the Local Government Act 2002.
10. Council officers consider that the proposed
bylaw satisfies section 61(2) of the Local Government
(Auckland Council) Act, as summarised in Table 1 and in Attachment
A of this report.
11. Under section 63
of the Local Government (Auckland Transitional Provision) Act 2010, Auckland
Council must use the special consultative procedure before revoking the
existing water supply and wastewater bylaws (or relevant parts of the bylaws).
12. To avoid confusion, the two special consultative
procedures should be as seamless as possible. The best method of ensuring this
is to incorporate the two procedures within a single, comprehensive process.
This can be achieved by Auckland Council delegating its section 63 LGATPA
functions to Watercare and Watercare leading the joint special consultative
procedure.
13. Following the special consultative procedure, the final step in this process requires Auckland Council
to make the decision to revoke the existing bylaws (or the relevant parts of
those bylaws) and adopt the new bylaw.
14. This report is
supported by the following five documents:
· section 61 (2)
assessment of the proposed bylaw, completed by Auckland Council (Attachment A);
· a summary of the specific clauses of the
legacy wastewater bylaws that concern on-site wastewater management (those
clauses will be retained until the review of the Auckland City Council Bylaw
No.29 - Waiheke Wastewater is undertaken in 2015) (Attachment
B);
· the statement of proposal, completed by
Watercare (Attachment C);
· the determination report, completed by
Watercare (Attachment D); and
· Watercare’s proposed Water Supply and
Wastewater Network Bylaw 2015 (Attachment E).
|
Recommendations
That the Regulatory and Bylaws
Committee:
a) recommend to
the Governing Body that it agree that the statement of proposal,
determination analysis and the proposed Water Supply and Wastewater Network
Bylaw 2015 provided by Watercare Services Limited meet section 61(2) of the
Local Government (Auckland Council) Act 2009.
b) recommend to
the Governing Body that it approve that, pursuant to sections 61 and 62 of the
Local Government (Auckland Council) Act 2009, Watercare Services Limited
commence the special consultative procedure on the making of the proposed
Water Supply and Wastewater Network Bylaw 2015.
c) recommend
to the Governing Body that it approve, pursuant to section 63 of the Local
Government (Auckland Transitional Provisions) Act 2010, the commencement of
the special consultative procedure, based on the statement of proposal and
determination analysis provided by Watercare Services Limited, for the following
proposed revocations:
i) the
full revocation of the following five legacy bylaws relating to water supply
and wastewater services:
· Auckland City Council Bylaw No. 26
– Water Supply 2008
· Franklin District Council Water
Supply Bylaw 2008
· North Shore City Bylaw 2000: Part
18 Water Supply
· Papakura District Council Water
Supply Bylaw 2008
· Rodney District Council General
Bylaw 1998: Chapter 11 Water Supply
ii) the
revocation in part of the following three legacy bylaws relating to water
supply and wastewater services:
· Papakura District
Council Wastewater Bylaw 2008
· Rodney District
Council General Bylaw 1998: Chapter 20 Wastewater Drainage
· North Shore City
Bylaw 2000: Part 20 Wastewater.
d) recommend
to the Governing Body that it delegate its functions, under section 63 of the
Local Government (Auckland Transitional Provisions) Act 2010, to the
Regulatory and Bylaws Committee for further delegation to Watercare Services
Limited, specifically to conduct the special consultative procedure with
respect to the proposed revocations of the legacy bylaws relating
to water supply and wastewater services.
e) subject to the approval of the Governing Body, agree to delegate
its functions referred to in d) to Watercare Services Limited with effect
from 18 December 2014.
f) appoint
a joint hearing panel with Watercare Services Limited to hear submissions,
deliberate and make recommendations to the Governing Body and to the Board of
Watercare on the proposed Water Supply and Wastewater Network Bylaw
2015 and the revocation of the network- related clauses of legacy water
supply and wastewater bylaws, constituted of: one elected
member, one member of the Independent Māori Statutory Board, and three members to be determined by the
Board of Watercare.
g) delegate
to the chairperson of the Regulatory and Bylaws Committee the power to make a
replacement appointment to the hearings panel in the event that any member
appointed by the committee under resolution (f) is unavailable.
h) authorise the Manager, Social Policies and Bylaws or his delegate
to make any minor edits or amendments to the Statement of Proposal to correct
any identified errors or typographical edits or to reflect decisions made by
the Regulatory and Bylaws Committee.
|
Discussion
Watercare’s
history and current role
15. Watercare was established in 1992 as a Local Authority Trading
Enterprise under the Local Government Act 1974 to own and manage the business
of bulk water and wastewater transmission and treatment within the then defined
metropolitan area of Auckland. It became a Council Organisation in 2002 and
then became a Council Controlled Organisation of the Auckland Council on 1 July
2012.
16. From 1 November 2010, the Local Government (Tamaki Makaurau
Reorganisation) Watercare Services Limited Vesting Order 2010 vested the water
supply and wastewater assets of Auckland's former local authorities, and of
Metrowater and Manukau Water, in Watercare. Watercare is consequently the
owner and manager of the public water supply and wastewater systems in
Auckland.
17. Watercare is
an "Auckland water organisation" under Part 5 of the Local Government
(Auckland Council) Act 2009 (LGACA), which endows Watercare with various
powers, functions and duties. Watercare is required under section 57 of LGACA
to manage its operations efficiently with a view to keeping
the overall costs of water supply and waste-water services to its customers
(collectively) at the minimum levels consistent with the effective conduct of
its undertakings and the maintenance of the long-term integrity of its assets.
It also has the power under sections 61 and 62 of LGACA to propose a bylaw
relating to the management or supply of water supply or wastewater services be
made by the council.
Watercare’s
management of Auckland’s water supply and wastewater services
18. Watercare’s
management of its water supply and wastewater services is focused on three core
objectives:
· protect the public
water supply and wastewater networks from damage, misuse and interference;
· assist in the
provision of safe and efficient water supply and wastewater services in
Auckland; and
· protect the
environment and the health and safety of people using the water supply or
wastewater network.
19. Watercare has access to several mechanisms for managing its water
supply and wastewater networks, including the existing bylaws (noted in this
report), central government legislation and the Watercare customer contract.
What do we
have now?
20. There are
currently nine individual water supply and wastewater bylaws that regulate
water supply and wastewater in Auckland. These are:
· Auckland City Council Bylaw No.26 - Water Supply 2008
· Auckland City Council Bylaw No.29 - Waiheke Wastewater 2008
· Franklin District Council Water Supply Bylaw 2008
· North Shore City Bylaw 2000: Part 20 Wastewater
· North Shore City Bylaw 2000: Part 18 Water Supply
· Papakura District Council Water Supply Bylaw 2008
· Papakura District Council Wastewater Bylaw 2008
· Rodney District Council General Bylaw 1998: Chapter 20 Wastewater
Drainage
· Rodney District Council General Bylaw 1998: Chapter 11 Water Supply
21. This proposal
specifically excludes Auckland City Council Bylaw No. 29 – Waiheke Wastewater
2008 and those provisions in the other legacy wastewater bylaws related to
on-site wastewater disposal. These matters are not the direct responsibility of
Watercare and will be reviewed by Auckland Council as part of its bylaw review
programme in 2015.
Bylaw review
22. Watercare has undertaken a review of Auckland’s water
supply and wastewater legacy bylaws at the request of the council, with the aim
of developing a consistent approach for the management of Auckland’s water
supply and wastewater networks.
23. The
overall issue addressed by this bylaw review is to how to most appropriately
manage the water supply and wastewater network in Auckland. For the purposes
of reviewing the legacy water supply and wastewater bylaws, Watercare has broken down the central issue into 17 specific issues
and considered the appropriate management and/or regulatory tools with respect
to each of those issues. These are outlined in Watercare’s Determination Report
(Attachment D).
24. Another key element of Watercare’s analysis has been to assess how
best to achieve its core management objectives for its water supply and
wastewater services (noted above). The relevant aspects of those management
objectives are reflected in the purpose of the proposed bylaw (Clause 4),
referred to above in paragraph 18.
25. This bylaw review does not address on-site wastewater services, so
this review process does not include Auckland City Council Bylaw No.29 -
Waiheke Wastewater or the specific clauses of the
other legacy wastewater bylaws that concern on-site wastewater management.
26. Auckland City Council
Bylaw No.29 - Waiheke Wastewater and the specific
clauses of the other legacy bylaws that relate to on-site wastewater management
will be retained for now, to ensure that appropriate management of on-site
wastewater in Auckland continues. They will be reviewed together as part of
the integrated bylaw review programme in 2015.
Proposing
a bylaw
27. Under sections
61 and 62 of the Local Government (Auckland Council) Act 2009, the making of a
bylaw proposed by the Auckland water organisation differs from the bylaw making
provisions under the Local Government Act 2002. The Auckland water organisation
(and not Auckland Council) undertakes the analysis to determine the need for a
bylaw relating to the management or supply of water supply or
wastewater services.
28. Section 63 of the Local Government (Auckland
Transitional Provisions) Act 2010 provides that all legacy bylaws will expire
on 31 October 2015. In December 2010 the council requested that Auckland water
organisation (currently Watercare) conduct a review of the legacy water supply
and wastewater bylaws to determine if a new bylaw is required.
29. Auckland
Council is required to notify Watercare of its decision as to whether the
proposed bylaw meets the criteria in section 61(2) of the Local Government
(Auckland Council) Act 2009 as summarised in Table 1
below and in Attachment A of this report. If the council then notifies
Watercare that the criteria in section 61(2) of the Local Government
(Auckland Council) Act 2009 are met.
30. Watercare must
consult on the proposed bylaw using the special consultative procedure.
Following the completion of the special consultative procedure Watercare must
then give notice to Auckland Council of its decision to confirm the proposed
bylaw (either in its original form or as modified through the special
consultative procedure). It then falls to Auckland Council to adopt the
proposed bylaw, having regard to section 62 of Local Government (Auckland
Council) Act 2009.
Table 1: Summary of the council’s section 61(2)
assessment
|
Clause
of Local Government (Auckland Council) Act 2009
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Test
|
Result of assessment
|
|
s61(2)(a)
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The proposed bylaw relates to the management or supply of water
supply and wastewater services.
|
Met
|
|
s61(2)(b)
|
The specified enactment, under which the
proposed bylaw is to be made, authorises the making of the bylaw.
|
Met
|
|
s61(2)(c)
|
The criteria in section 61(2)( c ) involve an
assessment as to whether the proposed bylaw complies with applicable
statutory requirements, including in the Local Government Act 2002 (under
which the bylaw is made) and any other relevant enactment.
|
Met
Council officers have received legal advice on this point.
Council officers have formed the view that the proposed bylaw complies with applicable statutory requirements and
therefore that criteria in section 61(2)(c) are satisfied.
|
|
s61(2)(d)
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The
proposed bylaw is not inconsistent with any strategy, policy, plan or bylaw
of the Council.
|
Met
Assessment
detailed in Attachment A of this report
|
|
s61(2)(e)
|
The proposed bylaw can be implemented and enforced
in a cost-effective manner.
|
Met
As noted in paragraphs
43-44 below, Watercare has
stated in its Determination Report that no
additional human resources and no unbudgeted financial resources will be
required as a result of revoking legacy bylaws and developing a single
Auckland-wide bylaw. The resources currently available to enforce the legacy
water supply and wastewater bylaws are expected to be sufficient for
implementing the proposed Auckland-wide bylaw.
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Revoking a bylaw
31. Section 63(4)
of the Local Government (Auckland Transitional
Provision) Act 2010 requires that Auckland Council must use a special
consultative procedure before revoking a legacy bylaw. Unlike proposing a new
bylaw, this is not a function assigned by the legislation to Watercare.
32. To avoid
confusion by running two separate special consultative procedures, (one for
revoking and one for adopting) these two procedural requirements should be
incorporated within a single, comprehensive process. This can be achieved by
Auckland Council delegating its functions under section 63 of the LGATPA to
Watercare. Due to the restrictions on delegation under Schedule 7 of the Local
Government Act 2002, delegation of the council’s functions under section 63 of
the LGATPA should take place from the Governing Body to the Regulations and
Bylaws Committee for further delegation to Watercare.
33. As
stated above, this bylaw review does not address on-site wastewater
services, so does not include reviewing or revoking Auckland City Council Bylaw
No.29 - Waiheke Wastewater. The specific clauses of the other legacy
wastewater bylaws that concern on-site wastewater management will not be
revoked but will be retained for now, to ensure that appropriate management of
on-site wastewater in Auckland continues (those clauses are identified in Attachment
B). The residual clauses of those bylaws will be reviewed together with
the review of Auckland City Council Bylaw No.29 - Waiheke Wastewater in 2015.
34. With the
appropriate delegation in place, Watercare can then conduct both the special
consultative procedure required for making the new bylaw, and the special
consultative procedure required for revoking the
relevant parts of the existing bylaws, as part of a single,
comprehensive process, removing the potential for customer confusion.
35. Following the special
consultative procedure, Auckland Council must take the final step (by
resolution) of revoking the relevant parts of the legacy water supply and
wastewater bylaws, as it cannot delegate that final power to Watercare.
Options
for managing Auckland’s water supply and wastewater services
36. Watercare has
prepared a detailed analysis of the issues that must be addressed to ensure the
effective and efficient management of Auckland’s water supply and wastewater
services. This includes an outline of the current situation in Auckland,
legislative requirements, the strategic alignment to the council policies and
plans, the mechanisms available to the council (including Watercare), and the
preferred option that most appropriately addresses the perceived issues.
37. The following
options for addressing the issues were considered:
|
Option One
|
Status quo – do nothing
This option would involve continuing to rely on the existing
legacy bylaws until they expire on 31 October 2015, and thereafter relying on
voluntary compliance, Watercare's customer contract and primary legislation
(such as Local Government Act 2002 offence provisions).
|
|
Option Two
|
Revoke legacy bylaws without making new bylaw
This option is similar to the status quo except that the legacy
bylaws would cease to have effect earlier i.e. on the date they were revoked,
rather than 31 October 2015, and thereafter relying on voluntary compliance,
Watercare's customer contract and primary legislation.
|
|
Option
Three
|
Confirm legacy bylaws
This option
would involve the existing legacy bylaws remaining in force after 31 October
2015 (noting that no water supply or wastewater bylaws apply in parts of
Auckland that were formerly within Manukau City and Waitakere City).
|
|
Option Four
|
Revoke legacy bylaws and develop a single Auckland-wide bylaw
This option
would revoke the existing legacy bylaws and address most issues in a new
Auckland-wide bylaw.
|
38. Watercare’s analysis of the options is contained
within the attached Determination Report (Attachment D).
39. As part of the bylaw review process, Watercare
presented a summary of the key issues and management options at a workshop of
the Auckland Council’s Regulatory and Bylaws Committee on 16 September 2014.
Officers have reviewed Watercare’s analysis in its statement of proposal and
determination report; they consider that the issues and options identified in
those reports along with Watercare’s determination that a bylaw is required to
regulate Auckland’s water supply and wastewater networks, is appropriate.
Consideration
Local Board Views and Implications
40. From
October to November 2014, Watercare has sought feedback from the local boards
on the proposal to develop and apply a new Auckland-wide water supply and wastewater
bylaw. The local boards were provided with an overview of issues pertaining to
Auckland’s water supply and wastewater system. Watercare has subsequently
provided a briefing to the local boards that have requested a briefing by
staff; this includes the Rodney, Whau and the Hibiscus and Bays local boards.
A briefing is scheduled for the Kaipatiki Local Board.
41. The views of the local boards have been considered
in the drafting of the bylaw. Local boards will also have the opportunity to
comment through the special consultative procedure.
Maori Impact Statement
42. Watercare
has twice met with a Mana Whenua Kaitiaki Forum. Watercare presented
information on the 17 issues related to the water supply and wastewater system
that have been considered as part of the bylaw review process. Other matters
raised by Forum members were also discussed. The concerns expressed at the
Forum have been considered in the development of the proposed bylaw.
Implementation Issues
43. Watercare is required to manage its operations
efficiently with a view to keeping the overall costs of water supply and
wastewater services to its customers (collectively) at the minimum levels
consistent with effective conduct of its undertaking and the maintenance of the
long-term integrity of its assets.
44. In its Determination Report, Watercare has
stated that no additional human resources and no unbudgeted financial resources
will be required as a result of revoking legacy bylaws and developing a single
Auckland-wide bylaw. The resources currently available to enforce the legacy
water supply and wastewater bylaws are expected to be sufficient for
implementing the proposed Auckland-wide bylaw.
Attachments
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No.
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Title
|
Page
|
|
aView
|
Section 61(2)(d) Assessment of the proposed Water
Supply and Wastewater Network Bylaw
|
21
|
|
bView
|
Proposed revocation of legacy water supply and
wastewater bylaws
|
35
|
|
cView
|
Statement of Proposal
|
37
|
|
dView
|
Determination Report
|
45
|
|
eView
|
Water Supply and Waterwater Network Bylaw
|
75
|
Signatories
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Authors
|
Catherine Temple - Policy Analyst
|
|
Authorisers
|
Helgard Wagener - Manager Policies & Bylaws
Michael Sinclair - Team Leader Social Policy
|
