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Resolution
number RBC/2015/12
MOVED by Chairperson CM Penrose, seconded by
Deputy Chairperson DA Krum:
That the Regulatory and Bylaws Committee:
a)
recommend to the Governing Body of
Auckland Council that it resolves (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
the issues relating to nuisance created on private land
ii)
that pursuant to section 155(2)(a) and
(b) and section 155(3) of the Local Government Act 2002, as described in part
9 of the attached Statement of Proposal, the proposed draft Property
Maintenance and Nuisance Bylaw 2015 is not inconsistent with the New Zealand
Bill of Rights Act 1990 and is the most appropriate form of bylaw
iii) that pursuant to sections 83 and 86 of the Local Government Act
2002 the Statement of Proposal, and proposed draft Property Maintenance and
Nuisance Bylaw 2015 (Attachment A of the report) be approved for public
consultation
iv) that pursuant to sections 145, 146 and 149 of the Local Government
Act 2002 and section 19 of the Health Act 1955, the proposed draft Property
Maintenance and Nuisance Bylaw 2015 is for the purposes of:
(a) requiring private property to be kept in such a manner
that it does not create a nuisance or be likely to be injurious to health;
(b) protecting, promoting, and maintaining public health and
safety by restricting the feeding of wild or feral animals;
(c) protecting, promoting, and maintaining public health and
safety by requiring all industrial water cooling tower systems to be
registered with the council and regularly tested to mitigate against an
outbreak of Legionnaire’s Disease.
v)
that pursuant to section 62 of the
Local Government (Auckland Transitional Provisions) Act 2010 and 156 of the
Local Government Act 2002, Auckland Council proposes to revoke the following
legacy council bylaws:
(a) Auckland City Council Environmental Protection Bylaw 2007
– except for the definitions in clause 13.1 and clauses 13.5.1 to 13.5.6;
(b) North
Shore City Bylaw 2000 – Part 7 – Environmental Protection - Nuisances Arising
On Private Land;
(c) Waitakere
City Council – Control of Intruder Alarm Systems Bylaw 2010.
vi) that pursuant to section 63 of the Local Government (Auckland
Transitional Provisions) Act 2010 the council proposes to confirm the definitions in clause 13.1 and clauses 13.5.1 to 13.5.6 of the Auckland City Council Environmental Protection Bylaw 2007 to
ensure transitional regulation of spill lighting in the legacy Auckland City
area until the Proposed Auckland Unitary Plan has legal effect.
b)
appoint a hearing panel comprised of
three elected members, of which one is appointed as chairperson of the panel,
to hear submissions on the making of the draft Property Maintenance and
Nuisance Bylaw 2015 and review the legacy environmental protection bylaws,
deliberate and make recommendations to the Governing Body.
c)
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 (b) is unavailable.
d)
that the Manager, Social Policy and
Bylaws be authorised 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 or the
Governing Body.
CARRIED
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