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, 3
June 2015
9.30am
Room 1, Level
26
135 Albert 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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Cr Calum Penrose
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Deputy Chairperson
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Cr 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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Cr John Watson
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Member Glenn Wilcox
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Member Karen Wilson
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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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Jaimee Maha
Democracy Advisor
27 May 2015
Contact Telephone: (09) 890 8126
Email: jaimee.maha@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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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.
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Regulatory and
Bylaws Committee
03 June 2015
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ITEM TABLE OF
CONTENTS PAGE
1 Apologies 7
2 Declaration of Interest 7
3 Confirmation of Minutes 7
4 Petitions 7
5 Public Input 7
5.1 Public Input - Bob Lack - Air Quality 7
6 Local Board Input 7
7 Extraordinary Business 8
8 Notices of Motion 8
9 Air Quality Update 9
10 Hearings Panel Appointments for Proposed Review of Alcohol
Bans and Proposed Property Maintenance and Nuisance Bylaw 11
11 Review of the Auckland Council Food Safety Bylaw 2013 13
12 Consideration of Extraordinary Items
At the close of the agenda no apologies had 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
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That the Regulatory and Bylaws Committee:
a)
confirm the ordinary minutes of its meeting,
held on Monday, 4 May 2015, 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 Public
Input - Bob Lack - Air Quality
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Purpose
1. To provide
an opportunity for Bob Lack to speak to the Regulatory and Bylaws Committee,
regarding air quality.
Executive
Summary
2. The chair
of the Regulatory and Bylaws Committee has approved the request from Bob Lack
to speak in public input, regarding air quality.
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Recommendation/s
That the Regulatory
and Bylaws Committee:
a) thank Bob
Lack for his public input regarding air quality.
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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
03 June 2015
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Air Quality
Update
File No.: CP2015/09920
Purpose
1. To provide a
summary of the findings of the independent audit of Auckland’s
air quality and the action plan for air quality which will contain both
regulatory and non-regulatory actions which the council can undertake to reduce
air pollution in Auckland’s urban airshed.
Executive Summary
2. At
the Regulatory and Bylaws Committee meeting of 1 April 2015, a report was
presented which advised that council had engaged independent
assistance to provide council with the most up to date information and advice
on options to address PM10 in Auckland. The report also
advised that staff would develop an action plan to move the
council towards compliance with the National Air Quality Standard.
3. Community and
Social Policy staff will provide a presentation to the Regulatory and Bylaws
Committee which will summarise the findings of the independent audit and
present a copy of the proposed draft action plan.
4. Staff note
that the actions contained within this action plan includes non-regulatory
activities that extend beyond the delegations of the Regulatory and Bylaws
Committee and recommend that a report be prepared to go to the Regional
Strategy and Policy Committee to adopt the Air Quality Action Plan.
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Recommendation/s
That the Regulatory
and Bylaws Committee:
a) note
that an Air Quality Bylaw will be developed ahead of September 2016 to retain
the operative rules currently contained in the Auckland Regional Plan: Air
Land Water regulating solid fuel domestic fires, prohibiting the burning of
wet and treated wood and prohibiting using high-sulphur coal as a fuel source
for home heating
b) note that any approval of an Air Quality Action Plan will need to
be considered by the Regional Strategy and Policy Committee.
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Background
5. On 30 October 2014, at the request of the chair of the Regulatory
and Bylaws Committee, the Governing Body resolved to:
a) agree that
the draft Air Quality Bylaw be returned to the Regulatory and Bylaws Committee
for further consideration at its February 2015 meeting, before being
re-presented to the Governing Body for decision (GB/2014/119).
6. On
1 April 2015, staff reported back to the Regulatory and Bylaws, who resolved
to:
a) recognise
the continuance of Auckland’s current standards in the Air, Land and Water Plan
until the completion of the review.
b) note
council will instigate a programme around improvements to air quality through
best practice for home heating with special reference to the non-use of
tantalised timber, wet timber, and coal as the primary steps to improve
Auckland’s air quality. (RBC/2015/3)
7. In
April 2015, the council commissioned an independent air quality expert to
review the most up to date information and develop advice on options to address
air quality in Auckland. This includes:
· an independent audit of
the data and modelling that has informed the development of the draft air
quality bylaw
· a clear and compelling
narrative describing the problem and that reflects the unique context of the
Auckland airshed and the difficulties this poses towards compliance with the
national standards for air quality
· an evaluation of the
effectiveness of a range of regulatory and non-regulatory options including,
but not limited to:
- public awareness campaigns
on the adverse effects of PM10
- initiatives that promote
burning clean, dry wood
- cost neutral incentives to
upgrade open fires to cleaner alternatives
- the individual regulations
proposed within the draft bylaw
- the appropriateness of the
standard for the Auckland problem
Comment
8. Based on the information provided, staff have developed an action
plan to clearly outline what the council is currently doing and will explore doing
in the future to improve air quality in Auckland.
9. Community and
Social Policy staff will provide a presentation to the Regulatory and Bylaws
Committee which will summarise the findings of the independent audit and
present a copy of the proposed draft action plan.
10. Staff note
that the actions contained within this action plan includes non-regulatory
activities that extend beyond the delegations of the Regulatory and Bylaws
Committee and that a report any final approval of an Air Quality Action Plan go
through the Regional Strategy and Policy Committee.
Consideration
Local Board views and implications
11. The
views of the local boards on the measures proposed in the draft bylaw and
statement of proposal were considered by the committee in October 2014. As the
purpose of the report is to update the committee, the views of local boards
were not obtained for this report.
Māori impact statement
12. The views of
Māori on the measures proposed in the draft bylaw and statement of
proposal were considered by the committee in October 2014. As the purpose of
the report is to update the committee, the views of Māori were not obtained
for this report.
Attachments
There are no
attachments for this report.
Signatories
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Authors
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Michael Sinclair - Manager Social
Policy and Bylaws
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Authorisers
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Kataraina Maki – General Manager -
Community & Social Policy
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Regulatory and
Bylaws Committee
03 June 2015
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Hearings Panel Appointments for Proposed Review of
Alcohol Bans and Proposed Property Maintenance and Nuisance Bylaw
File No.: CP2015/08577
Purpose
1. To request
that the Regulatory and Bylaws Committee appoint two hearing
panels to hear submissions on the proposed review of alcohol bans and proposed
draft Property Maintenance and Nuisance Bylaw 2015.
Executive Summary
2. At its
meeting of 4 May 2015 the Regulatory and Bylaws Committee
resolved:
· to adopt the
proposal Review of Alcohol Bans – Regional Significance May 2015 for public
consultation (RBC/2015/11)
· to recommend to the
Governing Body that the proposed draft Property Maintenance and Nuisance Bylaw
2015 be approved for public consultation (RBC\2015\12).
3. The decision
required of the committee is to confirm the members of the two hearing panels
to hear submissions on the proposed draft Property Maintenance
and Nuisance Bylaw 2015 and proposed review of alcohol bans of regional
significance.
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Recommendations
That the Regulatory
and Bylaws Committee:
a) appoint three elected members (one as chair) to a panel to
receive, hear and deliberate on submissions and other relevant information 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.
b) appoint three Regulatory and Bylaws Committee members (one as
chair) to a panel to receive, hear and deliberate on submissions and other
relevant information on the proposed review of
alcohol bans of regional significance and recommend changes to the Regulatory
and Bylaws Committee.
c) appoint
a member of the Independent Māori Statutory Board to each hearing panel.
d) delegate
to the Chairperson of the Regulatory and Bylaw Committee the ability to make
changes to the panel appointed under (a) or (b) where this becomes necessary
because of the withdrawal or unavailability of any of those persons.
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Comments
4. At
its meeting of 4 May 2015 the Regulatory and Bylaws Committee
resolved to adopt the “Proposal Review of Alcohol Bans – Regional Significance
May 2015” for the purposes of a public submission process (RBC\2015\11).
5. The
proposal is to retain five existing alcohol bans and to
lapse the remaining 12 alcohol bans unless sufficient evidence to retain them
is provided by residents through a public submission process.
6. At
its meeting of 4 May 2015 the Regulatory and Bylaws Committee
resolved to recommend to the Governing Body that the Statement of Proposal, and
proposed draft Property Maintenance and Nuisance Bylaw 2015, be approved for
public consultation (RBC\2015\12).
7. The proposed
new Property Maintenance and Nuisance Bylaw seeks to address issues relating
to:
· stored material, debris and refuse
that may create a nuisance
· overgrown sections that may harbour
pests or vermin
· feeding wild birds, fowl, or feral
animals in a manner that may create a nuisance
· derelict or abandoned buildings that
may attract or harbour pests or vermin or create a nuisance
· regulation of industrial water
cooling towers
· provide temporarily for the
regulation of light spillage in the legacy Auckland City area until the
proposed Auckland Unitary plan has legal effect.
8. The
decision required of the committee is to confirm the members of two hearing
panels to hear submissions on the proposed draft Property
Maintenance and Nuisance Bylaw 2015 and proposed review of alcohol bans.
Consideration
Local Board Views and Implications
9. None.
The appointment of the hearing panel is a procedural matter.
Maori Impact Statement
10. Staff
recommend a member of the Independent Māori Statutory Board be appointed to
each hearing panel.
Implementation Issues
11. There are no implementation issues associated with this decision.
Attachments
There are no
attachments for this report.
Signatories
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Authors
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Helgard Wagener - Team Leader
Policies and Bylaws
Kylie Hill - Policy Analyst
Richard Stuckey - Principal Policy
Analyst
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Authorisers
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Kataraina Maki – General Manager -
Community & Social Policy
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Regulatory and
Bylaws Committee
03 June 2015
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Review of the Auckland Council Food Safety Bylaw 2013
File No.: CP2015/09414
Purpose
1. To advise the
Regulatory and Bylaws Committee of staff’s intention to undertake a review of
the Auckland Council Food Safety Bylaw 2013 following amendments to the Food
Act 2014.
Executive Summary
2. On 6 June 2014 the
Food Act (‘the Act’) was passed into law by Parliament and will come into effect on 1 March 2016. The Act brings significant changes to the regulation of food
premises in Auckland and provides limited time for the council to review its
bylaw and adapt its practices. Section 446 of the
Act requires that a bylaw made by a local authority must not be
inconsistent with the Act, or any regulations made pursuant to the Act.
3. Changes to
the national regulatory regime for food safety introduced through this Act have
an impact on the Auckland Council Food Safety Bylaw 2013 adopted by the
Governing Body on 23 May 2013 (GB/2013/48). Preliminary
analysis of the changes indicates that the bylaw does not meet the requirement
of the Act. As a result, an immediate review of the Food
Safety Bylaw is therefore necessary to ensure council’s regulation of food
safety is consistent with the national legislation by 1 March 2016.
4. Staff are advising the committee that this review was not part of
the Bylaws Review Work Programme and has arisen as a result of the changes to
the Act.
5. Staff are currently planning milestones and timing of the review and
will report back as soon as possible with options for bylaw amendments. It is
likely that proposed amendments to the bylaw will need to be considered by the
Regulatory and Bylaws Committee in November to achieve the 1 March 2016
implementation date. Formal public consultation will also need to be
undertaken.
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Recommendation
That the Regulatory
and Bylaws Committee:
a) note staff
will undertake a review of the Auckland Council Food Safety Bylaw 2013
pursuant to Section 446 of the Food Act 2014.
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Signatories
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Authors
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Emma Pilkington - Policy Analyst
Helgard Wagener - Team Leader
Policies and Bylaws
Rebekah Stuart-Wilson - Principal
Policy Analyst
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Authorisers
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Kataraina Maki – General Manager -
Community & Social Policy
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