Regulatory and Bylaws Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory and Bylaws Committee held in Room 1, Level 26, 135 Albert Street, Auckland on Tuesday, 10 May 2016 at 9.31am.

 

present

 

Chairperson

Cr Calum Penrose

 

Deputy Chairperson

Cr Denise Krum

From 9.36am, Item 5.2

Members

Cr Bill Cashmore

Until 1.04pm, Item 10

 

Cr Alf Filipaina

 

 

Cr Sharon Stewart, QSM

From 9.32am, Item 1

 

Cr John Watson

 

 

Member Glenn Wilcox

 

 

Member Karen Wilson

 

 

Cr George Wood, CNZM

 

 

ABSENT

 

 

Cr Linda Cooper

 

 

Deputy Mayor Penny Hulse

 

 

ALSO PRESENT

 

 

Cr Cathy Casey

 

 

Cr Wayne Walker

 

 

Cr Penny Webster

 

 

IN ATTENDANCE

 

 

Beth Haulbrooke

Rodney Local Board Member

 

Julia Parfitt

Chair, Hibiscus and Bays Local Board

 

Greg Sayers

Deputy Chair, Hibiscus and Bays Local Board

 

Brenda Steele

Chair, Rodney Local Board

 


Regulatory and Bylaws Committee

10 May 2016

 

 

 

1          Apologies

 

Cr SL Stewart entered the meeting at 9.32 am.

 

Resolution number RBC/2016/6

MOVED by Cr AM Filipaina, seconded by Member G Wilcox:  

That the Regulatory and Bylaws Committee:

a)         accept the apologies from Cr LA Cooper and Deputy Mayor PA Hulse for absence.

CARRIED

 

 

2          Declaration of Interest

 

Cr AM Filipaina declared a conflict of interest at Item 12 - Extending the McManus Park alcohol ban to part of Ōtāhuhu.

 

 

3          Confirmation of Minutes

 

Resolution number RBC/2016/7

MOVED by Cr W Cashmore, seconded by Cr GS Wood:  

That the Regulatory and Bylaws Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 9 February 2016, as a true and correct record.

CARRIED

 

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

Item 5.1 – Public Input – Viv Beck and Tania Loveridge, Heart of the City, was heard at Item 11 – Update on begging behaviour in the central city.


 

5.2

Public Input - Graham Painter - Set Netting

 

 

 

Documents were tabled at the meeting. Copies have been place on the official minutes and are available on the Auckland Council website as minutes attachments.

 

 

 

Deputy Chairperson DA Krum entered the meeting at 9.36 am.

Member G Wilcox left the meeting at 10.16 am.

 

 

 

Resolution number RBC/2016/8

MOVED by Chairperson CM Penrose, seconded by Member K Wilson:  

That the Regulatory and Bylaws Committee:

a)      thank Graham Painter for his presentation regarding set netting.

CARRIED

 

Attachments

a     10 May 2016, Regulatory and Bylaws Committee, Item 5.2 - Graham Painter, Tabled Information - Document One

b     10 May 2016, Regulatory and Bylaws Committee, Item 5.2 - Graham Painter, Tabled Information - Document Two

 

 

6          Local Board Input

 

6.1

Local Board Input - Julia Parfitt and Greg Sayers, Hibiscus and Bays Local Board, Brenda Steele and Beth Houlbrooke, Rodney Local Board - Set Netting

 

 

 

Member G Wilcox returned to the meeting at 10.18 am.

 

 

 

Note:   Changes to the original motion were incorporated with the agreement of the meeting.

 

 

 

Resolution number RBC/2016/9

MOVED by Cr W Cashmore, seconded by Cr SL Stewart:  

That the Regulatory and Bylaws Committee:

a)      thank Julia Parfitt, Greg Sayers, Brenda Steele and Beth Houlbrooke for their presentations regarding set netting.

CARRIED

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

8          Notices of Motion

 

There were no notices of motion.

 


 

9

Report from the Ministry of Primary Industries

 

 

 

Note:   Changes to the original motion were incorporated with the agreement of the meeting.

 

 

 

Resolution number RBC/2016/10

MOVED by Deputy Chairperson DA Krum, seconded by Cr J Watson:  

That the Regulatory and Bylaws Committee:

a)      thank Laura Furneaux and Jacob Hore (Ministry of Primary Industries) for their presentation.

CARRIED

 

The meeting adjourned at 12.00pm, and reconvened at 12.11pm.

 

Member G Wilcox was not present when the meeting reconvened.

 

10

Update on monitoring of set netting activities at Omaha Beach

 

 

 

Member G Wilcox returned to the meeting at 12.13pm.

Cr W Cashmore left the meeting at 1.04 pm.

 

 

 

Staff provided a verbal update on the matter.

 

 

 

Note:   With the agreement of the meeting Item 10 was adjourned at 1.07pm, and Item 11 was accorded precedence at this time.

 

 

11

Update on begging behaviour in the central city

 

Heart of the City Chief Executive Viv Beck, and Centre Manager Tania Loveridge were in attendance and spoke to the item.

 

 

 

Resolution number RBC/2016/11

MOVED by Deputy Chairperson DA Krum, seconded by Chairperson CM Penrose:  

That the Regulatory and Bylaws Committee:

a)         thank Viv Beck and Tania Loveridge (Heart of the City) for their presentation.

CARRIED

 

 

 

Note:   Changes to the original motion were incorporated under clauses a) iv)-v) with the agreement of the meeting.

 

 

 

Resolution number RBC/2016/12

MOVED by Deputy Chairperson DA Krum, seconded by Cr GS Wood:  

That the Regulatory and Bylaws Committee:

a)      agree that staff should undertake the following actions:

i)          maintain City Watch patrols and investigate opportunities to improve operational practices; and

ii)         advocate to central government for infringement powers and increased social service provision; and

iii)       make minor editorial amendments to the Public Safety and Nuisance Bylaw 2013; and

iv)       commence the review of the Public Safety and Nuisance Bylaw 2013 at an early date.

v)         report back to the appropriate committee on the positive initiatives regarding begging.

CARRIED

 

 

 

Note:   With the agreement of the meeting, Item 10 continued at this time.

 

 

10

Update on monitoring of set netting activities at Omaha Beach

 

 

 

Note:   Chair’s recommendations were incorporated prior to the meeting.

 

 

 

MOVED by Chairperson CM Penrose, seconded by Cr GS Wood:  

That the Regulatory and Bylaws Committee:

a)      receive an update on the monitoring of set net and crab fishing activities at Omaha Beach over the 2015/2016 summer period.

b)      request a report back on the decision made on 9 December 2015 (resolution number RBC/2015/45) to manage public safety and nuisance issues associated with set netting and crab fishing at Omaha Beach.

c)      agree that staff report back on the options for Auckland Council officers to hold multiple warrants, which will be considered as part of the current review of customer enabled compliance.

 

 

 

Note:   Cr J Watson foreshadowed a motion, to be considered if the original motion failed.

 

 

 

MOVED by Cr J Watson, seconded by Cr SL Stewart:  

That the Regulatory and Bylaws Committee:

a)         impose a trial seasonal set netting ban at Omaha Beach from the beginning of Labour Weekend 2016 until the end of Easter 2017.

 

 

 

Note:   The foreshadowed motion was deemed to be an alteration of a previous resolution of the Regulatory and Bylaws Committee (Standing Order 1.9.1), and was withdrawn.

 

 

 

MOVED by Cr J Watson, seconded by Cr SL Stewart:   an amendment by way of replacement to clause c):

That the Regulatory and Bylaws Committee:

c)         direct staff through the Chief Executive to report back to the Regulatory and Bylaws Committee for a decision where at least one option will include a trial seasonal set net ban at Omaha Beach 2016/17.

 

 

 

Note:   Cr J Watson and Cr SL Stewart withdrew their amendment, as changes were incorporated into the original motion with the agreement of the meeting.

 

 

 

 

 

Resolution number RBC/2016/13

MOVED by Chairperson CM Penrose, seconded by Cr GS Wood:  

That the Regulatory and Bylaws Committee:

a)      receive an update on the monitoring of set net and crab fishing activities at Omaha Beach over the 2015/2016 summer period.

b)      request a report back on the decision made on 9 December 2015 (resolution number RBC/2015/45) to manage public safety and nuisance issues associated with set netting and crab fishing at Omaha Beach, including the consideration of a seasonal ban, and ensuring that Māori feedback is received according to the tikanga requested in paragraph 42 of the agenda report (CP2015/18392).

c)      agree that staff report back on the options for Auckland Council officers to hold multiple warrants, which will be considered as part of the current review of customer enabled compliance.

CARRIED

 

 

 

12

Extending the McManus Park alcohol ban to part of Ōtāhuhu

 

 

 

Cr AM Filipaina declared a conflict of interest in the item and took no part in the discussion or voting on the matter.

 

 

 

Note:   Changes to the original motion were incorporated with the agreement of the meeting.

 

 

 

Resolution number RBC/2016/14

MOVED by Deputy Chairperson DA Krum, seconded by Chairperson CM Penrose:  

That the Regulatory and Bylaws Committee:

a)      make an alcohol ban, pursuant to the Auckland Council Alcohol Control Bylaw 2014, to operate for 24 hours a day, seven days a week, in the area marked in red on Attachment A to this report, and described as follows:

“the car parks and access roads of Ōtāhuhu (Mount Richmond) that adjoin McManus Park and Bert Henham Park.”

b)      confirm that the decision in (a) is in accordance with relevant requirements of the Local Government Act 2002 and Auckland Council Alcohol Control Bylaw 2014.

CARRIED

 

 

 

13

Update on bylaws development and information on the 2016/17 work programme

 

 

 

Resolution number RBC/2016/15

MOVED by Cr AM Filipaina, seconded by Cr SL Stewart:  

That the Regulatory and Bylaws Committee:

a)      receive the report on the bylaws work programme for 2016/2017.

CARRIED

  

 

 

 

14        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.  

 

 

 

 

2.17 pm                                              The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Regulatory and Bylaws Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:........................................................