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Regulatory
Committee
14 September
2017
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1 Apologies
2 Declaration
of Interest
There were no
declarations of interest.
3 Confirmation
of Minutes
4 Petitions
There were no
petitions.
5 Public Input
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5.1
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Public Input - Ambury Properties Limited - 72 Tidal Road direct
referral request
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Deputy Mayor B Cashmore entered the
meeting at 9.35 am.
IMSB Chair
D Taipari entered the meeting at 9.38 am.
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Representatives
from Ambury Properties Limited spoke and tabled documents in support of their
application for a direct referral. A copy has been placed on the official
minutes and is available on the Auckland Council website as minutes
attachments.
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Resolution number REG/2017/80
MOVED
by Deputy Chairperson W Walker, seconded by Cr S Stewart:
That the Regulatory Committee:
a) receive
the presentation.
CARRIED
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Attachments
a 14
September 2017 Regulatory Committee - Item 5.1 - Public Input - Ambury
Properties Limited - 72 Tidal Road direct referral request - tabled legal
submission
b 14
September 2017 Regulatory Committee - Item 5.1 - Public Input - Ambury
Properties Limited 72 Tidal Road direct referral request - site plan
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5.2
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Public Input - East Coast Bays RSA - gaming machine relocation
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The public input request had been withdrawn.
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6 Local Board Input
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6.1
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Puketāpapa Local Board Input - Local Alcohol Policy Update
Memo 14 August 2017
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Harry Doig, Chair, Puketāpapa
Local Board was unable to attend, but wished to table the local board
feedback on this matter.
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Resolution number REG/2017/81
MOVED
by Deputy Chairperson W Walker, seconded by Cr E Collins:
That the Regulatory
Committee:
a) receive
the feedback from the Puketāpapa Local Board noting that:
·
the Puketāpapa Local Board has a long history of representing
the community’s concern about the impact of alcohol on families and
their communities in our area.
·
the Board would
strongly advocate for the retention of all the elements challenged by the
ARLA in the Council’s Local Alcohol Plan.
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of particular concern
is the proposal by ARLA that the Council reconsider the requirements
restricting single sales (Clause 4.5.1(c)) and the afternoon opening hours
reducing visibility to school age children and young people (Clause
4.5.1(d)).
·
our concerns here are
particularly around alcohol harm in relation to our youth and school age
children. 20% of our 15 to 24 year age group are not in education or
employment. Increased availability through low cost of individual RTDs and
opening hours around school closure leads to detrimental alcohol impacts. Both
of these restrictions are seen as important to discourage the normalisation
of alcohol use in our community.
CARRIED
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6.2
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Māngere-Ōtāhuhu Local Board Input - Local Alcohol
Policy
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Lemauga Lydia Sosene, Chair
and Togiatolu Walter Togiamua, Deputy Chair Māngere-Ōtāhuhu
Local Board spoke in support of their feedback on the local alcohol policy.
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Resolution number REG/2017/82
MOVED
by Deputy Chairperson W Walker, seconded by Cr E Collins:
That the Regulatory
Committee:
a) thank
Lemauga Lydia Sosene, Chair and Togiatolu Walter
Togiamua, Deputy Chair, Māngere-Ōtāhuhu
Local Board, for their presentation and attendance.
CARRIED
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7 Extraordinary Business
There was no
extraordinary business.
8 Notices of Motion
Under Standing
Order 2.5.1, the Notice of Motion received from Cr Watson for consideration
under item 9 - Notice of Motion - Cr Watson - East
Coast Bays RSA Relocation of Gambling Machines Exemption had been withdrawn.
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9
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Notice of Motion - Cr Watson - East Coast Bays RSA Relocation of
Gambling Machines Exemption
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The notice of motion had been withdrawn.
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The meeting adjourned at 10.00am and
reconvened at 10.05am.
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10
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Determination of an Objection to the construction of the
Wastewater Pipeline at 3A Alma Crescent to service 54 Clevedon Rd, Papakura.
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Mr Mike William and
Mr Royden Tsui, on behalf of Mr Neyyathuruthi Pillai addressed the committee
in support of the proposal.
Mr Bryce Town
of Morrison Kent, representing the objectors, addressed the committee in
support of their objection to the proposal and tabled legal submissions.
Staff were also in
attendance in support of the report.
After hearing
the objector’s view on the proposal, the chair thanked both parties for
their attendance and presentation.
The
Committee’s deliberation was held in confidential and its decision is
recorded under item C1 – Restatements of these minutes.
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Attachments
a 14 September 2017 Regulatory Committee - Item 10 - Determination
of an Objection to the construction of the Wastewater Pipeline at 3A Alma
Crescent to service 54 Clevedon Rd, Papakura - Objector legal submissions
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The meeting adjourned at 11.21am and
reconvened at 11.27am.
Member Taipari was not present.
IMSB Member D Taipari returned to the
meeting at 11.37 am.
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11
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Request for Direct Referral by Ambury Properties Limited - 72
Tidal Road, Mangere
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Resolution number REG/2017/83
MOVED
by IMSB Member G Wilcox, seconded by Cr E Collins:
That the Regulatory
Committee:
a) decline the request by Ambury Properties Limited for direct
referral of the applications to the Environment Court pursuant to section 87E
of the Resource Management Act 1991 for the following reasons:
i) the
resource consent applications are predominantly a local issue, with a total
of 12 submissions predominantly from submitters in the local Mangere area;
ii) those
submitters will be able to participate in a decision-making process at a
Council hearing on this local project and with a Manukau venue for the
hearing;
iii) submitters
include lay people, who will likely be unfamiliar with the Environment Court
process, and will be required to become section 274 parties to participate in
this more formal process, including possible cross-examination;
iv) the
determination of the application is dependent upon a mix of both technical
expert evidence and non-technical evaluative assessment that is suitably
heard at first instance at Council level;
v) there
is insufficient indication of certainty that a Council decision being
appealed to the Environment Court, either by the applicant or any submitters
given the nature of feedback received through pre-lodgement public
consultation process and given the matters raised in the 12 submissions
received; and
vi) if
the decision made by the Council is appealed, the Council hearing process
would have led to a refinement of the issues to then allow for a more focused
and efficient Environment Court process such as mediation and caucusing that
may avoid the need for hearing.
CARRIED
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Note: Items 12 - Regulatory Compliance Prioritisation
and 13 - Public Safety and Nuisance Bylaw Review 2017 were deferred
until later on the meeting.
Note: The Chairperson accorded
precedence to item 14 - Resource Consent Appeals:
Status Report 14 September 2017 to item 20 - Procedural motion to exclude the public, at this time.
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16
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Release of Regulatory Committee Confidential Decision 15 June
-Appointment of District Licensing Committee chairs and members 2017-2020
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Resolution number REG/2017/86
MOVED
by Deputy Chairperson W Walker, seconded by Cr E Collins:
That the Regulatory
Committee:
a) note
the release of the decision of the Regulatory Committee of 15 June 2017
regarding the appointment of the District Licensing Committee chairs and
members 2017-2020.
CARRIED
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17
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Release of Regulatory Committee Confidential Decision 15 June
-Designation of independent commissioners as duty commissioners to determine
resource consent applications
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Resolution number REG/2017/87
MOVED
by Deputy Chairperson W Walker, seconded by IMSB Member D Taipari:
That the Regulatory
Committee:
a) note
the release of the decision of the Hearings Committee of 15 June 2017
regarding the designation of independent commissioners as duty commissioners
to determine resource consent applications.
CARRIED
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19 Consideration
of Extraordinary Items
There were no extraordinary items.
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20 Procedural
motion to exclude the public
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Resolution number REG/2017/89
MOVED by Deputy Chairperson W Walker, seconded by Cr E Collins:
That the
Regulatory Committee:
a)
exclude the public from the following
part(s) of the proceedings of this meeting.
b)
agree that Lemauga Lydia
Sosene, chair, and Togiatolu Walter
Togiamua, deputy chair Māngere-Ōtāhuhu
local board be permitted to remain for Confidential Item C1 Decision on
outcome of appeals and next steps for the Provisional Auckland Council Local
Alcohol Policy after the public has been excluded, as observers only.
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 Decision on outcome of
appeals and next steps for the Provisional Auckland Council Local Alcohol
Policy
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Reason for passing this resolution in relation to
each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of
this resolution
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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.
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s7(2)(g)
- The withholding of the information is necessary to maintain legal
professional privilege.
In
particular, the report contains information that has been prepared for the
purposes of potential litigation along with legal advice on options and
policy positions that would disadvantage the council if they were made
public prior to decisions being made and the conclusion of all court
proceedings.
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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.
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C2 Deliberations on an
objection to the construction of a wastewater pipeline at 3A Alma Crescent to
service 54 Clevedon Road
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Reason for passing this resolution in relation to
each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of
this resolution
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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.
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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, the report contains information that could compromise the
council in undertaking without prejudice negotiations of this objection
pursuant to section 460 of the Local Government Act.
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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.
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The text of these resolutions
was made available to the public who were present at the meeting and form
part of the minutes of the meeting.
CARRIED
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11.41am The
public was excluded.
Resolutions in
relation to the confidential items are recorded in the confidential section of
these minutes and are not publicly available.
1.05pm The
public was re-admitted.
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12
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Regulatory
Compliance Prioritisation
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This item was deferred until the next meeting of the Regulatory
Committee scheduled to be held on Thursday 12 October 2017 at 9.30am.
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13
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Public
Safety and Nuisance Bylaw Review 2017
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This item was
deferred until the next meeting of the Regulatory Committee scheduled to be held
on Thursday 12 October 2017 at 9.30am.
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restatementS
It was resolved
while the public was excluded:
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C1
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Decision on outcome of appeals and next steps for the Provisional
Auckland Council Local Alcohol Policy
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Resolution number REG/2017/88
MOVED by IMSB Member G Wilcox, seconded by
Deputy Mayor B Cashmore:
That the Regulatory Committee:
j) agree
that the decisions, report and attachments regarding ‘Decision on
outcome of appeals and next steps for the Provisional Auckland Council Local
Alcohol Policy’, not be re-stated in the open section of the minutes.
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C2
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Deliberations on an objection to the construction of a wastewater
pipeline at 3A Alma Crescent to service 54 Clevedon Road
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Resolution number REG/2017/79
MOVED
by Deputy Mayor B Cashmore, seconded by Cr R Hills:
That the Regulatory Committee:
a) hear
and determine the objection by the owners of 3A Alma Crescent, Papakura
pursuant to section 460 of the Local Government Act 1974, and
b) endorse
the proposed construction of the wastewater pipeline and connection through
the neighbouring land at 3A Alma Crescent, Papakura as the only practical
route, pursuant to section 460 of the Local Government Act 1974 and as referenced
on plans Resource Consent No. R/SUB/2010/108635 and Plans A14221/1 Dwg 1 rev.
4 & Dwg 2 rev. 3, engineering approved 28 / 01/ 2016.
Restatement
c) agree that the decision under clauses a) and b) be restated in the
open section of the minutes.
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1.06 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 Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
