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Regulatory
Committee
12 October
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
There was no
public input.
6 Local Board Input
There was no
local board input.
7 Extraordinary Business
There was no
extraordinary business.
8 Notices of Motion
There were no
notices of motion.
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9
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Determination of an Objection to the Construction of a Private
Stormwater line through 25A Martin Crescent and 92A Ocean View Road Northcote
to service 88 Ocean View Road Northcote.
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The hearing commenced at 9.31am
in relation to the objection by the owner of 25A Martin Crescent, Northcote,
pursuant to section 460 of the Local Government Act 1974.
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Deputy Mayor B Cashmore arrived the meeting at 9.33 am.
Deputy Chairperson W Walker arrived at the meeting at
9.33 am.
Cr J Watson arrived at the
meeting at 9.34 am.
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Mr Dave Anderson (Chris W
Howell & Associates) representing the applicant Mr Heng Ing addressed the
committee in support of the proposal. He tabled documents in support of his
address. A copy has been placed on the official minutes and is available on
the Auckland Council website as minutes attachments.
The affected owner of 25A
Martin Crescent Mr Gordon Chan, declined to appear for the hearing.
Staff were also in attendance
and addressed the committee in support of the report.
After hearing the
applicant’s view regarding the proposal, the chair thanked Mr Anderson,
Mr Ing and staff for their attendance and presentations.
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The hearing concluded at
9.55am.
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The
Committee’s deliberation was held in confidential and its decision is
recorded under Restatement, Item C1 – Deliberations
on an objection to the construction of a private stormwater line through 25A
Martin Crescent and 92A Ocean View Road Northcote to service 88 Ocean View
Road Northcote.
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Attachments
a 12 October
2017, Regulatory Committee - Item 9 - Determination of an Objection to the
Construction of a Private Stormwater line through 25A Martin Crescent and 92A
Ocean View Road Northcote to service 88 Ocean View Road Northcote
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10
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Regulatory Compliance Prioritisation
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Deputy Chairperson W Walker left the meeting at 10.18
am.
Deputy Chairperson W Walker returned to the meeting at
10.29 am.
Cr E Collins left the
meeting at 10.39 am.
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Resolution number REG/2017/93
MOVED
by IMSB Member D Taipari, seconded by Chairperson L Cooper:
That the Regulatory
Committee:
a)
endorse the shift to a strengthened compliance approach that:
i) takes
an evidence led approach to regulation
ii) allocates
resources to addressing breaches that cause high harm
iii) ensures
interventions are proportionate to the risk at stake, paying close attention
to the effectiveness of our efforts in reducing harm
iv) sets
service levels according to risk and harm.
b)
circulate the
report to all elected members with an accompanying memo that describes the
process for elected members to lodge complaints
c)
request that all
elected members’ request for service regarding compliant issues be
lodged in the Customer Relationship Management (CRM) system to assist council
in its data gathering and research.
CARRIED
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The meeting
adjourned at 10.43am and reconvened at 10.47am.
Cr E Collins, Cr W Walker and IMSB Chair D Taipari
were not present.
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11
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Public Safety and Nuisance Bylaw Review 2017
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A powerpoint presentation was
provided in support of the report. A copy has been placed on the official
minutes and is available on the Auckland Council website as minutes
attachments.
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Cr E Collins returned to the meeting at 10.51 am.
Deputy Chairperson W Walker returned to the meeting at
10.53 am.
IMSB Chair D Taipari
returned to the meeting at 10.54 am.
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Resolution number REG/2017/94
MOVED
by IMSB Member D Taipari, seconded by Chairperson L Cooper:
That the Regulatory
Committee:
a)
agree that item be deferred to a workshop/s and report back at
the appropriate time.
CARRIED
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Attachments
a 12 October
2017, Regulatory Committee Item 11 - Public Safety and Nuisance Bylaw Review
2017 - presentation
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12
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Request to Appoint Independent Hearing Commissioners for Plan
Changes 1, 2 and 4 to the Auckland Unitary Plan (Operative in Part)
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Resolution number REG/2017/95
MOVED
by Cr E Collins, seconded by IMSB Member D Taipari:
That the Regulatory
Committee:
a) appoint
independent commissioners Philip Brown (chair) and Mark Farnsworth, at least one of which as an
understanding of tikanga Māori, to hear
submissions and make a decision on Plan Changes 1 and 2 to the Auckland
Unitary Plan (Operative in Part)
b) appoint
independent commissioners David Mead (chair), Julie
Bevan and Basil Morrison, at least one of which has an understanding of tikanga Māori, to hear submissions and make a decision on Plan Change 4 to the
Auckland Unitary Plan (Operative in Part)
c) delegate
authority to the chairperson of the Regulatory Committee to make replacement appointments
to the hearing panels in resolutions a) and b) in the event that a member of
the hearings panel is unavailable.
CARRIED
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15 Consideration
of Extraordinary Items
There were no extraordinary items.
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16 Procedural
motion to exclude the public
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Resolution number REG/2017/98
MOVED by Chairperson L Cooper, seconded by Deputy Chairperson W
Walker:
That the
Regulatory Committee:
a) exclude
the public from the following part(s) of the proceedings of this meeting.
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 Deliberations
on an objection to the construction of a private stormwater line through 25A
Martin Crescent and 92A Ocean View Road Northcote to service 88 Ocean View
Road Northcote.
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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 formed part
of the minutes of the meeting.
CARRIED
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11.47am 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.
12.04pm The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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C1
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Deliberations on an objection to the construction of a private
stormwater line through 25A Martin Crescent and 92A Ocean View Road Northcote
to service 88 Ocean View Road Northcote
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Resolution number REG/2017/99
MOVED
by Deputy Chairperson W Walker, seconded by IMSB Member D Taipari:
That the Regulatory Committee:
a) hear
and determine the objection by the owner of 25A Martin Crescent, Northcote
pursuant to section 460 of the Local Government Act 1974; and
b) resolve
under section 460(1) of the Local Government Act 1974 that the proposed
stormwater line through 25A Martin Crescent and 92 Ocean View Road Northcote,
is the only practical route as shown on the Chris Howell & Associates
drawing 15009 sheet C02 revision B, dated 8 July 2014 and the Council’s
Engineering Approval ENG60060435 by letter of 16 August 2017 and for the
reasons given in the report.
Restatement
c) agree that the decision under clause a) and b) be restated in the
open section of the minutes.
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12.05 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:........................................................
