Komiti Whakahaere ā-Ture /

Regulatory Committee

OPEN MINUTES

Minutes of a meeting of the Regulatory Committee held in the Room 1, Level 26, 135 Albert St, Auckland on Thursday, 10 May 2018 at 9.31am.

present

Chairperson	Linda Cooper, JP
Members	Cr Josephine Bartley
	Cr Richard Hills
	Cr Daniel Newman, JP	From 9.33am, Item 6
	IMSB Chair David Taipari
	Cr Wayne Walker	From 9.42am, Item 6
	Cr John Watson
	IMSB Member Glenn Wilcox

ABSENT

Deputy Chairperson	Deputy Mayor Bill Cashmore
	Cr Efeso Collins
	Mayor Hon Phil Goff, CNZM, JP
	Cr Sharon Stewart
	Cr Dick Quax	For leave of absence

ALSO PRESENT

Dr Cr Cathy Casey

Regulatory Committee 10 May 2018

1          Apologies

Resolution number REG/2018/33

MOVED by IMSB Chair D Taipari, seconded by IMSB Member G Wilcox:

That the Regulatory Committee:

a) accept the apologies from Deputy Chairperson Cr BC Cashmore, Mayor P Goff and Cr S Stewart for absence on Council business and Cr E Collins for absence Cr Walker for lateness.

CARRIED

2Declaration of Interest

There were no declarations of interest.

3          Confirmation of Minutes

Resolution number REG/2018/34

MOVED by Cr J Bartley, seconded by IMSB Member G Wilcox:

That the Regulatory Committee:

a) confirm the ordinary minutes of its meeting, held on Thursday, 12 April 2018, including the confidential section, as a true and correct record.

CARRIED

4          Petitions

There were no petitions.

5          Public Input

There was no public input.

6          Local Board Input

Cr D Newman entered the meeting at 9.33 am

Cr W Walker entered the meeting at 9.42 am

6.1	Local Board Input - Mangere-Otahuhu Local Board -  Health and Hygiene Bylaw Review 2018
	Lemauga Lydia Sosene, Chair Mangere-Otahuhu Local Board, and Tufuga Su’a Lawrence Ah Ching Tufuga, addressed the board in support of the Health and Hygiene Bylaw Review 2018.
	Resolution number REG/2018/35 MOVED by Cr J Bartley, seconded by Cr R Hills: That the Regulatory Committee: a)         thank Lemauga Lydia Sosene, Chair Mangere-Otahuhu Local Board and Tufuga Su’a Lawrence Ah Ching Tufuga for their attendance. CARRIED

7          Extraordinary Business

There was no extraordinary business.

8          Notices of Motion

There were no notices of motion.

9	Health and Hygiene Bylaw Review 2018 and direction for any changes
	A Powerpoint presentation was provided by staff in support of the report. A copy of the presentation has been placed on the official minutes and are available on the Auckland Council website as a minutes attachment.
	Resolution number REG/2018/36 MOVED by IMSB Chair D Taipari, seconded by Chairperson L Cooper: That the Regulatory Committee: a)      agree that council has completed its statutory review of the Auckland Council Health and Hygiene Bylaw 2013 in accordance with section 160(1) Local Government Act 2002 and determine that the outcome of the review is that: i)       a bylaw is the most appropriate way to minimise the health risks for people using services that involve contact with the human body. ii)      the Auckland Council Health and Hygiene Bylaw 2013 is not the most appropriate form of bylaw because it does not properly regulate certain services. iii)     the Auckland Council Health and Hygiene Bylaw 2013 does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990. b)      agree that Option two: amend current bylaw framework and separate code is the preferred option to better manage health and hygiene issues that responds to the statutory review findings. c)      request a statement of proposal that amends the Auckland Council Health and Hygiene Bylaw 2013 as detailed in Attachment A of the agenda report for Option two: amend current bylaw framework and separate code. CARRIED
	Attachments a     10 May 2018 Regulatory Committee Item 9: Health and Hygiene Bylaw Review 2018 and direction for any change

10	Findings of the legacy on-site wastewater bylaws review
	A Powerpoint presentation was provided by staff in support of the report. A copy of the presentation has been placed on the official minutes and are available on the Auckland Council website as a minutes attachment.
	Resolution number REG/2018/37 MOVED by Cr D Newman, seconded by Cr J Bartley: That the Regulatory Committee: a)      endorse the findings report, “Review of On-site Wastewater Bylaws: Findings Report April 2018” (Attachment A of the agenda report) b)      agree to begin the process to revoke the following on-site wastewater legacy bylaws: i)       all clauses of the Auckland City Council Bylaws: Bylaw No. 29 (Waiheke Wastewater Bylaw 2008) (i.e. the whole legacy bylaw) ii)      residual clauses of the North Shore City Bylaw 2000: Part 20 Wastewater iii)     residual clauses of the Rodney District Council General Bylaw 1998: Chapter 20 Wastewater Drainage iv)     residual clauses of the Papakura District Council Wastewater Bylaw 2008. c)      request that a Statement of Proposal to revoke the four legacy council bylaws referred in (b) above be prepared for approval. CARRIED
	Attachments a     10 May 2018 Regulatory Committee Item 10: Findings of the legacy on-site wastewater bylaws review

11	Review of the Public Safety and Nuisance Bylaw 2013
	A Powerpoint presentation was provided by staff in support of the report. A copy of the presentation has been placed on the official minutes and are available on the Auckland Council website as a minutes attachment.
	Resolution number REG/2018/38 MOVED by Cr R Hills, seconded by Cr J Bartley: That the Regulatory Committee: As required by section 160(1) of the Local Government Act 2002 a)      determine that a bylaw is not the most appropriate way to address the following matters in public places: i)       noise nuisance (clause 6(1)(b)) ii)      mind-altering substances (clause 6(1)(e)) iii)     intimidating or nuisance begging (clause 6(1)(f)) iv)     graffiti, posters, signs or advertising devices (clause 6(2)(a)). b)      determine that a bylaw is the most appropriate way to address the following matters in public places: i)       wilful obstruction, disturbance or interference (clause 6(1)(a)) ii)      use of any material or thing (clause 6(1)(c)) iii)     fences (clause 6(1)(d)) iv)     lighting fires (clause 6(2)(b)). c)      determine that the Auckland Council Public Safety and Nuisance Bylaw 2013 does not give rise to any unjustified implications and is not inconsistent with the New Zealand Bill of Rights Act 1990. d)      determine that the Auckland Council Public Safety and Nuisance Bylaw 2013 is not the most appropriate form of bylaw. As provided for in section 160(3) of the Local Government Act 2002 e)      request a statement of proposal that amends the Auckland Council Public Safety and Nuisance Bylaw 2013 as detailed in Attachment B of the agenda report that: i)       revokes bylaw clauses i) to iv) about issues in clause a) of this decision ii)      amends bylaw clauses i) to iv) about issues in clause b) of this decision iii)     amends the general form of the bylaw as detailed in Attachment B of the agenda report. CARRIED
	Attachments a     10 May 2018 Regulatory Committee Item 11 Review of Public Safety and Nuisance Bylaw 2013, Presentation

12	Regulatory Committee Summary of Information Items - 10 May 2018
	Resolution number REG/2018/39 MOVED by Cr D Newman, seconded by IMSB Chair D Taipari: That the Regulatory Committee: a)      receive the information report. CARRIED

13        Consideration of Extraordinary Items

There was no consideration of extraordinary items.

11.31 am                                            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:........................................................