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Resolution
number REG/2018/43
MOVED by IMSB Member G Wilcox, seconded by IMSB Chair D
Taipari:
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) gates
in parks (clause 9(5)(i))
ii) cleaning
or leaving fish on a beach (clause 9(5)(p))
iii) damage
to council property within the road corridor (clause 7(1)(a)).
b) determine
that a bylaw is the most appropriate way to address the following matters in
public places:
i) access
to parks and beaches (clauses 9(1), (2), (5)(a))
ii) recreational
beach activities and controls (clauses 9(3), (4), (7))
iii) aircraft
on a park or beach (clause 9(5)(b)(i)(ii))
iv) prohibiting
or restricting activities on a park or beach (clauses 9(5)(c), (d), (g), (h))
v) vehicles
on parks (clauses 9(5)(e), (f), (j))
vi) weapons,
traps, or instruments of a dangerous nature on parks (clause 9(5)(k))
vii) removing,
harming, killing, releasing or losing control of any animal on parks (clause
9(5)(l))
viii) vehicles
on beaches (clause 9(5)(m))
ix) leaving
a boat on a beach (clauses 9(5)(n)(i)(ii), (o)).
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 A of the agenda report that:
i) revokes
bylaw clauses about issues in (a)
ii) amends
bylaw clauses about issues in (b)
iii) amends
the general form of the Bylaw as detailed in this report.
f) agree
that the determinations in clauses a) to d) above, and in Regulatory
Committee resolutions REG/2018/15, REG/2018/20 and REG/2018/38 completes the
statutory review of the Public Safety and Nuisance Bylaw 2013 in accordance
with section 160(1) Local Government Act 2002.
CARRIED
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