Agenda of Regulatory Committee

I hereby give notice that an ordinary meeting of the Regulatory Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Thursday, 9 August 2018

9.30am

Room 1, Level 26
135 Albert Street
Auckland

Komiti Whakahaere ā-Ture /

Regulatory Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Cr Linda Cooper, JP
Deputy Chairperson	Cr Bill Cashmore
Members	Cr Josephine Bartley
	Cr Fa’anana Efeso Collins
	Cr Richard Hills
	Cr Daniel Newman, JP
	Cr Sharon Stewart, QSM
	IMSB Chair David Taipari
	Cr Wayne Walker
	Cr John Watson
	IMSB Member Glenn Wilcox

Ex-officio	Mayor Hon Phil Goff, CNZM, JP

(Quorum 5 members)

Tam White

Senior Governance Advisor

3 August 2018

Contact Telephone: (09) 890 8156

Email: tam.white@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Terms of Reference

Responsibilities

The committee is responsible for regulatory hearings (required by relevant legislation) on behalf of the council. The committee is responsible for appointing independent commissioners to carry out the council’s functions or delegating the appointment power (as set out in the committee’s policy). The committee is responsible for regulatory policy and bylaws. Where the committee’s powers are recommendatory, the committee or the appointee will provide recommendations to the relevant decision-maker.

The committee’s key responsibilities include:

· decision-making (including through a hearings process) under the Resource Management Act 1991 and related legislation

· hearing and determining objections under the Dog Control Act 1996

· decision-making under the Sale and Supply of Alcohol Act 2012

· hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002 (this cannot be sub-delegated)

· hearing and determining matters arising under bylaws

· receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Regulatory Committee

· receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing

· monitoring the performance of regulatory decision-making

· where decisions are appealed or where the committee decides that the council itself should appeal a decision, directing the conduct of any such appeals

· considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including to Local Boards)

· regulatory fees and charges

· recommend bylaws to Governing Body for consultation and adoption

· appointing hearings panels for bylaw matters

· review local board and Auckland water organisation proposed bylaws and recommend to Governing Body

· set regulatory policy and controls, including performing the delegations made by the Governing Body to the former Regulatory and Bylaws Committee, under resolution GB/2012/157 in relation to dogs and GB/2014/121 in relation to alcohol.

· engage with local boards on bylaw development and review

· adopting or amending a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision-making” is used to encompass a range of decision-making processes including through a hearing. “Decision-making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision-making.

In adopting a policy or policies and making any sub-delegations, the committee must ensure that it retains oversight of decision-making under the Resource Management Act 1991 and that it provides for councillors to be involved in decision-making in appropriate circumstances.

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the chief executive’s Delegations Register) to hearings commissioners and staff relating to decision-making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Regulatory Committee.

Relevant legislation includes but is not limited to:

All Bylaws

Biosecurity Act 1993
Building Act 2004
Dog Control Act 1996
Fencing of Swimming Pools Act 1987
Gambling Act 2003;Land Transport Act 1998

Health Act 1956
Local Government Act 1974
Local Government Act 2002
Local Government (Auckland Council Act) 2009
Resource Management Act 1991
Sale and Supply of Alcohol Act 2012
Waste Minimisation Act 2008

Maritime Transport Act 1994
Related Regulations

Powers

(i) All powers necessary to perform the committee’s responsibilities.

Except:

(a) powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b) where the committee’s responsibility is limited to making a recommendation only.

(ii) Power to establish subcommittees.

Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Other staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Council Controlled Organisations

· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

1 Apologies

At the close of the agenda no apologies had been received.

2 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

3 Confirmation of Minutes

That the Regulatory Committee:

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

4 Petitions

At the close of the agenda no requests to present petitions had been received.

5 Public Input

Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

At the close of the agenda no requests for public input had been received.

6 Local Board Input

Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

7 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

Regulatory Committee

09 August 2018

Request to Appoint Hearing Commissioners for Plan Change 12 (Hobsonville Corridor Precinct) to the Auckland Unitary Plan (Operative in Part)

File No.: CP2018/13267

Te take mō te pūrongo / Purpose of the report

1. To request the appointment of Hearing Commissioners to hear submissions and make decisions on Plan Change 12 to the Auckland Unitary Plan (Operative in Part).

Whakarāpopototanga matua / Executive summary

2. Plan Change 12 to the Auckland Unitary Plan (Operative in Part) was publicly notified on 24 May 2018 and submissions closed on 22 June 2018.

3. The plan change seeks to add a new sub-precinct to the operative I603 Hobsonville Corridor precinct in the Auckland Unitary Plan to address urban design and transport issues.

4. The plan change also includes text and diagram changes as well as a small amount of rezoning for the existing precinct. It also includes new stormwater standards and the application of the Stormwater Management Area: Flow 1 control across the precinct.

5. A total of 19 primary submissions have been received to Plan Change 12, including one late submission. The summary of decisions requested was notified on 19 July 2018 and further submissions will close on 2 August 2018.

6. The key themes within the primary submissions relate to urban design, transport and stormwater matters. It is considered appropriate that the hearings panel be made up of up to four commissioners with expertise in these areas.

7. Mana whenua were consulted prior to public notification of Plan Change 12. No mana whenua entities have requested that a hearings commissioner with an understanding of tikanga Māori be appointed for the hearing of this plan change. Nevertheless, the Committee may wish to appoint a commissioner with an understanding of the perspectives of local iwi and hapū to the panel.

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a) appoint an independent commissioner as chair and up to three other commissioners to hear submissions on Plan Change 12 to the Auckland Unitary Plan (Operative in Part);

b) delegate to the Hearing Panel appointed in a) the authority to make decisions on the plan change; and

c) delegate authority to the chairperson of the Regulatory Committee to make replacement appointments to the Hearing Panel in the event that a member of the panel becomes unavailable.

Horopaki / Context

8. On 3 April 2018 the Planning Committee resolved to delegate the approval of Plan Change 12 for notification to Planning Committee Chair, Deputy Chair, Cr J Watson and the Planning Manager Planning North West and Islands (resolution number PLA/2018/38). Consequently, the notification of the plan change was approved on 3 May 2018. The plan change was publicly notified on 24 May 2018 and submissions closed on 22 June 2018.

9. A total of 19 submissions were received during the notification period. Sixteen submitters have asked for their submissions to be heard at a hearing. This report requests the appointment of hearings commissioners to hear these submissions.

Tātaritanga me ngā tohutohu / Analysis and advice

10. Plan change 12 seeks changes to I603 Hobsonville Corridor Precinct in the Auckland Unitary Plan. It expands the existing precinct and adds a new Sub-precinct C on land adjacent to the existing precinct. This sub-precinct addresses urban design and transport issues for this area, which is zoned Light Industry in the Auckland Unitary Plan. The plan change also includes a number of technical changes to the text and diagrams for the existing precinct area.

11. The plan change also proposes a small amount of rezoning, affecting land in both the operative precinct and the new proposed sub-precinct. This rezoning updates zone boundaries to align with ownership and designation boundaries. It also applies the Stormwater Management Area Flow Control-1(SMAF-1) to the precinct, including to the new proposed sub-precinct.

12. The primary submissions largely relate to urban design, transport and stormwater matters. It is therefore recommended that submissions to Plan Change 12 be heard by a panel of up to four commissioners with expertise in planning, urban design, stormwater and transport.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

13. The Upper Harbour Local Board was engaged during the preparation of this plan change. The local board was briefed in November 2017 when consultation was undertaken on the draft plan change. At that time the Local Board identified the interface between residential properties and development within the light industry zone as a key matter to be addressed.

14. The local board was advised of the public notification of the plan change on 24 May 2018.

15. An update will be given to the local board when notification of further submissions has closed, to inform them of the indicative timeline for the rest of the plan change process.

Tauākī whakaaweawe Māori / Māori impact statement

16. All mana whenua entities with interest in the area were contacted during the consultation period for the draft plan change document in November 2017. A representative from Te Kawerau ā Maki attended a meeting on 27 November 2017 and provided comments in relation to the Rawiri Stream restoration project within plan change area. These comments helped inform the development of the plan change.

17. On 26 January 2018, all mana whenua with an interest in the area were emailed the draft plan change and were invited to a meeting. This excluded iwi who had previously indicated that they did not require engagement about the plan change. A representative from Ngāti Whātua o Kaipara attended a meeting on 8 February 2018 and provided written comments on 14 February 2018. These comments related to the Rawiri Stream environment and the preference for non-deciduous native tree species. These comments helped to inform the draft proposed plan change.

18. All mana whenua entities originally identified to have an interest in the area were sent formal notification of the plan change on 24 May 2018. In addition to inviting submissions, they were asked to indicate whether it was appropriate to have a commissioner on the hearings panel with an understanding of tikanga Māori and the perspectives of local iwi and hapū. Te Rūnanga o Ngāti Whātua deferred their interests in the area to Ngāti Whatua o Kaipara. Responses were not received from any other mana whenua entities. Nevertheless, the Committee may wish to appoint a commissioner with an understanding of the perspectives of local iwi and hapū to the panel.

Ngā ritenga ā-pūtea / Financial implications

19. The cost of Independent Hearing Commissioners can be managed within the existing Democracy Services Department budget.

Ngā raru tūpono / Risks guidance

20. Hearing Commissioners are appointed from the pool of Independent Commissioners due to their professionalism, expertise and experience. A small number of elected members that hold the Good Decision-Making accreditation may also sit as commissioners. These processes, in addition to staff reporting, ensure a high quality of informed decision-making and avoid any procedural or judicial risks.

Ngā koringa ā-muri / Next steps

21. The key next steps involve:

· contacting the appointed Hearing Commissioners to check their availability

· notifying submitters of the hearing dates and venue

· providing submitters with a copy of the hearing report

· Hearing Commissioners conduct the hearing

· Council decision released.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Lisa Roberts - Planner

Authorisers

John Duguid - General Manager - Plans and Places

Penny Pirrit - Director Regulatory Services

Regulatory Committee

09 August 2018

Regulatory Committee Summary of Information Items 9 August 2018

File No.: CP2018/14044

Te take mō te pūrongo / Purpose of the report

1. To provide an update of all current resource consent appeals lodged with the Environment Court (Attachment A).

2. To note the progress on the forward work programme (Attachment B).

3. To provide a public record of memos, workshops or briefing papers that have been distributed for the Committee’s information since 12 July 2018.

Whakarāpopototanga matua / Executive summary

4. The is a regular information-only report which aims to provide visibility of information circulated to committee members via memo or other means, where no decisions are required.

5. The workshop papers and any previous documents can be found on the Auckland Council website at the following link: http://infocouncil.aucklandcouncil.govt.nz/

· at the top of the page, select meeting “Regulatory Committee’ form the drop-down and click ‘View’;

· under ‘Attachments’, select either HTML or PDF version of the document entitled ‘Extra Attachments’.

6. The following paper was circulated to members:

· 20 July 2018 – Freedom Camping Bylaw Development update memo.

7. Note that, unlike an agenda decision report, staff will not be present to answer questions about these items referred to in this summary. Committee members should direct any questions to the authors.

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a) receive the information report.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Region-wide appeals report and register	19
b ⇩	Regulatory Committee - Forward Work Programme	33
c	20180730_Freedom Camping Bylaw Development Update Memo (Under Separate Cover)

Ngā kaihaina / Signatories

Author	Tam White - Senior Governance Advisor
Authoriser	Penny Pirrit - Director Regulatory Services

Regulatory Committee

09 August 2018

REGULATORY COMMITTEE FORWARD WORK PROGRAMME 2018 / 2019 This committee is responsible for regulatory hearings, appointing independent commissioners and for the development of regulatory policy and bylaws.
Area of work	Reason for work	Regulatory Committee role (decision or direction)	Budget/ Funding	Expected timeframes Highlight financial year quarter and state month if known
				FY18	FY19
				12 April 10 May 14 June	12 July 9 Aug 13 Sept		4 Oct 8 Nov	Feb Mar
Alcohol Licensing	Report on the revenue received and the costs incurred for the alcohol licensing process – required by regulation 19 of the Sale and Supply of Alcohol (Fees) Regulations 2013.	Note that the majority of alcohol licensing costs were recovered from the existing default licensing fees regime for the twelve months to July 2017. Confirm continuance of the default licensing fees regime. Review the default licensing fees regime after a suitable period of time has elapsed following the implementation of the Local Alcohol Policy.	Within current baselines.	Q4	Q1		Q2	Q3
Animal Management	Report on Animal Management activities for the year ending June 2018 as required by s10a of the Dog Control Act 1996	Note that the Animal Management Annual Report is required under Section 10A of the Dog Control Act 1996 and staff will provide the 2017/18 report to the Secretary of Local Government	Within current baselines.	Q4	Q1		Q2 (Nov)	Q3
Earthquake Prone, Dangerous & Insanitary Buildings Policy 2011-2016 Review	2011 - Auckland Council was required under s131 of the Building Act 2004 to adopt a policy on earthquake prone, dangerous and insanitary buildings 2018 – Due to the Building (Earthquake-Prone Buildings) Amendment Act 2016, Auckland Council’s management of earthquake-prone buildings now falls under the national policy and methodology set by MBIE. Our ongoing work programme for issuing statutory EPB notices, receiving seismic assessments, and identifying residual potential EPBs is being carried out on this basis. Note that dangerous and insanitary buildings continue to have their own local policy that is now under the management of Regulatory Compliance.	Update the Committee on the progress made in implementing Auckland Council’s regulatory obligations with regard to earthquake-prone buildings within its jurisdiction.					Q2 (Nov)
Freedom camping	Explore the need for and options for regulating freedom camping in Auckland	· Receive options report following the completion of the research and pilot. (July 2017) · If a regulatory response is required then the committee will: o Recommend statement of proposal to Governing Body. o Establish the hearings panel for deliberations on submissions. o Recommend final draft of bylaw to governing body for adoption. · An overview programme was presented on 10/08/2017 Item 9 REG/2017/72 resolution REG/2017/72 SCP process Options for content of the bylaw will be worked through with the committee in August ’18 and September ’18 (dates to be confirmed)	Review is within current baselines. Funding proposals will be required for any recommendations that require capital or operational upgrades.	Q4	Q1 (Aug)		Q2	Q3
Public Safety and Nuisance Bylaw review	Legislative requirement to review bylaw within 5 years. Committee resolution to “commence the review of the Public Safety and Nuisance Bylaw 2013 at an early date”.	· Receive report following the completion of the bylaw review. (Dec ’17 – Feb ‘18) · Recommend statement of proposal to Governing Body. (Q2 or Q3 – FY18) ^# · Establish the hearings panel for deliberations on submissions. (Q2 or Q3 – FY18) · Recommend final draft of bylaw to governing body for adoption. (Q4 – FY18) · Report was considered on 12 Oct. the item was deferred REG2017/94 · 8 Feb 2018 - workshop - seeking preference’s to which clauses of the bylaw should be retained, amended or revoked. - seeking agreement in principle to draft recommendations against 6 key topics, will also highlight next steps, timing and process requirements for completion of the PSN review. · 8 March 2018 - A report on the outcome of statutory review and the direction of any changes to six issues was considered – minute REG/2018/15 · 12 April 2018 - A report on the outcome of statutory review and the direction of any changes to nine issues was considered – minute REG/2018/20 · 10 May 2018 - A report on the review and direct any changes to eight issues within the bylaw was considered - minute REG/2018/36 · 14 June 2018 - A report to determine the outcome of the statutory review and direct any changes to 22 issues was considered on - minute REG/2018/43 9 August 2018 - workshop scheduled to seek elected members’ views on and input to wording of the draft bylaw. This wording is to be included in the draft bylaw for public consultation. ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended. Length of time required to draft the statement of proposal will depend on the scope of amendments requested following the review findings	Within current baselines.	Q4	Q1	Q2		Q3 (Mar19)
Dog management Bylaw and Policy on Dogs.	Legislative requirement to review the bylaw and policy after five years.	· Receive report following the completion of the bylaw review. (November 2017) · Recommend statement of proposal to Governing Body. · Establish the hearings panel for deliberations on submissions. · Recommend final draft of bylaw to governing body for adoption. · Workshop held April 2018 – to seek informal guidance on a few potentially contentious issues related to dog management. Progress to date: 14 June 2018 - A report to endorse the findings of the Auckland Council Policy on Dogs 2012 and Dog Management Bylaw 2012 statutory review and approve a report back on options that respond to the findings - minute REG/2018/44 ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.		Q4	Q1 (Aug)		Q2 (Oct)	Q3 (tbc)
Health and Hygiene Bylaw	Legislative requirement to review the bylaw and policy after five years.	· 12 April 2018 findings report to endorse the findings of the Health and Hygiene Bylaw 2013 statutory review and approve a report back on options that responds to the findings. Minute REG/2018/21 · · 10 May 2018 - Options Report - to seek a determination on the outcome of the statutory review on the Auckland Council Health and Hygiene Bylaw 2013 and make a decision about its future - minute REG/2018/36 Progress to date: 12 July 2018 – report To recommend the Governing Body adopt the Health and Hygiene Bylaw 2013 (Bylaw) statement of proposal for public consultation and make a decision to appoint a panel to deliberate and make recommendations on feedback received – minute REG/2018/51
Solid Waste Bylaw review	Legislative requirement to review the bylaw and policy after five years.	· Decision on timing and scope of the review. (December 2017) · Reporting on findings and any options amendments will not be until late 2018.		Q4	Q1		Q2	Q3
Legacy on-site wastewater bylaw review	To complete a review of four legacy on-site wastewater bylaws(legacy bylaws) in Rodney, North Shore, Waiheke and Papakura	· 10 May 2018 - report to endorse the findings of the legacy on-site wastewater bylaws review and begin the process to revoke the four legacy on-site wastewater bylaws - minute. REG/2018/37 Progress to date: 12 July 2018 - report To recommend the Governing Body adopt the legacy on-site wastewater bylaws statement of proposal for public consultation and make a decision to appoint a panel to deliberate and make recommendations on feedback received – minute REG/2018/52		Q4 May	Q1 (July)		Q2 (Oct)	Q3
Boarding Houses Inspection	Update on the Auckland proactive boarding houses inspections programme. Increase inspections from one to a minimum of three per year.	· For information An update on the initiative was provided at the 15 June meeting item 12 resolution REG/2017/51 item 12 update on boarding house inspections item 11 Next two proactive inspections will be conducted with Ministry of Business, Innovation and Employments in August and October 2017. November agenda report was deferred to the February meeting. Progress to date: 8 February 2018 report to provide an update on the proactive boarding houses inspection programme - minute REG/2018/5		Q4	Q1		Q2 (Nov)	Q3 (Feb)
Resource Consents Appeal Update	To provide oversight of the appeals received to resource consent decisions.	Information purposes Monthly updates - Memo	N/A	Q4	Q1		Q2	Q3
The Regulatory Committee Policy	Reporting on and monitoring of commissioner appointments	Information purposes Memo monthly		Q4	Q1		Q2	Q3
The Regulatory Committee Policy	Annual review of commissioner pool	Decision: review RMA commissioner pool Memo Quarterly		Q4	Q1 (Aug)
The Regulatory Services Directorate	Report on: · progress implementing the Food Act 2014 · insights into the performance, opportunities and risk of the Resources Consents Dept · progress implementing the Regulatory Compliance programme · update of Building control activity	For information only: 6 monthly update			Q1 (Aug)
Alcohol Control Bylaw review	Legislative requirement to review the bylaw and policy after five years.	A report on findings and options will be considered in late 2018.					Q2 (Nov TBC)