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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 13 September 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

Deputy Mayor 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

 

5 September 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.

 

 

 


Regulatory Committee

13 September 2018

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Apologies                                                                                                                        9

2          Declaration of Interest                                                                                                   9

3          Confirmation of Minutes                                                                                               9

4          Petitions                                                                                                                          9  

5          Public Input                                                                                                                    9

6          Local Board Input                                                                                                          9

7          Extraordinary Business                                                                                              10

8          Direction on the Freedom Camping Bylaw Development                                      11

9          Enforcement of Existing Freedom Camping Regulations - Summer 2018/19    117

10        Public Safety and Nuisance Bylaw Statement of Proposal                                  123

11        Update report from Resource Consents Department                                           299

12        Regulatory Committee Summary of Information Items 13 September 2018      315  

13        Consideration of Extraordinary Items 

 

 


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, 9 August 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

13 September 2018

 

Direction on the Freedom Camping Bylaw Development

 

File No.: CP2018/15071

 

Te take mō te pūrongo / Purpose of the report

1.       To seek direction on the content of the statement of proposal for the management of freedom camping.

Whakarāpopototanga matua / Executive summary

2.       In August 2017 the Regulatory Committee decided to develop a bylaw under the Freedom Camping Act 2011 [REG/2017/72].

3.       The Act requires prohibitions and restrictions to be necessary and an appropriate and proportionate way of addressing the perceived problem. The Act does not allow the council to make a bylaw that has the effect of prohibiting freedom camping in Auckland.

4.       The recommended intent of the bylaw is to address the harms from freedom camping by increasing the supply of sites in suitable areas and providing for improved enforcement.

5.       Staff are seeking direction from the Committee on key areas including:

·    the importance of simple and regionally consistent rules

·    the restrictions that will apply to scheduled sites including the type of vehicle, a maximum number within a designated area and a maximum night stay

·    the inclusion of general rules that will apply to all areas not scheduled in the bylaw.

6.       While it is not the purpose or intention for the bylaw to manage people who are homeless, the bylaw carries a risk of displacing and penalising people who are homeless living in vehicles. A humane approach to enforcement will assist in minimising this risk.

7.       The bylaw will be designed to proactively manage the harms associated with freedom camping by:

·    prohibiting freedom camping at 312 sites

·    restricting freedom camping to certified self-contained vehicles at 94 sites

·    restricting freedom camping at 13 sites (non-self-contained permitted).

8.       Local boards have provided feedback on the sites within their local board areas as well as general feedback through workshops and formal resolutions. Staff reassessed 53 sites where local boards sought additional prohibitions. Of these staff recommend:

·    fourteen sites to be scheduled as prohibited

·    thirteen sites to be scheduled as restricted

·    twenty-three sites to not be specifically included in the bylaw.

9.       As freedom camping is a controversial issue it is likely that some communities will be unhappy with the bylaw design. This creates a reputational risk for the council. This can be mitigated by thorough public consultation on the draft bylaw that includes communication on the constraints of the Act.

10.     Staff intend to use decisions from this report to prepare a statement of proposal for the Committee to endorse. This proposal will then go to the Governing Body to adopt for public consultation.

 

 

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a)      confirm the intent of the freedom camping bylaw is to address the harms from freedom camping by increasing the supply of sites in suitable areas and providing for improved enforcement.

b)      agree that staff under delegation from the Chief Executive develop a freedom camping statement of proposal and draft bylaw that implements the following:

i)        includes rules that are simple and regionally consistent

ii)       clarifies (through an explanatory note in the bylaw) that a humane approach to enforcement will be taken to protect vulnerable members of the Auckland community

iii)      only prohibits sites that are likely to be desirable to freedom campers (in alignment with the requirement for a proportionate response to the perceived problem)

iv)      includes the 312 sites in Table 3, Attachment A as prohibited

v)      requires vehicles to be certified to the New Zealand Standard for self-contained vehicles NZS 5465:2001 if staying at a site that is restricted to self-contained vehicles

vi)      restricts freedom camping to vehicles that are certified self-contained at the 94 sites in Table 6, Attachment A

vii)     restricts freedom camping at the 13 sites in Table 7, Attachment A (non-self-contained permitted)

viii)    contains a maximum number of campers for each restricted site and delegates the specific design details to appropriate operational staff

ix)      includes a maximum stay of two nights within a four-week consecutive period on restricted sites

x)      includes a maximum stay of one night and a requirement to leave the site by 9am if there is high demand by other users during the day

xi)      contains an analysis of any site identified that is a reserve under the Reserves Act 1977 which also requires ministerial consent to implement the reserve as a restricted camping site in the draft freedom camping bylaw

xii)     contains general rules that will apply to areas not specifically scheduled in the bylaw (certified self-contained only and two-night maximum stay)

xiii)    contains clauses that provide flexibility and the ability to be responsive to change.

Horopaki / Context

11.     In August 2017 the Regulatory Committee (the Committee) decided to manage freedom camping by developing a bylaw under the Freedom Camping Act 2011 (the Act) [REG/2017/72].

Regulatory framework

12.     Under section 11 of the Act, the council can only restrict or prohibit the activity if it is satisfied that it is necessary to:

·    protect the area, and/or

·    protect the health and safety of people who may visit an area, and/or

·    protect access to the area.

13.     The Act requires the bylaw to be an appropriate and proportionate way of addressing the perceived problem in relation to the area. The bylaw must also not be inconsistent with the New Zealand Bill of Rights Act 1990.

14.     The council can only make a bylaw under the Act on areas that either Auckland Council or Auckland Transport controls or manages. This means that co-governed land, including the maunga, will not be covered by the bylaw.

15.     The Act does not allow the council to make a bylaw that has the effect of prohibiting freedom camping in Auckland. This includes a bylaw that when read alongside the Reserves Act 1977 creates an effective prohibition on freedom camping.

16.     Staff are now seeking direction from the Committee on key content to inform the drafting of the statement of proposal.

Tātaritanga me ngā tohutohu / Analysis and advice

Policy intent

17.     The intent of the bylaw is to address the harms from freedom camping by increasing the supply of sites in suitable areas and providing for improved enforcement.

The 2017 freedom camping review found that under supply of sites is a key issue

18.     An undersupply of freedom camping sites causes overcrowding of designated areas, illegal camping and increased tension with residents.

19.     Freedom camper numbers are growing throughout New Zealand. The Ministry of Business, Innovation and Employment data indicates that the number of international visitors that do some freedom camping in New Zealand has risen from 60,000 in the year ended 2015 to approximately 110,000 in the year ended 2017 (MBIE, 2018).

20.     It is difficult to measure the demand for freedom camping in Auckland, but at the time of the review it was estimated that there are approximately 320 vehicles a night over the summer period.

21.     During the 2017 pilot study there were three sites that allowed non-self-contained camping. These sites were the most popular sites with young international travellers and the council experienced issues with overcrowding and a concentration of harm at these sites.

22.     The majority of freedom campers plan where they are going to stay in advance using social media apps. This means there is an opportunity for the council to use social media to disperse campers, manage demand and help improve compliance rates.

23.     A survey of camper motivations in Auckland showed that campers preferred to be close to the coast, motorway access and the airport. Sites in these locations are more likely to be desirable to campers.

The intent of the bylaw is to take a proactive approach to managing freedom camping and to address primary harms

24.     The bylaw intends to provide more sites for freedom camping in areas that campers are likely to want to go to. Increasing the supply of sites will help alleviate some of the pressure that is caused when freedom camping is concentrated in very few places.

25.     The bylaw gives the council the ability to design and enforce restrictions on how the activity is carried out. This means freedom campers can be directed to sites where they are likely to cause the least amount of harm and their behaviour can be more proactively managed.

26.     The 2017 freedom camping review found that the council has existing tools to manage the secondary harms from the activity such as littering, traffic safety issues and anti-social behaviour.

 

27.     These tools are reactive and are only available after the offending has occurred. In addition, there is a lack of regulatory and non-regulatory tools to manage the primary harms from the activity.

28.     Primary harms include:

·    loss of amenity due to obstructed views and loss of privacy

·    conflict between campers and other users including residents

·    privatisation of public space.

29.     The bylaw will assist in managing these harms by prohibiting camping where the activity is unsuitable and will cause too much conflict with existing users. In areas likely to be desirable to campers where the activity is to occur, restrictions will be in place to minimise the impact on other users of the site. Restrictions to address these primary harms are discussed further under paragraph 47.

Staff recommend that the Regulatory Committee:

a)   confirms the intent of the freedom camping bylaw is to address the harms from freedom camping by increasing the supply of sites in suitable areas and providing for improved enforcement.

A regionally consistent, simple and easy to communicate approach is required

30.     The policy intent for the bylaw is to have simple rules that are consistently applied throughout Auckland.

31.     To encourage voluntary compliance, it is important that the rules contained in the bylaw are easy to understand. The 2017 freedom camping pilot found that:

·    almost 70 per cent of freedom campers in Auckland were international tourists

·    almost 50 per cent of campers were planning to camp in Auckland for three days or less.

32.     As these international tourists are moving quickly through Auckland and will often have English as a second language, it is even more important that rules can be simply communicated. Regionally consistent rules will ensure simplicity and ease in communicating the bylaw.

33.     An inconsistent approach across local boards is likely to lead to a concentration of issues in the more permissive local board areas.  This is likely to cause conflict with existing users in these areas.  A bylaw that displaces campers from one local board to another would not achieve the policy intent of improved management of the activity.

34.     Simple rules will also allow for more cost-effective signage and easier enforcement.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

i)    includes rules that are simple and regionally consistent

Policy intent is not to manage people who are homeless

35.     The bylaw cannot make a distinction between someone who is on vacation in a vehicle and somebody who is living in a vehicle. This means that the bylaw will have the effect of preventing homeless people from staying for an extended period of time on sites scheduled in the bylaw.

36.     It is not the purpose or intention of the bylaw to manage homelessness. The 2017 freedom camping review identified the profile of freedom campers in Auckland to be predominantly made up of young international travellers (64 per cent) and grey nomads (32 per cent). The problem definition was formulated from this research and the purpose of the bylaw is to manage these groups.

 

37.     Licensing and Regulatory Compliance currently use a graduated enforcement model which considers individual circumstances to guide its regulatory response. Currently when a complaint is made about someone who is homeless, staff take a humane approach to enforcement whereby social service agencies are contacted to ensure they are connected with the right support. The adoption of this bylaw will not change this approach.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

ii)         clarifies (through an explanatory note in the bylaw) that a humane approach to enforcement will be taken to protect vulnerable members of the Auckland community

Bylaw design

38.     To achieve the policy intent of a bylaw which is simple and regionally consistent, it will need to be clear where freedom campers can and cannot go.

39.     Staff recommend that the bylaw include the following four site categories:

·    prohibited

·    restricted (certified self-contained only)

·    restricted (non-self-contained vehicles permitted)

·    not specifically scheduled but general rules apply.

40.     To determine the classification for each site staff completed site assessments. Attachment A contains the following detail:

·    Table 1 – considerations for site assessments

·    Table 2 – matrix to consider the level of protection required and the current or anticipated desirability of the site for a freedom camper.

The council can prohibit freedom camping on sites where a high level of protection is required

41.     Sites with a prohibition will not allow any freedom camping. Staff have recommended sites for a prohibition where there is:

·    evidence that the area, the health and safety of people who may visit the area, or access to the area requires protection

·    the proposed prohibition is proportionate.

42.     Where there is insufficient evidence that a prohibition is required, staff have recommended that the site either be scheduled as restricted or that it is not specifically scheduled and managed through general rules or other regulations (see paragraph 73).

43.     Staff recommend 312 sites require a prohibition through the bylaw. Table 3 of Attachment A includes a full list of these sites. The prohibitions are mapped at a local board area level in Attachment B.

44.     All staff recommendations for prohibited sites were supported by local boards. Staff reassessed sites where local boards were seeking additional prohibitions. Of the 53 sites that were reassessed, staff recommend:

·    fourteen sites to be scheduled as prohibited

·    twenty-six sites are not specifically included in the bylaw and instead managed by general rules or other regulations (site reassessment details can be found in Table 4, Attachment A)

·    thirteen sites to be scheduled as restricted sites (site reassessment details can be found in Table 5, Attachment A).

 

45.     The council must be satisfied that prohibiting freedom camping is a proportionate response to the perceived problem for the site. Staff have assessed areas for their likely desirability to campers. If the area is unlikely to be attractive to freedom campers then a prohibition is unlikely to meet the legislative requirement of a proportionate response. Staff have recommended that these sites not be scheduled in the bylaw.

46.     A number of local boards expressed strong views opposing freedom camping and requested more sites, and in some instances whole local board areas, to be scheduled as prohibited. This approach would not comply with the legislation.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

iii)         only prohibits sites that are likely to be desirable to freedom campers (in alignment with the requirement for a proportionate response to the perceived problem)

iv)        includes the 312 sites in Table 3, Attachment A as prohibited

Restricted sites will provide for proactive management of freedom camping

47.     A site has been classified as restricted if:

·    the evidence does not support a prohibition is required to protect the area, and

·    the site is likely to be attractive to campers.

48.     Restricted sites will have a higher profile as they will be publicised on the council website and third-party apps. These sites will also be identified as places where camping can occur through signage on site.

49.     Staff have assessed that 107 sites should be restricted through the bylaw. Details of all restricted sites can be found in Tables 6 and 7 of Attachment A and in the maps in Attachment B.

50.     Staff recommendations for restricted sites have caused the most concern for some local boards. Table 5 of Attachment A contains 13 sites where local boards have recommended the sites are prohibited, and staff have recommended that the sites are restricted.

51.     The Act does not specify the types of restrictions the council can place on a site, but examples from other territorial authorities include:

·    the type of vehicle allowed

·    maximum number of vehicles allowed

·    only within a designated area on site

·    maximum number of nights stay

·    a departure time in the morning

·    requirements for campers to appropriately dispose of all waste, light no fires and not restrict public access.

52.     Staff have assessed proposed restrictions for whether they meet legislative criteria, effectively manage freedom camping and can be easily implemented. Further options analysis for site specific and general restrictions can be found in Attachment C.

If there is no 24-hour toilet, vehicles must be certified as self-contained

53.     The council can place a restriction on a site that vehicles must be certified to the self-containment standard.

 

54.     The New Zealand Standard for self-contained vehicles (the Standard) requires:

·    fresh water tanks (12 litre capacity minimum per person)

·    a sink

·    grey/black waste water tank (12 litre capacity minimum per person)

·    rubbish bin with a lid

·    a toilet (3 litre holding tank capacity minimum per person).

Further details of the Standard are in Attachment D.

55.     A requirement that vehicles must be certified self-contained at sites where there is no 24-hour toilet will ensure that campers have access to toilet facilities at all times. Staff have assessed that this restriction is a proportionate response as the risk to the environment and health and safety of other users of the site is high.

56.     The bylaw has been developed looking at existing infrastructure. Of the 107 sites recognised as suitable for restricted freedom camping, only 13 were identified as having 24-hour toilet facilities. Except for two sites, located in the Upper Harbour Local Board area and the Kaipātiki Local Board area, the sites staff recommend for non-self-contained camping are all located in the Rodney Local Board area. Further detail of the sites recommended as non-self-contained permitted can be found in Table 7 of Attachment A.

57.     The 2017 pilot survey found approximately 40 per cent of campers reported their vehicle was not self-contained. It is therefore unlikely that the demand for non-self-contained camping in Auckland will be met by providing only 13 sites. While this poses a risk for the effectiveness of the bylaw, staff have assessed that this risk is outweighed by the risk to the environment and health and safety of other users if sites without 24-hour toilets permit non-self-contained vehicles.

58.     Early engagement with community stakeholders and feedback from local boards confirmed that there is a negative perception of non-self-contained campers. It is therefore unlikely that toilets that are currently closed at night will be opened to provide for non-self-contained campers.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

v)         requires vehicles to be certified to the New Zealand Standard for self-contained vehicles NZS 5465:2001 if staying at a site that is restricted to self-contained vehicles

vi)        restricts freedom camping to vehicles that are certified self-contained at the 94 sites in Table 6, Attachment A

vii)       restricts freedom camping at the 13 sites in Table 7, Attachment A (non-self-contained permitted)

Restrictions to include a maximum number of vehicles located within a designated area

59.     Staff recommend that all sites scheduled as restricted in the bylaw include a restriction on the number of freedom campers permitted on the site. The appropriate number will depend on the parking area size and the level of existing other use on site.

60.     A site specific maximum number will assist in the effective management of freedom campers by reducing overcrowding and balancing the needs of other users of the site.

61.     Staff also recommend that camping is confined to a designated area on the site. This will assist in minimising conflict with existing users and residents and also encourage use of facilities such as toilets and rubbish bins.

 

62.     Staff recommend that specific details of the location on site is not contained within the bylaw and is alternatively delegated to appropriate operational staff. This will allow more flexibility to make changes on the site if issues arise. Supply of sites would still be guaranteed by including the maximum number per site in the bylaw.

63.     Where possible, location of campers should be:

·    near toilets and rubbish bins to encourage use

·    in an area likely to cause the least disruption to existing users

·    away from residents and sight lines

·    in areas that have some amenity value for the campers

·    grouped together for ease of implementation.

64.     Feedback from local boards and community stakeholders included that campers should be at least three metres apart to align with the regulations imposed on commercial campgrounds. While this is a relevant consideration for fire safety, it is impractical to implement within existing infrastructure and will reduce the number of camping areas on a site.

Restrictions should include a maximum night stay depending on other uses of the site

65.     Staff recommend that a maximum stay of two nights within a four-week consecutive period be applied to restricted sites.

66.     A two-night maximum will assist in encouraging responsible camping as self-contained vehicles have wastewater capacity for three days. Campers will therefore be encouraged to move on and appropriately dump waste.

67.     The maximum stay will assist with the management of demand and supply of freedom camping spots by ensuring turnover at sites. The pilot study also found that over 80 per cent of campers stay at a site for two nights or less. Campers are more likely to voluntarily comply with this restriction as it aligns to their preference.

68.     Where a specific site has high demand by other users during the day, a more restrictive one-night maximum stay may be appropriate. This will balance the impact on the existing day use of the site with the need to provide more sites for freedom camping.

69.     The pilot study found that approximately 60 per cent of campers preferred a leave time of 10am or later. While camper preference is important, staff recommend that a leave time of 9am be included for high day use sites. This is more aligned to business hours and when parking is likely to be in high demand on these sites. This restriction will assist in minimising conflict with other users of the site by freeing up the parking space.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

viii)       contains a maximum number of campers for each restricted site and delegates the specific design details to appropriate operational staff

ix)        includes a maximum stay of two nights within a four-week consecutive period on restricted sites

x)         includes a maximum stay of one night and a requirement to leave the site by 9am if the site is in high demand by other users during the day

To ensure sufficient supply some restricted sites will need to be on reserves

70.     To provide an adequate number of suitable sites for freedom camping, some restricted sites may be required on land held under the Reserves Act 1977.

 

71.     Section 44 of the Reserves Act 1977 does not permit any camping on a reserve unless a statutory exception applies. Exceptions apply when ministerial consent has been granted or where camping is provided for in a reserve management plan for the reserve. Council has been delegated the power to use ministerial consent to allow camping on reserves.

72.     Staff recommend that the report accompanying the statement of proposal include analysis of reserves where ministerial consent will be required to progress the adoption of the bylaw.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

xi)        contains an analysis of any site identified that is a reserve under the Reserves Act 1977 which also requires ministerial consent to implement the reserve as a restricted camping site in the draft freedom camping bylaw.

Some sites not specified in the bylaw are already covered by other regulations which will control freedom camping

73.     There are a number of provisions in other legislation or regulations that control where freedom camping can occur. On sites not specified in the bylaw these rules will still apply:

·    the Reserves Act 1977 does not permit any camping on a reserve unless an exception applies (as noted in paragraph 71)

·    Public Safety and Nuisance Bylaw 2013 currently prohibits parking vehicles of any kind on parks or beaches without permission

·    under the Auckland Council Traffic Bylaw 2015 and Auckland Transport Traffic Bylaw 2012 all vehicles must abide by parking restrictions as indicated by signage.

Freedom camping is a controlled activity in regional parks and managed through the Regional Parks Management Plan 2010

74.     Camping on regional parks has the following conditions and restrictions:

·    occurs in identified, designated areas which are determined as appropriate for the type of camping in accordance with the objectives and policies contained in the management plan

·    camping in designated camping areas requires booking in advance for a fee

·    camping outside of designated camping areas is prohibited.

75.     Controls such as park rangers, security and gates are used to manage visitors and address camping outside of designated camping areas.

76.     Regional parks were included in assessments to determine whether protection is required through the bylaw or whether the protection under the Regional Parks Management Plan 2010 and current management tools are sufficient. Apart from a few sites in the Waitākere Ranges (where prohibitions have been recommended), regional parks have not been recommended as requiring a prohibition or restriction in the bylaw.

Areas which are not covered by other regulations will be covered by general rules

77.     The default position under the Act is that freedom camping is permitted in areas that are not scheduled in the bylaw or subject to any another enactment. Staff recommend that the bylaw include general rules to apply in these areas.

78.     A general rule that vehicles must be certified self-contained will assist in protecting the environment and the health and safety of other users by ensuring that campers have access to a toilet and rubbish bin at all times.

 

 

79.     A general rule of a two-night maximum stay will also help ensure turnover at sites, minimise conflict with the community and encourage responsible camping (as campers will be more likely to leave the site and appropriately dump of waste). This will help in protecting the area, health and safety of other users and access to the site.

80.     The proposed general rules are consistent with the proposed rules for restricted sites. This will assist in communication of the bylaw and promote voluntary compliance.

Including general rules in the bylaw that apply everywhere poses a risk to people who are homeless

81.     Staff advised the Committee in August that general rules would not be applied to roads. This was an attempt to minimise the risk of the bylaw displacing and penalising homeless as well as any legal risk general rules may carry.

82.     An unintended consequence of restricting freedom camping generally to self-contained vehicles is that this broad approach will place this requirement for any vehicles with people sleeping in them on council controlled or managed land. This will include people who are homeless and living in cars.

83.     While a humane approach to enforcement will assist, there is a risk of displacing, stigmatising and penalising people who are homeless.

84.     Staff have been continuing to investigate ways to limit the scope of the general rules while maintaining the effectiveness of the bylaw. It is likely that an attempt to limit the scope of general rules will create complexity and make enforcement difficult.

85.     Without general rules the council may find that a bylaw displaces the problem from sites that are scheduled in the bylaw to nearby sites that are not included or onto the road network. This would create a more reactive management approach with the bylaw requiring regular amendment. This would involve additional resource and create a reputational risk for the council.

86.     Legal advice has also supported that it would pose some legal risk to have general rules that exclude the road network. This is because the Act requires restrictions to specify the locality of where rules apply.

87.     There is also some legal risk a general restriction on all areas including roads may not be a proportionate response due to:

·    freedom camping primarily occurring on parks and reserves (twenty-two per cent of complaints from January 2017 to February 2018 related to camping on the road network)

·    parking restrictions already manage parking areas, including the roadside, which are in high demand.

While there is some risk, staff have assessed the general rules as a proportionate response to the problem. This is because proactive management was a key justification for developing the bylaw.

88.     Of the 12 Freedom Camping Act 2011 bylaws that staff analysed only Wellington City Council and Western Bay of Plenty District Council do not include general rules. Auckland is larger than these local authorities and contains more variation throughout the region with rural, coastal, urban and metropolitan areas to consider.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

xii)       contains general rules that will apply to areas not specifically scheduled in the bylaw (certified self-contained only and two-night maximum stay)

 

 

Bylaw to be flexible and responsive to change

89.     Issues or events may arise that require a temporary or permanent change to the sites scheduled in the bylaw. These include:

·    third party apps allowing for fast dispersal of information

·    events which may occur on a site

·    when repairs or maintenance may be needed on a site.

90.     Staff recommend that the bylaw should include clauses that provide flexibility and cater for:

·    temporary closures or additional restrictions on a site to prevent damage, allow maintenance, protect safety or events to occur

·    providing individuals or groups prior consent to freedom camp in an area

·    additions or amendments to the schedule of sites as issues arise.

91.     These clauses will ensure that changes to an individual site can be addressed without requiring a full review of the bylaw.

Staff recommend that the Regulatory Committee agree that the statement of proposal:

xiii)       contains clauses that provide flexibility and the ability to be responsive to change.

Strengths and weaknesses of the bylaw design

92.     Staff have assessed that a bylaw designed to these recommendations will:

·    meet legislative requirements

·    increase the supply of sites

·    more effectively manage the primary harms from freedom camping, including conflict with other users

·    minimise the environmental impact of freedom camping

·    encourage responsible camping

·    give the council better enforcement tools to proactively manage freedom camping.

93.     The weaknesses of this bylaw design are:

·    the potential displacement and stigmatisation of vulnerable Aucklanders living in cars

·    the limited provision of sites that permit non-self-contained vehicles.

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

94.     Local boards have a significant interest in freedom camping and their local knowledge has been important to inform site assessments. Staff have worked with local boards through cluster workshops, individual local board workshops and reports to each of the local board business meetings.

95.     Local board feedback was formalised at their June business meetings which included individual site recommendations and general feedback. Full resolutions for each local board can be found in Attachment E. The key recurring themes of general feedback from local boards included:

·    need for enforcement and more resources to administer the bylaw effectively

·    only certified self-contained camping should be provided for

·    concern that even certified self-contained campers don’t use their onboard facilities

·    numbers of campers on a site needs to be limited

·    a booking or permit system should be developed

·    good communication about where campers can go is required

·    signage needs to be clear.

Tauākī whakaaweawe Māori / Māori impact statement

96.     The bylaw has particular relevance for mana whenua due to its impact on the use of land. Staff worked with iwi through the Parks and Recreation Mana Whenua Engagement Forum to receive general feedback in March, and site-specific feedback in August and September. At the time of the close of agenda these hui had not been completed.

97.     Information was also provided at the hui to inform mana whenua about how they can provide further formal submissions on the proposal once it has been notified.

Ngā ritenga ā-pūtea / Financial implications

98.     The cost of printing and installing a sign (including a post) is approximately $110.

99.     For each restricted site there will be at least three signs required, two to mark the designated area and another at the entrance to the park.

100.   Prohibited sites will also need at least one sign. If the area has multiple entrances or distinct carparks more signage may be required.

101.   There may be a need for additional signage for reserves held under the Reserves Act 1977 where local boards want signs to indicate no camping is allowed.

102.   Enforcement of the freedom camping bylaw will be done in alignment with the risk-based compliance approach confirmed by the Committee in October 2017 [REG/2017/93]. Resourcing to enforce the bylaw will therefore be met from existing baselines.

Ngā raru tūpono / Risks

103.   Freedom camping is a controversial issue which evokes strong and divergent views. It is likely that some communities will be unhappy with the bylaw design. This creates a reputational risk for the council.

104.   Evidence based decisions are needed to ensure that the statutory criteria are met. Clear communication about the constraints of the Act and thorough public consultation on the draft bylaw will help ensure that the council can make an informed decision.

105.   Staff are also working with Communications and Engagement to minimise any confusion that may arise out of consultation on the new bylaw during the summer period. This will include clear communication of the application of current rules this summer.

Ngā koringa ā-muri / Next steps

106.   If approved, staff will use the decisions from this report to prepare a statement of proposal for the Committee to endorse at the 8 November 2018 meeting.

107.   If endorsed, the statement of proposal will then go to the Governing Body to adopt for public consultation.


 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Site Assessments

25

b

Local board area

49

c

Options Analysis for site specific restrictions and general rules

75

d

Further detail about certified self-contained

89

e

Local board resolutions

91

      

Ngā kaihaina / Signatories

Authors

Jillian Roe - Policy Analyst

Michael Sinclair - Manager Social Policy and Bylaws

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

Penny Pirrit - Director Regulatory Services

 


Regulatory Committee

13 September 2018

 

 

Attachment A – Site Assessments

 

Table 1 - considerations for site assessments

·         places that freedom camping is known to occur

·         impacts of freedom camping on sites

·         complaints received from the public

·         size and condition of parking area

·         existing use of an area including any leases

·         existing facilities including toilets, rubbish bins, drinking water and gates

·         safety of an area

·         environmental, historical or cultural significance of an area.

 

 

Table 2 – matrix to consider the level of protection required and the current or anticipated desirability of the site for a freedom camper

 

 


 

 

 

Table 3 – sites recommended to be scheduled as prohibited

Albert-Eden Local Board Area

Name

Location

Coyle Park

528 Pt Chevalier Road, Point Chevalier

Heron Park

1625-1627 Great North Road, Waterview

Nixon Park

11 Central Road, Kingsland

 

Devonport-Takapuna Local Board Area

Name

Location

Achilles Crescent Reserve

13 Achilles Crescent, Narrow Neck

Auburn Street Reserve

8 Auburn Street, Takapuna

Barry's Point Reserve

37 Fred Thomas Drive, Takapuna

Becroft Park Reserve

8A Becroft Drive, Forrest Hill

Brian Byrnes Reserve (also referred to as Bryan Byrnes Reserve)

16 Inga Road, Milford

Dacre Park

29 Lake Road, Devonport

Devonport Domain

52 King Edward Parade, Devonport

Fort Takapuna Reserve

170 Vauxhall Road, Narrow Neck

Gair Lookout

188 Lake Road, Belmont

Greville Reserve

253 Forrest Hill Road, Forrest Hill

Henderson Park – Takapuna

6 Kitchener Road, Takapuna

Kennedy Park

137 Beach Road, Castor Bay

Killarney Park

39 Killarney Street, Takapuna

Lansdowne Reserve

19 Lansdown Street, Bayswater

Marine Parade Reserve

11 Sir Peter Blake Parade, Bayswater

Milford Reserve

24 Craig Road, Milford

Mount Cambria Reserve

50 Church Street, Devonport

Narrow Neck Beach

2 Old Lake Road, Narrow Neck

Quarry Lake Reserve

2 Northcote Road, Takapuna

Queens Parade Reserve

Queens Parade, Devonport

Sunnynook Park

90 Sunnynook Road, Sunnynook

Sylvan Park

17 Sylvan Park Avenue, Milford

Taharoto Park

13 Taharoto Road, Takapuna

Takapuna Aquatic Building

37 Killarney Street, Takapuna

Takapuna Beach
including roadside parking by Gould Reserve

37 The Strand, Takapuna

Vauxhall Sports Fields

28 Vauxhall Road, Devonport

Wairau Estuary Reserve

1 Beach Road, Milford

Woodall Park

2 Old Lake Road, Narrow Neck

 

 


 

 

 

Franklin Local Board Area

Name

Location

Beachlands Library Grounds

75 Second View Avenue, Beachlands

Big Bay Reserve - hardstand area by playground

Big Bay Road, Big Bay

Bledisloe Park – Franklin

124 Queen Street, Pukekohe

Clarks Beach Boat Ramp, Clarks Beach Recreation Reserve & Golf Club

Stevenson Road, Clarks Beach

Clarks Beach-Wilson Beach Access

Torkar Road, Clarks Beach

Gap Road Recreation Reserve (aka Orua Bay Reserve)

Gap Road, Orua Bay

Kawakawa Bay Foreshore

Kawakawa Bay Coast Road, Kawakawa Bay

Maraetai Community Hall Grounds

12 Rewa Road, Maraetai

Maraetai Library Reserve

211 - 213 Maraetai Drive, Maraetai

Maraetai Park and Maraetai Foreshore

188 Maraetai Drive, Maraetai

Omana Esplanade

26 Omana Esplanade

Orere Point Library and Grounds

Orere Point and Howard Road

Orpheus Road Boatramp

Orpheus Road, Franklin, Manukau Head

Pohutukawa Park (Whitford)

22 Whitford-Maraetai Road, Whitford

Rautawa Place Reserve

20 Kawakawa-Orere Road, Clevedon

Sandspit Reserve – Waiuku

15 Rangiwhea Road, Waiuku

Strathfield Lane Esplanade Reserve

27 Strathfield Lane, Whitford

Te Puru Park

954 Whitford-Maraetai Road, Whitford

Waiau Beach Boatramp Reserve

Wharf Road, Waiau Beach

Waitangi Falls Esplanade Reserve

Waitangi Falls Road, Glenbrook

Waiti Bay Reserve

182 Kawakawa Bay Coast Road

Waiuku Sports Park

34 King Street, Waiuku

Whitford Wharf Road Reserve

Whitford Wharf Road, Whitford

 

Great Barrier Island Local Board Area

Name

Location

Blind Bay (parking area by wharf)

Opposite 670 Blind Bay Road

Claris Airfield & Parking

70 Hector Sanderson Road

Claris Playground

80 Hector Sanderson Road

Gooseberry Flat

Opposite 418 Shoal Bay Road

Medlands Carpark

Sandhills Road

Medlands Playground Reserve

73 Sandhills Road

Mulberry Grove Reserve & School

271 Shoal Bay Road

Okiwi Airfield

1370 Aotea Road

Okupu Reserve

Blind Bay Road

Old Service Centre Build. Great Barrier

75-81 Hector Sanderson Road

Sandhills Reserve

143 Sandhills Road, Medlands

Tryphena Hall

1 Medland Road

 

 


 

 

Henderson-Massey Local Board Area

Name

Location

Bridge Avenue Reserve

Bridge Avenue, Te Atatu South

Cranwell Park

20 Alderman Drive, Henderson

Fred Taylor Park

184 Fred Taylor Drive, Whenuapai

Henderson Park

41A Wilsher Crescent, Henderson

Jack Colvin Park

44 Titoki Street, Te Atatu Peninsula

Jack Pringle Village Green

595 Te Atatu Road, Te Atatu Peninsula

Lloyd Morgan Lions Club Park

247 Edmonton Road, Te Atatu South

Makora Park

147 Royal Road, Massey

McLeod Park

200 McLeod Road, Te Atatu South

Moire Park

91 Moire Road, Massey

Opanuku Reserve

1B Henderson Valley Road, Henderson

Roberts Field

111 Roberts Road, Te Atatu South

Trusts Arena

Central Park Drive, Henderson

Waitakere Central (aka Waitakere Civic Centre)

6 Henderson Valley Road, Henderson

Waitakere Central One       

2-4 Henderson Valley Road, Henderson

 

Hibiscus and Bays Local Board Area

Name

Location

Aicken Reserve

948 Beach Road, Waiake

Arundel Reserve

467 Hibiscus Coast Highway, Orewa

Browns Bay Beach Reserve - from Manly Esplanade to Anzac Road and adjacent roadside and Valley Road carpark

3 Manly Esplanade, Browns Bay

Browns Bay Village Green

11 Inverness Road, Browns Bay

Centennial Park - Campbells Bay

184 Beach Road, Campbells Bay

Churchill Reserve

101A Churchill Road, Murrays Bay

Fishermans Rock Reserve

Whangaparaoa Road, Army Bay

Grant Park

43 Hatton Road, Orewa

Gulf Harbour Recreation Reserve

40 Gulf Harbour Drive, Gulf Harbour

Kinloch Reserve

385 Hibiscus Coast Highway, Orewa

Little Manly Beach Reserve

899A Whangaparaoa Road, Manly

Loop Road Reserve

Loop Road, Orewa

Mairangi Bay Beach Reserve - including adjacent roadside parking

16 Brighton Terrace, Mairangi Bay

Manly Park – parking area by boat ramp

Laurence Street, Manly

Metro Park East

218 Millwater Parkway, Silverdale

Murrays Bay Beach Reserve

513A Beach Road, Murrays Bay

Orewa North Lookout

Hibiscus Coast Highway, Orewa

Orewa Reserve

265 Hibiscus Coast Highway, Orewa

Red Beach Waterfront Reserve

10 Ngapara Street, Red Beach

Remembrance Reserve

365 Hibiscus Coast Highway, Orewa

Rock Isle Beach Reserve

52 Rock Isle Road, Torbay

Silverdale War Memorial Park

12 Hibiscus Coast Highway, Silverdale

Stillwater Reserve - including adjacent roadside parking

1A Duck Creek Road, Stillwater

Swann Beach Reserve

31A Swann Beach Road, Manly

 


 

 

Hibiscus and Bays Local Board Area

Name

Location

Waiake Beach Reserve  - including adjacent roadside parking

921 Beach Road, Waiake

Western Reserve

2 Centreway Road, Orewa

Whale Cove Reserve

24 Whale Cove, Stanmore Bay

 

Howick Local Board Area

Name

Location

Barry Curtis Park – parking areas as follows:

Flat Bush Road entrance

Chapel Road, Ormiston Activity Centre Stancombe Road entrance

163 Chapel Road, Flat Bush

Bramley Drive Reserve (aka Farm Cove Reserve)

18 Bramley Drive, Farm Cove

Bucklands & Eastern Beach War Memorial Hall

48 The Parade, Bucklands Beach (also known as 1 Wharf Road, Bucklands Beach)

Bucklands Beach (also known as Grangers Point)

56 The Parade, Bucklands Beach

Bucklands Beach Domain

32 Morrow Avenue, Bucklands Beach

Eastern Beach

49 The Esplanade, Eastern Beach

Lloyd Elsmore Park – parking areas as follows:

Athletic club area

Cricket club area

Historical village area

Netball centre area

Pool and leisure centre area

Hockey club area

Bowling club area

Depot area

2 Bells Road, Pakuranga Heights

Nixon Centennial Park (aka Nixon Park)

70 Sale Street, Howick

Pakuranga Community Hall

346 Pakuranga Road, Howick

Point View Reserve

111 Point View Drive, East Tamaki Heights

Rogers Park

178 Clovelly Road, Bucklands Beach

 

Kaipātiki Local Board Area

Name

Location

Birkenhead War Memorial Park – parking area accessed from Birkenhead Avenue/Recreation Drive entrance

102 Birkenhead Avenue, Birkenhead 

Cecil Eady Reserve service access road

Fowler Street to Woodside Avenue

Chelsea Estate Heritage Park 

Colonial Road, Birkenhead

Glenfield Cemetery – Eskdale Park

226 Eskdale Road, Birkenhead

Heath Reserve

140 Exmouth Road, Northcote

Hinemoa Park

Bottom of Hinemoa Street, Birkenhead Point

Island Bay Reserve

113 Island Bay Road, Beach Haven

Kauri Point Centennial Park  - roadside parking area

93 Onetaunga Road, Chatswood

Lindisfarne Reserve

229 Lake Road, Northcote

 


 

 

Kaipātiki Local Board Area

Name

Location

Little Shoal Bay Reserve

Maritime Terrace, Northcote Point

Manuka Reserve 

215 Manuka Road, Bayview 

Onepoto Domain

Tarahanga Street, off Sylvan Avenue, Northcote 

Onewa Domain 

44 Northcote Road, Northcote

Shepherds Park

31-35 Cresta Avenue, Beach Haven

Sulphur Beach Reserve 

Sulphur Beach Road, Northcote Point 

 

Māngere-Ōtāhuhu Local Board Area

Name

Location

32 Kiwi Esplanade and Kiwi Esplanade Stone Wall Foreshore

32 Kiwi Esplanade, Mangere

Bader Drive Plunket Clinic 

18A Bader Drive Mangere

DB Grounds 

113 Bader Drive, Mangere (vehicle access from Killington Crescent) 

Fairburn Reserve  (includes Otahuhu Pool & Leisure Centre)

Mason Avenue, Otahuhu

House Park

241 Kirkbride Road, Mangere

Mangere Domain

11 Taylor Road, Mangere Bridge

Massey Homestead 

337 Massey Road, Mangere East 

Old Otahuhu Recreation Centre 

7 Piki Thompson Way, Otahuhu

Old School Reserve

283-289 Kirkbride Road, Mangere

Portage Canal Foreshore Reserve 

Portage Road Otahuhu

Seaside Park 

1-15 Brady Road, Otahuhu  

 

Manurewa Local Board Area

Name

Location

David Nathan Park

68R Hill Road, Hill Park

Finlayson Avenue Reserve

76R Finlayson Avenue, Manurewa

Finlayson Community House Reserve

60R Finlayson Avenue, Manurewa

Hazards Road Foreshore

29R Greers Road, Weymouth

Inverell Park

11R Inverell Avenue, Wiri

Weymouth Community Hall

11 Beihlers Road, Manurewa

 

Maungakiekie-Tāmaki Local Board Area

Name

Location

Allenby Reserve

50-54 Allenby Road, Panmure

Domain Reserve

36-46 Lagoon Drive, Panmure

Ian Shaw Park

252A Panama Road Mount Wellington

Mt Wellington War Memorial Reserve

50 Dunkirk Road, Panmure

Onehunga Bay Reserve

71-91 Beachcroft Avenue, Onehunga

Panmure Basin – Ireland Road Entrance

100 Ireland Road

Panmure Basin – Peterson Road Entrance

10 Peterson Road, Panmure

Panmure Wharf Reserve

102-104, Kings Road, Panmure

 


 

 

Maungakiekie-Tāmaki Local Board Area

Name

Location

Point England Reserve - by Glen Innes Pool & Leisure

122 Elstree Avenue, Point England

Point England Reserve - by sportsfield

122 Elstree Avenue, Point England

Waipuna East Reserve

157 Waipuna Road East, Panmure

 

Ōrākei Local Board Area

Name

Location

Churchill Park – Kinsale Avenue, Forfar Road and Chelmsford Avenue parking areas

320 – 336 Riddell Road, Glendowie

Martyn Wilson Fields & Sonia Reserve

153-183 Shore Road, Remuera

Michael Joseph Savage Memorial

19 Hapimana Street, Orakei

Selwyn Reserve - Mission Bay

48-56 Tamaki Drive, Mission Bay

St Heliers Bay Beach Reserve

384 Tamaki Drive, St Heliers

St Heliers Community Library and Hall

32 St Heliers Bay Road, St Heliers

Tahuna Torea Nature Reserve

340 West Tamaki Road, Glendowie

Thomas Bloodworth Park and Shore Road Reserve

2-30 Shore Road, Remuera and 32B Shore Road, Remuera

Vellenoweth Green

353-359 Tamaki Drive St Heliers

 

Ōtara-Papatoetoe Local Board Area

Name

Location

Clover Park Community House

16 Israel Avenue, Otara

Colin Dale Park

87R Prices Road, Manukau Central

Hayman Park

51-55 Lambie Dr, Manukau

Manukau Memorial Gardens

361 Puhinui Road, Papatoetoe

Manukau Sports Bowl

1 Boundary Road, Otara

Ngati Otara Park

100 Otara Road, Otara

Otara Centre Grounds and Town Centre including Bairds Road Playground

Bairds Road, Otara

Otara Recreation Centre Grounds

20 Newbury Street, Otara

Papatoetoe Recreation Grounds including Kingswood Reserve

295 Great South Road, Papatoetoe

Te Puke o Tara Sports Park

383 East Tamaki Road, East Tamaki

 

Papakura Local Board Area

Name

Location

Central Park Reserve (including Wood Street Carpark)

57 Wood Street, Papakura

Hingaia Esplanade

265 Harbourside Drive, Hingaia

Longford Park Esplanade Reserve

1 Great South Road, Papakura

Pahurehure Esplanade Reserve

21 Cliff Road, Papakura

Slippery Creek Reserve

137 Great South Road, Drury

Southern Park and Kirks Bush

44 Beach Road, Papakura

 


 

 

Puketāpapa Local Board Area

Name

Location

Hillsborough Park

27-45 Carlton Street, Hillsborough

Keith Hay Park - Arundel Street parking area

660 Richardson Road, Mount Roskill Note: Rainford Street parking area assessed separately

Monte Cecelia Park

72A Hillsborough Road, Hillsborough

Taylors Bay Road Reserve

Bluff Terrace, Hillsborough

Waikowhai Park

8 Waikowhai Road, Mount Roskill

Wairaki Stream Reserve (Lynfield Cove)

70A Gilletta Road, Blockhouse Bay

War Memorial Park  - May Road parking area

13 May Road, Mount Roskill

 

Rodney Local Board Area

Name

Location

Albert Dennis Reserve

Mahurangi West Road, Mahurangi West

Albro Lane

17 Albro Lane, Algies Bay

Ariki Reserve

Ariki Drive, Snells Beach

Coatesville Recreation Reserve

12 Mahoenui Valley Road, Coatesville

Glasgow Park

65 Muriwai Road, Waimauku

Goodall Reserve

326 Mahurangi East Road, Snells Beach

Helensville Civic Centre Grounds

49 Commercial Road, Helensville

Highfield Garden & The Glade Reserve

31a Fidelis Avenue, Algies Bay

Huapai Recreation Reserve

46 Tapu Road, Huapai

Huapai Service Centre/Kumeu Library

24 Oraha Road, Huapai

Jamieson Bay Esplanade Reserve

44 Jamieson Road, Mahurangi West

Kaipara Flats Cemetery

1703 Kaipara Flats Road, Kaipara Flats

Kaukapakapa Hall/Library/ Fire Station

943 Kaipara Coast Highway, Kaukapakapa

Lake Ototoa Reserve

Donohue Road, Waioneke

Leigh Domain

9-11 Albert Street, Leigh

Leigh Hall Grounds

4 Cumberland Street

Leigh Library and Grounds

15 Cumberland Street

Mahurangi West Hall

401 Mahurangi West Road, Mahurangi West

Martins Bay Grounds (by boat ramp area)

287 Martins Bay Road, Mahurangi East

McElroy Reserve

500 Cowan Bay Road, Pohuehue

Mosquito Bay

South Head Road, South Head

Muriwai Beach Playground

341 Motutara Road, Muriwai

Muriwai Village Green

Coast Road, Muriwai

Omaha Beach Boat Launching & Wharf

223 Omaha Drive, Omaha

Omaha Reserve

15 North West Anchorage, Omaha

Opahi Bay Beach Reserve

Opahi Bay Road, Opahi Bay

Pakiri Hall Grounds

1026 Pakiri Road, Pakiri

Point Wells Foreshore Reserve

36 Harbour View Road, Point Wells

Puhoi Band Rotunda

2 Ahuroa Road, Puhoi

Puhoi Cemetery

160 Ahuroa Road, Puhoi

Puhoi Pioneer's Memorial Park Domain

Domain Road, Puhoi

Rautawhiri Park

164 Rautawhiri Road, Helensville

Sandspit Reserve – Rodney

1336 Sandspit Road, Sandspit

 


 

 

Rodney Local Board Area

Name

Location

Shoesmith Domain Recreation Reserve

Shoesmith Street, Warkworth

Te Moau Reserve and River Esplanade

25 Te Moau Avenue, Parakai

The Landing – Riverhead

The Landing, Riverhead

Ti Point Walkway

Ti Point Road, Ti Point

Waimauku War Memorial Hall

22 Waimauku Station Road, Waimauku

Wainui Cemetery

26 Cemetery Road, Wainui

Warkworth Service Centre & Library Grounds.

1A Baxter Street, Warkworth

Warkworth Showgrounds

2 Great North Road, Warkworth

Warkworth Town Hall Grounds

2 Alnwick Street, Warkworth

Whangateau Reserve and Whangateau Hall Grounds

533 Leigh Road, Whangateau

 

Upper Harbour Local Board Area

Name

Location

Albany Domain

21 Library Lane, Albany

Attwood Reserve

138 Attwood Road, Paremoremo

Bay City Park

50 Andersons Road, Browns Bay

Caribbean Sportsfield (Unsworth Reserve)

67 Caribbean Drive, Unsworth Heights

Collins Park

15 Greenhithe Road, Greenhithe

Constellation Reserve

1 Upper Harbour Highway, Rosedale

Greenhithe War Memorial Park

10 Roland Road, Greenhithe

Kell Park

257 Dairy Flat Highway

Landing Reserve

The Terrace, Herald Island

Luckens Reserve

84-100 Marina View Drive, West Harbour

Malcolm Hahn Memorial Reserve (aka Whenuapai Hall Reserve)

41-43 Waimarie Road, Whenuapai

Meadowood Reserve

55 Meadowood Drive,Unsworth Heights

North Shore Memorial Park

235 Schnapper Rock Road, Schnapper Rock

Rahui Reserve

17 Rahui Road, Greenhithe

Rame Reserve

101 Rame Road, Greenhithe

Sanders Reserve (and road area by entrance)

180-186 Sanders Road, Paremoremo

Three Streams Reserve

335 Dairy Flat Highway, Lucas Heights

Wainoni Park North

56 Churchouse Road, Greenhithe

Wainoni Park South

52 Greenhithe Road, Greenhithe

Wharepapa Reserve

286 Schnapper Rock Road, Schnapper Rock

 

 


 

 

Waiheke Island Local Board Area

Name

Location

Blackpool Park

23-35 Nikau Road, Waiheke Island

Kennedy Point Wharf Carpark

Donald Bruce Road, Surfdale

Little Oneroa Reserve

205 Ocean View Road, Oneroa

Newton Reserve

26 Newton Road, Oneroa

Onetangi Cemetery

133-165 O'Brien Road, Oneroa

Onetangi Sports Park (Rangihoua)

133-165 O'Brien Road, Oneroa

Palm Beach Reserve

53 Palm Road, Palm Beach

Putiki Reserve

14 Shelly Beach Road, Waiheke Island

Surfdale Hall Reserve & Foreshore

4 Hamilton Road, Surfdale

Waiheke Island Artworks

2-4 Korora Road, Oneroa

Waiheke Island Sports Club

43 Causeway Road, Waiheke Island

Wharf Road Esplanade Reserve

Wharf Road, Ostend

 

Waitākere Ranges Local Board Area

Name

Location

Armour Bay Reserve

2 Armour Road, Parau

French Bay Esplanade

Otitori Bay Road, French Bay  

Entrance of Goldie Bush Walkway

Horseman Road, Waitakere

Huia Domain 

1193 Huia Road, Huia

Karekare Reserve

2 Karekare Road, Karekare

Laingholm Hall Reserve

69 Victory Road, Laingholm

Les Waygood Park

2A North Piha Road, Piha

Levy Reserve

4 Levy Road, Glen Eden

Little Huia Beach

Huia Road, Huia 

Lopdell Hall and House

418 Titirangi Road, Titirangi

North Piha Esplanade

North Piha Road, Piha

North Piha Strand

Marine Parade North, Piha

Opou Reserve  (end of Opou Road)

42 Opou Road, Wood Bay 

Piha Domain

21 Seaview Road, Piha

Piha South Road Reserve

Marine Parade South, Piha

Prospect Park

13 Pisces Road, Glen Eden

Sandys Parade

Sandys Parade, Laingholm Bay 

Swanson Cemetery  

54 Oneills Road, Swanson 

Swanson Station Park (railway station)

760 Swanson Road, Swanson

Tangiwai Reserve 

201 Huia Road, Titirangi 

Te Henga Park

257 Bethells Road, Te Henga Beach (Bethells Beach) 

Titirangi Beach

Aydon Road, Titirangi 

Waiatarua Reserve

911 West Coast Road, Waiatarua   

Waikumete Cemetery

4128A Great North Road, Glen Eden 

Waitakere Ranges Regional Park, specifically: Cornwallis Beach   - Pine Avenue (excluding current SCC camping area) and End of Whatipu Road, Whatipu, Omanawanui Track carpark

Pine Avenue, Cornwallis Beach and Whatipu Road, Whatipu

Wood Bay Reserve 

Wood Bay Road, Wood Bay (near Titirangi) 

 


 

 

Waitematā Local Board Area

Name

Location

Auckland Domain

20 Park Road, Grafton

Cox’s Bay Reserve

44-66 West End Road, Herne Bay

Dove Myer Robinson Park

85-87 Gladstone Road, Parnell

Grey Lynn Park

69-71 Williamson Avenue, Grey Lynn

Highwic House

40 Gillies Avenue, Epsom

Judges Bay Reserve and Parnell Baths

25 Judges Bay Road, Parnell

Meola Reef Reserve

171 Meola Road, Point Chevalier

Myers Park

72 Greys Avenue, Auckland Central

Outhwaite Park

53 Carlton Gore Road, Newmarket

Pt Erin Park

94 Shelly Beach Road, Ponsonby

Seddon Fields

180 Meola Road, Point Chevalier

St Mary’s Road Reserve

St Marys Road, Ponsonby

Victoria Park

203-271 Victoria Street West, Auckland Central

Wynyard (tank farm)

Brigham Street and Hamer Street

 

Whau Local Board Area

Name

Location

Blockhouse Bay Beach Reserve

66-79 Endeavour Street, Blockhouse Bay

Blockhouse Bay Recreation Res

31-35 Terry Street, Blockhouse Bay

Craigavon Park

82-86 Kinross Street, Blockhouse Bay

Sister Rene Shadbolt Park

130 Portage Road, New Lynn

 


 

 

Table 4 – sites reassessed where staff recommend the site is not specifically included in the bylaw

Albert-Eden Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Phyllis Reserve

22 Phyllis Street, Mount Albert

Restricted (certified self-contained only)

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Twenty other parks assessed as high risk/low desirability sites within Albert-Eden Local Board area

Not included in bylaw

Prohibited

Not included in bylaw

Including sites assessed as low desirability is not a proportionate response. Where land is held under the Reserves Act, management of camping activity is available.

Hibiscus and Bays Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Duncansby Lookout and Esplanade Reserve

37 Duncansby Road, Stanmore Bay

Restricted (certified self-contained only)

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, location of site may mean use by campers is low.

Orewa Library carpark

12 Moana Avenue, Orewa

Restricted (certified self-contained only)

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, parking restrictions on site available to manage the activity.

Red Beach Lookout Reserve, Vista Motu

200 Whangaparaoa Road, Red Beach

Restricted (certified self-contained only)

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

 

 


 

 

Edith Hopper Park

Ladies Mile, Manly

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Cooper-Lea Reserve

17 Cooper Road, Stanmore Bay

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Manly Park

Laurence Street, Manly

Not included in bylaw

Prohibited

Not included in bylaw (except for area by boat ramp)

With the exception of the area by the boat ramp which is now recommended as prohibited, there is insufficient evidence to prohibit the rest of the site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Silverdale Reserve

33 Silverdale Street, Silverdale

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site.  Parking restrictions on site available to manage the activity.

Kaipātiki Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Rotary Grove (Northcote)

49 Lake Rd, Northcote

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Akoranga Reserve

7 Akoranga Drive, Northcote

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.  In addition, parking signs on site may deter activity.

 


 

 

Inwards Reserve

57 Salisbury Road, Birkdale

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Agincourt Reserve

7 Agincourt Street, Glenfield

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Elliott Reserve

34 Elliott Avenue, Bayview

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

John Kay Park

89 Waipa Street, Birkenhead

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Kaipatiki Park

146 Kaipātiki Road, Glenfield

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Kauri Park

8 Island Bay Road, Beach Haven

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site and slope of parking area may mean use by campers is low.

Kitewao Street Esplanade Reserve

11 Kitewao Street, Northcote

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site. In addition, parking signs on site may deter activity.

 


 

 

Marlborough Park

13 Chartwell Avenue, Glenfield

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

McFetridge Park

115 Archers Road, Hillcrest

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Powrie Reserve carpark and access road

36 Powrie Street, Glenfield

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low.

Tamahere Reserve

21 Tamahere Drive, Glenfield

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Target Reserve

80 Target Road, Totara Value

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low.

450 Glenfield Road

Not included in bylaw

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. Location of site may mean use by campers is low.

Manurewa Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Laurie Gibbons Memorial Park

38R Gibbons Road, Weymouth

Restricted (certified self-contained only)

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, location of site may mean use by campers is low.

 


 

 

Maungakiekie-Tāmaki Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Flat Rock Reserve

416A Panama Road, Mount Wellington

Restricted (certified self-contained only)

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

Ōrākei Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Churchill Park (Riddell Road carpark)

320-336 Riddell Road, Glendowie

Restricted (certified self-contained only)

Prohibited

Not included in bylaw

Insufficient evidence to prohibit site. If site not to be profiled as a restricted site, location of site may mean use by campers is low. Management of camping activity also available under Reserves Act for site.

 


 

 

Table 5- sites reassessed where staff recommend the site is scheduled in the bylaw as restricted

Albert-Eden Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Eric Armishaw Park

117 Walker Road, Point Chevalier

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition

Fowlds Park

50 Western Springs Road, Mount Albert

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition

Raymond Reserve

23-27 Raymond Street, Point Chevalier

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition

Western Springs Gardens

956–990 Great North Road, Point Chevalier

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

Hibiscus and Bays Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Victor Eaves Park

87 Florence Avenue, Orewa

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

Kaipātiki Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

A F Thomas Park

21 Northcote Road, Wairua Valley 

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

 


 

 

Birkenhead War Memorial Park (parking area with entrance off John Court Street)

102 Birkenhead Avenue, Birkenhead 

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

Dudding Park Sportsfield – hardstand parking area located opposite Little Shoal Bay behind tennis courts

11-17 Council Terrace, Northcote Point 

Restricted  (non-self-contained permitted)

Prohibited

Restricted  (non-self-contained permitted)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

Maungakiekie-Tāmaki Local Board Area

Location of Site

Staff assessment in local board report

Local board recommendation

Staff reassessment of site

Comments following reassessment of site

Gloucester Park North

62 Onehunga Mall, Onehunga

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

Jellicoe Park & Onehunga War Memorial Pools

1 Park Gardens, Onehunga

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

Panmure Basin

Cleary Road

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

Taumanu Reserve - Onehunga Foreshore

Orpheus Drive, Onehunga

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

 


 

 

 

Waikaraka Park - Captain Springs Road entrance – behind sports fields

175-243 Neilson Street, Te Papapa

Restricted (certified self-contained only)

Prohibited

Restricted (certified self-contained only)

No additional evidence to provide for site requires prohibition. Site in a potentially desirable area for campers.

 


 

 

Table 6- sites recommended to be scheduled as restricted (limited to certified self-contained vehicles)

Albert-Eden Local Board Area

Name

Location

Eric Armishaw Park

117 Walker Road, Point Chevalier

Fowlds Park

50 Western Springs Road, Mount Albert

Raymond Reserve

23-27 Raymond Street, Point Chevalier

Western Springs Gardens

956–990 Great North Road, Point Chevalier

 

Franklin Local Board Area

Name

Location

Centennial Park - Waiuku

14 Kitchener Road, Waiuku

Clevedon Showgrounds Reserve

73 Monument Road, Clevedon

Clevedon Wharf Reserve

58 Clevedon-Kawakawa Road, Clevedon

Glenbrook Beach Boat Ramp Reserve

McLarin Road, Glenbrook

Hamiltons Gap West Coast Road, Awhitu

West Coast Road, Awhitu

Hudsons Beach Recreation Reserve

Hudson Road, Waiuku

Jack Lachlan Drive Esplanade Reserve  - Pine Harbour Marina Carpark

230 Jack Lachlan Drive, Beachlands

Maraetai Dressing Sheds Reserve

1R Maraetai Drive, Maraetai (at end of beach near Magazine Bay area)

Matakawau Point Reserve

Matakawau Road, Waiuku

Orere Point Beach Reserve

29 Howard Road, Orere Point

Recreation And Parking (aka Colson Lane)

18 Carlton Crescent, Maraetai

Rosa Birch Park

Beresford Street, Pukekohe

Sunkist Bay Reserve

52 First View Avenue, Beachlands

Tamakae Reserve

15-17 King Street, Waiuku

Te Toro Reserve

Te Toro Road, Waiuku

Waiomanu Reserve (aka Magazine Bay)

15 Maraetai Coast Road, Clevedon

Waiuku Service Centre and Kevan Lawrence Park

12 King Street, Waiuku

Whitford Point Reserve

Cleveon-Kawakawa Road

 

Hibiscus and Bays Local Board Area

Name

Location

Gulf Harbour Marina Hammerhead Reserve

40 Gulf Harbour Drive, Gulf Harbour

Hatfields Beach Recreation Reserve

544 Hibiscus Coast Highway, Orewa

Stanmore Bay Park

159-177 Brightside Road, Stanmore Bay

Victor Eaves Park

87 Florence Avenue, Orewa

 


 

 

Howick Local Board Area

Name

Location

Barry Curtis Park  - parking area off Chapel Road, St Pauls area

163 Chapel Road, Flat Bush

Eastern Beach Caravan Park

67R The Esplanade, Eastern Beach, Howick

Howick Beach

4 Granger Road, Howick

Lloyd Elsmore Park  - parking areas by Bell Field/rugby club area

2 Bells Road, Pakuranga Heights

Mangemangeroa Reserve

108 Somerville Road, Howick

Moore Street 27 Grounds

27 Moore Street, Howick

Uxbridge Road 20 & 24 grounds

20 - 24 Uxbridge Road, Howick

 

Kaipātiki Local Board Area

Name

Location

A F Thomas Park 

21 Northcote Road, Wairua Valley 

Birkenhead War Memorial Park – parking area accessed off John Court Street entrance

102 Birkenhead Avenue, Birkenhead 

 

Māngere-Ōtāhuhu Local Board Area

Name

Location

84 Kiwi Esplanade

84 Kiwi Esplanade

David Lange Park

98 Bader Drive, Mangere

Mangere Centre Park

141 Robertson Road, Mangere East 

Moyle Park

48R Bader Drive, Mangere

Sturges Park

Awa Street Otahuhu

Swanson Park

7 Church Road, Mangere Bridge

Waterfront Road Reserve

Waterfront Road, Mangere Bridge

 

Maungakiekie-Tāmaki Local Board Area

Name

Location

Gloucester Park North

62 Onehunga Mall, Onehunga

Jellicoe Park & Onehunga War Memorial Pools

1 Park Gardens, Onehunga

Panmure Basin – Cleary Road Entrance

Cleary Road, Panmure

Taumanu Reserve  - Onehunga Foreshore

Orpheus Drive, Onehunga

Waikaraka Park  - Captain Springs Road entrance

175-243 Neilson Street, Te Papapa

 


 

 

Ōrākei Local Board Area

Name

Location

Andersons Beach Reserve

379 Riddell Road, Glendowie

Glover Park

32 Glover Road, St Heliers

Madills Farm Recreation Reserve

6 Baddeley Avenue, Kohimarama

Orakei Domain

40 Reihana Street, Orakei

Tamaki Drive Reserve - next to Lilliput

Tamaki Drive, Central Auckland

 

Ōtara-Papatoetoe Local Board Area

Name

Location

Puhinui Reserve

108 Prices Road, Manukau Central

 

Papakura Local Board Area

Name

Location

Bottletop Bay Esplanade

206 Oakland Road, Hingaia

Brylee Drive Reserve

12 Brylee Drive, Conifer Grove

Davis Car Park

36 Coles Crescent, Papakura

Drury Domain and Drury Library & Hall

10 Tui Street, Drury

Drury Sports Complex

20 Bremner Road, Drury

Hingaia Reserve

Hingaia Road (near 380 Hingaia Road), Hingaia

Prince Edward Park

1 Wharf Street, Papakura

Ray Small Park

17 Ray Small Drive, Papakura

Walter Strevens Reserve

101 Walter Strevens Drive, Conifer Grove

 

Puketāpapa Local Board Area

Name

Location

Keith Hay Park - Rainford Street parking area

660 Richardson Road, Mount Roskill

Margaret Griffen Park

16-38 Griffen Park Road, Mount Roskill

Three Kings Reserve

1011 Mount Eden Road, Mount Roskill

War Memorial Park  - Gifford Road parking areas

13 May Road, Mount Roskill

 

Rodney Local Board Area

Name

Location

Alexander Recreation Reserve

42 Alexander Road, Algies Bay

Baddeleys Beach Reserve

Baddeleys Beach Road, Baddeleys Beach

Buckleton Beach Reserve

Buckleton Road, Buckleton Beach

Campbells Beach

Campbells Road, Campbells Bay

Cement Works

Wilson Road, Warkworth

Church Hill, 8

8 Church Hill, Warkworth

Helensville River Reserve

98 Mill Road, Helensville

Matheson Bay Reserve

Matheson Bay Road, Matheson Bay

Parry Kauri Park

32 Tudor Collins Drive, Warkworth

Port Albert Recreation Reserve

570 Wellsford Valley Road, Port Albert

 


 

 

Rodney Local Board Area

Name

Location

Port Albert Wharf Reserve B

Wharf Road, Port Albert

Pukemateko Reserve Omaha South

177 Mangatawhiri Road, Omaha

Rainbows End Reserve – Rodney

38 Martin Road, Matakana

Rita Way, Excelsior Way, Lagoon Way

160 Omaha Drive, Omaha

Sunburst Reserve & Tamatea Esplanade

Sunburst Avenue, Snells Beach

Te Hana Reserve

12 Whakapirau Road, Te Hana

Wellsford Community Centre Grounds

1 Matheson Road, Wellsford

Wellsford War Memorial Park

15 Port Albert Road, Wellsford

Whisper Cove

70 Kokihi Lane, Snells Beach

 

Upper Harbour Local Board Area

Name

Location

Hobsonville War Memorial

126-128 Hobsonville Road, Hobsonville

Hooton Reserve

259 Oteha Valley Road, Albany

 

Waitākere Ranges Local Board Area

Name

Location

Swanson Scenic Reserve

Birdwood Road, Swanson

 

Waitematā Local Board Area

Name

Location

Cox’s Bay Esplanade

West End Road, Herne Bay

Fred Ambler Lookout

97 Gladstone Road, Parnell

Western Springs Reserve

820 Great North Road, Grey Lynn

 

Whau Local Board Area

Name

Location

Saunders Reserve – Avondale

26 Saunders Place, Avondale

Valonia Reserve

35 Valonia Street, New Windsor

Wingate Reserve

43 Wingate Street, Avondale

 


 

 

Table 7- sites recommended to be scheduled as restricted (non-self-contained vehicles permitted)

Kaipātiki Local Board Area

Name

Location

Dudding Park Sportsfield – hardstand parking area located opposite Little Shoal Bay behind tennis courts

11-17 Council Terrace, Northcote Point 

 

Rodney Local Board Area

Name

Location

118 Rodney Street, Wellsford

118 Rodney Street, Wellsford

Algies Bay Reserve

39 Willjames Avenue, Algies Bay

Brick Bay Drive - Puriri Place Reserve

114 Brick Bay Drive, Sandspit

Kowhai Park

1 Matakana Road, Warkworth

Mangakura Reserve

3691a State Highway 16, Mangakura

Matakana Wharf Reserve

1331 Leigh Road, Matakana

Shelly Beach Reserve

3 Shelly Beach Road, Shelly Beach

Sinclair Park

34 Macky Road, Kaukapakapa

Snells Beach (Sunrise Boulevard)

Sunrise Boulevard, Snells Beach

Wellsford Centennial Park

88 Centennial Park Road, Wellsford

William Fraser Reserve

37 Broadlands Drive, Omaha

 

Upper Harbour Local Board Area

Name

Location

Rosedale Park

320 Rosedale Road, Rosedale

 

 

 


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator



Regulatory Committee

13 September 2018

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Regulatory Committee

13 September 2018

 

Enforcement of Existing Freedom Camping Regulations - Summer 2018/19

 

File No.: CP2018/16785

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To inform the committee on the proposed enforcement approaches of existing freedom camping regulations for the 2018/19 summer period.

Whakarāpopototanga matua / Executive summary

2.       Freedom Camping is currently regulated under existing legacy bylaws.

3.       Regulatory Compliance will continue to offer its existing level of service for responding to complaints about Freedom Camping. This will include a Compliance Response officer visiting the site in the morning to educate any freedom campers found to be in breach of the legacy bylaws.

4.       The unit will also review any supporting infrastructure (including signage and access restriction) at known hotspots prior to the summer.

5.       An additional proactive compliance programme is proposed. This however cannot be resourced within existing funding. It is proposed to discuss this with interested Local Boards and to seek funding should they require this additional programme.

 

 

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a)      endorse the proposed ‘Standard Compliance Approach’ and the proposals for ‘Infrastructure to support compliance’; and

b)      supports further discussions with interested local boards about additional compliance programmes.

 

 

Horopaki / Context

Regulatory Compliance

6.       The Regulatory Services Directorate conducts compliance under a number of significant statutes, including the Resource Management Act 1991, Building Act 2004 and Local Government Act 2002.  Secondary regulations and bylaws add to compliance obligations.

7.       The volume of compliance activities is significant, with nearly 90,000 requests for service received by the Regulatory Compliance unit alone.  Demand for compliance services is increasing.  Volumes increased between 8 to 25% in the year ending December 2016, with resource management breaches and noise complaints experiencing significant increases.

8.       All regulatory compliance activities were consolidated into a single Regulatory Compliance unit late last year, creating a central point of accountability. 

9.       Complementary to the new structure, the Regulatory Committee endorsed a shift to a strengthened compliance approach in October 2017 [REG/2017/93].

10.     The new approach is evidence led and focuses on high harm incidents.  It is a prioritised, risk-based approach to compliance where we respond most quickly and effectively to non-compliance where the greatest impact on public health and safety and environmental values is evident.

Freedom camping

11.     Freedom camping in Auckland is currently managed using legacy bylaw provisions developed under the Local Government Act 2002.

12.     In October 2015, the council confirmed the legacy bylaw provisions until October 2020 to avoid them lapsing under transitional legislation [GB/2015/11]. The council also indicated that a review should be completed before the provisions would lapse in October 2020. However, it is anticipated that a new bylaw will be in place for summer 2019/20.

13.     Analysis of our requests for service received across the region about freedom camping between 2015 and 2017 shows a reasonably steady number of complaints each winter at approximately 30 per month and roughly a doubling of volume over the summer. The maximum volume was in April 2016 at approximately 95.

14.     Our compliance approach over preceding years has included responding to complaints and some proactive campaigns to address non-compliance as well as collect information to assist with the development of the new bylaw.

15.     Generally speaking, we find reactive responses to complaints about Freedom Camping to be of limited effect, particularly at night as campers are unlikely to move once set up. There are also additional health and safety risks with sending officers to these requests for service at night, due to darkness and relative remoteness. Responding to these types complaints tends to be most effective in the morning.

16.     Proactive compliance campaigns have been shown to be effective at reducing the number of non-compliant freedom campers. In the past we have run these over an extended period of the summer, with early morning visits to wake up campers. While these have proven to be effective, they take up significant amount of staff time. Further, during these programmes our officers report that they have not witnessed any evidence of nuisance or anti-social behaviour.

17.     Under the Local Government Act 2002 our enforcement powers are effectively limited to prosecution. As such, our graduated enforcement approach consists primarily of education and offering of advice on alternative locations in the first instance.

18.     In the rare situation where a camper continues to be non-compliant over a period of time, we take into account the nature of the offence and offender and consider any additional tools that might be applicable such as obtaining support from social services or issuing trespass notices.

19.     To date, we have not prosecuted anyone for breach of the regulations controlling Freedom Camping bylaw.

Tātaritanga me ngā tohutohu / Analysis and advice

20.     Given our new approach to compliance and continued concerns over Freedom Camping, we are reviewing our response to freedom camping complaints.

Our Standard Compliance approach

21.     We have chosen to keep our standard compliance approach the same as previous years.

22.     Historically a number of the legacy bylaws have allowed for two consecutive nights’ camping. As such, when customers ring through an RFS the call centre will ask how long they have been there and will encourage the customer to phone back later if this time period has been exceeded.

 

23.     When an RFS is logged, this will be allocated to a Compliance Response officer who will respond to the RFS during the next business day. Typically, this will include an early morning visit to see if the freedom camper has stayed overnight, and if so, to explain the rules.

24.     If we have an area that receives multiple calls, we may attend on a programmed basis, early one morning with two officers to educate and move campers along.

25.     If we encounter recurring offenders we will consider enforcement action, most likely limited to issuing a trespass notice.

26.     This level of service will be accommodated within our existing resource.

Infrastructure to support compliance

27.     In order to assist campers to voluntarily comply with the current bylaws, we will review the update current infrastructure and information about Freedom Camping where we can.

28.     For instance we have already reviewed the signage at Arundel Reserve, which has previously been a hotspot for requests for service. In doing this, we have removed signage that promotes freedom camping where the current and proposed bylaws do not. Further, we are working with Community Facilities to investigate the installation of a chain or other barrier restricting access where appropriate and if further signage is available.

29.     Leading up to the summer our officers will review signage and infrastructure at other known hotspots.

30.     There are a number of apps and websites regularly used by campers to identify places they can stay. Our team will also review those that we know about closer to the summer to try and update that content.

31.     This will be accommodated within our existing resource

Additional proactive compliance programmes – requires additional funding

32.     Any additional proactive compliance programme would require additional resource to implement.

33.     Below is an example programme which we believe would effectively cover six “hotspots” in one locality.

 

 

Description

Dates

Phase 1:

Pre-campaign

·      Signage to be checked, updated and replaced if necessary

·      Camping apps to be checked and updated if necessary

·      Current complaint logs to be analysed to identify any hotspots

·      Training of compliance

 

Last week of November

Phase 2:

Compliance Blitz

·      Two compliance officers attend agreed locations for 2-3 hours starting at 6.30am each day.

·      Officers knock on all illegally parked vehicles, inform occupants of rules, collect details of vehicle and occupants, advise of trespass if need be.

·      Any repeat offenders to be issued a written warning on first repeat and trespassed on second repeat.

 

First week of December

Phase 3:

Monitor Compliance

·      Two compliance officers attend agreed locations for 2-3 hours starting at 6.30am two days per week.

·      Officers knock on all illegally parked vehicles, inform occupants of rules, collect details of vehicle and occupants, advise of trespass if need be.

·      Any repeat offenders to be issued a written warning on first repeat and trespassed on second repeat.

 

Second week of December – March, 10 weeks

 

 

34.     This programme would require recruitment of appropriate officers to undertake the work, and/or to backfill existing staff.

35.     Phase 1 could be completed utilising existing resource. However, the additional staff cost for phases 2 and 3 per hot spot is expected to be $21,130 (exc. GST). 

36.     Given this is largely a local issue, we will be offering this package to Local Boards. Should they wish to have additional proactive compliance programmes in their area, we would need them to fund these additional costs.

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

37.     Local boards have a significant interest in freedom camping and their local knowledge has been important to inform site assessments for the proposed bylaw.

38.     Local board feedback was formalised at their June business meetings which included individual site recommendations and general feedback. The key recurring themes of general feedback from local boards included:

·    need for enforcement and more resources to administer bylaw effectively

·    only certified-self-contained camping should be provided for

·    concern that even self-contained campers don’t use their onboard facilities

·    numbers of campers on a site needs to be limited

·    a booking or permit system should be developed

·    good communication of where campers can go is required

·    signage needs to be clear.

39.     This report and the optional proactive programme are in part, a response to that feedback.

Tauākī whakaaweawe Māori / Māori impact statement

40.     Development of the proposed bylaw has particular relevance for mana whenua due to its impact on the use of land. Staff have worked with iwi through the Parks and Recreation Mana Whenua Engagement Forum to receive general feedback in March, and site-specific feedback in August and September.

41.     Information was also provided at the hui to inform mana whenua how they can provide further formal submissions on the proposal once it has been notified.

Ngā ritenga ā-pūtea / Financial implications

42.     Our Standard Compliance Approach can be implemented within existing resource.

43.     There will be costs if additional infrastructure is required. However, given this is likely to be a temporary solution for this summer, costs will be kept to a minimum. For instance, an additional permanent sign costs $110 however a corflute sign can be printed and installed on existing infrastructure for approximately $30.

44.     Any additional proactive programmes cannot be implemented within existing resources. Additional funding will be sought through Local Boards. As an indication the additional funding required for a Local Board with six hotpsots would be $21,130 (ex GST).

Ngā raru tūpono / Risks

45.     There are likely to be some communities unhappy with our standard compliance approach which creates a reputational risk for the council.

46.     Funding agreements for any additional programmes need to be complete by end of October in order to recruit suitable resource for an end of November start date.

Ngā koringa ā-muri / Next steps

47.     If endorsed, this memo will be circulated to all Local Boards for them to consider if they will fund any additional compliance programmes in their area.

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.    

Ngā kaihaina / Signatories

Author

Steve Pearce – Manager Regulatory Compliance

Authorisers

Mervyn  Chetty – Acting General Manager Licensing and Regulatory Compliance

Penny Pirrit - Director Regulatory Services

 


Regulatory Committee

13 September 2018

 

Public Safety and Nuisance Bylaw Statement of Proposal

 

File No.: CP2018/16686

 

Te take mō te pūrongo / Purpose of the report

1.       To recommend that the Governing Body adopt the public safety and nuisance bylaw statement of proposal for public consultation and appoint a panel to deliberate and make recommendations on feedback received.

Whakarāpopototanga matua / Executive summary

2.       To enable the Regulatory Committee to implement its decision to amend the public safety and nuisance bylaw, staff prepared a statement of proposal (Attachment A).

3.       The statement of proposal aims to better protect people from nuisance or unsafe behaviours and activities in public places. The main changes proposed are to:

·   use central government legislation instead of a bylaw to address damage to council property, car window washing, use of mind-altering substances in public places, graffiti, noise, fish offal, gates in parks, fireworks on non-public places, street names and property numbering

·   move issues about animals, drains, signage and traffic to existing, dedicated bylaws

·   prohibit leaving construction materials, boats, shipping containers and consumer goods not on display for sale in public places, unless approved by council

·   clarify the expected behaviours and restrictions on the use of public places

·   clarify how council makes controls and gives approvals

·   clarify which public places the Bylaw applies to and enabling people in control of those public places to approve exemptions.

4.       Staff recommend the Committee makes the necessary determinations to enable the Governing Body to adopt the proposal for public consultation and appoint a panel.

5.       There may be public concerns about the proposed changes. This risk will be mitigated through public communications and opportunity to give feedback on the proposal.

6.       If the Committee and Governing Body approve the recommendations, public consultation on the proposal is scheduled from 26 October to 2 December 2018. A panel will consider feedback, deliberate and make recommendations to the Governing Body. A final decision on any bylaw amendments will be made in early 2019.

 

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a)       note that this committee completed the statutory review of the Public Safety and Nuisance Bylaw 2013 in June 2018 and:

i)        determined a bylaw is still the most appropriate way to address some nuisance and unsafe behaviours and activities in public places, but not others

ii)       determined the current Bylaw is not the most appropriate form of bylaw and should be improved

iii)      gave directions to prepare amendments to the current Bylaw.

 

 

b)       recommend that the Governing Body adopt the statement of proposal in Attachment A of the agenda report for public consultation and confirm that the bylaw amendments:

i)        are the most appropriate form of bylaw

ii)       do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990.

c)       recommend that the Governing Body forward to local boards and advisory panels:

i)       the statement of proposal in Attachment A of the agenda report for their views

ii)      this agenda report and attachments for their information.

d)      appoint the chair and two panel members selected from the Governing Body and the Independent Maori Statutory Board to attend ‘Have Your Say’ events, to deliberate and make recommendations to the Governing Body on public feedback to the statement of proposal in Attachment A of the agenda report.

e)      delegate authority to the Regulatory Committee chairperson to make replacement appointments to the panel if a member of the panel is unavailable.

f)       delegate authority through the Chief Executive to a manager responsible for bylaws to appoint staff to receive public feedback at ‘Have Your Say’ events.

g)      delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A of the agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

 

Horopaki / Context

7.       The Public Safety and Nuisance Bylaw 2013, Te Ture ā-Rohe Marutau ā-Iwi me te Whakapōrearea 2013 (Bylaw) aims to protect people from nuisance and unsafe behaviours and activities in Auckland’s public places.

Regulatory Committee agreed to amend the public safety and nuisance bylaw

8.       The Committee reviewed the Bylaw in parts in March, April, May and June 2018 and requested staff commence the process to amend the Bylaw (Attachment B refers) as summarised below:

The Local Government Act 2002 sets out the required process to amend a bylaw

9.       Council must use the special consultative procedure to amend a bylaw as the amendments could significantly impact the public.

10.     This requires Council to:[1]

·        determine that the proposed amendments meet legislative criteria

·        adopt a statement of proposal, including amended bylaws, for public feedback decide on any bylaw amendments after having considered public feedback.

Tātaritanga me ngā tohutohu / Analysis and advice

Staff have prepared a statement of proposal in line with statutory requirements

11.     Staff have drafted a statement of proposal (Attachment A). The proposal contains amendments to the Bylaw, consequential amendments to the Auckland Council Animal Management Bylaw 2015 and Traffic Bylaw 2015, and revokes legacy bylaws about fences.

12.     The proposal implements the Committee’s decision to amend the Bylaw, in accordance with statutory requirements and best practice drafting guidelines.

13.     Staff consider the proposed bylaw amendments have no implications and are not inconsistent with the New Zealand Bill of Rights Act 1990. While there are potential limitations to freedom of expression, staff consider that these are justified because of the nature of the nuisance and unsafe behaviours and activities the Bylaw regulates.

14.     Table 1 shows the main changes proposed. More information in Attachment A includes:

·        details of the proposed changes to the public safety and nuisance, animal and traffic bylaws in Appendix A

·        the legacy bylaws to be revoked in Appendix B

·        the proposed amended public safety and nuisance bylaw in Appendix C.

Table 1: Main changes proposed to the public safety and nuisance bylaw

Proposed amendment

Reason for proposed change

·    use central government legislation instead of a bylaw to address damage to council property, car window washing, use of mind-altering substances in public places, graffiti, noise, fish offal, gates in parks, fireworks on non-public places, street names and property numbering.

 

·   issues already covered in central government legislation.

·   does not affect Council’s current response to incidents. Public can still report issues. Council will still prioritise its response using a graduated response approach.

·    move issues about animals, signage, stormwater and traffic to existing, dedicated bylaws.

 

·   easier for public to find the bylaw they need if all issues about a topic are in the same bylaw.

·    prohibit leaving construction materials, boats, shipping containers and consumer goods not on display for sale in public places, unless approved by council. Other things may be left provided they do not cause a problem (e.g. beach towel on beach).

 

 

·    clearer as to what items must not be left on public places.

·    more freedom to leave other items so long as it does not cause a problem.

·    clarify the expected behaviours and restrictions on the use of public places by improving the Bylaw structure and wording, stating behaviours expected from all Aucklanders and referencing regional park rules.

·    rules easier to understand and avoids focus on vulnerable Aucklanders.

·    clarify how council makes controls and gives approvals.

·    clearer how decisions are made about restricting recreational fishing activities and giving approval for activities that would otherwise not be allowed.

·    clarify which public places the Bylaw applies to and enabling people in control of those public places to approve exemptions.

·    avoids duplication and confusion about which public places the Bylaw applies to

·    allows the Maunga Authority, Auckland Transport and private owners of public places to approve bylaw exemptions on the areas they control.

Staff recommend the Committee commence the process to amend the Bylaw

15.     Staff recommend the Committee makes the necessary determinations to enable the Governing Body to adopt the proposal for public consultation and appoint a panel.

16.     Staff recommend that the Committee appoint a chair and two members from the Governing Body and Independent Māori Statutory Board to a panel. The panel attends ‘Have Your Say’ events as appropriate, deliberates and makes recommendations to the Governing Body on public feedback to the proposal.

17.     It is also recommended that staff be delegated authority to receive public feedback at ‘Have Your Say’ events as appropriate or in case a panel member cannot attend.

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

18.     Local board member views were sought as part of the review. Generally, local board members considered that all issues in the Bylaw were of concern to varying degrees. Key concerns related to nuisance and safety including intimidating begging activity and car window washing.

19.     The proposal addresses these concerns by recognising that:

·        intimidating behavior by any person is inappropriate regardless of the activity

·        amendments to the Land Transport (Offences and Penalties) Regulations 1999 provide better powers to police to address car window washing.

20.     Local boards will have the opportunity to formally provide their views on the porposal:

·        in writing between 26 October and 2 December 2018

·        to the panel at a workshop in late November 2018.

Tauākī whakaaweawe Māori / Māori impact statement

21.     The Bylaw regulates complex social issues which may disproportionately impact Māori[2].These include activity around obstruction, rough sleeping, begging, car window washing and mind-altering substances.  The Bylaw also regulates activities on parks and beaches about which mana whenua may have a customary interest.

22.     The proposal addresses these concerns by:

·        making amendments that focus on public behaviours expected of all Aucklanders

·        referencing the need to have regard to customary interests in relation to access and fishing

·        explaining how council uses a managed approach to rough sleeping and the storing or leaving of their personal possessions in public places. This includes advice and support to access social services.

23.     Mana whenua and mataawaka will have the opportunity to give feedback on the proposal during public consultation.

Ngā ritenga ā-pūtea / Financial implications

24.     Public consultation and implementation costs will be met within existing budgets.

Ngā raru tūpono / Risks

25.     If the Committee approves the recommendations, there is a risk some stakeholders may be concerned that issues proposed to be removed will no longer be regulated. This risk will be mitigated through:

·        public communication that the issues proposed to be removed will be addressed using existing legislation or other bylaws and that there will be no change to the customer experience

·        the opportunity to give feedback on the proposal during public consultation.

Ngā koringa ā-muri / Next steps

26.     If the Committee and Governing Body approve the recommendations, public consultation on the proposal will follow.

27.     Public consultation is currently scheduled from 26 October to 2 December 2018. ‘Have Your Say’ events will take place during the public consultation period instead of holding a formal hearing after submissions close.

28.     The panel will consider any feedback during a publicly notified deliberation meeting that the public can observe. The panel will make its recommendations to the Governing Body.

29.     The Governing Body will decide whether to accept the panel recommendations and officially make any bylaw amendments in early 2019.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Public safety and nuisance statement of propsoal

129

b

Public safety and nuisance bylaw review reports, March to June 2018

199

     

Ngā kaihaina / Signatories

Authors

Pania   Elliot - Principal Policy Analyst

Fereti Lualua - Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

Penny Pirrit - Director Regulatory Services

 


Regulatory Committee

13 September 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory Committee

13 September 2018

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Regulatory Committee

13 September 2018

 

Update report from Resource Consents Department

 

File No.: CP2018/16831

 

Te take mō te pūrongo / Purpose of the report

1.       To introduce the reporting update to the Regulatory Committee from the Resource Consents Department.

Whakarāpopototanga matua / Executive summary

2.       The role, composition and work of the Resource Consents Department is introduced to the Committee by means of a Powerpoint presentation. The intention is to provide an update report on a range of high level statistics and the implementation of the Department’s work programmes.

 

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a)      receive the Resource Consents Department Update Report and presentation, September 2018.

 

Horopaki / Context

3.       The Resource Consents Department delivers consenting services to its development customers that seek to provide quality outcomes for the people and environment of the Auckland region.

4.       The Department delivers its services through three hubs, two spokes and a neighbourhood centre. The hubs (Central, North-West and Southern) operate across five service centres, being Graham Street, Takapuna, Orewa, Henderson and Manukau. Two spokes operate from the former Papakura and Pukekohe service centres; while a neighbourhood centre operates on Waiheke.

5.       As a unitary authority the Department’s consenting services cover both local and regional plan requirements. The Department is the largest in the Southern Hemisphere, servicing the largest single city population.

6.       The Department is responsive to the growth and development of the Auckland region. Overall, the numbers of consents received grew substantially from around 10,000 to over 17,000 per year in the period from 2011 to 2016, with totals for FY16/17 and FY17/18 being 17,414 and 16,140 respectively. This update report provides a snapshot of a selection of key Departmental statistics.

7.       The Department sets fees and charges that seek to cover the reasonable time of staff in the processing and determination of consents.  

8.       Resource Consents has a high customer interface. The Consenting Made Easy (CME) programme has been embedded to provide solutions to the sometimes complex, inconsistent, and fragmented experiences that customers can encounter through their consenting journey. The aim of CME was to deliver an easy, fast, consistent and integrated consenting experience through tailored services and online capability.

9.       Consenting involves a continuum of steps from a project’s pre-application meeting, to processing and assessments, and decision making and condition setting. SAP is instrumental in providing an integrated regional tracking and consent data storage system that will be critical to the implementation of the other business improvement programmes.

10.     The Department is at the coal face in the statutory implementation of the Auckland Unitary Plan (Operative in Part) (AUP(OP)). The Plan has added to the reporting requirements and has simultaneously introduced greater proportions of simple and complex consent applications, while mid-range complexity applications have proportionally decreased.

11.     The Regulatory Committee oversees the decision making responsibilities within resource consenting areas although this is delegated to independent commissioners and senior staff.

12.     The Department is not short of challenges and opportunities in the delivery of its core functions. Complexities relating to interpretation of aspects of the Auckland Unitary Plan (Operative in Part) continue to be worked through. The recruitment and retention of quality professional staff continues to be difficult at a time of high growth and competing opportunities elsewhere. Pending enhancements to SAP, along with its integration with Hybris, are anticipated to increase processing efficiency and real-time accuracy. Potential impacts on the processing workload associated with the Kiwibuild programme are also being monitored.

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

13.     The intent of this update reporting is to allow an overview of the work undertaken by the Department. This is not a matter that requires input from Local Boards; however, the information is readily available and where relevant reported separately to Local Boards.

14.     Local Boards have separate means by which resource consents and matters of interest to Local Board Communities are made available to decision makers within the regulatory environment.

Tauākī whakaaweawe Māori / Māori impact statement

15.     The Resource Management Act 1991 includes a number of matters under Part 2, which relate to the relationship of Tangata Whenua to the management of air, land and water resources.  Maori values associated with the land, air and freshwater bodies of the Auckland Region are based on whakapapa and stem from the long social, economic and cultural associations and experiences with such taonga.

16.     This report is intended to provide a high-level overview of the department’s operation, noting the department has processes by which Mana whenua can input into the statutory processes around resource decision-making. There are also a number of commissioners within the panel with the relevant expertise in mataurangi Maori and tikanga Maori.

Ngā ritenga ā-pūtea / Financial implications

17.     There are no financial implications associated with this report, as it is for information purposes only.

Ngā raru tūpono / Risks

18.     There are no risks associated with this report, as it is for information purposes only.

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Resource Consent Department presentation

301

Ngā kaihaina / Signatories

Author

James Dowding – Manager Resource Consents

Authorisers

Ian Smallburn - General Manager Resource Consents

Penny Pirrit - Director Regulatory Services

 


Regulatory Committee

13 September 2018

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Regulatory Committee

13 September 2018

 

Regulatory Committee Summary of Information Items 13 September 2018

 

File No.: CP2018/16167

 

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 provide a quarterly update of regulatory hearings under the Resource Management Act 1991. The report provides a summary of resource consent hearings held in the two quarterly periods 1 January to 30 June 2018 and the commissioners appointed to those hearings.(Attachment B)

3.       To note the progress on the forward work programme (Attachment C).

4.       To provide a public record of memos, workshops or briefing papers that have been distributed for the Committee’s information since 9 August 2018 (Attachment D).

Whakarāpopototanga matua / Executive summary

5.       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. 

6.       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’.

7.       The following paper was circulated to members:

·   22 August 2018 – update re Local Alcohol Policy Legal Proceedings

 

8.       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

Resource Consents appeals status report

317

b

Resource Consents : quarterly hearings report 

329

c

Regulatory Committee - Forward work programme

337

d

20180822_update re Local Alcohol Policy Legal Proceedings

343

     

Ngā kaihaina / Signatories

Author

Tam White - Senior Governance Advisor

Authoriser

Penny Pirrit - Director Regulatory Services

 


Regulatory Committee

13 September 2018

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Regulatory Committee

13 September 2018

 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


Regulatory Committee

13 September 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:

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.

 

·    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)

(Sept)

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”.

 

Key milestones:

Oct 2017 – Findings

Mar-Jun 2018 – Options

Aug 2018 – workshop

Sept 2018 – Proposal

Nov 2018 - Public Feedback

Jan to Feb 2019 – Panel deliberations

Mar 2019 – amended bylaw adopted

 

·   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)

 

 


Regulatory Committee

13 September 2018

 

PDF Creator

    

    

 



[1]         See Local Government Act 2002, ss 83, 83AA, 86, 155, 156, 160(3) and Auckland Council Governing Body Terms of Reference (GB/2016/237).

[2] Harris, Reina Tuai, Invisible in the SuperCity – Hidden homelessness in Auckland, Salvation Army Social Policy and Parliamentary Unit, 2015