Agenda of Regulatory Committee

Terms of Reference

Responsibilities

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

The committee’s key responsibilities include:

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

· hearing and determining objections under the Dog Control Act 1996

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

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

· hearing and determining matters arising under bylaws

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

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

· monitoring the performance of regulatory decision-making

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

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

· regulatory fees and charges

· recommend bylaws to Governing Body for consultation and adoption

· appointing hearings panels for bylaw matters

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

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

· engage with local boards on bylaw development and review

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

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

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

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

Relevant legislation includes but is not limited to:

All Bylaws

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

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

Maritime Transport Act 1994
Related Regulations

Powers

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

Except:

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

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

(ii) Power to establish subcommittees.

Exclusion of the public – who needs to leave the meeting

Members of the public

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

Those who are not members of the public

General principles

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

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

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

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

Members of the meeting

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

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

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

Independent Māori Statutory Board

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

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

Staff

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

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

Local Board members

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

Council Controlled Organisations

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

1 Apologies

An apology from Cr D Newman has 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, 13 September 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

04 October 2018

2017/2018 Animal Management Report

File No.: CP2018/18412

Te take mō te pūrongo / Purpose of the report

1. To adopt the 2017/2018 Animal Management Annual Report prepared pursuant to the s10A of the Dog Control Act 1996.

Whakarāpopototanga matua / Executive summary

2. The primary legislative responsibility of Animal Management is the enforcement of the Dog Control Act 1996 (the Act). The Act gives territorial authorities the powers to regulate dogs, enforce controls and penalise irresponsible dog owners. This involves responding to and investigating breaches of the Act, and the use of various enforcement tools to help achieve compliance, as well as educating and informing dog owners and the community about the Act and Council bylaws.

3. Highlights of the 2017/2018 year include:

· A 4% reduction in all dog attacks and an 18% reduction in roaming dogs

· Increase of nearly 10% in registered dogs. This success was a result of targeted compliance efforts, as well as the enhancements in technology and improved ways for owners to pay for their dog’s registration, allowing customers to register rather than have their dog impounded.

· Council’s three Animal Shelters has seen a total of 7,457 dogs impounded throughout the region, with 479 dogs re-homed to their new, forever homes, an achievement of 100% of all adoptable dogs re-homed. A 12% reduction in impoundment from the previous year.

· Animal Management Officers also focused on owner compliance with menacing and dangerous dog classifications. A total of 4,297 dogs are currently classified in Auckland as either menacing or dangerous, and 90% of these dogs’ owners are complying with the mandatory requirement for their dogs to be neutered. The Government-initiated TXT 2 Desex programme assisted with the de-sexing of 416 of these high-risk dogs.

· The Animal Management Field Services team has responded to 28,905 requests for service, which is a decrease of 17.6% compared to the previous year. High-priority complaints (P1s) have been actioned within one hour in 99.4% of all calls – an outstanding achievement in a sometimes very challenging environment for the Animal Management frontline staff.

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a) adopt the 2017/2018 Animal Management Annual Report.

b) note that the Animal Management Annual Report is required under Section 10A of the Dog Control Act 1996 and staff will provide a copy of the report to the Secretary of Local Government.

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

4. Some local boards (predominantly in South and West Auckland) are over-represented in incidences of dog aggression, roaming and unregistered dogs. These areas have been identified and resources have been allocated to target a more proactive programme of work, aimed at prevention.

Tauākī whakaaweawe Māori / Māori impact statement

5. This report does not focus on Māori communities or local iwi specifically. However, we know that Māori can be over-represented in some statistics. The Animal Management Unit have focussed on taking the pilot programme on responsible dog ownership with Ngāti Whātua o Ōrakei and undertaking similar sessions in other parts of Tāmaki Makaurau.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	2017/2018 Animal Management Report	13

Ngā kaihaina / Signatories

Author

Sarah Anderson – Manager Animal Management

Authorisers

Megan Tyler, Acting General Manager Licensing & Regulatory Compliance

Penny Pirrit - Director Regulatory Services

Regulatory Committee

04 October 2018

Licensing and Regulatory Compliance achievements for the financial year 2017/2018

File No.: CP2018/18573

Te take mō te pūrongo / Purpose of the report

1. To inform the Committee on Licensing and Regulatory Compliance department’s activities and achievements for the financial year 2017/18.

Whakarāpopototanga matua / Executive summary

2. Licensing & Regulatory Compliance contributes to a fair, safe and healthy Auckland. The department is responsible for ensuring compliance across building and resource management matters, environmental health, animal management, alcohol licensing, and general council bylaws. Our activities are undertaken in close association with central government regulatory agencies including the New Zealand Police and the Ministry of Primary Industries.

3. In the financial year 2017/18 the department processed:

· 55,000 noise complaints,

· 40,000 animal management responses,

· registration of 10,000 food premises,

· 10,500 alcohol applications,

· 14,000 resource consents monitored and,

· 40,000 Resource Management Act, Building Act and bylaw responses

4. Some of the key achievements included:

· Regulatory Compliance - focusing on monitoring of high-risk activities, greater use of prosecutions as a compliance tool and the reduction of noise complaints sent to contractors

· Alcohol Licensing - inspected 100% of high-risk premises, achieved 90% compliance for controlled purchased operations, achieved customer satisfaction levels of 85%.

· Environmental Health – completed the second year of the new Food Act transition, achieved ISO17020 accreditation for food safety verifications, achieved customer satisfaction levels of 80%.

· Animal Management – achievements are included in a separate report on this agenda.

· Health, Safety and Wellbeing - a directorate wide Health, Safety and Wellbeing survey, which identified a number of areas of achievement and areas for improvement.

Ngā tūtohunga / Recommendation/s

That the Regulatory Committee:

a) receive the annual report on Licensing and Regulatory Compliance achievements for the financial year 2017/2018

b) forward this report to local boards for their information.

Horopaki / Context

5. Licensing and Regulatory Compliance is focussed on contributing to a fair, safe and healthy Auckland. The approximately 400 staff are responsible for ensuring compliance across building consents, resource management matters, environmental health, animal management, alcohol licensing, and general council bylaws.

6. The department is made up of the following units: Alcohol Licensing, Animal Management, Regulatory Compliance, Regulatory Support and Environmental Health. The key strategic drivers for the business below are complementary to council’s vision of a world class city and the outcomes of the Auckland Plan 2050:

· Auckland is growing at pace and the demand for regulatory activities is increasing. Simply put, more people and more businesses means greater demand for consents and licenses, increased incidences of non-compliance, and more complaints requiring investigation.

· The regulatory environment is changing with new and more complex regulation increasing the administrative and implementation demands. As operators require greater assistance to comply, our own organisational capacity must adapt and respond.

· Customers expect more from Auckland Council, wanting resolution of complex matters more quickly, including immediate access to information and prompt response, 24/7 in many instances. Our customers expect us to move with the times, implementing modern, convenient, easier ways to get things done when interacting with Council.

· With these increasing demands and expectations from Aucklanders we also need to provide our services within a tight fiscal envelope.

· Commitment to the provision of a safe working environment for our people, underpinned by healthy work practices.

Tātaritanga me ngā tohutohu / Analysis and advice

Alcohol Licensing – Highlights and Achievements

7. Key Performance Indicators: customer service satisfaction 85%, achieved 100% inspections of high-risk premises, achieved 90% compliance for controlled purchased operations.

8. Finance: revenue and expenditure came in on budget for financial year.

9. Gambling investigation: inspectors have noticed a number of premises across the region seem to have gambling as their main activity. This is usually gaming machines (pokies) but sometimes with a TAB agency as well. The inspectors have been active in opposing the renewal of three tavern licences because the main activity appeared to be gaming machines. In this regard, the District Licensing Committee has declined one licence, approved one licence, and one is still waiting to be heard.

10. Local Alcohol Policy update: Auckland Council has developed a Local Alcohol Policy, with a judicial review of the Alcohol Regulatory and Licensing Authority’s decision to be considered in February 2019.

11. Amusement Devices: Amusement Devices Regulations 1978 are outdated, costly to administer, have no enforcement tools and overlap with WorkSafe NZ functions. Staff support the revocation of the Regulations (with responsibility for safety assessments given to WorkSafe NZ) and the advocacy of Local Government New Zealand in this regard. Revocation will save Auckland Council approximately $200,000 per annum.

12. Applications/licences issued in FY18:

Club licences	167
Off licences	469
On licences	1424
Special licences	2065
Temporary authorities	600
Managers certificates	6072

Regulatory Compliance – Highlights and Achievements

13. The Regulatory Compliance Unit was formed in October 2017 out of the existing Building Compliance, Resource Consents Compliance, Bylaws and Compliance and Noise Control teams. This structural change was one element of the Customer Enabled Compliance programme (CEC).

14. This programme will transform how responsive compliance services are delivered; ensuring interventions are well-informed and proportionate to risk. We are making good progress on meeting our KPIs around customer satisfaction, costs and timeframes. The continued rollout of CEC will continue this improvement.

15. Reduction of Noise Complaints going to security contractors: previously 100% of noise control requests for service were out-sourced to external security contractors. While total volumes of Requests For Service (RFS) received continue to rise, we have reduced the volume going to the security contractors by nearly 25%. This has been achieved through a combination of in-housing some work, particularly where contractors were largely ineffective, and improved filtering/triaging of complaints when first received.

16. Increased number of RFS being responded to using quickest methods: the Compliance Response teams have increased the breadth of jobs that they are responding to and therefore increased the volume of RFS being resolved at the soonest opportunity. Where bylaws complaints were their sole work at the start of the unit, Compliance Response also now respond to a number of Resource Management Act and Building Act matters.

17. Greater use of prosecutions as a compliance tool: given the unit receives 90,000 RFS each year, very few prosecutions were proceeding. The teams reported this was due to workloads/time and the preference for lesser enforcement tools. The Compliance Investigations team have been working in a revised model, allowing them to focus resource on serious harms, such as investigations into incidents that have serious adverse effects or are a result of continued/ongoing non-compliance.

18. The prosecution of Augustine Lau followed this model, and recently the District Court sentenced Mr Lau to the longest jail sentence ever under the Resource Management Act, as a result of his ongoing serious offences at a number of sites across Auckland.

19. The Compliance Investigations teams have introduced time recording and charging for offenders who have not voluntarily complied and have instead exacerbated the time taken to resolution.

20. High risk monitoring: the Compliance Monitoring teams have continued to focus on monitoring of high-risk activities. This focus, and our assessments of risk, has been evident on a number of high-profile sites, including the Weiti development.

21. Digitisation of inspections: our Compliance Monitoring teams complete more than 20,000 inspections per year. We are moving these to digital format, saving time and reducing duplication. At present, approximately half of the inspections are completed digitally, and we are working to increase this. We are now also using the same technology to streamline our enforcement processes.

22. Small Construction Site proactive projects – Flat Bush, Hobsonville Point, Pukekohe: the Targeted Initiatives team piloted a new approach to environmental compliance with 400 small construction sites (individual house lots) in Flat Bush. On our first inspection, 398 were found to be non-compliant. Following a concerted effort graduating from education to abatement notices and infringement notices, we have been able to get compliance across all sites. The same methodology has been refined and rolled out across sites in Hobsonville Point and Pukekohe.

23. Piha Wastewater proactive project: the Piha lagoon has been identified as a particularly contaminated body of water, with much of the pollutant appearing to be originating from onsite wastewater systems. We have inspected 132 sites in the catchment, initially finding that approximately 80% were non-compliant. We have provided information and education, and assisted property owners with compliance. Approximately 80% are now compliant. As we move into the enforcement phase of this project we expect to see this increase.

Environmental Health – Highlights and Achievements

24. Food Act Implementation: the Food Act introduced the most significant changes to the management of food safety by food businesses and regulators across New Zealand. 2017-2018 was the second year of the three year transition period where all food businesses are required to transition to the new legislation depending on their risk based measure classification. The Food Act came into effect on 1 March 2016. We have registered and transitioned 5871 business to date.

25. ISO17020 Accreditation: the new food safety legislation requires Auckland Council to operate within an approved Quality Management System. The Environmental Health Unit has been successful in obtaining ISO17020 accreditation for Food Safety. This is a significant achievement and we are the first Territorial Authority in New Zealand to receive this accreditation under the new food safety regime.

26. Making Compliance Easier: from the initial feedback received from our customers we are revising the online application form to make it more user-friendly for our customers. This will encourage the use of the online form and reduce the processing time for our people. We also have four dedicated staff to help businesses transition to the new food safety regime.

27. Methamphetamine Standard: the report released by the Office of the Prime Minister’s Chief Science Advisor has resulted in changes to existing processes in the management of methamphetamine contaminated residential properties. The report stated that in situations where the levels of contamination are below 15ug/100cm², there is unlikely to be a health risk present. The main change was for notifications relating to the use of methamphetamine (as opposed to manufacture), showing levels of contamination below 15ug/100cm² - no action will be undertaken, no remediation will be required and no tags will be placed on the property file.

28. Food Act prosecution: we are the first Territorial Authority to successfully prosecute under the new Food Act 2014. The food business was closed because of poor food safety practices and subsequently charged with two offences against s.244(1)(b) of the Food Act 2014. The company was convicted on both charges and fined a total of $10,885.

29. Successful prosecution of a Tattoo Artist under Auckland Council Health and Hygiene Bylaw 2013 and Local Government Act 2002: The tattooist was convicted of tattooing an underage person after failing to obtain correct consent.

30. These two examples reinforces our strengthened compliance approach in focusing on high-risk and high-harm issues, and ensuring that our interventions are proportionate to the risk at stake.

31. Monitoring of Food Premises: the Food Act provides Territorial Authorities provisions for the Food Safety Officers to undertake monitoring activities of food business operating within the area. This involves inspecting the food stalls that are exempted from registration to ensure they are producing safe and suitable food. Monitoring at events is done at the request of the event organisers.

32. Approximately 50 markets operate in Auckland on a weekly basis. Most of these markets sell food. We have started to monitor some of the markets to assess the level of compliance and understanding of the Food Act 2014 and provide the stallholders with information and guidance to assist with transitioning to the requirements of the new legislation.

33. Customer Satisfaction: The annual KPI for percentage of customers satisfied with the food and health licensing service is 70%. Our result for the year was 80%, which is outstanding and reflects the effort of the team in supporting our food businesses to successfully transition to the requirements of the new food safety legislation.

34. Revenue: our new fee structure model together with the Food Act regulations, results in compliant food businesses that are high performing in the areas of food safety & suitability paying lower fees, while poor performing businesses are subjected to higher fees. The financial target for the Environmental Health Unit was achieved for FY17/18.

Regulatory Support – Highlights and Achievements

35. This team provides administrative and systems support to the whole department and is a critical part of the process. There are teams based across the region providing direct support to each unit and they contribute to all of the achievements of the department.

Health, Safety and Wellbeing – Highlights and Achievements

36. The lead health, safety and wellbeing advisor works across the whole of the Regulatory Services directorate. Licensing and Regulatory Compliance continue to prioritise this area of our work and have a number of initiatives underway, including reducing work-place violence and establishing a network of safety improvement groups within each of the units and across the department as a whole. Recent statistics indicate an increase in near-miss and hazards being reported within the department which is a sign of success.

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

37. This is an update report and therefore there are no decisions or implications affecting local boards as a result of this report. As a department we understand that there are some matters that are of greater importance and relevance to different local boards and we will continue to work directly with local boards on these matters.

Tauākī whakaaweawe Māori / Māori impact statement

38. As above, this specific report does not have implications for Māori per se, given it is an update report. We have a number of initiatives across the department around Māori responsiveness and to improve the way in which we provide services to Māori. For example, in the Animal Management area, we run open days on marae on responsible dog ownership and dog registration. In the Environmental Health area, we are looking to focus on how we can better service kura kaupapa and marae to ensure food premises meet the requirements of the Food Act.

39. In the environmental area, we continue to work with Māori as we aim to ensure compliance with conditions and good environmental outcomes from development and use of land and water.

Ngā ritenga ā-pūtea / Financial implications

40. There are no financial implications from the report. The department’s budget is set each year through the annual plan and we will advise the Committee on the financial implications of new initiatives as they arise.

Ngā raru tūpono / Risks

41. As this is an update report, there are no specific risks associated with the report. As above, we will advise the Committee around risks as specific issues arise.

Ngā koringa ā-muri / Next steps

42. Craig Hobbs has been appointed as the new General Manager for Licensing and Regulatory Compliance and he began his role on 01 October 2018. He will continue to drive improved services and outcomes for the 2018/19 year.

43. The department will continue to have opportunities and challenges in the work that we do:

· Volume of applications, licences and requests are likely to continue to increase, putting pressure on our timeframes and our ability to respond;

· System improvements to speed up processing times and increase digital uptake from customers will make a difference to our customers and we need to ensure our people are well trained to take advantage of this;

· Costs and revenue will continue to be a challenge in a time where Auckland is growing and customers’ expectations of what is means to live, work and play in Auckland are changing;

· Opportunities to work with other parts of the council family and Government to improve outcomes and make the rules easier to understand for Aucklanders;

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author	Megan Tyler, Acting General Manager Licensing & Regulatory Compliance
Authoriser	Penny Pirrit - Director Regulatory Services

Regulatory Committee

04 October 2018

Update report from Resource Consents Department

File No.: CP2018/18008

Te take mō te pūrongo / Purpose of the report

1. This report introduces 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. Māori 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 mātaurangi Māori and tikanga Māori.

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	47

Ngā kaihaina / Signatories

Author

James Dowding – Manager Resource Consents

Authorisers

Ian Smallburn - General Manager Resource Consents

Penny Pirrit - Director Regulatory Services

No.	Title	Page
a ⇩	Resource Consents Region-wide appeals report and register	65
b ⇩	Regulatory Committee - forward work programme	77
c	20180920_urgent decision re: delegated authority - Plan Change 4 (Under Separate Cover)

Regulatory Committee

04 October 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 (Oct)	Q3
Earthquake Prone, Dangerous & Insanitary Buildings Policy 2011-2016 Review	2011 - Auckland Council was required under s131 of the Building Act 2004 to adopt a policy on earthquake prone, dangerous and insanitary buildings 2018 – Due to the Building (Earthquake-Prone Buildings) Amendment Act 2016, Auckland Council’s management of earthquake-prone buildings now falls under the national policy and methodology set by MBIE. Our ongoing work programme for issuing statutory EPB notices, receiving seismic assessments, and identifying residual potential EPBs is being carried out on this basis. Note that dangerous and insanitary buildings continue to have their own local policy that is now under the management of Regulatory Compliance.	Update the Committee on the progress made in implementing Auckland Council’s regulatory obligations with regard to earthquake-prone buildings within its jurisdiction.				Q2 (Nov)
Freedom camping	Explore the need for and options for regulating freedom camping in Auckland	· Receive options report following the completion of the research and pilot. (July 2017) · If a regulatory response is required then the committee will: o Recommend statement of proposal to Governing Body. o Establish the hearings panel for deliberations on submissions. o Recommend final draft of bylaw to governing body for adoption. · An overview programme was presented on 10/08/2017 Item 9 REG/2017/72 resolution REG/2017/72 SCP process · 9 August 2018 report to provide a presentation updating the development of a bylaw under the Freedom Camping Act 2011 – minute REG/2018/58 Progress to date 13 September 2018 - report to seek direction on the content of the statement of proposal for the management of freedom camping– minute REG/2018/64	Review is within current baselines. Funding proposals will be required for any recommendations that require capital or operational upgrades.	Q4	Q1 (Aug) (Sept)	Q2 (Nov)	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 to discuss outstanding concerns members have on rural fences, ashes, mana whenua beach access, set-netting criteria and obstructions Progress to date: 13 September 2018 a report 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 – minute REG/2018/65 27 September 2018 a report to Governing Body to receive and recommendations from the Regulatory Committee to adopt the Public Safety and Nuisance Bylaw Statement of Proposal. · Public consultation - scheduled for 26 October to 2 December 2018 · make recommendations to Governing Body following public feedback to the statement of proposal ^#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.
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 (Nov)	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 · 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 Progress to date: 26 July 2018 report went to Governing Body - to receive the recommendations from the Regulatory Committee and adopt the Health and Hygiene Bylaw 2013 Statement of Proposal – minute - GB/2018/120 Next steps: · Public consultation - scheduled for 26 August to 1 October 2018 · make recommendations to Governing Body following public feedback to the statement of proposal
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 · 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 Progress to date: 26 July 2018 report went to Governing Body - to receive the recommendations from the Regulatory Committee and adopt the Legacy On-site Wastewater Bylaws Statement of Proposal – minute - GB/2018/121 Next steps: · Public consultation scheduled for 1 August to 31 August 2018 · make recommendations to Governing Body following public feedback to the statement of proposal		Q4 May	Q1 (July)	Q2	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)

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

Author	Maea Petherick - Senior Governance Advisor
Authoriser	Penny Pirrit - Director Regulatory Services