I hereby give notice that an ordinary
meeting of the Regulatory Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 14
March 2019
9.30am
Room 1, Level
26
135 Albert St
Auckland
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Komiti Whakahaere ā-Ture /
Regulatory Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Cr Linda Cooper, JP
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Deputy Chairperson
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Deputy Mayor Cr Bill Cashmore
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Members
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Cr Josephine Bartley
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Cr Fa’anana Efeso Collins
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Cr Richard Hills
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Cr Daniel Newman, JP
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Cr Sharon Stewart, QSM
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IMSB Chair David Taipari
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Cr Wayne Walker
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Cr John Watson
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IMSB Member Glenn Wilcox
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Cr Paul Young
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Ex-officio
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Mayor Hon Phil Goff, CNZM, JP
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(Quorum 5 members)
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Suad Allie
Governance Advisor
11 March 2019
Contact Telephone: (09) 977 6953
Email: suad.allie@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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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.
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Regulatory
Committee
14 March 2019
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ITEM TABLE
OF CONTENTS PAGE
1 Apologies 7
2 Declaration of
Interest 7
3 Confirmation
of Minutes 7
4 Petitions 7
5 Public Input 7
6 Local Board
Input 7
7 Extraordinary
Business 7
8 Trade Waste
Bylaw 2013 - Statement of Proposal 9
9 Solid waste
bylaw review 2019 and direction for changes 253
10 Provisional Local Alcohol
Policy Sub-Committee for Appeals 307
11 Regulatory Committee
Summary of Information Items - 14 February 2019 313
12 Consideration of
Extraordinary Items
PUBLIC EXCLUDED
13 Procedural
Motion to Exclude the Public 335
C1 Update and Direction on Appeals
against Plan Change 3: Protection of Views from Stockade Hill, Howick to the
Auckland Unitary Plan (Operative in Part) 335
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
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That the Regulatory Committee:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 14 February 2019, as a true and
correct record.
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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.”
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Regulatory
Committee
14 March 2019
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Trade
Waste Bylaw 2013 - Statement of Proposal
File No.: CP2019/00400
Te take mō te
pūrongo
Purpose of the report
1.
To recommend the Governing Body adopt the Trade Waste 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.
Whakarāpopototanga matua
Executive summary
2.
To enable the Regulatory Committee to implement its decision to amend
the Trade Waste Bylaw 2013 (REG/2018/50), staff have prepared a statement of
proposal.
3.
The statement of proposal aims to better minimise the risk to people, wastewater assets and the environment from potentially
harmful substances discharged from trade premises by improving the existing
Bylaw.
4.
The proposed Bylaw implements the following changes:
· providing clearer rules
to determine whether trade waste activities are low risk or whether they
require a trade waste agreement
· introducing
the Trade Waste Control 2019 that includes limits to flow rate and volume for
low risk discharges and limits to characteristics and substances in trade waste
discharges
· providing
more information about pre-treatment and other requirements for low risk trade
waste discharges
· setting
out matters we look at when considering a trade waste agreement
· removing
reference to transitional consents that are no longer held.
5.
Watercare Services Limited staff recommend the committee make the
necessary determinations so the Governing Body can adopt the statement of
proposal for public consultation and appoint a panel.
6.
Taking this approach will commence the process to amend the Bylaw.
7.
If the committee approves the recommendations, stakeholders may have concerns
about the proposed amendments to the Bylaw. This risk will be mitigated by the
opportunity to give feedback during public consultation.
8.
If the committee and Governing Body approve the recommendations, public
consultation on the statement of proposal will follow. Public consultation is
currently scheduled from 10 April 2019 to 10 June 2019.
9.
The proposed panel will consider any feedback, deliberate and make
recommendations to the Governing Body, who will make the final decision on any
amendments to the Bylaw.
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Ngā tūtohunga
Recommendation/s
That the Regulatory Committee:
a) recommend
the Governing Body adopt the statement of proposal in Attachment A of the
agenda report for public consultation and confirm that the amended Bylaw
contained within this attachment:
i) is the most
appropriate form of bylaw
ii) does not give rise
to any implications and is not inconsistent with the New Zealand Bill of
Rights Act 1990.
b) recommend
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.
c) appoint a minimum of three panel members, including a chair, from
councillors, the Independent Māori Statutory Board and the Watercare
Services Limited Board to:
(i) attend ‘Have Your Say’ events
(ii) deliberate
and make recommendations to the Governing Body based on public feedback on
the statement of proposal in Attachment A of the agenda report.
d) delegate
authority to the Regulatory Committee chairperson to make replacement
appointments to the panel if a member of the panel is unavailable.
e) delegate
authority through the Watercare Services Limited Board to staff
approved by a manager responsible to receive public feedback
at ‘Have Your Say’ events.
f) delegate
authority through the Watercare Services Limited Board to a manager 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.
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Horopaki
Context
10.
Te Ture ā-Rohe Waiparu a Mahi
2013, the Trade Waste Bylaw 2013 (Bylaw) aims to
minimise the risk to people, wastewater assets and the
environment from potentially harmful substances discharged from trade premises.
Regulatory Committee
agreed to amend the Trade Waste Bylaw 2013
11.
The Regulatory Committee requested staff commence the process to amend
the Bylaw in July 2018 (REG/2018/50).
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The process leading up to
this decision is summarised below
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14
June 2018
(REG/2018/42)
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Regulatory
Committee endorses the review findings (Attachment B) that:
· trade waste discharges continue to pose risks that
require regulating
· the Bylaw has been effective in managing these risks,
but it could be improved.
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12
July 2018
(REG/2018/50)
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Regulatory
Committee completes the statutory review of the Bylaw and determines
(Attachment C):
· a bylaw is the most appropriate way to minimise the
risks to the health and safety of people, the environment, and the wastewater
system
· the Bylaw is not the most appropriate form of bylaw as
it does not properly regulate certain trade waste discharges
· the Bylaw complies with the New Zealand Bill Rights Act
1990 (Bill of Rights).
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12
July 2018
(REG/2018/50)
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Regulatory
Committee instructs staff to draft an amended Bylaw (Option two) after
considering the following main options (Attachment C):
· Option one: status quo – no change to
current bylaw
· Option two: amend
current bylaw
· Option three: consent based bylaw
· Option four: consent
based bylaw with fees
· Option five: revoke
bylaw and rely solely on existing legislative provisions and negotiated agreements.
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The Local
Government Act 2002 sets out the process to
amend the Bylaw
12.
Council must use the special consultative procedure to amend the Bylaw
as the amendments could significantly impact the public, particularly trade
waste dischargers.
13.
This requires council to:[1]
· determine
that the proposed Bylaw meets form and New Zealand Bill of
Rights Act 1990 criteria
· adopt
a statement of proposal, including the proposed Bylaw, for public feedback
· decide
on any amendments to the Bylaw after having considered public feedback.
Tātaritanga me ngā
tohutohu
Analysis and advice
Staff have prepared a statement of
proposal in line with statutory requirements
14.
Watercare Services Limited staff (staff) have drafted a statement of
proposal and proposed Bylaw (Attachment A). This implements the decision to
amend the Bylaw, in accordance with statutory requirements and best practice
drafting guidelines.
15.
The proposed Bylaw would ensure people, wastewater
assets and the environment are better protected through improved
information, and clarification of the rules regarding trade waste discharges,
which would be enforceable.
16.
Staff consider the proposed Bylaw has no implications and is not inconsistent with the Bill of Rights.
Table 1:
Summary of major proposed changes to the Trade Waste Bylaw 2013
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Proposed
amendment
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Reason for
proposed change
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Providing clearer rules
to determine when trade waste activities are low risk and when they require a
trade waste agreement.
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Ensures all
trade waste activities are clearly covered and avoids over-regulation of
low-risk trade waste dischargers.
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Introducing the Trade
Waste Control 2019 (Control) that includes limits to flow rates and volumes to
low risk discharges, and limits for characteristics and substances in trade
waste discharges.
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The Control
provides trade waste limits, which can be updated easily to respond to
changes in the wastewater treatment environment and statutory obligations.
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Providing clearer
information for the pre-treatment and other conditions required for low risk
trade waste discharges.
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Improves
understanding of pre-treatment of low risk trade waste discharges resulting
in better protection of the wastewater system, environment and public health.
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Clearly defining
matters that are taken into account when considering a trade waste agreement.
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Helps trade
waste dischargers and the public better understand the factors considered
when assessing a trade waste agreement.
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Removing all matters
relating to transitional consents.
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Trade waste
dischargers no longer hold transitional consents and retaining these
provisions could lead to confusion.
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Staff recommend the
Committee appoint a panel and staff
17.
1Staff recommend that the committee appoint a chair and
two members from the councillors, the Independent Māori Statutory Board
and the Watercare Services Limited 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 statement of
proposal.
18.
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 me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
19.
The Bylaw impacts the operations of Watercare Services Limited who led
the review of the Bylaw.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
20.
Local board member views were sought during the Bylaw review. The
statement of proposal provides better recognition of the identification,
pre-treatment and other requirements for low risk trade waste discharges to
address concerns from local board members and their communities.
21.
Local Boards will have the opportunity to provide feedback on the
statement of proposal. Local Boards can provide feedback:
· in
writing between 10 April 2019 and 10 June 2019
· to the panel at a
workshop in June 2019.
22.
Local Boards can contact staff to register for the workshop.
Tauākī whakaaweawe
Māori
Māori impact statement
23.
The Bylaw has significance for Māori, in particular the risks that
trade waste discharges pose on people and the environment. Feedback was
received during the findings report engagement from the Mana Whenua Kaitiaki
Forum.
24.
The proposed amendments clarify pre-treatment requirements to remove
fat, oils and grease, and storage of hazardous materials, which were concerns
for Māori during engagement.
Ngā ritenga
ā-pūtea
Financial implications
25.
Public consultation and implementation costs will be met by Watercare
Services Limited.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
26.
If the committee approves the recommendations, there is a risk that
trade waste dischargers will be concerned about proposed amendments to the
Bylaw. This risk will be mitigated by the opportunity to give feedback during
public consultation.
Ngā koringa ā-muri
Next steps
27.
If the committee and Governing Body approve the recommendations, public
consultation on the statement of proposal will follow. Public consultation is
currently scheduled from 10 April 2019 to 10 June 2019. A ‘Have Your
Say’ event 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. The panel will make its recommendations to the Governing
Body. The Governing Body will decide whether to accept the panel
recommendations and officially make any amendments to the Bylaw.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
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Trade Waste Bylaw Statement of Proposal
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15
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b⇩ 
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Regulatory Committee decision on Trade Waste Bylaw
findings report
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105
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c⇩ 
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Regulatory Committee decision on Trade Waste Bylaw
options report
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195
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Ngā kaihaina
Signatories
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Author
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Merle Smuts – Watercare Limited
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Authoriser
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James Hassall - Director Regulatory Services (Acting)
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Regulatory
Committee
14 March 2019
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Regulatory
Committee
14 March 2019
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Regulatory
Committee
14 March 2019
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Regulatory
Committee
14 March 2019
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Regulatory
Committee
14 March 2019
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Regulatory
Committee
14 March 2019
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Regulatory
Committee
14 March 2019
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Solid waste bylaw review 2019 and
direction for changes
File No.: CP2019/01985
Te take mō te
pūrongo
Purpose of the report
1. To
determine the outcome of the review of the Auckland Council Solid Waste Bylaw
2012 (Bylaw) and decide whether to make a new bylaw.
Whakarāpopototanga
matua
Executive
summary
2. To
enable the Regulatory Committee (committee) to determine the outcome of the
review of the Bylaw and decide its future, staff have completed an options
report.
3. On
14 February 2019 the committee endorsed the review findings on the 12 topics
contained in the Bylaw (REG/2019/7) and approved a
report back on options. Key review findings included that issues relating to
most topics continue to occur and that a Bylaw is still necessary but could be
improved.
4. This
report focuses on options about whether a new bylaw is
required to address each of the 12 topics in the review findings. A new bylaw
(as opposed to an amended bylaw) must be made because the current bylaw will
expire on 25 October 2019. Any new bylaw would improve on the current bylaw
structure and wording.
5. Staff
recommend the committee direct staff to prepare a statement of proposal that:
· makes
a new bylaw to address new and continuing issues related to 10 topics: waste
collection from a public place, waste facilities (data
collection), donation collection points, hazardous waste, multi-unit
developments, events, unaddressed mail, shopping trolleys, waste nuisance and
litter receptacles
· does
not make a bylaw about two topics for which issues no longer occur: kerbside
inorganic collection and prevention of litter from display of
flags or similar items.
6. Taking
this approach will commence the process to adopt a new and easier to understand
bylaw. It will better implement Te Mahere Whakahaere me te Whakaiti Tukunga
Para i Tāmaki Makaurau 2018, Auckland Waste Management and Minimisation
Plan 2018 (Waste Plan).
7. There is a low risk that some members of the waste industry may
express concern about the proposal, council’s dual role as regulator and
service provider, or engagement to date. This is mitigated by future
public engagement.
8. If
approved, staff will prepare a statement of proposal for approval by the
Regulatory Committee and Governing Body. Public notification will follow,
before a final decision is made by the Governing Body.
|
Ngā tūtohunga
Recommendation/s
That the Regulatory Committee:
a) agree
that a new bylaw is the most appropriate way to address waste issues related
to waste collection from a public place, waste facilities
(data collection), donation points, hazardous waste, multi-unit developments,
events, unaddressed mail, shopping trolleys, waste nuisance and litter
receptacles.
b) agree
that a solid waste bylaw is no longer required to manage kerbside inorganic
waste collection or to prevent litter from display of flags
or similar items.
c) request
a statement of proposal that makes a new bylaw as detailed in Attachment A of
the agenda report.
|
Horopaki
Context
The solid waste bylaw aims to
primarily manage and minimise waste
9. The
Auckland Council Solid Waste Bylaw 2012, Te Ture Ā Rohe
Para Māro 2012 (Bylaw) seeks to support waste management and minimisation,
protect health and safety, and manage litter and nuisance in public places
(Figure 1).
Figure 1: Solid Waste Bylaw 2012 framework
10. Issues
related to litter and illegal dumping are addressed under the Litter Act 1979.
11. The Bylaw is
aligned with the strategic directions of the Auckland Plan 2050 by implementing
Te Mahere Whakahaere me te Whakaiti Tukunga Para i Tāmaki Makaurau 2018,
Auckland Waste Management and Minimisation Plan 2018 (Waste Plan).
The Bylaw expires in 2019 and
if still needed, must meet certain statutory requirements
12. The Bylaw
will expire on 25 October 2019.[2]
13. Under the
Waste Minimisation Act 2008 and Local Government Act 2002, if a new bylaw is
needed council must determine a bylaw is necessary, well
drafted and meets the requirements of the New Zealand Bill of Rights Act 1990
and the Waste Plan.[3]
14. Following the
review, council can recommend a new bylaw or propose to allow the current Bylaw
to expire using a public consultative process.[4]
The Regulatory Committee
endorsed Bylaw review findings and requested options
15. On 14
February 2019 the committee endorsed the review findings on the 12 topics
contained in the Bylaw and approved a report back on options (REG/2019/7).
Key findings were:
· council
has a responsibility to promote waste management and minimisation
· the
Bylaw is identified in the Waste Plan as one tool to help reduce harm from
residual waste
· harm
from residual waste remains a significant issue in Auckland and in the context
of the Bylaw includes issues related to domestic waste, resource recovery
sites, fill sites, hazardous waste, litter and illegal dumping
· the
Bylaw is still necessary and effective (within the constraints of the resources
available and current legislation) but could be improved.
Tātaritanga me ngā
tohutohu
Analysis and advice
Staff
recommend a new bylaw is made to address issues related to 10 of the 12 topics
16. Staff used
the findings report to develop options for each of the 12 topics in the Bylaw.
17. Staff
assessed each option against assessment criteria that reflect
the core objective of managing and minimising waste, as well as council’s
statutory duties under the Waste Minimisation Act 2008
and Local Government Act 2002.
18. Table 1 provides a summary of the full assessment contained in
Attachment A.
Table 1: Summary assessment of bylaw waste topics and any
changes
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Bylaw topics
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Summary of staff assessment
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19. Recommended direction for any changes
|
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Bylaw appropriate to address issues?
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Existing Bylaw structure and wording appropriate?
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Bylaw valid and consistent with New Zealand Bill of
Rights and Waste Plan?
|
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1. Waste collection from a public place
|
ü
|
û
|
ü
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Adopt new bylaw
|
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2. Waste facilities (data collection)
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ü
|
û
|
ü
|
Adopt new bylaw
|
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3. Donation collection points
|
ü
|
û
|
ü
|
Adopt new bylaw
|
|
4. Kerbside inorganic waste collection
|
û
|
û
|
û
|
No bylaw
|
|
5. Hazardous waste
|
ü
|
û
|
ü
|
Adopt new bylaw
|
|
6. Multi-unit developments
|
ü
|
û
|
ü
|
Adopt new bylaw
|
|
7. Events
|
ü
|
û
|
ü
|
Adopt new bylaw
|
|
8. Litter (from display of flags and similar items)
|
û
|
û
|
û
|
No bylaw
|
|
9. Unaddressed mail
|
ü
|
û
|
ü
|
Adopt new bylaw
|
|
10. Abandoned
shopping trolleys
|
ü
|
û
|
ü
|
Adopt new bylaw
|
|
11. Waste
nuisance
|
ü
|
û
|
ü
|
Adopt new bylaw
|
|
12. Litter
receptacles
|
ü
|
û
|
ü
|
Adopt new bylaw
|
18. Staff recommend that a new bylaw be made for 10 of the 12 topics
in the current Bylaw. A new bylaw would:
· help implement the Waste Plan goal to reduce harm from residual
waste, for example by encouraging waste minimisation, preventing
litter and inappropriate disposal of waste, and enabling data collection
· help manage the use of public places for collection of waste and
manage the appropriate use of public litter receptacles
· be
easier to understand than the current Bylaw.
19. A bylaw to
enable kerbside inorganic waste collection by council is no longer required.
This is because since 2015 inorganic material has been collected from within
the property boundary and not the kerbside. This approach is identified in the
Waste Plan.
20. A bylaw to
prevent the display of flags, balloons, posters and the
like from becoming litter is no longer required. The bylaw has never been used
and if any issue does arise, council could use its Public Safety and Nuisance
Bylaw 2013 in relation to nuisance.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
21. Input was
sought from council units involved in waste, resource management and events
through face-to-face meetings and an online survey. Council units are aware of
the impacts of possible changes to the Bylaw and their implementation role.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
22. Local board
members participated in cluster workshops held in November 2018. Members who
attended expressed support for the Bylaw alongside other measures such as
product stewardship and education. Concerns included waste contamination,
illegal dumping and hazardous waste disposal.
23. The
recommended changes would continue to address concerns about waste
contamination and hazardous waste disposed of in kerbside bins. Illegal dumping
would continue to be more appropriately addressed using the Litter Act 1979
infringement notices.
Tauākī whakaaweawe
Māori
Māori impact statement
24. The Bylaw has
particular significance for Māori as kaitiakitanga of Papatūānuku. Staff
sought input from mana whenua and mataawaka at a facilitated hui in November
2018.
25. Mana whenua
and mataawaka are supportive of the current Bylaw but find it too technical.
The recommended changes to adopt a new bylaw would continue to support waste
minimisation outcomes of the current Bylaw in a way that is easier to
understand.
26. Other
concerns raised relate to the need for better alignment with Te Ao Māori
and a greater focus on product stewardship, education and community-focused
programmes. These concerns are addressed in the Waste Plan using methods other
than a bylaw.
Ngā ritenga
ā-pūtea
Financial implications
27. The cost of
the Bylaw review and implementation will be met within existing budgets.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
28. There is a low risk that some members of the waste industry may
express concern about the proposal, council’s dual role as a regulator
and service provider, or engagement to date. This is mitigated by future
public engagement.
Ngā koringa ā-muri
Next steps
29. If approved,
staff will prepare a statement of proposal which will include a new bylaw and
compliance approach. A report to the Committee will recommend the Governing
Body adopt the statement of proposal for public feedback. The report will also
seek to appoint a panel to consider public feedback.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩ 
|
Solid Waste Bylaw 2012 Review: 2019 Options Report
|
259
|
Ngā kaihaina
Signatories
|
Authors
|
Magda Findlik - Principal Policy Analyst
Elizabeth Osborne - Policy Analyst
|
|
Authorisers
|
Kataraina Maki - GM - Community & Social Policy
James Hassall - Director Regulatory Services (Acting)
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
Provisional Local Alcohol Policy
Sub-Committee for Appeals
File No.: CP2019/02816
Te take mō te
pūrongo
Purpose of the report
1. To
seek approval to establish a sub-committee to make urgent decisions on court
proceedings involving the Auckland Council Provisional Local Alcohol Policy.
Whakarāpopototanga matua
Executive summary
2. The
Auckland Council Provisional Local Alcohol Policy is subject to the following
court proceedings:
· judicial
review against the 2017 decision of the Alcohol Regulatory and Licensing
Authority (Authority). This matter was heard by the High Court in early
February and the decision is reserved
· appeal
lodged by Foodstuffs North Island against a preliminary decision of the
Authority. This matter was heard in the High Court on 5 March and the decision
is reserved
· appeals
against the resubmitted policy in the Authority which are on hold pending the
outcome of Foodstuffs North Island appeal in the High Court.
3. Details
were presented to councillors in the memorandum to the committee dated 16
October 2018.
4. If
council is unsuccessful in either of the High Court matters, it could appeal
the decision to the Court of Appeal. Similarly, if council is unsuccessful in
the appeals to be heard in the Authority it could appeal the decision to the
High Court.
5. Council
will need to obtain legal advice on the merits of any appeal before proceeding.
Appeals must be made within 20 working days of receipt of a court decision.
6. These
timeframes mean that the committee is unlikely to have time after legal advice
is received for an appeal to be lodged.
7. Staff
recommend a sub-committee is formed to make urgent decisions on matters related
to court proceedings involving the policy. In recommending that a sub-committee
is created, staff have considered the:
· statutory
timeframes to bring an appeal
· potential
delay if an application to extend the timeframe to appeal is needed
· loss
of appeal opportunity if it is not lodged in time and council cannot get an
extension
8. There
is a sub-committee of the Regulatory Committee for urgent decision making for
Resource Management Act 1991. This is a consistent approach.
9. Recommended
terms of reference for a sub-committee are in Attachment A. These provide:
· the
membership of the sub-committee would consist of:
the
Chair or Deputy Chair of the Regulatory Committee
a
councillor
a
member of the Independent Māori Statutory Board. This membership will
ensure that issues relating to Māori health and welfare are considered
when considering an appeal.
· decisions
would only be on urgent matters about the court proceedings including whether
to appeal
· when
making decisions, the sub-committee must have regard to:
the
merits of a decision including appeal
likelihood
of success
potential
timeframes and delay
previous
views expressed by local boards
any
other statutory decision-making requirements in the Local Government Act 2002
· any
decision is required to be reported to the full committee at the next
reasonable opportunity.
|
Ngā tūtohunga
Recommendation/s
That the Regulatory Committee:
a) establish
a sub-committee to make urgent decisions relating to court proceedings
involving the Provisional Auckland Council Local Alcohol Policy within the
Terms of Reference included in Attachment A of the agenda report, which
consists of:
i) the
Chair or Deputy Chair of the Regulatory Committee
ii) a
councillor
iii) a
member of the Independent Māori Statutory Board.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩ 
|
Terms of Reference
|
309
|
Ngā kaihaina
Signatories
|
Author
|
Nadine Hopkins - Policy Analyst
|
|
Authorisers
|
Kataraina Maki - GM - Community & Social Policy
James Hassall - Director Regulatory Services (Acting)
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
Regulatory Committee Summary of
Information Items - 14 March 2019
File No.: CP2019/02741
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 and Attachment B).
2. To
note the progress on the forward work programme (Attachment C).
Whakarāpopototanga matua
Executive summary
3. This
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.
4. 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 left of the page, select meeting “Regulatory Committee”
from the drop-down and click ‘view’;
· under
‘Attachments’, select either HTML or PDF version of the document
entitled ‘Extra Attachments’
5. 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 Regulatory Committee Summary of Information Items 14 March 2019 report.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Region-wide appeal register
|
315
|
|
b⇩
|
Appeals status report
|
325
|
|
c⇩ 
|
20190314 Work programme
|
327
|
Ngā kaihaina
Signatories
|
Author
|
Suad Allie - Governance Advisor
|
|
Authoriser
|
James Hassall - Director Regulatory Services (Acting)
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
|
Regulatory
Committee
14 March 2019
|
|
Exclusion of the Public: Local Government Official Information
and Meetings Act 1987
That the Regulatory
Committee
a) exclude
the public from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the specific
grounds under section 48(1) of the Local Government Official Information and
Meetings Act 1987 for the passing of this resolution follows.
This resolution
is made in reliance on section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests
protected by section 6 or section 7 of that Act which would be prejudiced by
the holding of the whole or relevant part of the proceedings of the meeting in
public, as follows:
C1 Update
and Direction on Appeals against Plan Change 3: Protection of Views from
Stockade Hill, Howick to the Auckland Unitary Plan (Operative in Part)
|
Reason for
passing this resolution in relation to each matter
|
Particular
interest(s) protected (where applicable)
|
Ground(s)
under section 48(1) for the passing of this resolution
|
|
The public conduct
of the part of the meeting would be likely to result in the disclosure of
information for which good reason for withholding exists under section 7.
|
s7(2)(g) -
The withholding of the information is necessary to maintain legal
professional privilege.
In
particular, the report addresses matters that relate to the two appeals
before the Environment Court.
|
s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
|
