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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 8 August 2019

9.30am

Room 1, Level 26
135 Albert St
Auckland

 

Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Deputy Mayor Cr Bill Cashmore

 

Members

Cr Josephine Bartley

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Richard Hills

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

 

 

Cr Wayne Walker

 

 

Cr John Watson

 

 

IMSB Member Glenn Wilcox

 

 

Cr Paul Young

 

 

 

 

Ex-officio

Mayor Hon Phil Goff, CNZM, JP

 

 

(Quorum 5 members)

 

 

 

Andrew Gray

Governance Advisor

 

5 August 2019

 

Contact Telephone: 021583018

Email: andrew.gray@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

Responsibilities

 

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

 

 

The committee’s key responsibilities include:

 

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

·         hearing and determining objections under the Dog Control Act 1996

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

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

·         hearing and determining matters arising under bylaws

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

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

·         monitoring the performance of regulatory decision-making

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

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

·         regulatory fees and charges

·         recommend bylaws to Governing Body for consultation and adoption

·         appointing hearings panels for bylaw matters

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

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

·         engage with local boards on bylaw development and review

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

 

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

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

 

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

Relevant legislation includes but is not limited to:

 

All Bylaws

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

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

Maritime Transport Act 1994
Related Regulations

Powers

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

 

Except:

 

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

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

 

(ii)        Power to establish subcommittees.

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

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

 

Those who are not members of the public

 

General principles

 

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

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

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

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

 

Members of the meeting

 

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

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

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

 

Independent Māori Statutory Board

 

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

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

 

Staff

 

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

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

 

Local Board members

 

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

 

Council Controlled Organisations

 

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

 

 

 


Regulatory Committee

08 August 2019

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Apologies                                                                                                                        9

2          Declaration of Interest                                                                                                   9

3          Confirmation of Minutes                                                                                               9

4          Petitions                                                                                                                          9  

5          Public Input                                                                                                                    9

6          Local Board Input                                                                                                          9

7          Extraordinary Business                                                                                              10

8          Appointment of Hearing Commissioners - Proposed Plan Changes 19, 20, 22 (and Plan Modification 12 to the Hauraki Gulf Islands District Plan), 23, 25, 26 and 27 to the Auckland Unitary Plan (Operative in Part)                                                         11

9          Resource Consent Appeals: Status Report 8 August 2019                                    17

10        Summary of Regulatory Committee information memoranda and briefings - 8 August 2019 including the Forward Work Programme                                           37  

11        Consideration of Extraordinary Items 

 

 


1          Apologies

 

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

 

 

2          Declaration of Interest

 

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

 

 

3          Confirmation of Minutes

 

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 11 July 2019, including the confidential section, 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

08 August 2019

 

Appointment of Hearing Commissioners - Proposed Plan Changes 19, 20, 22 (and Plan Modification 12 to the Hauraki Gulf Islands District Plan), 23, 25, 26 and 27 to the Auckland Unitary Plan (Operative in Part)

File No.: CP2019/13084

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To request the appointment of Independent Hearing Commissioners to hear submissions and make decisions on the following proposed plan changes to the Auckland Unitary Plan (Operative in Part):

PC19 – Rezoning of 90 Felton Mathews Ave, St Johns (Private Plan Change)

PC20 – Rural Activity Status

PC22 (and Plan Modification 12 to the Hauraki Gulf Islands District Plan) – Sites of Significance to Mana Whenua 

PC23 - Smales Farm (Private Plan Change)

PC25 - Warkworth North (Private Plan Change)

PC26  - Special Character Residential

PC27 – Heritage Schedule.

Whakarāpopototanga matua

Executive summary

2.       With the forthcoming local body elections occurring in September 2019 and the Regulatory Committee (or its equivalent) unlikely to meet again until November 2019, Independent Hearing Commissioners are sought for the above proposed plan changes. The commissioners will hear submissions and make decisions on the proposed plan changes.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      appoint one independent commissioner, with expertise in planning to hear submissions (if a hearing is required) and make decisions on Proposed Plan Change 19 to the Auckland Unitary Plan (Operative in Part);

b)      appoint at least two independent commissioners, with expertise in planning and tikanga Māori to hear submissions and make decisions on Proposed Plan Change 20 to the Auckland Unitary Plan (Operative in Part);

c)      appoint at least two independent commissioners, with expertise in planning and tikanga Māori to hear submissions and make decisions on Proposed Plan Change 22 to the Auckland Unitary Plan (Operative in Part) and Proposed Plan Modification 12 to the Hauraki Gulf Islands District Plan;

d)      appoint at least three independent commissioners, with expertise in planning, urban design/landscape and traffic to hear submissions and make decisions on Proposed Plan Change 23 to the Auckland Unitary Plan (Operative in Part);

e)      appoint up to three independent commissioners, with expertise in planning, stormwater/flooding, legal and ecology to hear submissions and make decisions on Proposed Plan Change 25 to the Auckland Unitary Plan (Operative in Part);

f)       appoint up to three independent commissioners, with expertise in planning and legal to hear submissions and make decisions on Proposed Plan Change 26 to the Auckland Unitary Plan (Operative in Part);

g)      appoint at least two independent commissioners, with expertise in planning, and historic heritage to hear submissions and make decisions on Proposed Plan Change 27 to the Auckland Unitary Plan (Operative in Part);

h)      delegate authority to the chairperson of the Regulatory Committee (or its equivalent) to make replacement appointments to the hearing panel in resolutions a) to g) in the event that members of the hearings panels are unavailable.

 

 

Horopaki

Context

3.       The appointment of independent hearing commissioners is required for a number of council- initiated and private plan changes. These proposed plan changes are likely to be scheduled for a hearing towards the end of 2019 – around the time council committee’s are being formed after the local government elections.

4.       Proposed Plan Change 19 – Rezoning of 90 Felton Mathews Ave, St Johns (Private) seeks to rezone 4,380m2 of Business-Light Industry zoned land to Residential-Mixed Housing Suburban.

5.       Two primary submissions were received on Proposed Plan Change 19.  The submissions raise planning issues.

6.       Proposed Plan Change 20 – Rural Activity Status seeks to limit residential and industrial activities in rural areas so that rural zones are predominantly used for rural purposes. It amends the activity table for the rural zones so that any activity not specifically listed in the table becomes a non-complying activity. It also amends the reference to "residential activities" in specific rural policies and zone descriptions to "dwellings".

7.       231 primary submissions were received on Proposed Plan Change 20.  The submissions raise planning and tikanga Māori issues.

8.       Proposed Plan Change 22 & PM12 (HGI) - Sites of Significance to Mana Whenua adds a further 31 sites to the Auckland Unitary Plan’s Sites and Places of Significance to Mana Whenua Overlay and four sites to the Hauraki and Gulf Islands Section’s Appendix 1f - Schedule of Maori heritage sites (inner islands). It also amends the criteria for scheduling Māori heritage sites and adds the identified sites to the planning maps.

9.       Ten primary submissions were received on Proposed Plan Change 22 and five submissions on Proposed Plan Modification 12.  The submissions raise planning and tikanga Māori issues.

10.     Proposed Plan Change 23 – Smales Farm (Private) seeks to amend policies in H15 Business – Business Park Zone and to make various changes to the Smales Farm Precinct (I538 Smales 1 Precinct).

11.     18 primary submissions were received on Proposed Plan Change 23.  The submissions raise planning, urban design/landscape and traffic issues.

12.     Proposed Plan Change 25 – Warkworth North (Private) seeks to rezone approximately 99 hectares of Future Urban zoned land to a mix of business and residential zones.

 

 

 

13.     36 primary submissions were received on Proposed Plan Change 25.  The submissions raise planning, stormwater/flooding and ecology/biodiversity issues.

14.     Proposed Plan Change 26 - Special Character Residential seeks to clarify which planning provisions in the Special Character Area Overlay prevail over the corresponding provisions of the underlying residential zones.

15.     Over 250 submissions were received on Proposed Plan Change 26 (these are still being processed).  The submissions raise planning and legal (scope) issues. 

16.     Proposed Plan Change 27 – Heritage Schedule seeks to amend the Historic heritage Schedule and/or the planning maps for 73 historic heritage places already included in Schedule 14.1, including the deletion of 11 historic heritage places from the schedule.

17.     34 primary submissions were received on Proposed Plan Change 27.  The submissions raise planning and historic heritage issues.

18.     Given the issues raised in submissions, the following commissioner expertise would be desirable:

·    PC 19 – planning;

·    PC 20 – planning and tikanga Māori;

·    PC 22 & PM12 (Hauraki Gulf Islands) – planning and tikanga Māori;

·    PC 23 - planning, urban design/landscape and traffic;

·    PC 25 - planning, stormwater/flooding, legal and ecology;

·    PC 26 - planning, special character/residential and legal; and

·    PC 27 - planning and legal.

19.     The commissioners will hear submissions and make decisions on the proposed plan changes.

Tātaritanga me ngā tohutohu

Analysis and advice

20.     Analysis of the issues raised in submissions and recommendations will be provided in the section 42A hearing reports for the proposed plan changes.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     The following council departments/groups have been involved in the proposed plan changes and will continue to be involved prior to and during the hearings:

Plan Change

Council Group Impacts & Views

19

Nil

20

Resource Consents

22

Māori Heritage

23

Urban Design, Transport, Stormwater, Auckland Transport  and Auckland Council (submitters)

25

Healthy Waters, Auckland Transport, WaterCare, ADO, Market Economics, Auckland Council (submitter)

26

Resource Consents

27

Historic Heritage

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

22.     As part of the plan change process, memos are sent to relevant local boards advising them of the proposed plan changes and providing them with the opportunity to provide feedback. Local board views were received in respect of the following proposed plan changes. The feedback was taken into account prior to finalising the proposed plan changes:

Plan Change

Local Board Views

19

Nil

20

Nil

22

Nil

23

Nil

25

Nil

26

Howick Local Board, Manurewa Local Board

27

Manurewa Local Board

 

23.     Local boards also have the opportunity to provide feedback prior to the commencement of hearings. Feedback received from local boards will be included in the section 42A reports for the hearings. 

Tauākī whakaaweawe Māori

Māori impact statement

24.     Clause 3(1)(d) of Schedule 1 to the RMA, states that local authorities shall consult with tangata whenua of the area who may be so affected, through iwi authorities, during the preparation of a proposed policy statement or plan.

25.     Clause 4A of Schedule 1 to the RMA states that local authorities must:

·   provide a copy of a draft proposed policy statement or plan to iwi authorities to consider

·   have regard to feedback provided by iwi authorities on the draft proposed policy statement or plan

·   provide iwi authorities with sufficient time to consider the draft policy statement or plan.

26.     In addition to the above, recent legislation changes to the RMA introduced section 32(4A), if the proposal is a proposed policy statement, plan, or change prepared in accordance with any of the processes provided for in Schedule 1, the evaluation report must:

(a) summarise all advice concerning the proposal received from iwi authorities under the relevant provisions of Schedule 1; and

(b) summarise the response to the advice, including any provisions of the proposal that are intended to give effect to the advice.

27.     Iwi were consulted during the preparation of the plan changes.

28.     Submissions received from iwi on full notification of the plan changes were:

Plan Change

Submissions from Iwi

19

Nil

20

Ngāti Tamaoho Trust, IMSB

22

Te Akitai Waiohua Waka Taua Incorporated Society

Ngai Tai Ki Tāmaki (further submitter)

23

Nil

25

Nil

26

Nil

27

Nil

 

29.     Where iwi have lodged a submission, a commissioner with tikanga Māori is sought.

Ngā ritenga ā-pūtea

Financial implications

30.     The cost of independent hearing commissioners is covered by the Democracy Services department budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

32.     Council staff will commence preparations for the hearings to take place.

The key next steps involve:

·    seeking further feedback from local boards;

·    preparing the section 42A hearing reports;

·    contacting the appointed Independent Hearing Commissioners to check their availability;

·    notifying submitters of the hearing dates and venue;

·    providing submitters with a copy of the hearing report;

·    Independent Hearing Commissioners conduct the hearings; and

·    Council decisions released.

33.     The appeal periods commence after the respective decisions are released.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Tony Reidy - Team Leader Planning

Authorisers

John Duguid - General Manager - Plans and Places

Craig Hobbs - Director Regulatory Services

 


Regulatory Committee

08 August 2019

 

Resource Consent Appeals: Status Report 8 August 2019
 

File No.: CP2019/14274

 

  

 

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.

Whakarāpopototanga matua

Executive summary

2.       This report provides a summary of current resource consent appeals to which the Auckland Council is a party. It updates our report of 2 July 2019 to the Regulatory Committee.

3.       If committee members have detailed questions concerning specific appeals, it would be helpful if they could raise them prior to the meeting with Robert Andrews (phone: 353-9254) or email: robert.andrews@aucklandcouncil.govt.nz) in the first instance.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 8 August 2019.

 

 

Horopaki

Context

4.       As at 31 July 2019, there are 29 resource consent appeals to which Auckland Council is a party. These are grouped by Local Board Area geographically from north to south as set out in Attachment A.  Changes since the last report and new appeals received are shown in bold italic text.

5.       The principal specialist planners - resource consents, continue to resolve these appeals expeditiously. In the period since preparing the previous status report, there have been two new appeals and three appeals resolved.

6.       The appeal by Goatley Holdings Limited is to the resource consents associated with the construction, operation and maintenance of the Matakana Link Road – Tuhonhono ki Tai (Pathway to the Sea), a new 1.35km road between State Highway 1 (SH1) and Matakana Road at Warkworth. Goatley Holdings Limited have already appealed the related New Zealand Transport Agency (NZTA) application decisions for widening State Highway One at Warkworth that provides for its intersection with the future Matakana Link Road.

7.       The Lods Family Trust appeal is to the decision of Auckland Council to refuse resource consent to remove the existing dwelling, carry out a two-lot subdivision, and construct two new two-storey dwellings. The site at 109 John Street, Ponsonby is within the Single House Zone and subject to the Special Character Area Overlay. When refused by council, the proposal was considered to not meet either test of Section 104D of the RMA in being contrary to AUP OP special character objectives and policies and create adverse effects to the immediate neighbours that cannot be mitigated.

Tātaritanga me ngā tohutohu

Analysis and advice

8.       To receive the report as provided.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

9.       Not applicable.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

10.     Not applicable.

Tauākī whakaaweawe Māori

Māori impact statement

11.     The decision requested of the Regulatory Committee is to receive this progress report rather than to decide each appeal.

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

Ngā ritenga ā-pūtea

Financial implications

13.     Environment Court appeal hearings can generate significant costs in terms of commissioning legal counsel and expert witnesses and informal mediation and negotiation processes seek to limit these costs.  Although it can have budget implications, it is important that Auckland Council, when necessary, ensure that resource consents maintain appropriate environmental outcomes and remain consistent with the statutory plan policy framework through the appeal process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

14.     Not applicable.

Ngā koringa ā-muri

Next steps

15.     Not applicable.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Current Resource Consent Appeals as at 31 July 2019

21

     

Ngā kaihaina

Signatories

Author

Robert Andrews - Principal Specialist Planning

Authoriser

Ian Smallburn - General Manager Resource Consents

 


Regulatory Committee

08 August 2019

 

 

RODNEY – Local Board Area (3 Appeals)

 

Appellant

Goatley Holding Limited

Received

27 June 2019

References

ENV-2019-AKL-000133

Council: BUN60328269, LUC60328290, DIS60328291,

WAT60328292 and LUS60328463.

Applicant:

Auckland Transport

 

Site address

Land between State Highway 1 and Matakana Road at

Warkworth

Other parties

 

Description

An appeal to resource consents associated with the construction, operation and maintenance of the Matakana Link Road – Tuhonhono ki Tai (Pathway to the Sea), a new 1.35km road between State Highway 1 (SH1) and Matakana Road at Warkworth.

Iwi comments

Iwi consultation undertaken and conditions of consents provide for cultural monitoring.

Status

New appeal by a submitter. Yet to be timetabled.

 

 

 

Appellant

Stellan Trust

Received

4 June 2019

References

ENV-2019-AKL-000099

Council : BUN60322627, LUC60322701, WAT60322704, DIS60322702, DIS60323625 and LUS60323625

Applicant:

New Zealand Transport Agency (NZTA)

 

Site address

Multiple Properties Between Hudson Road and 102 State Highway 1, Warkworth

 

Other parties

 

Description

An appeal to resource consents (and a Notice of Requirement) associated with the construction, operation and maintenance of a widened State Highway One at Warkworth, being the intersection with the future Matakana Link Road. (There is a related confirmation of a Notice of Requirement for alteration of designation 6763) The appellant’s submission seeks a reduced extent of designation and provision for access.

Iwi comments

Iwi consultation undertaken by applicant.  The Requiring Authority is to prepare a Protocol for any accidental archaeological discoveries during Construction Works.

Status

Yet to be timetabled.

 


 

 

Appellant

Goatley Holding Limited

Received

4 June 2019

References

ENV-2019-AKL-000097

Council : BUN60322627, LUC60322701, WAT60322704, DIS60322702, DIS60323625 and LUS60323625

Applicant:

New Zealand Transport Agency (NZTA)

 

Site address

Multiple Properties Between Hudson Road and 102 State Highway 1, Warkworth

 

Other parties

 

Description

An appeal to resource consents associated with the construction, operation and maintenance of a widened State Highway One at Warkworth, being the intersection with the future Matakana Link Road. (There is a related confirmation of a Notice of Requirement for alteration of designation 6763) The appellant’s submission seeks a reduced extent of designation and provision for access.

Iwi comments

Iwi consultation undertaken by applicant.  The Requiring Authority is to prepare a Protocol for any accidental archaeological discoveries during Construction Works.

Status

Yet to be timetabled.

 


 

Hibiscus and Bays - Local Board Area (1 Appeal)

 

Appellant

Auckland Council (Community Facilities)

Received

22 December 2017

References

ENV-2017-AKL-00075

-               Council – SUB60069647

Site address

Orewa Beach Esplanade Reserve, between Kohu Street and Marine View

Other parties

Four 274 parties

Description

Appeal by the applicant against council’s decision to refuse consent to the construction of a seawall, walkway and accessory access structures at the Orewa Beach Esplanade Reserve, between Kohu Street and Marine View.

Iwi comments

Cultural values assessments were prepared by Ngati Manuhiri and Ngai Tai Ki Tamaki that confirmed conditional support for the application. The environment is highly modified and accidental discovery protocols are sought. The application was publically notified and no submissions from Iwi were submitted.

Status

Court heard from the parties, and by minute of 22 February 2018 set the appeal down for a pre-hearing on jurisdiction over the right to appeal and determined that an amicus curiae should be appointed. Affidavits prepared for the pre-hearing set for 9 April 2018 that proceeded as scheduled. The Court on 2 May 2018 released its decision confirming jurisdiction over the Council’s right to appeal. A pre-hearing of 31 July 2018 discussed timetabling, possible mediation dates and sought the appellant to clarify the appeal issues. Court assisted mediation took place on the 21st and 22nd of February 2019.   The substantive issues have been addressed and agreed between the main parties, some s.274 parties have not agreed.  The matter proceeded to Court hearing, for the full week of 6th May 2019. Awaiting decision from the Court.

 

 

Devonport Takapuna – Local Board Area (1 Appeal)

 

Appellant

Pierce Road Coalition

Received

21 February 2019

References

ENV-2019-AKL-000028

-               Council – LUC60313256

Site address

110 Kitchener Road and 1a Pierce Road, Milford

Other parties

One 274 party

Description

Appeal by submitters against Council’s decision to grant consent to a six story building containing 20 residential apartments and one commercial unit. 

Iwi comments

The application was publically notified and no submissions from Iwi were submitted.

Status

Agreement to settle the appeal reached at mediation on 29 May 2019. Consent order resolving the appeal was approved by the Environment Court on 30 July 2019. Matter complete. 

 

 


 

 

WAITAKERE – Local Board Area (1 Appeal)

 

Appellant

Trustees of Forest Trust and Successors

Received

 19 July 2018

References

ENV-2018-AKL-000145

Council: SUB-2011-63

Site address

199 Anzac Valley Road, Waitakere

Other parties

None

Description

Appeal against hearing decision to uphold in part and dismiss in part a section 357 objection to conditions and costs of a subdivision resource consent (SUB-2011-63)

Iwi comments

The application did not trigger any requirement for a Cultural Impact Assessment or raise any iwi or Treaty issues.

Status

Appeal lodged on 26 July 2018. Environment Court decision to refuse appeal issued 18 December 2018. Appealed to the High Court however there is now a five year stay imposed by the Court against any current or new appeals lodged by P. Mawhinney of the Forest Trust. 

 

 


 

 

ALBERT-EDEN –Local Board Area (1 Appeal)

 

Appellant

Panuku Development Auckland v Auckland Council

Received

04 September 2018

References

ENV-2017-AKL-000176

Council – LUC60303721 & DIS60303722

Site address

198-202 and 214-222 Dominion Road and 113-117 Valley Road, Mt Eden

Other Parties

Pacific Fringe Ltd, Astrid Modrow, Chris King, John Cram, Julie Singh, June Beaumont, Krish Jayaratne, LE & JE Whiley, Michael Wang, Nancy Smith, Peter Lange, Roger Bannan, Robert Dexter, Richard Peters, Ruth Batten, Stuart Wong, Walter Kelland, Valerie Turner

Description

Appeal against a hearing commissioner’s decision to refuse resource consent for a mixed use development comprising four new buildings with 102 residential units, nine retail units and 115 carparks. The commissioner’s grounds for refusal related to the bulk and scale of the proposal and the associated visual, shading and dominance effects, and the adverse effects on Special Character values from the loss of the Universal Building (a character-supporting building).

Iwi comments

The application did not trigger any requirement for a Cultural Impact Assessment, attract submissions from Iwi or raise Treaty issues.

Status

Appeal regarding a development that has generated media, political and local interest. Council has met on a without prejudice basis with the appellant (18 and 24 September 2018). Court assisted mediation occurred on 31 October 2018, no agreement reached between the parties. Further informal discussion between the parties (December 2018). Second court-assisted mediated occurred on 16 January 2019. Mediation agreement reached – subject to various conditions being satisfied. Council to report back to the Court as to progress by 15 February 2019. A number of the s274 parties have requested further time to consider their positions. Council has filed a memorandum with the Court seeking a judicial conference on the first available date after 15 March 2019. Pre-hearing conference scheduled for 2 April 2019. The pre-hearing conference held on 2 April 2019 confirmed that the matter will proceed to a hearing on or after 15 July 2019. A timetable for evidence exchange has been issued. The Court has issued a notice of hearing confirming that the hearing will commence of 19 August 2019. Revised date for hearing commencement – now 20 August 2019.

 


 

 

WAIHEKE –Local Board Area (1 Appeal)

 

Appellants

Cable Bay Wines Ltd v Auckland Council

 

Received

 

2 February 2018

References

ENV-2017-AKL-000010

Council – LUC60127798

Site address

12 Nick Johnston Drive, Waiheke Island

Applicant

Cable Bay Wines Limited

Other parties

Stephen & Suzanne Edwards, Julie Loranger & Lindsay Niemann, Michael & Christine Poland.

Description

Cable Bay appeal Council’s decision to refuse retrospective consent relating to the unlawful establishment and use of an additional dining area known as ‘The Verandah’. The principal issues in contention relate to the scale and intensity of the activity and the general amenity / noise effects associated with the use of the structure.

Iwi comments

The application was limited-notified to neighbours.  No iwi group indicated a need for a cultural impact assessment. The Hearing Commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA.

Status

The Environment Court directed court-assisted mediation after the expiry of the section 274 period on 15 March 2018. Three s274 parties have joined. Awaiting confirmation of Environment Court mediation date and to involve both the consent appeal and the enforcement order application. Mediation held on 2 July 2018. No agreements reached between the parties. Caucusing between noise experts to on 5 July 2018 and a further mediation to be scheduled. No agreement reached at second mediation and matter to be set down for a hearing. The Court has confirmed a joint resource consent appeal and enforcement order hearing commencing on 7 November 2018. The appellant’s evidence is due by 7 September and the Council’s evidence is due by 21 September. Council to call Planning and Noise expert witnesses. Council’s evidence was filed with the Court on 21 September 2018. The hearing commenced on 7 November 2018 and an interim decision on the resource consent was issued on 21 November to convey the Court’s refusal of part of the application, particularly in relation to the use of the lawn for outdoor dining and drinking, and make further directions about the refinement of conditions of consent to aspects of the proposal which might attract consent. An interim decision on the application for enforcement order was issued on 28 November 2018 ordering Cable Bay to undertake various steps to limit their activities. The Court intends that the orders will substantially mirror the final resource consent conditions. Further monitoring and testing work order by the Court is ongoing. A second interim decision on the resource consent appeal was issued by the Court 22 February 2019 confirming the Court’s earlier decision to refuse consent in part. Further collaborative noise monitoring and assessment has been undertaken by the parties’ acoustic engineers and a report on this work is to be provided to the Court by 8 March 2019. This will assist the court in determining whether or not consent can be granted to a modified proposal for the restaurant, alfresco dining and outdoor functions. A judicial teleconference held on 28 March 2019. A further 1-2 day hearing will be scheduled, however that will not be held until July (as the Judge is away for May and June).  An evidence exchange timetable will be set in due course. The Court has indicated that the hearing will resume for 2 days in the week of 26 August 2019. A timetable for evidence exchange has been issued. Evidence has been exchanged and the hearing will re-commence on 29th August 2019.

 


 

 

Waitematā (12 appeals)

 

Appellant

Lods Family Trust v Auckland Council

Received

2 July 2019

 

References

ENV-2019-AKL-000134

Site address

109 John Street, Ponsonby

Other Parties

Section 274 Party - Emma Jane Munro

Section 274 Party -Jennifer Katherine Wilson

Description

Appeal against Council’s decision to refuse resource consent to remove the existing dwelling and associated structures on the site, carry out a two-lot subdivision, and construct two new two-storey dwellings.

Iwi comments

The application was publicly notified. There were no iwi issues raised in the application. The application was considered in accordance with the RMA.

Status

New appeal. Reporting date of 2 August to the Environment Court regarding mediation.

 

 

Appellants

Society for the Protection of Western Springs Forest Incorporated 2736092 & G Baldock v Auckland Council

Received

 

 11 June 2019

 

 

 

References

ENV-2019-AKL-000104

LUC60321424

Site address

859 Great North Road, Grey Lynn

Applicant

Auckland Council Community Facilities

Other parties

n/a

Description

To remove approximately 200 pine trees in Te Wai Orea – Western Springs Lakeside Park, including earthworks for an access track and restoration planting.

Iwi comments

Initial engagement and responses received from Ngati Paoa, Ngati Whatua Orakei, Ngati Whatua Kaipara, Te Patukirikiri, Te Runanga o Ngati Whatua, Waikato Tainui, Waiohua Te Ahiwaru Makaurau and Te Kawerau a Maki. Generally supportive of the works. No mana whenua groups have appealed or joined as s274 parties. 

Status

New appeal. A timetable for court-assisted mediation has not yet been set. First mediation was held on 26 July 2019. Arborists to conduct joint site visit with a view to identifying and agreeing upon ‘urgent’ removals. Second mediation scheduled for 19th August 2019.

 


 

 

Appellants

-Urban Auckland, The Society for the Protection of Auckland City and Waterfront Inc. v Auckland Council; and

-Ngāti Whātua Orakei Whaia Maia Limited v Auckland Council

 

Received

 

 15 May 2019

 

 

15 May 2019

References

ENV 2019 AKL 000087

 CST60323353

Site address

Wharf/ 11-99 Brigham Street Auckland Central

Applicant

Panuku Development Auckland Limited

Other parties

Various 274 parties in support of applicant

Devonport Heritage in support of Urban Auckland

Description

Appeal against council’s decision to grant consent to construct two ship mooring dolphins and wharf access structures from the end of Queens Wharf and undertake alterations to the existing Queens Wharf structure including strengthening, bollard replacement, new piles and modifying the sub-structure. 

Iwi comments

Submissions by various Mana whenua groups opposed or supported the application and were neutral by the end of the hearing. 

Status

New appeals. Appeals to proceed to mediation on 6 August 2019.

 

 

Appellants

Drago Jujnovich v Auckland Council       

 

Received

 

11  December 2018

References

ENV 2018 AKL 000371

 

Site address

560 Richmond Road, Ponsonby

Applicant

Drago Jujnovich c/- Jadren Trust

Other parties

Lesley Baddon

Description

Appeal against council’s decision to refuse resource consent to remove an existing dwelling and utilise the site for up to 13 carparking spaces (staff cars and cars waiting to be repaired) associated with the West Lynn Paint and Panel shop.

Iwi comments

No iwi issues. The application was considered in accordance with the RMA.

Status

The Environment Court has set down a reporting date of 31 January 2019 to advise of any negotiations on the appeal. Joint memorandum filed by parties on 31 January for a further reporting date to the Court of 12 March 2019.  Mediation set down for 28 March has since been deferred to 17 April 2019.  Mediation held and parties have agreed to settle the appeal.  Conditions currently being drafted by Council for circulation to parties for comments. Draft consent order to settle the appeal subject to amended proposal and conditions has been filed dated 10 June for approval by the Environment Court. Environment Court has approved a consent order granting the application in part for a 5-year duration and subject to conditions dated 16 July 2019.  File Closed.

 


 

 

Appellants

-North Eastern Investments Limited v Auckland Council

-The Dark Horse Trust & Others v Auckland Council

-The St Mary’s Bay Association Inc. & Herne Bay Residents Association Inc.

-Henry v Auckland Council (now withdrawn)   

Received

 

 30 November 2018

30 November 2018

 

30 November 2018

 

30 November 2018

References

ENV 2018 AKL  000358 (NEIL)

ENV 2018 AKL 000355 (Dark Horse)

ENV 2018 AKL 000357 (Associations)

ENV 2018 AKL 000359 (Henry)

Site address

St Mary’s Bay and Masefield Beach

Applicant

Auckland Council (Healthy Waters)

Other parties

Numerous

Description

Appeal against council’s decision to grant resource consent for the St Mary’s Bay and Masefield Beach Water Quality Improvement Project.

Iwi comments

Iwi submitted in support of the application and have joined the appeals as a section 274 party in support of the Council’s decision.

Status

The Environment Court has set down mediation in weeks 18 and 25 February 2019. Environment Court mediations held on 18 and 25 February 2019 to clarify issues and discuss and amend conditions of consent. Parties are to file a joint memorandum by 1 March 2019 setting out a timetable for a hearing in June.

Appeal by NEIL and its section 274 notices to the appeals listed above withdrawn on 25 February 2019. Late applications by Watercare and Mr. and Ms. Henry to join as a section 274 party granted by the judge at the judicial conference held on 29 March 2019. Mediations held on 18 and 25 February.  Parties are still in discussions with a reporting date to be agreed and approved by the Court. Henry Appeal is now withdrawn. Parties have requested a reporting date of 12 July 2019 with the court to allow Watercare and parties to seek independent review of proposed stormwater pipe. Further reporting date of 23 August requested by the applicant.

 

 

Appellants

Ngāi Tai Ki Tāmaki v Auckland Council

 

Te Ākitai O Waiohua, Ngaati Whanaunga, Ngāti Tamaoho, Ngāti Tamaterā, Te Patukirikiri, And Ngāti Maru v Auckland Council

 

Ngāti Whātua Orakei Whaia Maia Limited v Auckland Council

Received

 

 

30 January 2019

 

30 January 2019

 

 

 

 

31 January 2019

References

ENV-2019-AKL-000014

ENV-2019-AKL-000015

ENV-2019-AKL-000016

 

Site address

31 Westhaven Drive, Auckland Central

Other Parties

Ngāti Te Ata

Description

Appeal against the decision of hearing commissioners to grant resource consents for the redevelopment of existing pile moorings within the Westhaven Marina, including land reclamation, installation of new pile berths, a new car park, and a new observation deck and public open space area

Iwi comments

The applications were publicly notified. Submissions from appellant iwi were received, along with other iwi who have not lodged an appeal against these decisions.

Status

ENV-2019-AKL-000014 and ENV-2019-AKL-000015 were withdrawn on 13 January 2019. Mediation scheduled with remaining appellant (Ngāti Whātua Orakei Whaia Maia Limited) and s274 parties on the 29 April 2019. Mediation for 29 April cancelled at the agreement of all parties, appeal will proceed to a hearing, to be held on or after 19 August. A s116 application was made to allow consents to commence while appeal is determined, this was approved by EC on the 27 March 2019. Matter proceeding to hearing, though the appellant is seeking a 2-3-month delay to this process.

 


 

ORAKEI (1 appeal)

 

Appellants

Summerset Villages (St John) Limited v Auckland Council

 

Received

 

 10 August 2018

References

ENV-2018-AKL-000160

Site address

55-57 Ripon Crescent, Meadowbank

Applicant

Summerset Villages (St John) Limited

Other parties

Andrew and Jeanette Hayes and others

Description

An appeal against a decision to refuse an application to construct and operate a retirement village consisting of 7 buildings with 344 residential units at 55-57 Ripon Cres, Meadowbank

Iwi comments

The resource consent application was publicly notified and determined by commissioners in accordance with the RMA. Involved stormwater discharge and removal of SEA. CIA provided by Ngai Tai ki Tamaki.

Status

Council directed to report back to the Court by 24 September 2018 on progress regarding any negotiation/mediation. Awaiting further directions from the Court and confirmation of a mediation date. The appellant has requested further time to consider possible design revisions. The Court required the appellant to report back on 30th November as to progress before scheduling mediation. Court-assisted mediated is scheduled for 27 February 2019. No settlement reached at mediation. The matter is to proceed to a hearing. The timetable for evidence exchange has not yet been set. The Court issued a Minute on 20 March 2019 confirming the timetable for evidence exchange. A 5 day fixture will be allocated after 5 August 2019. Council’s evidence in chief was filed with the Court on 4 June 2019. Expert conferencing scheduled for the week beginning 1 July. Hearing scheduled to commence on 9th September 2019.

 


 

HOWICK (1 appeal)

 

Appellant

508 Chapel Road Partnership Trust

Received

 16 October 2018

References

ENV-2018-AKL 000281

Council – LUC60292090

Site address

508 Chapel Road Flat Bush

Applicant

508 Chapel Road Partnership Trust

Other Parties

W & B Smith, C Yang, M Muthu and T Mahesh

Description

-               Appeal by applicant against  a decision refusing consent to establish a childcare centre accommodating 60 children and eight full-time staff at 508 Chapel Road, Flat Bush, Auckland

Iwi comments

No iwi issues. The application was considered in accordance with the RMA.

Status

The Court has asked parties to confirm a list of issues unresolved between the parties, witnesses, timetabling and whether they agree to Court assisted mediation by 30 November 2018. The applicant was declined in regard to adverse neighbourhood character and residential amenity effects arising from the traffic access arrangements. Proceeded to mediation on 15 February 2019. Discussion primarily around traffic matters and alternatives. No settlement reached.  Caucusing and evidence exchange proceeding during April to June. Evidence form applicant received. Evidence by council witnesses prepared.

 

PAPAKURA – Local Board Area (1 Appeal)

 

Appellant

Wallace Group Limited, BJ Wallace Trust and SJ Wallace Trust

Received

14 March 2019

References

ENV-2019-AKL 000043

-               Council – LUC60311805, DIS60303201, DIS60303159

Site address

3 Popes Road, Takanini

Applicant

Alpha Dairy Limited

Other parties

-               Spark NZ Ltd

Description

-               An appeal against a decision to grant consents for the construction, operation and maintenance of a new dairy processing facility for the production of infant formula on a Business- Light Industry Zone site with an area of 22,372m2.  The consent was publicly notified, with 4 submissions in opposition received.

Iwi comments

No iwi group indicated a need for a cultural impact assessment and no submissions were received from iwi. The commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA

Status

Mediation set down for 28 May has since been vacated.  High Court proceedings on related matters scheduled for October 2019.

 


 

FRANKLIN – Local Board Area (4 Appeals)

 

Appellant

Jacks Ridge Limited

Received

24 April 2019

References

ENV-2019-AKL 00067

-               LUC60322216

Site address

76 Kimptons Road, Brookby

Applicant

Jacks Ridge Limited

Other parties

-               Non-notified application.

Description

An appeal against a decision on an application to refuse consent to construct four commercial storage buildings. The consent proceeded without notification being found that the environmental effects are not more than minor however then refused as being contrary to the objectives and policies for the Rural - Mixed Rural Zone. The decision expresses concerns as to the nature, purpose and scale of the non-residential activity and being not associated with rural production. 

Iwi comments

No iwi group indicated a need for a cultural impact assessment. The commissioner considered the application in accordance with the requirements of the RMA 1991 and Part 2 of the RMA.

Status

Recently lodged and likely to proceed to mediation in the coming month. The matter proceeded to mediation on 4 June 2019. The parties continue to proceed towards a possible consent order on the bases of a revised proposal.  

 

Appellant

Clevedon North Limited

Received

22 February 2019

References

ENV-2019-AKL 000029

-               Council – (BUN60303009) LUC60303381, SUB60303384, DIS60303387

Site address

52 North Road, Clevedon

Applicant

Clevedon North Limited

Other parties

-               Numerous 274 parties have joined.

Description

An appeal against a decision on an application for subdivision and land use consents to subdivide a 9.04ha site into 68 residential lots.  Associated earthworks, new roading and infrastructure. The consent was publically notified, with 43 submissions in opposition received.

Iwi comments

No iwi group indicated a need for a cultural impact assessment and no submissions were received from iwi. The commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA

Status

The appeal proceeded to mediation on 30 May 2019. The parties remain open to exploring alternative designs that may be the subject of a second mediation. A revised design was the bases of a second mediation on 25 June and an agreement in principal was reached. The parties continue to work towards agreement on a finalised design and conditions of consent. A consent order is circulating in terms of the revised proposal.

 

 

 

Appellant

Signature Building Ltd

Received

22 January 2019

References

ENV-2019-AKL 000009

Council – LUC60313362

Site address

17A Bell Road, Beachlands

Applicant

Signature Building Ltd

Other parties

-               Beachlands Neighbourhood Voice Inc.

Description

Appeal by the applicant against the Council decision to decline consent to establish a childcare facility for 105 children and 17 staff.  The consent was publicly notified, with 83 submissions received (82 in opposition)

Iwi comments

No iwi group indicated a need for a cultural impact assessment and no submissions were received from iwi. The commissioners considered the application in accordance with the requirements of the RMA 1991 and in particular Part 2 of the RMA

Status

Mediation held 29 March.  No agreement reached at mediation however parties have agreed to attend further mediation in May. A revised proposal was the subject of a second mediation on 15 May 2019. Agreement was not reached and the matter is to be timetabled for evidence exchange and hearing.  Hearing scheduled for December 2019, with caucusing and evidence exchange to occur Aug – Nov.

 

 

Appellant

Ahuareka Trustees (No. 2) Ltd

Received

19 November 2015

References

ENV-2015-AKL-000147

Council – 42081

Site address

650-680 Whitford Maraetai Road, Whitford

Other parties

Whitford Residents and Ratepayers Association

Description

Appeal against Council’s decision to refuse consent to establish a hamlet of 186 households and ancillary buildings, a country pub and restaurant, retail and commercial units and carpark in the Whitford Rural B zone.

Iwi comments

No iwi submissions

Status

Appeal reported to the Committee in December 2015.  Mediation held 11 February 2016. Appeal reported to the Regulatory Committee on 1 December 2016. Evidence exchange occurred in February/March 2017. Judicial teleconference held 30 March. Court hearing proceeded within the week 3 July 2017, with the applicants reply to be filed in writing. Decision of the Court received 15 December 2017 – appeal declined. Significant policy-based decision supporting provisions of AUP (OP). Court costs being sought, otherwise appeal matters complete.  The Environment Court decision since appealed by the appellant to the High Court on 26 January 2018.  A case management conference is scheduled for 6 March.  Council filed its submissions on 31 August and a hearing has been set for 9 October 2018. The appellant’s lawyer requested a deferral for health reasons, which was agreed to.  The hearing will now not be held until early 2019.  High Court hearing held 9 May 2019 and awaiting decision.

 

 

 

 

 

                        Regionwide – All Local Board Areas (3 Appeals)

           

 

Appellants

Royal Forrest and Bird Protection Society of NZ Inc. v Auckland Council

Housing New Zealand Corporation v Auckland Council

Herne Bay Residents Association Inc.& The St Mary’s Bay Association Inc.

           

Received

 

10 May 2019

 

10 May 2019

 

15 May 2019

 

 

References

ENV 2019 AKL 000082

ENV 2019 AKL 000081

ENV 2019 AKL 000086

Site address

Regionwide

Applicant

Auckland Council (Healthy Waters)

Other parties

Numerous section 274 notices received

Description

Appeals against council’s decision to grant resource consent for the discharges of stormwater from existing and future urban landuses that will enter Council’s stormwater network; and discharges of stormwater from the Council’s stormwater network to the environment.

Iwi comments

Mr. Tame Te Rangi made submissions on behalf of Te Mana Whenua Katiaki Forum which has membership from each of the 19 mana whenua entities with interests in the Auckland Council area and supported the application. There were other submissions from iwi including submission lodged by Ngati Tamaoho initially opposed the application but supported it at the hearing based on conditions recommended by the applicant.

Status

The section 274 party notice timeframe closed at end of May 2019.  Waiting for the Environment Court directions on the appeals and a mediation date. Environment Court has advised of the mediation dates which are set down for 5 and 21 August 2019.

 


Regulatory Committee

08 August 2019

 

Summary of Regulatory Committee information memoranda and briefings - 8 August 2019 including the Forward Work Programme

File No.: CP2019/12630

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the progress on the forward work programme and receive information circulated to the Committee.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/briefings or other means, where no decisions are required.

3.       The following information has been circulated to members:

Date

Subject

23/7/19

Reply from Minister of Local Government re Request for Amendments to Alcohol Ban Provisions in the Local Government Act 2002

 

4.       This document 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/Te hui “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 the items referred to in this summary.  Committee members should direct any questions to the authors.

 

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      note the progress on the forward work programme appended at Attachment A of the agenda report

b)      receive the Regulatory Committee Summary of Information for 8 August 2019.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

39

b

Reply from the Hon Nanaia Mahuta on changes to alcohol ban legislation

45

     

Ngā kaihaina

Signatories

Author

Andrew Gray - Governance Advisor  

Authoriser

Craig Hobbs - Director Regulatory Services

 


Regulatory Committee

08 August 2019

 

 

REGULATORY COMMITTEE FORWARD WORK PROGRAMME 2019 / 2020

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

FY18/19

FY19/20

Apr – Jun

11 April

9 May

13 June

Jul – Sep

11 July

8 Aug

12 Sept

Oct – Dec

 

Jan - 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

 

Progress to Date:

Report 4/10/18 2017/2018 Animal Management Annual Report prepared pursuant to s10A of the Dog Control Act 1996 REG/2018/70

Within current baselines.

Q4

Q1

Q2

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.

 

Q4

Q1

Q2

Q3

Solid Waste Bylaw review

Legislative requirement to review the bylaw and policy after five years.

 

Key milestones:

Sept-Dec 2018 - research and engagement

Feb 2019 – findings report to Regulatory Committee

March 2019 – options report to Regulatory Committee

April 2019 – proposed bylaw

June 2019 – public feedback

July 2019 – panel deliberation

By August 2019 – Governing Body to adopt bylaw

Receive report following the completion of the bylaw review.

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.

 

Progress to date:

14/2/19 - report to endorse the findings of the Solid Waste Bylaw 2012 review and request a report on options that responds to the findings REG/2019/7

14/3/19 – a report to request a statement of proposal that makes a new bylaw REG/2019/12

14/3/19 – a report to determine outcome of review and decide whether to make changes REG/2019/12

 

Q4

Q1

Q2

Q3

Alcohol Control Bylaw review

Legislative requirement to review the bylaw and policy after five years.

Next steps

·    Staff to prepare a statement of proposal

·    Report back in early 2020

Receive report following the completion of the bylaw review.

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.

 

Progress to date:

9/5/19 report to provide an update on the Alcohol Control Bylaw review 2019 options for any changes REG/2018/18

 

Q4

Q1

Q2

Q3

Alcohol Fees Bylaw 2019

Development of an alcohol fees bylaw

Recommendation around development of bylaw.

If accepted

Receive report following the completion of the bylaw review.

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.

 

Progress to Date:

Report 11/4/19 on development and decision to delay REG/2019/22

 

Q4

Q1

Q2

Q3

Cemeteries and Crematoria Bylaw 2014 Review

Legislative requirement to review the bylaw and policy after five years.

 

Receive report following the completion of the bylaw review.

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.

 

Progress to Date:

Report 11/4/19 and request and options report REG/2019/20

Options report 9/5/19 and decision on option REG/2019/27

 

Q4

Q1

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.

Receive updates

 

Progress to date:

8/2/18  report to provide an update on the proactive boarding houses inspection programme REG/2018/5

An update on the initiative was provided at the 15/6/18 meeting item 12   resolution REG/2017/51  item 12 update on boarding house inspections item 11

 

Q4

Q1

Q2

Q3

Resource Consents Appeal Update

To provide oversight of the appeals received to resource consent decisions.

Information purposes

Monthly updates – Memo

 

Progress to Date:

Report 14/2/19 received REG/2019/8

Report 14/3/19 received REG/2019/14

Report 11/4/19 received REG/2019/23

Report 9/5/19 received REG/2019/30

Report 13/6/19 received REG/2019/35

Report 11/7/19 received REG/2019/42

 

Q4

Q1

Q2

Q3

The Regulatory Committee Policy

Reporting on and monitoring of commissioner appointments

Information purposes

Memo quarterly

 

Q4

Q1

Q2

Q3

The Regulatory Committee Policy

Annual review of commissioner pool

Decision: review RMA commissioner pool

 

Q4

Q1

Q2

Q3

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 updates

 

Progress to Date:

Report 13/6/19 Compliance work with taverns hosting pokie machines REG/2019/34

 

 

Q4

Q1

Q2

Q3

 


 

COMPLETED

Area of work

Governing Body role

(decision or direction)

Detailed Decisions

Freedom camping

Receive options report following the completion of the research and pilot. (July 2017)

If a regulatory response is required then the committee will:

·    Recommend statement of proposal to Governing Body. 

·    Establish the hearings panel for deliberations on submissions.

·    Recommend final draft of bylaw to governing body for adoption.

An overview programme was presented on 10/08/17 Item 9   REG/2017/72  resolution REG/2017/72 SCP process

9/8/18  report to provide a presentation updating the development of a bylaw under the Freedom Camping Act 2011 REG/2018/58

13/9/18  - report to seek direction on the content of the statement of proposal for the management of freedom camping REG/2018/64

8/11/2018 - report to recommend that the Governing Body adopt the freedom camping in vehicles statement of proposal and draft bylaw for public engagement and appoint a panel to consider feedback, deliberate and make recommendations REG/2018/77

Dog management Bylaw and Policy on Dogs.

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.

14/6/18 - 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 REG/2018/44

8/11/18 - A report To seek approval for amendments to the Auckland Council Policy on Dogs 2012 and the Dog Management Bylaw 2012 REG/2018/79

14/2/19 – a report to recommend to the Governing Body that it adopt the Auckland Councils New Policy on Dogs and dog Management Bylaw 2019 Statement of proposal REG/2019/6

 



Regulatory Committee

08 August 2019

 

PDF Creator