Agenda of Regulatory Committee

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

No.	Title	Page
a ⇩	Current Resource Consent Appeals as at 31 July 2019	21

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 22^nd 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 6^th 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 29^th 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 19^th 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 30^th 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 9^th 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.*

No.	Title	Page
a ⇩	Forward Work Programme	39
b ⇩	Reply from the Hon Nanaia Mahuta on changes to alcohol ban legislation	45

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

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

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

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

Author	Robert Andrews - Principal Specialist Planning
Authoriser	Ian Smallburn - General Manager Resource Consents

Author	Andrew Gray - Governance Advisor
Authoriser	Craig Hobbs - Director Regulatory Services