Terms of Reference
Responsibilities
This committee is an ad-hoc
committee of the whole of the Governing Body which is established in times of
emergency. It will assume the functions and power of all governing body
committees (and sub-committees), except for the Audit and Risk Committee, and
its responsibilities include all the responsibilities of the Governing Body
which can legally be delegated as well as the responsibilities of all the
committees it assume the functions and power for.
Powers
(i) All the powers of the
Governing Body which can legally be delegated, except those of the Audit and
Risk Committee.
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.
An apology from
Cr C Fletcher has been received.
2 Declaration
of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
3 Confirmation
of Minutes
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That the Emergency Committee:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 21 May 2020, including the
confidential section, as a true and correct record.
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4 Petitions
At the close of
the agenda no requests to present petitions had been received.
5 Public
Input
Standing Order
7.7 provides for Public Input. Applications to speak must be made to the
Governance Advisor, in writing, no later than one (1) clear working day
prior to the meeting and must include the subject matter. The meeting
Chairperson has the discretion to decline any application that does not meet
the requirements of Standing Orders. A maximum of thirty (30) minutes
is allocated to the period for public input with five (5) minutes
speaking time for each speaker.
At the close of
the agenda no requests for public input had been received.
6 Local
Board Input
Standing Order
6.2 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give one (1) day’s notice of their wish
to speak. The meeting Chairperson has the discretion to decline any
application that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 6.1 to speak to matters on the
agenda.
At the close of
the agenda no requests for local board input had been received.
7 Extraordinary
Business
Section 46A(7)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“An item
that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local
authority by resolution so decides; and
(b) The presiding member
explains at the meeting, at a time when it is open to the public,-
(i) The
reason why the item is not on the agenda; and
(ii) The reason why the
discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A)
of the Local Government Official Information and Meetings Act 1987 (as amended)
states:
“Where an
item is not on the agenda for a meeting,-
(a) That item may be discussed
at that meeting if-
(i) That item is a minor
matter relating to the general business of the local authority; and
(ii) the presiding member
explains at the beginning of the meeting, at a time when it is open to the
public, that the item will be discussed at the meeting; but
(b) no resolution, decision or
recommendation may be made in respect of that item except to refer that item to
a subsequent meeting of the local authority for further discussion.”
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Emergency
Committee
28 May 2020
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Review findings of the Water Supply and
Wastewater Network Bylaw 2015
File No.: CP2020/04197
Te take mō te
pūrongo
Purpose of the report
1. To
agree that the review of the Ture ā Rohe Whakarato Wai me
te Pae Kōtuitui Wai Para 2015, Water Supply and Wastewater Network
Bylaw 2015, is complete and request an options report that responds to the
findings.
Whakarāpopototanga matua
Executive summary
2. Watercare
staff have prepared a findings report (Attachment A) to enable the Council to
complete the review of the Auckland Council Water Supply and Wastewater Network
Bylaw (the Bylaw). Key findings from the review include:
· Auckland
Council and Watercare have a responsibility to protect Auckland’s water
sources and water and wastewater networks
· interference
with the public water supply and wastewater networks remains significant
· the
Bylaw is still the most appropriate way to manage damage, misuse, interference
(illegal connections) and contamination of water and wastewater networks by
requiring Watercare’s approval to connect to the network, provision of
water use restrictions in a drought and cost recovery from third-party damages
to pipes during construction, for example.
· the
current Bylaw approach could be improved by clarifying definitions, making some
requirements more specific and increase its ability to protect sources and
networks.
· The
current Bylaw does not give rise to any unjustified Bill of Rights
implications.
3. Staff
recommend that the Emergency Committee endorse the findings report, complete
the statutory review and request an options report. Taking this approach will
progress the review and allow consideration of statutory options to confirm,
amend, replace or revoke the Bylaw.
4. If
the findings report is endorsed, there is a low risk that some members of the
infrastructure industry may express concern about suggested improvements,
Watercare’s role or stakeholder engagement to date. This risk is
mitigated by future public consultation on any proposed changes to the Bylaw.
5. If
approved, Watercare staff will develop options that respond to the findings in
this report.
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Ngā tūtohunga
Recommendation/s
That the Emergency Committee:
a) endorse
the “Water Supply and Wastewater Network Bylaw 2015: 2020 Review
Findings Report” in Attachment A of the agenda report.
b) agree
that the statutory review of the Auckland Council Water Supply and Wastewater
Network Bylaw 2015 is complete, including that:
i) a
bylaw is still the most appropriate way to protect Auckland’s water
sources and water supply and wastewater networks from damage, misuse and
interference
ii) the
current Bylaw does not give rise to any implications and is not inconsistent
with the New Zealand Bill of Rights 1990
iii) the
current Bylaw approach to focus on the impacts of behaviours on the public assets
and to rely on customer contracts to address matters related to connections
to the public network is appropriate but could be improved.
c) request
that Watercare staff as delegated by Watercare Chief Executive prepare an
options report in response to the findings in Attachment A of the agenda
report.
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Horopaki
Context
6. The
Governing Body adopted the Ture ā Rohe Whakarato Wai me
te Pae Kōtuitui Wai Para 2015, Auckland Council Water Supply and
Wastewater Network Bylaw 2015 (the Bylaw) on 25 June 2015 (GB/2015/62). The
Bylaw is administered by Watercare Services Limited.
7. The
Bylaw seeks to protect the water supply and wastewater networks by:
· requiring
authorisation from Watercare to connect to or disconnect from the water supply
or wastewater network
· ensuring
appropriate standards for any new infrastructure under Watercare's control
· enabling
Watercare to refuse connections where there is insufficient network capacity
· protecting
the quality of the water supply
· protecting
the water supply and wastewater network from damage
· managing
work near the water supply and wastewater network
· allowing
for restricting the water supply to maintain enough drinking water, in the
event of drought or other emergency
· prohibiting
unauthorised taking of water from a hydrant
· managing
inflows and illegal dumping of material into the wastewater network to avoid
wastewater overflows.
8. The
Bylaw is aligned with the strategic directions in the Auckland Plan 2050 to “improve the education, health and safety of Aucklanders,
with a focus on those most in need” and to “grow a business
friendly and well-functioning city”.
9. The
Bylaw is one part of a wider regulatory framework. Issues related to access to
private property are addressed under the Local Government Act 2002 while those
related to the compliance with water quality are addressed under the Health Act
1956.
10. In addition, uniquely to Auckland, Watercare has a contractual
relationship with its customers. This enables the Bylaw to focus on matters
relating to the impact of household and businesses’ behaviours on the
public assets, while the customer contract addresses the rights and obligations
for each customer’s water and wastewater connection.
11. A findings review
of the Bylaw must be completed by 25 June 2020 to determine whether a bylaw is
still necessary, and whether the current Bylaw is well drafted and meets the
requirements of the New Zealand Bill of Rights Act 1990. (Section 160(1) and
(2), Local Government Act 2002).
12. Following the
findings review, the council can consider and propose statutory options to
confirm, amend, replace or revoke the Bylaw using a public consultative
process. (Section 160(3), Local Government Act 2002).
13. If a findings
review is not completed by 25 June 2020, the Bylaw will expire on 25 June 2022 and
council must (if a bylaw is still necessary) make a new bylaw to avoid a
regulatory gap. (Section 160A, Local
Government Act 2002).
Staff prepared a findings report as the first step in reviewing the Bylaw
14. Between October 2019 and March 2020, staff carried out research and engaged
with a range of stakeholders to develop a findings report (Attachment A). This
included:
· ‘Blue
sky thinking’ to identify future trends
· ‘Bylaw
assessment’ to ensure relevance, effectiveness and efficiency of the
Bylaw
· ‘Best
practice analysis to understand how other jurisdictions handle similar matters.
15. Engagement
methodology included:
· update
to the Mana Whenua Kaitiaki Forum followed by a special hui
· communications
with Local Boards and an offer to present at their meetings
· interviews
with the main affected parties, face-to-face and on the phone
· survey
of the largest business water users
· workshops
with internal staff and stakeholders.
Tātaritanga me ngā
tohutohu
Analysis
and advice
There are existing and new issues which still need to be managed
16. The water
supply and wastewater network continues to require protection from damage,
misuse, interference (illegal connections) and contamination. The quality of
drinking water has become a nationwide focus due to contamination of Havelock
North’s water supply.
17. In addition,
Auckland Council needs to be able to impose and enforce water restrictions in
times of drought (as oo 7 May 2020) or other emergencies and seek cost recovery
from damage to pipes and network assets to fund the costs of repair.
18. Up and coming
trends include the rise of community water supply schemes connected to the
public network, the number of construction sites, densification, and
opportunities for wastewater recycling.
The scale of interference with the water and wastewater networks has
increased
19. The scale of
interference with water and wastewater networks has increased due to:
· the
growth of Auckland leading to increasing number of applications for connection,
increasing digging near pipes and increasing cases of damage to pipes.
· rapid
changes in consumption habits such as disposal of wipes in wastewater pipes.
Some improvements to the Bylaw have been suggested
20. Stakeholders
consider the Bylaw to be effective and efficient but suggest improvements which
will be considered as part of an options report. Suggested improvements relate
to:
· access
to obstructed assets
· threats
to integrity of water supply and wastewater networks such as unsafe digging
practices
· provisions
to better address water contamination risk from network interference
· construction
water for newly built or planned developments and construction sites
· monitoring
of water consumption in individual apartments
· Australia
practices for recycled water, drought provisions and decentralised water supply
· Clarity
of certain definitions and clauses, and best practice for bylaw writing.
The Bylaw does not give rise to any unjustified Bill of Rights implications
and is not inconsistent with other legislation, such as Health Act and Local
Government Act
21. Any potential
limitations under the New Zealand Bill of Rights 1990 are justified due to the
nature and potential severity of safety risks to the public.
22. The Bylaw
complements and supports the objectives of the Health Act 1956 and is in line
with the purpose of the Local Government Act 2002 to protect water sources and
water supply and wastewater networks, including making regionally specific
rules.
Staff recommend the Emergency Committee endorse the findings, complete the
statutory review, and request an options report
23. The findings
report establishes that the water supply and wastewater network still need
protecting, and that the current Bylaw is still necessary, appropriate and
useful, but could be improved.
24. Staff
recommend the Emergency Committee endorse the findings in this report, complete
the statutory findings review, and request an options report to consider and
propose statutory options to confirm, amend, replace or revoke the Bylaw.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
25. By limiting
damage to public pipes, the Bylaw reduces the need for concrete pipe repairs
and the amount of carbon embedded in network operations and maintenance.
26. By imposing
water use restrictions in case of an emergency or a drought, the Bylaw enables
Auckland’s water supply for essential needs while addressing a changing
climate such as hotter days and changing rainfall patterns.
27. An options
report in response to the findings will ensure consistency with the Climate
Change Response (Zero Carbon) Amendment Act 2019 and Climate Action Framework.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
28. The Bylaw
impacts the operations of many Watercare teams in charge of the operations and
the planning of water sources and water and wastewater networks. It also
impacts some Auckland Council teams involved in compliance and stormwater
management. Relevant staff provided feedback to the review through face-to-face
meetings and online engagement.
29. Watercare and
Council teams suggest improvements to the Bylaw, enhancing its ability to
protect the water supply and wastewater network.
30. The options
report will take these views into account.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
31. Local Board
members were invited to give feedback on the Bylaw in December 2019. This
included an offer by staff to present workshops to interested local boards at
their meetings.
32. Communication
was received from one local board in relation to wastewater overflows, a matter
unrelated to Bylaw, and already covered by the Resource Management Act 1991.
33. This low
interest in the Bylaw review is consistent with the Auckland Council’s
classification of the Bylaw as low impact and low interest to local boards under
the agreed principles and processes for Local Board Involvement in Regional
Policy, Plans and Bylaws 2019.
Tauākī whakaaweawe
Māori
Māori impact statement
34. The Bylaw can
contribute to the Māori Plan’s key directions and aspirations of
Manaakitanga (Improve Quality of Life "Satisfaction with our environments
and standard of living") and Kaitiakitanga (Ensure Sustainable Futures
"lntergenerational Reciprocity") by ensuring the public water supply
and wastewater network is future proofed and not contaminated or damaged, which
would be detrimental to the people and the natural environment.
35. Input by mana
whenua was sought at a special hui of the Mana Whenua Kaitiaki Forum in January
2020. The main concerns related to environmental issues such as archaeological
sites and clarifications of asset ownership and responsibilities.
36. The options
report will consider these concerns in more detail.
Ngā ritenga
ā-pūtea
Financial implications
37. The cost of
the Bylaw review and its implementation will be met within existing budgets.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
38. There is a
low risk that some members of the infrastructure industry may express concern
about suggested improvements to the Bylaw, Watercare’s role or
stakeholder engagement.
39. This risk is
mitigated by future public consultation on any proposed changes to the Bylaw.
Ngā koringa ā-muri
Next steps
40. If approved,
staff will prepare an options report for the June Regulatory Committee meeting.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Authors
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Roseline Klein - Head of Water Value, Watercare
Mark Bishop - Principal Policy Planner, Watercare
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Authorisers
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Shane Morgan - Chief Operations Officer Watercare
Steve Webster - Chief Infrastructure Officer
Craig Hobbs - Director Regulatory Services
Phil Wilson - Governance Director
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