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Regulatory
Committee
23 June 2020
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1 Apologies
2 Declaration
of Interest
There were no declarations
of interest.
3 Confirmation
of Minutes
4 Petitions
There were no
petitions.
5 Public
Input
Deputy Mayor
BC Cashmore entered the meeting at 10.05 am.
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5.1
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Public Input - Alcohol Healthwatch Trust,
Auckland Regional Public Health Services and Communities Against Alcohol Harm
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Nathan Cowie and Dr Nicki Jackson,
Alcohol Healthwatch Trust
James Yallop and Karen Phu, Auckland
Regional Public Health Services
Trevor Wilson and Grant Hewison, Communities
Against Alcohol Harm addressed the committee.
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PowerPoint presentations were
given. Copies have been placed on the official
minutes and are available on the Auckland Council website as minutes
attachments.
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Resolution
number REG/2020/22
MOVED by Cr L
Cooper, seconded by Cr C Casey:
That the Regulatory Committee:
a)
receive
the presentations from Nathan Cowie and Dr Nicki Jackson - Alcohol
Healthwatch Trust, James Yallop and Karen Phu - Auckland Regional Public
Health Services, Trevor Wilson and Grant Hewison - Communities Against
Alcohol Harm regarding Signage Bylaw 2015 Review, and thank them for their
presentations and attendance.
CARRIED
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Attachments
a 23 June 2020 - Regulatory Committee - Item 5: Public
Input - Alcohol Healthwatch Trust presentation
b 23 June 2020 - Regulatory Committee - Item 5:
Public Input - Auckland Regional Public Health Services presentation
c 23 June 2020 - Regulatory Committee - Item 5:
Public Input - Communities Against Alcohol Harm presentation
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6 Local
Board Input
There was no
local board input.
7 Extraordinary
Business
There was no
extraordinary business.
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8
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Approval to commence recruitment for
independent resource management commissioners for the 2021-2023 term
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Resolution
number REG/2020/23
MOVED by IMSB Chair D Taipari, seconded by Cr J Bartley:
That
the Regulatory Committee:
a) approve the recommended process for recruiting
independent commissioners for 1 January 2021 to 31 December 2023
b) approve two pathways for commissioner
recruitment which use robust assessment processes
c) approve using a selection panel to finalise a
list of recommendations to the Regulatory Committee
d) appoint a selection panel comprising of Councillor
Linda Cooper, and Independent Māori Statutory Board Chair David Taipari
and any two of the following senior staff managers:
i) General Manager Plans and Places (or their delegate)
ii) General
Manager Resource Consents (or their delegate)
iii) General
Manager Democracy Services (or their delegate)
iv) Manager
Public Law (or their delegate)
CARRIED
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9
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Appointment of Hearing Commissioners -
Proposed Plan Change 36 - Open Space (2019) to the Auckland Unitary Plan (Operative
in Part)
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Note: changes to the original motion were incorporated
under clause a) with the agreement of the meeting.
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Resolution
number REG/2020/24
MOVED by IMSB Chair D Taipari, seconded by Cr J Bartley:
That
the Regulatory Committee:
a) appoint at least three independent
commissioners, with expertise in open space, planning, transport and urban
design to hear submissions and make decisions on Proposed Plan Change 36
– Open Space (2019) to the Auckland Unitary Plan (Operative in Part),
as follows:
i) Janine Bell – Chair
ii) John Kirikiri
iii) Ian Munro
b) delegate authority to the chairperson of the
Regulatory Committee to make replacement appointments to the hearing panel in
clause a) in the event that a member of the panel is unavailable.
CARRIED
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10
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Request to Appoint Hearing Commissioners for
Private Plan Change 37 (666 Great South Road, Ellerslie) to the Auckland
Unitary Plan (Operative in Part)
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Note: changes to the original motion were incorporated
under clause a) with the agreement of the meeting.
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Resolution
number REG/2020/25
MOVED by IMSB Chair D Taipari, seconded by Cr L Cooper:
That
the Regulatory Committee:
a) appoint
two independent commissioners, with expertise in planning and transport to
consider submissions and make decisions on Proposed Plan Change 37 to the
Auckland Unitary Plan (Operative in Part), as follows:
i)
Richard Blakey – Chair
ii)
David Mead
b) delegate
authority to the chairperson of the Regulatory Committee to make a
replacement appointment in the event that the appointee in clause a) is
unavailable.
CARRIED
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11
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Auckland Unitary Plan (Operative in Part) -
Appointing hearing commissioners for Plan Change 39 - Change of zoning in
Cadness Loop Reserve area, Northcote
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Note: changes to the original motion were incorporated under
clause a) with the agreement of the meeting.
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Resolution
number REG/2020/26
MOVED by Cr S Stewart, seconded by Cr E Collins:
That
the Regulatory Committee:
a) appoint
one Independent Hearing Commissioner, with expertise in planning, to hear
submissions and make the council’s decision on Plan Change 39 to the
Auckland Unitary Plan (Operative in Part), as follows:
i)
Janine Bell
b) delegate
authority to the chairperson of the Regulatory Committee to make any
replacement appointments to the Hearing Panel (as contained in clauses a)
above) in the event that a member of the hearing panel is unavailable.
CARRIED
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12
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Request to appoint Hearing Commissioners for
Plan Change 40 (Rezoning of land at Clayden Road, Warkworth)
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Note: changes to the original motion were incorporated
under clause a) with the agreement of the meeting.
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Resolution
number REG/2020/27
MOVED by Cr D Newman, seconded by Cr P Young:
That
the Regulatory Committee:
a) appoint three independent commissioners, with
expertise in planning, transport and
stormwater to hear submissions and make decisions on (private)
Plan Change 40 Warkworth – Clayden Road to the Auckland Unitary Plan
(Operative in Part), as follows:
i)
Bill Smith – Chair
ii)
Bridget Gilbert
iii)
Michael Parsonson
b) delegate authority to the chairperson of the
Regulatory Committee to make replacement appointments to the hearing panel in
clause a) in the event that a member of the panel is unavailable.
CARRIED
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13
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Request to appoint Hearing Commissioners for
a joint hearing of Plan Change 42 (Auckland Regional Landfill - Wayby Valley)
and the notified resource consent applications for the Auckland Regional
Landfill
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Note: changes to the original motion were incorporated
under clause a) with the agreement of the meeting.
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Resolution
number REG/2020/28
MOVED by Cr L Cooper, seconded by IMSB Chair D Taipari:
That the Regulatory Committee:
a) appoint up to five independent commissioners,
with knowledge and expertise in planning, Te Ao Maori, water
quality/hydrology, terrestrial and aquatic ecology, and transport to hear submissions and make decisions in a
joint hearing on Plan Change 42 (Private) Auckland Regional Landfill –
Wayby Valley and the notified resource consent applications for the Auckland
Regional Landfill, as follows:
i) Sheena Tepania – Chair
ii) Greg Hill
iii) Hugh Leersynder
iv) David Mead
v) Juliane Chetham
b) delegate authority to the chairperson of the
Regulatory Committee to make replacement appointments to the hearing panel in
clause a) in the event that a member of the panel is unavailable.
CARRIED
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15
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Findings of the Signage Bylaw 2015 Review
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Note: changes to the original motion were incorporated
adding a new clause d) with the agreement of the meeting.
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Resolution
number REG/2020/30
MOVED by Cr E Collins, seconded by Cr C Casey:
That
the Regulatory Committee:
a) endorse
the ‘Auckland Council and Auckland Transport Signage Bylaw 2015: 2020
Review Findings Report’ in Attachment A of the agenda report
b) request
that Auckland Council and Auckland Transport staff, as delegated by their
respective Chief Executive, jointly prepare a high-level options report about
the regulatory framework for managing signs in Auckland, including to:
i) combine
all signage standards into a single bylaw or the Auckland Unitary Plan
ii) combine
signage standards from the Signage Bylaw 2015 and Election Signs Bylaw 2013
into a single bylaw
iii) redistribute
signage standards between the Signage Bylaw 2015 and Auckland Unitary Plan
c) agree
to any request from Auckland Transport to appoint two members of the Auckland
Transport Board to the joint working group established by the Regulatory
Committee in resolution REG/2020/3 to consider statutory options in response
to findings from the review.
d) request the high-level
options report includes an effective option to specifically regulate
signage related to off-licence alcohol stores to reduce community exposure to
alcohol brand and retailer advertising in Auckland.
CARRIED
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16
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Navigation Safety Bylaw 2014 Review Options
Report
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Resolution
number REG/2020/31
MOVED by IMSB Chair D Taipari, seconded by Cr C Casey:
That
the Regulatory Committee:
a) agree
that a new bylaw is the most appropriate way to address navigation safety
issues related to:
i) personal
floatation devices on recreational vessels
ii) general
navigation safety requirements
iii) activities
iv) operating
requirements
v) licenses,
permits and administrative matters
vi) large
vessels
vii) specific
restrictions in lanes, zones and areas
viii) tankers,
hazardous cargoes, hazardous works, fuel oil transfers and dangerous
materials
ix) pilot
and pilot exempt master operations.
b) agree
that a navigation safety bylaw is no longer required
for the issuing of licenses for commercial vessels for hire reward.
c) request
that staff as delegated by the Chief Executive prepare a Statement of
Proposal that:
i) makes
a new navigation safety bylaw
under the Maritime Transport Act 1994
and Local Government Act 2002
ii) cover
the matters detailed in the paragraph 22 table and Appendix 1 of Attachment A
of the agenda report for the topics in (a) of this agenda report.
CARRIED
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17
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Water Supply and Wastewater Network Bylaw
Review options
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Resolution
number REG/2020/32
MOVED by Member G Wilcox, seconded by IMSB Chair D
Taipari:
That
the Regulatory Committee:
a) agree
that improving the current Auckland Council Water Supply and Wastewater
Network Bylaw 2015 by amending it (Option 2) is the most appropriate way
option to respond to the statutory review findings endorsed by the Emergency
Committee on 28 May 2020.
b) request that Watercare staff as delegated by Watercare
Chief Executive prepare a statement of proposal that amends the Auckland
Council Water Supply and Wastewater Network Bylaw 2015 as detailed in
Attachment A for Option 2 (improves the current Bylaw by amending it) of the
agenda report.
CARRIED
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The meeting adjourned at 11.56am until
12.31pm
Cr Dr C Casey and Deputy Mayor B Cashmore
were not present.
Note: The chair accorded precedence to Item 20: Objection
against a Menacing dog classification – Mr Cooke.
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20
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Objection against a Menacing Dog Classification - Mr
Brian Cooke
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Cr Dr C Casey
returned to the meeting at 12.48pm
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The hearing
commenced at 12.25pm in relation to the objection against a menacing dog
classification, pursuant to section 33A of the Dog Control Act 1996.
Mr Brian
Cooke addressed the committee and outlined his reasons for the objection and
responded to questions.
Council staff
addressed the committee and outlined the classification and responded
to questions.
Mr Brian
Cooke was given the opportunity to reply to the matters raised by the council
and provide the committee with your final comments.
The hearing
concluded at 1.03pm.
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19
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s460 LGA report for stormwater and wastewater
connections
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The hearing
commenced at 1.04pm in relation to the objection by the owners of 2 Wakeling
Avenue, Te Atatu South, pursuant to section 460 of the Local Government Act
1974.
Mr Paul Howes
– Manager Regulatory Engineering, North-West provided an overview of
the application and responded to questions from the committee.
Robert
Cawley, Frances Cawley, Lorraine Cawley and Cheryl Martin – the
affected owners of 2 Wakeling Avenue, Te Atatu South addressed the committee
objecting to the proposal and responded to questions.
Mr Andrew
Body and Mr Paul Cully was given the opportunity to reply to the matters
raised by the Robert Cawley, Frances Cawley, Lorraine Cawley and Cheryl
Martin, provide the committee with final comments and respond to questions.
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Note: Item 20 – Objection to a menacing dog
classification – Mr Brian Cooke was considered prior to Item 19 –
s460 LGA report for stormwater and wastewater connections.
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21
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Objection to a menacing dog classification -
Mr Adam Palmer
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Item deferred until July
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22 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
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23 Procedural
motion to exclude the public
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Resolution
number REG/2020/34
MOVED by Cr L Cooper, seconded by Cr E
Collins:
That the Regulatory Committee:
a)
exclude the public
from the following part(s) of the proceedings of this meeting.
b) The
general subject of each matter to be considered while the public is excluded,
the reason for passing this resolution in relation to each matter, and the
specific grounds under section 48(1) of the Local Government Official
Information and Meetings Act 1987 for the passing of this resolution follows.
This
resolution is made in reliance on section 48(1)(a) of the Local Government
Official Information and Meetings Act 1987 and the particular interest or
interests protected by section 6 or section 7 of that Act which would be
prejudiced by the holding of the whole or relevant part of the proceedings of
the meeting in public, as follows:
C1 Appeals to Plan
Change 25 (Private) - Warkworth North
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(g)
- The withholding of the information is necessary to maintain legal
professional privilege.
s7(2)(i)
- The withholding of the information is necessary to enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations).
In
particular, the report contains a recommended change to the council
position on some of the appeals on Plan Change 25 (Private) –
Warkworth North.
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C2 s460 LGA report for stormwater and
wastewater connections
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(i) - The withholding of the
information is necessary to
enable the local authority to
carry on, without prejudice or
disadvantage, negotiations
(including commercial and
industrial negotiations)
In particular, the deliberations
of the decision could
compromise the council in
undertaking without prejudice
negotiations of this objection
pursuant to Section 460 of the
Local Government
Act 1974
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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C3 Objection against a Menacing Dog
Classification - Mr Brian Cooke
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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s7(2)(i) -
The withholding of
the
information is necessary
to enable
the local authority
to carry on,
without prejudice
or disadvantage,
negotiations
(including
commercial and
industrial
negotiations).
In
particular, the
deliberations
of the decision
could
compromise the
council in
undertaking
without
prejudice
negotiations
of this objection
pursuant to
section 33A of
the Dog Control
Act 1996
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s48(1)(a)
The
public conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists
under section 7.
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The
text of these resolutions is made available to the public who are present at
the meeting and form part of the minutes of the meeting.
CARRIED
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2pm The
public was excluded.
Resolutions in
relation to the confidential items are recorded in the confidential section of
these minutes and are not publicly available.
2.30pm The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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C2
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s460 LGA report for Stormwater and
wastewater connections
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Resolution number REG/2020/36
MOVED
by Cr L Cooper, seconded by Cr P Young:
That
the Regulatory Committee:
a) hear
and determine the objections by the owners of 2 Wakeling Avenue (Lot 1 DP
44646), pursuant to section 460 of the Local Government Act 1974.
b) resolve
under section 460(1) of the Local Government Act 1974 that the proposed
stormwater and wastewater connections route across 2 Wakeling Avenue, is the
only practical route as shown on MSC Consulting Group Ltd engineers drawing 39450 sheets
RC400 revision E C400 revision C.
c) agree that
the matter remain confidential until the conclusion of the hearing and then
be restated in the open minutes.
CARRIED
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Reasons:
The applicant
and Council’s Development Engineer confirmed that the proposed route
was the only practical route, being the shortest and least intrusive route
and having regard to the location of existing public infrastructure and the
topography of the site and surrounding properties. The objectors did
not provide evidence to the contrary.
The key issues raised by the
objectors in opposition related to ensuring there was 24 hour access to 2
Wakeling Avenue, given the occupants’ vulnerability due to their age.
The applicant offered to provide alternative access to 2 Wakeling Avenue via
227 Te Atatu Road and the Committee is satisfied that the mitigation offered
by the applicant will address any adverse effects of construction.
The Committee requires that Council
staff ensure the construction period is minimized to the extent possible and
that 24 hour vehicle access is maintained to 2 Wakeling Avenue for the
duration of the works. Alternatively, arrangements could be made to relocate
the objectors during construction at no cost to the objectors.
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C3
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Objection against a menacing dog
classification - Mr Brian Cooke
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Cr E Collins retired from the
meeting at 2.23 pm.
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Note: changes to the original motion were incorporated adding a
new clause b) and c) with the agreement of the meeting.
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Resolution number REG/2020/37
MOVED
by Cr L Cooper, seconded by Cr D Newman:
That
the Regulatory Committee:
a) hear
and determine the objection to the menacing dog classification by Mr Cooke
pursuant to section 33A of the Dog Control Act 1996.
b) note
that the Committee has considered the information provided in the agenda item
and attachments, the evidence presented by Council staff and the evidence
presented by the Objector.
c) dismisses
the objection and upholds the menacing classification on the basis of the
evidence, heard and considered.
d) agree
that the matter remain confidential until the conclusion of the hearing and
then be restated in the open minutes.
CARRIED
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The Regulatory Committee outlined the
reasons for upholding the menacing dog classification:
Registration records – The dog,
Jack, was registered by a previous owner as an American Staffordshire Terrier
which is considered an American Pit Bull Terrier Type. The previous
owner did not object to the menacing classification. Mr Cooke submitted
that the dog is in fact predominantly an American Bulldog which is also
considered an American Pitt Bull Terrier Type.
The Identification checklist – The
American Pit Bull Terrier Type Checklist was used to assess Jack on two
separate occasions by four separate animal management officers. A score
of 46 to 63 on the checklist indicates a dog is an American Pit Bull
Type. Score of 46 or more were recorded in all four assessments.
Mr Cooke submitted that DNA testing is
the only reliable way to determine a type of dog. However, the evidence
presented by animal management officers was that DNA testing does not
establish a type of dog. The Committee preferred the evidence of the
animal management officer and considered the evidence presented by Mr Cooke
failed to establish that Jack was not an American Pit Bull Type.
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2.30pm The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Regulatory Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
