Kōmiti Whakahaere ā-Ture

Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held via Skype for Business on Tuesday, 1 September 2020 at 10.00am.

present

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

Presiding from 10.45am to 11.11am, Item 11

Members

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Shane Henderson

 

 

Cr Sharon Stewart, QSM

Connectivity issues

 

IMSB Chair David Taipari

Until 12.03pm, Item 14

 

IMSB Member Glenn Wilcox

 

 

Cr Paul Young

 

 

 

ABSENT

 

Members

Mayor Phil Goff, CNZM, JP

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

 

 

 

Note:   All members attended the meeting via electronic link

 

 

 


Regulatory Committee

01 September 2020

 

 

 

Note:   a roll-call was conducted that ascertained the following councillors were in attendance by electronic link at the commencement of the meeting:

 

Cr J Bartley

ü

IMSB Chair D Taipari

ü

Cr C Casey

ü

Cr S Stewart

 

Cr E Collins

ü

Cr P Young

ü

Cr S Henderson

ü

IMSB Member G Wilcox

ü

 

 

1          Apologies

 

Resolution number REG/2020/48

MOVED by Cr L Cooper, seconded by Cr P Young:  

That the Regulatory Committee:

a)         accept the apologies from Mayor P Goff and Cr D Newman for absence.

CARRIED ON VOICES

 

 

2          Declaration of Interest

 

Chairperson Cr L Cooper declared an interest in Item 11: Request by the Lion Foundation 2008 Ltd that the Committee grant an exception to the council’s Class 4 Gambling (Pokie) Venue Policy.

 

Cr S Henderson declared an interest in Item 11: Request by the Lion Foundation 2008 Ltd that the Committee grant an exception to the council’s Class 4 Gambling (Pokie) Venue Policy.

 

 

3          Confirmation of Minutes

 

Resolution number REG/2020/49

MOVED by Cr L Cooper, seconded by Cr P Young:  

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 28 July 2020, as a true and correct record.

CARRIED ON VOICES

 

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

Item - 5.1 Problem Gambling Foundation Group - Graham Aitken was deferred to after Item 8 Property Maintenance and Nuisance Bylaw: 2020 Review Findings with the agreement of the meeting.

 

 

6          Local Board Input

 

There was no local board input.

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

8

Property Maintenance and Nuisance Bylaw: 2020 Review Findings

 

Resolution number REG/2020/50

MOVED by Cr L Cooper, seconded by Cr E Collins:  

That the Regulatory Committee:

a)      endorse the property maintenance and nuisance findings in Attachment A of the agenda report.

b)      agree that the statutory review of the Property Maintenance and Nuisance Bylaw 2015, is complete including that:

i)     a bylaw is still the most appropriate way to manage specific activities and behaviour on private property that may cause a public health risk or public nuisance

ii)    the current Bylaw does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990

iii)   the current bylaw structure and wording could be improved.

c)      request that staff as delegated by the Chief Executive prepare an options report in response to the findings in Attachment A of the agenda report.

CARRIED ON VOICES

 

 

5

Public Input

 

5.1

Problem Gambling Foundation Group - Graham Aitken

 

Resolution number REG/2020/51

MOVED by Cr C Casey, seconded by Cr E Collins:  

That the Regulatory Committee:

a)         receive public input from Graham Aitken from the Problem Gambling Foundation Group in relation to Item 11: Request by the Lion Foundation 2008 Ltd that the committee grant an exception to the council’s Class 4 and thank him for his attendance.

CARRIED ON VOICES

 


 

 

9

Proposal to amend the Alcohol Control Bylaw 2014

 

Note:   changes to the original motion were incorporated under clause e) with the agreement of the meeting.

 

Resolution number REG/2020/52

MOVED by Cr J Bartley, seconded by Cr C Casey:  

That the Regulatory Committee:

a)      note that this committee completed the review of the Alcohol Control Bylaw 2014 in April 2019 and determined that a bylaw about the consumption or possession of alcohol in public places is still the most appropriate way to address crime or disorder in certain public places caused or made worse by alcohol consumed there.

b)      recommend the Governing Body adopt the statement of proposal in Attachment A of this agenda report for public consultation, and confirm that the proposed amended Alcohol Control Bylaw 2014:

i)    is the most appropriate form of bylaw

ii)   does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c)      recommend the Governing Body forward to the Independent Māori Statutory Board the statement of proposal in clause b) for their advice.

d)      recommend the Governing Body forward to local boards this agenda report and attachments for their information.

e)      appoint Deputy Chairperson Cr Josephine Bartley, Cr Cathy Casey and Independent Māori Statutory Board Member Glenn Wilcox to attend ‘Have Your Say’ events and to deliberate and make recommendations to the Governing Body on public feedback to the statement of proposal in clause b).

f)       delegate authority to the Regulatory Committee chairperson to make replacement appointments to the bylaw panel if a panel member is unavailable.

g)      delegate authority through the Chief Executive to a manager responsible for bylaws:

i)    to appoint staff to receive public feedback at ‘Have Your Say’ events

ii)   to make any amendments to the proposal in clause b) to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

CARRIED ON VOICES

 


 

 

10

Proposal to amend the Cemeteries and Crematoria Bylaw 2014

 

Note:   changes to the original motion were incorporated under clause e) with the agreement of the meeting.

 

Resolution number REG/2020/53

MOVED by Cr L Cooper, seconded by Cr P Young:  

That the Regulatory Committee:

a)      note that this committee determined in April 2019 that a bylaw about council cemeteries and crematoria is still the most appropriate way to manage activities that may cause public safety hazards, damage to property, and unnecessary distress to mourners or relatives.

b)      recommend the Governing Body adopt the statement of proposal in Attachment A of this agenda report for public consultation, and confirm that the proposed amended Cemeteries and Crematoria Bylaw 2014:

i)    is the most appropriate form of bylaw

ii)   does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c)      recommend the Governing Body forward to the Independent Māori Statutory Board the proposal in clause b) for their advice.

d)      recommend the Governing Body forward to local boards this agenda report and attachment for their information.

e)      appoint Chairperson Cr Linda Cooper, Cr Efeso Collins and Independent Māori Statutory Board Member Glenn Wilcox to attend ‘Have Your Say’ events and to deliberate and make recommendations to the Governing Body on public feedback to the proposal in clause b).

f)       delegate authority to the Regulatory Committee chairperson to make replacement appointments to the bylaw panel if a panel member is unavailable.

g)      delegate authority through the Chief Executive to a manager responsible for bylaws:

i)    to appoint staff to receive public feedback at ‘Have Your Say’ events

ii)   to make any amendments to the proposal in clause b) to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

CARRIED ON VOICES

 

 

11

Request by the Lion Foundation 2008 Ltd that the Committee grant an exception to the council’s Class 4 Gambling (Pokie) Venue Policy

 

Cr S Henderson declared an interest in this item and took no part in the discussion or voting on the matter.  Cr S Henderson left the meeting at 10.45am.

Chairperson Cr L Cooper declared an interest in this item and took no part in the discussion or voting on the matter.

The Chairperson, Cr L Cooper vacated the chair in favour of the Deputy Chairperson, Cr J Bartley and left the meeting at 10.45am

Cr J Bartley assumed the chair.

 

Supplementary information was tabled by the Lion Foundation 2008 Ltd in support of their request for an exception.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Note:   changes to the original motion were made with the agreement of the meeting.

 

Resolution number REG/2020/54

MOVED by Cr C Casey, seconded by Cr E Collins:  

That the Regulatory Committee:

a)      agree that its response to the application by the Lion Foundation 2008 Ltd is to decline to grant consent for the Lion Foundation 2008 Ltd to establish a new class 4 gambling venue at Unit H, 24 Dunrobin Place, Pakuranga.

CARRIED ON VOICES

 

Cr J Bartley vacated the chair. Cr L Cooper returned to the meeting and resumed the chair at 11.11am.

 

Cr S Henderson returned to the meeting at 11.13am.

 

Attachments

a     1 September 2020 - Regulatory Committee: Item 11 - Request by the Lion Foundation 2008 Ltd that the Committee grant an exception to the council's Class 4 Gambling (Pokie) Venue Policy

 

 

12

Resource Consent Appeals: Status Report 1 September 2020

 

Resolution number REG/2020/55

MOVED by Cr L Cooper, seconded by Cr P Young:  

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 1 September 2020.

CARRIED ON VOICES

 

 

13

Regulatory Committee Forward Work Programme

 

Resolution number REG/2020/56

MOVED by Member G Wilcox, seconded by Cr E Collins:  

That the Regulatory Committee:

a)      approve the Regulatory Committee forward work programme (Attachment A of the agenda report)

CARRIED ON VOICES

 


 

 

The meeting adjourned at 11.16am and reconvened at 11.25am.

 

Note:   a roll-call was conducted that ascertained the following councillors were in attendance by electronic link when the meeting reconvened:

 

Cr J Bartley

ü

IMSB Chair D Taipari

ü

Cr C Casey

ü

Cr S Stewart

 

Cr E Collins

ü

Cr P Young

ü

Cr S Henderson

ü

IMSB Member G Wilcox

ü

 

 

14

Objection to stormwater connection to public manhole located within 73 Park Rise Campbells Bay

 

Mr Jens Richter emailed a document in support of his objection to the stormwater connection to a public manhole located within 73 Park Rise, Campbells Bay.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

IMSB Chair D Taipari retired from the meeting at 12.03pm.

 

The hearing commenced at 11.26am in relation to the objection to a stormwater connection to public manhole located within 73 Park Rise, Campbells Bay.

Mr Peter Lowe, Director – Landworks Consulting on behalf of the applicant Mr Kexin Wang, provided an overview of the application, addressed the committee in support of it and responded to questions from the committee.

Mr James Leddy –affected owner previously of 3 / 73A now owner of 8 / 73A was in attendance, via Skype for business, and spoke to his objection to a stormwater connection to a public manhole located within 73 Park Rise, Campbells Bay and responded to questions from the committee.

Mr Jens Richter – affected owner at 2 / 73A is unable to attend this hearing but has tabled a document in support of his objection, Chairperson Cr Linda Cooper read out Mr Richter’s statement.

Mr Cedric Daniel – Auckland Council’s Senior Development Engineer responded to questions from the committee.

Mr Peter Lowe, Director – Landworks Consulting on behalf of the applicant Mr Kexin Wang, responded to matters raised during the hearing.

 

The hearing concluded at 12.14pm.

 

 

Attachments

a     1 September 2020 - Regulatory Committee: Item 14 Objection to stormwater connection to public manhole located within 73 Park Rise, Campbells Bay - Objection statement Mr Jens Richter

 

 

15        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

16

Procedural motion to exclude the public

 

Resolution number REG/2020/57

MOVED by Cr L Cooper, seconded by Cr P Young:  

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:

 

14        Objection to stormwater connection to public manhole located within 73 Park Rise Campbells Bay

 

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(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

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.

 

CARRIED ON VOICES

 

 

12.16pm          The public was excluded

 

12.29pm          The public were readmitted.


 

 

RESTATEMENTS

 

14

Objection to stormwater connection to public manhole located within 73 Park Rise, Campbells Bay

 

Resolution number REG/2020/58

MOVED by Cr L Cooper, seconded by IMSB Member G Wilcox:  

That the Regulatory Committee:

a)         hear and determine the objections by the owners of 73 Park Rise, Campbells Bay, pursuant to section 460 of the Local Government Act 1974; and

b)         resolve under section 460(1) of the Local Government Act 1974 that the proposed stormwater connection route across 73 Park Rise, is the only practical route as shown on LANDWORKS CONSULTING Ltd engineers drawings P18-59 sheet 400 revision A and sheet 401 revision A.

c)         agree that the matter remain confidential until the conclusion of the hearing and then be restated in the open minutes.

 

 

Noting:

·         The works will comply with Council’s Stormwater Code of Practice and will improve the existing drainage on the development site.

·         The approved route will minimize the extent of construction work required outside the development site.

·         Access to 73 Park Rise will be maintained or enabled at short notice for the duration of the construction works.

·         Services will be located prior to work commencing to prevent damage or disruption.

·         Council is responsible for the works and any reinstatement required.

 

 

 

 

12.29pm                                             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:........................................................