Report Plans of Regulatory Committee - Tuesday, 17 November 2020

Regulatory Committee

17 November 2020

Kōmiti Whakahaere ā-Ture / Regulatory Committee
Forward Work Programme 2020

This committee deals with regulatory hearings, appointing independent commissioners and for the development of regulatory policy and bylaws.

The full terms of reference can be found here.

Area of work and Lead Department	Reason for work	Committee role (decision and/or direction)	Expected timeframes Highlight the month(s) this is expected to come to committee in 2020
Area of work and Lead Department	Reason for work	Committee role (decision and/or direction)	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec
Alcohol Licensing Licensing & Regulatory Compliance	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 30 June 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
Animal Management Licensing & Regulatory Compliance	Report on Animal Management activities for the year ending August/Sept 2020 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 2019/2020 report to the Secretary of Local Government Progress to Date: Adopt the 2019/2020 Animal Management Annual Report Link to decision Link to 2019/2020 Animal Management Annual Report										ü
Boarding Houses Inspection Licensing and Compliance Services	Update on the Auckland proactive boarding houses inspections programme. Increase inspections from one to a minimum of three per year.	Update: memo to Regulatory Committee and the Parks, Arts, Community and Events Committee
Earthquake Prone, Dangerous & Insanitary Buildings Policy 2011 -2016 Review Building Consents	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: on the progress made in implementing Auckland Council’s regulatory obligations with regard to earthquake-prone buildings within its jurisdiction. Progress to Date: Approve submission 28 July 2020 Link to decision							ü
BYLAWS
Alcohol Control Bylaw review Community & Social Policy	This Bylaw provides the structure for creating alcohol bans. Individual boards use it to make decisions about local bans. Council has a statutory obligation to review this Bylaw under the Local Government Act 2002.	Recommend a Statement of Proposal to the Governing Body to amend bylaw. Appoint Bylaw Panel to make recommendations to the Governing Body on the proposal after hearing and deliberating on public feedback and local board input. Development of proposal to amend bylaw to commence in February 2020. Progress to Date: Finding Report 11 April 2019 Link to decision Options Report 9 May 2019 Link to decision Recommendation for Statement of Proposal 1 September 2020 Link to decision									ü
Animal management Bylaw Review Community and Social Policy	This Bylaw promotes responsible animal ownership, including minimising impact on neighbours, the public and preventing damage.	Decision on whether a bylaw still needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw (findings and options reports). Progress to Date: Findings Report 17 March 2020 Link to decision			ü
Bylaw Review 2020-22 initiation Community and Social Policy	Initiation of new bylaw reviews. Includes ‘Local Board Involvement in Regional Policy, Plans and Bylaws - Agreed Principles and Processes 2019’ Council has a statutory obligation to periodically review its bylaws.	Decision on the initiation of bylaw reviews that must be completed by October 2022. Report will for each bylaw: · set out scope · legislative constraints/enablers (if any) · relevance to LBs · proposed process (including LB involvement) · key timeframes · public consultation approach whether a joint working group for early bylaw/policy development is proposed and initiate appointment process if necessary. Progress to Date: Initiation Report 18 February 2020 Link to decision		ü
Cemeteries Bylaw Review Community and Social Policy	This Bylaw and code of practice protects health and safety and minimises potential offensive behaviour. Council has a statutory obligation to review this Bylaw under the Local Government Act 2002.	Recommend a Statement of Proposal to the Governing Body to amend bylaw. Appoint Bylaw Panel to make recommendations to the Governing Body on the proposal after hearing and deliberating on public feedback and local board input. Development of proposal to amend bylaw to commence in February 2020. Progress to Date: Options Report 9 April 2019 Link to decision Direction Report 9 May 2019 Link to decision Proposal to amend 1 September 2020 Link to decision									ü
Freedom Camping Community and Social Policy	This Bylaw replaces legacy requirements to manage freedom camping in vehicles, under the Freedom Camping Act. The legacy bylaws expiry on 29 October 2022.	Decision on options to progress a council approach for a Statement of Proposal on freedom camping in vehicles. Governing Body October 2020										Governing Body
Gambling Policy Reviews Community and Social Policy	The Gambling Act 2003 and the Racing Act 2003 (the Acts) regulate gambling in New Zealand. The Acts require the policies to be reviewed every three years. Auckland Council (Council) first adopted these policies in 2013. Council reviewed them in 2017, found they were generally effective and retained both with no changes The next reviews are due 15 June 2020	Decision: start of the Class 4 Gambling (pokie) Venue Policy and the Racing Board (TAB) Venue Policy reviews in 2020 Progress to Date: start policy reviews 17 March 2020 Link to decision findings review 13 October 2020 Link to decision			ü							ü		October
Navigation Safety Bylaw Review	This Bylaw sets out the rules for all vessels and people using Auckland's waters to ensure their safety. Council has a statutory obligation to review this Bylaw under the Local Government Act 2002.	Decision on whether a bylaw still needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw (findings and options reports). Progress to Date: Findings Report 17 March 2020 Link to decision Options Report 23 June 2020 Link to decision Recommend statement of proposal 13 October 2020 link to decision			ü			ü				ü
Outdoor Fire Safety Bylaw Review Community and Social Policy	This Bylaw applies to a range of outdoor fire activities, including outdoor cooking and heating fires, sky lanterns, traditional cooking fires, open air fires and incinerator fires. This Bylaw expires on 18 December 2021 and must (if necessary) be replaced to avoid a regulatory gap.	Decision on whether a bylaw is still needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw (findings and options reports). Progress to Date: Findings and Options Report 13 October 2020 Link to decision										ü	OCT
Property Maintenance Nuisance Bylaw Review Community and Social Policy	This Bylaw requires private property to be maintained well enough that doesn't create a nuisance or risk health and safety. Council has a statutory obligation to review this Bylaw under the Local Government Act 2002.	Decision on whether a bylaw still needed. Progress to Date: Findings Report 1 September 2020 Link to decision									ü
Signage Bylaw Review Community and Social Policy	This is a joint bylaw with Auckland Transport that regulates promotional signs to ensure public safety and prevent nuisance from poorly maintained or located signage.	Decision on whether a bylaw still needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw (findings and options reports). Progress to Date: Findings Report 23 June 2020 Link to decision Options report 13 October 2020 Link to decision						ü				ü
Stormwater Bylaw Healthy Waters	The primary purpose of the Bylaw is to regulate land drainage including to protect, manage and maintain an efficient and effective public stormwater network, as well as the ensure the maintenance and operation of private stormwater systems.	Decision on whether a bylaw is the most appropriate regulatory tool to protect Auckland’s stormwater networks Progress to Date: Findings Reports 28 July 2020 Link to decision							ü
Trading and Events Bylaw Review Community and Social Policy	This Bylaw regulates businesses and events that use public spaces to make sure everyone can use them fairly and safely. This Bylaw expires on 22 February 2022 and must (if necessary) be replaced to avoid a regulatory gap.	Decision on whether a bylaw is still needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw (findings and options reports).(Options Report 2021 1^st Quarter) Progress to Date: Findings Report 13 October 2020 Link to decision										ü
Traffic Bylaw Review Community and Social Policy	This Bylaw regulates the use of vehicles on council-controlled land that is not part of the Auckland transport system, like parks and beaches. This Bylaw expires on 25 June 2022 and must (if necessary) be replaced to avoid a regulatory gap.	Decision on whether a bylaw still needed. Project scoping to commence December 2019. Updated to commence 1 July 2021
Water Supply and Wastewater Network Bylaw 2015 Watercare	This bylaw protects Auckland’s water sources, water supply and wastewater networks from damage, misuse and interference. This 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	Decision on whether a bylaw is still need and whether any changes should be made and to confirm, amend, replace or revoke the bylaw (findings and options reports). Due to COVID-19 the findings report went the Emergency Committee in May Progress to Date: Findings Report 28 May 2020 Link to decision Review Options 23 June 2020 Link to decision					Emergency Committee	ü

Resource Consents Appeal Update Resource Consents	To provide oversight of the appeals received to resource consent decisions.	Information purposes Monthly updates		ü	ü	Cancelled	Cancelled	ü	ü	No meeting	ü	ü
The Regulatory Committee Policy Democracy Services	The Policy incorporates the operational policy and sub delegations for the decision-making responsibilities that lie within the areas of the committee’s responsibilities. Review District Licensing Committee (DLC) and Independent Resource Management Act (RMA) commissioner pools.	Decision: adopt the updated Regulatory Committee Policy Decision: approve the appointment of the District Licensing Committee and the selection process and appointments of independent resource management commissioners for 2021 to 2024. Progress to Date: Recruitment process for DLC Commissioners 12 November 2019 Link to decision April 2020, due to COVID19 appointment of District Licensing Committee went go to Emergency Committee Appointment of DLC Committee 30 April 2020 Link to decision Approval to commence recruitment RMA Commissioners 23 June 2020 Link to decision Adoption of policy 28 July 2020 Link to decision Recommendation for the appointment of independent hearings commissioners Link to decision				Emergency Committee	Cancelled		ü			ü
The Regulatory Services Directorate Director Regulatory Services	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 · transformation activity update · building consents and control · resource consents and regulatory engineering	For information only: 6 monthly updates

Completed

Lead Department	Area of work	Committee role (decision and/or direction)	Decision
Community and Social Policy	Food Bylaw Review	Appoint Bylaw Panel Decision on bylaw - Due COVID-19 the decision went to the Governing Body	Adoption 30 April 2020 Link to decision