I hereby give notice that an ordinary meeting of the Regulatory Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 11 May 2021

10.00am

Room 1, Level 26
135 Albert St
Auckland

 

Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Shane Henderson

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

 

 

IMSB Member Glenn Wilcox

 

 

Cr Paul Young

 

Ex-officio

Deputy Mayor Cr Bill Cashmore

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

(Quorum 5 members)

 

 

 

Michelle Judge

Kaitohutohu Mana Whakahaere / Governance Advisor

 

6 May 2021

 

Contact Telephone: 0211950262

Email: michelle.judge@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

Responsibilities

 

The committee is responsible for regulatory hearings (required by relevant legislation) on behalf of the council.   The committee is responsible for appointing independent commissioners to carry out the council’s functions or delegating the appointment power (as set out in the committee’s policy).  The committee is responsible for regulatory policy and bylaws.  Where the committee’s powers are recommendatory, the committee or the appointee will provide recommendations to the relevant decision-maker.

 

The committee’s key responsibilities include:

 

·         decision-making (including through a hearings process) under the Resource Management Act 1991 and related legislation

·         hearing and determining objections under the Dog Control Act 1996

·         decision-making under the Sale and Supply of Alcohol Act 2012

·         hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002 (this cannot be sub-delegated)

·         hearing and determining matters arising under bylaws

·         appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Regulatory Committee

·         deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing

·         monitoring the performance of regulatory decision-making

·         where decisions are appealed or where the committee decides that the council itself should appeal a decision, directing the conduct of any such appeals

·         considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including to Local Boards)

·         recommending bylaws to the Governing Body for consultation and adoption

·         reviewing local board and Auckland water organisation proposed bylaws and making recommendations to the Governing Body

·         appointing panels to hear and deliberate on public feedback related to regulatory policy and bylaw matters

·         deciding regulatory policies that are not otherwise the responsibility of another committee

·         deciding regulatory policies, standards and controls associated with bylaws including those delegated to the former Regulatory and Bylaws Committee, under resolution GB/2012/157 (dogs) and GB/2014/121 (alcohol)

·         receiving local board feedback on bylaw and regulatory policy development and review

·         adopting or amending a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

 

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision-making” is used to encompass a range of decision-making processes including through a hearing.  “Decision-making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates, certificates of compliance, regulatory policy and bylaws and also includes all necessary related decision-making.

 

In adopting a policy or policies and making any sub-delegations, the committee must ensure that it retains oversight of decision-making and that it provides for councillors to be involved in decision-making in appropriate circumstances.


 

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the chief executive’s Delegations Register) to hearings commissioners and staff relating to decision-making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Regulatory Committee.

 

Relevant legislation includes but is not limited to:

 

All Bylaws

Biosecurity Act 1993

Building Act 2004

Dog Control Act 1996

Fencing of Swimming Pools Act 1987

Gambling Act 2003

Health Act 1956

Land Transport Act 1998

Local Government Act 1974

Local Government Act 2002

Local Government (Auckland Council Act) 2009

Maritime Transport Act 1994

Psychoactive Substances Act 2013

Resource Management Act 1991

Sale and Supply of Alcohol Act 2012

Waste Minimisation Act 2008

 

Related Regulations

 

Powers

 

(i)         All powers necessary to perform the committee’s responsibilities.

Except:

(a)        powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)        where the committee’s responsibility is limited to making a recommendation only.

(ii)        Power to establish subcommittees.


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.

 

 


Regulatory Committee

11 May 2021

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Apologies                                                                                                                        9

2          Declaration of Interest                                                                                                   9

3          Confirmation of Minutes                                                                                               9

4          Petitions                                                                                                                          9  

5          Public Input                                                                                                                    9

6          Local Board Input                                                                                                          9

7          Extraordinary Business                                                                                              10

8          Regulatory Services Update                                                                                       11

9          Proposal to amend the Animal Management Bylaw                                                13

10        Proposal to make new Trading, Events and Filming Bylaw                                 107

11        Resource Consents Appeals: Status Report 11 May 2021                                   197

12        Summary of Regulatory Committee Information - updates, memos and briefings - 11 May 2021                                                                                                                     211

13        Consideration of Extraordinary Items

 


1          Apologies

 

An apology from Mayor P Goff 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

 

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 20 April 2021, including the confidential section, as a true and correct record.

 

 

 

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.”

 

 


Regulatory Committee

11 May 2021

 

Regulatory Services Update

File No.: CP2021/04973

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       Provide the Regulatory Committee with an overview and an update on performance, opportunities, and risks of Regulatory Services.

Whakarāpopototanga matua

Executive summary

2.       A powerpoint presentation will be provided by the Director of Regulatory Services and the General Managers of:

·    Building Consents

·    Licensing and Regulatory

·    Operations and Optimisation

·    Resource Consents

·    Regulatory Engineering

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the Regulatory Services overview and update presentation.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Priscilla Balakrishnan - Executive Officer

Authoriser

Craig Hobbs - Director Regulatory Services

 


Regulatory Committee

11 May 2021

 

Proposal to amend the Animal Management Bylaw

File No.: CP2021/02959

 

  

 

Te take mō te pūrongoPurpose of the report

1.       To recommend the Governing Body adopt a proposal to amend the Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe / Auckland Council Animal Management Bylaw 2015 and associated controls for public consultation and appoint a bylaw panel.

Whakarāpopototanga matua

Executive summary

2.       The Regulatory Committee requested amendments to the Animal Management Bylaw 2015 and associated controls in November 2020 (REG/2020/78).

3.       Staff seek a recommendation that the Governing Body adopt the attached Statement of Proposal containing amendments to the Bylaw and controls for public consultation.

4.       The Bylaw continues to enable council to regulate the keeping of animals in order to minimise risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places caused by people interacting with animals. The amendments comply with statutory requirements, are appropriate and not inconsistent with key legislation.

5.       The main amendments:

·     require an approval to keep more than two standard beehives on urban premises with an area less than 2000 square metres (no approval currently required)

·     incorporate rules from another bylaw about the feeding of animals on private property

·     update definitions, format and wording of the Bylaw and controls to make them easier to read and understand.

6.       Local board views were sought in March and April 2021. Most boards with a view supported public consultation on the Statement of Proposal.

7.       There are risks that the proposal does not reflect the views of the public and that a COVID-19 outbreak prevents in-person public consultation. These risks are partly mitigated by the opportunity for public feedback, including online, by phone and to an appointed Bylaw Panel.

8.       Adoption of the Statement of Proposal will start the statutory process to amend the Bylaw including public consultation scheduled for July 2021. A Bylaw Panel will consider any public feedback, deliberate, and make recommendations to the Governing Body in November 2021. A final decision is expected to be made in December 2021.

Ngā tūtohunga

Recommendation/s

That the Regulatory CommitteeRegulatory Committee:

a)      note that this committee completed the review of the Animal Management Bylaw 2015 in March 2020 and determined that a bylaw about animals is still the most appropriate way to address risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places caused by people interacting with animals.

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 Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe / Animal Management Bylaw 2015:

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 (b) for their advice.

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

e)      recommend the Governing Body delegate authority through the Chief Executive to a manager responsible for bylaws the matters in (h)(ii).

f)       appoint a chair and two Bylaw Panel members selected from the Governing Body and the Independent Māori Statutory Board 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 (b).

g)      delegate authority to the Regulatory Committee chairperson to make replacement appointments to the Bylaw Panel if a panel member is unavailable.

h)      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 (b) to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

 

Horopaki

Context

9.       The Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015 (Bylaw) and associated controls (controls) seek to minimise animal-related risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places.

10.     The Bylaw and controls achieve this by specifying rules about animal ownership and interaction and by limiting ownership of specific animals in urban areas.

11.     The rules are administered by council’s Regulatory Compliance team using a graduated approach to compliance.

12.     The Bylaw and controls are one part of a wider regulatory framework. For example, the Animal Products Act 1999 and Animal Welfare Act 1999 provide for animal welfare, Resource Management Act 1991 and Biosecurity Act 1993 protect the environment and the Dog Control Act 1996 provide for the care and control of dogs.

The Regulatory Committee decided to amend the Animal Management Bylaw

13.     The Regulatory Committee requested staff to commence the process to amend the Bylaw and controls on 17 November 2020 (REG/2020/78). This decision followed the completion of a statutory bylaw review under the Local Government Act 2002[1], including consideration of findings and options.

14.     Council must use the special consultative procedure to amend the Bylaw, including to[2]:

·     determine that the amended Bylaw meets legislative criteria

·     adopt a statement of proposal, including the proposed amended Bylaw, for public consultation

·     decide on any Bylaw amendments after having considered public feedback.

Tātaritanga me ngā tohutohu

Analysis and advice

The draft proposal makes improvements to the current bylaw and controls

15.     The Statement of Proposal (Attachment A) implements the committee’s decision to amend the Bylaw and controls to improve the status quo. The table below summarises the main proposed amendments.

Main proposals

Reasons for proposals

Require an approval to keep more than two standard beehives on urban premises with a land area of less than 2000 square metres (no approval currently required).

Alternative beehive limits

Council has heard a range of views about limits on beehives in urban areas and is seeking feedback:

· on allowing more or less beehives without an approval than the proposed two (for example retaining the current no limit)

· on limits for different sized urban premises than the proposed 2000 square metres (for example, requiring approval for any beehive on urban premises less than 600 square metres or in apartments).

·  To minimise bee-related nuisance in areas with growing population density while still allowing for the keeping of bees.

Incorporate rules from another bylaw about the feeding of animals on private property.

·  To streamline rules about animals into a single bylaw as suggested in the review findings of the Property Maintenance and Nuisance Bylaw (REG/2020/50).

Update the Bylaw and controls definitions, structure, format and wording

·  To make the Bylaw and controls easier to read and understand, for example by:

o aligning definitions of ‘nuisance’ and ‘public place’ with the Public Safety and Nuisance Bylaw 2013

o aligning the Bylaw and control structure, format and wording with current drafting practices.

The proposal complies with statutory requirements and current drafting practices

16.     The amended Bylaw has been prepared in accordance with statutory requirements. The amended Bylaw and controls:

·     help minimise risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places

·     use a structure, format and words that are easier to read and understand

·     are authorised by statute, not repugnant to other legislation and not unreasonable

·     do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990.

Staff recommend the committee commence the process to amend the Bylaw and controls

17.     Staff seek the Regulatory Committee recommend to the Governing Body to adopt the attached Statement of Proposal containing an amended Bylaw and controls for public consultation.

18.     The committee is requested to appoint a Bylaw Panel to attend ‘Have Your Say’ events as appropriate, deliberate and make recommendations to the Governing Body on public feedback to the proposal.

19.     It is also recommended that staff be delegated authority to receive public feedback at ‘Have Your Say’ events as appropriate or in case a panel member cannot attend.

Tauākī whakaaweawe āhuarangi

Climate impact statement

20.     There are no impacts for climate change arising from the decisions to this report.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     The proposal impacts council’s Regulatory Compliance team who implement the Bylaw. The unit is aware of the impacts of the proposal and their implementation role.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

22.     The Bylaw is important to local boards as a topic of high community interest. Local boards also have the delegated authority to make conditions about horse riding in public places.

23.     Staff sought the views of all local boards on a draft proposal in March and April 2021. All 21 local boards provided views, most in support of public consultation. A summary of local board views, staff responses and any changes made to the proposal are in Attachment B.

24.     Six local boards suggested changes to the proposed limits on beehive ownership. Suggestions varied by board, with some boards suggesting stricter limits and some boards suggesting less strict limits.

25.     Staff recommend the proposal be amended to indicate the council would consider more or less limits than proposed. Taking this approach will encourage public feedback on alternatives and provide clear scope to the Bylaw Panel to consider changes based on evidence provided in public feedback.

Tauākī whakaaweawe Māori

Māori impact statement

26.     The Bylaw has significance for Māori as kaitiaki of Papatūānuku.

27.     Staff discussed the Bylaw with mana whenua at the Infrastructure and Environmental Services Mana Whenua hui in April 2019. The main view of mana whenua was to improve the clarity and how it relates to Māori and papakāinga. The proposal addresses this by clarifying that limits on the ownership of animals in urban areas do not apply to papakāinga within the Māori Purpose Zone of the Auckland Council Unitary Plan.

28.     Mana whenua and mataawaka will have the opportunity to provide further feedback on the proposal during public consultation.

Ngā ritenga ā-pūtea

Financial implications

29.     There are no financial implications arising from decisions to this report. Costs associated with the special consultative procedure will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30.     The following risks have been identified:

 

If...

Then...

Mitigation

The proposal does not reflect the views of the public or a COVID-19 outbreak prevents in-person public consultation.

There may be negative perception about the effectiveness of council’s consultation on the amended Bylaw and controls including during any disruption caused by COVID-19.

Public opportunity to provide feedback through a variety of engagement methods, including online, by phone, in-person and to an appointed Bylaw Panel.

Ngā koringa ā-muri

Next steps

31.     The next steps are shown in the diagram below:

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Statement of Proposal

19

b

Local Board Views

101

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Senior Policy Manager

Kataraina Maki – General Manager - Community & Social Policy

Craig Hobbs - Director Regulatory Services

 


Regulatory Committee

11 May 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Regulatory Committee

11 May 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Regulatory Committee

11 May 2021

 

Proposal to make new Trading, Events and Filming Bylaw

File No.: CP2021/03256

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To recommend the Governing Body adopt a proposal to make a new bylaw about trading, events and filming for public consultation and appoint a Bylaw Panel.

Whakarāpopototanga matua

Executive summary

2.       The Regulatory Committee requested a new bylaw about public trading, events and filming in February 2021 (REG/2021/5).

3.       Staff seek a recommendation that the Governing Body adopt the attached Statement of Proposal containing a new bylaw for public consultation.

4.       The new bylaw continues to minimise the risk to public safety, nuisance and the misuse of council-controlled public places caused by trading, events and filming. It complies with statutory requirements, is appropriate and is not inconsistent with key legislation.

5.       The main proposals are to:

·    continue to regulate trading, events and filming in a similar way to the current Bylaw

·    set specific rules for rental micromobility devices 

·    clarify activities that require an approval, are allowed subject to conditions or not addressed in the Bylaw

·    update the title, structure, format, definitions, and wording of the Bylaw.

6.       Local board views were sought in April 2021. Public consultation on the Statement of Proposal was supported in full by 13 local boards. Eight local boards supported the proposal with suggested changes.

7.       There are risks that the proposal does not reflect the views of the public and that a COVID-19 outbreak prevents in-person public consultation. These risks are partly mitigated by the opportunity for public feedback, online or phone-based ‘Have Your Say’ events and at Bylaw Panel deliberations.

8.       Adoption of the Statement of Proposal will start the statutory process to make a new bylaw including public consultation scheduled from June to July 2021. A Bylaw Panel will consider any public feedback, deliberate, and make recommendations to the Governing Body in October 2021. A final decision is expected to be made in November 2021.

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      note that this committee completed the review of the Trading and Events in Public Places Bylaw 2015 in October 2020 and determined that a bylaw is still the most appropriate way to address trading activities, events and filming in council-controlled public places.

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 new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Tauhokohoko, Whakahaerenga me te Tango Kiriata Tūmatanui 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022:

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

iii)   is not inconsistent with the Reserves Act, Resource Management Act, Auckland Unitary Plan, Trespass Act, Fair Trading Act, Customer Guarantees Act, Road User Rule, Waitakere Ranges Heritage Area Act, Electricity (Safety) Regulations, and Auckland Council Public Safety and Nuisance Bylaw and Signage Bylaw.

c)      recommend the Governing Body forward to the Independent Māori Statutory Board the Statement of Proposal in (b) for their advice.

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

e)      recommend the Governing Body delegate authority through the Chief Executive to a manager responsible for bylaws for matters in (h)(ii).

f)       appoint a chair and two Bylaw Panel members selected from the Governing Body and the Independent Māori Statutory Board 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 (b).

g)      delegate authority to the Regulatory Committee chairperson to make replacement appointments to the Bylaw Panel if a panel member is unavailable.

h)      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 (b) to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

Horopaki

Context

The Bylaw regulates trading, events and filming in council-controlled public places

9.       Te Ture ā-Rohe Te Mahi Tauhokohoko me nga Takunetanga ki ngā Wāhi Marea 2015 / Auckland Council Trading and Events in Public Places Bylaw 2015 (Bylaw) seeks to minimise risks to public safety, nuisance and the misuse of council-controlled public places caused by trading (including micromobility), events and filming.

10.     The Bylaw:

·    achieves this by requiring prior approval for most trading, event and filming activities and enabling council to make additional requirements in separate controls[3]

·    is administered by several council departments and council-controlled organisations

·    is enforced by the Licencing and Regulatory Compliance unit using a graduated compliance model (information / education / enforcement)

·    is one part of a wider regulatory framework of Acts, regulations and bylaws[4]

·    will expire on 26 February 2022, meaning council must adopt a new bylaw before that date to avoid a regulatory gap.

 


 

 

The Regulatory Committee decided to make a new bylaw

11.     The Regulatory Committee requested staff commence the process to make a new bylaw on 16 February 2021 (REG/2021/5).  This decision followed completion of a statutory bylaw review findings and options under the Local Government Act.[5]

12.     Council must use the special consultative procedure to make a new bylaw, including to::[6]

·    determine that the new bylaw meets legislative criteria

·    adopt the Statement of Proposal, including the proposed new bylaw, for public consultation

·    decide on any bylaw amendments after having considered public feedback.

Tātaritanga me ngā tohutohu

Analysis and advice

The proposal makes a new Public Trading, Events and Filming Bylaw

13.     The Statement of Proposal (Attachment A) implements the committee’s decision to make a new bylaw about public trading, events and filming. The new bylaw better minimises public safety risks, nuisance and misuse of council-controlled public places.

Summary of the main proposals in new Public Trading, Events and Filming Bylaw

Main proposals

Reasons for proposals

·         continue to regulate trading, events and filming in a similar way to the current Bylaw

·         to retain a regulatory approach considered to be the most appropriate way to address public safety risks, nuisance and misuse caused by trading, events and filming in council-controlled public places.

·         the current approach requires Bylaw approval for most activities; allows certain limited activities without approval; allows council to process applications for approval; and allows council to make additional rules in a ‘control’ (for example, conditions on activities that do not require a Bylaw approval and how a bylaw approval will be considered).

·         set specific rules for rental micromobility devices

·      to reflect the significance of potential issues from rental of power-assisted devices from council-controlled public places

·      to better reflect the information, assessment criteria and conditions considered when processing these applications.

·         clarify activities that require an approval, are allowed subject to conditions or not addressed in the Bylaw

·      to clarify that the occasional sale of homemade goods by children outside their house is allowed (for example, the sale of lemonade)

·      to clarify that non-exclusive use of a council-controlled public place for informal recreation (for example, a family picnic) is allowed

·      to reflect the right to protest under the New Zealand Bill of Rights Act[7]

·      to allow council to use controls to impose conditions on activities that do not require a bylaw approval.

·         update the title, structure, format, definitions, and wording of the Bylaw

·           to make a new bylaw easier to understand and comply with

·           to align a new bylaw with council bylaw drafting standards

·           to explain the wider regulatory framework (other rules and permissions)

·           to reflect that busking / pavement art are considered in a similar way

·           to reflect that events and filming are considered differently

·           to clarify and streamline the approval framework

·           to clarify the matters council may address in a ‘control’.

The proposal complies with statutory requirements

14.     The draft new Bylaw has been prepared in accordance with statutory requirements to:

·    help minimise safety risks, nuisance and misuse of council-controlled public places

·    use a structure, format and wording that are easier to read, understand and comply with than the current Bylaw and to meet council bylaw drafting standards

·    be authorised by statute, not repugnant to other legislation, or be unreasonable

·    not give rise to any implications and not be consistent with the Bill of Rights Act

·    not be inconsistent with the Reserves Act, Resource Management Act, Auckland Unitary Plan, Trespass Act, Fair Trading Act, Customer Guarantees Act, Road User Rule, Waitakere Ranges Heritage Area Act, Electricity (Safety) Regulations, and Auckland Council Public Safety and Nuisance Bylaw and Signage Bylaw.

Staff recommend the committee commence the process to make a new bylaw

15.     Staff seek the committee to recommend that the Governing Body adopt the attached Statement of Proposal containing the new bylaw for public consultation.

16.     The committee is requested to appoint a Bylaw Panel to attend ‘Have Your Say’ events as appropriate, deliberate and make recommendations to the Governing Body on public feedback to the proposal.

17.     It is also recommended that staff be delegated authority to receive public feedback at ‘Have Your Say’ events as appropriate or in case a panel member cannot attend.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     There are no implications for climate change arising from decisions sought in this report.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     The proposal impacts the operations of several council departments and council-controlled organisations. This includes Auckland Council’s Licencing and Regulatory Compliance Unit, Events in Regional Service Planning, Investment and Partnerships Unit, Alcohol Licencing and Environmental Health Unit, Auckland Unlimited (previously known as Auckland Tourism, Events and Economic Development), and Screen Auckland.

20.     Relevant staff are aware of the impacts of the proposal and their implementation role.

21.     Auckland Transport was provided regular updates on the review of the Auckland Council Trading and Events in Public Places Bylaw 2015.[8] This included an advice that a new Auckland Council Bylaw was drafted in a way that covers Auckland Transport System.[9]

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

22.     The draft new bylaw impacts on local governance as it regulates trading, events and filming activities in council-controlled public places, for example local parks.

23.     Representative local board views were provided in February 2021 through a joint working party established by the Regulatory Committee.[10] The main views of group members included unanimous support for a new bylaw and suggestions on the detailed content.[11] The suggestions on content are included in the new Bylaw.

24.     Staff sought the views of all local boards on a draft proposal in April 2021.[12]. The proposal is supported in full by 13 local boards because it continues to regulate trading, events and filming in council-controlled public places. Eight local boards supported the proposal with suggested changes. A summary of these suggestions with staff responses and any changes made to the proposal are in Attachment B.

25.     Local boards will have further opportunity to provide their views on the proposal formally by resolution in September 2021 and to the Bylaw Panel in October 2021.

Tauākī whakaaweawe Māori

Māori impact statement

26.     The Bylaw supports the Māori Plan for Tāmaki Makaurau by facilitating opportunities for Māori business owners such as those participating in major or international events to promote distinctive identity, build exposure and establish valuable networks.

27.     Feedback from mana whenua and some Māori license and permit holders highlighted a particular interest and concern for environmental impacts such as ineffective waste management at events and the limited level of enforcement.

28.     The new bylaw continues to address waste management at events by requiring compliance with a waste plan in a way that is easier to understand. Other concerns for better enforcement relate to implementation rather than the making of a new bylaw and have been forwarded to relevant staff.

29.     Staff will engage with mana whenua and mataawaka during the public consultative process to ensure Māori are able to provide their views on the proposal.

Ngā ritenga ā-pūtea

Financial implications

30.     There are no financial implications arising from decisions sought in this report. Costs associated with the special consultative procedure will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risks have been identified:

If...

Then...

Mitigation

The proposal does not reflect the views of the public and or a COVID-19 outbreak prevents in-person public consultation.

There may be negative perception about the effectiveness of council’s consultation on the new Bylaw including during any disruption caused by COVID-19.

Public opportunity to provide feedback through a variety of engagement methods, including online, by phone, in-person and to an appointed Bylaw Panel.

Ngā koringa ā-muri

Next steps

32.     The next steps are shown in the diagram below:

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Statement of Proposal

113

b

Summary of Local Board Views

191

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Senior Policy Manager

Kataraina Maki – General Manager Community & Social Policy

Craig Hobbs - Director Regulatory Services

 


Regulatory Committee

11 May 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Regulatory Committee

11 May 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Regulatory Committee

11 May 2021

 

Resource Consents Appeals: Status Report 11 May 2021

File No.: CP2021/05245

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an update of all current resource consent appeals lodged with the Environment Court.

Whakarāpopototanga matua

Executive summary

2.       This report provides a summary of current resource consent appeals to which Auckland Council is a party. It updates the report to the Regulatory Committee on 9 April 2021.

3.       If committee members have detailed questions concerning specific appeals, it would be helpful if they could raise them prior to the meeting with Robert Andrews (phone: 353-9254) or email: robert.andrews@aucklandcouncil.govt.nz) in the first instance.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 11 May 2021

 

Horopaki

Context

4.       As at 30 April 2021, there are 20 resource consent appeals to which Auckland Council is a party. These are grouped by Local Board Area geographically from north to south as set out in Attachment A.  Changes since the last report and new appeals received are shown in bold italic text.

5.       The principal specialist planners - resource consents, continue to resolve these appeals expeditiously. In the period since preparing the previous status report on 9 April 2021, there have been no new appeals lodged or appeals resolved.

6.       Two of the appeals relate to the package of regional consents granted to support the designation and construction of the Ara Tuhono – Warkworth to Te Hana motorway extension project. The new highway is Stage 2 of the Pūhoi to Wellsford/Ara Tūhono ‘Road of National Significance’. The proposed designation applies to approximately 1,348 hectares of land, within which the new 26km long, four lane state highway would be constructed. Construction of the road will involve significant earthworks, construction effects, vegetation clearance, wetland destruction and stream diversions, erosion and sediment run-off. New structures will be large and impact on the existing landscape character and the amenity values presently experienced.

7.       The applicant Waka Kotahi NZ Transport Agency appeals parts of the decision and a range of conditions covering matters of ecology, soil disposal, water course diversions and sediment control measures.

8.       The submitter appeal is from Dianne Civil, an owner of properties directly affected or adjacent the designation and granted works. This appeal relates to matters that impact on terrestrial and freshwater ecology and flooding effects.

9.       The third new appeal is by Southern Cross Hospitals Limited. This appeal is against a decision to refuse their application to expand the existing hospital complex (BUN60347517) onto land at 3 Brightside Road and 149-153 Gillies Avenue, Epsom. The consents sought were to demolish a number of character residential buildings, site works including rock-blasting and construction of the hospital extension linked by a two-level pedestrian bridged to the existing hospital. 

Tātaritanga me ngā tohutohu

Analysis and advice

10.     To receive the report as provided.

Tauākī whakaaweawe āhuarangi

Climate impact statement

11.     The report provides an update of consent appeals and seeks no resolution or consideration of the merits associated with them.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

12.     Not applicable.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

13.     Not applicable.

Tauākī whakaaweawe Māori

Māori impact statement

14.     The decision requested of the Regulatory Committee is to receive this progress report rather than to consider the relevance to Māori associated with each of the appeals at this time.

15.     The Resource Management Act 1991 includes a number of matters under Part 2, which relate to the relationship of Tangata Whenua to the management of air, land and water resources.  Maori values associated with the land, air and freshwater bodies of the Auckland Region are based on whakapapa and stem from the long social, economic and cultural associations and experiences with such taonga. These matters where relevant are considered with the resolution of the resource consent appeals.

Ngā ritenga ā-pūtea

Financial implications

16.     Environment Court appeal hearings can generate significant costs in terms of commissioning legal counsel and expert witnesses. Informal mediation and negotiation processes seek to limit these costs.  Although it can have budget implications, it is important that Auckland Council, when necessary, ensure that resource consents maintain appropriate environmental outcomes and remain consistent with the statutory plan policy framework through the appeal process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

17.     Not applicable.

Ngā koringa ā-muri

Next steps

18.     Not applicable.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Current Resource Consent Appeals as at 30 April 2021

201

     

Ngā kaihaina

Signatories

Author

Robert Andrews - Principal Specialist Planning

Authorisers

Ian Smallburn - General Manager Resource Consents

Craig Hobbs - Director Regulatory Services

 


Regulatory Committee

11 May 2021

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Regulatory Committee

11 May 2021

 

Summary of Regulatory Committee Information - updates, memos and briefings - 11 May 2021

File No.: CP2021/04765

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the progress on the forward work programme appended as Attachment A.

2.       To receive a summary and provide a public record of memos or briefing papers that have been held or distributed to committee members since 20 April 2021.

Whakarāpopototanga matua

Executive summary

3.       This is a regular information-only report which aims to provide public visibility of information circulated to committee members via memo or other means, where no decisions are required.

4.       The following papers / memos were circulated to members:

Date

 

16/04/2021

Supplementary paper to Item 8: Signage Bylaw 2015 – Detailed Options Report 2020

23/04/2021

Public feedback on proposals to make a new Navigation Bylaw 2021 and next steps

 

5.       These documents can be found on the Auckland Council website, at the following link: http://infocouncil.aucklandcouncil.govt.nz

·   at the top of the left page, select meeting “Regulatory Committee” from the drop-down tab and click ‘view’;

·   under ‘attachments’, select either the HTML or PDF version of the document entitled ‘extra attachments’.

6.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Committee members should direct any questions to the authors.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the summary of the Regulatory Committee report – 11 May 2021.

 

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Regulatory Committee Forward Work Programme

213

b

MEMO: Signage Bylaw - Supplementary report on Joint Working Group views of detailed options (Under Separate Cover)

 

c

MEMO: Public feedback on proposals to make a new Navigation Bylaw 2021 and next steps (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Maea Petherick - Kaitohutohu Mana Whakahaere Matua / Senior Governance Advisor

Authoriser

Craig Hobbs - Director Regulatory Services

 


Regulatory Committee

11 May 2021

 

 

Kōmiti Whakahaere ā-Ture / Regulatory Committee
Forward Work Programme 2021

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 2021

no meeting

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 2021as 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 2020/2021 report to the Secretary of Local Government

 

 

 

 

 

 

 

 

 

 

 

 

 

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 month focusing on high-risk boarding houses identified from complaint data.

 

Update:  report to Regulatory Committee and the Parks, Arts, Community and Events Committee

 

 

 

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. If required, recommend a statement of proposal and appoint a Bylaw Panel.

 

Progress to Date:

Findings Report 17 March 2020
Link to decision

Options Report 17 November 2020

Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Construction Bylaw 2015

Community and Social Policy

Bylaw relates to construction activity on or near public places or infrastructure.

This Bylaw will expire on 29 October 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 needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

 

 

 

 

 

 

 

 

 

 

 

 

 

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 and whether any changes should be made and to confirm, amend, replace or revoke the bylaw.  If required, recommend a proposal and appoint a Bylaw Panel.

 

Progress to Date:

Review and Findings Report 1 September 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

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.  If required, recommend a proposal and appoint a Bylaw Panel.

 

Progress to Date:

Findings Report 23 June 2020
Link to decision

Options report 13 October 2020

Link to decision

Detailed Options report 20 April 2020

Link to decision

 

 

 

 

ü

 

 

 

 

 

 

 

 

Stormwater Bylaw

Healthy Waters / Community and Social Policy

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 still needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

 

Progress to Date:

Findings Report 28 July 2020
Link to decision

Options Report 16 March 2021

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. If required, recommend a proposal and appoint a Bylaw Panel.

Progress to Date:

Findings Report 13 October 2020

Link to decision

Options Report 16 February 2021

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 is still needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

 

Updated to commence January 2022

 

 

 

 

 

 

 

 

 

 

 

 

Wharves Bylaw 2015

Community and Social Policy

Bylaw relates to use of council-controlled wharves.

This Bylaw will expire on 29 October 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 needed and whether any changes should be made and to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

 

 

 

 

 

 

 

 

 

 

 

 

 

Resource Consents Appeal Update

 

Resource Consents

To provide oversight of the appeals received to resource consent decisions.

Information purposes

Monthly report

 

ü

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

 

 

 

Progress to Date:

Provide the Regulatory Committee with an overview and an update on performance, opportunities and risks of Regulatory Services

17 November 2020
Link to powerpoint presentation

 

Memo update: Hearings held April 2020 to March 2021

Link to memo

 

 

 

 

 

 

 

 

 

 

 

 


 

Completed

Lead Department

Area of work

Committee role

(decision and/or direction)

Decision

Community & Social Policy

Alcohol Control Bylaw review

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.

 

 

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

Adopt Statement of Proposal – Governing Body 29 October 2020
Link to decision

Licensing & Regulatory Compliance

Animal Management

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

Adopt the 2019/2020 Animal Management Annual Report

Link to decision

Link to 2019/2020 Animal Management Annual Report

 

Community and Social Policy

Bylaw Review 2020-22 initiation

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.

Initiation Report 18 February 2020
Link to decision

Community and Social Policy

Cemeteries Bylaw Review (Cemeteries and Crematoria Bylaw 2014)

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.

 

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

Adopt Statement of Proposal – Governing Body 24 September 2020
Link to decision

Adopt the amended Cemeteries and Crematoria Bylaw 2014

link to decision

 

Building Consents

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:  on the progress made in implementing Auckland Council’s regulatory obligations with regard to earthquake-prone buildings within its jurisdiction.

Approve submission 28 July 2020
Link to decision

 

Community and Social Policy

Food Bylaw Review

 

Appoint Bylaw Panel

Decision on bylaw - Due to COVID19 the decision went to the Governing Body

Adoption 30 April 2020
Link to decision

 

Community and Social Policy

Freedom Camping

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.

 

Deferred to Governing Body

Community and Social Policy

Gambling Policy Reviews

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.

 

Decision: start of the Class 4 Gambling (pokie) Venue Policy and the Racing Board (TAB) Venue Policy reviews in 2020

Council reviewed in 2020, retain both with no changes.

start policy reviews 17 March 2020
Link to decision

findings review 13 October 2020

Link to decision

Community and Social Policy

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).

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

Adopt statement of proposal – Governing Body – 29 October 2020
Link to decision

Community and Social Policy

Outdoor Fire Safety Bylaw Review

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.

Findings resulted in decision to revoke bylaw

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).

 

Findings and Options Report 13 October 2020
Link to decision

Review findings – Governing Body – 29 October 2020
Link to decision

 

Democracy Services

The Regulatory Committee Policy

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.

Recruitment process for DLC Commissioners 12 November 2019 – Governing Body
Link to decision

30 April 2020, due to COVID19 appointment of District Licensing Committee went go to Emergency Committee
Link to decision

Appointment of DLC Committee 30 April 2020
Link to decision

Approval to commence recruitment RMA Commissioners 23 June 2020
Link to decision

Adoption of the Regulatory Committee policy 28 July 2020
Link to decision

Recommendation for the appointment of independent hearings commissioners
Link to decision

Watercare / Community and Social Policy

Water Supply and Wastewater Network Bylaw 2015

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. If required, recommend a proposal and appoint a Bylaw Panel.

 

May 2020, due to COVID19 findings report went to Emergency Committee

Findings Report 28 May 2020-Emergency Committee
Link to decision

Review Options 23 June 2020
Link to decision

Recommendation for Statement of Proposal 16 February 2021

Link to decision

Adopt Statement of Proposal – Governing Body – 25 February 2021

Link to decision

 



[1] See Local Government Act 2002, s158.

 

[2] See Local Government Act 2002, s83, 83AA, 86, 155, 156, 160(3) and Auckland Council Governing Body Terms of Reference (GB/2016/237).

[3] Currently the Trading and Events in Public Places Guidelines 2015, Shared Spaces Guidelines 2017 and Auckland Film Protocol.

[4] Reserves Act, Trespass Act, Fair Trading Act, Resource Management Act, Unitary Plan, Customer Guarantees Act, Road User Rule, Waitakere Ranges Heritage Area Act, Electricity (Safety) Regulations, Public Safety and Nuisance Bylaw, Signage Bylaw.

[5] Local Government Act 2002, s155.

[6] See Local Government Act 2002, s83, 83AA, 86, 155, 156, 160(3) and Auckland Council Governing Body Terms of Reference (GB/2016/237).

[7] Freedom of expression (s14), Freedom of peaceful assembly (s16) and Freedom of association (s17).

6 Auckland Transport currently has a mirror bylaw to regulate activities on the Auckland Transport System (roads and footpaths) for transport-related purposes. Auckland Council’s Bylaw applies to other council-controlled public places (parks and civic spaces).

[9] Since 1 February 2018, Auckland Council’s Licencing and Regulatory Compliance Unit is responsible for enforcing compliance with the Auckland Transport mirror Bylaw.

[10] Local board representatives were Troy Churton (Ōrākei Local Board) and Sandra Coney (Waitākere Ranges Local Board).

[11] Include reference to the Waitakere Ranges Heritage Area Act, Reserves Act, requirements for landowner approvals, rules around the use of drones; consider the effects of activities on the environment and its wildlife, a more explicit definition of an event and exemptions for whānau gatherings or children to sell ice-cream or lemonade in front of their houses.

[12] Staff held 19 local board workshops and presented at one local board business meeting (Devonport-Takapuna). One local board (Kaipātiki) requested no workshop or attendance at their business meeting, and instead sent their resolution.