Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held in the Reception Lounge, Level 2, Auckland Town Hall, 301-305, Queen Street, Auckland on Tuesday, 15 June 2021 at 10.00am.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

From 10.23am, Item 11

Until 11.36am, Item 11

 

Cr Shane Henderson

 

 

Cr Daniel Newman, JP

From 10.37am, Item 11

 

Cr Sharon Stewart, QSM

From 10.17am, Item 11

 

IMSB Chair David Taipari

 

 

IMSB Member Glenn Wilcox

From 10.14, Item 11

 

Cr Paul Young

From 10.05am, Item 9

 

ABSENT

 

Ex-officio

Deputy Mayor Cr Bill Cashmore

 

 

Ex-officio

Mayor Phil Goff

 

 

 

 

 

 


Regulatory Committee

15 June 2021

 

 

 

1          Apologies

 

Resolution number REG/2021/34

MOVED by Cr L Cooper, seconded by Cr C Casey:  

That the Regulatory Committee:

a)         accept the apology from Mayor P Goff for absence on council business, Cr E Collins for early departure and lateness on council business, and Cr D Newman for lateness.

CARRIED

Note:   an apology was subsequently received from Cr E Collins for early departure on council business.

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number REG/2021/35

MOVED by Cr L Cooper, seconded by Cr C Casey:  

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 11 May 2021, as a true and correct record.

CARRIED

 

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

There was no public input.

 

 

6          Local Board Input

 

There was no local board input.

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 


 

 

8

Appointment of independent commissioners to consider submissions made under s.24 of the Reserves Act 1977

 

Resolution number REG/2021/36

MOVED by IMSB Chair D Taipari, seconded by Cr J Bartley:  

That the Regulatory Committee:

a)      appoint six independent commissioners (with Reserves Act and Kaupapa Māori experience):

Chairs: David Hill, Sarah Shaw, Vanessa Hamm; and

Panel members: Basil Morrison, Juliane Chetham, James Whetu,

in three pairs to consider the submissions received following the public notifications of the proposals to revoke the reserve status of 20 properties across Auckland set out in Attachment A to the agenda report.

b)      direct that the reserves will be apportioned between the pairs of commissioners by area and that each pair of commissioners will consider the submissions received and make recommendations in accordance with the Reserves Act 1977, for consideration by the Parks, Art, Community and Events Committee.

c)      direct that the commissioners will hear those objectors who have expressed a wish to be heard on their submissions.

d)      delegate authority to the Chairperson of the Regulatory Committee to make replacement appointments should any independent commissioner appointed under recommendation a) above be unavailable.

CARRIED

 

 

 

9

Resource Consents Appeals: Status Report 15 June 2021

 

Cr P Young joined the meeting at 10.05am.

 

Resolution number REG/2021/37

MOVED by Cr L Cooper, seconded by IMSB Chair D Taipari:   

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 15 June 2021.

CARRIED

 

 

 

10

Summary of Regulatory Committee Information - updates, memos and briefings - 15 June 2021

 

Resolution number REG/2021/38

MOVED by IMSB Chair D Taipari, seconded by Cr P Young:  

That the Regulatory Committee:

a)      note the progress on the forward work programme appended as Attachment A of the agenda report.

CARRIED

 


 

 

 

 

11

Objection to public stormwater extension and connection to public network across 12 Crete Avenue Milford

 

IMSB Member G Wilcox joined the meeting at 10.14am.
Cr S Stewart joined the meeting at 10.17am.
Cr E Collins joined the meeting at 10.23am.
Cr D Newman joined the meeting at 10.37am.

 

The hearing commenced at 10.06am in relation to the objection by the owners of 12 Crete Avenue Milford, pursuant to section 460 of the Local Government Act 1974.

Scott Lamason, on behalf of the applicant, provided a PowerPoint presentation in support of the item. A copy has been placed on the official minutes and are available on the Auckland Council website as minutes attachments.

Auckland Council provided an overview of the application, addressed the committee in support and responded to questions from the committee.

Stuart Ryan on behalf of Zhonggui Chen, owner 12 Crete Avenue, Milford, was in attendance and spoke to their objection to the proposed stormwater works and responded to questions from the committee. Documents were tabled in support. Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachments.

Auckland Council responded to matters raised during the hearing.

The hearing concluded at 11.34am.

 

 

 

Attachments

a     15 June 2021, Regulatory Committee, Item 11 - Objection to public stormwater extension and connection to public network across 12 Crete Avenue Milford - PowerPoint presentation

b     15 June 2021, Regulatory Committee, Item 11 - Objection to public stormwater extension and connection to public network across 12 Crete Avenue Milford - statement of expert evidence

c    15 June 2021, Regulatory Committee, Item 11 - Objection to public stormwater extension and connection to public network across 12 Crete Avenue Milford - statement of evidence

d    15 June 2021, Regulatory Committee, Item 11 - Objection to public stormwater extension and connection to public network across 12 Crete Avenue Milford - supporting document

e     15 June 2021, Regulatory Committee, Item 11 - Objection to public stormwater extension and connection to public network across 12 Crete Avenue Milford - supporting document

 

 

 


 

 

Public Excluded

Resolution number REG/2021/39

MOVED by Cr L Cooper, seconded by IMSB Chair D Taipari:  

That the Regulatory Committee:

a)         exclude the public from the following part(s) of the proceedings of this meeting.

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:

 

11      Objection to public stormwater extension and connection to public network across 12 Crete Avenue Milford

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

 

 

 

11.36am          The public was excluded.

 

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and will be publicly available in the open minutes.

 

 

11.57am          The public was re-admitted.

 

 

The meeting adjourned at 11.57am and reconvened at 12.14pm.

 

 


 

 

restatementS

 

It was resolved while the public was excluded:

 

 

11        Objection to public stormwater extension and connection to public network across             12 Crete Avenue Milford

Resolution number REG/2021/40

MOVED by Cr S Henderson, seconded by Cr J Bartley: 

That the Regulatory Committee:

a)         hear and determine the objections by the owners of 12 Crete Avenue, Milford (Lot 1 DP 44646), pursuant to section 460 of the Local Government Act 1974.

b)         resolve, subject to the hearing of the objection, under section 460(1) of the Local Government Act 1974 that the proposed stormwater and wastewater connections route across 12 Crete Avenue, Milford, is the only practical route as shown on Lamason Consulting Ltd engineers drawing 003 revision B and 004 revision A.

 

Reason for decision

 

The Objector’s legal representative confirmed that the Committee has a reasonably broad judgement as to whether a proposed route is practical or not and that matters such as the number of properties affected and the layout of development on properties are relevant matters to consider.

 

The Objectors’ engineer Mr Balajardia considered there are 3 practical routes available to address stormwater on the Applicant’s site (Mr Balajardia’s options 1, 3 and 4) and gave evidence that the route preferred by the Applicant and Council staff was not practical due to recent construction of a retaining wall and driveway.

 

The Objectors’ proposed Option 1 is to connect to the stormwater manhole on the opposite side of Kitchener Road.  Evidence was provided by the Applicant’s engineer Mr Lamason that this option would require pumping, there were significant services within the roadway including water, wastewater, electrical, gas and telecommunications and trenching would likely be required on Kitchener Road resulting in traffic disruption to a major road.  Mr Balajardia suggested the driveway could be raised to address the need for pumping.  Mr Lamason in reply stated that resource consent had been obtained for a minor height in relation to boundary infringement for the development.  The driveway would need to be raised 2m to address the need for pumping but retaining walls supporting the driveway would still need stormwater drainage at the bottom.  The houses would need to also be raised and it was unlikely Council would consent a large height in relation to boundary infringement.  The Committee considers the Objectors’ Option 1 is not a practical route due to the need for pumping or raising the driveway and houses, constraints around existing services, and the impact of works including trenching on traffic flows on Kitchener Road.

 

The Objectors’ proposed option 3 is to connect to the manhole on the corner of Frieston Road and Kitchener Road. Mr Lamason provided evidence that this manhole is too shallow and would also require pumping or raising the driveway and houses.  The Committee considers that option 3 is not a practical route.

 

The Objectors’ proposed option 4 is a connection through 6 Crete Avenue.  Mr Lamason for the Applicant gave evidence that this route is through 9 separately owned properties and that it would not be possible to get machinery onto the site without significant disturbance of existing landscaping which would require considerable reinstatement and the location of the works was close to an existing public wastewater line. The Committee considers that this route is not practical given the number of affected owners over a longer route, site constraints and significant disturbance to landscaping.

 

The Committee is satisfied that the Applicant considered a number of different options, including the options supported by the Objectors, and agree with the Applicant that the only practical route is across 12 Crete Avenue, Milford, as shown on Lamason Consulting Ltd engineers drawing 003 revision B and 004 revision A.  Council will be responsible for the works and reinstatement of 12 Crete Avenue, including any damage or reinstatement required to retaining walls or the driveway.

 

 

 

 

 

12

Objection to stormwater works at 120A New Windsor Road

 

Note:   This item was withdrawn.

 

 

 

13

Objection to stormwater works at 22A Stanley Avenue, Milford

 

Note:   this item was with withdrawn

 

 

 

 

14        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

 

 

 

12.15pm                                             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:.......................................................