Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held in the Reception Lounge, Auckland Town Hall, 301 Queen Street, Auckland on 17 August 2021 at 10.02am.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

From 10.25am, Item 9

Members

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

 

 

Cr Shane Henderson

 

 

Cr Daniel Newman, JP

From 10.21am, Item 9

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

Until 11.17am, Item 13

 

IMSB Member Glenn Wilcox

 

 

Cr Paul Young

 

 

ABSENT

 

Ex-officio

Deputy Mayor Cr Bill Cashmore

 

 

Ex-officio

Mayor Hon Phil Goff, CNZM, JP

 

 

 

 

 

 


Regulatory Committee

17 August 2021

 

 

 

1          Apologies

 

Resolution number REG/2021/47

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

That the Regulatory Committee:

a)         accept the apologies from:

Absence

Deputy Mayor Cr B Cashmore – on council business

Mayor P Goff – on council business

Early departure

IMSB Chair D Taipari – on council business

Lateness

Cr J Bartley

CARRIED

 

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

 

3          Confirmation of Minutes

 

Resolution number REG/2021/48

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, 6 July 2021, including the confidential section, 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

Proposal to amend the Stormwater Bylaw 2015

 

Note:   changes to the original motion, amending clause f) and removing clause c), were made with the agreement of the meeting,.

 

Resolution number REG/2021/49

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

That the Regulatory Committee:

a)      note that this committee completed the review of the Stormwater Bylaw 2015 in July 2020 and determined that a bylaw is still the most appropriate way to address issues related to public stormwater networks and private stormwater systems.

b)      recommend the Governing Body adopt the Statement of Proposal to amend the Stormwater Bylaw 2015 in Attachment A of this agenda report for public consultation.

c)      recommend the Governing Body forward to local boards this agenda report and Attachment A for their information.

d)      recommend the Governing Body delegate authority through the Chief Executive to a manager responsible for Healthy Waters to make any amendments to the Proposal in Attachment A to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

e)      appoint a chair and two bylaw panel members selected from the Governing Body and the Independent Māori Statutory Board: Cr L Cooper, Cr D Newman, and IMSB Member G Wilcox, to attend ‘Have Your Say’ events to deliberate and make recommendations to the Governing Body on public feedback to the Statement of Proposal in Attachment A of the agenda report.

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

g)      delegate authority through the Chief Executive of Auckland Council to a manager responsible for Healthy Waters to appoint staff to receive public feedback at ‘Have Your Say’ events.

CARRIED

 


 

 

9

Property Maintenance and Nuisance Bylaw 2015 review options report

 

Cr D Newman joined the meeting at 10.21am.

 

Cr J Bartley joined the meeting at 10.25am.

 

Resolution number REG/2021/50

MOVED by Cr C Casey, seconded by Cr D Newman:  

That the Regulatory Committee:

a)      agree that option two: amend Bylaw is the most appropriate option to respond to the statutory review findings on Te Ture ā-rohe Tiaki Rawa me Ngā Mahi Whakapōrearea 2015 / Property Maintenance and Nuisance Bylaw 2015.

b)      request that staff as delegated by the Chief Executive prepare a Statement of Proposal that amends the Bylaw in (a) as detailed in Attachment A of the agenda report.

CARRIED

 

 

10

Proposal to make a new bylaw about signs

 

Note:   changes to the original motion, amending clause f) and removing clause c), were made with the agreement of the meeting.

 

Resolution number REG/2021/51

MOVED by Member G Wilcox, seconded by Cr J Bartley:  

That the Regulatory Committee:

a)      note that this committee completed the review of the Signage Bylaw 2015 in June 2020 and determined that a bylaw is still the most appropriate way to manage most signs in Auckland.

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 Auckland Council and Auckland Transport Te Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls:

i)       are the most appropriate form of bylaw and controls

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

iii)     are not inconsistent with other Acts, regulations, rules, codes, or bylaws.

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

d)      recommend the Governing Body delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Statement of Proposal in Attachment A of this agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

e)      appoint a chair and four Bylaw Panel members selected from the Governing Body and the Independent Māori Statutory Board, Cr L Cooper, Cr S Henderson, Cr J Bartley, Cr E Collins, and IMSB Member G Wilcox, to a joint Bylaw Panel with Auckland Transport, to attend ‘Have Your Say’ events and to deliberate and make recommendations to the Governing Body and the Board of Auckland Transport on public feedback to the Statement of Proposal in Attachment A of this agenda report.

f)       recommend that if at any time Auckland Transport decides not to proceed with a joint bylaw the Governing Body delegates authority to the Regulatory Committee chairperson and a manager responsible for bylaws to:

i)       amend the Statement of Proposal in Attachment A to remove clauses that apply on the Auckland transport system for transport-related purposes and all clauses related to the Auckland Transport Election Signs Bylaw 2013; and

ii)      make amendments to the Bylaw Panel such that it will be an Auckland Council only panel, rather than a joint Bylaw Panel with Auckland Transport, and will only need to report to the Governing Body and not the Board of Auckland Transport.

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 to:

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

ii)      make any amendments to the Statement of Proposal in Attachment A of this agenda report to insert or replace diagrams and pictures, correct errors, omissions or to reflect decisions made by the Regulatory Committee.

CARRIED

 

 

 

11

Resource Consents Appeals: Status Report 17 August 2021

 

Resolution number REG/2021/52

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

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 17 August 2021.

CARRIED

 

 

 

12

Review of the Forward Work Programme - Regulatory Committee

 

Resolution number REG/2021/53

MOVED by IMSB Chair D Taipari, seconded by Cr S Stewart:  

That the Regulatory Committee:

a)      receive and review the progress on the 2021 forward work programme as appended in Attachment A of the agenda report.

b)      approve the forward work programme as agreed to at the meeting.

c)      review the work programme prior to the end of March 2022.

CARRIED

 

 


 

 

13

Summary of Regulatory Committee Information - updates, memos and briefings - 17 August 2021

 

Resolution number REG/2021/54

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

That the Regulatory Committee:

a)      receive the Summary of Regulatory Committee information memoranda and briefings – 17 August 2021.

CARRIED

 

 

 

The meeting adjourned at 11.17am and reconvened at 11.23am.

IMSB Chair D Taipari was not present.

 

 

14

Objection to stormwater works at 9 Tawa Crescent, Manurewa

 

The hearing commenced 11.23am in relation to the objection by the owner and occupiers of 9 Tawa Crescent, Manurewa, pursuant to section 181 and clause 1(e) of Schedule 12 of the Local Government Act 2002.

Leigh Steckler, Auckland Council’s Healthy Waters Specialist, and Carl Hewison, Auckland Council’s Principal, Healthy Waters, (the applicant) provided an overview of the application, addressed the committee in support, provided a PowerPoint presentation, and responded to questions from the committee.

The owner, 9 Tawa Crescent, Manurewa, and the occupiers, 9 Tawa Crescent, Manurewa were not in attendance.

The hearing concluded at 11.44am.

 

 

Attachments

a     17 August 2021, Regulatory Committee, Item 14 - Objection to stormwater works at 9 Tawa Crescent, Manurewa - PowerPoint presentation

 

 

 

Public Excluded

Resolution number REG/2021/55

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

That the Regulatory Committee:

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

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

14      Objection to stormwater works at 9 Tawa Crescent, Manurewa

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 181 of the Local Government Act 2002.

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.


The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

 

CARRIED

 

 

 

11.44am          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.

 

 

12.05pm          The public was re-admitted.

 

 

restatementS

 

It was resolved while the public was excluded:

 

 

Objection to stormwater works at 9 Tawa Crescent, Manurewa

Resolution number REG/2021/56

MOVED by Cr D Newman, seconded by Cr E Collins:

That the Regulatory Committee:

a)      hear and determine the objections by the landowner and occupants of 9 Tawa Crescent according to clause 1(e) of Schedule 12 of the Local Government Act 2002.

b)      resolve that the council will proceed with the extension of the public wastewater and stormwater networks from 9 Tawa Crescent to 11 Tawa Crescent (as shown in Attachment A to the agenda report), according to clause 1(e) of Schedule 12 of the Local Government Act 2002.

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

 

Reason for decision

 

A written objection to the works was provided by the legal owner of 9 Tawa Crescent after the 1 month objection period following notice of the proposed works.  Healthy Waters have waived the 1 month objection period and requested the Regulatory Committee hear the late objection.

 

The Regulatory Committee has resolved to hear the objection.  Neither the owner or occupiers attended the hearing and no further information was provided to support any objection to the works and the hearing went ahead in their absence.

 

The Regulatory Committee considers that proposed option 1 to extend the public network from 9 Tawa Crescent to 11 Tawa Crescent is necessary to enable the consented development at 11 Tawa Crescent to proceed and to achieve compliance with the Council’s Stormwater Code of Practice.  Option 1 is the most direct and least expensive option, results in only minor disruption to the owners and occupiers of 9 Tawa Crescent, and has a low construction risk and good future access for maintenance and capacity for future third party connections to the public network.

 

The alternative options are not considered suitable or are less suitable than option 1.  An extension to a road outfall would be longer, more expensive and would require pumping which is not a preferred option for the public network under Council’s Stormwater Code of Practice. The option to extend the network across 1/7 and 9 Tawa Crescent is less direct, more expensive and has a higher construction risk and disruption to two properties and is considered less suitable than option 1.

 

 

 

 

 

 

15        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

 

 

 

 

12.05pm                                             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:.......................................................