Komiti Whakahaere ā-Ture /

Regulatory Committee

OPEN MINUTES

Minutes of a meeting of the Regulatory Committee held remotely on Tuesday, 14 September 2021 at 10.00am. A recording of the meeting is available on the Auckland Council website https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

present

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	From 10.02am
	Cr Paul Young	From 10.01am

ABSENT

Ex-officio	Deputy Mayor Cr Bill Cashmore
Ex-officio	Mayor Hon Phil Goff, CNZM, JP

Regulatory Committee 14 September 2021

Cr P Young joined the meeting at 10.01am.

IMSB Member G Wilcox joined the meeting at 10.02am.

Note:   a roll-call was conducted that ascertained the following members were in attendance at the commencement of the meeting:  ü

Cr L Cooper	ü	Cr S Stewart	ü
Cr J Bartley	ü	IMSB Chair David Taipari	ü
Cr C Casey	ü	IMSB Member Glenn Wilcox	ü
Cr E Collins	ü	Cr P Young	ü
Cr S Henderson	ü	Mayor P Goff
Cr D Newman	ü	Deputy Mayor B Cashmore

1          Apologies

Resolution number REG/2021/57

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

CARRIED

2          Declaration of Interest

There were no declarations of interest.

3          Confirmation of Minutes

Resolution number REG/2021/58

MOVED by Cr L Cooper, seconded by Cr J Bartley:

That the Regulatory Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 17 August 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

Review findings and options for the Wharves Bylaw

Resolution number REG/2021/59 MOVED by Cr D Newman, seconded by Cr C Casey: That the Regulatory Committee: a)      agree that the Auckland Council Legacy Provisions on Wharves Bylaw 2015 is no longer the most appropriate way to address matters related to public safety, nuisance and damage on and around wharves, boat ramps and similar structures in the former Auckland City and Rodney District under the control of Auckland Council. b)      agree that option one (rely on existing regulations and allow the Bylaw to lapse) as detailed in this agenda report is the preferred option to address the matters in clause a). c)      recommend the Governing Body: i)       confirm that the Auckland Council Legacy Provisions on Wharves Bylaw 2015 is no longer the most appropriate way to address matters related to public safety, nuisance and damage on and around wharves, boat ramps and similar structures in the former Auckland City and Rodney District under the control of Auckland Council. ii)      approve continuing to rely on other existing regulations to address matters related to public safety, nuisance and damage on and around wharves, boat ramps and similar structures under the control of Auckland Council. iii)     approve allowing the Auckland Council Wharves Bylaw 2015 to lapse on 29 October 2022. CARRIED

9

Review findings and options for the Legacy Bylaw Provisions for Construction in Public Places 2015

Resolution number REG/2021/60 MOVED by Cr D Newman, seconded by Cr S Henderson: That the Regulatory Committee: a)      agree that the Auckland Council Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015 is no longer the most appropriate way to protect public health, safety, property and the environment from construction related activities on public places under the control of Auckland Council. b)      agree that option one (rely on other existing regulations and allow the Bylaw to lapse) as detailed in this agenda report is the preferred option to address the matters in clause a). c)      recommend the Governing Body: i)       confirm that the Auckland Council Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015 is no longer the most appropriate way to protect public health, safety, property and the environment from construction related activities on public places under the control of Auckland Council. ii)      approve continuing to rely on other existing regulations to address matters related to public health, safety, property and the environment from construction related activities on public places under the control of Auckland Council. iii)     approve allowing the Auckland Council Legacy Bylaw Provisions on Construction in the Road Corridor and Other Public Places 2015 to lapse on 29 October 2022. CARRIED

10	Proposal to amend the Property Maintenance and Nuisance Bylaw 2015
	Note:   Changes to the original motion were made with the agreement of the meeting, amending clause e).
	Resolution number REG/2021/61 MOVED by Cr L Cooper, seconded by Cr E Collins: That the Regulatory Committee: a)      note that this committee completed the review of the Auckland Council Property Maintenance and Nuisance Bylaw 2015 in September 2020 and determined that a bylaw regarding property maintenance is still the most appropriate way to help minimise public health risks and nuisance caused by poorly maintained private property. b)      recommend the Governing Body adopt the Statement of Proposal in Attachment A of this agenda report for public consultation and confirm the proposed Te Kaunihera o Tāmaki Makaurau Te Ture ā-rohe Tiaki Rawa me Ngā Mahi Whakapōrearea 2015 / Auckland Council Property Maintenance and Nuisance 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 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 two Bylaw Panel members selected from the Governing Body: Cr L Cooper and Cr C Casey, and the Independent Māori Statutory Board to attend ‘Have Your Say’ events, deliberate and make recommendations to the Governing Body on public feedback to the Statement of Proposal in Attachment A of this 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 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 Statement of Proposal in Attachment A of this agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee. CARRIED

11	Resource Consents Appeals: Status Report 14 September 2021
	Resolution number REG/2021/62 MOVED by Cr L Cooper, seconded by Member G Wilcox: That the Regulatory Committee: a)      receive the Resource Consents Appeals: Status Report 14 September 2021. CARRIED

12	Summary of Regulatory Committee Information - updates, memos and briefings - 14 September 2021
	Resolution number REG/2021/63 MOVED by Cr L Cooper, seconded by Cr J Bartley: That the Regulatory Committee: a)      note the progress on the forward work programme appended as Attachment A of the agenda report. b)      receive the summary of Regulatory Committee Information – updates, memos and briefings – 14 September 2021. CARRIED

13	Objection to stormwater works at 45 Ridge Road, Howick
	Note:   This item was withdrawn.

14        Consideration of Extraordinary Items

There was no consideration of extraordinary items.

10.39am                                             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:.......................................................