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Regulatory
Committee
12 October
2021
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Note: a roll-call was conducted that ascertained the following members
were in attendance at the commencement of the meeting: ü
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Cr L Cooper
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ü
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IMSB Chair David Taipari
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ü
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Cr J Bartley
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ü
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IMSB Member Glenn Wilcox
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ü
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Cr C Casey
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ü
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Cr P Young
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ü
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Cr E Collins
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ü
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Deputy Mayor B Cashmore
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ü
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Cr S Henderson
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ü
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1 Apologies
2 Declaration
of Interest
There were no declarations
of interest.
3 Confirmation
of Minutes
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.
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8
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Animal Management Annual Report 2020 - 2021
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Note: changes
to the original motion, amending clause a), were made with the agreement of
the meeting.
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Resolution
number REG/2021/66
MOVED by Cr C Casey, seconded by Cr L Cooper:
That
the Regulatory Committee:
a) receive
the 2020/2021 Animal Management Annual Report.
b) note
that the Animal Management Annual Report is required under Section 10A of the
Dog Control Act 1996, and that the report will be published on the Auckland
Council website, and a link to the report forwarded to the Department of
Internal Affairs.
CARRIED
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10
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Summary of Regulatory Committee Information
- updates, memos and briefings - 12 October 2021
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Resolution
number REG/2021/68
MOVED by Cr L Cooper, seconded by Cr E Collins:
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 – 12 October 2021.
CARRIED
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Cr J Bartley retired from the meeting at
10.42am.
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11
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Objection to stormwater works at 1 Enfield
Street, Mount Eden
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The hearing
commenced 10.42am in relation to the objection by the owners of 1 Enfield
Street, Mount Eden pursuant to section 181 and clause 1(e) of Schedule 12 of
the Local Government Act 2002.
Leigh
Steckler, Principal – Sustainable Outcomes, Haydn Ellis, Healthy Waters
Specialist,
Shaun
McAuley, Commercial Partnerships Team Manager, Auckland Council; Nick Adams,
Link Alliance, and Stephen Quinn, DLA Piper (the applicant) provided an
overview of the application, addressed the committee in support, provided a
PowerPoint presentation, and responded to questions from the committee.
Kalev
Crossland – Shieff Angland Lawyers, Charlie Waide – Waide
Construction and Jason Ellingham on behalf of the objector were in attendance
and spoke to his objection to the proposed stormwater works and responded to
questions from the committee.
Auckland
Council responded to matters raised during the hearing.
The hearing
concluded at 12.06pm.
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Attachments
a 12 October 2021, Regulatory Committee, Item 11
- Objection to stormwater works at 1 Enfield Street, Mount Eden - PowerPoint
presentation
b 12 October 2021, Regulatory Committee, Item 11
- Objection to stormwater works at 1 Enfield Street, Mount Eden - Supporting
Document 1
c 12 October 2021, Regulatory Committee, Item 11
- Objection to stormwater works at 1 Enfield Street, Mount Eden - Supporting
Document 2
d 12 October 2021, Regulatory Committee, Item 11
- Objection to stormwater works at 1 Enfield Street, Mount Eden - Supporting
Document 3
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The meeting adjourned at 11.46am and
reconvened at 11.55am.
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Public Excluded
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Resolution
number REG/2021/69
MOVED by Cr L Cooper, seconded by Cr C Casey:
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 stormwater works at 1 Enfield Street, Mount Eden
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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.
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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.
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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
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12.10am 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.
12.18pm The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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Objection to stormwater works at 1 Enfield Street,
Mount Eden
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Resolution
number REG/2021/70
MOVED
by Cr L Cooper, seconded by Cr C Casey:
That
the Regulatory Committee:
a) hear
and determine the objections by the owner of 1 Enfield Street according to
clause 1(e) of Schedule 12 of the Local Government Act 2002.
b) resolve
that the council will proceed with the construction of a permanent manhole on
1 Enfield Street to enable a connection to be made to the public stormwater
network (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.
CARRIED
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Reasons for decision:
The Objector raised several
points in support of their objection.
The first issue raised was that
Healthy Water’s notice under s181 and Schedule 12 of the Local
Government Act 2002 (LGA) for the proposed works was defective as it
incorrectly referenced s63 of the Public Works Act 1981 (PWA).
While s181(6) of the LGA states
that s181 applies subject to the PWA as to compensation for injurious
affection to land, that is not the purpose of this objection hearing.
The purpose of this hearing is to consider whether access to the private land
is necessary for the construction of stormwater drainage.
Compensation is not a matter that
the Regulatory Committee can determine – it is not within the
Regulatory Committee’s Terms of Reference and is a separate statutory
process. The Objector’s lawyer did not provide any case law to support
his assertion that the PWA trumps the LGA on this issue or that the PWA
process must come first. Regardless, no valuation evidence was provided by
the objector as to injurious affection.
Schedule 12 of the LGA sets out
the requirements of a s181 notice. Schedule 12 does not make any reference to
the PWA. The Objector did not argue that the s181 notice was deficient in any
other way or that it did not adequately understand the proposed works. The
Committee finds that the s181 notice was valid.
The second issue raised by the
Objector (and related to the first issue) is the impact of the proposed works
on the Objector’s site and loss of development opportunity. The
Objector’s representative gave evidence that the zone of influence of
the works prevented the Objector’s ability to construct a 5 storey
building over the manhole. However, Healthy Waters presented evidence from an
engineer that it would be possible to pile around the manhole outside the
zone of influence and further development is not precluded. The
Committee accepts this engineering evidence. The Objector retains the
right to make a claim for injurious affection under the PWA.
The third issue raised by the
Objector is that Healthy Waters had not considered appropriate alternative options
before issuing the section 181 notice. No evidence was provided to support
that objection point. Healthy Waters presented evidence that it had
discussions with the objector and considered alternatives before issuing a
s181 notice. Heathy Waters confirmed that a copy of the alternatives
assessment was provided to the Objector. In response to questions from the
Committee, the Objector’s legal representative and client
representative were unable to identify any alternative options that Healthy Waters
had failed to consider. Alternative options were assessed in the Agenda
Report and the Committee is satisfied that alternatives were adequately
considered by Heathy Waters.
The work proposed by Healthy
Waters is to convert an existing temporary private manhole to a permanent
public manhole. The drainage that is to connect to the public manhole
is already in place. The Committee is satisfied that access to the site is
necessary for this public stormwater drainage work to proceed. The Committee
is also satisfied that the drainage work itself is necessary to serve the
public network, for the reasons set out in the Agenda Report, including in
‘Table 1 – Analysis of Alignment Options Against Various
Criteria’. The Committee records that the Objector accepted that the
proposed work was necessary and provided no evidence to the contrary.
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12 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
12.18 pm 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:.......................................................
