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Date: Time: Meeting Room: Venue:
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Tuesday 9 November 2021 10.00am This meeting will be held remotely and can be viewed on the Auckland Council website https://councillive.aucklandcouncil.govt.nz/ |
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Regulatory Committee
OPEN ATTACHMENTS
Additional Attachments Under Separate Cover
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10 Summary of Regulatory Committee Information - updates, memos and briefings - 9 November 2021
B. Hearings held, hearing panels and hearing outcomes October 2020 – September 2021 13
C. Court of Appeal’s decision on council’s Proposed Local Alcohol Policy and next steps 29
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09 November 2021 |
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Kōmiti
Whakahaere ā-Ture / Regulatory Committee 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. |
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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 |
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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 |
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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 |
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Animal management Bylaw Review Community and Social Policy |
This Bylaw promotes responsible animal ownership, including minimising impact on neighbours, the public and preventing damage.
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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 Options Report 17 November 2020 Decision Report 11 May 2021
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Boarding Houses Inspection Licensing & Regulatory Compliance |
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 |
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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.
Progress to Date: Decision report 14 September 2021
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Objection hearings under section 181 of the Local Government Act |
The committee hears and determines objections to proposed stormwater works on private properties pursuant to section 181 of the Local Government Act 2002 |
Decision on whether the council can proceed with works on the public stormwater network on private land. Hearings will be undertaken by the committee as the need arises. |
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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 Options report 17 August 2021 Decision report 14 September 2021
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Regional Parks Management Plan Review Service Strategy and Integration |
The process for review of this plan under the Reserves Act 1977 requires hearings to occur after written submissions on the draft plan. Consultation is due to start in late November 2022 (subject to approval by the PACE Committee), with hearings anticipated to occur in mid-2022. |
Decision to appoint hearings commissioners for the Regional Parks Management Plan review. |
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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 Options report 13 October 2020 Detailed Options report 20 April 2020 Decision report 17 August 2021
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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 Options Report 16 March 2021 Decision report 17 August 2021
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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 Options Report 16 February 2021 Decision report 11 May 2021 |
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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.
Progress to Date: Decision Report 14 September 2021
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Resource Consents Appeal Update Resource Consents |
To provide oversight of the appeals received to resource consent decisions. |
Information purposes Monthly report |
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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 Memo update: Hearings held April 2020 to March 2021 11 May 2021 Link to PowerPoint presentation
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Completed |
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Lead Department |
Area of work |
Committee role (decision and/or direction) |
Decision |
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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 Options
Report 9 May 2019 Recommendation for Statement of Proposal
1 September 2020 Adopt Statement of Proposal –
Governing Body 29 October 2020 |
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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 2019/2020 Animal Management Annual Report
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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 |
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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 Direction
Report 9 May 2019 Proposal
to amend 1 September 2020 Adopt
Statement of Proposal – Governing Body 24 September 2020 Adopt the amended Cemeteries and Crematoria Bylaw 2014 |
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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 |
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Community and Social Policy |
Food Bylaw Review |
Appoint Bylaw Panel Decision on bylaw - Due to COVID-19 the decision went to the Governing Body |
Adoption 30 April 2020 |
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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 |
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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.
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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 findings review 13 October 2020 |
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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 Options
Report 23 June 2020 Recommend statement of proposal 13 October 2020 Adopt
statement of proposal – Governing Body – 29 October 2020 |
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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 Review
findings – Governing Body – 29 October 2020 |
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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 30 April
2020, due to COVID19 appointment of District Licensing Committee went go to
Emergency Committee Appointment
of DLC Committee 30 April 2020 Approval
to commence recruitment RMA Commissioners 23 June 2020 Adoption of the Regulatory Committee policy 28 July 2020 Recommendation for the appointment of independent
hearings commissioners |
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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 COVID-19 findings report went to Emergency Committee Findings
Report 28 May 2020-Emergency Committee Review Options 23 June 2020 Recommendation for Statement of Proposal 16 February 2021 Adopt Statement of Proposal – Governing Body – 25 February 2021 |
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Kōmiti Whakahaere ā-Ture / Regulatory
Committee 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. |
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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 2022 |
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Feb |
Mar |
Apr |
May |
Jun |
Jul |
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Sep |
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Nov |
Dec |
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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 |
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