Date:

Time:

Meeting Room:

Venue:

 

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/

 

Regulatory Committee

 

OPEN ATTACHMENTS

 

Additional Attachments

Under Separate Cover

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

 

10        Summary of Regulatory Committee Information - updates, memos and briefings - 9 November 2021

A.      Forward Work Programme                                                                                     3

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




Regulatory Committee

09 November 2021

 

 

 

Kōmiti Whakahaere ā-Ture / Regulatory Committee
Forward Work Programme 2021

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.

 

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

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

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

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

Animal management Bylaw Review

Community and Social Policy

This Bylaw promotes responsible animal ownership, including minimising impact on neighbours, the public and preventing damage.

 

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
Link to decision

Options Report 17 November 2020

Link to decision

Decision Report 11 May 2021

Link to decision

 

 

 

 

ü

 

 

 

 

 

 

 

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

 

 

ü

 

 

 

 

 

 

 

 

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

Link to decision

 

 

 

 

 

 

 

 

ü

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

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

Link to decision

Options report 17 August 2021

Link to decision

Decision report 14 September 2021

Link to decision

 

 

 

 

 

 

 

ü

ü

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

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
Link to decision

Options report 13 October 2020

Link to decision

Detailed Options report 20 April 2020

Link to decision

Decision report 17 August 2021

Link to decision

 

 

 

 

ü

 

 

 

ü

 

 

 

 

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
Link to decision

Options Report 16 March 2021

Link to decision

Decision report 17 August 2021

Link to decision

 

 

 

ü

 

 

 

 

ü

 

 

 

 

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

Link to decision

Options Report 16 February 2021

Link to decision

Decision report 11 May 2021

Link to decision

ü

 

 

ü

 

 

 

 

 

 

 

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

Link to decision

 

 

 

 

 

 

 

 

ü

 

 

 

Resource Consents Appeal Update

Resource Consents

To provide oversight of the appeals received to resource consent decisions.

Information purposes

Monthly report

ü

ü

ü

ü

ü

ü

ü

ü

 

 

 

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
Link to PowerPoint presentation

Memo update: Hearings held April 2020 to March 2021

Link to memo

11 May 2021

Link to PowerPoint presentation

 

 

 

 

 

ü

 

 

 

 

 

 

 

 

 


 

 

Completed

Lead Department

Area of work

Committee role

(decision and/or direction)

Decision

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
Link to decision

Options Report 9 May 2019
Link to decision

Recommendation for Statement of Proposal 1 September 2020
Link to decision

Adopt Statement of Proposal – Governing Body 29 October 2020
Link to decision

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 decision

Link to 2019/2020 Animal Management Annual Report

 

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
Link to decision

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
Link to decision

Direction Report 9 May 2019
Link to decision

Proposal to amend 1 September 2020
Link to decision

Adopt Statement of Proposal – Governing Body 24 September 2020
Link to decision

Adopt the amended Cemeteries and Crematoria Bylaw 2014

link to decision

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
Link to decision

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
Link to decision

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

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.

 

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
Link to decision

findings review 13 October 2020

Link to decision

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
Link to decision

Options Report 23 June 2020
Link to decision

Recommend statement of proposal 13 October 2020

link to decision

Adopt statement of proposal – Governing Body – 29 October 2020
Link to decision

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
Link to decision

Review findings – Governing Body – 29 October 2020
Link to decision

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
Link to decision

30 April 2020, due to COVID19 appointment of District Licensing Committee went go to Emergency Committee
Link to decision

Appointment of DLC Committee 30 April 2020
Link to decision

Approval to commence recruitment RMA Commissioners 23 June 2020
Link to decision

Adoption of the Regulatory Committee policy 28 July 2020
Link to decision

Recommendation for the appointment of independent hearings commissioners
Link to decision

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
Link to decision

Review Options 23 June 2020
Link to decision

Recommendation for Statement of Proposal 16 February 2021

Link to decision

Adopt Statement of Proposal – Governing Body – 25 February 2021

Link to decision

 


 

Kōmiti Whakahaere ā-Ture / Regulatory Committee
Forward Work Programme 2022

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.

 

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

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

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

 

 

 

 

 

 

 

 

 

 

 

 


Regulatory Committee

09 November 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Regulatory Committee

09 November 2021

 

 

PDF Creator

PDF Creator