Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN MINUTES

 

 

 

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

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

 

 

Cr Fa’anana Efeso Collins

From 10.03am, Item 2

Until 11.30 Item 12

 

Cr Shane Henderson

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

From 11.00am, Item 12

Until 11.30am, Item 12

 

Member Glenn Wilcox

 

 

Cr Paul Young

 

 

ABSENT

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

Deputy Mayor Cr Bill Cashmore

 

 

ALSO PRESENT

 

 

Victoria Short, Deputy Chair

Hibiscus and Bays Local Board

 

Leanne Willis, Member

Hibiscus and Bays Local Board

 

Andy Dunn, Member

Hibiscus and Bays Local Board

 

 

 

 


Regulatory Committee

14 December 2021

 

 

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

Cr L Cooper

ü

IMSB Chair David Taipari

x

Cr J Bartley

 

IMSB Member Glenn Wilcox

ü

Cr C Casey

ü

Cr S Stewart

ü

Cr E Collins

 

Cr P Young

ü

Cr S Henderson

ü

Mayor P Goff

x

Cr D Newman

ü

Deputy Mayor B Cashmore

x

 

 

1          Apologies

 

Resolution number REG/2021/81

MOVED by Cr L Cooper, seconded by Cr S Henderson:   

That the Regulatory Committee:

a)         accept the apologies from:

Absence

Mayor Phil Goff
Deputy Mayor Bill Cashmore

Lateness

IMSB Chair David Taipari

Early Departure

Cr Efeso Collins

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

Cr E Collins entered the meeting 10.03am

 

 

3          Confirmation of Minutes

 

Resolution number REG/2021/82

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, 9 November 2021, 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

 

6.1

Local Board Input: Hibiscus and Bays Local Board - Notice of Motion - Summer set net control

 

A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment

 

Resolution number REG/2021/83

MOVED by Cr L Cooper, seconded by Cr C Casey:  

That the Regulatory Committee:

a)      receive the Hibiscus and Bays Local Board input regarding the Notice of Motion: Summer set net control at Matakatia Bay, and thank Hibiscus and Bays Local Board Deputy Chair Victoria Short and member Leanne Willis for attending the meeting.

CARRIED

 

Attachments

a     14 December 2021, Regulatory Committee meeting Item 6.1: Local Board Input: Hibiscus and Bays Local Board - Notice of Motion - Summer set net control - Presentation

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

8

Hibiscus and Bays Local Board Decision:  Notice of Motion - Member L Willis - Summer set net control

 

Resolution number REG/2021/84

MOVED by Cr L Cooper, seconded by Cr D Newman:  

That the Regulatory Committee:

a)      consider the recommendation of the Hibiscus and Bays Local Board, which was made at its 16 September 2021 business meeting, regarding the implementation of a seasonal set net control at Matakatia Bay.

b)        request through the Chief Executive that the General Manager responsible for bylaws, provide a report early in 2022, on the scope, process and resourcing to make a set net ban under the Auckland Council Public Safety and Nuisance Bylaw 2013 .

CARRIED

 



9

Appointment of Hearings Panel to hear submissions on the draft Regional Parks Management Plan

 

A decision was made at the Parks Arts Community and Events Committee meeting on 2 December 2021 with a recommendation to the Regulatory Committee.  The recommendation was circulated to members prior to the meeting.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minute’s attachment.

 

Note:   changes were made to the original motion amending clause a) and adding new clauses d) and e), as a chairperson’s recommendation.

 

Resolution number REG/2021/85

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

That the Regulatory Committee:

a)      appoint independent commissioners James Whetu and David Hill, two elected members and an Independent Māori Statutory Board member to form a hearings panel to consider submissions received on the draft Regional Parks Management Plan

b)      direct that the hearings panel will consider the written submissions received, input from local boards and mana whenua, hear oral submissions and make recommendations for changes to the draft Regional Parks Management Plan in accordance with the Reserves Act 1977 and other relevant legislation, for consideration by the Parks, Art, Community and Events Committee

c)      delegate authority to the Chairperson of the Regulatory Committee to make replacement appointments should any panel member appointed under recommendation a) above be unavailable

d)      receive and endorse the recommendation from the Parks, Arts, Community and Events Committee that Cr L Cooper and Cr C Fletcher, and Independent Māori Statutory Board member Glenn Wilcox be appointed to the Hearings Panel that will hear submissions, deliberate and make recommendations on public feedback to the proposed Regional Parks Management Plan Review

e)      appoint Cr L Cooper to chair the Hearings Panel that will hear submissions, deliberate and make recommendations on public feedback to the proposed Regional Parks Management Plan Review

CARRIED

 

Attachments

a     14 December 2021 - Regulatory Committee Item 9: Appointment of Hearings Panel to hear submissions on the draft Regional Parks Management Plan - Parks, Arts, Community and Events Committee Decision 2 December 2021

 

 


 

 

 

10

Resource Consents Appeals: Status Report 14 December 2021

 

Resolution number REG/2021/86

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

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 14 December 2021

CARRIED

 

 

11

Summary of Regulatory Committee Information - updates, memos and briefings - 14 December 2021

 

Resolution number REG/2021/87

MOVED by Cr L Cooper, seconded by Cr S Stewart:  

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 report 14 December 2021

CARRIED

 

 

12

Objections to stormwater works at 11 Spode Place and 21 Border Road, Henderson

 

IMSB Chair D Taipari entered the meeting at 11.00 am.

 

The hearing commenced 10.35am in relation to the objection by the owners of 11 Spode Place pursuant to section 181 and clause 1(e) of Schedule 12 of the Local Government Act 2002.

Mark Dunlop –  Senior Healthy Waters Specialist and Gerhard Van Rooyen – Senior Healthy Waters Specialist, Auckland Council (the applicant) provided an overview of the application, addressed the committee in support and responded to questions from the committee.

Colette Kane, owner 11 Spode Place, was in attendance and spoke to their 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 11.23am

 

 

13

Objection to a menacing dog classification - Moala

 

This item was deferred to the February 2022 meeting of the Regulatory Committee.

 


 

 

 

The meeting adjournment at 11.24am and reconvened at 11.30am

 

IMSB Chair David Taipari and Cr Efeso Collins were not present.

 

 

 

14

Objection to a menacing dog classification - Frykberg

 

The hearing commenced at 11.30am in relation to the objection against the menacing dog classification (Braco).

The objector Gordon Frykberg was in attendance and addressed the committee and responded to questions.

Chrisna Nortje – Principal Specialist Animal Management and Carly Triska – Team Leader Animal Management Central, Auckland Council, addressed the committee and outlined the classification and responded to questions.

The objector was given the opportunity to reply to the matters raised by council and provide the committee with final comments.

The hearing concluded at 12.11pm.

 

 

 

The meeting adjourned at 12.12pm and reconvened at 12.18pm.

 

 

 

15

Objection to disqualification of dog owner - Whitcombe

 

The hearing commenced at 12.18pm in relation to the objection against disqualification of dog owner.

The objector Amanda Whitcombe was in attendance, addressed the committee and responded to questions.

Chrisna Nortje – Principal Specialist Animal Management, Carly Triska – Team Leader Animal Management Central and Aaron Neary – Team Leader Animal Management Central West, Auckland Council, addressed the committee and outlined the disqualification and responded to questions.

The objector was given the opportunity to reply to the matters raised by council and provide the committee with final comments.

The hearing concluded at 12.47pm.

 

 

 


 

 

Procedural motion to exclude the public

Resolution number REG/2021/88

MOVED by Cr L Cooper, seconded by Cr D Newman:  

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:

12        Objections to stormwater works at 11 Spode Place and 21 Border Road, Henderson

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.

13        Objection to a menacing dog classification – Moala

This item was deferred to the February 2022 meeting of the Regulatory Committee.

14        Objection to a menacing dog classification - Frykberg

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 33A of

the Dog Control Act 1996

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.

15        Objection to disqualification of dog owner - Whitcombe

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 33A of

the Dog Control Act 1996

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

 

 

 

12.49pm          The public was excluded.

 

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and will be available in the open minutes.

 

 

1.26pm            The public was re-admitted.

 

 

restatementS

 

 

It was resolved while the public was excluded:

 

 

12

Objections to stormwater works at 11 Spode Place and 21 Border Road, Henderson

 

Note:   changes were made to the original motion deleting the original clause c) and adding a new clause c)

 

Resolution number REG/2021/88

MOVED by Cr L Cooper, seconded by Cr D Newman:  

a)      hear and determine the Objections by the owners of 11 Spode Place and 21 Border Road pursuant to clause 1(e) of Schedule 12 of the Local Government Act 2002

b)      resolve that the Council proceed with the construction of the new public stormwater network from 18 Imperial Place across land at 11 Spode Place to the Opanuku Stream (as shown in (see Attachment E – Temporary Works and Attachment F – Permanent Works to the agenda report), pursuant to clause 1(e) of Schedule 12 of the Local Government Act 2002

c)      resolve that the Council consult with the owners of 11 Spode Place regarding the species and size of trees to be reinstated and the materials and height of the fence to be reinstated.           

Restatement

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

CARRIED

 

Reason for decision:

 

The objector raised a number of concerns regarding the proposed work including safety and security while works were being undertaken, access through her property, the risk of Covid from workers, loss of amenity from mature trees being removed and damage to the property.

 

Healthy Waters clarified that access would not be required through the objector’s property and that the work are would be secured by a temporary solid wood fence that would remain in place for the duration of the works.  All contractors are required to be double vaccinated.  Dilapidation and settlement surveys will be undertaken before and after the works.  Healthy Waters staff are willing to consult the objector as to the size and species of replacement specimen trees as well as materials and dimensions of a permanent boundary fence.

 

The Committee consider that this project has a number of very positive benefits to the wider community, including alleviating flooding for 21 properties and ensuring that closed landfill leachate does not continue to discharge into the waterway.  Many of the concerns raised by the Objector have been clarified or addressed.  Any injurious affection claim will be addressed at the conclusion of the works and after site reinstatement. The Committee considers that the works are necessary for stormwater drainage improvements.

 

For the reasons given above, the Committee resolves that the Council proceed with the construction of the new public stormwater network from 18 Imperial Place across land at 11 Spode Place to the Opanuku Stream.

 

 

13

Objection to a menacing dog classification - Moala

 

This item was deferred to the February 2022 meeting of the Regulatory Committee.

 

 

14

Objection to a menacing dog classification - Frykberg

 

Resolution number REG/2021/89

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

That the Regulatory Committee:

a)      hear and determine the objection to the menacing classification, and

b)      uphold the menacing classification

Restatement

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

CARRIED

 

 

Reason for decision:

 

The Objector, Mr Frykberg described how approximately 150m from home, he allowed his dog Braco off its leash to run the rest of the way home.  Mr Frykberg accepted that he was aware it was unlawful for the dog to be off-leash on a public road.

 

Mr Frykberg’s dog attacked a child who was on a bike with his mother walking a small dog.  His evidence was that the mother became hysterical and that the boy was kicking out at his dog and that this caused his dog to investigate the noise and an attack occurred. He states that his dog is not aggressive.

 

The objector stated that there was no bite, merely a ‘nip’ and the wound was minor. However, it is clear from photos taken after the attack that the victim’s skin was grazed and there is a large circular bruise consistent with a bite – that is the clamping down of the dog’s jaw on the victim.

 

Mr Frykberg’s dog has not been neutered because of its age, although he says he intends to do so when it is over 18 to 20 months old.

 

The Committee considers that while Mr Frykberg stated he takes full responsibility for the attack that occurred, his submissions demonstrated a lack of understanding that his dog did bite a person and the seriousness of such an incident.  While Mr Frykberg stated he would never allow a similar incident to occur, the Committee considers that a similar situation could occur in an off-leash area where there may be noise and other people or animals running about.  The Committee also considers that Braco may continue to be a risk until he is neutered.

 

In these circumstances, the Committee considers that it is appropriate to uphold the menacing classification.

 

 

15

Objection to disqualification of dog owner - Whitcombe

 

Resolution number REG/2021/90

MOVED by Cr L Cooper, seconded by Member G Wilcox:  

That the Regulatory Committee:

a)      hear and determine the objection, and

b)      uphold the disqualification but bring the date of termination forward to 13 February 2024.

Restatement

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

CARRIED

 

Reason for decision:

 

Ms Whitcombe submitted that she had done everything she could to address the barking of her dogs and that she did listen to the advice provided by Animal Management officers. Ms Whitcombe did not provide any other reasons as to why her objection should be upheld.

 

The Committee considers that Ms Whitcombe does not understand the legal obligations and responsibilities of a dog owner.  This was evident from her answers to questions and lack of awareness as to the infringements issued to her over a period of time.  The infringements are serious and include a menacing dog roaming which poses a danger to the public and road-users. Ms Whitcombe denied whether her dogs were responsible for some of the infringements,  but did not dispute them at the time.

 

Many of the infringements occurred while she was a probationary owner. Three further breaches of the Dog Control Act occurred after receive notice of disqualification, including for roaming and not being registered.

 

The evidence of non-compliance presented by Animal Management Officers was extensive and demonstrates that Ms Whitcombe should not be allowed to own a dog.  In these circumstances, the Committee consider it is appropriate that the disqualification is upheld and the period of disqualification reduced to 13 February 2024 as recommended by staff.

 

 

 

 

16        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

 

1.26pm                                               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:.......................................................