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Regulatory
Committee
14 December
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.
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Cr L Cooper
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IMSB Chair David Taipari
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x
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Cr J Bartley
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IMSB Member Glenn Wilcox
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Cr C Casey
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Cr S Stewart
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Cr E Collins
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Cr P Young
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Cr S Henderson
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Mayor P Goff
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Cr D Newman
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Deputy Mayor B Cashmore
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x
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1 Apologies
2 Declaration
of Interest
There were no
declarations of interest.
Cr E Collins
entered the meeting 10.03am
3 Confirmation
of Minutes
4 Petitions
There were no
petitions.
5 Public
Input
There was no
public input.
6 Local
Board Input
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6.1
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Local Board Input: Hibiscus and Bays Local
Board - Notice of Motion - Summer set net control
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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
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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
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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
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7 Extraordinary
Business
There was no
extraordinary business.
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8
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Hibiscus and Bays Local Board
Decision: Notice of Motion - Member L Willis - Summer set net control
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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
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9
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Appointment of Hearings Panel to hear
submissions on the draft Regional Parks Management Plan
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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.
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Note: changes were made to the original motion amending clause a) and adding new clauses d) and e), as a chairperson’s
recommendation.
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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
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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
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11
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Summary of Regulatory Committee Information
- updates, memos and briefings - 14 December 2021
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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
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12
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Objections to stormwater works at 11 Spode
Place and 21 Border Road, Henderson
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IMSB Chair D Taipari entered the meeting at 11.00
am.
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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
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13
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Objection to a menacing dog classification -
Moala
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This item was deferred to the February 2022 meeting of the
Regulatory Committee.
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The meeting adjournment at 11.24am and
reconvened at 11.30am
IMSB Chair David Taipari and Cr Efeso
Collins were not present.
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14
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Objection to a menacing dog classification -
Frykberg
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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.
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The meeting adjourned at 12.12pm and
reconvened at 12.18pm.
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15
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Objection to disqualification of dog owner -
Whitcombe
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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.
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Procedural motion to exclude the public
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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
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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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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
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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 33A of
the Dog
Control Act 1996
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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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15 Objection
to disqualification of dog owner - Whitcombe
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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 33A of
the Dog
Control Act 1996
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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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12.49pm 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:
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12
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Objections to stormwater works at 11 Spode Place and 21
Border Road, Henderson
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Note: changes were made to
the original motion deleting the original clause c) and adding a new clause
c)
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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
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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.
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13
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Objection to a menacing dog classification - Moala
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This item was
deferred to the February 2022 meeting of the Regulatory Committee.
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14
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Objection to a menacing dog classification - Frykberg
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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
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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.
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15
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Objection to disqualification of dog owner - Whitcombe
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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
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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.
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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:.......................................................
