Agenda of Regulatory Committee - Tuesday, February 8, 2022

Terms of Reference

Responsibilities

The committee is responsible for regulatory hearings (required by relevant legislation) on behalf of the council. The committee is responsible for appointing independent commissioners to carry out the council’s functions or delegating the appointment power (as set out in the committee’s policy). The committee is responsible for regulatory policy and bylaws. Where the committee’s powers are recommendatory, the committee or the appointee will provide recommendations to the relevant decision-maker.

The committee’s key responsibilities include:

· decision-making (including through a hearings process) under the Resource Management Act 1991 and related legislation

· hearing and determining objections under the Dog Control Act 1996

· decision-making under the Sale and Supply of Alcohol Act 2012

· hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002 (this cannot be sub-delegated)

· hearing and determining matters arising under bylaws

· appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Regulatory Committee

· deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing

· monitoring the performance of regulatory decision-making

· where decisions are appealed or where the committee decides that the council itself should appeal a decision, directing the conduct of any such appeals

· considering and making recommendations to the Governing Body regarding the regulatory and bylaw delegations (including to Local Boards)

· recommending bylaws to the Governing Body for consultation and adoption

· reviewing local board and Auckland water organisation proposed bylaws and making recommendations to the Governing Body

· appointing panels to hear and deliberate on public feedback related to regulatory policy and bylaw matters

· deciding regulatory policies that are not otherwise the responsibility of another committee

· deciding regulatory policies, standards and controls associated with bylaws including those delegated to the former Regulatory and Bylaws Committee, under resolution GB/2012/157 (dogs) and GB/2014/121 (alcohol)

· receiving local board feedback on bylaw and regulatory policy development and review

· adopting or amending a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision-making” is used to encompass a range of decision-making processes including through a hearing. “Decision-making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates, certificates of compliance, regulatory policy and bylaws and also includes all necessary related decision-making.

In adopting a policy or policies and making any sub-delegations, the committee must ensure that it retains oversight of decision-making and that it provides for councillors to be involved in decision-making in appropriate circumstances.

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the chief executive’s Delegations Register) to hearings commissioners and staff relating to decision-making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Regulatory Committee.

Relevant legislation includes but is not limited to:

All Bylaws

Biosecurity Act 1993

Building Act 2004

Dog Control Act 1996

Fencing of Swimming Pools Act 1987

Gambling Act 2003

Health Act 1956

Land Transport Act 1998

Local Government Act 1974

Local Government Act 2002

Local Government (Auckland Council Act) 2009

Maritime Transport Act 1994

Psychoactive Substances Act 2013

Resource Management Act 1991

Sale and Supply of Alcohol Act 2012

Waste Minimisation Act 2008

Related Regulations

Powers

(i) All powers necessary to perform the committee’s responsibilities.

Except:

(a) powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b) where the committee’s responsibility is limited to making a recommendation only.

(ii) Power to establish subcommittees.

Code of conduct

For information relating to Auckland Council’s elected members code of conduct, please refer to this link on the Auckland Council website - https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/elected-members-remuneration-declarations-interest/Pages/elected-members-code-conduct.aspx

Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Other staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Council Controlled Organisations

· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

No.	Title	Page
a ⇩	Current Resource Consent Appeals as at 25 January 2022	13

No.	Title	Page
a ⇩	Regulatory Committee forward work programme	27
b	Memo: Property Maintenance and Nuisance Bylaw (Under Separate Cover)
c	Memo: Signs Bylaw 2022 - Update on Public Consultation (Under Separate Cover)

Regulatory Committee

08 February 2022

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
Area of work and Lead Department	Reason for work	Committee role (decision and/or direction)	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										ü
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									ü
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	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

08 February 2022

Objection to menacing dog classification - Moala

File No.: CP2022/00278

Te take mō te pūrongo

Purpose of the report

1. To hear and determine the objection by Mr Moala against the classification of his dog, Heilala, as a menacing dog under section 33A of the Dog Control Act 1996 (DCA).

Whakarāpopototanga matua

Executive summary

2. Mr Moala is the owner of a 2-year and 2-month-old German Shepherd entire female dog called Heilala, and a 1-year and 5-month German Shepherd entire male dog called Stevie.

3. On 18 March 2021 Animal Management received a complaint that a German Shepherd dog had attacked a jogger near the driveway of the Mr Moala’s property. The dog was identified as Heilala from photos taken by the investigating animal management officer.

4. Section 33A of the DCA provides that the Auckland Council may classify a dog as menacing when it considers that that dog may pose a threat to any person, stock, poultry, domestic animal, or protected wildlife because of any reported behaviour of the dog.

5. Where a dog is classified as menacing the owner of the dog must:

a) Not allow the dog to be at large or in any public place, or in any private way, without it being muzzled; and

b) Within one month after service of the notice provide a certificate by a veterinarian that the dog is or has been de-sexed. If the dog is not in a fit condition to be de-sexed within that time, the dog owner must provide a certificate by a veterinarian explaining the reasons for that and specifying the date by when the dog can be de-sexed.

6. On 18 March 2021 Animal Management classified Heilala as menacing by deed because it considered that the dog may pose a threat to the safety of persons or animals. The notice of classification was served on Mr Moala on 27 March 2021 (Attachment A).

7. On 30 March 2021 Mr Moala objected to the classification (Attachment B). The crux of his objection is that it was not Heilala that attacked the complainant but could have been Stevie.

8. On 27 April 2021 the job sheet and statements relating to the complaint were disclosed to Mr Moala in response to a request under the Local Government Official Information and Meetings Act 1987. On 4 May 2021 in response to this disclosure Mr Moala explained that the classification was unfair because the reasons for Heilala to attack the person had not been considered (Attachment C).

9. On 6 May 2021 Mr Moala paid the infringement fee of $200 issued under section 53 of the DCA for failing to control Heilala. The infringement notice number 61000309493 is filed as Attachment D.

10. The behaviour reported by the complainant involved Heilala being at large in a public place and biting the complainant on her buttock as she was running past. The attack was unprovoked and caused two puncture wounds which required medical treatment. Mr Moala explained at the time that the dog had escaped from his property after his wife had left the gate of the dogs’ kennel open.

11. This type of behaviour poses a threat to the safety of persons or animals which will be reduced if Heilala is muzzled when in public and if she is de-sexed.

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

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

b) uphold the menacing classification.

Horopaki

Context

12. The Governing Body of the Auckland Council has delegated to the Regulatory Committee the responsibility for regulatory hearings in Resolution No. GB/2019/109 which was adopted on 12 November 2019. The regulatory hearings which the Regulatory Committee is responsible include, amongst others, decisions under the DCA in relation to the consideration of objections under the DCA.

13. A dog may be classified as menacing under section 33A of the DCA if the Auckland Council considers the dog may pose a threat to the safety of persons or animals because of any reported behaviour of the dog.

14. If a dog is classified as menacing, then section 33E(1) of the DCA determines that the owner of the dog:

a) must not allow the dog to be at large or in a public place or in any private way without been muzzled, and

b) must within one month after service of the notice provide a certificate by a veterinarian that the dog is or has been de-sexed. If the dog is not in a fit condition to be de-sexed within that time, the dog owner must provide a certificate by a veterinarian explaining the reasons for that and specifying the date by when the dog can be de-sexed.

15. It is an offence under section 33EC of the DCA if an owner fails to comply with the provisions of section 33E(1) which carries a fine not exceeding $3,000. Moreover, an animal management officer may seize the dog concerned and retain custody of the dog until the owner has demonstrated a willingness to comply with these provisions.

16. An objection suspends the provisions of section 33E(1) of the DCA.

17. In considering the objection to a menacing classification by deed, the Regulatory Committee may uphold or rescind the classification having regard to:

a) The evidence which formed the basis for the classification; and

b) Any steps taken by the owner to prevent any threat to the safety of person or animals; and

c) The matters relied on in support of the objection; and

d) Any other relevant matters.

Evidence which formed the basis for the classification

18. On 18 March 2021 at about 10.30 am the complainant was jogging along Shaw Road on the same side of the road as Mr Moala’s property. She noticed a German Shepherd dog lying by the driveway of the property. She did not take notice of the dog until it suddenly appeared to her side and bit her on her left buttock. She ran across the road with the dog following her. It appeared as if the dog was going to bite her again and she shouted at it. The dog barked and returned to Mr Moala’s property. She sustained 2 puncture wounds to her buttock which required medical attention. She reported the attack to the Auckland Council later that day. She was shown photos of two German Shepherd dogs and identified Heilala as the dog that had attacked her. Her statement is filed as Attachment E.

19. On 18 March 2021 the investigating animal management officer interviewed occupants at Mr Moala’s property about their German Shepherd dogs. They then realised that their dogs were missing from the property and called Mr Moala at his work to assist the officer in finding them. The dogs were eventually found and returned home. Mr Moala admitted that his wife had failed to close the kennel gate after feeding the dogs. The officer’s statement is filed as Attachment F.

20. In line with Animal Management’s graduated enforcement policy, Mr Moala was not prosecuted for the attack but was issued with an infringement notice under section 53 of the DCA. Mr Moala did not dispute the infringement and paid the fee on 6 May 2021.

Steps taken by Mr Moala to prevent any threat to persons or animals

21. Mr Moala has not informed Animal Management whether Heilala has since this incident been desexed.

22. Animal Management is unaware of any steps taken by Mr Moala to prevent any threat by Heilala to persons or animals.

Matters relied upon in support of the objection

23. Although Mr Moala casts doubt in Attachment B whether it was Heilala that attacked the complainant, he exonerates Heilala in his email of 4 May 2021 (Attachment C) because she is kept as a guard dog. This sustains the belief that Heilala may pose a threat to people.

24. Any dog should nevertheless be confined within their property. Mr Moala was previously warned to keep Heilala confined and under control after she had rushed at a passer-by and her dog on 24 November 2020. The job notes for this complaint RFS 8100730207 are filed as Attachment G.

Tātaritanga me ngā tohutohu

Analysis and advice

25. For the following reasons it is most probable that it was Heilala and not Stevie that attacked the complainant:

· The complainant was shown photos of both Heilala and Stevie and identified Heilala as the dog that had bitten her.

· In his email of 4 May 2021 (Attachment C) Mr Moala complains that the circumstances under which Heilala bit the complainant were not considered when the decision was made to classify her as menacing.

· Mr Moala did not dispute the infringement notice.

26. The complainant was attacked on a public road. The attack was unprovoked and resulted in her having to get medical treatment for the puncture wounds sustained in the attack.

27. Heilala had previously rushed at a passer-by.

28. This type of behaviour poses a threat to persons and animals. This threat will be reduced if the dog is muzzled when it is in a public place. The threat will also be reduced if Heilala is de-sexed. One of the benefits of de-sexing a female dog is that it may reduce the dog’s unwanted aggressive behaviour when on heat or when she has puppies.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29. This is a report about an objection to the menacing classification of a dog. It has no climate impact.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30. This is a report about an objection to the menacing classification of a dog. It does not require council group views.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

31. This report has no local impact. Local Board views have not been sought.

Tauākī whakaaweawe Māori

Māori impact statement

32. This report has no impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

33. Kevin Smith, Commercial Finance Manager supporting Regulatory Services has reviewed and approved this report. The decision by the Regulatory Committee on the objection to the menacing classification has no financial implications.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34. There are no risks in upholding the classification.

Ngā koringa ā-muri

Next steps

35. The Regulatory Committee must give Mr Moala written notice of its decision as soon as practical.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A	41
b ⇩	Attachment B	43
c ⇩	Attachment C	47
d ⇩	Attachment D	49
e ⇩	Attachment E	53
f ⇩	Attachment F	67
g ⇩	Attachment G	71

Ngā kaihaina

Signatories

Author

Chrisna Nortje, Principal Specialist Animal Management

Authorisers

Eleanor Waitoa, Acting Manager Animal Management

James Hassall - General Manager, Licensing and Regulatory Compliance

Craig Hobbs - Director Regulatory Services

Chairperson	Cr Linda Cooper, JP
Deputy Chairperson	Cr Josephine Bartley
Members	Cr Dr Cathy Casey
	Deputy Mayor Cr Bill Cashmore
	Cr Fa’anana Efeso Collins
	Mayor Hon Phil Goff, CNZM, JP
	Cr Shane Henderson
	Cr Daniel Newman, JP
	Cr Sharon Stewart, QSM
	IMSB Chair David Taipari
	IMSB Member Glenn Wilcox
	Cr Paul Young

Date	Subject
24/01/22	Property Maintenance and Nuisance Bylaw Memo
27/01/22	Signs Bylaw 2022 - Update on Public Consultation Memo

Author	Sophie White - Kaitohutohu Mana Whakahaere / Governance Advisor
Authoriser	Craig Hobbs - Director Regulatory Services