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Regulatory
Committee
08 February
2022
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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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Cr J Bartley
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IMSB Member Glenn Wilcox
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ü
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Cr C Casey
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ü
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Cr S Stewart
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ü
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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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1 Apologies
2 Declaration
of Interest
There were no
declarations of interest.
3 Confirmation
of Minutes
4 Petitions
There were no
petitions.
5 Public
Input
There was no
public input.
6 Local
Board Input
There was no local
board input.
7 Extraordinary
Business
There was no
extraordinary business.
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9
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Summary of Regulatory Committee Information
- updates, memos and briefings - 8 February 2022
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Note: Cr Paul Young
entered the meeting at 10.05am.
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Resolution
number REG/2022/4
MOVED by Cr L Cooper, seconded by Cr S Henderson:
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 8 February 2022.
CARRIED
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10
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Objection to menacing dog classification -
Moala
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The hearing
commenced at 10:07am in relation to the objection against the menacing dog
classification (Heilala). The objector Sione Moala was not in
attendance.
Chrisna Nortje – Principal Specialist Animal
Management addressed the committee and outlined the classification and
responded to questions.
The hearing concluded at 10:30am
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Public Excluded
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Resolution
number REG/2022/5
MOVED by Cr L Cooper, seconded by Cr S
Henderson:
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:
10 Objection to
menacing dog classification - Moala
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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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10.32am The
public was excluded.
Resolutions in
relation to the confidential items are recorded in the confidential section of
these minutes and will be publicly available in the open minutes.
10.47am The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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10
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Objection to menacing dog classification - Moala
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Note: Cr Efeso Collins joined
the meeting at 10.33am, took part in the discussion, but did not vote on the matter.
IMSB Chair David Taipari joined the meeting at 10.40am.
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Resolution number REG/2022/6
MOVED by Cr L Cooper, seconded by Cr J Bartley:
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 did not appear at
the hearing in support of his objection. By way of brief summary, the grounds
raised by Mr Moala in his objection and correspondence are that there was
insufficient evidence that his dog Heilala attacked the victim as Mr Moala
owns two German Shepherd dogs. Mr Moala stated in email correspondence
that the victim said the dog had no collar and that Heilala always wears a
collar, but his other dog did not as he was waiting for its registration tag
to arrive. Mr Moala also stated that another dog without a collar may
have committed the attack.
Mr Moala has not provided any
information confirming that Heilala has been desexed. Mr Moala has
stated that his dogs are registered and he has made efforts to ensure the
property is secure and has purchased a muzzle. However, Mr Moala had
previously been issued a warning after Heilala rushed a passer-by and her dog
on 24 November 2020 and stated that “Our dogs do not stray far if the
accidentally get out”.
The Committee received evidence
that occupants of the property confirmed that both dogs were missing and the
objector confirmed that an occupier of his property had left the kennel gate
open. The dog attack victim was shown photographs of both Mr
Moala’s dogs and Heilala was identified as the dog that attacked. On
the complainant statement next to the box stating ‘collar’, the
complainant has written “not sure”. The Committee is
satisfied that evidence establishes that Heilala committed the attack and
poses an ongoing threat to people and animals and therefore upholds the
menacing classification.
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11 Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
10.47am 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:.......................................................
