I hereby give notice that an ordinary meeting of the Regulatory Committee will be held on:

 

Date:

Time:

Meeting Room:

 

Tuesday, 8 March 2022

10.00am

This meeting will be held remotely and a recording of the meeting will be available on: https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

 

Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

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

 

 

(Quorum 5 members)

 

 

 

Sophie White

Kaitohutohu Mana Whakahaere / Governance Advisor

 

3 March 2022

 

Contact Telephone: 021836328

Email: sophie.r.white@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 



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.

 

 


Regulatory Committee

08 March 2022

A picture containing logo

Description automatically generated

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Apologies                                                                                                                        9

2          Declaration of Interest                                                                                                   9

3          Confirmation of Minutes                                                                                               9

4          Petitions                                                                                                                          9  

5          Public Input                                                                                                                    9

6          Local Board Input                                                                                                          9

6.1     Local Board Input: Kaipātiki Local Board - Compliance and Bylaw Enforcement                                                                                                         9

6.2     Local Board Input: Devonport-Takapuna Local Board - Compliance and Bylaw Enforcement                                                                                                       10

7          Extraordinary Business                                                                                              10

8          Initiation of bylaw projects in 2022                                                                            13

9          Review of Forward Work Programme - Regulatory Committee                             21

10        Resource Consents Appeals: Status Report 8 March 2022                                    33

11        Summary of Regulatory Committee Information - updates, memos and briefings - 8 March 2022                                                                                                                   49

12        Consideration of Extraordinary Items

 


1          Apologies

 

At the close of the agenda no apologies had been received.

 

2          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

3          Confirmation of Minutes

 

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 8 February 2022, including the confidential section, as a true and correct record.

 

 

4          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

5          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

6          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

 

 

 

 

 

 

 

 

 

 

6.1       Local Board Input: Kaipātiki Local Board - Compliance and Bylaw Enforcement

Te take mō te pūrongo

Purpose of the report

1.       John Gillon, Chairperson of the Kaipātiki Local Board will speak to the committee about compliance and bylaw enforcement.

2.       This input relates to a resolution made at the 16 February 2022 meeting of Kaipātiki Local Board (Attachment A).

 

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the Kaipātiki Local Board input regarding compliance and bylaw enforcement, and thank the local board chair John Gillon for attending the meeting.

 

Attachments

a          16 February 2022 Kaipātiki Local Board Meeting - Notice of Motion - Compliance and Bylaw Enforcement............................................................. 55

 

 

6.2       Local Board Input: Devonport-Takapuna Local Board - Compliance and Bylaw Enforcement

Te take mō te pūrongo

Purpose of the report

1.       Ruth Jackson, Chairperson of the Devonport-Takapuna Local Board will speak to the committee about compliance and bylaw enforcement.

2.       This input relates to a resolution made at the 15 February 2022 meeting of Devonport-Takapuna Local Board (Attachment A).

 

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the Devonport-Takapuna Local Board input regarding compliance and bylaw enforcement, and thank the local board chair Ruth Jackson for attending the meeting.

 

Attachments

a          15 February 2022 Devonport-Takapuna Local Board Meeting - Notice of Motion - Compliance and Bylaw Enforcement............................................... 57

 


 

7          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


Regulatory Committee

08 March 2022

 

Initiation of bylaw projects in 2022

File No.: CP2022/01753

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval to start bylaw-related projects about indoor domestic fires, cemeteries, health and hygiene, off-licence alcohol signs and set net fishing at Matakatia Bay.

Whakarāpopototanga matua

Executive summary

2.       This is a process report to seek approval to start bylaw-related projects for which the Regulatory Committee has delegated responsibility.

3.       In October 2019, the council approved a new regional policy initiation process to meet co-governance and statutory requirements. This process has now been completed.

4.       Staff recommend the committee initiate the review of five bylaw-related projects in 2022 to:

·     meet legislative requirements to review the Auckland Council Air Quality Bylaw for Indoor Domestic Fires 2017

·     implement Governing Body decisions to review controls of the reviewed bylaws about health and hygiene on 22 November 2018 and cemeteries and crematoria on 25 February 2021

·     implement previous committee resolutions to investigate the regulation of off-licence alcohol signs (REG/2020/66) and assess a request for a set net fishing ban at Matakatia Bay (REG/2021/83).

5.       There is a moderate risk that key timeframes may not be met due to changes in scope or delays that arise through the process. This may result in public dissatisfaction, reputational damage and failure to meet regulatory obligations. This risk will be mitigated by careful project management and clear communication.

6.       If approved, staff will start the five bylaw related projects in 2022 following the timetable outlined in this report.

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)   whakatuu / approve the start of the review for the following five Auckland Council bylaw-related projects in accordance with the scope and timeframes outlined in the agenda report:

i)        review of the Auckland Council Air Quality for Indoor Domestic Fires Bylaw 2017

ii)       review of the Auckland Council Cemeteries and Crematoria Code of Practice 2014

iii)      review of the Auckland Council Health and Hygiene Code of Practice 2013

iv)      investigation of the regulation of signage at alcohol off-licence premises

v)      assessment of request for a set net fishing ban at Matakatia Bay.

Horopaki

Context

Auckland Council currently has 20 bylaws and associated bylaw controls

7.       Auckland Council currently has 20 bylaws. Statutory requirements under the Local Government Act 2002 require council to review most of its bylaws.

8.       Bylaw reviews determine if a bylaw is still needed and whether any changes should be made. Bylaws not reviewed on-time automatically expire after two years and a new bylaw (if required) would need to be made to avoid a regulatory gap.[1]

9.       A number of Auckland Council bylaws also provide for certain rules (collectively referred to as ‘bylaw controls’) to be made under delegated authority. This approach enables council to be more responsive to changing circumstances between statutory reviews within an approved bylaw framework. There is no statutory review or expiry date for a bylaw control.

10.     There are currently 19 bylaw reviews that have been completed or are currently underway:

 

Bylaw Topic

Bylaw Review Status

1.     Alcohol Control

Completed (amended in 2021)

2.     Animal Management

Completed (amended in 2021)

3.     Cemeteries and Crematoria

Completed (amended in 2021)

4.     Construction

Completed (to lapse in 2022)

5.     Dog Management (Policy and Bylaw)

Completed (replaced in 2019)

6.     Food Safety Information

Completed (replaced in 2020)

7.     Freedom Camping in Vehicles

In progress (due for completion in 2022)

8.     Health and Hygiene

Completed (amended in 2018)

9.     Navigation Safety

Completed (replaced in 2021)

10.  Property Maintenance

In progress (due for completion in 2022)

11.  Public Safety and Nuisance

Completed (amended in 2019)

12.  Signage

In progress (due for completion in 2022)

13.  Stormwater

In progress (due for completion in 2022)

14.  Trade Waste

Completed (amended in 2019)

15.  Trading, Events and Filming

Completed (replaced in 2021)

16.  Traffic

Delayed, to restart in 2022 (due for completion in 2024)

17.  Waste Management

Completed (replaced in 2019)

18.  Water and Wastewater

Completed (amended in 2021)

19.  Wharves

Completed (to lapse in 2022)

Five bylaw-related projects to start in 2022

11.     There are five bylaw-related projects scheduled to start in 2022 for which the Regulatory Committee has delegated responsibility as follows:

 

Bylaw Topic

Bylaw-related project

1.     Air Quality for Indoor Domestic Fires

Bylaw review

2.     Cemeteries and Crematoria

Bylaw control review (Cemeteries and Crematoria Code of Practice 2014)

3.     Health and Hygiene

Bylaw control review (Health and Hygiene Code of Practice 2013)

4.     Public Safety and Nuisance

Bylaw control assessment of a set net fishing ban request at Matakatia Bay

5.     Signage

Bylaw investigation of the regulation of signage at off-licence premises.

 

Bylaw initiation process is prescribed

12.     In October 2019, Auckland Council adopted the “Local Board Involvement in Regional Policy, Plans and Bylaws – Agreed Principles and Processes 2019” as part of its co-governance approach. This approach introduced an initiation process for regional policy including bylaw reviews that gives the committee ability to approve the scope for the bylaw review in particular:

·     its relevance to local boards

·     to appoint a joint working group for bylaw reviews that impact local governance.

 

13.     Local Board Involvement in Regional Policy, Plans and Bylaws – Agreed Principles and Processes 2019”sets out a process to assess the  level of local board input to bylaw reviews as follows:

Relevance to local boards

Level of local board input on

Options

Proposal

Deliberations

Impacts local governance[2]

ü

ü

ü

High interest[3]

û

ü

ü

Low interest[4]

û

û

ü

14.     Statutory requirements and the new co-governance initiation process determine the steps for a bylaw review (refer below diagram).

Bylaw review steps

15.     The above bylaw review process applies to the review of the Indoor Domestic Fires Bylaw and investigation of the regulation of alcohol off-licence signage.

Bylaw control review process is less prescriptive than bylaw reviews

16.     The process, timeframes and approach to review a bylaw control is less prescriptive. The process is largely determined by the nature and scale of the issue, level of decision-making, legislative requirements and best practice (typically more bespoke). For example:

·     consideration of local alcohol bans is relatively fast with a focus on whether evidence in the request meets statutory criteria

·     in contrast, a full review of the Health and Hygiene Code of Practice will require research and engagement with health professionals, cultural experts, industry bodies, affected businesses and mana whenua and mataawaka.

17.     This less prescriptive approach applies to the review of bylaw controls about cemeteries and crematoria and health and hygiene, and the assessment of a request for a set net fishing ban at Matakatia Bay.

Tātaritanga me ngā tohutohu

Analysis and advice

18.     Staff recommend the committee initiate the review of five bylaw-related projects in 2022 to:

·     meet legislative requirements to review the Auckland Council Air Quality Bylaw for Indoor Domestic Fires 2017

·     implement Governing Body decisions to review controls of the reviewed bylaws about health and hygiene on 22 November 2018 and cemeteries and crematoria on 25 February 2021

·     implement previous committee resolutions to investigate the regulation of off-licence alcohol signs (REG/2020/66) and assess a request for a set net fishing ban at Matakatia Bay (REG/2021/83).

19.     Generally, the matters in-scope for review include activities that may affect public health, safety, the use of public places or cause a nuisance. The matters in-scope and out of scope for the above five projects are:

 

Bylaw Review

Matters in scope (ü) / Matters out of scope (û)

Air Quality Bylaw for Indoor Domestic Fires

ü Includes rules for existing and new indoor domestic fires in residential properties and non-commercial buildings and what may be burnt in them.

ü Statutory findings report due 25 May 2022.

û Excludes indoor fires in commercial properties permitted in the Auckland Unitary Plan and cooking fires in commercial properties such as wood-fired pizza ovens

û Excludes affordability of home heating and insulation

û Excludes permanent outdoor fireplaces and ovens and outdoor fires

û Excludes air pollution from other sources such as vehicles and industry and air pollution from natural sources (for example, dust, pollen, sea spray, bushfires).

Cemeteries and Crematoria Bylaw Control

ü Includes rules to manage activities at council cemeteries and crematoria relating to burial, cremation, disinterment, built structures, Wāhi Tapu Māori Areas, ground maintenance and record-keeping.

û Excludes activities outside of council cemeteries and crematoria (including ash scattering) and changes to the Burial and Cremation Act 1964 or related regulations.

Health and Hygiene Bylaw Control

ü Includes minimum standards to protect public health associated with commercial services that pierce, risk breaking or risk burning the skin or tissue, therapeutic massage, colon hydrotherapy, swimming pools, water play parks and splash pads.

û Excludes services by health practitioners, acupuncturists and pharmacies.

 

 

Signage at off-licence premises

ü Includes investigation of regulatory options to restrict the size, number, content and marketing of alcohol on signage and the use of neutral colours on buildings associated with off-licence premises and visible from a council controlled public place in accordance with Regulatory Committee resolution REG/2020/66.

û Excludes all other forms of alcohol signage, including on billboard or sponsor signs, internal advertising and signs associated with on-licence alcohol premises.

Set net ban at Matakatia Bay

ü Includes assessment of a request contained in Regulatory Committee resolution REG/2021/84 in accordance with the general decision-making requirements of the Local Government Act 2002 and criteria in the Auckland Council Public Safety and Nuisance Bylaw 2013 (in particular clauses 8 and 9).

ü Includes committee report on outcome of assessment and may include limited public consultation on options with affected persons (if time allows).

û Excludes additional evidence gathering. The assessment will rely on evidence provided with the request, views of staff and Hibiscus and Bays Local Board.

Local Board involvement in the five projects

20.     The co-governance approach requires the committee to initiate the review of the Indoor Domestic Fires Bylaw and investigation of the regulation of alcohol off-licence signage. This includes approving the scope, relevance to local boards and key timeframes. For completeness, this approach has also been applied to the other four bylaw-related projects for which the committee has responsibility and scheduled to start in 2022.

Staff have undertaken an analysis of the five bylaw-related projects against their impact on the local board and community interest as follows:

 

Bylaw

Relevance

Local board input and reasons

Air Quality for Indoor Domestic Fires Bylaw

Low community interest, no impact on local governance

Local board views to be sought on public feedback to any proposed changes to the Bylaw (if any).

Reasons: Bylaw regulates activities on private properties that received low levels of public feedback last review. No local governance impact.

Cemeteries and Crematoria Bylaw Control

Impact on local governance (17 local boards)[5]

Local board views to be sought on options in response to the review of the Control, on any proposed changes (if any) and on any public feedback to proposed changes.

Reasons: Control impacts the governance of 17 local board areas in which council cemeteries and crematoria are located.5 The 17 local boards have non-regulatory decision-making authority for closed council cemeteries in their area, and the Aotea / Great Barrier Local Board has in addition delegated responsibility for operational council cemeteries on Aotea / Great Barrier Island.

Health and Hygiene Bylaw Control

Low community interest, no impact on local governance

Local board views to be sought on public feedback to any proposed changes to the Control (if any).

Reasons: Control regulates activities on private properties that received low levels of public feedback last review. No local governance impact.

Signage at off-licence premises

High community interest, no impact on local governance

Local board views to be sought on any proposal (if any) and on any public feedback to the proposal.

 

Reasons: The impact of public facing alcohol signs associated with off-licence premises is a known issue of high community interest.

Set net fishing ban at Matakatia Bay

High community interest (Hibiscus and Bays only), no impact on local governance

Local board views to be sought on any proposal (if any and if not already known from the notice of motion and resolution of the Hibiscus and Bays Local Board at its meeting on 16 September 2021) and on any public feedback (if publicly notified)

Reasons: Request is from the Hibiscus and Bays Local Board, relates to the local board area and for which set net bans has been an issue at Arkles Bay and Shakespear Regional Park.

 

Key timeframes are largely determined by complexity and local board relevance

21.     The Table below shows the timeframes for each project by quarter. The timeframes for each project are largely determined by its complexity, relevance to local boards, matters in scope, legislative process and best practice.

Key timeframes for Regulatory Committee initiated bylaw projects to start in 2022

Bylaw / Year and Quarter

2022

2023

Q1

Q2

Q3

Q4

Q1

Q2

Q3

Q4

Indoor Domestic Fires Bylaw

 

 

 

 Next steps based on options decision

Cemeteries and Crematoria

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Health and Hygiene

 

 

 

 

 

 

 

 

 

 

 

 

Signage at off-licence premises

 

 

 

 

 

 

 

 

 

 

Next steps based on options decision

Set net fishing ban Matakatia

 

 

 

 

 

 

Key:      = Discovery |      = Findings |      = Options |       = Local Board Input |      = Proposal |

      = Public Consultation |      = Decision |

Staff recommend the committee initiates five bylaw projects to start in 2022

22.     Staff recommend the committee resolve to initiate five bylaw-related projects in 2022 as identified in this report. This will enable council to meet Auckland Council’s key legislative considerations, its co-governance approach and best practice.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23.     This is a process report. Climate impact will be assessed as part of each project.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24.     This is a process report. Input will be sought from affected council units for each project.

25.     Local Board Services advice was sought to identify the relevance of each bylaw and bylaw control review to local boards (refer to the table under paragraph 18).

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

Local impacts and local board views

26.     Local board input will be sought on all bylaw-related reviews, investigations and assessments according to the assessments and scope agreed in this report.

 

 

 

 

Tauākī whakaaweawe Māori

Māori impact statement

27.     All five bylaw-related projects have relevance to the Independent Māori Statutory Board’s Schedule of Issues of Significance and Māori values for Tāmaki Makaurau as follows:

Bylaw

Māori values and issues of significance

Air Quality for Indoor Domestic Fires Bylaw

Supports Māori values of Manaakitanga (quality of life) and Kaitiakitanga (sustainable futures) in relation to Māori enjoying a high quality of life, the mauri of te taiao in Tāmaki Makaurau being enhanced or restored for all people, environmental resilience, protection and management.

Regulation can support sustainable energy use and the health of the environment particularly in winter when smoke from Auckland’s indoor domestic fires increases.

Cemeteries and Crematoria Bylaw Control

Supports Māori values of Whanaungatanga (vibrant communities), Rangatiratanga (leadership and participation), Wairuatanga (distinctive identity) and Kaitiakitanga. This relates to maintaining and protecting sites of significance and wāhi tapu, being empowered to exercise customary rights and roles, enhancing or restoring Taonga Maori and ensuring Māori retain a sense of place and identity.

Urupā are places with high cultural and spiritual significance for Maori. This Control enables Wāhi Tapu Māori areas in council-managed cemeteries and empowers Wāhi Tapu Māori Komiti to manage them.

Health and Hygiene Bylaw Control

Supports Māori values of Whanaungatanga, Rangatiratanga, Manaakitanga, Kaitiakitanga and Wairuatanga. This relates to culturally vibrant Māori communities, a skilled and capable Māori workforce, meaningful involvement in consultation and decision-making processes, customary rights, culturally appropriate practices, Māori businesses, mātauranga Māori and a distinctive Maori identity for Māori.

The Bylaw recognises the cultural and spiritual significance of Tā moko, including as a taonga protected under Te Tiriti o Waitangi. The development of this Control will draw on matauranga Maori and involve Māori in their capacity as practitioners and recipients of Tā moko, and as providers and users of all health and hygiene services.

Signage at off-licence premises

Supports Māori values of Manaakitanga, in relation to health and wellness. There is a high concentration of off-license premises in areas with high Māori populations in Tamaki Makaurau, and this has caused community concern particularly relating to exposure of tamariki and rangatahi to alcohol advertising.

Set net fishing ban at Matakatia Bay

Supports Māori values of Kaitiakitanga and Rangatiratanga, in relation to environmental guardianship and the protection of customary fishing rights, respectively.

28.     Further analysis of the impacts of these projects on mana whenua and mataawaka will be identified and sought through research and engagement during discovery and any public consultation. Any publicly notified proposal will be sent to the Independent Māori Statutory Board.

Ngā ritenga ā-pūtea

Financial implications

29.     The cost of the projects and their implementation will be met within existing budgets.

 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

IF <event>

THEN <impact>

Possible mitigations

Staff identify other research, stakeholders or engagement that delays the completion of the bylaw project, OR

The bylaw project is delayed (for example due to COVID-19 surges in infections),

This may increase the risk that the Indoor Domestic Fires Bylaw expires without a replacement (creating a regulatory gap if a bylaw is still required); delay the completion of the project; or result in a ‘rushed’ regulation that may not be fit for purpose.

These impacts may in turn result in public dissatisfaction, reputational damage, and failure to meet regulatory governance and enforcement obligations to problems.

Best practice and careful project management

The duration of a bylaw-related projects is shortened to ‘speed up’ the process,

This may impact on the quality of advice, resulting in the committee requesting more information and making the process take longer than originally planned.

The statutory findings report date is not met for the Indoor Domestic Fires Bylaw,

This will impact on the opportunity to reduce ‘peaks and troughs’ of the ‘10-year’ bylaw review programme.

Ngā koringa ā-muri

Next steps

30.     If approved, staff will progress the review of the five bylaw-related projects in this report following the key timeframes identified in this report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Paul Wilson - Senior Policy Manager

Authorisers

Kataraina Maki - General Manager - Community and Social Policy

Craig Hobbs - Director Regulatory Services

 

 


Regulatory Committee

08 March 2022

 

Review of Forward Work Programme - Regulatory Committee

File No.: CP2022/01968

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To review and note progress on the 2022 Regulatory Committee forward work programme appended as Attachment A.

Whakarāpopototanga matua

Executive summary

2.       The forward work programme for the Regulatory Committee was approved by the Governing Body at its meeting held on 16 December 2021.  It was agreed that the forward work programme would be reported for information and reviewed on a six-monthly basis.

3.       The Regulatory Committee work programme was reviewed in February 2022.

4.       All committees have been requested to review their forward work programme, by the end of March 2022.

5.       Following approval, all committee forward work programmes will be reported to the Governing Body in April, for oversight as per the Terms of Reference.

6.       The current forward work programme for the Regulatory Committee is appended as Attachment A.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive and review the progress on the 2022 forward work programme as appended in Attachment A of the agenda report.

b)      approve the forward work programme as agreed to at the meeting to October 2022.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme - Regulatory Committee - March 2022

23

     

Ngā kaihaina

Signatories

Author

Sophie White - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Craig Hobbs - Director Regulatory Services

 

 



Regulatory Committee

08 March 2022

 

 

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

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

 

 

 

 

 

 

 

 

 

 

 

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.

 

 

 

 

 

 

 

 

 

 

 

Resource Consents Appeal Update

Resource Consents

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

Information purposes

Monthly report

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

 

 

 

 

 

 

 

 

 

 

 

 

 

Bylaw project initiation report

To formally initiate the commencement of bylaw-related projects in 2022

Decision on whether to initiate the commencement of bylaw-related projects in 2022, including their high-level scope and local board significance as part of a co-governance approach adopted in 2019.

 

 

 

 

 

 

 

 

 

 

 

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.

NB: This Bylaw was made solely under the Land Transport Act 1998 and does not expire.

Decision on whether a bylaw is still needed to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

Updated to commence October 2022. Findings report scheduled for mid-2023.

 

 

 

 

 

 

 

 

 

 

 

Air Quality Bylaw for Indoor Domestic Fires

Community and Social Policy

This Bylaw sets standards for indoor domestic fires and what may be burnt in them.

This Bylaw must be reviewed by 25 May 2022. If this date is missed, a new bylaw must (if necessary) be made to avoid a regulatory gap.

Decision on whether a bylaw is still needed and whether to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

 

 

 

 

 

 

 

 

 

 

 

Cemeteries and Crematoria Bylaw Control

Community and Social Policy

To review the rules to manage activities at council cemeteries and crematoria relating to burial, cremation, disinterment, built structures, Wāhi Tapu Māori Areas, ground maintenance and record-keeping under the Cemeteries and Crematoria Bylaw 2014

Decision on whether a change to the bylaw control is required.

First report scheduled for mid-2023.

 

 

 

 

 

 

 

 

 

 

 

Health and Hygiene Bylaw Control

Community and Social Policy

To review minimum standards to protect public health associated with commercial services that pierce, risk breaking or risk burning the skin or tissue, therapeutic massage, colon hydrotherapy, swimming pools, water play parks and splash pads under the Health and Hygiene Bylaw 2013

Decision on whether a change to the bylaw control is required.

First report scheduled for mid-2023.

 

 

 

 

 

 

 

 

 

 

 

Signage at off-licence premises

Community and Social Policy

To investigate regulatory options to restrict the size, number, content and marketing of alcohol on signage and the use of neutral colours on buildings associated with off-licence premises and visible from a council controlled public place in accordance with Regulatory Committee resolution REG/2020/66.

Decision on preferred regulatory option in relation to signs at off-licence premises and determination of next steps.

 

 

 

 

 

 

 

 

 

 

 

Set net fishing ban at Matakatia Bay (Hibiscus and Bays)

Community and Social Policy

To assess a request contained in Regulatory Committee resolution REG/2021/83 for a set net fishing ban under the Auckland Council Public Safety and Nuisance Bylaw 2013.

Decision on whether to make a set net fishing ban at Matakatia Bay.

 

 

 

 

 

 

 

 

 

 

 

Bylaw project initiation report

To formally initiate the commencement of bylaw-related projects in 2022

Decision on whether to initiate the commencement of bylaw-related projects in 2022, including their high-level scope and local board significance as part of a co-governance approach adopted in 2019.

 

 

 

 

 

 

 

 

 

 

 

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.

NB: This Bylaw was made solely under the Land Transport Act 1998 and does not expire.

Decision on whether a bylaw is still needed to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

Updated to commence October 2022. Findings report scheduled for mid-2023.

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

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

Community and Social Policy

Animal management Bylaw Review

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

 

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 17 March 2020
Link to decision

Options Report 17 November 2020

Link to decision

Decision Report 11 May 2021
Link to decision

 

Community and Social Policy

Construction Bylaw 2015

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

 

Community and Social Policy

Property Maintenance Nuisance Bylaw Review

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

 

Community and Social Policy

Signage Bylaw Review

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

 

Healthy Waters / Community and Social Policy

Stormwater Bylaw

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

 

Community and Social Policy

Trading and Events Bylaw Review

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

Community and Social Policy

Wharves Bylaw 2015

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

 

 

 


Regulatory Committee

08 March 2022

 

Resource Consents Appeals: Status Report 8 March 2022

File No.: CP2022/01914

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an update of all current resource consent appeals lodged with the Environment Court.

Whakarāpopototanga matua

Executive summary

2.       This memorandum provides a summary of current resource consent appeals to which the Auckland Council is a party. It updates the report to the Regulatory Committee on 8 February 2022.

3.       If committee members have detailed questions concerning specific appeals, it would be helpful if they could raise them prior to the meeting with Robert Andrews (phone: 09 353-9254 or email: robert.andrews@aucklandcouncil.govt.nz ) in the first instance.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 8 March 2022.

 

Horopaki

Context

4.       As at 23 February 2022, there are 29 resource consent appeals to which Auckland Council is a party. These are grouped by Local Board Area geographically from north to south, as set out in Attachment A.  Changes since the last report and new appeals received are shown in bold italic text.

5.       The principal specialist planners - resource consents, continue to resolve these appeals expeditiously. In the period since preparing the previous status report on 25 January 2022, there has been one new appeal lodged.

6.       The new appeal by Ormiston Workshops Limited, is against a hearing commissioner’s decision to dismiss a Section 357A(1)(g) objection. The objection is to two conditions placed on a resource consent to construct and operate 29 business units, proposed to  accommodate a range of industrial activities. The conditions relate to a requirement to install a raised mountable median within the internal car parking area, and a condition requiring three accessible car parking spaces. The objection sought both conditions be deleted.

  

Tātaritanga me ngā tohutohu

Analysis and advice

7.       To receive the report as provided.

 

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

8.       The report provides an update of consent appeals and seeks no resolution or consideration of the merits associated with them.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

9.       Not applicable.

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

Local impacts and local board views

10.     Not applicable.

Tauākī whakaaweawe Māori

Māori impact statement

11.     The decision requested of the Regulatory Committee is to receive this progress report rather than to consider the relevance to Māori associated with each of the appeals at this time.

12.     The Resource Management Act 1991 includes a number of matters under Part 2, which relate to the relationship of Tangata Whenua to the management of air, land and water resources.  Maori values associated with the land, air and freshwater bodies of the Auckland Region are based on whakapapa and stem from the long social, economic and cultural associations and experiences with such taonga. These matters where relevant are considered with the resolution of the resource consent appeals.

Ngā ritenga ā-pūtea

Financial implications

13.     Environment Court appeal hearings can generate significant costs in terms of commissioning legal counsel and expert witnesses. Informal mediation and negotiation processes seek to limit these costs.  Although it can have budget implications, it is important that Auckland Council, when necessary, ensure that resource consents maintain appropriate environmental outcomes and remain consistent with the statutory plan policy framework through the appeal process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

14.     Not applicable.

Ngā koringa ā-muri

Next steps

15.     Not applicable.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Resource consents appeals as at 23 February 2022

37

     

Ngā kaihaina

Signatories

Author

Robert Andrews - Principal Specialist Planning

Authorisers

Ian Smallburn - General Manager Resource Consents

Craig Hobbs - Director Regulatory Services

 

 


Regulatory Committee

08 March 2022

 

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Regulatory Committee

08 March 2022

 

Summary of Regulatory Committee Information - updates, memos and briefings - 8 March 2022

File No.: CP2022/02214

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive a summary and provide a public record of workshops, memoranda or briefing papers that may have been held or been distributed to Regulatory Committee members.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide public visibility of information circulated to committee members via memo or other means, where no decisions are required.

3.       The following memoranda have been distributed:

Date

Subject

09/02/22

Hearings held, hearing panels and hearing outcomes January 2021 – December 2021

16/02/22

Progress update and next steps on the proposal to amend the Stormwater Bylaw 2015

 

4.       These documents can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

at the top left of the page, select meeting/Te hui “Regulatory Committee” from the drop-down tab and click “View”;

under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

5.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Committee members should direct any questions to the authors.

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      receive the summary of Regulatory Committee report 8 February 2022.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Hearings held, hearing panels and hearing outcomes January 2021 – December 2021 (Under Separate Cover)

 

b

Progress update and next steps on the proposal to amend the Stormwater Bylaw 2015 (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Sophie White - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Craig Hobbs - Director Regulatory Services

 

 


 


Regulatory Committee

08 March 2022

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 6.1      Attachment a    16 February 2022 Kaipātiki Local Board Meeting - Notice of Motion - Compliance and Bylaw Enforcement                                                    Page 55

Item 6.2      Attachment a    15 February 2022 Devonport-Takapuna Local Board Meeting - Notice of Motion - Compliance and Bylaw Enforcement                                                    Page 57


Regulatory Committee

08 March 2022

 

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Regulatory Committee

08 March 2022

 

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[1]    The only exception is the Auckland Council Traffic Bylaw 2015. This bylaw was made solely under the Land Transport Act 1990 and does not expire if not reviewed.

[2]    Governance means review impacts assets or services that a local board has a decision-making role.

[3]    High interest means review is of major interest to one or more local communities

[4]    Low interest means review does not impact local governance and is not high interest

[5]    All local boards except for Albert-Eden, Henderson-Massey, Manurewa and Ōrākei which contain no council cemeteries or crematoria in their local area for which they have delegated decision-making responsibility.