I hereby give notice that an ordinary
meeting of the Regulatory Committee will be held on:
MEMBERSHIP
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Chairperson
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Cr Linda Cooper, JP
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Deputy Chairperson
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Cr Josephine Bartley
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Members
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Cr Dr Cathy Casey
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Deputy Mayor Cr Bill Cashmore
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Cr Fa’anana Efeso Collins
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Mayor Hon Phil Goff, CNZM, JP
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Cr Shane Henderson
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Cr Daniel Newman, JP
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Cr Sharon Stewart, QSM
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IMSB Chair David Taipari
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IMSB Member Glenn Wilcox
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Cr Paul Young
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(Quorum 5 members)
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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
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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.
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Regulatory
Committee
08 March 2022
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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
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
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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.
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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.
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6.1 Local
Board Input: Kaipātiki Local Board - Compliance and Bylaw Enforcement
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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).
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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.
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Attachments
a 16 February 2022 Kaipātiki Local Board
Meeting - Notice of Motion - Compliance and Bylaw Enforcement............................................................. 55
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6.2 Local
Board Input: Devonport-Takapuna Local Board - Compliance and Bylaw
Enforcement
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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).
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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.
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Attachments
a 15 February 2022 Devonport-Takapuna Local
Board Meeting - Notice of Motion - Compliance and Bylaw Enforcement............................................... 57
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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.”
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Regulatory
Committee
08 March 2022
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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
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Bylaw Review Status
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1. Alcohol Control
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Completed (amended in 2021)
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2. Animal Management
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Completed (amended in 2021)
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3. Cemeteries and Crematoria
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Completed (amended in 2021)
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4. Construction
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Completed (to lapse in 2022)
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5. Dog Management (Policy and Bylaw)
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Completed (replaced in 2019)
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6. Food Safety
Information
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Completed (replaced in 2020)
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7. Freedom Camping in Vehicles
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In progress (due for completion in
2022)
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8. Health and Hygiene
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Completed (amended in 2018)
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9. Navigation Safety
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Completed (replaced in 2021)
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10. Property Maintenance
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In progress (due for completion in
2022)
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11. Public Safety and Nuisance
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Completed (amended in 2019)
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12. Signage
|
In progress (due for completion in
2022)
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13. Stormwater
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In progress (due for completion in
2022)
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14. Trade Waste
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Completed (amended in 2019)
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15. Trading, Events and Filming
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Completed (replaced in 2021)
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16. Traffic
|
Delayed, to restart in 2022 (due for
completion in 2024)
|
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17. Waste Management
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Completed (replaced in 2019)
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18. Water and Wastewater
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Completed (amended in 2021)
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19. Wharves
|
Completed (to lapse in 2022)
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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)
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4. Public Safety and Nuisance
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Bylaw control assessment of a set net fishing ban request at
Matakatia Bay
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5. Signage
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Bylaw investigation of the regulation of signage at
off-licence premises.
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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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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|
|
|
|
|
|
|
|
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
|
|
|
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/
o at the top left of the
page, select meeting/Te hui “Regulatory Committee” from the
drop-down tab and click “View”;
o 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
|
|
|
Regulatory
Committee
08 March 2022
|
|
