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

Date: Time: Meeting Room: Venue:	Tuesday, 12 April 2022 10.00am This meeting will be held remotely and a recording of the meeting will be available on the Auckland Council website 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

7 April 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 12 April 2022

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Apologies                                                                                                                        7

2          Declaration of Interest                                                                                                   7

3          Confirmation of Minutes                                                                                               7

4          Petitions                                                                                                                          7

5          Public Input                                                                                                                    7

6          Local Board Input                                                                                                          7

7          Extraordinary Business                                                                                                8

8          Achieving Regulatory Compliance, Prioritisation and Resource Allocation         9

9          Summary of Regulatory Committee Information - updates, memos and briefings - 12 April 2022                                                                                                                      45

10        Consideration of Extraordinary Items

PUBLIC EXCLUDED

11        Procedural Motion to Exclude the Public                                                                 79

C1       Appointment of Panel member to the National Policy Statement - Urban Development plan change Independent Hearing Panel                                          79

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 March 2022, 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.

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

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 12 April 2022

Achieving Regulatory Compliance, Prioritisation and Resource Allocation

File No.: CP2022/03970

Te take mō te pūrongo

Purpose of the report

1.       This report focuses on the work of the Compliance Response and Investigations Unit (CR&I) which responds to complaints (referred to as “requests for service” (RFS)) relating to potential breaches of the Resource Management Act, Building Act and council bylaws.

2.       At a workshop with the Governing Body in February this year where an amended risk categorisation and prioritisation matrix was discussed, it was agreed that a more detailed explanation of the matrix would be presented to the Regulatory Committee for consideration and approval.

3.       In order to put the matrix in a broader context, this report also provides an indication of other matters being considered to improve the performance of CR&I including technological changes and staffing levels.

Whakarāpopototanga matua

Executive summary

4.       The environment in which CR&I works is becoming more challenging for a variety of reasons including the increasing number and complexity of RFSs it is being asked to respond to in a resource constrained environment.

5.       This report provides a partial solution to the question of the best balance between the amount of compliance work that should be undertaken by the CR&I Unit and the level of resourcing required to achieve that.

6.       While technological improvements and an increase in staff numbers are means of addressing the issue, the key matter the Committee is being asked to consider in this report is whether to approve an update to the categorisation and prioritisation matrix which will go some way to enabling CR&I to manage its workload.

7.       The matrix categorises matters from P1 to P4 in descending order of risk and harm to people and the built and natural environments. Matters that are categorized as P1 and P2 will always be attended to. Matters that are categorized as P4 are unlikely to be attended to. Matters that are categorized as P3 provide a buffer and will be attended to, workload and staff numbers permitting.

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      approve the adoption of the updated categorisation and prioritisation matrix;

b)      note other matters are being considered to increase the efficiency of the Compliance Response and Investigations Unit.

Horopaki

Context

8.       The council undertakes a range of work to ensure members of the public comply with the various pieces of legislation, including bylaws, which it is required to administer.

9.       The number of individual RFSs is large. The approximate annual numbers in key areas are indicated below:

· Resource Management Act, Building Act and bylaws – 15,000

· Dog Control Act – 32,000

· Noise (under the Resource Management Act but recorded separately) – 60,000.

10.     This report focuses on the first of those areas and the work undertaken by CR&I.

11.     CR&I comprises approximately 65 staff focused on that work and an additional nine staff who are involvement in noise control (not discussed here). In addition to the noise team, it is made up of four geographically based teams (north, west, central and south), a regionally focused team and an investigations team which undertakes prosecutions.

12.     Teams within CR&I are alerted to the need to undertake compliance work through various means, including through proactive inspections, but primarily through complaints usually referred to as “requests for service”. Most RFSs come from members of the public, but some come to us from other teams within the council, our elected members, and external agencies such as Fire and Emergency New Zealand and the Police. 

13.     As in many areas, the recent external environment has been challenging for CR&I. The number and complexity of complaints have been increasing. There has been an increase of 5.8% over the last two years. On some analyses, especially with the boom currently underway in the building industry and with increasing density of population, the increase could be 15% in the next few years.

14.     Additionally, staff turnover has been high and has been running at approximately 24% for the start of this year. Exit interviews indicate that the volume of work is a key factor in encouraging people to leave. While recruitment has been reasonably successful, it takes between six and nine months for a recruit to be able to function well and this lag places a further burden on existing team members.

15.     The matter was brought to a head leading into the Christmas holiday period last year with backlogs of work, the need for staff to take leave and general exhaustion among the teams as a result of, in part, the COVID lockdowns and related restrictions.

16.     An approach of categorising and prioritising compliance work was initially signed off by the Regulatory Committee in 2017. In order to deal with the recent pressures and to give some respite to staff, a trial amendment to the risk categorisation and prioritisation matrix was undertaken for the summer period. Matters which formed part of the backlog and which were assessed as low on the matrix were closed and the complainants informed.

Tātaritanga me ngā tohutohu

Analysis and advice

17.     The issue this report provides a partial solution to is the question of the best balance between the amount of compliance work that should be undertaken by Auckland Council’s CR&I Unit and the level of resourcing required to achieve that.

18.     The starting point is that there will always be a trade-off between holding wrong-doers to account and resourcing. It is a truism but it needs to be stated for the purpose of this report that almost no agency involved in compliance work is able to respond to every breach of the rules it enforces.

19.     The issue is being brought into sharp relief in the Auckland Region by the increasing amount of development work and population growth leading to an increasing number and complexity of RFSs and matters related to the COVID response including attracting and retaining staff and the financial resources to do that.

20.     In the following sections, this report discusses:

a. The risk categorisation and prioritisation matrix;

b. Possible technology enhancements; and

c. Possible staff number increases.

21.     These are all matters which could go towards addressing the issue but they are not the only ones.

22.     Not discussed in this report is the work CR&I does to ensure team members are always looking for ways to improve processes and systems and that training is up-to-date and delivered efficiently.

23.     A further matter not discussed is the phenomena of “escalations”. By this is meant, steps complainants take to “appeal” to senior management, the Chief Executive Officer, the Mayor and elected members in the hope of achieving a different outcome. This is often in circumstances where a matter has already been fully reviewed or is one of a scale that does not warrant this level of attention. Such escalations can consume a disproportionate amount of time. All parts of council working together to reduce this happening would help free up a certain amount of resource.

Risk Categorisation and Prioritisation Matrix

24.     The key principle behind the risk categorisation and prioritisation matrix is that matters of high risk or high harm to people and the natural and built environment should be dealt with more quickly and ahead of matters of low risk or low harm.

25.     The general approach was agreed to by the Regulatory Committee in October 2017 (see Attachments A and B). In particular, the Committee passed a resolution that it:

a) endorse the shift to a strengthened compliance approach that:

            i) takes an evidence led approach to regulation

            ii) allocates resources to addressing breaches that cause high harm

            iii) ensures interventions are proportionate to the risk at stake, paying close             attention to the effectiveness of our efforts in reducing harm

            iv) sets service levels according to risk and harm.

26.     What the Committee is now being asked to consider and endorse is a refinement to the original approach. The need for a change has been brought about by the factors mentioned in the context section above.

27.     Attachment C is the “Categorisation Matrix” document which classifies the various types of work undertaken by CR&I in 4 prioritisation categories, namely, P1, P2, P3 and P4.

28.     The intention is that P1 and P2 matters are always responded to with P1 matters be responded to most quickly.

29.     P4 matters are unlikely to be responded to and P3 matters are dealt with as and when workload and resource allow.

30.     It is important to note the following:

a.   The intention is that most P3 matters will be dealt with most of the time but there may be some delay.

b.   As set out, the matrix presents matters as if they arise one at a time. In reality, it is usually the case that an RFS will present a range of matters to investigate from across the priority levels.

c.   Even though a matter may not be responded to quickly or at all does not mean that all matters of that type will never be responded to. Raising complaints and recording them in our systems is an important part of “intelligence led” compliance. If there are large numbers of complaints of a certain type or in a certain location, that may indicate the need for a targeted blitz in relation to those matters. For example, street front displays and signage in the Otahuhu business area were being increasingly complained of. They were encroaching on the footpaths beyond what was allowed in council bylaws. A targeted approach enabled them to be dealt with effectively and efficiently.

Technological enhancement

31.     Work is currently underway through the Regulatory Services Directorate’s Excellence Programme, Kokiri Whakamua, to scope and put in place a digital case management system called “Case Solve” to enable greater efficiency in the work undertaken by CR&I.

32.     The system will enable better coordination and oversight of matters being dealt with by members of the team. The system is able to be easily used in the field. All information concerning a matter, including notes, photos, communication and disposition, will be accessible in one place and available to all members of the team. Case Solve will integrate with the existing SAP system. The analytics and reporting functions are superior and will allow better “intelligence led” compliance work. By that is meant, using data to understand trends and better target the work.

33.     While assessment of the system is still underway, initial indications are that by reducing the administration burden on front line staff and team leaders 20~30% of their time could be freed up allowing frontline staff to spend more time in the field.

34.     More time in the field will mean more matters can be addressed and may reduce the level of suggested increased staffing levels discussed in the next section. A further flow on effect will be that income from infringement notices (where available) and fines is likely to increase. It is noted that we do not set targets for income from infringement notices fines as each case must be considered on its merits.

Increase in staff numbers

35.     As already mentioned, increasing the number of staff cannot be the only response in dealing with increased workload. The previous two sections are examples of different methodologies which can be deployed.

36.     However, the workload in terms of both numbers and complexity is, on its face, more that can be attended to by the current numbers of staff. The table that follows explains at a high level how this conclusion is reached. The numbers of RFSs are from the past year and relate to the work of the four geographically based teams and exclude the Regional team, the Noise team and the Investigations team. The time indicated for complex RFSs is prior to work being undertaken towards a prosecution. Prosecutions are handled by the Investigations team and can take considerably longer than 40 hours to deal with. “CO” and SCO stand for “compliance officer” and “senior compliance officer respectively.

Low complex RFS	Mid level RFS	Complex RFS	Summary
20% of all RFS = 2,835	50% of all RFS = 7,089	30% of all RFS = 4,253
Actual hours 2~8 = average of 5 hours per RFS	Actual hours = 8~20 hours, average 14 hours	Actual hours = 40	Time taken on average per RFS
= 59	= 148 (rounded)	= 89	Divide by 48 working weeks annually per officer (figure includes 4 weeks annual leave)
= 1.2 RFSs per officer	= 3.1 RFSs per officer	= 1.9 RFSs per officer	Divide by 48 - number of officers if fully staffed across the CO teams in the Region 4 x CO teams of 12 officers (3 SCO & 9 CO)
X 5 = 6.2 hours caseload per officer per week	X 14 = 43 hours caseload per officer per week	X 40 = 74 hours caseload per officer per week	Multiply by the average of actual hours worked
			Total is 123.2 hours per officer per week required to work on their caseload

37.     While the above uses averages, it indicates there is significantly more work to be done than can be undertaken by one person in a week.

38.     The level of staffing is being considered in the context of the council’s ability to fund an increase against other new and existing commitments.

39.     As previously noted, even at an increased level of staff, there is always likely to be the need for tradeoffs.

Tauākī whakaaweawe āhuarangi

Climate impact statement

40.     The work of CR&I does not impact directly on climate. However, it is important in ensuring that all rules which Council has responsibility for are being complied with and, to the extent those rules address climate, the work of CR&I has a positive impact.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

41.     There are limited direct impacts on the Council group. However, some compliance work is undertaken on behalf of Watercare Services Limited.

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

Local impacts and local board views

42.     Various Local Boards have expressed the desire, through Notices of Motion, for more compliance work to be undertaken.

43.     While the updated categorisation and prioritisation matrix may result in fewer breaches of certain types being attended to, as discussed above, even if not attended to, complaints about such matters provide a rich source of data to enable CR&I to target their operations.

44.     The Committee is not being asked to resolve to allocate more funding to CR&I in this report but it is noted that various local boards have indicated they support that.

Tauākī whakaaweawe Māori

Māori impact statement

45.     The work of CR&I often impacts on matters of interest to Māori. The categorisation and prioritisation matrix does not change that per se. CR&I seek to involve and work with Māori where appropriate. Two recent examples of that are in relation to a chemical spill into an estuary in South Auckland and looking at illegal moorings and structures in the Wairoa River.

Ngā ritenga ā-pūtea

Financial implications

Risks and mitigations

46.     In adopting the updated categorisation and prioritisation matrix, there is a risk of an increase in complaints when matters are not attended to.

47.     The experience over the summer period with the trial implementation of the matrix was that around 7% of matters were complained about.

48.     Initially, the process for assessing complaints and advising complainants that their matter was not being attended to was not smooth but that has been improved.

49.     Where a closed matter has been escalated and, in particular, when further or better information has been received from the complainant, matters have been reopened and considered in the normal manner.

Ngā koringa ā-muri

Next steps

50.     Should the Committee agree to it, the categorisation and prioritisation matrix will be continued to be used to help manage the workload of CR&I in a principled and transparent manner.

Ngā tāpirihanga

Attachments

No.	Title	Page
a⇩	Regulatory Committee 12 October 2017 - Item 10 Regulatory Compliance Prioritisation	15
b⇩	Regulatory Committee 12 October 2017 - Resolution Item 10 Regulatory Compliance Prioritisation	39
c⇩	Compliance Response & Investigations Categorisation Matrix	41

Ngā kaihaina

Signatories

Author	James Hassall - General Manager, Licensing and Regulatory Compliance
Authoriser	Craig Hobbs - Director Regulatory Services

Regulatory Committee 12 April 2022

Regulatory Committee 12 April 2022

Regulatory Committee 12 April 2022

Regulatory Committee 12 April 2022

Summary of Regulatory Committee Information - updates, memos and briefings - 12 April 2022

File No.: CP2022/04191

Te take mō te pūrongo

Purpose of the report

1.       To note the progress on the forward work programme appended as Attachment A.

2.       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

3.       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.

4.       The following memoranda have been distributed:

Date	Subject
07/04/2022	Hearings held, hearing panels and hearing outcomes April 2021 – March 2022

5.       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’.

6.       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)      note the progress on the forward work programme appended as Attachment A of the agenda report.

b)      receive the summary of Regulatory Committee report 12 April 2022.

Ngā tāpirihanga

Attachments

No.	Title	Page
a⇩	Forward Work Programme - Regulatory Committee - April 2022	47
b⇩	Hearings held, hearing panels and hearing outcomes April 2021 – March 2022	57

Ngā kaihaina

Signatories

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

Regulatory Committee 12 April 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 12 April 2022

Regulatory Committee 12 April 2022

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Regulatory Committee

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C1       Appointment of Panel member to the National Policy Statement - Urban Development plan change Independent Hearing Panel

Reason for passing this resolution in relation to each matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.	s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person. In particular, the report contains the names of people recommended as part of an independent hearing panel.  This information should not be made public until the Regulatory Committee endorses the recommendations and the successful applicant confirms the acceptance for the appointment	s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.