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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 10 May 2022

10.00am

Reception Lounge, Auckland Town Hall
301-305 Queen Street
Auckland

 

Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

 

Members

Cr Dr Cathy Casey

 

 

Deputy Mayor Cr Bill Cashmore

 

 

Cr Fa’anana Efeso Collins

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

Cr Shane Henderson

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Chair David Taipari

 

 

IMSB Member Glenn Wilcox

 

 

Cr Paul Young

 

 

(Quorum 5 members)

 

 

 

Sophie White

Kaitohutohu Mana Whakahaere / Governance Advisor

 

3 May 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

10 May 2022

 

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

7          Extraordinary Business                                                                                              10

8          Resource Consents Appeals: Status Report 10 May 2022                                     11

9          Summary of Confidential Decisions and related information released into Open 27

10        Summary of Regulatory Committee Information - updates, memos and briefings - 10 May 2022                                                                                                                       45

11        Determination of objection to menacing classification - Mr Xian Peng Song      57

12        Consideration of Extraordinary Items

 


1          Apologies

 

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

 

 

2          Declaration of Interest

 

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

 

 

3          Confirmation of Minutes

 

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 12 April 2022, including the confidential section, as a true and correct record.

 

 

4          Petitions

 

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

 

 

5          Public Input

 

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

 

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

 

 

6          Local Board Input

 

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

 

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

 

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

10 May 2022

 

Resource Consents Appeals: Status Report 10 May 2022

File No.: CP2022/05033

 

  

 

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 March 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 10 May 2022

 

Horopaki

Context

4.       As at 22 April 2022, there are 31 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 23 February 2022, there have been two new appeals lodged.

6.       The appeal by Espin Holdings NZ Limited is to a condition of a notified resource consent granted for 2 angled billboards on an industrial site at 135 Wairau Road, Wairau Valley. Condition 8 requires the same image to be shown on each billboard at the same time. The appeal seeks to remove this so that different images on each billboard can be shown simultaneously.

7.       The Trustees of DOKAD Trust and Successors appeal, relates to decisions on fifteen s357 objections. These relate to 8 various applications relating to a rural site at 199 Anzac Valley Road, Waitakere. The objections were heard by commissioners on 19 & 20 January 2022. The objections cover council charges, requests for further information, the decline of certificates of compliance and rejections of applications.  

 

Tātaritanga me ngā tohutohu

Analysis and advice

8.       To receive the report as provided.

Tauākī whakaaweawe āhuarangi

Climate impact statement

9.       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

10.     Not applicable.

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

Local impacts and local board views

11.     Not applicable.

Tauākī whakaaweawe Māori

Māori impact statement

12.     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.

13.     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

14.     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

15.     Not applicable.

Ngā koringa ā-muri

Next steps

16.     Not applicable.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Current Resource Consent Appeals as at 22 April 2022

15

      

Ngā kaihaina

Signatories

Author

Robert Andrews - Principal Specialist Planning

Authorisers

Ian Smallburn - General Manager Resource Consents

Craig Hobbs - Director Regulatory Services

 

 


Regulatory Committee

10 May 2022

 

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Regulatory Committee

10 May 2022

 

Summary of Confidential Decisions and related information released into Open

File No.: CP2022/05329

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note confidential decisions and related information released into the public domain.

Whakarāpopototanga matua

Executive summary

2.       This is a regular information-only report which aims to provide greater visibility of confidential decisions made that can now be released into the public domain.

3.       The following decisions/documents are now publicly available:

Date of Decision

Subject

12/04/22

Regulatory Committee

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

 

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

 

 

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

a)      note the confidential decision and related information that is now publicly available:

i)        Appointment of Panel member to the National Policy Statement – Urban Development plan change Independent Hearing Panel

 

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Regulatory Committee 12 April 2022 - Report: Appointment of Panel member to the National Policy Statement - Urban Development plan change Independent Hearing Panel

29

b

Regulatory Committee 12 April 2022 - Resolution: Appointment of Panel member the National Policy Satement - Urban Development plan change Independent Hearing Panel

39

c

Memo: Appointment of panel members to the National Policy Statement – Urban Development plan changes Independent Hearing Panel

41

     

Ngā kaihaina

Signatories

Author

Sophie White - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Craig Hobbs - Director Regulatory Services

 

 


Regulatory Committee

10 May 2022

 

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10 May 2022

 

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10 May 2022

 

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Regulatory Committee

10 May 2022

 

Summary of Regulatory Committee Information - updates, memos and briefings - 10 May 2022

File No.: CP2022/05300

 

  

 

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

28/04/2022

Application to the Supreme Court regarding Court of Appeal’s decision on council’s Proposed Local Alcohol Policy

28/04/2022

Appointment of panel members to the National Policy Statement – Urban Development plan changes Independent Hearing Panel

 

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

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

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

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

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 10 May 2022.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Regulatory Committee Forward Work Programme

47

b

Memo: Application to the Supreme Court regarding Court of Appeal’s decision on council’s Proposed Local Alcohol Policy (Under Separate Cover)

 

c

Memo: Appointment of panel members to the National Policy Statement – Urban Development plan changes Independent Hearing Panel (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Sophie White - Kaitohutohu Mana Whakahaere / Governance Advisor

Authoriser

Craig Hobbs - Director Regulatory Services

 

 


Regulatory Committee

10 May 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.

 

ü

 

 

 

 

 

 

 

 

 

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

10 May 2022

 

Determination of objection to menacing classification - Mr Xian Peng Song

File No.: CP2022/04824

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2.       On 30 September 2020 Auckland Council received a complaint regarding a dog attacking the complainant’s dog on 22 September 2020.

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

4.       Section 33E of the DCA provides that where a dog is classified as menacing the owner of the dog must:

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

b)   Within 1 month after service of the notice provide a certificate by a veterinarian that the dog is or has been de-sexed. If the dog is not in a fit condition to be de-sexed within that time, the dog owner must provide a certificate by a veterinarian explaining the reasons for that and specifying the date by when the dog can be de-sexed.

5.       As a result of the incident, Animal Management classified Xuan as menacing by deed because it considered that the dog may pose a threat to the safety of persons or animals. The notice of classification was served on Mr Song on 13 October 2020 (Attachment A).

6.       On 14 October 2020 Mr Song objected to the classification (Attachment B). The objection is based on that:

·    Mr Song had Xuan since it was 8 weeks old, it was a big decision for his family, and he had paid extra attention to the dog’s nature and character as he has two young children.

·    Xuan has been treated like family and had regular veterinary check-ups.

·    Xuan is microchipped.

·    Mr Song has spent significant time training Xuan and Mr Song has no issues with Xuan’s behaviour.

·    That the complainant’s dog provoked Mr Songs dog.

·    That requiring a dog to be neutered is inhumane.

7.       Auckland Council also issued an infringement notice to Mr Song under section 53(1) of the DCA for failing to control his dog.  Because Mr Song disputed the infringement and requested a court hearing, it was agreed to put the Regulatory Committee hearing on the objection on hold pending the outcome of the District Court proceedings.

8.       The matter went to trial in the Waitākere District Court. On 23 July 2021 the complainant and his wife gave evidence at the trial that Xuan had attacked their dog. The Court upheld the infringement notice and found the offence proven.

 

 

9.       The Court held (Attachment C):

[3]        In the transcript of the conversations between you and [the complainant] on page 4 you said to [him] that “Your dog came up to play with my dog, but my dog doesn’t like to play with little puppies, so it bit your dog.” …

And

[5]        In your evidence, you said that both parties should have been responsible.  However, under the law, you are responsible for your dog.  The case law presented by the prosecution highlights that you are responsible for your dog’s actions.  The total absence of fault is a threshold that is higher than behaviour.  Knowing that your dog was in estrus and did not like puppies put the onus on you to take extra caution to reduce the risk of any incidents occurring.

10.     Despite the court having found that Xuan did attack the complainant’s dog, Mr Song persisted in his objection to the menacing classification (refer the trail of emails in Attachment D).

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

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

b)      uphold the classification.

 

Horopaki

Context

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

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

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

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

b)   must within 1 month after service of the notice provide a certificate by a veterinarian that the dog is or has been de-sexed. If the dog is not in a fit condition to be de-sexed within that time, the dog owner must provide a certificate by a veterinarian explaining the reasons for that and specifying the date by when the dog can be de-sexed.

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

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

 


 

 

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

a)   The evidence which formed the basis for the classification.

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

c)   The matters relied on in support of the objection.

d)   Any other relevant matters.

Evidence which formed the basis for the classification

17.     A summary of the complainant’s statement (Attachment E) is that on 22 September 2020 he took his dog for a walk on lead. The complainant observed Mr Song walking Xuan on a leash, as they walked towards each other the dogs began sniffing each other. Xuan snapped at the complainant’s dog and the complainant pulled it away.

The complainant’s dog was bleeding from its ear. Mr Song apologized and asked if the complainant’s dog was alright. The complainant left the scene and sought veterinary treatment for the dog. The dog received stiches in its ear.

18.     After the incident Auckland Council also obtained a formal statement from the complainant’s partner that she had obtained a voice recording of Mr Song admitting the incident (Attachment F).

19.     During the preparation for the trial a transcript and translation of the recording referred to in Attachment E was obtained. The transcription is in Attachment G.

20.     The complainant also provided Auckland Council with the vet report for the injury to the complainant’s puppy’s ear as a result of the incident (Attachment H).

21.     Mr Song provided two written statements to Animal Management. In his first statement dated 2 October 2020 (Attachment I) he denied the incident. A summary of his second statement dated 11 October 2020 (Attachment J) is that on 22 September 2020 he took his dog, Xuan, for a walk. Mr Song was on his bike and Xuan was on a lead. Mr Song observed the complainant walking his dog. As they approached each other Mr Song told the complainant he should stay away as the dogs are not familiar with each other and that Xuan does not like little dogs.

Mr Song advises the complainant said it was OK and continued talking to Mr Song. The complainant’s dog barked at Xuan and Xuan growled at the dog. Mr Song wasn’t fully aware of what happened next, but he pulled Xuan back towards him and asked if the complainant’s dog was alright.

22.     The Animal Management Officer involved in the investigation provided a formal statement for the investigation file (Attachment K).

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

23.     Mr Song has not informed Animal Management whether Xuan has since this incident been de-sexed, or whether Xuan has attended any behavioural modification courses.

Matters relied upon in support of the objection

24.     Mr Song’s objection is based on that:

·    Mr Song had Xuan since it was 8 weeks old, it was a big decision for his family, and he had paid extra attention to the dog’s nature and character as he has two young children.

·    Xuan has been treated like family and had regular medical check-ups.

·    Xuan is microchipped.

·    Mr Song has spent significant time training Xuan and Mr Song has no issues with Xuan’s behaviour.

·    That the complainant’s dog provoked Mr Song’s dog.

·    That requiring a dog to be neutered is inhumane.

Tātaritanga me ngā tohutohu

Analysis and advice

25.       The classification of dogs as menacing is to protect public safety from possible harm. The threat referred to in section 33A need not be shown to be real to classify a dog as menacing. It suffices if there is a potential of harm by the dog to persons and animals.

26.       Auckland Council considers that Xuan poses a threat to, in particular, domestic animals due to reported behaviour of Xuan. The District Court upheld the evidence of the complainant that Xuan attacked his dog. This threat will be eliminated if the dog is muzzled when in public. The dog’s aggressive reaction will also be tempered if she is de-sexed.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

29.     This report has no local impact, so Local Board views have not been sought.

Tauākī whakaaweawe Māori

Māori impact statement

30.     This report has no impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

31.     The decision by the Regulatory Committee on the objection to the menacing classification has no financial implications. This report has been reviewed and approved by Kevin Smith, Commercial Finance Manager for Regulatory Services.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32.     There are no risks in upholding the menacing classification.

Ngā koringa ā-muri

Next steps

33.     The Regulatory Committee must give Mr Song written notice of its decision as soon as practical.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Notice of classification

61

b

Objection to classification

65

c

Oral judgement following infringement notice hearing

67

d

Email correspondence

73

e

Complainant's statement

77

f

Statement by complainant's partner

85

g

Transcript of voice recording

89

h

Veterinary report

109

i

Statement by Mr Song dated 2 October 2020

111

j

Statement by Mr Song data 11 October 2022

117

k

Statement by Carly Triska Animal Management Officer

123

     

Ngā kaihaina

Signatories

Author

Carly Triska, Acting Team Leader Animal Management Central

Authorisers

Elly Waitoa, Manager Animal Management

James Hassall - General Manager, Licensing and Regulatory Compliance

Craig Hobbs - Director Regulatory Services

 

 


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