Komiti Whakahaere ā-Ture /

Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held remotely on Tuesday, 10 May 2022 at 10.01am. A recording of the meeting is be available on the Auckland Council website. https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-councilworks/meetings-council-bodies/Pages/webcasts-council-meetings.aspx.

 

present

 

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

 

 

Cr Shane Henderson

 

 

Cr Daniel Newman, JP

 

 

Cr Sharon Stewart, QSM

 

 

IMSB Member Glenn Wilcox

 

 

Cr Paul Young

 

 

ABSENT

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

Deputy Mayor Cr Bill Cashmore

 

 

IMSB Chair David Taipari

 

 

 

Note:   all members of the committee and those presenting attended the meeting via electronic link.

 


Regulatory Committee

10 May 2022

 

 

 

Note:   a roll-call was conducted that ascertained the following members were in attendance at the commencement of the meeting.

Member

Member

Cr L Cooper

ü

IMSB Chair D Taipari

x

Cr J Bartley

ü

IMSB Member G Wilcox

ü

Cr C Casey

ü

Cr S Stewart

ü

Cr E Collins

ü

Cr P Young

ü

Cr S Henderson

ü

Mayor P Goff (Ex-officio)

x

Cr D Newman

ü

Deputy Mayor B Cashmore (Ex-officio)

x

 

 

1          Apologies

 

Resolution number REG/2022/14

MOVED by Cr L Cooper, seconded by Cr J Bartley:  

That the Regulatory Committee:

a)         accept the apologies from

Absence

Mayor P Goff
IMSB Chair David Taipari

Lateness

Deputy Mayor B Cashmore

Early Departure

Cr S Henderson

CARRIED

Note:   An apology had been received for Deputy Mayor B Cashmore for lateness on council business, however the meeting had concluded before Deputy Mayor B Cashmore could attend.

Note:   Subsequently, Cr S Henderson did not depart early.

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 


 

 

3          Confirmation of Minutes

 

Resolution number REG/2022/15

MOVED by Cr L Cooper, seconded by Cr C Casey:  

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.

CARRIED

 

 

4          Petitions

 

There were no petitions.

 

 

5          Public Input

 

There was no public input.

 

 

6          Local Board Input

 

There was no local board input.

 

 

7          Extraordinary Business

 

There was no extraordinary business.

 

 

8

Resource Consents Appeals: Status Report 10 May 2022

 

Resolution number REG/2022/16

MOVED by Cr S Henderson, seconded by Cr P Young:  

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 10 May 2022

CARRIED

 

 

9

Summary of Confidential Decisions and related information released into Open

 

Resolution number REG/2022/17

MOVED by Cr E Collins, seconded by Cr S Stewart:  

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

CARRIED

 

 

 

10

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

 

Resolution number REG/2022/18

MOVED by Cr L Cooper, seconded by IMSB Member G Wilcox:  

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.

CARRIED

 

 

11

Determination of objection to menacing classification - Mr Xian Peng Song

 

The hearing commenced at 10.11am in relation to the objection against the menacing dog classification (Xuan).

The objector Xian Peng Song was in attendance and addressed the committee and responded to questions.

Chrisna Nortje - Principal Specialist Animal Management, Rosie Argle – Solictor and Carly Triska - Team Leader Animal Mgmt Central addressed the committee and outlined the classification and responded to questions.

The objector was given the opportunity to reply to the matters raised by council and provide the committee with final comments.

The hearing concluded at 10.38am.

 

 

Procedural motion to exclude the public

Resolution number REG/2022/19

MOVED by Cr L Cooper, seconded by Cr E Collins:  

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:

 

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

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)(i) - The withholding of

the information is necessary

to enable the local authority

to carry on, without prejudice

or disadvantage, negotiations

(including commercial and

industrial negotiations).

In particular, the

deliberations of the decision

could compromise the

council in undertaking

without prejudice

negotiations of this objection

pursuant to section 33A of

the Dog Control Act 1996

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.


The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

CARRIED

 

 

 

10.40am                      The public was excluded.

 

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and will be available in the open minutes.

 

 

10.54am                      The public was re-admitted.

 

restatementS

 

It was resolved while the public was excluded:

 

11

Determination of objection to menacing classification - Mr Xian Peng Song

 

Resolution number REG/2022/14

MOVED by Cr D Newman, seconded by Cr C Casey:  

That the Regulatory Committee:

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

b)      uphold the classification.

Restatement

c)      agree that the matter remain confidential until the conclusion of the hearing and then be restated in the open minutes.

CARRIED

 

Reason for decision:

 

Mr Song initially denied that his dog attacked another dog on 22 September 2020. He later changed his statement and stated that his dog was provoked by the victim dog and repeated that at this hearing. However, it is the responsibility of a dog owner to control their dog at all times.

Mr Song challenged the infringement notice issued in respect of the attack and the Court upheld the infringement notice thereby confirming his responsibility for the offence and required Mr Song to pay reparations to the victim dog’s owner for vet costs.

Mr Song stated in his evidence that his dog does not like little dogs or puppies as it was bitten by a small dog when it was young. He also stated that his dog had previously attacked another dog and he had paid the vet costs associated with that incident.

The Committee is satisfied based on the information and evidence presented at the hearing that Mr Song’s dog has attacked other dogs on at least two occasions requiring veterinary care for the victim dogs. The Committee considers that Mr Song’s dog continues to pose a threat to other animals, particularly small dogs.

Mr Song has not informed Animal Management of any steps he has taken to prevent the threat posed by his dog to other persons or animals. When questioned by the Committee, Mr Song confirmed he was not willing to have the dog neutered as he may wish to breed in the future and does not muzzle his dog.

The Committee is not satisfied that the matters raised by Mr Song are a sufficient basis to uphold his objection given the clear evidence of past attacks, threat of further attacks, and the lack of any steps taken to accept responsibility for his dog’s behaviour or address the threat posed by his dog to other animals.

The Committee resolves to uphold the menacing classification.

 

 

 

 

 

12        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

 

10.54am                                             The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Regulatory Committee HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:.......................................................