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

Date: Time: Meeting Room: Venue:	Tuesday, 14 June 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

9 June 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 14 June 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                                                                                                9

8          Determination of an objection to a menacing dog classification - Cameron Waiariki                                                                                                                                       11

9          Summary of Regulatory Committee Information - updates, memos and briefings - 14 June 2022                                                                                                                      43

10        Consideration of Extraordinary Items

PUBLIC EXCLUDED

11        Procedural Motion to Exclude the Public                                                                 57

C1       Delegations sought to abide on three claims for judicial review of resource consents at High Court                                                                                               57

C2       Appointment of Panel member to the National Policy Statement - Urban Development plan change Independent Hearing Panel                                          57

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, 10 May 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 14 June 2022

Determination of an objection to a menacing dog classification - Cameron Waiariki

File No.: CP2022/07586

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2.       Mr Waiariki is the owner of a 2-year 2-month-old male entire Rottweiler called Oscar.

3.       On 20 December 2021 Oscar attacked another dog, that was being walked on a leash, by biting it on its cheek. The bite wound necessitated veterinary treatment.

4.       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.

5.       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.

6.       On 10 January 2022, Animal Management classified Oscar menacing by deed because it considered that the dog may pose a threat to the safety of persons or animals. The notice was served on Mr Waiariki on 4 February 2022 (Attachment A).

7.       On 18 February 2022, Mr Waiariki and his wife objected to the classification (Attachment B). The bases of their objection are that:

·    Oscar is not aggressive towards other dogs,

·    They have offered to pay the complainant’s vet costs, and

·    The altercation between the two dogs occurred after the complainant’s dog had started to lunge at Oscar.

8.       There is a conflict between the complainant’s statement and Mrs Waiariki’s version about the events immediately before the attack:

·    The complainant states that Oscar came out from a property with its hackles raised and attacked her dog without warning

·    Mrs Waiariki raises provocation as the reason for the attack. She states that Oscar went to the complainant’s dog to greet it but that that dog then lunged at Oscar. She does not mention any observed signs of aggression exhibited by the complainant’s dog.

9.       Even on Mrs Waiariki’s version, Oscar may still pose a threat to other dogs. A person leaving their dog uncontrolled and unleashed in a public place must be confident that their dog could behave properly in the presence of other dogs of varying sizes and temperaments. If Oscar were again put in a similar situation he may possibly react in a similar way and thus pose a threat to other dogs.

10.     This threat will be reduced if Oscar is neutered and will be eliminated if Oscar is muzzled when in a public place.

11.     Pursuant to clause 17 of the Auckland Council Dog Management Bylaw 2019 the menacing classification may be reviewed and revoked on application after 12 months if Mr Waiariki:

·    Provides a dog behavioural assessment report on Oscar,

·    Has not been issued with infringement notices relating to Oscar within the preceding 12-month period, and

·    Has obtained a responsible dog ownership licence.

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

12.     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.

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

14.     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.

15.     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.

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

17.     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, and

d)   Any other relevant matters.

Evidence which formed the basis for the classification

18.     Summary of the complainant’s statement (Attachments C and D).

On 20 December 2021 at about 6.45pm the complainant and her partner were walking their dog, a 2-year 2-month-old male entire Swiss Husky, along Clive Road in Mount Eden. Their dog was on a lead. When they were about 3 metres away from a residential property situated next to the Tahaki Reserve, a woman came out of that property with a Rottweiler dog. The woman was later identified as Mrs Waiariki and the dog as Oscar. Oscar was not on a lead and immediately came towards their dog with its hackles raised. It attacked their dog around its face. The complainant’s partner tried to pull their dog away, but Oscar kept its grip on their dog. The woman ran to them and called Oscar to stop. Oscar eventually released their dog.

Their dog sustained a puncture wound to its cheek. The dog was taken to the vet for treatment. A copy of the vet bill is attached as Attachment E and photos of the bite wound are attached as Attachment F.

19.     Summary of Mr and Mrs Waiariki’s case

Mr Waiariki admitted during an interview with the investigating animal management officer that Oscar had been off leash when his partner left home to take the dog for a walk at the nearby park. They are willing to reimburse the complainant her vet expenses.

In their objection to the menacing classification notice (see Attachment B), Mrs Waiariki admits that there had been an incident during which Oscar bit the complainant’s dog in reaction to the complainant’s dog starting to lunge at Oscar.

20.     Historical report of aggressive behaviour

On 22 July 2021, the complainant reported aggressive behaviour by a Rottweiler at a property situated in Clive Road next to the Tahaki Reserve. The complaint involved the dog jumping up against the border fence and growling at passers-by. This dog was identified as Oscar. The job sheet RFS 8100877874 is attached and marked G.

21.     The complainant’s version that Oscar was the aggressor is more probable for the following reasons:

·    Oscar’s hackles were raised when it ran over to the complainant’s dog

·    Oscar’s action on 22 July 2021 and again on 20 December 2021 is typical of territorial aggression

·    Oscar’s aggression is further manifested by him not releasing his grip on the complainant’s dog

·    There is no evidence that the complainant’s dog was aggressive.

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

20.     Mr Waiariki has not informed Animal Management whether Oscar has since this incident been de-sexed, or whether Oscar has attended any behavioural modification courses.

Matters relied upon in support of the objection

21.     The bases of the objection are that:

·    Oscar is not aggressive towards other dogs,

·    They have offered to pay the complainant’s vet costs, and

·    The altercation between the two dogs occurred after the complainant’s dog had started to lunge at Oscar.

Tātaritanga me ngā tohutohu

Analysis and advice

22.     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 in order to classify a dog as menacing. It suffices if there is a potential of harm by the dog to persons and animals.

23.     Oscar may be a threat to other dogs even on Mrs Waiariki’s version that Oscar reacted to the complainant’s dog starting to lunge at him. In the public Oscar will meet with dogs with varying sizes and temperaments. It is expected that a dog would not react disproportionally at another dog’s barking or lunging by attacking it. If Oscar were put in a similar situation, he may possibly react in a similar way by attacking the other dog.

24.     This threat will be eliminated if he is muzzled when in public. His aggression will also be tempered if he is de-sexed.

25.     Pursuant to clause 17 of the Auckland Council Dog Management Bylaw 2019 the menacing classification may be reviewed and revoked on application after 12 months if Mr Waiariki:

·    Provides a dog behavioural assessment report on Oscar,

·    Has not been issued with infringement notices relating to Oscar within the preceding 12-month period, and

·    Has obtained a responsible dog ownership licence.

Tauākī whakaaweawe āhuarangi

Climate impact statement

26.     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

27.     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

28.     This report has no local impact. Local Board views have not been sought.

Tauākī whakaaweawe Māori

Māori impact statement

29.     This report has no impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     There are no risks in upholding the classification.

Ngā koringa ā-muri

Next steps

32.     The Regulatory Committee must give Mr Waiariki written notice of its decision as soon as practical.

Ngā tāpirihanga

Attachments

No.	Title	Page
a⇩	Notice of classification	17
b⇩	Objection to menacing classification	19
c⇩	Complainant statement - short	21
d⇩	Complainant statement - long	27
e⇩	Vet bill	33
f⇩	Photo of bite wounds	35
g⇩	Request For Service 8100877874	39

Ngā kaihaina

Signatories

Author	Chrisna Nortje - Principal Specialist, Animal Management
Authorisers	Eleanor Waitoa, Manager Animal Management James Hassall - General Manager, Licensing and Regulatory Compliance Craig Hobbs - Director Regulatory Services

Regulatory Committee 14 June 2022

Regulatory Committee 14 June 2022

Regulatory Committee 14 June 2022

Regulatory Committee 14 June 2022

Regulatory Committee 14 June 2022

Regulatory Committee 14 June 2022

Regulatory Committee 14 June 2022

Regulatory Committee 14 June 2022

Summary of Regulatory Committee Information - updates, memos and briefings - 14 June 2022

File No.: CP2022/07981

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Regulatory Committee:

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

b)      receive the summary of Regulatory Committee report 14 June 2022.

Ngā tāpirihanga

Attachments

No.	Title	Page
a⇩	Regulatory Committee Forward Work Programme	45

Ngā kaihaina

Signatories

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

Regulatory Committee 14 June 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		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 14 June 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       Delegations sought to abide on three claims for judicial review of resource consents at High Court

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)(g) - The withholding of the information is necessary to maintain legal professional privilege. 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 report contains information that could compromise the council and or other parties in the position it seeks to adopt in these judicial reviews that are before the High Court.	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.

C2       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. 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.