Minutes of Regulatory Committee - Tuesday, August 9, 2022

Regulatory Committee

09 August 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	ü
Cr J Bartley	ü	IMSB Member G Wilcox	ü
Cr C Casey - apology		Cr S Stewart	ü
Cr E Collins		Cr P Young
Cr S Henderson	ü	Mayor P Goff (Ex-officio) - apology
Cr D Newman		Deputy Mayor B Cashmore (Ex-officio)	ü

1 Apologies

Resolution number REG/2022/34

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

That the Regulatory Committee:

a) accept the apologies from

Absence

Mayor Phil Goff
Cr Cathy Casey

Lateness

Cr Daniel Newman
Cr Paul Young
Cr Efeso Collins

Early Departure

Cr Sharon Stewart

CARRIED

2 Declaration of Interest

There were no declarations of interest.

3 Confirmation of Minutes

Resolution number REG/2022/35

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

That the Regulatory Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 5 July 2022, including the confidential section, as a true and correct record.

CARRIED

4 Petitions

There were no petitions.

5 Public Input

5.1	Public Input – Lance Wickman - Set Netting Ban at Matakatia Bay
	Cr E Collins joined the meeting at 10.05am. Cr D Newman joined the meeting at 10.11am.
	Lance Wickman was present to address the meeting regarding item 8 - Investigation of a set net fishing ban at Mataktia Bay, 2022. Christine Moore and Garth Moore were also in attendance. A letter was tabled in support of this item. A copy has been placed on the official minutes and will be available on the Auckland Council website as a minutes attachment.
	Resolution number REG/2022/36 MOVED by Cr S Stewart, seconded by Cr L Cooper: That the Regulatory Committee: a) thank Lance Wickman for his presentation regarding a set net fishing ban at Matakatia Bay. CARRIED
	Attachments a Public Input - Matakātia Bay Community Support for Set Netting Control letter

6 Local Board Input

6.1

Local Board Input - Hibiscus and Bays Local Board - Investigation of Set Net Fishing at Matakatia Bay

Leanne Willis, Hibiscus and Bays Local Board Member was in attendance to address the meeting regarding item 8 – Investigation of Set Net Fishing at Matakatia Bay, 2022.

Resolution number REG/2022/37

MOVED by Cr L Cooper, seconded by Cr S Stewart:

That the Regulatory Committee:

a) receive the presentation regarding item 8 - Investigation of Set Net Fishing at Matakatia Bay and thank Leanne Willis, Hibiscus and Bays Local Board for attending the meeting.

CARRIED

7 Extraordinary Business

There was no extraordinary business.

Investigation of a set net fishing ban at Matakatia Bay, 2022

MOVED by Cr L Cooper, seconded by Cr S Henderson:

That the Regulatory Committee:

a) whakaae / agree to maintain the status quo – no seasonal set net fishing ban at Matakatia Bay, Whangaparāoa as the evidence does not meet the criteria council has made in the Public Safety and Nuisance Bylaw 2013 and is not appropriate, proportionate, and reasonable considering the evidence.

MOVED by Cr S Stewart, seconded by Cr D Newman an amendment by way of replacement:

That the Regulatory Committee:

a) tinaku / defer consideration of the findings of the Auckland Council’s Investigation of a set net fishing ban at Matakatia Bay, 2022

b) tono / request staff conduct further research to refine the report and to develop a gap analysis against the current regulatory provisions and the councils adopted Risk Categorisation and Prioritisation Matrix.

c) tono / request staff to provide a comprehensive local board view, and give greater weight to the views of the local board and the local community when reassessing the investigation of potential set net fishing ban at Matakatia Bay.

A division was called for, voting on which was as follows:

For

Cr D Newman

Cr S Stewart

Against

Cr J Bartley

Deputy Mayor BC Cashmore

Cr E Collins

Cr L Cooper

Cr S Henderson

IMSB Chair D Taipari

IMSB Member G Wilcox

Abstained

The motion was declared lost by 2 votes to 7.

LOST

Debate continued on the substantive motion.

Cr P Young joined the meeting at 11.06am.

Resolution number REG/2022/38

MOVED by Cr L Cooper, seconded by Cr S Henderson:

That the Regulatory Committee:

a) whakaae / agree to maintain the status quo – no seasonal set net fishing ban at Matakatia Bay, Whangaparāoa as the evidence does not meet the criteria council has made in the Public Safety and Nuisance Bylaw 2013 and is not appropriate, proportionate, and reasonable considering the evidence.

CARRIED

Review findings of the Bylaw for Indoor Domestic Fires 2017

Cr S Stewart left the meeting at 11.08am.

Resolution number REG/2022/39

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

That the Regulatory Committee:

a) whakaae / agree to the key findings in the ‘Indoor Domestic Fires Bylaw 2017: 2022 Review Findings Report’ in Attachment A of this agenda report

b) whakaae / agree a bylaw is the most appropriate way to address public health risks from the use of indoor domestic fireplaces not regulated by the national wood burner standards, and the specific improvements for staff to investigate and report back are:

i) removing public nuisance clause (cl 6(1)) to avoid duplication with the Unitary Plan

ii) removing prohibited fuels clause (cl 6 (2)) and relying on existing non-regulatory measures to address issues on unenforceability

iii) considering a higher design standard (cl 7) to align with global best practice

iv) considering rules for combustion appliances without a flue or chimney and alignment with the Healthy Homes Standards to address harmful emissions indoors

v) removing reference to ‘air quality’ in the Bylaw’s title, using plain language and clarifying the terms and definitions related to the Auckland Urban Air Quality Area (cl 7) to make the Bylaw easier to understand and comply with

vi) balancing regulatory restrictions, environmental concerns and the well-being of low socio-economic families during winter months.

c) tono / request that staff, as delegated by the Chief Executive, prepare a report in response to the findings that develops options for a new and improved bylaw for consultation in 2023.

CARRIED

Summary of Regulatory Committee Information - updates, memos and briefings - 9 August 2022

Resolution number REG/2022/40

MOVED by Cr L Cooper, seconded by IMSB Chair D Taipari:

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 9 August 2022.

CARRIED

The meeting adjourned at 11.24am and reconvened at 11.29am.

Determination of an Objection to a Menacing Dog Classification by Richard Grounds

The hearing commenced at 11.30am in relation to the objection against the Menacing Dog Classification issued for dog ‘Spark’ under section 33A of the Dog Control Act 1996.

The objector addressed the committee and outlined the classification and responded to questions.

Council staff addressed the committee and outlined the classification and responded to questions.

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

The hearing concluded at 11.57am.

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

The hearing commenced at 11.58am in relation to the objection against the Menacing Dog Classification issued for dog ‘Oscar’ under section 33A of the Dog Control Act 1996.

Malvina Waiariki, on behalf of the objector addressed the committee and outlined the classification and responded to questions.

Council staff addressed the committee and outlined the classification and responded to questions.

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

The hearing concluded at 12.11pm.

13	Objection against disqualification of dog owner - Alexandra Johnston
	This item was deferred until the September meeting of the Regulatory Committee.

Public Excluded

Resolution number REG/2022/41

MOVED by Cr L Cooper, seconded by Cr P Young:

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 an Objection to a Menacing Dog Classification by Richard Grounds

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, deliberations of the decision could be 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.

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

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.

In particular, deliberations of the decision could be 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

12.12am The public was excluded.

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

12.22pm The public was readmitted

RESTATEMENTS

It was resolved while the public was excluded:

Determination of an Objection to a Menacing Dog Classification by Richard Grounds

Resolution number REG/2022/38

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

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:

The Committee is satisfied on the evidence presented that Mr Grounds’ dog Spark was involved in two incidents within two days where his dog displayed menacing behaviour and that Spark poses a threat to people and other animals.

Mr Grounds stated that the first incident was in defence, rather than an attack. However Mr Grounds was not present at the time of the incident. Mr Grounds stated that identity of the attacking dog was an issue for the second incident and that the dog may have come from a nearby worksite where trades people were working. Mr Grounds stated that his dog is not aggressive and that an aggressive dog bites more than once and does not stop.

The Committee is satisfied on the information presented that Spark was responsible for the two incidents. While the description of the dog’s colour in the second incident was partially incorrect, the complainant noted the incident happened very quickly and the general description of the dog was accurate and the offending dog was tied up in the same location as the day before. The person in control of Spark admitted the incident the prior day.

Mr Grounds provided video evidence of his dog socializing with other dogs to support his objection to Spark being classified as menacing.

The video images were poor and the Committee as not satisfied that selective videos of positive interactions means Spark does not pose a threat to people or animals.

Spark has been desexed. Mr Grounds is aware that the only other requirements for a menacing dog is for it to be on a lead and muzzled. Mr Grounds did not explain why that was an issue and has not taken any steps to address the behaviour, such as behaviour training.

The Committee considers Mr Grounds has not taken responsibility for Spark’s behaviour and demonstrated an unwillingness to accept that Spark has caused harm to other dogs.

The Committee is satisfied that that the menacing classification should be upheld.

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

Resolution number REG/2022/39

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

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:

Ms Waiariki appeared on behalf of the registered owner of Oscar, a 2 year old male Rottweiler.

Ms Waiariki accepted that Oscar had attacked another dog while off lead in what she described an unfortunate set of events. She stated that the registered owner had taken responsibility for the incident, apologised and paid the vet bill for the injured dog.

Oscar has had some professional training and was currently doing a course to establish a good behaviour record. Oscar has been desexed

Animal management staff consider Oscar is territorially aggressive and a period of time is required to establish that he has been adequately trained and after that an application could be made to remove the menacing classification.

Despite the initial steps taken by the owner to correct Oscar’s behaviour, the Committee is satisfied that Oscar is menacing and the classification should be upheld until such time as it can be demonstrated that the menacing behaviour has been addressed and is no longer a threat to people or animals.

14 Consideration of Extraordinary Items

There was no consideration of extraordinary items.

12.22pm 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:.......................................................

Chairperson	Cr Linda Cooper, JP
Deputy Chairperson	Cr Josephine Bartley	Via electronic link
Members	Deputy Mayor Cr Bill Cashmore	Via electronic link
	Cr Fa’anana Efeso Collins	Via electronic link, from 10.05am, Item 5
	Cr Shane Henderson	Via electronic link
	Cr Daniel Newman, JP	Via electronic link, from 10.11am, Item 5
	Cr Sharon Stewart, QSM	Via electronic link, until 11.08am, Item 9
	IMSB Chair David Taipari	Via electronic link
	IMSB Member Glenn Wilcox	Via electronic link
	Cr Paul Young	Via electronic link, from 11.06am, Item 8