Kōmiti Whakahaere ā-Ture/

Regulatory Committee

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory Committee held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Tuesday, 13 September 2022 at 10.00am. A recording of the meeting will be available on the Auckland Council website. https://www.aucklandcouncil.govt.nz/about-auckland-council/how-aucklandcouncilworks/meetings-council-bodies/Pages/webcasts-council-meetings.aspx.

 

present

 

Chairperson

Cr Linda Cooper, JP

 

Deputy Chairperson

Cr Josephine Bartley

Via electronic link

Members

Cr Dr Cathy Casey

Via electronic link

 

Deputy Mayor Cr Bill Cashmore

Via electronic link
Until 10.25am, Item 8

 

Cr Fa’anana Efeso Collins

Via electronic link

 

Cr Shane Henderson

Via electronic link

 

Cr Daniel Newman, JP

Via electronic link
From 10.18am, Item 9

 

IMSB Chair David Taipari

Via electronic link
Until 10.32am, Item 8

 

IMSB Member Glenn Wilcox

Via electronic link

 

Cr Paul Young

 

 

ABSENT

 

 

Mayor Hon Phil Goff, CNZM, JP

 

 

Cr Sharon Stewart, QSM

 

 

 


Regulatory Committee

13 September 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

ü

Cr S Stewart - apology

 

Cr E Collins

ü

Cr P Young

ü

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/2022/44

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

That the Regulatory Committee:

a)         accept the apologies from:

Absence

Mayor P Goff – on council business
Cr S Stewart

Lateness

Cr D Newman

Early Departure

IMSB Chair D Taipari
Deputy Mayor B Cashmore

CARRIED

 

 

2          Declaration of Interest

 

There were no declarations of interest.

 

 

3          Confirmation of Minutes

 

Resolution number REG/2022/45

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

That the Regulatory Committee:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 9 August 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.

 

 

Note:      The chairperson accorded precedence to Item 9 Auckland Council Submission on MBIE Consultation on Building Consent System Review, at this time.

 

9

Auckland Council Submission on MBIE Consultation on Building Consent System Review

 

Cr D Newman joined the meeting at 10.18 am.

 

Resolution number REG/2022/46

MOVED by Cr P Young, seconded by Cr D Newman:  

That the Regulatory Committee:

a)      receive and note the content on the submission as provided in the attached document.

CARRIED

 

 

8

Animal Management Annual Report 2021 - 2022

 

Note:   changes were made to the original recommendation, adding new clause c), being added as a Chair’s recommendation.

 

Deputy Mayor BC Cashmore retired from the meeting at 10.25 am.
IMSB Chair D Taipari retired from the meeting at 10.32 am.

 

Resolution number REG/2022/47

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

That the Regulatory Committee:

a)      receive the Animal Management Annual Report 2021 - 2022

b)      note that the Animal Management Annual Report is required under Section 10A of the Dog Control Act 1996, and that the report will be published on the Auckland Council website, and a link to the report forwarded to the Department of Internal Affairs

c)      thank the Animal Management team across the region for their outstanding work in a difficult situation over the last year.

CARRIED

 

 

 

Note:   Item 9 Auckland Council Submission on MBIE Consultation on Building Consent System Review was considered prior to Item 8 Animal Management Annual Report 2021 - 2022.

 

 

 

10

Resource Consents Appeals: Status Report 13 September 2022

 

Resolution number REG/2022/48

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

That the Regulatory Committee:

a)      receive the Resource Consents Appeals: Status Report 13 September 2022.

CARRIED

 

 

 

11

Summary of Regulatory Committee Information - updates, memos and briefings - 13 September 2022

 

Resolution number REG/2022/49

MOVED by Cr C Casey, seconded by Cr J Bartley:  

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 13 September 2022.

CARRIED

 

 

 

Cr E Collins retired from the meeting at 11.08 am.

 

The meeting adjourned at 11.08am and reconvened at 11.18am.

 

 

12

Objection to proposed stormwater works at 9 Orion Place, Hillcrest

 

The hearing commenced at 11.18am in relation to the objection by the owners of 9 Orion Place, pursuant to section 460 of the Local Government Act 1974.

Council staff provided a PowerPoint presentation of an overview of the application, addressed the committee in support and responded to questions from the committee.

The objector, 9 Orion Place was in attendance and spoke to their objection to the wastewater connection and responded to questions from the committee.

Council staff responded to matters raised during the hearing.

The hearing concluded at 11.58am.

 

Attachments

a     13 September 2022 Regulatory Committee item 12" Objection to proposed stormwater works at 9 Orion Place, Hillcrest - PowerPoint presentation

 

 

 

13

Determination of Objection to Nuisance Abatement Notice - David Fenton

 

The hearing commenced at 11.59am in relation to the objection against the Nuisance Abatement Notice.

Racheal Fenton on behalf of the objector addressed the committee and outlined their objection and responded to questions.

Council staff addressed the committee and outlined the Nuisance Abatement Notice and responded to questions.

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

The hearing concluded at 12.38am.

 

 

 

The meeting adjourned at 12.38pm and reconvened at 12.45pm.

 

 

 

14

Determination of Objection against Disqualification of Dog Owner by Nicola Brigitta van Lunenburg

 

The hearing commenced at 12.45pm in relation to the objection against the disqualification of dog owner.

The objector addressed the committee and outlined their objection and responded to questions.

Council staff addressed the committee and outlined the disqualification of dog owner and responded to questions.

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

The hearing concluded at 1.11pm.

 

 

 

 

15

Objection against disqualification of dog owner - Alexandra Johnston

 

The hearing commenced at 1.11pm in relation to the objection against the disqualification of owning a dog.

The objector addressed the committee and outlined their objection and responded to questions.

Council staff addressed the committee and outlined the disqualification of owning a dog and responded to questions.

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

The hearing concluded at 1.55pm.

 

 

 

The meeting adjourned at 1.56pm and reconvened at 2.09pm.

 

 

 

Public Excluded

Resolution number REG/2022/50

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:

 

12      Objection to proposed stormwater works at 9 Orion Place

 

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 460 of the Local Government Act 1974.

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.

 

 

 

 

 

13      Determination of Objection to Nuisance Abatement Notice - David Fenton

 

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.

 

 

 

 

14      Determination of Objection against disqualification of dog owner – Nicola Brigitta van Lunenburg

 

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.

 

15      Objection against disqualification of dog owner - Alexandra Johnston

 

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.


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

 

 

 

2.10pm            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.

 

 

2.33pm            The public was readmitted

 


 

 

RESTATEMENTS

 

It was resolved while the public was excluded:

 

 

12

Objection to proposed stormwater works at 9 Orion Place, Hillcrest

 

Resolution number REG/2022/51

MOVED by Cr L Cooper, seconded by Cr D Newman:  

That the Regulatory Committee:

a)      consider the application by the Council, and any objection by the Affected Owner, to construct a private stormwater pipe at 9 Orion Place, Hillcrest undersection 460(2) of the LGA74;

b)      determine that the only practical route for the new private stormwater connection for 3 Orion Place, Hillcrest to connect to the public stormwater network is through the adjoining property at 9 Orion Place, Hillcrest; and

c)      resolve that the Council proceed with the construction of the private stormwater connection from 3 Orion Place, Hillcrest to the public stormwater network in 9 Orion Place, Hillcrest, according to Section 460(1) of the LGA74

Restatement

d)      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 approved route through 9 Orion Place is the most direct route with the least disruption to property owners, least risk to existing structures, least cost and results in the best stormwater treatment outcomes. The route is not reliant on a siphon or curb discharge which can result in flooding of the road and potentially downstream properties.

The objector expressed concern regarding damage done to their property as a result of previous work.  That is not a matter Council has control over or can consider, however, Council will be responsible for undertaking the authorised drainage work and site reinstatement once work is completed.

 

 

 

 

13

Determination of Objection to Nuisance Abatement Notice - David Fenton

 

Resolution number REG/2022/52

MOVED by Cr S Henderson, seconded by IMSB Member G Wilcox:  

That the Regulatory Committee:

a)      hear and determine the objection to the Nuisance Abatement Notice, and

b)      uphold the Nuisance Abatement Notice

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 objector considers that the barking is not persistent and is alert barking and that someone is home most days with the dog. The objector considers the complaints are exaggerated.

 

However, the Committee considers that the barking is persistent and not merely alert barking. Persistent barking often happens when the owners are not present and this is a sign of boredom. While the objector has taken steps previously to address barking noise, that has not fully addressed the issue and other steps are available to the owner such as dog socialisation, more exercise, bringing the dog in at night and continued use of sonic bark boxes.  In these circumstances it is appropriate to uphold the nuisance abatement notice.

 

 

 

14

Determination of Objection against Disqualification of Dog Owner by Nicola Brigitta van Lunenburg

 

Resolution number REG/2022/53

MOVED by Cr J Bartley, seconded by Cr C Casey:  

That the Regulatory Committee:

a)      hear and determine the objection, and

b)      uphold the disqualification

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 objector stated that she loved her dogs, looks after them well and has completed a responsible dog owners course. However she accepted that the dogs in her control continue to escape the property despite various measures to control them and that the property is not suitable to contain dogs at all times.  The objector also stated that there was no issue until current neighbours moved in.

 

The Committee considers that the objector does not fully understand their responsibilities as a dog owner or person in control of a dog to control their dog at all times.  Roaming dogs pose a threat to people, motorist and nesting birds at Piha.  Offending has occurred at a separate property and while the owner was on probation. Further incidents are likely to occur given the accepted difficulty of containing dogs on the property. The Committee considers it is likely further offending may occur and in these circumstances it is appropriate to uphold the disqualification.

 

 

 

 

 

 

 

 

 

 

 

 

15

Objection against disqualification of dog owner - Alexandra Johnston

 

Resolution number REG/2022/54

MOVED by Cr C Casey, seconded by Cr J Bartley:  

That the Regulatory Committee:

a)      hear and determine the objection, and

b)      uphold the disqualification

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 objector stated that she had purchased and registered the dog on behalf of her son.  She considered that it was a difficult breed to own and train and queried what more she could have done to look after the dog.  She also stated she was not at fault for the attacks, was not in possession of the dog at the time it attacked and was only the owner in name.

The objector demonstrated to the Committee in her submissions that she does not fully understand her responsibilities as a registered dog owner.

The objector’s dog was responsible for two attacks on two separate private properties where domestic pets were killed. The objector was convicted of two charges in relation to these attacks.  Despite her conviction, the objector sought to blame the pet owners for not controlling their animals on their own property and to minimise the harm her dog caused and stated that “dogs will be dogs”.

The objector also accepted that her dog had been unmuzzled in a public place on at least two occasions in breach of the terms of her dog’s release and its menacing classification. 

Given the objector’s continued refusal to accept responsibility for the incidences that occurred it is likely that further offending may occur and in these circumstances it is appropriate to uphold the disqualification.

 

 

 

 


 

 

16        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

 

 

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

 

CONFIRMED AS TRUE AND CORRECT BY

THE CHAIRPERSON AND CHIEF EXECUTIVE UNDER STANDING ORDER 8.1.4 ON

 

 

 

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

 

 

 

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

 

 

 

CHIEF EXECUTIVE
 OR NOMINEE
:…………………………..………………