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Regulatory and
Safety Committee
07 March 2023
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Acknowledgement
Chairperson Cr Josephine Bartley
acknowledged the passing of trailblazer Georgina Bayer who was New
Zealand’s first transgender Mayor in 1995 and the world’s first
transgender Member of Parliament in 2005. Our
thoughts go to her friends and whanau.
1 Ngā
Tamōtanga | Apologies
2 Te Whakapuaki i te Whai
Pānga | Declaration of Interest
There were no
declarations of interest.
3 Te Whakaū i
ngā Āmiki | Confirmation of Minutes
There were no
minutes for confirmation.
4 Ngā
Petihana | Petitions
5 Ngā
Kōrero a te Marea
| Public Input
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5.1
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Public Input: Anna Easterbrook - challenges
of dog ownership / management within the Auckland region.
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Amanda Easterbrook requested that this be deferred to the next
meeting of the Regulatory and Safety committee.
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6 Ngā
Kōrero a te Poari ā-Rohe Pātata | Local Board Input
There was no
local board input.
7 Ngā Pakihi
Autaia | Extraordinary Business
There was no
extraordinary business.
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8
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Regulatory and Safety Committee Forward Work
Programme
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Resolution
number RSCCC/2023/3
MOVED by Chairperson J Bartley, seconded by Deputy
Chairperson K Turner:
That
the Regulatory and Safety Committee:
a) whakaae
/ approve the Regulatory and Safety Committee’s forward work programme (Attachment A of the report).
b) whakaae
/ agree that the Regulatory and Safety Committee’s forward work
programme be reported for information on a monthly basis and be reviewed
six-monthly in March and September every year.
CARRIED
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11
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Objection to stormwater and wastewater works
at 8 Bryant Place, Glendowie
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Council staff gave a PowerPoint
presentation. A copy has been placed on the official minutes and is available
on the Auckland Council website as a minutes attachment.
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C and E Rutherford tabled documents
in support of their objection to the stormwater and wastewater works at 8
Bryant Place, Glendowie. Copies have been place on the official minutes
and are available on the Auckland Council website as a minutes attachments.
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IMSB Member Tony Kake entered the
meeting at 10.36am.
IMSB Member Tony Kake retired from the meeting at 11.07am.
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The hearing commenced at 10.13am in relation to the
objection against stormwater and wastewater works at 8 Bryant Place,
Glendowie.
Council staff addressed the committee and outlined the
proposed stormwater and wastewater works at 8 Bryant Place, Glendowie
pursuant to section 181 of the Local Government Act 2002. and responded to
questions.
Campbell and Elizabeth Rutherford addressed the committee
and outlined their objection to the proposed stormwater and wastewater works
at 8 Bryant Place, Glendowie pursuant to section 181 of the Local Government
Act 2002. and responded to questions.
Council staff were given the opportunity to reply to
the matters raised by the objectors and provide the committee with final
comments.
The hearing concluded at 11.17am.
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Attachments
a 7 March 2023, Regulatory and Safety Committee.
Item 11 - Objection to stormwater and wastewater works at 8 Bryant Place,
Glendowie, Powerpoint Presentation
b 7 March 2023, Regulatory and Safety Committee.
Item 11 - Objection to stormwater and wastewater works at 8 Bryant Place,
Glendowie, objectors supporting documents
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The meeting adjourned at 11.19am and
reconvened at 11.26am.
Mayor W
Brown entered the meeting 11.26am.
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12
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Determination of an objection to a menacing
dog classification by Vani Kudigram Sripathy
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Tom Trnski and Vani Kudigram
Sripathy tabled documents in support of their objection to a
menacing dog classification against their dog Finn. Copies have been
place on the official minutes and are available on the Auckland Council
website as a minutes attachments.
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The hearing commenced at 11.26am in relation to the
objection against the menacing classification.
Tom Trnski and Vani Kudigram
Sripathy addressed the committee and outlined their objection to their dog,
Finn, having been classified as menacing under section 33A of the Dog Control
Act 1996 (DCA) and responded to questions.
Council staff addressed the committee and outlined the
menacing classification 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 12.06pm.
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Attachments
a 7 March 2023 - Regulatory and Safety
Committee. Item 12 Determination of an objection to a menacing dog
classification by Vani Kudigram Sripathy
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13
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Determination of objection to a menacing
classification by Ryan Kelsey
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Mayor Wayne Brown retired from the meeting at
12.10pm.
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The hearing commenced at 12.07pm in relation to the
objection against the menacing classification.
Ryan Kelsey was not present to address
the committee in relation to his objection to his dog, Radlee, being
classified as menacing under section 33A of the Dog Control Act 1996 (DCA).
Council staff addressed the committee and outlined the
menacing classification 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 12.13pm.
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14 Te Whakaaro ki ngā Take Pūtea e
Autaia ana | Consideration
of Extraordinary Items
There was no consideration
of extraordinary items.
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Public Excluded
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Resolution
number RSCCC/2023/6
MOVED by Chairperson J Bartley, seconded by Cr
A Filipaina:
That the Regulatory and Safety 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 Objection to stormwater and
wastewater works at 8 Bryant Place, Glendowie
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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 181 of the Local Government Act 1974.
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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.
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12 Determination of an objection
to a menacing dog classification by Vani Kudigram Sripathy
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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
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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.
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13 Determination of objection to
a menacing classification by Ryan Kelsey
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Reason for passing this resolution in relation to each matter
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Particular interest(s) protected (where applicable)
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Ground(s) under section 48(1) for the passing of this
resolution
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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.
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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
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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.
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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
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12.14pm The
public was excluded.
Resolutions in the confidential section of
this meeting will remain confidential until the
conclusion of the hearing and will then be restated in the open minutes.
1.01pm The
public was readmitted.
RESTATEMENTS
It was resolved while the public was
excluded:
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11
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Objection to stormwater and wastewater works
at 8 Bryant Place, Glendowie
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Resolution number RSCCC/2023/7
MOVED by Cr A Baker, seconded by Deputy Chairperson K
Turner:
That the Regulatory and Safety
Committee
a) hear
and determine the objections by the owners of 8 Bryant Place, Glendowie
according to clause 1(e) of Schedule 12 of the Local Government Act 2002
b) resolve
that the council will proceed with the extension of the public stormwater and
wastewater networks from the road corridor in Bryant Place, through the
corner of 8 Bryant Place, to 9 Kesteven Place, Glendowie (as shown in
Attachment A to the agenda report), according to clause 1(e) of Schedule 12
of the Local Government Act 2002.
Restatement
c) agree
that the matter remain confidential until the conclusion of the hearing and
then be restated in the open minutes.
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Reason for decision
The
Committee considers that the works are necessary for public stormwater
drainage under section 181(2) of the Local Government Act 2002, having
considered all of the practical options outline in the agenda report. The
preferred option (option 1.1) is the most cost effective and involves the
shortest and most direct pipe alignment with only a small section of pipe
being thrusted under the corner of the Objector’s property. As a public
pipe there will be capacity for other development to connect to the network
in the future.
The Objectors did not present
any evidence that the works were not necessary for stormwater drainage.
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12
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Determination of an objection to a menacing
dog classification by Vani Kudigram Sripathy
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Resolution number RSCCC/2023/8
MOVED by Chairperson J Bartley, seconded by Cr
J Fairey:
That the Regulatory and Safety
Committee:
a) hear
and consider Ms Sripathy’s objection to her dog, Finn, having been classified
as menacing under section 33A of the Dog Control Act and
b) uphold
Finn’s menacing classification under section 33A of the Dog Control
Act.
Restatement
agree that the matter remain confidential until the
conclusion of the hearing and then be restated in the open minutes.
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Reason
for decision
Having regard to
the information contained in the agenda report and evidence presented at the
hearing by both the objector and Council staff, there is insufficient
evidence to rescind the menacing classification and the Committee considers
the dog continues to pose a threat to persons or other animals.
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13
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Determination of objection to a menacing
classification by Ryan Kelsey
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Resolution number RSCCC/2023/9
MOVED by Cr A Filipaina, seconded by Cr A Baker:
That the Regulatory and Safety
Committee:
a) hear
and consider Mr Kelsey’s objection to his dog, Radlee, having been
classified as menacing under section 33A of the DCA and
b) uphold
Radlee’s menacing classification under section 33A of the DCA.
Restatement
agree that the matter remain confidential until the
conclusion of the hearing and then be restated in the open minutes
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Reason for
decision
Having regard to the information
contained in the agenda report and evidence presented at the hearing by
Council staff, there is insufficient evidence to rescind the menacing
classification and the Committee considers the dog continues to pose a threat
to persons or other animals. The Committee notes that the objector did not
attend the hearing.
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1.01pm 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 and Safety Committee
HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
