|
Komiti mō te Waeture me te
Haumarutanga / Regulatory and Safety Committee
OPEN MINUTES
|
Te Hunga kua
Tae mai | present
|
Deputy
Chairperson
|
Cr Ken Turner,
presiding
|
|
|
Members
|
Cr Julie
Fairey
|
|
|
|
Cr Alf
Filipaina, MNZM
|
via electronic
link
|
|
|
IMSB Member Tony
Kake, MNZM
|
via electronic
link
Until 11.08am,
Item 11
|
|
|
Cr Kerrin
Leoni
|
|
|
|
Cr Sharon
Stewart, QSM
|
|
|
|
IMSB David
Taipari (alt)
|
Until 11.08am,
Item 11
|
|
|
Cr Wayne
Walker
|
Until 11.08am,
Item 11
|
|
Ex-officio
|
Mayor Wayne
Brown
|
Until 11.08am,
Item 11
|
Te Hunga Kāore i Tae Mai | ABSENT
|
Chairperson
|
Chair Josephine
Bartley
|
|
|
Members
|
Cr Andrew Baker
|
|
|
|
IMSB Member
Edward Ashby
|
|
|
Regulatory and
Safety Committee
27 June 2023
|
|
1 Ngā Tamōtanga | Apologies
|
Resolution number RSCCC/2023/25
MOVED by Cr W Walker, seconded by IMSB Chair D
Taipari:
That the Regulatory and Safety Committee::
a)
whakaae / accept
the apologies from:
Absence
Chairperson Cr J
Bartley - on council business
Cr Andrew Baker – on council business
IMSB Member Edward
Ashby – on council business
Early Departure
Mayor Brown –
on council business
Cr Wayne Walker
– on council business
IMSB David Taipari
– on council business
CARRIED
|
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
4 Ngā Petihana | Petitions
There were no
petitions.
5 Ngā
Kōrero a te Marea
| Public Input
|
5.1
|
Public Input: Grant Hewison, Nathan Cowie, Jasper
Soniter, Sarah Sneyd and Jennifer Lamm - Regulatory options to reduce alcohol
signage outside off-licence premises to reduce alcohol harm
|
|
|
|
|
|
Resolution number RSCCC/2023/27
MOVED by Deputy Chairperson K Turner, seconded by Cr W
Walker:
That
the Regulatory and Safety Committee:
a)
whakaae / accept the public input
from Grant Hewison, Nathan Cowie, Jasper Soniter, Sarah Sneyd and Jennifer
Lamm regarding Regulatory options to reduce alcohol signage outside
off-licence premises to reduce alcohol harm and whakamihi / thank them for their
attendance.
CARRIED
|
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.
|
8
|
Approval to commence recruitment for
independent hearing commissioners for the 2024-2026 term
|
|
|
Resolution
number RSCCC/2023/28
MOVED by IMSB Chair D Taipari, seconded by Cr W Walker:
That
the Regulatory and Safety Committee:
a) whakaae
/ approve the process for recruiting
independent commissioners for the 1 January 2024 to 31 December 2026 term
b) kopou
/ appoint a selection panel
comprising of Cr Fuli and Cr Turner with Cr Darby as a back-up, one
member of the Independent Māori Statutory Board and any two of the
following senior staff managers:
i) General Manager Plans and Places (or their delegate)
ii) General Manager Resource Consents or its equivalent (or
their delegate)
iii) General Manager Democracy and Engagement (or their
delegate)
iv) Manager Public Law (or their delegate)
to finalise a list of
recommended commissioners back to the Regulatory and Safety Committee.
c)
tautapa / delegate authority
to the chairperson of the Regulatory and Safety Committee to make a
replacement appointment in the event that an appointee in clause b) is
unavailable.
CARRIED
|
|
11
|
Findings from further investigation of
regulatory options to reduce alcohol signage outside off-licence premises
|
|
|
Resolution
number RSCCC/2023/31
MOVED by IMSB Member T Kake, seconded by Cr J Fairey:
That
the Regulatory and Safety Committee:
a) whakaae
/ agree to the key findings in the ‘Report on further investigation of
regulatory options to reduce alcohol advertising outside off-licence premises’
in Attachment A of this agenda report.
b) ohia
/ endorse the Auckland District Licensing Committee Practice Note on
off-licence advertising as the most appropriate option to reduce alcohol
advertising outside off-licence premises as detailed in Option three of this
agenda report.
c) request
the Auckland District Licensing Committee consider adding to their Practice
note on off-license advertising the following:
i) require
that all alcohol signage comply with the Advertising Standard Authority code
ii) clarify
that the stricter rule will apply where there is any conflict between the
signage Bylaw and the 25% façade limit
d) tuhi
ā-taipitopito / note that including discretionary conditions about
alcohol advertising outside off-licence premises can be considered during the
first statutory review of the Auckland Local Alcohol Policy, if and when it
becomes operative.
CARRIED
|
|
|
The meeting adjourned at 11.08am
until 11.13am.
Mayor W Brown
retired from the meeting at 11.08am.
Cr W Walker
retired from the meeting at 11.08am.
IMSB D Taipari
retired from the meeting at 11.08am.
IMSB T Kake retired from the meeting at 11.08am.
|
|
12
|
Determination of objections to menacing dog
classifications by Krystle Black
|
|
|
The hearing
commenced at 11.13am in relation to the objection against the menacing
classification.
Krystle Black
addressed the committee and outlined their objection to her dogs Roxy and
Rickie, 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 11.43am
|
Note: The Chairperson accorded precedence to Item 14 - Determination
of an objection to a menacing dog classification by Selena Kingi at this time.
|
14
|
Determination of an objection to a menacing dog
classification by Selena Kingi
|
|
|
|
|
|
The hearing
commenced at 11.43am in relation to the objection against the menacing
classification.
Selena Kingi
addressed the committee and outlined their objection to her dog, Havoc,
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 11.51am
|
The meeting was adjourned at 11.51am and
reconvened at 11.54am.
|
13
|
Determination of an objection to a menacing dog
classification by Ashley Williams
|
|
|
The hearing
commenced at 11.54am in relation to the objection against the menacing classification.
Ashley
Williams did not attend the hearing but the hearing went on without the
objector.
Council staff
addressed the committee and outlined the menacing classification and
responded to questions.
The objector
was unable to be given the opportunity to reply to the matters raised by the
council staff as they did not attend the hearing.
The hearing
concluded at 11.57am
|
15 Te Whakaaro ki ngā Take Pūtea e
Autaia ana | Consideration
of Extraordinary Items
There was no consideration
of extraordinary items.
|
16 Te Mōtini ā-Tukanga hei Kaupare i
te Marea | Procedural
Motion to Exclude the
Public
|
|
Resolution
number RSCCC/2023/32
MOVED by Deputy Chairperson K Turner, seconded
by Cr K Leoni:
That the Regulatory and Safety Committee:
a)
whakaae / agree to
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 CONFIDENTIAL:
Determination of an objection to a menacing dog classification by Krystle Black
|
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.
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.
|
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 CONFIDENTIAL:
Determination of an objection to a menacing dog classification by Ashley Williams
|
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.
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.
|
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 CONFIDENTIAL:
Determination of an objection to a menacing dog classification by Selena Kingi
|
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.
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.
|
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
|
11.58am The
public was excluded
RESTATEMENTS
It was resolved while the public was
excluded:
|
12
|
Determination of objections to menacing dog
classifications by Krystle Black
|
|
|
Resolution number RSCCC/2023/33
MOVED
by Deputy Chairperson K Turner, seconded by Cr J Fairey:
That
the Regulatory and Safety Committee:
a) kohuki
/ consider Ms Krystle Black’s objection to her dogs, Roxy and Rickie,
being classified as menacing under section 33A of the Dog Control Act 1996and
b) tautīnei
/ uphold Roxy’s and Rickie’s menacing classification under
section 33A of the Dog Control Act 1996.
Restatement
c) whakaae
/ agree that the matter remain confidential until the conclusion of the
hearing and then be restated in the open minutes.
|
|
|
Reasons
for Decision:
Having regard to the
information contained in the agenda report and evidence presented at the
hearing by Animal Management staff and the Objector, the Committee is satisfied
that the dogs may pose a threat to the safety of persons and animals in
public and that this potential threat can be eliminated by muzzling the dogs
and mitigated by desexing. The Committee does not accept the
Objector’s evidence that her dogs were not responsible for the attack
and the owner’s desire to breed the dogs is not a sufficient basis to
rescind the menacing classification. While inadequate fencing on the
owner’s property has been addressed, no other steps have been taken
such as behavioral modification.
|
|
13
|
Determination of an objection to a menacing
dog classification by Ashley Williams
|
|
|
Resolution number RSCCC/2023/34
MOVED
by Cr K Leoni, seconded by Cr S Stewart:
That the Regulatory and Safety Committee:
a) kohuki
/ consider Ms Ashley William’s objection to her dog, Tane, being
classified as menacing under section 33A of the Dog Control Act 1996 and
b) tautīnei
/ uphold Tane’s menacing classification under section 33A of the Dog
Control Act 1996.
Restatement
c) whakaae
/ agree that the matter remain confidential until the conclusion of the
hearing and then be restated in the open minutes.
|
|
|
Reasons
for Decision:
The Committee notes that the
Objector did not attend the hearing. The basis of the objection was
that Tane has never shown any aggression or attacked in the past, the attack
happened on the owner’s property and there is a beware of the dog sign
at the front of the property. The Committee is satisfied based on the
information in the Agenda report and the evidence presented by Animal
Management staff that Tane may pose a threat to people and animals and the
Objector has not indicated any steps taken to prevent this threat. The
presence of a sign does not prevent the threat and the public have an implied
licence to enter a property for a lawful purpose and approach the front door.
|
|
14
|
Determination of an objection to a menacing dog
classification by Selena Kingi
|
|
|
Resolution
number RSCCC/2023/35
MOVED by Deputy Chairperson K Turner, seconded by Cr K
Leoni:
That the Regulatory and Safety Committee:
a) kohuki /
consider Ms Selena Kingi’s objection to her dog, Havoc, being
classified as menacing under section 33A of the Dog Control Act 1996 and
b) tautīnei
/ uphold Havoc’s menacing classification under section 33A of the Dog
Control Act 1996.
Restatement
c) whakaae /
agree that the matter remain confidential until the conclusion of the hearing
and then be restated in the open minutes.
|
|
|
Reasons
for Decision:
The
Committee is satisfied based on the information in the Agenda report and the
evidence presented by Animal Management staff that Havoc may pose a threat to
the safety of people and animals. The basis for the objection is that
Ms Kingi will need to rehome Havoc under the terms of her property rental
agreement if declared menacing. No steps were identified by the owner
to prevent the threat posed by Havoc. While it is unfortunate that
Havoc may need to be rehomed, the need to protect the public and other
animals outweighs the personal circumstances of the owner given Havoc’s
history.
|
11.58 pm 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:.......................................................
