I hereby give notice that an ordinary
meeting of the Regulatory and Community Safety Committee will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Tuesday, 5
September 2023
10.00am
Room 1, Level
26
135 Albert Street
Auckland
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Komiti mō te Waeture me te Haumaru
ā-Hapori / Regulatory and Community Safety Committee
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Cr Josephine Bartley
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Deputy Chairperson
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Cr Ken Turner
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Members
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IMSB Member Edward Ashby
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Cr Julie Fairey
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Cr Alf Filipaina, MNZM
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IMSB Member Tony Kake, MNZM
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Cr Mike Lee
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Cr Kerrin Leoni
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Cr Sharon Stewart, QSM
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Ex-officio
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Mayor Wayne Brown
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Deputy Mayor Desley Simpson, JP
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(Quorum 5 members)
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Sam Riddiford
Governance Advisor
31 August 2023
Contact Telephone: 027 305 1871
Email: sam.riddiford@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Regulatory and
Community Safety Committee
05 September
2023
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ITEM TABLE
OF CONTENTS PAGE
1 Ngā Tamōtanga | Apologies 5
2 Te Whakapuaki i te Whai Pānga | Declaration of Interest 5
3 Te Whakaū i ngā Āmiki | Confirmation of Minutes 5
4 Ngā Petihana | Petitions 5
5 Ngā Kōrero a te Marea | Public Input 5
5.1 Public Input: Amanda Easterbrook - challenges of
dog ownership / management within the Auckland region. 5
5.2 Public Input: ASH - Youth Vaping in Auckland 5
6 Ngā Kōrero a te Poari ā-Rohe
Pātata | Local
Board Input 6
7 Ngā Pakihi Autaia | Extraordinary Business 6
8 Youth Vaping:
Key Facts and Statistics 7
9 Start of
gambling and dog policy/bylaw reviews 9
10 Dog Roaming, Aggression,
and Attacks Response 15
11 Regulatory Services FY23 17
12 Resource Consents Appeals:
Status Report 5 September 2023 19
13 Summary of Regulatory and
Community Safety Committee information memoranda, workshops and and briefings
(including the Forward Work Programme) - 5 September 2023 23
14 Te Whakaaro ki ngā Take Pūtea e
Autaia ana | Consideration
of Extraordinary Items
1 Ngā Tamōtanga | Apologies
At the close of
the agenda, an apology had been received from Cr M Lee.
2 Te Whakapuaki i te Whai Pānga | Declaration
of Interest
3 Te Whakaū i ngā Āmiki | Confirmation of Minutes
Click
the meeting date below to access the minutes.
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That the Regulatory and Community Safety Committee:
a)
confirm the ordinary minutes of its meeting,
held on Tuesday,
27 June 2023, including the confidential section,
as a true and correct record.
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4 Ngā Petihana | Petitions
5 Ngā Kōrero a te Marea | Public Input
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5.1 Public
Input: Amanda Easterbrook - challenges of dog ownership / management within
the Auckland region.
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Te take mō te pūrongo
Purpose
of the report
1. Amanda
Easterbrook will address the Regulatory and Community Safety Committee on the
challenges of dog ownership / management within the Auckland region.
Whakarāpopototanga matua
Executive
summary
2. This
committee is responsible for regulatory hearings (required by relevant
legislation), regulatory policy and bylaws and is responsible for overseeing improvement of the Council’s regulatory
functions and making certain regulatory decisions that are appropriate to be
made by elected members.
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Ngā tūtohunga
Recommendation/s
That the Regulatory and
Community Safety Committee:
a) whiwhi
/ receive the public input from Amanda Easterbrook regarding the challenges
of dog ownership / management within the Auckland region and whakamihi /
thank Amanda Easterbrook for attending the meeting.
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5.2 Public
Input: ASH - Youth Vaping in Auckland
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Te take mō te pūrongo
Purpose
of the report
1. Ben Youdan from ASH will address the Regulatory and Community
Safety Committee on Youth Vaping in Auckland
Whakarāpopototanga matua
Executive
summary
2. This
committee is responsible for regulatory hearings (required by relevant
legislation), regulatory policy and bylaws and is responsible for overseeing improvement of the Council’s regulatory
functions and making certain regulatory decisions that are appropriate to be
made by elected members.
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Ngā tūtohunga
Recommendation/s
That the Regulatory and Community
Safety Committee:
a) whiwhi
/ receive the public input from ASH regarding Youth Vaping in Auckland and
whakamihi / thank Ben Youdan for attending the
meeting.
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6 Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input
7 Ngā Pakihi Autaia | Extraordinary Business
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Regulatory and
Community Safety Committee
05 September
2023
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Youth
Vaping: Key Facts and Statistics
File No.: CP2023/07851
Te
take mō te pūrongo
Purpose of the report
1. To present an
overview of key facts and data on smoking and vaping, particularly youth
vaping.
Whakarāpopototanga matua
Executive summary
2. Staff
have been asked by the Chair of the Regulatory and Safety Committee to present
some information on youth vaping. A presentation is attached (see Attachment A)
that outlines:
· facts and data on smoking and vaping
· facts and data on youth vaping
· current and proposed vaping regulation.
3. At
present Smoking rates have decreased substantially, particularly in the last
two years: smoking rates for adults are 8 per cent and 3 per cent for young
people. At the same time, vaping rates have increased roughly in line
with the drop-in smoking rates.
4. There
has been a substantial drop in Māori smoking rates in the last two years.
Smoking rates have dropped among all ethnic groups.
5. Overall,
vaping has played an important role in supporting smokers to quit and appears
to be particularly successful for Māori smokers. Vaping however, is not
appropriate for young people or non-smokers.
6. Around
85 per cent of people who have vaped are aged over 18. Based on a survey of
year 10 students (13–14-year-olds), vaping rates have been increasing
among young people, particularly rangatahi Māori. Vaping youth rates as
reported have dropped however, in the last year. A substantial proportion of
young people are experimenting with vaping but report that they are not vaping
regularly. Around 10 per cent report that they are vaping daily.
7. The government has announced or introduced a range of
new restrictions on vaping, including on nicotine content, advertising, and the
opening of new vape stores near schools or marae.
Ngā tūtohunga
Recommendation/s
That
the Regulatory and Safety Committee:
a)
whiwhi / receive the presentation on vaping.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇨
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Youth Vaping: Key Facts and Statistics
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Ngā kaihaina
Signatories
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Author
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Ben Brooks - Senior Policy Manager, Social Wellbeing
Policy
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Authorisers
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Kataraina Maki - General Manager - Community and
Social Policy
Craig Hobbs - Director Regulatory Services
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Regulatory and Community Safety Committee
05 September
2023
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Start of gambling and dog policy/bylaw
reviews
File No.: CP2023/11821
Te take mō te
pūrongo
Purpose of the report
1. To
seek approval to start the review of policies and bylaws about dogs and
gambling.
Whakarāpopototanga matua
Executive summary
2. This
is a process report to seek approval to start the review of two projects for
which the Regulatory and Safety Committee has delegated responsibility.
3. In
October 2019, the council approved a new regional policy initiation process to
meet co-governance and statutory requirements.
4. Staff
recommend the committee initiate two projects to meet legislative requirements
to:
· review
the Auckland Council Dog Management Bylaw 2019 and Policy on Dogs 2019
· review
the Class 4 Gambling (pokie) Venue and the Racing Board (TAB) Venue polices.
5. The
dog bylaw and policy review impacts local governance. Staff recommend that a
joint working group is established to consider statutory options for this
review. The gambling review is of high community interest. Local Board’s
will be involved in any draft proposal and deliberations for both reviews. The
level of involvement of local boards into bylaw reviews and policy, implements
governance agreed guidelines and processes.
6. There
is a moderate risk that key timeframes may not be met due to changes in scope
or delays that arise through the review process. This may result in public
dissatisfaction, reputational damage and failure to meet regulatory
obligations. This risk will be mitigated by careful project management and
clear communication.
7. If
approved, staff will start the two projects following the timetable outlined in
this report.
Ngā tūtohunga
Recommendation/s
That the Regulatory and
Community Safety Committee:
a) whakatuu
/ approve the start of the review for the following Auckland Council policies
and bylaws in accordance with the scope in paragraph 22 and timeframes in
paragraph 25 of the agenda report for the:
i) Auckland Council Dog Management Bylaw
2019 and Policy on Dogs 2019
ii) Auckland
Council Class 4 Gambling (Pokie) Venue Policy 2013 and the Auckland Council New
Zealand Racing Board (TAB) Venue Policy 2013.
b) kopou
/ appoint a separate joint working group comprised of up to two councillors,
two local board chairs (or their delegate) and one Independent Māori
Statutory Board member to consider statutory options in response to findings
from the review of the Auckland Council Dog Management
Bylaw 2019 and Policy on Dogs 2019.
Horopaki
Context
Council
is required to have a policy and bylaw on dogs
8. The
Dog Control Act 1996 requires council to adopt a policy on dogs and if
required, a bylaw to implement the policy.
9. Auckland
Council first adopted its policy and bylaw on dogs in 2012. Both were reviewed
in 2019 with the policy amended and the bylaw replaced to be the Auckland
Council Policy on Dogs 2019 and Dog Management Bylaw 2019.
10. The
Policy provides the approach to dog management in Auckland. It focusses on dog
registration and classification compliance, promoting responsible dog ownership
and providing a balanced approach to dog access in public places.
11. The
Bylaw implements the Policy by making rules not contained in the Dog Control
Act 1996 such as the requirement to obtain a licence to keep more than two dogs
in an urban area.
12. The
Local Government Act 2002[1]
requires Council to review its Bylaw by 24 July 2024. If not reviewed by this
date, the Bylaw will expire on 24 July 2026 and a new bylaw must be made if
still required. The Dog Control Act 1996[2]
requires the Policy to be reviewed at the same time as the Bylaw but does not
expire.
13. Following
the review, the Bylaw must either be confirmed, amended, replaced or revoked
and any amendments to the Policy made using the special consultative procedure.
Council
is required to have two gambling policies
14. The
Gambling Act 2003 and the Racing Act 2020 regulate gambling in New Zealand. The
Acts require council to have policies on Class 4 Gambling (pokie) venues and NZ
Racing Board (TAB) venues.
Statutory
content of pokie and TAB venue policies
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Pokie venue policy
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TAB venue policy
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must state whether and where class 4
venues may be established
may
specify a maximum number of gaming machines at class 4 venues
may
allow venues to move
may
allow venues to merge.
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must state whether new venues may
be established and where they may be located.
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15. Auckland
Council first adopted its Auckland Council Class 4 Gambling (Pokie) Venue
Policy 2013 and Auckland Council New Zealand Racing Board (TAB) Venue Policy
2013 in 2013. Council reviewed the policies in 2017 and 2020, found they were
appropriate and retained them without change. The Acts require the policies to
be reviewed every three years. The next reviews are due by November 2023. The
Acts state:
· policies
will not cease to have effect if due for review or are being reviewed
· the
special consultative procedure is required if council proposes to change or
replace either policy[3]
· whenever
council considers allowing pokie venues to move, it must consider the impacts
of this for high-deprivation communities.
The regional policy initiation process
includes assessing local board relevance
16. In
October 2019, Auckland Council adopted the “Local Board Involvement in
Regional Policy, Plans and Bylaws – Agreed Principles and Processes
2019” as part of its co-governance approach.
17. This
approach introduced an initiation process for regional policy reviews that
gives the committee ability to approve the scope for policy and bylaw reviews
in particular
· its
relevance to local boards
· to
appoint a joint working group for reviews that impact local governance.
18. Local
Board Involvement in Regional Policy, Plans and Bylaws – Agreed
Principles and Processes 2019 sets out a process to assess the level of local
board input to policy and bylaw reviews as follows:
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Relevance to local
boards
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Level of local
board input on
|
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Options
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Proposal
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Deliberations
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Impacts local governance[4]
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ü
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ü
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ü
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High community interest[5]
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û
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ü
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ü
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Low community interest[6]
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û
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û
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ü
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19. Statutory
requirements and the shared governance initiation process determine the steps
for a policy and bylaw review (refer below diagram).
Regulatory policy review steps
20. The assessment of impacts on local
boards for the dog and gambling policy and bylaw reviews are identified below
in paragraph 23.
Tātaritanga me ngā
tohutohu
Analysis and advice
21. Staff
recommend the committee initiate the review of the following projects in 2023
to meet legislative requirements to:
· review
the Auckland Council Dog Management Bylaw 2019 and Policy on Dogs 2019
· review
the Class 4 Gambling (pokie) Venue and the Racing Board (TAB) Venue polices.
22. Generally,
the matters in-scope for both projects provide an opportunity to assess the
effectiveness of the policies and bylaw, and to address any changes since last
reviewed.
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Project
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Matters in scope (ü) /
Matters out of scope (û)
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Dog management bylaw and
policy
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ü Assessing the relevance, effectiveness and efficiency of the
Bylaw rules
ü Any consequential changes to the policy to implement the
outcome of the Bylaw review
ü Assessing the relevance, effectiveness
and efficiency of the Policy on Dogs
û Management and welfare of other animals (stock and cats)
û Matters covered by the Animal Management Bylaw 2015
û Public nuisance matters that do not concern dogs
û Legislative changes
In relation to regional park and local dog access rules in Schedule 2 of the
Policy on Dogs:
ü Assessing the relevance, effectiveness
and efficiency of the policy framework that provides for changes to Schedule
2 rules to be made by the committee and individual local boards
ü Assessing any changes required to Schedule 1 and to regional
park rules in Schedule 2
û Changes to Schedule 2 rules which are the responsibility of
local boards.
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Gambling
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ü Research and stakeholder engagement about current and new
non-casino pokie venues.
ü Research and stakeholder engagement about the current and new
Racing Board TAB venues.
ü Impacts of current policies
ü Statutory finding reports due November 2023
ü Public consultation if council proposes to change the policy.
û Casinos based pokie machines
û Online pokie machines
û Non-racing board TAB self-service machines in bars.
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Local Board involvement in the two projects
23. The
co-governance approach requires the committee to initiate the review of the
policies and bylaw on dogs and gambling. This includes approving the scope,
relevance to local boards and key timeframes. Staff have undertaken an analysis
of the two projects against their impact on the local board and community
interest as follows:
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Topic
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Relevance
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Local board input
and reasons
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Dog Management Bylaw and policy
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Impact on local
governance, high community interest
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A joint political working group will be established to
consider statutory options to the Policy and Bylaw review. Local board input
will also be sought on the draft proposal and deliberations (if any).
Reasons: The Policy and Bylaw regulates the local parks
where dogs may be taken by their owner and other matters that promote
responsible dog ownership. This has been assessed as high impact on local
board governance of local parks and open spaces.
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Gambling Policy Review
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High community
interest, no impact on local governance
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Local boards will be informed of outcome of the review. If any
change is proposed to the policies, local boards will input into the draft
proposal and deliberations (if any).
Reasons: Changes to the policies will impact gambling harm and
are assessed as having high interest in some communities.
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24. Staff
recommend appointing a joint working group to consider statutory options for
the review of the dog bylaw and policy due to the impact on local governance to
all local boards.
Key timeframes are largely determined by complexity and local
board relevance
25. The
Table below shows the timeframes for each project by quarter. The timeframes
for each project are largely determined by its complexity, relevance to local
boards, matters in scope, legislative process and best practice.
Key timeframes for Regulatory Committee
initiated projects to start in 2023
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Project / Year
and Quarter
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2023
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2024
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Q3
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Q4
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Q1
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Q2
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Q3
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Dog bylaw and policy review
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Next steps based on options decision
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Gambling review
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Next steps based on
findings decision
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Key: = Discovery | = Findings | =
Options
Staff recommend the committee initiates the project to
start in 2023
26. Staff
recommend the committee resolve to initiate the review of the policies and
bylaw on dogs and gambling in 2023 as identified in this report. This will
enable council to meet council’s key legislative considerations, its
governance approach and best practice.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
27. This
is a process report. Climate impact will be assessed as part of each project.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
28. This
is a process report. Input will be sought from affected council units for each
project.
29. Local Board Services advice was sought to identify the relevance of
each project to local boards (refer to the table under paragraph 23).
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
30. Local
board input will follow Council’s agreed guidelines and process. This
includes options for the dog bylaw and policy review through the appointment of
a joint working group.
Tauākī whakaaweawe
Māori
Māori impact statement
31. Both
projects have relevance to the Independent Māori Statutory Board’s
Schedule of Issues of Significance and Māori values for Tāmaki
Makaurau as follows:
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Project
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Māori values
and issues of significance
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Dog Management Bylaw and policy
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Supports Māori values of Whanaungatanga
(vibrant communities), Manaakitanga (quality of life) and Kaitiakitanga
(sustainable futures). The Policy and Bylaw seek to ensure dogs remain a
positive part of Auckland life by protecting the safety of people and the
environment. This promotes sustainable futures and allows Māori
communities to thrive.
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Gambling Review
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Supports Māori values Manaakitanga (quality
of life) by reducing social harm and improving Māori wellbeing.
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32. Further
impacts on mana whenua and mataawaka will be identified through research and
engagement during discovery, public consultation and deliberations (if any).
Advice from the Independent Māori Statutory Board will also be sought on
any statements of proposal.
Ngā ritenga
ā-pūtea
Financial implications
33. The
cost of the projects and their implementation will be met within existing
budgets.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
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IF <event>
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THEN
<impact>
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Possible
mitigations
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Staff identify other research, stakeholders or engagement that
delays the completion of the project, OR
The project is delayed.
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This may
increase the risk that the bylaw review does not meet the statutory review
deadline; delays the completion of the project; or result in a
‘rushed’ regulation that may not be fit for purpose.
These impacts may
in turn result in public dissatisfaction, reputational damage, and failure to
meet regulatory governance and enforcement obligations to problems.
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Best practice and
careful project management
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The duration of the projects are shortened to ‘speed
up’ the process.
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This may impact
on the quality of advice, resulting in the committee requesting more information and
making the process take longer than originally planned.
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Engagement during gambling reviews reveal a strong message to
reduce class 4 venues or the impacts of casinos and online gambling.
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Council may
appear passive, as it has no power to strengthen the current class 4 venue
policy above ‘sinking lid’. Council has no regulatory powers over
casinos and online gambling.
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Proactively
communicate Councils role and powers.
|
Ngā koringa ā-muri
Next steps
34. If
approved, staff will progress the review of the projects in this report
following the key timeframes identified in this report (refer to the table under paragraph 25).
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
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Kylie Hill - Senior Policy Advisor
|
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Authorisers
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Paul Wilson - Senior Policy Manager
Kataraina Maki - General Manager - Community and
Social Policy
Craig Hobbs - Director Regulatory Services
|
|
Regulatory and
Community Safety Committee
05 September
2023
|
|
Dog Roaming, Aggression, and Attacks
Response
File No.: CP2023/12664
Te take mō te
pūrongo
Purpose of the report
1. This
presentation provides an overview of how council is addressing the issue of
escalating dog aggression, attacks and roaming across Tāmaki
Makaurau.
Whakarāpopototanga matua
Executive summary
2. There
has been a substantial rise in dog aggression and attacks in recent years, with
community members in low socio-economic areas and Māori and Pasifika
populations disproportionately affected. The rising numbers of dog-related
incidents have placed considerable strain on resources, including shelter
capacity and staff safety. There is also the issue of dog attacks going
unreported.
3. The
Animal Management unit have undertaken, and are continuing to develop, a range
of initiatives to address the issue of rising dog aggression, attacks and
roaming. In addition to our ongoing response to complaints and reports of dog
attacks, it is rolling out a long-term, targeted, multi-platform communications
and marketing plan to help encourage a behavioural shift towards responsible
dog ownership and fostering a safer environment for Aucklanders. There is a
particular emphasis on community engagement and outreach in high-risk areas and
the unit is building collaborative solutions with key partners whose aims align
with our own.
Ngā tūtohunga
Recommendation/s
That the Regulatory and
Community Safety Committee:
a) ohia /
endorse the approach as outlined in this presentation, and support the approach
in the following ways:
i) Community
outreach
Animal Management encourage elected members to support community initiatives by
sharing event details and key messages within their communities, serving as
trusted voices to promote responsible dog ownership and safety awareness, and
by connecting with influential community leaders. Animal Management will
provide elected members with relevant event details, as well as
content and messaging they can share
ii) Media
and publicity
Animal Management encourage and will support elected members to use their platform
to share messaging around the issue of dog attacks and responsible dog
ownership, ensuring content reaches wider or targeted audiences. The
unit will provide elected members with the relevant information and
content for these opportunities.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇨
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Dog roaming, aggression, and attacks response
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|
Ngā kaihaina
Signatories
|
Author
|
Patricia Pascual - EA to Director Regulatory Services
|
|
Authoriser
|
Craig Hobbs - Director Regulatory Services
|
|
Regulatory and
Community Safety Committee
05 September
2023
|
|
Regulatory Services FY23
File No.: CP2023/12666
Te take mō te
pūrongo
Purpose of the report
1. Introduction and overview of Auckland Council's Regulatory Services
directorate, as well as a summary of activity from FY23.
Whakarāpopototanga matua
Executive summary
2. The
presentation shows a summary of FY23 activity in key figures, trends, and
highlights for the year.
3. In
FY23, pre-COVID levels of demand were seen across many areas of the business as
teams carried out more than 210,369 building inspections and responded to
44,904 noise complaints. There was a 46 per cent increase in food and alcohol
premises inspections from the previous year, and a 23 per cent increase in
swimming pool inspections.
4. Animal
management teams continue to experience violence and aggression in the
community. Significant shelter security upgrades have been made and staff
levels have been increased.
5. In
response to the extreme weather events, over 7800 rapid building assessments
were carried out to check property safety. Case managers have been allocated to
assist owners with steps towards remediating damage.
6. Customer
satisfaction (CX) levels have continued to improve for Resource Consents and
are now on par with Building Consents at 73 per cent. The highest performers
were Alcohol Licensing and Environmental Health at 88 per cent and Pool
Inspections at 90 per cent.
7. New
initiatives introduced in the compliance space are increasing request for
service (RFS) response levels.
8. Digital
service improvements, including launching a new document management solution
that makes it much faster to submit online building consent applications,
continue to enhance customer experiences.
9. The presentation concludes by acknowledging some challenges and
risks being addressed and monitored, including that consent application
lodgements are trending down in line with a softening construction sector.
We've optimised internal resources and reduced consultant levels, while
improving consent processing times.
Ngā tūtohunga
Recommendation/s
That the Regulatory and
Community Safety Committee:
a) whiwhi /
receive the Regulatory Services FY23 presentation.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇨
|
Regulatory Services FY23 presentation
|
|
Ngā kaihaina
Signatories
|
Authoriser
|
Craig Hobbs - Director Regulatory Services
|
|
Regulatory and
Community Safety Committee
05 September
2023
|
|
Resource Consents Appeals: Status Report
5 September 2023
File No.: CP2023/11843
Te take mō te
pūrongo
Purpose of the report
1. To
provide an update of all current resource consent appeals lodged with the
Environment Court.
Whakarāpopototanga matua
Executive summary
2. This
report provides a summary of current resource consent appeals to which the
Auckland Council is a party. It updates the report to the Regulatory Committee
on 13 June 2023.
3. If
committee members have detailed questions concerning specific appeals, it would
be helpful if they could raise them prior to the meeting with Robert Andrews
(phone: 09 353-9254) or email: robert.andrews@aucklandcouncil.govt.nz) in the
first instance.
Ngā tūtohunga
Recommendation/s
That the Regulatory and
Community Safety Committee:
a) whiwhi
/ receive the Resource Consents Appeals: Status Report 5 September 2023
Horopaki
Context
4. As at 18
August 2023, there are 45 resource consent appeals to which Auckland Council is
a party. These are grouped by Local Board Area geographically from north to
south, as set out in Attachment A. Changes since the last report
and new appeals received are shown in bold italic text.
5. The
principal specialist planners - resource consents, continue to resolve these
appeals expeditiously. In the period since preparing the previous status report
on 14 April 2023, there have been three new appeals lodged and none resolved.
6. Woodcocks
Property Limited appeal the decision to refuse their non-complying subdivision
and associated consent application for a 72-lot residential development at 6
Lachlan Thompson Drive, Warkworth. The land is zoned Rural Future Urban (FUZ).
The council commissioners refused the consents considering the development
should be the subject of a plan change process. They noted the uncertainty of
the proposed Western Link Road alignment and concerns over reverse sensitivity
effects. The decision considered the proposal contrary to the objectives and
policies of the FUZ.
7. The
new appeal from South Auckland Luxury Bathrooms Ltd opposes
the decline of land use and discharge consents sought to allow the continued
operation of a caravan and mobile bathroom hire business at 377 Glenbrook
Waiuku Road, Glenbrook. The site is zoned Rural -Rural Production where the
hire business requires discretionary activity consent. The hearing
commissioners found that the application to not meet the exemptions under the
National Policy Statement for Highly Productive Land and to be contrary to the
relevant objectives and policies of the Regional Policy Statement (Rural) and
the Rural Production Zone. They further noted concerns of precedence and
consistent plan administration.
8. Appellant
Raewyn McCardle is a submitter opposing the grant of consent for a dairy and
two additional dwellings on a site at 1 View Road, Waiuku. The site is zoned
Residential - Mixed Housing Suburban where dairies less than 100m2 are a
restricted discretionary activity. The appeal questions the limited
notification, the bulk of proposed dwellings and the amenity and traffic safety
effects from the dairy operation.
Tātaritanga me ngā
tohutohu
Analysis and advice
9. To receive the report as
provided.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
10. The report provides an update of
consent appeals and seeks no resolution or consideration of the merits
associated with them.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
11. Not
applicable.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
12. Not applicable.
Tauākī whakaaweawe
Māori
Māori impact statement
13. The decision requested of the
Regulatory and Safety Committee is to receive this progress report rather than
to consider the relevance to Māori associated with each of the appeals at
this time.
14. The Resource
Management Act 1991 includes a number of matters under Part 2, which relate to
the relationship of Tangata Whenua to the management of air, land and water resources.
Maori values associated with the land, air and freshwater bodies of the
Auckland Region are based on whakapapa and stem from the long social, economic
and cultural associations and experiences with such taonga. These matters where
relevant are considered with the resolution of the resource consent appeals.
Ngā ritenga
ā-pūtea
Financial implications
15. Environment Court appeal hearings
can generate significant costs in terms of commissioning legal counsel and
expert witnesses. Informal mediation and negotiation processes seek to limit
these costs. Although it can have budget implications, it is important
that Auckland Council, when necessary, ensure that resource consents maintain
appropriate environmental outcomes and remain consistent with the statutory
plan policy framework through the appeal process.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
16. Not applicable.
Ngā koringa ā-muri
Next steps
17. Not applicable.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇨
|
Current Resource Consent Appeals as at 18 August 2023
|
|
Ngā kaihaina
Signatories
|
Author
|
Robert Andrews - Principal Specialist Planning
|
|
Authorisers
|
Ian Smallburn - General Manager Resource Consents
Craig Hobbs - Director Regulatory Services
|
|
Regulatory and
Community Safety Committee
05 September
2023
|
|
Summary of Regulatory and Community
Safety Committee information memoranda, workshops and and briefings (including
the Forward Work Programme) - 5 September 2023
File No.: CP2023/12531
Te take mō te
pūrongo
Purpose of the report
1. To
whiwhi / receive a summary and provide a public record of memoranda or briefing
papers that have been distributed to the Regulatory and Safety Committee.
2. tuhi
ā-taipitopito / note the progress on the forward work programme appended
as Attachment C
Whakarāpopototanga matua
Executive summary
3. This is
a regular information-only report which aims to provide greater visibility of
information circulated to Regulatory and Safety Committee members via
memoranda/briefings, where no decisions are required.
4. The
following information items have been distributed:
|
Date
|
Subject
|
|
09/08/2023
|
Appointment of panel
members to the National Policy Statement – Urban Development plan
changes Independent Hearing Panel.
|
|
28/08/2023
|
Mt Eden Shot Tower Removal
|
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 relevant staff.
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community
Safety Committee:
a) whiwhi /
receive the Summary of Regulatory and Safety Committee information memoranda
and briefings – 5 September 2023
b) tuhi
ā-taipitopito / note the progress on the forward work programme appended
as Attachment C of the agenda report
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇨
|
Appointment of panel members to the National Policy
Statement – Urban Development plan changes Independent Hearing Panel
|
|
|
b⇨
|
Shot Tower Removal
|
|
|
c⇨
|
Forward Work Programme
|
|
Ngā kaihaina
Signatories
|
Author
|
Sam Riddiford - Governance Advisor
|
|
Authoriser
|
Craig Hobbs - Director Regulatory Services
|
