Minutes of Regulatory and Community Safety Committee

Regulatory and Community Safety Committee

03 October 2023

1 Ngā Tamōtanga | Apologies

Resolution number RSCCC/2023/45

MOVED by Chairperson J Bartley, seconded by IMSB Member E Ashby:

That the Regulatory and Community Safety Committee:

a) Whakaae / accept the apology from:

Absence

Cr M Lee – 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

Resolution number RSCCC/2023/46

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson K Turner:

That the Regulatory and Community Safety Committee:

b) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 5 September 2023, including the confidential section, as a true and correct record.

CARRIED

4 Ngā Petihana | Petitions

5 Ngā Kōrero a te Marea | Public Input

5.1	Public Input: Tammy Downer - Youth Vaping Epidemic in Aotearoa
	A presentation was provided. A copy has placed on the official minutes and is available on the Auckland Council website as a minutes attachment.
	Cr S Stewart joined the meeting via electronic attendance at 10.05am.
	Resolution number RSCCC/2023/47 MOVED by Chairperson J Bartley, seconded by Cr J Fairey: That the Regulatory and Community Safety Committee: a) whiwhi / receive the public input from Tammy Downer and Alex Yang regarding youth vaping in New Zealand and whakamihi / thank Tammy Downer and Alex Yang for attending the meeting. CARRIED
	Attachments a 3 October 2023, Regulatory and Community Safety Committee: Item 5.1 - Public Input: Tammy Downer - Youth Vaping Epidemic in Aotearoa, Presentation

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.

Dam safety regulations

Resolution number RSCCC/2023/48

MOVED by Cr A Filipaina, seconded by IMSB Member E Ashby:

That the Regulatory and Community Safety Committee:

a) whakaae / approve consultation of the proposed Dangerous Dams Policy 2023 using special consultative procedures under s83 of the Local Government Act 2002.

CARRIED

Animal Management Annual Report 2022 - 2023

Resolution number RSCCC/2023/49

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson K Turner:

That the Regulatory and Community Safety Committee:

a) whiwhi / receive the Animal Management Annual Report 2022 – 2023

b) tuhi ā-taipitopito / 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.

CARRIED

Recommendation for the Appointment of Independent Hearings Commissioners 2024-2026

Resolution number RSCCC/2023/50

MOVED by Chairperson J Bartley, seconded by IMSB Member E Ashby:

That the Regulatory and Community Safety Committee:

a) tuhi ā-taipitopito / note the selection process for independent hearings commissioner appointments for the 2024-2026 term

b) tuhi ā-taipitopito / note that it will consider recommendations for independent hearings commissioner appointments after the public has been excluded.

CARRIED

Summary of Regulatory and Community Safety Committee information memoranda, workshops, and briefings (including the Forward Work Programme) - 3 October 2023

Resolution number RSCCC/2023/51

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson K Turner:

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 A of the agenda report

CARRIED

Determination of an Objection to a Nuisance Abatement Notice by Paulette Campbell

The hearing commenced at 11.16am in relation to the objection to a to a Nuisance Abatement Notice.

Paulette Campbell addressed the committee and outlined their objection to being issued with a nuisance abatement notice. Section 55 of the DCA provides that upon receipt of a complaint about a dog barking or howling the officer is satisfied on reasonable grounds that a nuisance is being created by the Paulette Campbells dogs Lucy and Poppy.

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 11.57am

13 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items

There was no consideration of extraordinary items.

14 Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural motion to exclude the public

Resolution number RSCCC/2023/52

MOVED by Chairperson J Bartley, seconded by IMSB Member E Ashby:

That the Regulatory and Community 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:

C1 CONFIDENTIAL: Recommendation for the Appointment of Independent Hearings Commissioners 2024-2026

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.

In particular, the report contains private information about the candidates

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

11.58pm 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.

12.15pm The public was re-admitted.

restatementS

It was resolved while the public was excluded:

CONFIDENTIAL: Recommendation for the Appointment of Independent Hearings Commissioners 2024-2026

Resolution number RSCCC/2023/45

MOVED by Deputy Chairperson K Turner, seconded by IMSB Member E Ashby:

c) whakaae / agree that the successful candidate appointments will be made public once:

i) criminal history checks have been completed

ii) successful candidates have been advised and confirmed acceptance of their appointment

iii) unsuccessful candidates have been notified.

Determination of an Objection to a Nuisance Abatement Notice by Paulette Campbell

Resolution number RSCCC/2023/46

MOVED by Deputy Chairperson K Turner, seconded by Chairperson J Bartley:

That the Regulatory and Community Safety Committee:

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

b) whakaae / agree to uphold the Nuisance Abatement Notice.

c) whakaae / agree that the matter remain confidential until the conclusion of the hearing and then be restated in the open minutes.

Reason for decision:

The Committee is satisfied on the evidence presented by Animal Management Staff and in the Agenda Report that the objector’s two dogs have been barking in a loud and persistent way and are causing a nuisance such that unreasonably interferes, disrupts, or inhibits the activities ordinarily carried out by occupants of neighboring residential properties.

The Objector accepted that her dogs bark but does not consider that noise constitutes a nuisance and provided emails in support from some neighbours.

The Committee consider the barking is creating a nuisance as complaints have been received from multiple complainants over a long period of time. The Objector has not taken or not adequately taken the recommended steps to address the barking issue.

For these reasons the Committee is satisfied that the objection should be dismissed and the Noise Abatement Notice confirmed.

12.15 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 Community Safety Committee HELD ON

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

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

Chairperson	Cr Josephine Bartley
Deputy Chairperson	Cr Ken Turner
Members	IMSB Member Edward Ashby
	Cr Julie Fairey
	Cr Alf Filipaina, MNZM
	IMSB Member Tony Kake, MNZM	via electronic attendance
	Cr Kerrin Leoni	via electronic attendance
	Cr Sharon Stewart, QSM	via electronic attendance from item 5, 10.05am