I hereby give notice that an ordinary meeting of the Regulatory and Community Safety Committee will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 7 November 2023

10.00am

Room 1, Level 26
135 Albert Street
Auckland

 

Komiti mō te Waeture me te Haumaru ā-Hapori / Regulatory and Community Safety Committee

 

OPEN ADDENDUM AGENDA

 

 

 

 

MEMBERSHIP

 

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

 

 

Cr Mike Lee

 

 

Cr Kerrin Leoni

 

 

Cr Sharon Stewart, QSM

 

Ex-officio

Mayor Wayne Brown

 

 

Deputy Mayor Desley Simpson, JP

 

 

(Quorum 5 members)

 

 

 

Sam Riddiford

Governance Advisor

 

3 November 2023

 

Contact Telephone: 0273051871

Email: sam.riddiford@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Regulatory and Community Safety Committee

07 November 2023

 

 

ITEM   TABLE OF CONTENTS            PAGE

 

11        Dam Safety Regulations                                                                5

 


Regulatory and Community Safety Committee

07 November 2023

 

 

Dam Safety Regulations

File No.: CP2023/17081

 

  

 

Te take mō te pūrongo

Purpose of the report

1.   To recommend that the Committee agree to an amendment to the resolution of the Committee from 3 October 2023 to approve consultation of the proposed Dangerous Dams Policy 2023 using the special consultative procedure under s83 of the Local Government Act 2002.

Whakarāpopototanga matua

Executive summary

2.   At its meeting on 3 October 2023, the Committee approved consultation for the proposed Dangerous Dams Policy 2023 using the special consultative procedure under s 83 of the Local Government Act 2002 (resolution RSCCC/2023/48).

3.   The special consultative procedure requires that council (here, the Committee) formally adopt a statement of proposal (which in this case is the draft Dangerous Dams Policy 20223) along with any summary of the information contained in the draft policy (if such summary is considered necessary).

4.   Reasoning to amend resolution number RSCCC/2023/48 from the 3 October 2023 meeting:

a)           To mitigate the legal risk arising from non-compliance to the requirements of the special consultative procedure (SCP) as set out in s 83 of the Local Government Act 2002 (LGA)

b)           The statement of proposal (which in this case, is the draft of proposed policy (s 87(2)(a) LGA)) has not clearly been adopted by the council. The resolution of the Committee from 3 October was to “whakaae / approve consultation of the proposed Dangerous Dams Policy 2023 using special consultative procedures under s83 of the Local Government Act 2002” missing from this resolution is an explicit adoption of the draft policy for consultation.

c)           The text on the Have Your Say website and the feedback form are arguably summaries of the statement of proposal (the draft policy) and therefore, should have also been adopted by the Committee. 

d)           There is no delegation in place for staff or individual elected members that attend the dropin sessions/have your say event to receive the ‘spoken interaction’ feedback on behalf of the Committee.

5.   To ensure compliance with the statutory requirements for the special consultative procedure in this case, staff recommend that the Committee agree to amend its resolution RSCCC/2023/48 to:

a)           adopt the draft policy (attached as Attachment A) and the Have Your Say website text and feedback form (attached as Attachment B) which summarises the draft policy;

b)           delegate to individual elected members and relevant staff (subject matter experts and other staff involved in the project who will be attending the have your say events) the authority to receive feedback using spoken interaction; and

c)           extend the consultation period to ensure that the relevant material, once adopted, will have been publicly available for at least one calendar month. 

 

 

 

 

 

Ngā tūtohunga

Recommendation/s

That the Regulatory and Community Safety Committee:

a)         whakaae / agree to amend resolution number RSCCC/2023/48 Item 8 – Dam Safety Regulations from the 3 October 2023 meeting as follows:

from:

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

to:

a)    adopt the draft Dangerous Dams Policy 2023, attached as Attachment A, for consultation using the special consultative procedure;

b)    adopt the text for the Have Your Say website and the feedback form, attached as Attachment B, as summaries of the information contained in the draft Dangerous Dams Policy to support consultation;

c)    agree that consultation on the draft Dangerous Dams Policy will be open until at least 7 December, or until such time as the adopted consultation materials have been publicly available for at least one calendar month;

d)    delegate to the following elected members and staff the power and responsibility to hear from the public through ‘spoken’ (or New Zealand sign language) interaction, at the council’s public engagement events during the consultation period:

i)     Members of the Regulatory and Community Safety Committee;

ii)    Staff involved in the project who will be attending the ‘Have Your Say’ events, as approved by the General Manager Building Consents.

A)   Clevedon A & P Show - 4 & 5 November - Marija Jukic - Team Leader- Coastal & Water Allocation, Jose Paul - Project Lead - Dam Safety Regulations

B)   Warkworth Library Drop-in session - 11 November - Ross Roberts - Head of Engineering Resilience, Jose Paul - Project Lead - Dam Safety Regulations

C)   Titirangi Library Drop-in session- 25 November – Daniel Sansbury- Manager Regulatory Engineering, Jose Paul- Project Lead - Dam Safety Regulations

D)   Have your Say Event - Town Hall for Regional Organisations/Interest     groups - Jeff Fahrensohn - Manager Inspections - Building Consents, Jose Paul - Project Lead-Dam Safety Regulations.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Report (FINAL) - Dam Safety Regulations - Amendment to resolution - Regulatory Committee

 

b

Draft - Auckland Council Policy on Dangerous Dams

 

c

Dangerous Dams Policy Feedback

 

d

AKHYS Project Information

 

e

AKHYS Dam Safety NZSL

 

f

AKHYS Important Dates and Events

 

g

Final traditional Chinese 2303726 Auckland Dangerous Dams Policy

 

h

Final Korean 2303726 Auckland Council  (Dangerous Dams Policy)

 

i

Final Simplified Chinese - 2303726 Auckland Council (Dangerous Dams Policy)

 

j

Final Te Reo Maori 231024 Dangerous Dams Policy

 

      

Ngā kaihaina

Signatories

Author

Jose Paul - Technical Assessor, Building Consents

Authoriser

Craig Hobbs - Director Regulatory Services