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Regulatory and
Community Safety Committee
07 November
2023
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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
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No.
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Title
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Page
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a
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Report (FINAL) - Dam Safety Regulations - Amendment to
resolution - Regulatory Committee
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b
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Draft - Auckland Council Policy on Dangerous Dams
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c
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Dangerous Dams Policy Feedback
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d
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AKHYS Project Information
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e
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AKHYS Dam Safety NZSL
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f
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AKHYS Important Dates and Events
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g
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Final traditional Chinese 2303726 Auckland Dangerous
Dams Policy
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h
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Final Korean 2303726 Auckland Council (Dangerous
Dams Policy)
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i
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Final Simplified Chinese - 2303726 Auckland Council
(Dangerous Dams Policy)
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j
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Final Te Reo Maori 231024 Dangerous Dams Policy
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Ngā kaihaina
Signatories
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Author
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Jose Paul - Technical Assessor, Building Consents
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Authoriser
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Craig Hobbs - Director Regulatory Services
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