Attachments of Regulatory and Community Safety Committee

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 ATTACHMENTS

ITEM TABLE OF CONTENTS PAGE

8 Regulatory Services FY24 Q1 Performance Update

A. Regulatory Services FY24 Q1 Performance Update 3

9 Resource Consents Appeals: Status Report 7 November 2023

A. Current Resource Consent Appeals as 24 October 2023 9

10 Designation of independent commissioners as duty commissioners to determine resource consent applications.

A. Regulatory and Safety Committee Policy April 2023 27

12 Summary of Regulatory and Community Safety Committee information memoranda, workshops, and briefings (including the Forward Work Programme) - 7 November 2023

A. Forward Work Programme - November 7 2023 41

B. Hearings held, hearing panels and hearing outcomes July 2022 – June 2023 47

C. Freedom Camping Transition Fund Application 63

13 Objection to proposed stormwater works at 20A William Denny

A. Approved business case 67

B. Objection letter 81

C. Facilitation report 83

D. Statutory notice 101

14 Objection to proposed stormwater works at 40 Mellons Bay Road

A. Approved engineering plans 107

B. Objection letter and council responce 109

C. Stormwater pipe alignments options 111

D. Consultation 113

15 Objection to stormwater works at 391A, 393A and 395A Mount Albert Road, Mount Roskill

A. Engineering planning approval 119

B. Objection letter A 121

C. Objection letter B 125

D. Alternative alignments 129

E. Consultation 131

16 Determination of Objection against Disqualification of Dog Owner Syrel Prasad

A. Notice of disqualification 137

B. Objection to disqualification 139

17 Determination of Objection against Probationary Classification of Dog Owner Grant Howard Baguley

A. Notice of Probationary Owner Classification 145

B. Objection to Probationary Owner Classification 147

18 Determination of an objection to a menacing dog classification by Jenna Aimee Smith

A. Statement by compainant 149

B. Photo of injury and vet bill 151

C. Classification notice 153

D. Objection to Classification 155

Regulatory and Community Safety Committee

07 November 2023

Komiti mō te Waeture me te Haumaru ā-Hapori / Regulatory and Community Safety Committee
Forward Work Programme 2023

This committee deals with regulatory hearings, appointing independent commissioners and regulatory policy and bylaws. The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

Area of work and Lead Department	Pūnga / Reason for work	Committee role (whakatau / decision and/or tika / direction)	Expected timeframes Highlight the month(s) this is expected to come to committee in 2023
Area of work and Lead Department	Pūnga / Reason for work		Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec
Resource Consent Appeals Resource Consents	To provide an update on all resource consent appeals	Information purposes. Bi-monthly report.
Board House Inspections Licensing and Regulatory Compliance	Update on the Auckland proactive boarding house inspections programme.	Information purposes.
Cemeteries and Crematoria Bylaw Control Community and Social Policy	To review the rules to manage activities at council cemeteries and crematoria relating to burial, cremation, disinterment, built structures and record-keeping under the Cemeteries and Crematoria Bylaw 2014.	Decision on form of updated bylaw control and whether formal public consultation is required. Progress to date: Decision to initiate review made on 8 March 2022 REG/2022/9
Health and Hygiene Bylaw Control Community and Social Policy	To review minimum standards to protect public health associated with commercial services that pierce, risk breaking or risk burning the kin or tissue, therapeutic massage, colon hydrotherapy, swimming pools, water play parks and splash pads under the Health and Hygiene Bylaw 2013.	Decision on form of updated bylaw control and whether formal public consultation is required. Progress to date: Decision to initiate review made on 8 March 2022 REG/2022/9
Traffic Bylaw Review Community and Social Policy	To review the bylaw that regulates the use of vehicles on council-controlled land that is not part of the Auckland transport system, like parks and beaches. NB: This Bylaw was made solely under the Land Transport Act 1998 and does not expire. This is a joint project led by Auckland Transport to create a single traffic bylaw for Auckland.	Decision on whether a bylaw is still needed to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel. Progress to date: Decision to initiate review made on 18 February 2020 REG/2020/3 Process and timeline clarified with Auckland Transport. Combined draft findings, options and proposal report scheduled for Mid-2024 for endorsement to seek local board views. Report on recommended proposal scheduled for 3rd Quarter 2024.
Animal Management Licensing and Regulatory Compliance	Report on Animal Management activities for the year ending June 2023 as required by Section 10A of the Dog Control Act 1996.	Note that the Animal Management Annual Report is required under Section 10A of the Dog Control Act 1996 and staff will provide the 2022/23 report to the Secretary of Local Government. Progress to date: Report Received at 3 October meeting. Link to Report
Alcohol Licensing Licensing and Regulatory Compliance	Report on the revenue received at the costs incurred for the alcohol licensing process. Required under regulation 19 of the Sale and Supply of Alcohol (Fees) Regulations 2013.	Note that the majority of alcohol licensing costs were recovered from the existing default licensing fees regime for the 12 months to 30 June. Confirm continuance of the default licensing fees regime Review the default licensing fees regime after a suitable period of time has elapsed following the implementation of the Local Alcohol Policy.
Objection hearings under section 181 of the Local Government Act	The committee hears and determines objections to proposed stormwater works on private properties pursuant to section 181 of the Local Government Act 2002.	Hear and determine the objections according to clause 1(e) of Schedule 12 of the Local Government Act 2022. Hearings will be undertaken by the committee as the need arises.
Dog Policy and Bylaw Review Community and Social Policy	To review the Policy and Bylaw on dogs that regulates the keeping and control of dogs in Auckland.	Decision on whether policy fit for purpose and whether a bylaw is still needed to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Panel. Progress to date: Decision to initiate review made on 05 September 2023 RSCCC/2023/40.

Completed

Area of work and Lead Department	Pūnga / Reason for work	Committee role (whakatau / decision and/or tika / direction)	Whakatau / Decision
Air Quality Bylaw for Indoor Domestic Fires Community and Social Policy	This Bylaw sets standards for indoor domestic fires and what may be burnt in them. New Bylaw must be made by 25 May 2024 to avoid a regulatory gap.	Decision on key components of a new bylaw (April) to recommend a proposal and appoint a Bylaw Panel (June) Progress to date: It was recommended that the bylaw be allowed to expire as it added no regulatory value. RSCCC/2023/12	whakaae / approve allowing the Auckland Council Air Quality Bylaw for Indoor Domestic Fires 2017 to expire on 25 May 2024. Link to decision
Signage at off-license premises Community and Social Policy	To investigate regulatory options to restrict the size, number, content and marketing of alcohol on signage and the use of neutral colours on buildings associated with off-license premises and visible from a council controlled public place.	Decision on preferred regulatory option in relation to signs at off-license premises and determination of next steps. Progress to date: Decision to initiate project made on 13 October 2020 REG/2020/66 Completed on 27 June 2023. Link to decision	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.

Area of work and Lead Department

Pūnga / Reason for work

Committee role

(whakatau / decision and/or tika / direction)

Whakatau / Decision

Air Quality Bylaw for Indoor Domestic Fires

Community and Social Policy

This Bylaw sets standards for indoor domestic fires and what may be burnt in them. New Bylaw must be made by 25 May 2024 to avoid a regulatory gap.

Decision on key components of a new bylaw (April) to recommend a proposal and appoint a Bylaw Panel (June)

Progress to date:

It was recommended that the bylaw be allowed to expire as it added no regulatory value. RSCCC/2023/12

whakaae / approve allowing the Auckland Council Air Quality Bylaw for Indoor Domestic Fires 2017 to expire on 25 May 2024. Link to decision

Signage at off-license premises

Community and Social Policy

To investigate regulatory options to restrict the size, number, content and marketing of alcohol on signage and the use of neutral colours on buildings associated with off-license premises and visible from a council controlled public place.

Decision on preferred regulatory option in relation to signs at off-license premises and determination of next steps.

Progress to date:

Decision to initiate project made on 13 October 2020 REG/2020/66

Completed on 27 June 2023. Link to decision

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.