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

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory and Community Safety Committee held in the Room 1, Level 26, 135 Albert Street, Auckland on Tuesday, 7 November 2023 at 10.01am. A recording of the meeting is available here: https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Pages/webcasts-council-meetings.aspx

 

Te Hunga kua Tae mai | present

 

Chairperson

Cr Josephine Bartley

 

Deputy Chairperson

Cr Ken Turner

 

Members

IMSB Member Edward Ashby

 

 

Cr Julie Fairey

 

 

Cr Alf Filipaina, MNZM

Via electronic link

from 11.44am Item 13

 

IMSB Member Tony Kake, MNZM

Via electronic link

until 2.52pm, Item 15

 

Cr Mike Lee

From 10.07am, Item 5

until 5.41pm, Item 18

 

Cr Kerrin Leoni

Via electronic link

until 3.59pm, Item 18

 

Cr Sharon Stewart, QSM

 

 

 

Te Hunga Āpiti kua Tae mai | ALSO PRESENT

 

 

Cr Angela Dalton

Via electronic link

until 1.12pm, Item 11

 


Regulatory and Community Safety Committee

07 November 2023

 

 

 

1          Ngā Tamōtanga | Apologies

Resolution number RSCCC/2023/47

MOVED by Chairperson J Bartley, seconded by Cr J Fairey:  

That the Regulatory and Community Safety Committee:

a)          whakaae / accept the apology from:

Lateness

Cr A Filipaina

CARRIED

 

2          Te Whakapuaki i te Whai Pānga | Declaration of Interest

Chair Cr J Bartley subsequently declared an interest in Item 13 – Objection to proposed stormwater works at 20A William Denny.

 

3          Te Whakaū i ngā Āmiki | Confirmation of Minutes

Resolution number RSCCC/2023/48

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

That the Regulatory and Community Safety Committee:

a)           whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 3 October 2023, including the confidential section, as a true and correct record.

CARRIED

 

4          Ngā Petihana | Petitions

            There were no Petitions

 

5          Ngā Kōrero a te Marea | Public Input

5.1

Public Input: Carmel Claridge - Court of New Beginnings

 

A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Cr M Lee joined the meeting at 10:07am

 

Resolution number RSCCC/2023/49

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

That the Regulatory and Community Safety Committee:

a)      whiwhi / receive the public input from Carmel Claridge regarding the Court of New Beginnings and whakamihi / thank Carmel Claridge for attending the meeting.

CARRIED

 

Attachments

a     7 November 2023 - Regulatory and Community Safety Committee: Item 5.1 Public Input, Carmel Claridge, Court of New Beginnings, 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.

 

 

 

 

8

Regulatory Services FY24 Q1 Performance Update

 

A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

Resolution number RSCCC/2023/50

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

That the Regulatory and Community Safety Committee:

a)      whiwhi / receive the Regulatory Services FY24 Q1 report and presentation.

CARRIED

 

Attachments

a     7 November 2023 - Regulatory and Community Safety Committee: Item 8, Regulatory Services FY24 Q1 Performance Update, Presentation

 

 

 

 

9

Resource Consents Appeals: Status Report 7 November 2023

 

Resolution number RSCCC/2023/51

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

That the Regulatory and Community Safety Committee:

a)      whiwhi / receive the Resource Consents Appeals: Status Report 7 November 2023

CARRIED

 


 

 

 

10

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

 

Resolution number RSCCC/2023/52

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

That the Regulatory and Community Safety Committee:

a)      whakaae / agree to designate, in accordance with clause 3.3 of the Regulatory and Safety Committee Policy (April 2023) , the following independent commissioners to act as duty commissioners for the period 1 January 2024 to 31 December 2026:

A)      Lee Beattie

B)      Robert Scott

C)      Richard Blakey

D)      Mark Farnsworth

E)      Cherie Lane

F)      David Wren

G)      Karyn Kurzeja

H)      Kim Hardy

I)       Peter Kensington

J)      Nicki Williams

K)      Vanessa Wilkinson

L)      Nick Pollard

M)     Amanda de Jong

b)      tautapa / delegate, in accordance with clause 3.3 of the Regulatory and Safety Committee Policy, to the General Manager, Unit Managers and Principal Specialist Planners – Regulatory Engineering and Resource Consents the authority to assign one or more duty commissioners to make decisions on resource consent applications where no hearing is required.

c)      tautapa / delegate in accordance with clause 3.3 of the Regulatory and Safety Committee Policy, to the Chairperson, Regulatory and Community Safety Committee and the General Manager Regulatory Engineering and Resource Consents the authority to designate replacement duty commissioners, by the selection of an alternative professional planner commissioner from the independent commissioner pool.

d)      tautapa / delegate in accordance with clause 3.6 of the Regulatory and Safety Committee Policy, the staff authority to assign additional or alternate commissioners beyond the “duty” group but from the approved list of independent commissioners, as may be necessary due to unavailability and/or depending on particular skills or knowledge required for a particular resource consent application or section 357 objection determination.

CARRIED

 


 

 

 

11

Dam Safety Regulations

 

Resolution number RSCCC/2023/53

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

That the Regulatory and Community Safety Committee:

a)         whakaae / agree to amend resolution number RSCCC/2023/48 from the 3 October 2023 meeting to read:

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 of the agenda report, 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

CARRIED

 


 

 

12

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

 

Resolution number RSCCC/2023/54

MOVED by Chairperson J Bartley, seconded by Cr J Fairey:  

That the Regulatory and Community Safety Committee:

a)      whiwhi / receive the Summary of Regulatory and Community Safety Committee information memoranda and briefings – 7 November 2023

b)      tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A of the agenda report.

CARRIED

 

 

 

13

Objection to proposed stormwater works at 20A William Denny

 

Documents were tabled in support of the item.  Copies have been placed on the official minutes and are available on the Auckland Council website as minutes attachments.

 

Cr A Filipaina joined the meeting at 11:44am

 

The hearing commenced at 11.24am in relation to the objection to proposed stormwater works 20A William Denny Avenue.

 

Oisin Frost addressed the committee and outlined their objection to proposed stormwater works at 20A William Denny Avenue. The council has determined that the works constitute necessary public stormwater improvements. The council has issued a notice under section 181(2) of the Local Government Act 2002, informing the landowners of its intention to construct the works as a council project.

 

Council staff requested an adjournment to prepare a response to the objectors presentation.

 

The meeting adjourned at 12.15pm and reconvened at 12.23pm.

 

Council staff addressed the committee and outlined the proposed stormwater works 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 1.23pm.

 

Attachments

a     7 November 2023 - Regulatory and Community Safety Committee: Item 13, Objection to proposed stormwater works at 20A William Denny, Oisin Frost, Presentation

b     7 November 2023 - Regulatory and Community Safety Committee: Item 13, Objection to proposed stormwater works at 20A William Denny, Presentation

 


 

 

 

14

Objection to proposed stormwater works at 40 Mellons Bay Road

 

A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

The hearing commenced at 1.23pm in relation to the objection to proposed stormwater works 40 Mellons Bay Road.

The objectors requested the hearing be postponed due to not being able to attend the and the request for a delay of hearing was put to the Committee members for a vote.

 

Resolution number RSCCC/2023/55

MOVED by Deputy Chairperson K Turner, seconded by Cr J Fairey:  

That the Regulatory and Community Safety Committee:

a)           whakaae / agree to proceed with the hearing.

CARRIED

 

As the objectors were not present they were not able to address the committee and outline their objection to proposed stormwater works at 40 Mellons Bay Road in support of their written objection in the agenda report. The council has determined that the works constitute necessary public stormwater improvements. The council has issued a notice under section 181(2) of the Local Government Act 2002, informing the landowners of its intention to construct the works as a council project.

 

Council staff addressed the committee and outlined the proposed stormwater works and

responded to questions.

 

As the objectors were not present they were not given the opportunity to reply to the matters raised by the council staff and provide the committee with final comments.

 

The hearing concluded at 1.43pm.

 

Attachments

a     7 November 2023 - Regulatory and Community Safety Committee: Item 13, Objection to proposed stormwater works at 40 Mellons Bay Road, Presentation

 

 

 

15

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

 

A PowerPoint presentation was given.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

The hearing commenced at 1.43pm in relation to the objection to proposed stormwater works at 391A, 393A and 395A Mount Albert Road.

This objection was comprised of three different objections to the same proposed stormwater works. The objectors at 395A Mt Albert Road withdrew their objection before the start of the meeting. The objector at 391A, Rob Kulkarni attended the hearing via electronic link, and the objector at 393A, Jaimin Patel requested the hearing be postponed due to not being able to attend the hearing. The request for a delay of hearing was put to the Committee members for a vote.

 

 

 

 

Resolution number RSCCC/2023/56

MOVED by Cr J Fairey, seconded by Deputy Chairperson K Turner:  

That the Regulatory and Community Safety Committee:

a)           whakaae / agree to proceed with the hearing.

CARRIED

 

Rob Kulkarni from addressed the committee and outlined their objection to proposed stormwater works at 391A, 393A and 395A Mount Albert Road. The council has determined that the works constitute necessary public stormwater improvements. The council has issued a notice under section 181(2) of the Local Government Act 2002, informing the landowners of its intention to construct the works as a council project.

 

Council staff addressed the committee and outlined the proposed stormwater works and

responded to questions.

 

Rob Kulkarni was given the opportunity to reply to the matters raised by the council staff and provide the committee with final comments.

 

Jaimin Patel was not given the opportunity to address the Committee or respond to council staff as they were not present at the hearing. Their written submission was taken into consideration by the Committee members.

 

The hearing concluded at 1.23pm.

 

Attachments

a     7 November 2023 - Regulatory and Community Safety Committee: Item 14, Objection to proposed stormwater works at 4391A, 393A and 395A Mount Albert Road, Mount Roskill, Presentation

 

 

Note    Item 17 - Determination of Objection against Probationary Classification of Dog Owner Grant Howard Baguley was taken before Item 16 - Determination of Objection against Disqualification of Dog Owner Syrel Prasad.

 

 

17

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

 

The hearing commenced at 3.00pm in relation to the objection to a Probationary Classification of Dog Owner.

 

Grant Baguley addressed the committee and outlined their objection to being issued with a probationary classification of dog owner. Section 21(2) of the DCA provides that a territorial authority may classify a person as a probationary owner of dogs if that person commits 3 or more infringement offences (not relating to a single incident or occasion) within a continuous period of 24 months. Section 23 of the DCA determines that the probation period is to run for a period of two years from the date of the last infringement offence unless terminated earlier by the territorial authority.

 

Council staff addressed the committee and outlined the Probationary Classification of Dog Owner 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 3.42pm.

 

 

16

Determination of Objection against Disqualification of Dog Owner Syrel Prasad

 

The hearing commenced at 3.28pm in relation to the objection to a Disqualification of Dog Owner.

 

Syrel Prasad addressed the committee and outlined their objection to being issued with a Disqualification of Dog Owner classification. Section 25(1)(a) and 25(3) of the DCA provide that a territorial authority must disqualify a person from being an owner of a dog for a period not exceeding 5 years if that person commits 3 or more infringement offences (not relating to a single incident or occasion) against the DCA within a continuous period of 24 months.

 

Council staff addressed the committee and outlined the Disqualification of Dog Owner classification 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 3.42pm.

 

 

 

18

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

 

The hearing commenced at 3.28pm in relation to the objection to a menacing dog classification

 

Jenna Smith addressed the committee and outlined their objection to menacing dog classification to her dog Willow. Section 33A of the DCA provides that a territorial authority may classify a dog as menacing when it considers that that dog may pose a threat to any person, stock, poultry, domestic animal, or protected wildlife because of any reported behaviour of the dog.

 

Council staff addressed the committee and outlined the menacing dog classification 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 3.57pm.

 

 

At 3.57pm, it was:

 

Extension of Meeting Time

Resolution number RSCCC/2023/57

MOVED by Chairperson J Bartley, seconded by Cr J Fairey:  

That the Regulatory and Community Safety Committee:

a)           whakaae / agree under Standing Order 1.1.3 that an extension of time be granted, until the business of the agenda is complete.

CARRIED

 


 

 

 

Public Excluded

Resolution number RSCCC/2023/58

MOVED by Chairperson J Bartley, seconded by Cr J Fairey:  

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:

 

13      Objection to proposed stormwater works at 20A William Denny

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.

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.

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.

 

 

14      Objection to proposed stormwater works at 40 Mellons Bay Road

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.

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.

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.

 

 

 

 

 

 

 

 

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

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.

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.

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.

 

 

16      Determination of Objection against Disqualification of Dog Owner Syrel Prasad

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.

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.

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.

 

 

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

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.

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.

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.

 

 

 

 

 

 

 

 

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

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.

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.

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

 

 

RESTATEMENTS

 

 

It was resolved while the public was excluded:

 

 

13

Objection to proposed stormwater works at 20A William Denny

 

Chairperson Cr J Bartley declared an interest in this item and took no part in the discussion or voting on the matter.

The Chairperson, Cr J Bartley vacated the chair in favour of the Deputy Chairperson, Cr K Turner and left the meeting at 4.07pm.

 

Resolution number RSCCC/2023/59

MOVED by Cr J Fairey, seconded by Cr A Filipaina:  

That the Regulatory and Community Safety Committee:

a)          whakaae / agree to hear and determine the objections by the owners of 20A William Denny Avenue according to clause 1(e) of Schedule 12 of the Local Government Act 2002

b)          whakaae / agree that the council will proceed with the extension of the public stormwater network from 20A to 18 William Denny Avenue (as shown in Attachment A of the agenda report), according to clause 1(e) of Schedule 12 of the Local Government Act 2002.

Restatement

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

 

 

 

A division was called for, voting on which was as follows:

For

IMSB Member E Ashby

Cr J Fairey

Cr A Filipaina

Cr S Stewart

Deputy Chairperson K Turner

Against

Cr M Lee

Abstained

 

 

The motion was declared carried by 5 votes to 1.

CARRIED

 

Cr K Turner vacated the chair, Cr J Bartley returned to the meeting and resumed the chair at 4.45pm.

 

Reasons for decision

 

The Committee considers that the works are necessary for public stormwater drainage under section 181(2) of the Local Government Act 2002, having considered all of the options outline in the agenda report. The preferred option (option 1) is cost effective and the most direct route and results in the least disruption and constructability risk. Option 1 complies with the stormwater code of practice.

 

The objector was critical of the developer and its representatives as well as Council staff in terms of the process followed and information provided.  Many of the issues raised were irrelevant to the decision-making of the Committee, being matters for other organisations to determine or matters of detail relating to resource consent and/or building consent applications which are separate statutory processes. 

 

The Committee is satisfied that the section 181 notice provided a description off the works accompanied by a plan which shows how the works affected any land or building.  It is clear to the Committee that the Objector understood what is proposed and the potential impacts on his property, but he did not provide any evidence that the works were not necessary or that there was a better option than the option preferred by staff.

 

 

 

14

Objection to proposed stormwater works at 40 Mellons Bay Road

 

Resolution number RSCCC/2023/60

MOVED by Cr J Fairey, seconded by Deputy Chairperson K Turner:  

That the Regulatory and Community Safety Committee:

a)      whakaae / agree to hear and determine the objections by the owners of 40 Mellons Bay Road according to clause 1(e) of Schedule 12 of the Local Government Act 2002.

b)      whakaae / agree that the council will proceed with the extension of the public stormwater network from 44 Mellons Bay Road via 40, 38, 36 and 26, to 24 Mellons Bay Road, as shown in Attachment A of the agenda report – approved engineering plans, and according to clause 1(e) of Schedule 12 of the Local Government Act 2002.

Restatement

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

CARRIED

 

 

 

Reasons for decision

 

The Committee considers that the works are necessary for public stormwater drainage under section 181(2) of the Local Government Act 2002, having considered all of the options outline in the agenda report. The preferred option (option 1) is cost effective, the most direct route, complies with the Stormwater Code of Practice and generally avoids structures on neighbouring properties.

 

The Objectors did not attend the hearing and some matters raised in their objection, such as blocking of views, inappropriate subdivision and injurious affection are not relevant to the Committee’s decision-making.  Their concern that works could damage an existing pipe can be addressed through the construction methodology and Council is required to repair any damage that may occur to private property.

 

 

 

15

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

 

Resolution number RSCCC/2023/61

MOVED by Chairperson J Bartley, seconded by Cr J Fairey:  

That the Regulatory and Community Safety Committee:

a)      whakaae / agree to hear and determine the objections by the owners of 391A, 393A and 395A Mount Albert Road, according to clause 1(e) of Schedule 12 of the Local Government Act 2002

b)      whakaae / agree that the council will proceed with the extension of the public stormwater network from 389 Mount Albert Road, via 391A and 393A Mount Albert Road to 395A Mount Albert Road (as shown in Attachment A to the agenda report), according to clause 1(e) of Schedule 12 of the Local Government Act 2002.

Restatement

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

CARRIED

 

Reasons for decision

 

The Committee considers that the works are necessary for public stormwater drainage under section 181(2) of the Local Government Act 2002, having considered all of the options outline in the agenda report. The preferred option (option 1) is cost effective, the most direct route and complies with the Stormwater Code of Practice.

 

While the preferred option will have impacts on the objectors and occupants of neighboring properties, the impacts can be mitigated in part by the construction methodology and in particular, emergency services access can be provided in an emergency situation.

 

The objectors did not provide evidence that drainage works were unnecessary.

 

 


 

 

 

16

Determination of Objection against Disqualification of Dog Owner Syrel Prasad

 

Resolution number RSCCC/2023/62

MOVED by Cr M Lee, seconded by Chairperson J Bartley:  

That the Regulatory and Community Safety Committee:

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

b)      whakaae / agree to uphold the disqualification of Mr Syrel Prasad for the period of 2 years from 17 January 2023 to 17 January 2025.

Restatement

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

CARRIED

 

Reasons for decision

 

The Committee is satisfied on the evidence provided to it that Mr Prasad is not a suitable person to own a dog.  Mr Prasad has been infringed on 8 separate occasions from February 2020 to August 2023 as his dog continues to escape the property. Infringements also include an attack on a person and rushing a child.  Mr Prasad has also failed to register his dog.  Mr Prasad states that he has taken steps including installing a run, desexing and muzzling. The Committee is not satisfied that these steps are sufficient to warrant termination of the disqualification given his long history of non-compliance and that these steps have only been taken after he was disqualified as an owner.

 

 

 

17

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

 

Resolution number RSCCC/2023/63

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

That the Regulatory and Community Safety Committee:

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

b)      whakaae / agree uphold the probationary classification of Mr Baguley for the period of 24 months from 12 October 2022 to 12 October 2024.

Restatement

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

CARRIED

 

Reasons for decision

 

The Committee is satisfied on the evidence provided to it that Mr Baguley has committed multiple offences under the Dog Control Act 1996, including more than 3 offences within a continuous 24 month period. While Mr Baguley stated he has now taken action to prevent his dogs escaping his property, the history of offending is such that he either does not understand his legal obligations as a dog owner and/or has been very slow to address issues at his property to ensure his dogs do not escape.  The offences have occurred over a sustained period of time and it is appropriate to uphold the probationary classification in these circumstances.

 

 

 

18

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

 

Note:   changes were made to the original recommendation amending clause b), as a Chair’s recommendation.

 

Resolution number RSCCC/2023/64

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

That the Regulatory and Community Safety Committee:

a)      whakaae / agree to hear and consider Mrs Smith’s objection to her dog, Willow, having been classified as menacing under section 33A of the Dog Control Act 1996 and

b)      decline to uphold Willow’s menacing classification under section 33A of the Dog Control Act 1996.

Restatement

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

CARRIED

 

Reasons for decision

 

The Committee is satisfied on the evidence provided that Willow is unlikely to pose an ongoing threat to people or animals. Willow escaped the property while excited and playing with boarders who no longer reside at the property.  There have been no other complaints in relation to Willow’s behaviour.

 

 

 

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

 

There was no consideration of extraordinary items.

 

 

 

5.54 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:.......................................................