Minutes of Regulatory and Community Safety Committee

Regulatory and Community Safety Committee

05 December 2023

1 Ngā Tamōtanga | Apologies

Resolution number RSCCC/2023/65

MOVED by Chairperson J Bartley, seconded by Cr A Filipaina:

That the Regulatory and Community Safety Committee:

a) whakaae / accept the apologies from:

Absence

IMSB Member Edward Ashby – on council business

IMSB Member Ngarimu Blair – on council cusiness

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/2023/66

MOVED by Chairperson J Bartley, seconded by Cr A Filipaina:

That the Regulatory and Community Safety Committee:

a) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 7 November 2023, including the confidential section, as a true and correct record.

CARRIED

4 Ngā Petihana | Petitions

4.1	Petition: Relocate Atlas Concrete Silverdale Recycling Plant from Residential Area
	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.
	IMSB member N Blair entered the meeting at 10:14am. Deputy Chair Cr K Turner entered the meeting at 10:14am. Cr M Lee joined the meeting at 10.20am.
	Resolution number RSCCC/2023/67 MOVED by Chairperson J Bartley, seconded by Cr J Fairey: That the Regulatory and Community Safety Committee: a) whakamihi / thank Michaela Back for attending the meeting b) whiwhi / receive the petition in relation to the Atlas Concrete Recycling Plant. CARRIED
	Attachments a 5 December 2023 Regulatory and Community Safety Committee: Item 4.1, Petition: Relocate Atlas Concrete Silverdale Recycling Plant from Residential Area, Presentation

5 Ngā Kōrero a te Marea | Public Input

5.1	Public Input: Callum Gillispie and Bronwyn Coers - Navigation Bylaw 2021 Amendment
	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.
	Note: changes were made to the original recommendation adding new clause b), as a Chair’s recommendation.
	Resolution number RSCCC/2023/68 MOVED by Chairperson J Bartley, seconded by Cr A Filipaina: That the Regulatory and Community Safety Committee: a) whiwhi / receive the public input from Callum Gillespie and Bronwyn Coers and whakamihi / thank them for attending the meeting b) request staff advice to amend s18-20 of the Auckland Navigation Bylaw 2021. CARRIED
	Attachments a 5 December 2023 Regulatory and Community Safety Committee: Item 5.1, Public Input: Callum Gillispie and Bronwyn Coers - Navigation Bylaw 2021 Amendment, 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.

New Waste Management and Minimisation Bylaw Control

Resolution number RSCCC/2023/69

MOVED by Chairperson J Bartley, seconded by IMSB Member N Blair:

That the Regulatory and Community Safety Committee:

a) whakaae / agree to the key finding that the current 2012 Auckland Council’s Containers for Kerbside Collection Control and Separation of Domestic Waste Control are out-of-date and require improvement.

b) ohia / endorse that a new control is the most appropriate option to manage and minimise waste, protect the public, and to manage the use of public places associated with the storage and deposit of waste for kerbside collection as detailed in Option 2 of this agenda report.

c) whai / adopt the new Auckland Council Waste Management and Minimisation Bylaw (Collections) Control 2023 in Attachment A of this agenda report with effect from 1 February 2024.

d) whakakore / revoke on 1 February 2024, the ‘Separation of Domestic Waste Control’ saved under clause 31(3) of the Auckland Council Waste Management and Minimisation Bylaw 2019.

e) whakakore / revoke on 1 February 2024, rules in the ‘Containers for Kerbside Collection Control’ saved under clause 31(3) of the Auckland Council Waste Management and Minimisation Bylaw 2019 that apply to people using a kerbside collection service. For the avoidance of doubt, rules that apply to waste collectors are retained.

f) tuku mana / delegate authority through the Chief Executive to the General Manager responsible for Waste Solutions to make any amendments to the control in Attachment A of this agenda report to correct any errors or omissions and add a te reo Māori title to the control.

CARRIED

Attachments

a 5 December 2023 Regulatory and Community Safety Committee: Item 8, New Waste Bylaw (Collections) control, Presentation

Summary of Regulatory and Community Safety Committee information memoranda, workshops, and briefings (including the Forward Work Programme) - 5 December 2023

Resolution number RSCCC/2023/70

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 – 5 December 2023

b) tuhi ā-taipitopito / note the progress on the Forward Work Programme appended as Attachment A of the agenda report.

CARRIED

Determination of Objection against Disqualification of Dog Owner Jarrod Sykes

Mayor W Brown left the meeting at 11.55pm.

The hearing commenced at 11.26am in relation to the objection to a Disqualification of Dog Owner.

Jarod Sykes addressed the committee and outlined their objection to being issued with a Disqualification of Dog Owner classification. Section 25(1)(c) of the DCA provides that a territorial authority must disqualify a person from being an owner of a dog if that person is convicted of an offence (not being an infringement offence) against the DCA.

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 11.58am.

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

There was no consideration of extraordinary items.

Public Excluded

Resolution number RSCCC/2023/71

MOVED by Chairperson J Bartley, seconded by IMSB Member N Blair:

That the Regulatory and Community Safety Committee:

a) 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:

10 Determination of Objection against Disqualification of Dog Owner Jarrod Sykes

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

Determination of Objection against Disqualification of Dog Owner Jarrod Sykes

Resolution number RSCCC/2023/72

MOVED by Chairperson J Bartley, seconded by IMSB Member N Blair:

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 Jarrod Sykes for the period of 5 years from 3 February 2020 to 3 February 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

Reason for decision:

The circumstances of the offending that resulted in a disqualification notice are serious as the dog was not registered, had shown anxiety towards a child playing nearby but was not removed and later bit the 2 year old victim on his face and rag-dolled him in an arch of about 2 metres. The child sustained serious injuries to his face requiring multiple surgeries.

Mr Sykes opposed disqualification because the notice was issued 3 years after the incident, he was convicted and sentenced by the Court and would not be able to live in same house as his partner who was transferred ownership of the objectors current dog.

The Committee considers that the seriousness of the attack warrants disqualification and general deterrence. The delay in issuing a disqualification notice was because the objector’s address was unknown at the time. The objector chose to transfer ownership of his current dog to his partner, rather than a third party. If ownership is transferred to a 3rd party the objector is able to live at the same address as his partner.

12.22 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	ISMB Member Ngarimu Blair	From 10.12am, item 4
	Cr Julie Fairey
	Cr Alf Filipaina, MNZM
	Cr Mike Lee	Via electronic link
	Cr Kerrin Leoni	Via electronic link
	Cr Sharon Stewart, QSM
Ex-officio	Mayor Wayne Brown	Until 11.55pm, item 10