Date:

Time:

Meeting Room:

Venue:

 

Tuesday 5 March 2024

2.00pm

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          Decision on submissions and consultation report on proposed dangerous dams policy

A.      Dam Safety Regulations and Dangerous Dams Policy Written Feedback           3

B.      Dangerous Dams Policy 2023 Summary of feedback report                            177

9          Gambling Venue Policies Review 2023

A.      Gambling Review Findings Report                                                                    191

10        Regulatory and Community Safety Committee Forward Work Programme - 5 March 2024

A.      Regulatory and Community Safety Committee Forward Work Programme - 5 March 2024                                                                                                                    253

11        Determination of an objection to a nuisance abatement notice - Peter Steiner

A.      Nuisance Abatement Notice                                                                              267

B.      Objection to Nuisance Abatement Notice                                                          269

C.      Bark Investigator recommendations                                                                  271

D.      Barking Advisor statement                                                                                 275


 


Regulatory and Community Safety Committee

05 March 2024

 

 














































































































































































Regulatory and Community Safety Committee

05 March 2024

 

 














Regulatory and Community Safety Committee

05 March 2024

 

 






























































Regulatory and Community Safety Committee

05 March 2024

 

 

 

Komiti mō te Waeture me te Haumaru ā-Hapori / Regulatory and Community Safety Committee
Forward Work Programme 2024

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 2024

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

 

Bylaws

 

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:

Recommendations from Regulatory Committee, Proposal to amend the Cemeteries and Crematoria Bylaw 2014 – 24 September 2020 at the Governing Body
Link to decision

Cemeteries and Crematoria Bylaw 2014: Bylaw Panel report – 22 October 2021 at the Governing Body
Link to decision

Proposal to Initiation of bylaw projects in 2022 - 8 March 2022 at the Regulatory Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

Initiation of bylaw projects in 2022 - 8 March 2022 at the Regulatory Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Vape Retail Bylaw

Notice of Motion to introduce a bylaw restricting the visibility of vape products in specialist vape retailers from external view

Decision on form of updated bylaw control and whether formal public consultation is required.

 

Progress to date:

Notice of Motion – 13 February 2024
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

Initiation of Bylaw Reviews in 2020 – 18 February 2020 at the Regulatory Committee
Link to decision

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reporting

 

Animal Management

Licensing and Regulatory Compliance

Report on Animal Management activities for the year ending June 2024 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 2023/24 report to the Secretary of Local Government.

 

Progress to date:

2023/2024 report still to be prepared by Animal Management for presentation and approval during September/October 2024.

 

 

 

 

 

 

 

 

 

 

 

 

Resource Consent Appeals

Resource Consents

To provide an update on all resource consent appeals

Information purposes.

Bi-monthly report.

 

 

 

 

 

 

 

 

 

 

 

 

Boarding House Inspections

Licensing and Regulatory Compliance

Update on the Auckland proactive boarding house inspections programme.

Information purposes.

 

Progress to date:

Boarding House Inspection Programme Update – 20 April 2021 at the Regulatory Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Policies

 

Gambling Venue Policies Review 2020

Review required under the Gambling Act 2003

To approve the review findings

 

Progress to date:

Gambling Venue Policies Review 2020 – 13 October 2020 at the Regulatory Committee
Link to decision

Start of gambling and dog policy/bylaw reviews – 5 September 2023
Link to decision

 

 

 

 

X

 

 

 

 

 

 

 

 

 

Regulatory and Safety Committee Policy

 

To produce and obtain approval for an amended Regulatory and Safety Committee Policy

 

Progress to date:

Adoption of a Regulatory and Safety Committee Policy – 4 April 2023 at the Regulatory Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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:

Start of gambling and dog policy/bylaw reviews – 5 September 2023
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Funding

 

Local Crime Fund

……

To approve the distribution model and ratio for the Local Crime Fund of $2 million.

 

Progress to date:

Local Crime Fund – 30 May 2023 at the Regulatory Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Hearings

 

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.

As required

Objections under section 22 of the Dog Control Act 1996

The committee hears and determines objections to the probationary classification of dog owners pursuant to section 22(1) of the Dog Control Act 1996.

Hear and determine the objections according to sections 22(3) and 22(4) of the Dog Control Act 1996.

Hearings will be undertaken by the committee as the need arises.

As required

Objections under section 26 of the Dog Control Act 1996

The committee hears and determines objections to the disqualification of persons to own dogs pursuant to section 26(1) of the Dog Control Act 1996.

Hear and determine the objections according to sections 26(3) and 26(4) of the Dog Control Act 1996.

Hearings will be undertaken by the committee as the need arises.

                                            As required

Objections under section 31 of the Dog Control Act 1996

The committee hears and determines objections to the dangerous classification of dogs pursuant to section 31(3) of the Dog Control Act 1996.

Hear and determine the objections according to section 31(4) of the Dog Control Act 1996.

Hearings will be undertaken by the committee as the need arises.

As required

Objections under section 33B of the Dog Control Act 1996

The committee hears and determines objections to the menacing classification of dogs by deed pursuant to section 33B(1) of the Dog Control Act 1996.

Hear and determine the objections according to section 33B(2) of the Dog Control Act 1996.

Hearings will be undertaken by the committee as the need arises.

As required

Objections under section 33D of the Dog Control Act 1996

The committee hears and determines objections to the menacing classification of dogs by breed pursuant to section 33D(1) of the Dog Control Act 1996.

Hear and determine the objections according to section 33D(3) of the Dog Control Act 1996.

Hearings will be undertaken by the committee as the need arises.

As required

Objections under section 55 of the Dog Control Act 1996

The committee hears and determines objections to the issue of nuisance abatement notices for barking dogs pursuant to section 55(2) of the Dog Control Act 1996.

Hear and determine the objections according to section 55(3) of the Dog Control Act 1996.

Hearings will be undertaken by the committee as the need arises.

As required

 

 

 


 

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.

 

Waste Management and Minimisation Bylaw Control

Community and Social Policy

To review the kerbside collection rules for waste management and minimisation.

Decision on form of updated bylaw control and whether formal public consultation is required.

 

Progress to date:

New Wase Management and Minimisation Bylaw Control – 5 December 2023
Link to decision

 

 

 

 

 

Last edited 1/02/24

 


Regulatory and Community Safety Committee

05 March 2024

 

 



Regulatory and Community Safety Committee

05 March 2024

 

 



Regulatory and Community Safety Committee

05 March 2024

 

 




Regulatory and Community Safety Committee

05 March 2024