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, 5 March 2024 at 2.00pm.

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

Houkura Member Edward Ashby

 

 

Houkura Member Ngarimu Blair

Via electronic link

 

Cr Julie Fairey

 

 

Cr Mike Lee

Via electronic link, from 2.04pm, Item 8

 

Cr Kerrin Leoni

 

 

Cr Sharon Stewart, QSM

 

 

 

Te Hunga Kāore i Tae Mai | ABSENT

 

Member

Cr Alf Filipaina, MNZM

 

 

 


Regulatory and Community Safety Committee

05 March 2024

 

 

 

1          Ngā Tamōtanga | Apologies

 

Resolution number RSCCC/2024/13

MOVED by Chairperson J Bartley, seconded by Cr K Leoni:  

That the Regulatory and Community Safety Committee:

a)          hakaae / accept the apology from Houkura member Ngarimu Blair for early departure.

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/2024/14

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

That the Regulatory and Community Safety Committee:

b)         whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 13 February 2024, 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

 

There was no public input.

 

 

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

Decision on submissions and consultation report on proposed dangerous dams policy

 

A PowerPoint presentation was given and 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 a minutes attachment.

Note:   change to the original motion, adding new clause c) was made with the agreement of the meeting.

 

Cr M Lee joined the meeting at 2.04pm.

 

Resolution number RSCCC/2024/15

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

That the Regulatory and Community Safety Committee:

a)      whiwhi / received the update on submissions received during the consultation period on the Dam Safety policy.

b)      tono / requested this report and its attachments be provided to Local Boards

c)          whakamihi  / thanked the staff for their work.

CARRIED

 

Attachments

a     5 March 2024, Regulatory and Community Safety Committee, Item 8: Decision on submissions and consultation report on proposed dangerous dams policy - presentation

b     5 March 2024, Regulatory and Community Safety Committee, Item 8: Decision on submissions and consultation report on proposed dangerous dams policy - Local Board feedback

c     5 March 2024, Regulatory and Community Safety Committee, Item 8: Decision on submissions and consultation report on proposed dangerous dams policy - Rural Submission

 

 

9

Gambling Venue Policies Review 2023

 

Resolution number RSCCC/2024/16

MOVED by Chairperson J Bartley, seconded by Cr K Leoni:   

That the Regulatory and Community Safety Committee:

a)      whakaae / accept the findings of the review of Auckland Council’s gambling venue policies.

b)      whakaae / agree to retain the Class 4 Gambling (pokie) Venue Policy 2013.

c)      whakaae / agree to retain the Racing Board (TAB) Venue Policy 2013

CARRIED

 

Note:   Under Standing Order 1.8.3, Cr K Turner requested that his abstention be recorded.

 


 

 

10

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

 

Resolution number RSCCC/2024/17

MOVED by Chairperson J Bartley, seconded by Cr K Leoni:  

That the Regulatory and Community Safety Committee:

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

CARRIED

 

 

 

11

Determination of an objection to a Nuisance Abatement Notice - Peter Steiner

 

The hearing commenced at 2.35pm in relation to the objection to a Nuisance Abatement Notice issued to Peter Steiner under s55 of the Dog Control Act 1996.

The objector addressed the committee and outlined their objection to being issued with a Nuisance Abatement Notice and responded to questions.

Council staff addressed the committee and outlined the Nuisance Abatement Notice 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 2.54pm.

 

 

 

12        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/2024/18

MOVED by Chairperson J Bartley, seconded by Cr K Leoni:  

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:

 

 

 

 

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

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

 

2.55pm            The public was excluded.

 

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

 

3.16pm            The public was re-admitted.

 

 

RESTATEMENTS

 

It was resolved while the public was excluded:

 

11

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

 

Resolution number RSCCC/2024/19

MOVED by Chairperson J Bartley, seconded by Cr K Leoni:  

That the Regulatory and Community Safety Committee:

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

b)      whakaae / agree to uphold the Nuisance Abatement Notice issued on 28 July 2023 to Peter Steiner.

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

Reason for decision

Council is satisfied based on the evidence presented at the hearing that Mr Steiner’s dog has been creating a nuisance by loud and persistent barking.  35 complaints have been received since January of 2018.  Mr Steiner accepts that has dog has been barking, but disputed it was creating a nuisance and considered the complaints were from one neighbour. However, complaints have been received from multiple neighbours supported by evidence including video footage and bark logs from three neighbours who responded to bark survey requests. Council has previously provided education, warnings and noise abatement notices but the barking has persisted. In these circumstances it is appropriate to uphold the nuisance abatement notice.

 

 

3.16pm                                               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:.......................................................