Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 3 December 2024

10.00am

Room 1, Level 26
Te Wharau o Tāmaki - Auckland House
135 Albert Street
Auckland

 

Te Komiti mō te Waeture me te Haumaru / Regulatory and Safety Committee

 

OPEN ATTACHMENTS

 

 

 

ITEM   TABLE OF CONTENTS            PAGE

 

5.1       Public Input: Martin Butler - Health and Safety Risk to Auckland City: Evidence of concealed tunnels and deteriorating ammunition at Maungauika / North Head

A.      Public Input Request: Health and Safety Risk Auckland City                                        3

10        Proposed changes to council cemetery bylaw and code

A.      Proposed updates to the council cemetery and crematorium bylaw                                 5

B.      2024 Statutory Bylaw Review and Options Report                                                          71

C.      Local Board views                                       85

11        Proposed changes to council dog policy and bylaw

A.      Proposed updates to the dog policy and bylaw                                                           89

B.      2024 Review Options Report: Auckland Council Policy and Bylaw on Dogs 2019  221

C.      Local Board views                                     273

12        Resource Consents Appeals: Status Report 3 December 2024

A.      Resource Consent Appeals as at 18 November 2024                                         287


 

ITEM   TABLE OF CONTENTS                                PAGE

 

13        Summary of Regulatory and Safety Committee information memoranda, workshops, and briefings (including the Forward Work Programme) - 3 December 2024

A.      Regulatory and Safety Committee Forward Work Programme - 3 December 2024      303

B.      Letter to Hon Chris Bishop, Minister for Housing, from Cr Josephine Bartley regarding boarding house register            311

C.      Response letter from Chris Bishop, Minister for Housing, to Cr Bartley regarding boarding house regulation                        313

D.      Letter to Ministers Brown and van Velden regarding support for significant dog issues                                                                   315

14        Objection to stormwater works at 78 Onewa Road

A.      Engineering approved plans                     317

B.      Objections letters                                      321

C.      Alternative alignment options                    327

D.      Correspondence log                                  329

15        Determination of an objection against disqualification of a dog owner by Ms Suli Adimimfine

A.      Notice of disqualification of dog owner     335

B.      Objection to disqualification of dog owner                                                                   337

16        Determination of an objection to a dangerous dog classification by Ms Sharon Reti

A.      Dangerous dog classification notice         341

B.      Objection to the dangerous dog classification notice                                   343

C.      Affidavit from the Henderson Shelter Manager                                                    345

D.      Photographs of the bars on Hunter's kennel                                                                   347


 


Regulatory and Safety Committee

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Regulatory and Safety Committee

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Komiti mō te Waeture me te Haumaru ā-Hapori / Regulatory and 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 whether a bylaw (and code) is still needed to confirm, amend, replace or revoke the bylaw. If required, recommend a proposal and appoint a Bylaw Panel.

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

Findings from 2024 Review of Council's Cemetery Bylaw and Code. Decision to endorse the findings, start the statutory review, and prepare a report in response to the findings that completes a statutory bylaw review, develops options for improvements, and includes a proposal on the preferred option.
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

Findings from a review of Council's Health and Hygiene Code – 8 October 2024 at the Regulatory and Safety 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

Chair to be briefed and determine next steps.

 

Progress to date:

Notice of Motion – 13 February 2024
Link to decision

Retrospective approval of Auckland Council’s Smokefree Submission – 8 October 2024 at the Regulatory and Safety Committee
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.

 

2024 Findings from joint review of Auckland's traffic-related bylaws. Staff to prepare a report in response to the findings that develops options and a proposal to improve the regulation of vehicle use and parking in Auckland in a collaboration led by Auckland Transport.
Link to decision

 

Proposed joint traffic-related bylaw for Auckland - 8 October 2024 at the Regulatory and Safety Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Public Safety and Nuisance By-Law Enforcement

Licensing and Regulatory Compliance

To advise the committee of a proposed review of the enforcement of the Public Safety and Nuisance Bylaw 2013 (PSN Bylaw) in the central city and whether that approach could be enhanced to address ongoing concerns with city centre safety and nuisance.

Address ongoing concerns with city centre safety and nuisance.

 

Progress to date:

Proposed review of the Public Safety and Nuisance Bylaw enforcement – 9 April 2024 at the Regulatory and Community Safety Committee
Link to decision

Public Safety and Nuisance Bylaw Enforcement Update – 2 July 2024 at the Regulatory and Community Safety Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

Animal Management Annual Report 2023-2024 – 8 October 2024 at the Regulatory and Safety Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

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

Boarding House Inspection Programme Update – 4 June 2024 at the Regulatory and Community Safety Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Homelessness Work Programme

Community Wellbeing

To provide an update on the regional homelessness work programme.

Information purposes.

Six-monthly report.

 

Progress to date:

Council homelessness work programme update – 4 June 2024 at the Regulatory and Community Safety Committee
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Community Safety and Wellbeing

Community Wellbeing

To provide an update on the regional homelessness work programme.

Information purposes.

Six-monthly report.

Progress to date:

Regional Community Safety Work Programme – 13 August 2024 at the Regulatory and Community Safety Committee
Link to decision

City Centre Community Safety Action Plan – 13 August 2024 at the Regulatory and Community Safety 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

Gambling Venue Policies Review 2023 – 5 March 2024
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

Findings from review of Council's policy and bylaw on dogs: prepare options report and proposal on improvements in response to the findings for consultation in 2025.
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Dangerous Dams Policy

Building regulations

The Building (Dam Safety) Regulations 2022 are Aotearoa New Zealand’s first consistent regulatory dam safety framework which provides a nationally consistent approach to ensuring that dams are, and continue to be, safe, protect people, property, infrastructure, and the environment. The Building (Dam Safety) Regulations 2022 come into effect on 13 May 2024.

Under the Building Act 2004, all regional councils are required to ‘adopt and implement a policy on dangerous dams, flood-prone dams, and earthquake prone dams.’ Auckland Council developed its proposed Dam Safety policy, which is due to come into effect on 13 May 2024.  

The Regulatory and Community Safety committee is expected to adopt the proposed Dangerous Dams policy in April 2024, in time for it come into effect on 13 May 2024.

 

Progress to date:

Update on submissions received during the consultation period on the Dam Safety policy.
Link to decision

Decision to adopt dangerous dams policy.
Link to decision

 

 

 

 

 

 

 

X

 

 

 

 

 

 

 

 

 

Funding

 

Local Crime Fund

Through the Ministry of Social Development, the Government allocated $2 million from the Proceeds of Crime Fund to invest in community safety initiatives in Auckland.

 

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

Update on accountability for Local Crime Fund grants provided to Business Improvement Districts as of 31 December 2023
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 16/10/24

 


Regulatory and Safety Committee

03 December 2024

 

 



Regulatory and Safety Committee

03 December 2024

 

 



Regulatory and Safety Committee

03 December 2024

 

 



Regulatory and Safety Committee

03 December 2024

 

 





Regulatory and Safety Committee

03 December 2024

 

 






Regulatory and Safety Committee

03 December 2024

 

 


Regulatory and Safety Committee

03 December 2024

 

 






Regulatory and Safety Committee

03 December 2024

 

 



Regulatory and Safety Committee

03 December 2024

 

 




Regulatory and Safety Committee

03 December 2024

 

 



Regulatory and Safety Committee

03 December 2024

 

 


Regulatory and Safety Committee

03 December 2024

 

 



Regulatory and Safety Committee

03 December 2024