Date: Time: Meeting Room: Venue:
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Tuesday, 3 December 2024 10.00am Room 1, Level
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Te Komiti mō te Waeture me te Haumaru / Regulatory and Safety Committee
OPEN ATTACHMENTS
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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
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
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
C. Alternative alignment options 327
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
Regulatory and Safety Committee 03 December 2024 |
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Komiti mō te Waeture me te Haumaru ā-Hapori /
Regulatory and Safety Committee 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 |
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 |
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Bylaws |
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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 Cemeteries
and Crematoria Bylaw 2014: Bylaw Panel report – 22 October 2021 at the
Governing Body Proposal
to Initiation of bylaw projects in 2022 - 8 March 2022 at the Regulatory
Committee 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. |
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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 Findings
from a review of Council's Health and Hygiene Code – 8 October 2024 at
the Regulatory and Safety Committee
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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 Retrospective
approval of Auckland Council’s Smokefree Submission – 8 October
2024 at the Regulatory and Safety Committee
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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 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.
Proposed
joint traffic-related bylaw for Auckland - 8
October 2024 at the Regulatory and Safety
Committee
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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 Public
Safety and Nuisance Bylaw Enforcement Update – 2 July 2024 at the Regulatory and Community Safety Committee
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Reporting |
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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 |
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Resource Consent Appeals Resource Consents |
To provide an update on all resource consent appeals |
Information purposes. Bi-monthly report. |
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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 Boarding
House Inspection Programme Update – 4 June 2024 at the Regulatory and
Community Safety Committee |
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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 |
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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 City
Centre Community Safety Action Plan – 13 August 2024 at the Regulatory
and Community Safety Committee
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Policies |
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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 Start of
gambling and dog policy/bylaw reviews – 5 September 2023 Gambling
Venue Policies Review 2023 – 5 March 2024
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Regulatory and Safety Committee Policy |
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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
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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 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.
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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. Decision
to adopt dangerous dams policy.
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Funding
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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.
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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 Update on
accountability for Local Crime Fund grants provided to Business Improvement
Districts as of 31 December 2023
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Hearings
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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
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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.
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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
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Last edited 16/10/24