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Regulatory and Safety Committee
03 December 2024
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1 Ngā
Tamōtanga | Apologies
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
4 Ngā
Petihana | Petitions
There were no petitions.
Note: Item
5 – Public Input was considered after Item 9 – Update on erosion
and sediment control on small building sites project
Note: From
this point forward, agenda items were taken in the following order:
Item
6 Ngā
Kōrero a te Poari ā-Rohe Pātata | Local Board Input
7 Ngā
Pakihi Autaia | Extraordinary Business
8 Status
update on action decisions from Regulatory and Safety Committee 8 October 2024
9 Update
on erosion and sediment control on small building sites project
5.1 Public
Input: Martin Butler - Health and Safety Risk to Auckland City: Evidence of
concealed tunnels and deteriorating ammunition at Maungauika / North Head
14 Objection
to stormwater works at 78 Onewa Road
10 Proposed
changes to council cemetery bylaw and code
11 Proposed
changes to council dog policy and bylaw
12 Resource
Consents Appeals: Status Report 3 December 2024
13 Summary
of Regulatory and Safety Committee information memoranda, workshops, and
briefings (including the Forward Work Programme) - 3 December 2024
15 Determination
of an objection against disqualification of a dog owner by Ms Suli Adimimfine
16 Determination
of an objection to a dangerous dog classification by Ms Sharon Reti
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.
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9
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Update
on erosion and sediment control on small building sites project
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Deputy
Chairperson L Fuli joined the meeting at 10.14am.
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Resolution
number RSCCC/2024/80
MOVED by Chairperson
J Bartley, seconded by Houkura Member E Ashby:
That
the Regulatory and Safety Committee:
a) whiwhi / receive the update on erosion and
sediment control on small building sites project.
CARRIED
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Attachments
a 3 December 2024, Regulatory and Safety Committee, Item 9:
Update on erosion and sediment control on small building sites project -
presentation
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5 Ngā Kōrero a te Marea | Public Input
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5.1
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Public Input: Martin Butler - Health and Safety Risk to
Auckland City: Evidence of concealed tunnels and deteriorating ammunition at Maungauika
/ North Head
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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.
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Resolution
number RSCCC/2024/81
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the public input address from Martin Butler regarding his evidence
of concealed tunnels and deteriorating ammunition at Maungauika / North Head.
b) whakamihi
/ thank Martin Butler for attending the meeting.
CARRIED
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Attachments
a 3 December 2024, Regulatory and Safety Committee, Item
5.1, Public Input: Martin Butler - Health and Safety Risk to Auckland City: Evidence
of concealed tunnels and deteriorating ammunition at Maungauika / North Head
- presentation
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Note: The
chairperson accorded precedence to Item 14 – Objection
to stormwater works at 78 Onewa Road, at this time.
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14
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Objection to stormwater works at 78 Onewa Road
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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.
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The hearing commenced at 10.33am in
relation to the objection to proposed stormwater works at 10, 12 and 14 Bush
View Lane, Northcote.
Council staff addressed the
committee and outlined the proposed stormwater works and responded to
questions. The council has determined that the works constitute necessary
public stormwater improvements. The council has issued a notice under section
181(2) of the Local Government Act 2002, informing the landowners of its
intention to construct the works as a council project.
The objectors addressed the
committee and outlined their objection to proposed stormwater works at 10, 12
and 14 Bush View Lane, Northcote.
Council staff were given the
opportunity to reply to the matters raised by the objectors and provide the
committee with final comments.
The hearing concluded at 11.25am.
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Attachments
a 3 December 2024, Regulatory and Safety Committee, Item 14:
Objection to stormwater works at 78 Onewa Road - presentation
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10
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Proposed
changes to council cemetery bylaw and code
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Note: changes were made to the original motion, amending
clause g), with the agreement of the meeting.
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Resolution
number RSCCC/2024/82
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) tuhi ā-taipitopito
/ note that in July 2024, Auckland Council completed a review of the Auckland Council Ture ā-Rohe mo ngā
Wāhi Tapu me ngā Whare Tahu Tupāpaku | Cemeteries and
Crematoria Bylaw 2014 and Arataki Tikanga mo ngā Wāhi Tapu me ngā
Whare Tahu Tupāpaku | Cemeteries and Crematoria Code of Practice 2014.
b) whakaae / agree that a statutory
bylaw review of the Auckland Council Cemeteries and Crematoria Bylaw 2014 is complete,
including that:
i) a bylaw is still the most appropriate way to help
minimise public safety risks, misuse, obstruction, and damage at council
cemeteries and crematoria
ii) the current Bylaw does not give rise to any
implications and is not inconsistent with the New Zealand Bill of Rights Act 1990
iii) the current Bylaw is not the most appropriate
form of bylaw (could be improved).
c) whakaae / agree that
Option 2C, to amend the Auckland Council Cemeteries and Crematoria Bylaw 2014 and to revoke the Cemeteries and Crematoria Code of Practice 2014, is the most appropriate option to respond to the review
findings.
d) tūtohungia /
recommend that the Governing Body whai / adopt the Statement of Proposal in
Attachment A of this agenda report for public consultation using the Local
Government Act 2002 special consultative procedure to:
i) amend the Auckland
Council Cemeteries and Crematoria Bylaw 2014
ii) revoke the Auckland
Council Cemeteries and Crematoria Code of Practice 2014.
e) tūtohungia /
recommend the Governing Body whakaū / confirm that the proposed amended Auckland Council Ture ā-Rohe mo ngā
Wāhi Tapu me ngā Whare Tahu Tupāpaku | Cemeteries and
Crematoria Bylaw 2014:
i) is
the most appropriate form of bylaw
ii) does
not give rise to any implications under, and is not inconsistent with, the
New Zealand Bill of Rights Act 1990.
f) tūtohungia
/ recommend that the Governing Body tautapa /
delegate authority through the Chief Executive to a manager responsible for
bylaws to make any amendments to the Statement of Proposal in Attachment A of
this agenda report to correct errors or omissions or to reflect decisions
made by the Regulatory and Safety Committee.
g) kopou
/ appoint Cr Bartley as chair and Cr Leoni from the Governing Body and invite
Houkura / the Independent Māori Statutory Board to appoint one
representative to form a Bylaw Panel to attend ‘Have Your Say’
events where appropriate, hear local
board views on public feedback and
make recommendations to the Governing Body on public feedback to the
Statement of Proposal in Attachment A of this agenda report.
h) tautapa
/ delegate authority to the Regulatory and Safety Committee chair to make
replacement appointments to the Bylaw Panel if a panel member is unavailable.
i) tautapa / delegate authority through the Chief Executive to a
manager responsible for bylaws to:
i) appoint
staff to receive public feedback at ‘Have Your Say’ events
ii) make
any amendments to the Statement of Proposal in Attachment A of this agenda
report to correct errors or omissions, or to reflect decisions made by the
Regulatory and Safety Committee or the Governing Body.
CARRIED
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11
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Proposed
changes to council dog policy and bylaw
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Note: changes
were made to the original motion, amending clause f), with the agreement of
the meeting.
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Resolution
number RSCCC/2024/83
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) tuhi ā-taipitopito
/ note that in July 2024, Auckland Council completed a statutory review of
the Auckland Council’s Kaupapa no ngā Kurī |
Policy on Dogs 2019 and Ture ā Rohe
Tiakina Kurī | Dog Management Bylaw 2019 (RSCCC/2024/47).
b) whakaae / agree that
Option 2, to amend both the Auckland Council Policy on Dogs 2019 and Dog
Management Bylaw 2019, is the most appropriate option to respond to the
findings of the statutory review completed in July 2024.
c) tūtohungia /
recommend that the Governing Body whai / adopt the Statement of Proposal in
Attachment A of this agenda report for public consultation using the Local
Government Act 2002 special consultative procedure:
i) to amend the
Auckland Council Policy on Dogs 2019
ii) to amend the Auckland
Council Dog Management Bylaw 2019.
d) tūtohungia /
recommend that the Governing Body whakaū / confirm that the proposed
amended Auckland Council Policy on Dogs 2019 and Dog Management Bylaw 2019:
i) has
regard to matters in section 10(4) of that Dog Control Act 1996
ii) is
the most appropriate form of bylaw
iii) does
not give rise to any implications under, and is not inconsistent with, the
New Zealand Bill of Rights Act 1990.
e) tūtohungia
/ recommend that the Governing Body tautapa / delegate authority through the
Chief Executive to a manager responsible for bylaws to make any amendments to
the Statement of Proposal in Attachment A of this agenda report and Policy on
Dogs 2019 to correct errors or omissions (including errors in the migration
of dog access rules into the Policy adopted in GB/2019/71),
insert maps or to reflect decisions made by the Regulatory and Safety
Committee or the Governing Body.
f) kopou
/ appoint Cr Bartley as chair and Cr Filipaina from the Governing Body and
invite Houkura / the Independent Māori Statutory Board to appoint one
representative to form a Policy and Bylaw Panel to attend ‘Have Your
Say’ events where appropriate,
hear local board views on public
feedback and make recommendations to the Governing Body on public feedback to
the Statement of Proposal in Attachment A of this agenda report.
g) tautapa
/ delegate authority to the Regulatory and Safety Committee chair to make
replacement appointments to the Policy
and Bylaw Panel if a panel
member is unavailable.
h) tautapa
/ delegate authority through the Chief Executive to a manager responsible for
bylaws to:
i) appoint
staff to receive public feedback at ‘Have Your Say’ events
ii) make
any amendments to the Statement of Proposal in Attachment A of this agenda
report to correct errors or omissions,
insert maps or to reflect decisions
made by the Regulatory and Safety Committee.
CARRIED
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Houkura Member N Blair retired from the meeting.
The meeting adjourned at 11.44am and reconvened
at 12.01pm.
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13
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Summary
of Regulatory and Safety Committee information memoranda, workshops, and
briefings (including the Forward Work Programme) - 3 December 2024
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Resolution
number RSCCC/2024/85
MOVED by Chairperson
J Bartley, seconded by Cr S Stewart:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the Summary of Regulatory and Safety Committee information
memoranda, workshops and briefings – 3 December 2024.
b) tuhi
ā-taipitopito / note the progress on the Forward Work Programme appended
as Attachment A of the agenda report.
CARRIED
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Note: Item
14 – Objection to stormwater works at 78 Onewa
Road was considered prior to Item 10 – Proposed
changes to council cemetery bylaw and code
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15
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Determination
of an objection against disqualification of a dog owner by Ms Suli Adimimfine
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The hearing commenced at 12.05pm in relation to the
objection to a Disqualification of Dog Owner.
Ms Suli Adimimfine 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 12.27pm.
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Public Excluded
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Resolution
number RSCCC/2024/86
MOVED by Chairperson J Bartley, seconded by Cr
K Leoni:
That the Regulatory and 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:
14 Objection to
stormwater works at 78 Onewa Road
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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. 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.
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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.
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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.
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15 Determination
of an objection against disqualification of a dog owner by Ms Suli Adimimfine
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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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..
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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.
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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.
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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
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The meeting was reopened to the public at 1.02pm.
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16
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Determination
of an objection to a dangerous dog classification by Ms Sharon Reti
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The hearing
commenced at 1.02pm in relation to the objection to a dangerous dog
classification issued to Ms Sharon Reti under s32 of the Dog Control Act
1996.
The objector
addressed the committee and outlined their objection to being issued with a dangerous
dog classification and responded to questions.
Council staff
addressed the committee and outlined the dangerous dog 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 1.17pm.
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17 Te Whakaaro ki ngā Take Pūtea e
Autaia ana | Consideration
of Extraordinary Items
There was no
consideration of extraordinary items.
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Public Excluded
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Resolution
number RSCCC/2024/90
MOVED by Chairperson J Bartley, seconded by Cr
K Leoni:
That the Regulatory and 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:
16 Determination
of an objection to a dangerous dog classification by Ms Sharon Reti
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Reason
for passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
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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..
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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.
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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.
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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
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1.18pm 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.
1.21pm The public was re-admitted.
RESTATEMENTS:
It was
resolved while the public was excluded:
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14
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Objection to stormwater works at 78 Onewa Road
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Resolution number RSCCC/2024/90
MOVED by Chairperson
J Bartley, seconded by Houkura Member E Ashby:
That
the Regulatory and Safety Committee:
a) hear and determine the objections by the owners of 10, 12 and 14 Bush View Lane according
to clause 1(e) of Schedule 12 of the Local Government Act 2002.
b) whakatau / resolve that Auckland Council will proceed with the
extension of the public stormwater network from 78 Onewa Road (as shown in Attachment A – approved engineering
plans), according to clause 1(e) of Schedule 12 of the Local Government Act
2002.
Restatement
c) whakaae
/ agree that the matter remain confidential until the conclusion of the
hearing and then be restated in the open minutes.
CARRIED
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Note: Under Standing Order 1.8.6,
Cr S Stewart requested that her dissenting vote be
recorded.
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Reason for decision
Auckland
Council’s Healthy Waters department explained the options to serve the
new development at 78 Onewa Road. Option 1 was considered most suitable as
it is a more direct route, creates less disruption for affected property
owners, has lower construction risks and provides easy access for future
maintenance compared to option 2. Option 3 is the most direct route but
involves pumping uphill which is not supported and is a last resort where
gravity flow options are not available.
Objectors
raised issues including that the existing stormwater pipes do not cope with
heavy rain. However, public stormwater pipes are designed to handle 1 in
10-year flood events, not all rainfall events. The network has capacity to
take the additional connections within the operating parameters and retention
tanks are part of the development proposal. Submitters also raised access
issues noting medical needs of some residents. Heathy Water’s
contractors are used to working on projects where access is required to be
maintained or provided at short notice and this can be addressed as part of the
construction works plan. The objectors did not provide evidence that the
drain works were not necessary.
The committee considers that the drain
works are necessary and determines that Auckland Council will proceed with the
works as proposed in option 1.
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15
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Determination of an objection against disqualification
of a dog owner by Ms Suli Adimimfine
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Note: changes
were made to the original motion, amending clause b), with the agreement of
the meeting.
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Resolution number RSCCC/2024/91
MOVED by Chairperson
J Bartley, seconded by Cr J Fairey:
That
the Regulatory and Safety Committee:
a) kohuki
/ hear and determine the objection, and
b) whakaū / uphold
the disqualification of Ms Suli Adimimfine for the period of three years from
15 May 2024 to 15 May 2027
Restatement
c) whakaae
/ agree that the matter remain confidential until the conclusion of the
hearing and then be restated in the open minutes.
CARRIED
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Reason for decision
The committee
is satisfied that Ms Adimimfine should be disqualified from owning a dog for a
period of three years.
Ms Adimimfine
received 16 infringements under the Dog Control Act and her two dogs Cboi and
Zeus have been impounded a combined total of 9 times between November 2022 and
August 2024.
While steps
have now been taken to ensure the property is secure, these steps occurred on
Ms Adimimfine’s own evidence, after the fourth time she returned from
collecting an impounded dog. Ms Adimimfine received guidance and warnings
but did not address the situation regarding her dogs escaping the
property. Repeated issuing of Infringement Notices did not act as a
deterrence.
In these circumstances the committee
considers disqualification is appropriate and the period of 3 years is
appropriate.
Reason for decision
The committee is satisfied that Hunter
poses a threat to the safety of persons and animals.
Animal shelter
staff observed signs of aggression while Hunter was at the shelter towards
staff and other animals. Staff observed food related aggression and Hunter
required medication to calm him and reduce anxiety. Hunter was impounded
pending the outcome of a prosecution for an attack on a visitor who was feeding
him which required medical treatment. The prosecution was withdrawn due to
lack of evidence regarding ownership of Hunter rather than lack of evidence
relating to an attack.
Ms Reti stated
that Hunter was a “scared” dog and doesn’t bark at people and
has been taught not to attack. However, Ms Reti also accepted that the
attack occurred in her reply evidence. A “scared dog” can be an
indicator of poor socialisation that can manifest in anxiety and aggressive
behaviours, as witnessed by animal shelter staff.
The committee considers in the
circumstances above that it is appropriate to uphold the dangerous
classification of Hunter as he poses a threat to the safety of persons and
animals.
1.21 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 Safety Committee
HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
