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

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Regulatory and Safety Committee held in the Room 1, Level 26, Te Wharau o Tāmaki - Auckland House, 135 Albert Street, Auckland on Tuesday, 6 May 2025 at 10.02am. 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 Lotu Fuli

 

Members

Houkura Member Edward Ashby

 

 

Cr Julie Fairey

 

 

Cr Alf Filipaina, MNZM

 

 

Cr Mike Lee

From 10.13am, Item 8

 

Cr Kerrin Leoni

From 10.05am, Item 8

 

Cr Sharon Stewart, QSM

 

 

Te Hunga Kāore i Tae Mai | ABSENT

 

 

Houkura Member Ngarimu Blair

 

 

 


Regulatory and Safety Committee

06 May 2025

 

 

 

1          Ngā Tamōtanga | Apologies

 

There were no 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

 

Resolution number RSCCC/2025/15

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson L Fuli:  

That the Regulatory and Safety Committee:

a)          whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 1 April 2025, 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

Police priorities, activities, and issues across Tāmaki Makaurau

 

Cr K Leoni returned to the meeting at 10.05am.

Cr M Lee returned to the meeting at 10.13am.

 

Resolution number RSCCC/2025/16

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson L Fuli:  

That the Regulatory and Safety Committee:

a)      whakamihi / thank Inspector Faga Siaki and Priscilla Balakrishnan for their attendance.

CARRIED

 

 

Cr A Filipaina left the meeting at 10.41am.

 

 

9

Outdoor water safety update 2025

 

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.

 

Resolution number RSCCC/2025/17

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

That the Regulatory and Safety Committee:

a)      whiwhi / receive the information on outdoor water safety initiatives being undertaken by the Parks and Community Facilities department and its partners.

b)      tuhi tīpoka / note that an end of year information report on the expanded west coast Rock-based Fisher Safety Campaign, will be prepared and shared with the Regulatory and Safety Committee and relevant local boards.

CARRIED

 

Attachments

a     6 May 2025, Regulatory and Safety Committee, Item 9: Outdoor water safety update 2025 - presentation

 

 

10

Status update on action decisions from Regulatory and Safety Committee 1 April 2025

 

Resolution number RSCCC/2025/18

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson L Fuli:  

That the Regulatory and Safety Committee:

a)      tuhi ā-taipitopito / note the status of decisions made at the 1 April 2025 meeting.

CARRIED

 

 

11

Summary of Regulatory and Safety Committee information memoranda, workshops, and briefings (including the Forward Work Programme) - 6 May 2025

 

Resolution number RSCCC/2025/19

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson L Fuli:  

That the Regulatory and Safety Committee:

a)      whiwhi / receive the Summary of Regulatory and Safety Committee information memoranda, workshops and briefings – 6 May 2025.

b)      tuhi tīpoka / note the progress on the Forward Work Programme appended as Attachment A of the agenda report.

CARRIED

 


 

 

12

Objection to stormwater works at 13 & 15 Alexandra Street, Riverhead

 

The objection was withdrawn before the meeting day. The hearing did not take place.

 

 

13

Determination of an objection to a dog owner disqualification by Mr Daniel Phillips

 

The hearing commenced at 11.05am in relation to the objection to a dog owner disqualification issued to Mr Daniel Phillips under s25 of the Dog Control Act 1996.

The objector addressed the committee and outlined their objection to being issued with a

dog owner disqualification and responded to questions.

 

Council staff addressed the committee and outlined the dog owner disqualification 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 11.20 am

 

The meeting adjourned at 11.21am and reconvened at 11.27am.

 

 

14

Determination of an objection to a menacing dog classification by Ms Tamara Wright

 

Cr A Filipaina returned to the meeting at 11.30am.

 

The hearing commenced at 11.27 am in relation to the objection to a menacing dog

classification issued to Ms Tamara Wright under s33A of the Dog Control Act 1996.

 

The objector addressed the committee and outlined their objection to being issued with a

 menacing dog classification and responded to questions.

 

Council staff addressed the committee and outlined the menacing 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 12.07 pm

 

 

 

 

15        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/2025/20

MOVED by Chairperson J Bartley, seconded by Deputy Chairperson L Fuli:   

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:

 

13     Determination of an objection to a dog owner disqualification by Mr Daniel Phillips

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.

 

14     Determination of an objection to a menacing dog classification by Ms Tamara Wright

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

 

 

12.08 pm The public was excluded.

 

12.56 pm The public was re-admitted.

 

 

RESTATEMENTS:

 

It was resolved while the public was excluded:

 

13

Determination of an objection to a dog owner disqualification by Mr Daniel Phillips

 

Resolution number RSCCC/2025/21

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

That the Regulatory and Safety Committee:

a)      kohuki / hear and determine the objection, and

b)      whakaū / uphold the disqualification of Mr Phillips for the period of two years from 20 June 2024 to 19 June 2026.

Restatement

 

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

CARRIED

 

Reason for decision

 

The Committee resolved to uphold the disqualification. Mr Phillips accepted the disqualification during the hearing, and the Committee noted that an excess of 40 infringements have been issued to him. Given the number of infringements issued to Mr Phillips, Animal Management are evidently engaging with him on a relatively frequent basis.

The Committee considered Mr Phillips may not fully understand his obligations as a responsible dog owner and if there are community programmes available that could assist with education, it could be worthwhile providing him with information about such programmes. This may help to improve compliance outcomes in the long-term once his disqualification expires.


 

 

14

Determination of an objection to a menacing dog classification by Ms Tamara Wright

 

Resolution number RSCCC/2025/22

MOVED by Deputy Chairperson L Fuli, seconded by Cr K Leoni: 

That the Regulatory and Safety Committee:

a)      kohuki / hear and determine the objection

CARRIED

 

MOVED by Deputy Chairperson L Fuli, seconded by Cr K Leoni:  

That the Regulatory and Safety Committee:

b)         whakaū / uphold the menacing classification of Tato.

 

A division was called for, voting on which was as follows:

For

Deputy Chairperson L Fuli

Cr K Leoni

Against

Houkura Member E Ashby

Chairperson J Bartley

Cr J Fairey

Cr A Filipaina

Cr M Lee

Cr S Stewart

Abstained

 

The motion was declared lost by 2 votes to 6.

 

 

Resolution number RSCCC/2025/23

MOVED by Deputy Chairperson L Fuli, seconded by Cr K Leoni:  

Restatement

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

CARRIED

 

Reason for decision

 

The Committee resolved to overturn the menacing classification of the dog “Tato” owned by Ms Tamara Wright.

The Committee considered that the evidence presented by Ms Wright during the hearing demonstrated she is an otherwise responsible dog owner. Ms Wright’s version of the events which resulted in the menacing classification being imposed, added additional context. This included Tato being walked in the evening, in an area of the local school where dogs were permitted to be exercised. She commented that she had asked the child not to pat her dogs before the incident, and indicated that she had walked her dogs that late in the evening to avoid contact with others.

Ms Wright was also able to explain steps she’d already taken prior to the incident to demonstrate a responsible approach to dog ownership, such as obtaining a Responsible Dog Owner Licence, taking Tato to training, having Tato desexed, and ensuring that Tato was wearing a harness displaying a “Caution” warning in public. Five months have passed since the incident giving rise to the menacing classification, and no further issues have arisen since this time.

The public safety objectives of a menacing classification were discussed, and it was considered that Ms Wright’s otherwise responsible approach to dog ownership mitigates the need for such a classification. It was discussed that if operationally feasible, it may be helpful to engage with Ms Wright and suggest enrolling Tato in specialist training to address his anxiety and any reactivity in public spaces, in order to avoid any further incidents.

 

 

 

12.56 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:.......................................................