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Regulatory and Safety Committee
15 July 2025
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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.
5 Ngā
Kōrero a te Marea
| Public Input
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5.1
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Public
Input: Sarah Sneyd, Alcohol Healthwatch - Initial impacts of Auckland’s
Local Alcohol Policy
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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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Cr J Fairey joined the meeting at 10.08am.
Cr M Lee joined the meeting at 10.14am.
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Note: changes
were made to the original recommendation, adding new clause c), as a
Chair’s recommendation.
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Resolution
number RSCCC/2025/33
MOVED by Chairperson
J Bartley, seconded by Cr A Filipaina:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the public input from Sarah Sneyd, on behalf of Alcohol Healthwatch
for her update on the Local Alcohol Policy
b) whakamihi
/ thank Sarah Sneyd for her attendance
c) tono / request staff to report back on
implementation of the Local Alcohol Policy, noting the matters raised by
Sarah Sneyd.
CARRIED
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Attachments
a 15 July 2025, Regulatory and Safety Committee,
Item 5.1, Public Input: Sarah Sneyd, Alcohol Healthwatch - Initial impacts of
Auckland’s Local Alcohol Policy - presentation
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5.2
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Public
Input: Dr Grant Hewison, Communities Againt Alcohol Harm - Local Alcohol
Policy
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A document
was tabled in support of the item. A copy has been
placed on the official minutes and are available on the Auckland Council
website as minutes attachment.
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Note: changes were made to the original
recommendation, adding new clause c), as a Chair’s recommendation.
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Resolution
number RSCCC/2025/34
MOVED by Chairperson
J Bartley, seconded by Deputy Chairperson L Fuli:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the public input from Dr Grant Hewison, on behalf of Communities
Against Alcohol Harm regarding the Auckland Local Alcohol Policy, recent
District Licensing Committee and Alcohol Regulatory and Licensing Authority
cases concerning the neighbourhood centre zones and vape / alcohol premises
b) whakamihi
/ thank Dr Grant Hewison for his attendance
c)
tono / request
staff to report back on implementation of the Local Alcohol Policy, noting
the matters raised by Dr Grant Hewison.
CARRIED
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Attachments
a 15 July 2025, Regulatory and Safety Committee,
Item 5.2, Public Input: Dr Grant Hewison, Communities Againt Alcohol Harm -
Local Alcohol Policy - tabled document
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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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8
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Options
Report for review of Health and Hygiene Bylaw 2013
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Resolution
number RSCCC/2025/35
MOVED by
Cr A Filipaina, seconded by Deputy Chairperson L Fuli:
That the Regulatory and Safety Committee:
a) tuhi tīpoka / note that the committee completed a review of the Auckland
Council Tikanga ā-Mahi Whakamaru Hauora 2013 | Health and Hygiene Code
of Practice 2013 in October 2024, and decided to initiate a statutory bylaw
review and options report.
b) whakaae
/ agree that a statutory bylaw review of the Auckland Council Te Ture
ā-Rohe Whakamaru Hauora | Health and Hygiene Bylaw 2013 is complete,
including that:
i) a
bylaw is still the most appropriate way to minimise the risk of physical harm
from health and beauty services in Auckland
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 (and Code) is not the most appropriate form of bylaw, and could
be improved.
c) whakaae
/ agree that Option B - Amend the Bylaw and Code in Attachment A of the
agenda report is the most appropriate statutory response to the Bylaw and
Code because it:
i) meets
council’s statutory obligation to improve, promote and protect public
health
ii) improves
the current framework which has helped minimise the risk of physical harm
from health and beauty services in Auckland
iii) reduces
compliance costs by improving the content of standards and adjusting licence
requirements to better reflect the risk of physical harm, any intention to
burn, break or pierce the skin, any regulation by other agencies, and
council’s area of expertise.
d) tuhi tīpoka / note that Option B in clause c) will give effect to
the recommended responses for each service and Bylaw and Code improvements in
Attachment A of the agenda report.
e) tono
/ request staff as delegated by the Chief Executive, to prepare a Statement
of Proposal that amends the Bylaw and Code to give effect to Option B in clause
c).
CARRIED
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9
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Animal
Management update including proposed requested changes to the Dog Control Act
1996
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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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Cr A
Filipaina retired from the meeting at 11.39am.
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Resolution
number RSCCC/2025/36
MOVED by
Chairperson J Bartley, seconded by Deputy Chairperson L Fuli:
That
the Regulatory and Safety Committee:
a) whakaae
/ agree that the increase in roaming and dangerous dogs presents a public
safety risk and legislative change is required to support more effective
enforcement and animal management under the Dog Control Act 1996.
b) whakaae
/ agree to the proposed direction for suggested legislative reform, which
focuses on:
i) keeping
people safe
ii) increased
focus on irresponsible dog owners
iii) controlling
the dog population.
c) tuhi
tīpoka / note that Auckland Council will advocate to central government
to develop amendments to the Dog
Control Act 1996, in
partnership where possible, and this work is considered urgent to ensure
public safety.
d) tuhi
tīpoka / note Auckland
Council is taking active steps to address dog-related harm, including
additional investment, increased shelter capacity, and the implementation of
an Animal Management Action Plan, focused on education, compliance, desexing,
and infrastructure.
CARRIED
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Attachments
a 15 July 2025, Regulatory and Safety Committee,
Item 9: Animal Management update including proposed requested changes to the
Dog Control Act 1996 - presentation
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The meeting adjourned at 12.00pm and
reconvened at 12.09pm
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10
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Objection
to stormwater works at 18D MacMurray Road, Remuera
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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 12.09 pm in
relation to the objection to proposed stormwater works at 18D MacMurray Road,
Remuera.
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 chose not to
attend the hearing.
The hearing concluded at 12.30
pm.
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Attachments
a 15 July 2025, Regulatory and Safety Committee, Item 10:
Objection to stormwater works at 18D MacMurray Road, Remuera - presentation
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11
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Objection
to wastewater works at 51 Beechdale Crescent, Pakuranga Heights
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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 12.36pm pm
in relation to the objection to proposed wastewater works at 51 Beechdale
Crescent, Pakuranga Heights.
Council staff addressed the
committee and outlined the proposed wastewater works and responded to
questions. The council has determined that the works constitute necessary public
wastewater 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 wastewater works at 51
Beechdale Crescent, Pakuranga Heights.
The meeting adjourned at 1.16pm
and reconvened at 1.26pm.
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 1.32 pm.
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Attachments
a 15 July 2025, Regulatory and Safety Committee, Item 11:
Objection to wastewater works at 51 Beechdale Crescent, Pakuranga Heights -
presentation
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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) - 15 July 2025
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Resolution
number RSCCC/2025/38
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the Summary of Regulatory and Safety Committee information
memoranda, workshops and briefings – 15 July 2025.
b) tuhi
tīpoka / note the progress on the Forward Work Programme appended as
Attachment A of the agenda report.
CARRIED
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14 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/2025/39
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:
10 Objection to
stormwater works at 18D MacMurray Road, Remuera
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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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11 Objection to
wastewater works at 51 Beechdale Crescent, Pakuranga Heights
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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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1.33 pm The public was excluded.
1.46 pm The public was re-admitted.
RESTATEMENTS:
It was resolved while the public was excluded:
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10
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Objection to stormwater works at 18D MacMurray Road, Remuera
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Resolution number RSCCC/2025/40
MOVED by Chairperson
J Bartley, seconded by Deputy Chairperson L Fuli:
That
the Regulatory and Safety Committee:
a) kohuki / hear and determine the objections by the owners of 18D MacMurray Road, Remuera
according to clause 1(e) of Schedule 12 of the Local Government Act 2002
b) whakaae / agree to proceed with Option 1: Extend the public network from the manhole in
the driveway of 18 MacMurray Road, through 18D MacMurray, Remuera and according to clause 1(e)(ii) 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 Lee
requested that his abstention be recorded.
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Reasons
The Objectors did not attend the hearing
but provided a written objection and supporting material which has been
considered by the Committee.
The written objection did not address the
legal test in section 181(2) of the Local Government Act 2002 as to whether the
proposed drain is necessary. Auckland Council has issued a resource consent for
the property at 127 and131 Remuera Road with a condition requiring the proposed
development to connect to the public stormwater system and issued engineering
plan approval authorising the proposed connection to the public network. The
Committee considers the drain is necessary to serve the proposed development.
The Objectors raised concerns in their
written objection that the existing public network did not have capacity to
take additional flow, the works would compromise an existing manhole and may
pose contamination or structural risks with the existing wastewater
line. Engineers engaged by Healthy Waters addressed the technical matters
raised and gave evidence that flow issues were addressed by a detention tank
and the risk to existing infrastructure will be managed through the
construction process.
The Objectors also raised concerns
regarding reimbursement of their costs investigating the potential impact of
the proposal and participating in a negotiation process and injurious affection
to their property. However, these are not matters that can be determined
through an objection hearing.
The Committee agrees that option 1 is the
preferred option for the reasons given in the Agenda Report, including that it
does not interfere with existing services or buildings on the Objector’s
property, the route is currently driveway and vacant land, the route is the
most direct route and does not duplicate existing services.
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11
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Objection to wastewater works at 51 Beechdale Crescent,
Pakuranga Heights
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Resolution number RSCCC/2025/41
MOVED by Deputy
Chairperson L Fuli, seconded by Chairperson J Bartley:
That
the Regulatory and Safety Committee:
a) kohuki
/ hear and determine the objection by the owners of 51 Beechdale Crescent, Pakuranga Heights, according to clause 1(e) of Schedule 12 of the Local
Government Act 2002
b) whakaae / agree
to proceed with Option 1, extending the public wastewater network from the public manhole located at 51
Beechdale Crescent, Pakuranga Heights, to 52 Udys Road, Pakuranga Heights, 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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Reasons
The written
objection did not address the legal test in section 181(2) of the Local Government
Act 2002 as to whether the proposed drain is necessary. Auckland Council
has granted resource consent to subdivide the property at 52 Udys Road,
Pakuranga Heights. A condition of the resource consent is that the new
development shall connect to both public wastewater and engineering plan
approval has been granted by Auckland Council for this connection. The
Committee is satisfied that the drain works are necessary to serve this
development.
Option 1 is
considered by the Committee to be the preferred option
as it is the most direct and least disruptive and connects to an
existing manhole 2-3 m inside the Objector’s property.
The objectors
stated at the hearing they prefer and would accept Option 3 as set out in the
Agenda Report. Options are provided in the Agenda Report to show that Council
staff have considered alternatives routes and alignments before issuing a s181
notice for a preferred option. The Committee cannot impose Option 3 through
this hearing process as it involves works on another landowner’s property
that was not the subject of a s181 notice. The Committee notes that option
3 would also result in the wastewater from the proposed development flowing to
the existing manhole on the Objectors’ property which is downstream on
the public network and is also lower lying than the surrounding
properties. Therefore, Option 1 does not increase the risk of flooding or
sewage spills when compared to Option 3.
1.46 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:.......................................................
