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Regulatory and Safety Committee
05 August 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: Claire Teirney, Dog Friends Auckland - Animal Management funding
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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 to the meeting at
10.12am.
Cr M Lee entered
to the meeting at 10.13am.
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Resolution
number RSCCC/2025/45
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the public input address from Claire Teirney on Animal Management
funding; and
b) whakamihi
/ thank Claire for attending the meeting.
CARRIED
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Attachments
a 5 August 2025 Regulatory and Safety Committee, Item 5.1,
Public Input: Claire Teirney, Dog Friends Auckland - Animal Management
funding - presentation slides
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6 Ngā
Kōrero a te Poari ā-Rohe Pātata | Local Board Input
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6.1
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Local
Board Input: Ōrākei Local Board - access to information about
consent application pre-lodgement meetings
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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/2025/46
MOVED by Chairperson
J Bartley, seconded by Houkura Member N Blair:
That
the Regulatory and Safety Committee:
a) whiwhi / receive the public input from
the Ōrākei Local Board regarding access to information about consent
application pre-lodgement meetings.
b) whakamihi / thank Ōrākei Local
Board members Troy Churton and David Wong for attending.
c)
tono / request that staff provide the committee with
the advice currently being prepared for the Ōrakei Local Board for their
consideration.
CARRIED
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7 Ngā Pakihi
Autaia | Extraordinary Business
There was no
extraordinary business.
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8
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Findings
from a review of council's bylaw about waste
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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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Resolution
number RSCCC/2025/47
MOVED by Chairperson
J Bartley, seconded by Cr A Filipaina:
That
the Regulatory and Safety Committee:
a) ohia /
endorse the ‘Auckland Council Waste Management and Minimisation Bylaw
and Controls: 2025 Review Findings Report’ in Attachment A of the agenda
report.
b) whakaae /
agree that:
i) a bylaw
is still the most appropriate way to minimise public nuisance, health and
safety risks and to minimise waste to landfill from the storage and disposal
or discarding of waste and material on premises and in council controlled
public places in Auckland
ii) the Waste Management and Minimisation Bylaw 2019, Waste
Management and Minimisation Bylaw (Collections) Control 2023 and Containers
for Kerbside Collection Control 2013 could be improved.
c) tono / request
that staff as delegated by the Chief Executive prepare an options report and
statement of proposal in response to the findings in Attachment A of the
agenda report.
d) tuhi ā-taipitopito / note the decision in
(a) endorses a separate work programme outside of the scope of the options
report and proposal in (c) to determine whether a bylaw to require site waste management plans is the
most appropriate way to help address problems associated with construction
and demolition waste.
CARRIED
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Attachments
a 5 August 2025 Regulatory and Safety Committee, Item 8:
Findings from a review of council's bylaw about waste - presentation slide
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Note: From
this point forward, agenda items were taken in the following order:
Item
11 Objection
to stormwater works at 36 Kimber Hall Avenue, Mt Roskill
12 Objection
to stormwater works at 2/358 Kohimarama Road, St Heliers
10 Determination
of an objection to a Nuisance Abatement Notice by Mr and Mrs Hartland
9 Determination
of an objection to a dog owner disqualification by Mr Daniel Lockwood
13 Status
Update on Action Decisions from Regulatory and Community Safety Committee 15
July 2025
14 Summary
of Regulatory and Safety Committee information memoranda, workshops, and
briefings (including the Forward Work Programme) – 5 August 2025
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11
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Objection to stormwater works at 36 Kimber Hall Avenue,
Mt Roskill
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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 11.07 am in relation to the
objection to proposed wastewater works at 36 Kimber Hall Avenue, Mt Roskill.
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.
As none of the three
objectors were present they were not able to address the committee and
outline their objections to proposed stormwater works at 36 Kimber Hall
Avenue in support of their written
objections in the agenda report and attachments.
The hearing concluded
at 11.31 am.
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Attachments
a 5 August 2025 Regulatory and Safety Committee,
Item 11: Objection to stormwater works at 36 Kimber Hall Avenue, Mt Roskill -
presentation slides
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12
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Objection to stormwater works at 2/358 Kohimarama Road,
St Heliers
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A PowerPoint
presentation was given and documents were tabled in support of this item. Copies have been placed on the official minutes and are available
on the Auckland Council website as minutes attachments.
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The hearing commenced at 11.31 am in relation to the
objection to proposed wastewater works at 2/358 Kohimarama Road, St Heliers.
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, Wendy and Paul
Lowe, addressed the committee and outlined their objection to proposed
stormwater works at 2/358 Kohimarama Road, St Heliers.
The meeting
adjourned at 12.28 pm and reconvened at 12.43 pm
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 12.51 pm.
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Attachments
a 5 August 2025 Regulatory and Safety Committee,
Item 12: Objection to stormwater works at 2/358 Kohimarama Road, St Heliers -
council presentation slides
b 5 August 2025 Regulatory and Safety Committee,
Item 12: Objection to stormwater works at 2/358 Kohimarama Road, St Heliers -
objectors presentation / images
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The meeting adjourned at 12.52pm and
reconvened at 1.18pm.
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10
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Determination of an objection to a Nuisance Abatement
Notice by Mr and Mrs Hartland
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A document was
tabled in support of the item. A copy has been placed
on the official minutes and is available on the Auckland Council website as
minutes attachment.
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Cr S Stewart retired from the meeting at 1.45 pm.
Cr J Fairey left the
meeting at 2.01pm.
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The hearing
commenced at 1.19 pm in relation to the objection to a Nuisance Abatement
Notice issued
to Mr and Mrs Harland under s55 of the Dog Control Act 1996.
Mrs Cindy Hartland addressed the committee and outlined
their objection to being issued with a Nuisance Abatement Notice and
responded to questions.
Council staff
addressed the committee and outlined the Nuisance Abatement Notice
classification
and responded to questions.
Mrs Cindy Hartland 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 2.07 pm.
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Attachments
a 5 August 2025 Regulatory and Safety Committee, Item 10:
Determination of an objection to a Nuisance Abatement Notice by Mr and Mrs
Hartland - written objection
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Chairperson
Josephine Bartley vacated the chair in favour of the Deputy Chairperson Lotu
Fuli at 2.07.
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9
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Determination
of an objection to a dog owner disqualification by Mr Daniel Lockwood
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Documents
were tabled in support of the item. Copies have been placed on the
confidential minutes attachments and are not publicly available for privacy reasons.
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Cr J Fairey returned to the
meeting at 2.45pm.
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The hearing commenced at 2.07 pm in relation to the
objection to being disqualified as a dog owner.
Mr Lockwood and Brian Robert Francis (neighbour and friend
of Mr Lockwood) addressed the committee and outlined the objection to being
issued with a disqualification of dog owner classification.
Section 25(1)(a) and 25(3) of the DCA provide that a
territorial authority must disqualify a person from being an owner of a dog
for a period not exceeding 5 years if that person commits 3 or more
infringement offences (not relating to a single incident or occasion) against
the DCA within a continuous period of 24 months.
Council staff addressed the committee and outlined the disqualification
of dog owner
classification and responded to questions.
The meeting adjourned at 2.55pm and reconvened at 3.04pm.
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 3.11 pm.
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14
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Summary
of Regulatory and Safety Committee information memoranda, workshops, and
briefings (including the Forward Work Programme) - 5 August 2025
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Resolution
number RSCCC/2025/49
MOVED by Deputy
Chairperson L Fuli, 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 – 5 August 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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15 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/2025/50
MOVED by Cr A Filipaina, 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:
9 Determination
of an objection to a dog owner disqualification by Mr Daniel Lockwood
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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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10 Determination of
an objection to a Nuisance Abatement Notice by Mr and Mrs Hartland
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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
stormwater works at 36 Kimber Hall Avenue, Mt Roskill
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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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12 Objection to
stormwater works at 2/358 Kohimarama Road, St Heliers
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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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3.13 pm The public was excluded.
3.56 pm The public was re-admitted.
RESTATEMENTS:
It was resolved while the public was excluded:
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9
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Determination of an objection to a dog owner
disqualification by Mr Daniel Lockwood
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Resolution
number RSCCC/2025/51
MOVED by Deputy
Chairperson L Fuli, seconded by Cr A Filipaina:
That
the Regulatory and Safety Committee:
a) kohuki
/ hear and determine the outcome of the objection raised
by Mr Daniel Lockwood against his disqualification
to own dogs, and
b) whakaū / uphold the disqualification of Mr Daniel Lockwood for
the period of five years from 26 February 2025 to 25 February 2030
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: Chairperson
Josephine Bartley and Cr Julie Fairey were not present for the hearing so
therefore did not take part in voting.
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Reasons
The Committee
has considerable sympathy for the personal issues Mr Lockwood is dealing with
and accepts that his dogs provide emotional support.
However, the
Committee’s view is that Mr Lockwood must reduce the number of dogs he
has on the property – currently 30 dogs as set out in the Agenda report. The
committee found that the probationary ownership proposal put forward by Mr
Lockwood did not mitigate the concerns that the Animal Management officers
presented to committee for the reasons below.
While Mr
Lockwood has addressed some concerns of Animal Management staff, he has not
addressed all of the issues and further offending has occurred after receiving
a Nuisance Abatement Notice issued by Animal Management. There terms of the
notice have not been complied with. Mr Lockwood’s dog numbers
continue to increase and is a significant cause of his compliance issues.
Without a period of disqualification, it is likely dog numbers will increase
further and it is likely further offending will occur. The Committee is
particularly concerned that some of the 52 infringements issued to Mr Lockwood
relate to attacks on other animals, aggressive behaviour and roaming which pose
a significant risk to people and other animals.
Mr Lockwood
appears to have strong neighbourhood support and is receiving professional
support for his personal issues. However, the Committee considers that the
current situation in terms of numbers of dogs and ongoing compliance issues is
not acceptable and poses a significant risk to the public and other animals
despite the support Mr Lockwood is receiving.
The Committee
notes that Mr Lockwood can object to his disqualification again after 12 months
and that he could apply for a service dog in the future to support his personal
needs.
Reasons
The Committee acknowledges the work
undertaken to date by Mr and Mrs Hartland, at considerable cost, to address
barking issues at their property despite their objection to the Nuisance
Abatement Notice. However, barking complaints continue to be received and not
all of the requirements of the Nuisance Abatement Notice have been implemented
and Animal Management staff are of the view that full implementation would
significantly reduce the level of barking nuisance, given the large number of
dogs (legally) on the property. The Committee agrees with staff that
compliance with the terms of the notice would improve the barking situation on
site.
While the objector gave evidence that
neighbour conflict leading to complaints, the number of dogs and the
willingness of the objections to take steps to address barking issues suggest
that the complaints are not without merit and it is appropriate to uphold the
notice.
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11
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Objection to stormwater works at 36 Kimber Hall Avenue,
Mt Roskill
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Resolution number RSCCC/2025/53
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 36 Kimber Hall Avenue,
36A Kimber Hall Avenue, and 36B Kimber Hall Avenue 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 network from the development site at
34 Kimber Hall Avenue, under the driveway of 36, 36a and 36b Kimber Hall
Avenue, to a new manhole in Marshall Laing School then through to the
existing public network,
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 Committee agree that the drainage works
are necessary and that option 1 is the preferred route as it does not interfere
with or du[plicate existing services, will address localized stormwater issues,
and the works are the most direct and logical option. The works will be
constructed using trenchless methods to avoid damage to the driveway and have
minimal impact on neighbours.
The legal test under s181 is whether the
drainage works are necessary. The objectors’ written objection did
not address the legal test and raised issues that the Committee consider are
not relevant such as the consenting process, damage from works already
occurring, and compensation.
The Committee notes that the objectors
requested a second deferral of the hearing of this matter but this request was
refused. The Committee Chair granted a previous request to defer the hearing
from its July 2025 meeting but considered a further deferral would have delay
and cost implications for the developer and reasonable notice of the August
hearing date was provided. The objectors were also offered the ability to
attend the hearing remotely or provide written submissions in advance of the
hearing.
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12
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Objection to stormwater works at 2/358 Kohimarama Road,
St Heliers
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Resolution number RSCCC/2025/54
MOVED by Deputy
Chairperson L Fuli, seconded by Houkura Member N Blair:
That
the Regulatory and Safety Committee:
a) kohuki
/ hear and determine the objections by the landowners of 2/358
Kohimarama Road 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 network from an existing manhole in 360C Kohimarama Road, up the shared driveway to a new manhole
adjacent to the southeast corner of 2/358 Kohimarama Road and on through the
backyard, 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 M Lee requested that his dissenting vote be
recorded.
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Reasons
The Committee agrees that the drainage
works are necessary and that option 1 is the preferred route as it enables a
gravity disposal does not interfere with or duplicate known existing public
services, avoids existing develop structures on private property and will be
drilled to minimize impact to private property and the route is the most direct
and logical route.
In addition, 7 owners have not objected to
the s181 notice and the proposed works will enable existing stormwater issues
on the shared driveway to be addressed.
While option 2 is also a viable option, it
is a longer route and involves nearly twice as many occupiers/owners. It
is not uncommon for there to be two or more viable options. However, the
Committee is not able to approve an option that has not been the subject of a
s181 notice and hearing process. The Committee is satisfied that the
drainage works are necessary and that Option 1 is the preferred option.
3.56 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:.......................................................
