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Regulatory and Safety Committee
02 September 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: Dr Julie Chambers, Tāmaki Estuary Protection Society - Asbestos
Containing Material Debris contamination in the Coastal Marine Area and a
proposal for community collaboration to reduce council cost
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Cr J
Fairey returned to the meeting at 10.02am.
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Dr Julie
Chambers, Tāmaki Estuary Protection Society, addressed the committee
regarding asbestos Containing Material Debris contamination in the Coastal
Marine Area and a proposal for community collaboration to reduce council cost.
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Resolution
number RSCCC/2025/58
MOVED by Chairperson
J Bartley, seconded by Deputy Chairperson L Fuli:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the public input address from Dr Julie Chambers and Chris Millward
and whakamihi / thank them for attending the meeting.
CARRIED
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5.2
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Public
Input: WAI ORA TĀMAKI MAKAURAU - Auckland’s Water Safety and
Drowning Prevention Collective - Navigation Safety Bylaw Review
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Nicola Keen-Biggelaar from
Drowning Prevention Auckland, Jonny Bannister from Coastguard and Gavin
Walker from Water Safety New Zealand addressed the committee regarding the Navigation
Safety Bylaw Review.
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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/2025/59
MOVED by Chairperson
J Bartley, seconded by Deputy Chairperson L Fuli:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the public input address from Nicola Keen-Biggelaar, Jonny
Bannister and Gavin Walker, and whakamihi / thank them for attending the
meeting.
CARRIED
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Attachments
a 2 September 2025, Regulatory and Safety Committee, Item
5.1, Public Input: WAI ORA TĀMAKI MAKAURAU - Auckland’s Water
Safety and Drowning Prevention Collective - Navigation Safety Bylaw Review - presentation
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5.3
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Public
Input: Ben Spick, Professional Dog Walkers Association - Conditions for
walking multiple dogs under the amended Dog Management Bylaw
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Ben Spick, Professional
Dog Walkers Association, addressed the committee regarding conditions for
walking multiple dogs under the amended Dog Management Bylaw
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Resolution
number RSCCC/2025/60
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the public input address from Ben Spick and whakamihi / thank him
for attending the meeting.
CARRIED
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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 - Manurewa Local Board -
Influx of large canisters of nitrous oxide being sold and used recreationally
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Matt Winiata,
chair of the Manurewa Local Board, addressed the committee.
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Note: changes were made to the original
recommendation, adding new clause b), as a Chair’s recommendation.
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Resolution number RSCCC/2025/61
MOVED by Chairperson J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive Manurewa Local Board input regarding the influx of large canisters of nitrous oxide being sold
and used recreationally and whakamihi
/ thank Matt Winiata for attending the meeting.
b) tono / request that staff report back on
options for increased advocacy and regulation of recreational use of nitrous
oxide, including large novel cannisters.
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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Review
Findings and Options for the Navigation Bylaw 2021
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Note: changes
were made to the original recommendation, amending clause c), as a
Chair’s recommendation.
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Resolution
number RSCCC/2025/62
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) ohia
/ endorse the ‘Auckland Council Navigation Bylaw 2021 and Controls:
2025 Review Findings Report’ in Attachment A of the agenda report.
b) whakaae / agree that the statutory review of the Auckland Council Ture ā-Rohe Urungi Āhuru 2021
| Navigation Bylaw 2021 is
complete, including that:
i) a bylaw is still the most
appropriate way to minimise risk of fatalities,
injuries, nuisance, accidents, collisions and damage on Auckland’s
navigable waters
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 associated Bylaw
Control could be improved to
further minimise risks and ensure effective and efficient management of
vessels.
c) whakaae
/ agree that Option 2: Amend the
Navigation Bylaw 2021 in Attachment A of the agenda report is the preferred
option to respond to the statutory findings on Auckland’s navigable
waters, in particular to require mandatory wearing of personal flotation
devices on small vessels to further minimise risk of fatalities.
d) tono / request, through the Chief Executive to the
manager responsible for bylaws, that staff prepare a Statement of Proposal as
detailed in Attachment A of the agenda report for Option 2: Amend the
Navigation Bylaw 2021.
CARRIED
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The meeting adjourned at 11.25am and
reconvened at 11.29am.
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9
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Terms
and conditions to walk more than four dogs
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Resolution
number RSCCC/2025/63
MOVED by Chairperson
J Bartley, seconded by Houkura Member E Ashby:
That
the Regulatory and Safety Committee:
a) whai / adopt the amended Auckland Council Dog Management Bylaw
(Multiple Dogs in Council-Controlled Public Places) Control 2025 in
Attachment C of the agenda report, with effect on the same date as clause 9A
of the Auckland Council Ture a Rohe Tiakina Kurī | Dog Management Bylaw
2019.
b) tāpae / delegate authority through the Chief
Executive to the manager responsible for bylaws to make editorial changes or
to correct errors or omissions to the Control in Attachment C of the agenda
report.
CARRIED
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10
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Animal
Management Annual Report 2024-2025
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A PowerPoint
presentation was given and a document was tabled in support of the item.
Copies have been placed on the official minutes and
are available on the Auckland Council website as minutes attachments.
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Note: changes
were made to the original recommendation, adding new clause b), as a
Chair’s recommendation.
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Resolution
number RSCCC/2025/64
MOVED by Chairperson
J Bartley, seconded by Cr K Leoni:
That
the Regulatory and Safety Committee:
a) whiwhi
/ receive the Animal Management Annual Report 2024-2025
b) tūtohu / recommend that staff explore
extra funding options for additional animal management initiatives with a
particular focus on desexing and report to the Budget or relevant committee
for consideration through the next Annual or Long-term Plan.
CARRIED
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Attachments
a 2 September 2025, Regulatory and Safety Committee, Item
10: Animal Management Annual Report 2024-2025 - presentation
b 2 September 2025, Regulatory and Safety Committee, Item
10: Animal Management Annual Report 2024-2025 - tabled document
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11
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Community
safety activity update
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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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Note: changes
were made to the original recommendation, adding new clause b), as a
Chair’s recommendation.
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Resolution
number RSCCC/2025/65
MOVED by Chairperson
J Bartley, seconded by Deputy Chairperson L Fuli:
That
the Regulatory and Safety Committee:
a) whiwhi / receive the update relating to
Auckland Council’s community safety activities
b) tūtohu / recommend that staff explore
extra funding options for central compliance wardens and report to the Budget
or relevant committee for consideration through the next Annual Plan.
CARRIED
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Attachments
a 2 September 2025, Regulatory and Safety Committee, Item
11: Community safety activity update - presentation
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12
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Graffiti
Vandalism Prevention Regional Programme
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A PowerPoint
presentation was given and a document was tabled in support of the item. The
PowerPoint been placed on the official agenda and is
available on the Auckland Council website as an agenda attachment, the
updated slide that was tabled is attached to the minutes and is available on
the Auckland Council website as a minutes attachment.
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Resolution
number RSCCC/2025/66
MOVED by Chairperson
J Bartley, seconded by Houkura Member E Ashby:
That
the Regulatory and Safety Committee:
a) whiwhi / receive the Graffiti Vandalism
Prevention Programme presentation – Attachment A to this agenda report.
CARRIED
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Attachments
a 2 September 2025, Regulatory and Safety Committee, Item
12: Graffiti Vandalism Prevention Regional Programme - tabled document
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Cr K Leoni left the meeting at 12.55pm.
The meeting adjourned at 12.55pm and
reconvened at 1.24pm
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Public Excluded
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Resolution
number RSCCC/2025/68
MOVED by Chairperson J Bartley, seconded by Cr
S Stewart:
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:
C1 CONFIDENTIAL:
Recommendation for the appointment of interim Water Services Commissioners
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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.
In
particular, the report contains personal information about candidates for
interim Water Services Commissioners.
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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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13
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Determination
of an objection to a dog owner disqualification by Mr Shalvin Hansen
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The hearing commenced at 1.45 pm in relation to the
objection to being disqualified as a dog owner.
Mr Shalvin Hansen was not
present to addressed the committee in relation to his 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 objector was unable to be
given the opportunity to reply to the matters raised by the council staff as
they did not attend the hearing.
The hearing concluded at 1.51 pm.
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14
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Determination
of an objection to a dog owner disqualification by Ms Tepaongarangi Clarke
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The hearing commenced at 1.51 pm in relation to the
objection to being disqualified as a dog owner.
Ms Clarke was not present to address
the committee and outline 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 objector was unable to be
given the opportunity to reply to the matters raised by the council staff as
they did not attend the hearing.
The hearing
concluded at 1.56 pm.
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16
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Summary
of Regulatory and Safety Committee information memoranda, workshops, and
briefings (including the Forward Work Programme) - 2 September 2025
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Resolution
number RSCCC/2025/72
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 – 2 September 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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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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18 Te Mōtini ā-Tukanga hei Kaupare i
te Marea | Procedural
motion to exclude the public
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Resolution
number RSCCC/2025/73
MOVED by Chairperson J Bartley, seconded by
Houkura Member E Ashby:
That the Regulatory and Safety Committee:
a) whakaae
/ agree to 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 Shalvin Hansen
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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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14 Determination of an objection to a dog owner
disqualification by Ms Tepaongarangi Clarke
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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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1.57pm 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.
2.05pm The
public was re-admitted.
restatementS
It was resolved
while the public was excluded:
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13
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Determination of an objection to a dog owner
disqualification by Mr Shalvin Hansen
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Resolution number RSCCC/2025/74
MOVED
by Chairperson J Bartley, seconded by Cr J Fairey:
That
the Regulatory and Safety Committee:
a) kohuki
/ hear and determine the outcome of the objection raised
by Mr Shalvin Hansen against his disqualification to own
dogs.
b) whakaū /
uphold the disqualification of Mr Shalvin Hansen to own dogs for the period
of three years from 23 March 2024 to 23 March 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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Reasons
The Committee is satisfied on the evidence
provided to it that Mr Hansen is not a suitable person to own a dog. Mr Hansen
has been infringed on 14 separate occasions from 4 October 2023 to 1 January
2025 as his dog continues to escape the property and act aggressively toward
people while roaming. Mr Hansen states that he has “taken steps”
but has failed to list those steps. As he has failed to appear and speak to his
report, the committee does not know what steps Mr Hansen has taken. The committee
cannot be satisfied that the steps taken are sufficient to warrant termination
of the disqualification given his history of non-compliance with the Dog
Control Act 1996.
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14
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Determination of an objection to a dog owner
disqualification by Ms Tepaongarangi Clarke
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Resolution number RSCCC/2025/75
MOVED
by Chairperson J Bartley, seconded by Houkura Member E Ashby:
That
the Regulatory and Safety Committee:
a) kohuki
/ hear and determine the outcome of the objection raised by Ms Tepaongarangi
Clarke against her disqualification to own dogs
b) whakaū /
uphold the disqualification of Ms Tepaongarangi Clarke to own dogs for the
period of three years from 23 March 2024 to 23 March 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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Reasons
The Committee is satisfied on the evidence
provided to it that Ms Clarke is not a suitable person to own a dog. Ms Clarke
has been infringed on 28 separate occasions from 24 May 2023 to 1 January 2025
as her dogs continued to escape the property and act aggressively toward people
while roaming. Animal Management state that they worked with Ms Clarke to try
make her property secure and to educate her on her responsibilities as a dog
owner. Ms Clarke continued to breach her obligations despite being issued with
infringement notices and her dogs being impounded. Classifying Ms Clarke as a
probationary owner did not cause her to modify her behaviour. Given Ms Clarkes
knowledge of her obligations as a dog owner and her history of non-compliance
with the Dog Control Act 1996, the Committee was not satisfied that the
disqualification should be terminated.
2.05 pm The
chairperson thanked members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD BY THE CHIEF
EXECUTIVE UNDER STANDING ORDER 8.1.4 ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
CHIEF EXECUTIVE
OR NOMINEE:…………………………………………..
