OPEN MINUTES Komiti Whakahaere ā-Ture / Regulatory Committee - Tuesday, August 17, 2021
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Komiti Whakahaere ā-Ture /
Regulatory Committee
OPEN MINUTES
Minutes of a meeting of the Regulatory Committee held in the Reception Lounge, Auckland Town
Hall, 301 Queen Street, Auckland on 17 August 2021 at 10.02am.
PRESENT
Chairperson Cr Linda Cooper, JP
Deputy Chairperson Cr Josephine Bartley From 10.25am, Item 9
Members Cr Dr Cathy Casey
Cr Fa’anana Efeso Collins
Cr Shane Henderson
Cr Daniel Newman, JP From 10.21am, Item 9
Cr Sharon Stewart, QSM
IMSB Chair David Taipari Until 11.17am, Item 13
IMSB Member Glenn Wilcox
Cr Paul Young
ABSENT
Ex-officio Deputy Mayor Cr Bill Cashmore
Ex-officio Mayor Hon Phil Goff, CNZM, JPRegulatory Committee
17 August 2021
1 Apologies
Resolution number REG/2021/47
MOVED by Cr L Cooper, seconded by Cr P Young:
That the Regulatory Committee:
a) accept the apologies from:
Absence
Deputy Mayor Cr B Cashmore – on council business
Mayor P Goff – on council business
Early departure
IMSB Chair D Taipari – on council business
Lateness
Cr J Bartley
CARRIED
2 Declaration of Interest
There were no declarations of interest.
3 Confirmation of Minutes
Resolution number REG/2021/48
MOVED by Cr L Cooper, seconded by Cr C Casey:
That the Regulatory Committee:
a) confirm the ordinary minutes of its meeting, held on Tuesday, 6 July 2021,
including the confidential section, as a true and correct record.
CARRIED
4 Petitions
There were no petitions.
5 Public Input
There was no public input.
Minutes Page 3Regulatory Committee
17 August 2021
6 Local Board Input
There was no local board input.
7 Extraordinary Business
There was no extraordinary business.
8 Proposal to amend the Stormwater Bylaw 2015
Note: changes to the original motion, amending clause f) and removing clause c), were
made with the agreement of the meeting,.
Resolution number REG/2021/49
MOVED by Cr L Cooper, seconded by IMSB Chair D Taipari:
That the Regulatory Committee:
a) note that this committee completed the review of the Stormwater Bylaw 2015 in
July 2020 and determined that a bylaw is still the most appropriate way to
address issues related to public stormwater networks and private stormwater
systems.
b) recommend the Governing Body adopt the Statement of Proposal to amend the
Stormwater Bylaw 2015 in Attachment A of this agenda report for public
consultation.
c) recommend the Governing Body forward to local boards this agenda report and
Attachment A for their information.
d) recommend the Governing Body delegate authority through the Chief Executive
to a manager responsible for Healthy Waters to make any amendments to the
Proposal in Attachment A to correct errors, omissions or to reflect decisions
made by the Regulatory Committee or the Governing Body.
e) appoint a chair and two bylaw panel members selected from the Governing
Body and the Independent Māori Statutory Board: Cr L Cooper, Cr D Newman,
and IMSB Member G Wilcox, to attend ‘Have Your Say’ events to deliberate and
make recommendations to the Governing Body on public feedback to the
Statement of Proposal in Attachment A of the agenda report.
f) delegate authority to the Regulatory Committee chairperson to make
replacement appointments to the Bylaw Panel if a panel member is unavailable.
g) delegate authority through the Chief Executive of Auckland Council to a
manager responsible for Healthy Waters to appoint staff to receive public
feedback at ‘Have Your Say’ events.
CARRIED
Minutes Page 4Regulatory Committee
17 August 2021
9 Property Maintenance and Nuisance Bylaw 2015 review options report
Cr D Newman joined the meeting at 10.21am.
Cr J Bartley joined the meeting at 10.25am.
Resolution number REG/2021/50
MOVED by Cr C Casey, seconded by Cr D Newman:
That the Regulatory Committee:
a) agree that option two: amend Bylaw is the most appropriate option to respond
to the statutory review findings on Te Ture ā-rohe Tiaki Rawa me Ngā Mahi
Whakapōrearea 2015 / Property Maintenance and Nuisance Bylaw 2015.
b) request that staff as delegated by the Chief Executive prepare a Statement of
Proposal that amends the Bylaw in (a) as detailed in Attachment A of the
agenda report.
CARRIED
10 Proposal to make a new bylaw about signs
Note: changes to the original motion, amending clause f) and removing clause c), were
made with the agreement of the meeting.
Resolution number REG/2021/51
MOVED by Member G Wilcox, seconded by Cr J Bartley:
That the Regulatory Committee:
a) note that this committee completed the review of the Signage Bylaw 2015 in
June 2020 and determined that a bylaw is still the most appropriate way to
manage most signs in Auckland.
b) recommend the Governing Body adopt the Statement of Proposal in Attachment
A of this agenda report for public consultation, and confirm that the proposed
new Auckland Council and Auckland Transport Te Ture ā-Rohe mo nga Tohu
2022 / Signs Bylaw 2022 and associated controls:
i) are the most appropriate form of bylaw and controls
ii) do not give rise to any implications under, and are not inconsistent with,
the New Zealand Bill of Rights Act 1990
iii) are not inconsistent with other Acts, regulations, rules, codes, or bylaws.
c) recommend the Governing Body forward to local boards this agenda report and
attachments for their information.
d) recommend the Governing Body 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, omissions
or to reflect decisions made by the Regulatory Committee or the Governing
Body.
e) appoint a chair and four Bylaw Panel members selected from the Governing
Body and the Independent Māori Statutory Board, Cr L Cooper, Cr S Henderson,
Cr J Bartley, Cr E Collins, and IMSB Member G Wilcox, to a joint Bylaw Panel
with Auckland Transport, to attend ‘Have Your Say’ events and to deliberate and
make recommendations to the Governing Body and the Board of Auckland
Transport on public feedback to the Statement of Proposal in Attachment A of
this agenda report.
Minutes Page 5Regulatory Committee
17 August 2021
f) recommend that if at any time Auckland Transport decides not to proceed with
a joint bylaw the Governing Body delegates authority to the Regulatory
Committee chairperson and a manager responsible for bylaws to:
i) amend the Statement of Proposal in Attachment A to remove clauses that
apply on the Auckland transport system for transport-related purposes
and all clauses related to the Auckland Transport Election Signs Bylaw
2013; and
ii) make amendments to the Bylaw Panel such that it will be an Auckland
Council only panel, rather than a joint Bylaw Panel with Auckland
Transport, and will only need to report to the Governing Body and not the
Board of Auckland Transport.
g) delegate authority to the Regulatory Committee chairperson to make
replacement appointments to the Bylaw Panel if a panel member is unavailable.
h) 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 insert or replace diagrams and pictures, correct
errors, omissions or to reflect decisions made by the Regulatory
Committee.
CARRIED
11 Resource Consents Appeals: Status Report 17 August 2021
Resolution number REG/2021/52
MOVED by Cr L Cooper, seconded by Cr E Collins:
That the Regulatory Committee:
a) receive the Resource Consents Appeals: Status Report 17 August 2021.
CARRIED
12 Review of the Forward Work Programme - Regulatory Committee
Resolution number REG/2021/53
MOVED by IMSB Chair D Taipari, seconded by Cr S Stewart:
That the Regulatory Committee:
a) receive and review the progress on the 2021 forward work programme as
appended in Attachment A of the agenda report.
b) approve the forward work programme as agreed to at the meeting.
c) review the work programme prior to the end of March 2022.
CARRIED
Minutes Page 6Regulatory Committee
17 August 2021
13 Summary of Regulatory Committee Information - updates, memos and briefings - 17
August 2021
Resolution number REG/2021/54
MOVED by Cr L Cooper, seconded by Cr E Collins:
That the Regulatory Committee:
a) receive the Summary of Regulatory Committee information memoranda and
briefings – 17 August 2021.
CARRIED
The meeting adjourned at 11.17am and reconvened at 11.23am.
IMSB Chair D Taipari was not present.
14 Objection to stormwater works at 9 Tawa Crescent, Manurewa
The hearing commenced 11.23am in relation to the objection by the owner and occupiers of
9 Tawa Crescent, Manurewa, pursuant to section 181 and clause 1(e) of Schedule 12 of the
Local Government Act 2002.
Leigh Steckler, Auckland Council’s Healthy Waters Specialist, and Carl Hewison, Auckland
Council’s Principal, Healthy Waters, (the applicant) provided an overview of the application,
addressed the committee in support, provided a PowerPoint presentation, and responded to
questions from the committee.
The owner, 9 Tawa Crescent, Manurewa, and the occupiers, 9 Tawa Crescent, Manurewa
were not in attendance.
The hearing concluded at 11.44am.
Attachments
A 17 August 2021, Regulatory Committee, Item 14 - Objection to stormwater works at 9
Tawa Crescent, Manurewa - PowerPoint presentation
Public Excluded
Resolution number REG/2021/55
MOVED by Cr L Cooper, seconded by Cr E Collins:
That the Regulatory 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:
Minutes Page 7Regulatory Committee
17 August 2021
14 Objection to stormwater works at 9 Tawa Crescent, Manurewa
Reason for passing this Particular interest(s) protected Ground(s) under section 48(1)
resolution in relation to each (where applicable) for the passing of this
matter resolution
The public conduct of the part s7(2)(i) - The withholding of the s48(1)(a)
of the meeting would be likely information is necessary to The public conduct of the part
to result in the disclosure of enable the local authority to of the meeting would be likely
information for which good carry on, without prejudice or to result in the disclosure of
reason for withholding exists disadvantage, negotiations information for which good
under section 7. (including commercial and reason for withholding exists
industrial negotiations). under section 7.
In particular, the deliberations
of the decision could
compromise the council in
undertaking without prejudice
negotiations of this objection
pursuant to Section 181 of the
Local Government Act 2002.
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
11.44am The public was excluded.
Resolutions in relation to the confidential items are recorded in the confidential section of these
minutes and will be publicly available in the open minutes.
12.05pm The public was re-admitted.
RESTATEMENTS
It was resolved while the public was excluded:
Objection to stormwater works at 9 Tawa Crescent, Manurewa
Resolution number REG/2021/56
MOVED by Cr D Newman, seconded by Cr E Collins:
That the Regulatory Committee:
a) hear and determine the objections by the landowner and occupants of 9 Tawa Crescent
according to clause 1(e) of Schedule 12 of the Local Government Act 2002.
b) resolve that the council will proceed with the extension of the public wastewater and
stormwater networks from 9 Tawa Crescent to 11 Tawa Crescent (as shown in Attachment A
to the agenda report), according to clause 1(e) of Schedule 12 of the Local Government Act
2002.
c) agree that the matter remain confidential until the conclusion of the hearing and then be
restated in the open minutes.
Minutes Page 8Regulatory Committee
17 August 2021
Reason for decision
A written objection to the works was provided by the legal owner of 9 Tawa Crescent after the 1
month objection period following notice of the proposed works. Healthy Waters have waived the 1
month objection period and requested the Regulatory Committee hear the late objection.
The Regulatory Committee has resolved to hear the objection. Neither the owner or occupiers
attended the hearing and no further information was provided to support any objection to the works
and the hearing went ahead in their absence.
The Regulatory Committee considers that proposed option 1 to extend the public network from 9
Tawa Crescent to 11 Tawa Crescent is necessary to enable the consented development at 11
Tawa Crescent to proceed and to achieve compliance with the Council’s Stormwater Code of
Practice. Option 1 is the most direct and least expensive option, results in only minor disruption to
the owners and occupiers of 9 Tawa Crescent, and has a low construction risk and good future
access for maintenance and capacity for future third party connections to the public network.
The alternative options are not considered suitable or are less suitable than option 1. An extension
to a road outfall would be longer, more expensive and would require pumping which is not a
preferred option for the public network under Council’s Stormwater Code of Practice. The option to
extend the network across 1/7 and 9 Tawa Crescent is less direct, more expensive and has a
higher construction risk and disruption to two properties and is considered less suitable than option
1.
15 Consideration of Extraordinary Items
There was no consideration of extraordinary items.
12.05pm 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 COMMITTEE
HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................
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