Komiti Whakahaere ā-Ture /
Regulatory Committee
OPEN MINUTES
Minutes of a meeting of the Regulatory Committee held in the Room 1, Level 26, 135 Albert St,
Auckland on Thursday, 8 November 2018 at 9:31am.
PRESENT
Chairperson
Cr Linda Cooper, JP
Deputy Chairperson
Deputy Mayor Bill Cashmore
Until 12.15pm, Item C1
Members
Cr Josephine Bartley
Cr Richard Hills
Cr Daniel Newman, JP
Cr Sharon Stewart, QSM
IMSB Chair David Taipari
From 9.48am, Item 8
Cr Wayne Walker
Cr John Watson
From 9.49am, Item 8
ABSENT
Cr Efeso Collins
Ex-officio
Mayor Hon Phil Goff, CNZM, JP
IMSB Member Glenn Wilcox
ALSO PRESENT
Angela Fulljames – Chair, Franklin Local Board
Beth Houlbrooke – Chair, Rodney Local Board
Regulatory Committee 08 November 2018
1
Apologies
1
Apologies
Resolution number REG/2018/75
MOVED by Chairperson L Cooper, seconded by Cr R Hills:
That the Regulatory Committee:
a)
accept the apologies from IMSB Member G Wilcox for absence, Mayor P Goff
and Cr E Collins for absence on council business, IMSB Chair D Taipari for
lateness, and Deputy Mayor B Cashmore for early departure.
CARRIED
2
Declaration of Interest
2
Declaration of Interest
There were no declarations of interest.
3
Confirmation of Minutes
3
Confirmation of Minutes
Resolution number REG/2018/76
MOVED by Deputy Chairperson BC Cashmore, seconded by Chairperson L Cooper:
That the Regulatory Committee:
a)
confirm the ordinary minutes of its meeting, held on Thursday, 4 October 2018,
as a true and correct record.
CARRIED
4
Petitions
4
Petitions
There were no petitions.
5
Public Input
5
Public Input
There was no public input.
6
Local Board Input
6
Local Board Input
There was no local board input.
7
Extraordinary Business
7
Extraordinary Business
There was no extraordinary business.
Minutes
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Regulatory Committee 08 November 2018
8. Freedom Camping in Vehicles Statement of Proposal
8
Freedom Camping in Vehicles Statement of Proposal
IMSB Chair D Taipari entered the meeting at 9.48am
Cr J Watson entered the meeting at 9.49am
Resolution number REG/2018/77
MOVED by Chairperson L Cooper, seconded by IMSB Chair D Taipari:
That the Regulatory Committee:
a)
recommend that the Governing Body adopt the statement of proposal in
Attachment A of the agenda report for public consultation and confirm that the
draft bylaw:
i)
is necessary to protect the area, protect the health and safety of people
who may visit the area and/or to protect access to the area
ii)
is the most appropriate and proportionate way of addressing the
perceived problem in relation to the area
iii)
is not inconsistent with the New Zealand Bill of Rights Act 1990.
b)
recommend that the Governing Body forward to local boards and advisory
panels:
i)
the statement of proposal in Attachment A of the agenda report for their
views
ii)
this agenda report and attachments for their information.
c)
appoint a minimum of three panel members, Cr Cooper, Cr Hulse and one
Independent Maori Statutory Board member to:
i)
attend ‘Have Your Say’ events to hear from the public through spoken
interaction
ii)
receive and consider public feedback, deliberate and make
recommendations to the Governing Body on public feedback to the
statement of proposal in Attachment A of the agenda report.
d)
delegate authority to the chair of the Regulatory Committee to make
replacement appointments to the panel if a member of the panel is unavailable.
e)
delegate to staff approved by a manager responsible for bylaws the
responsibility to hear from the public through spoken interaction at the ‘Have
Your Say’ events.
f)
delegate authority to a manager responsible for bylaws to make any
amendments to the statement of proposal in Attachment A of the agenda report
to correct errors, omissions or to reflect decisions made by the Regulatory
Committee or the Governing Body.
CARRIED
Note: Pursuant to Standing Order 1.8.6, the following councillors requested that their
dissenting votes be recorded:
• Cr J Bartley
• Cr D Newman
• Cr S Stewart
Minutes
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Regulatory Committee 08 November 2018
9. Seeking direction on Auckland Council’s Policy on Dogs 2012 and Dog Management Bylaw 2012
9
Seeking direction on Auckland Council’s Policy on Dogs 2012 and Dog Management
Bylaw 2012
Resolution number REG/2018/78
MOVED by IMSB Chair D Taipari, seconded by Deputy Chairperson BC Cashmore:
That the Regulatory Committee:
a)
agree that the council has completed its statutory review of the Auckland
Council Policy on Dogs 2012 and Dog Management Bylaw 2012
b)
agree that option two: amend the Policy and Bylaw is the preferred option to
better manage dogs in Auckland
c)
request a statement of proposal that amends the Auckland Council Policy on
Dogs 2012 and Dog Management Bylaw 2012 as detailed in Attachment A for
Option two: amend the policy and bylaw.
d)
provide the Regulatory Committee an update of how local boards have used
their delegated decision making for local dog access rules.
CARRIED
Note: Pursuant to Standing Order 1.8.6 the following councillors requested that their
dissenting votes be recorded:
• Cr W Walker
• Cr J Watson
10. Review of dog access rules in Auckland's Regional Parks
10
Review of dog access rules in Auckland's Regional Parks
A PowerPoint presentation was provided in support of the item. A copy has been placed on
the official minutes and is available on the Auckland Council website as minutes
attachments.
Resolution number REG/2018/79
MOVED by IMSB Chair D Taipari, seconded by Deputy Chairperson BC Cashmore:
That the Regulatory Committee:
a) request a statement of proposal that amends the Schedule of access rules in the
Auckland Council Policy on Dogs 2012 that will give effect to the following:
i)
a standard time and season definition of 10am to 7pm, from the Saturday of
Labour Weekend to 31 March, in the following regional parks:
•
Shakespear Regional Park
•
Long Bay Regional Park
•
Mahurangi Regional Park
ii)
a standard lambing season rule to prohibit dogs from 1 July to 1 December,
in the following regional parks:
•
Hunua Ranges Regional Park
•
Ōmana Regional Park
•
Mahurangi Regional Park
•
Tāpapakanga Regional Park
•
Te Rau Puriri Regional Park
•
Waitawa Regional Park
•
Wenderholm Regional Park
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Regulatory Committee 08 November 2018
iii)
apply dog access rules that protect wildlife in:
•
Glenfern Sanctuary Regional Park to prohibit dogs from the park.
•
Long Bay Regional Park to prohibit dogs north of Vaughan Stream, and
that an additional designated dog exercise area be identified in the park
land behind the beach.
•
Mahurangi Regional Park to allow dogs under control on leash on Mita
Bay loop track and prohibited from Cudlip loop track, and that a dog
friendly campground be created.
•
Muriwai Regional Park to prohibit dogs south of the surf tower to protect
the gannet colony and that dogs to be allowed under control off leash
north of the surf tower.
•
Whatipu Regional Park to prohibit dogs from Don Mclean Road onwards,
for the protection of the scientific reserve.
CARRIED
Note: Pursuant to Standing Order 1.8.6 the following councillors requested that their
dissenting votes against a)(1) be recorded:
• Cr W Walker
• Cr J Watson
Attachments
A
11 November 2018 Item 10: Review of dog access rules in Auckland's Regional Parks
presentation
11. Regulatory Management of Earthquake-Prone Buildings - October 2018 Operational Update
11
Regulatory Management of Earthquake-Prone Buildings - October 2018 Operational
Update
Resolution number REG/2018/80
MOVED by IMSB Chair D Taipari, seconded by Chairperson L Cooper:
That the Regulatory Committee:
a)
receive the Regulatory Management of Earthquake Prone Buildings – October
2018 report.
CARRIED
12. Request to Appoint Independant Hearing Commissioners for Plan Change 13 - Open Space, to the Auckland Unitary Plan (Operative in Part)
12
Request to Appoint Independant Hearing Commissioners for Plan Change 13 - Open
Space, to the Auckland Unitary Plan (Operative in Part)
Resolution number REG/2018/81
MOVED by IMSB Chair D Taipari, seconded by Cr R Hills:
That the Regulatory Committee:
a)
Appoint independent commissioners Janine Bell, William Kapea and David
Mead to hear submissions on Plan Change 13 to the Auckland Unitary Plan
(Operative in Part), including an independent commissioner with an
understanding of tikanga Maori;
b)
Delegate to the independent commissioners appointed in a), the authority to
make decisions on the Plan Change;
c)
Delegate to the chair of the Regulatory Committee the authority to make
replacement appointments if necessary.
CARRIED
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Regulatory Committee 08 November 2018
13. Regulatory Committee Summary of Information Items 8 November 2018
13
Regulatory Committee Summary of Information Items 8 November 2018
Resolution number REG/2018/82
MOVED by Cr R Hills, seconded by Deputy Chairperson BC Cashmore:
That the Regulatory Committee:
a)
receive the Regulatory Committee Summary of Information Items 8 November
2018 report
CARRIED
The meeting adjourned at 11.07am and reconvned at 11.14 am.
Cr R Hill and Cr J Watson were not present.
14. Objection Against a Menacing Dog Classification - Lukah
14
Objection Against a Menacing Dog Classification - Lukah
Cr J Watson returned to the meeting at 11.15am
Cr R Hills returned to the meeting at 11.17am
The hearing commenced at 11.14am in relation to the objection by Mr S Nahu to the
menacing dog classification against his dog Lukah.
Mr Nahu tabled a photo of Lukah as a puppy and spoke in support of his objection outlining
the reasons for his objection to the classification. Mr Nahu stated under Section 33D
subsection 3 of the Dog Control Act 1996 that the committee could overturn the decision.
He also feels the dog is too old to be neutered. Mr Nahu responded to questions from the
committee.
Staff were also in attendance and addressed the committee in support of the menacing dog
classification. Staff advised that the classification is by breed not deed and that Mr Nahu
needs to provide evidence that the dog does not fit the menacing breed type. Staff
responded to questions from the committee.
Mr S Nahu responded and spoke to the assessment process, quoting an article from the
New Zealand Veterinary Association that called for a review of the classification system for
assessing menacing dogs. Mr Nahu thanked the committee for hearing his objection.
The Chairperson thanked Mr Nahu and council staff for their attendance, advised that the
committee would now go into confidential to deliberate their decision.
Attachments
A
8 November 2018 - Regulatory Committee item 14 Objection Against a Menacing Dog
Classification - Lukah, photo of Lukah as a puppy
15
Consideration of Extraordinary Items
15
Consideration of Extraordinary Items
There were no extraordinary items for consideration.
Minutes
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Regulatory Committee 08 November 2018
Public Excluded
16
Procedural motion to exclude the public
Resolution number REG/2018/83
MOVED by Chairperson L Cooper, seconded by Deputy Chairperson BC Cashmore:
That the Regulatory Committee:
a)
exclude the public from the following part(s) of the proceedings of this meeting.
b)
agree that Mike Moodie, Principal Solicitor Auckland Council be permitted to remain
for Confidential Item 14: Objection against a menacing dog classification – Lukah,
after the public has been excluded, because of his knowledge of regulatory and
compliance processes, which will help the Regulatory Committee in its decision-
making.
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
Deliberations on objection against a Menacing Dog Classification - Lukah
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 resolution
matter
The public conduct of the part of
s7(2)(i) - The withholding of the
s48(1)(a)
the meeting would be likely to
information is necessary to
The public conduct of the part of
result in the disclosure of
enable the local authority to
the meeting would be likely to
information for which good
carry on, without prejudice or
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 fo
the decision could compromise
the council in undertaking
without prejudice negotiations of
this objection pursuant to
section 33A of the Dog Control
Act 1996
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
11.52am
The public was excluded.
12.17am
The public was re-admitted.
Minutes
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Regulatory Committee 08 November 2018
RESTATEMENTS
It was resolved while the public was excluded:
C1. Deliberations on objection against a Menacing Dog Classification - Lukah
C1
Deliberations on objection against a Menacing Dog Classification - Lukah
Resolution number REG/2018/84
MOVED by Chairperson L Cooper, seconded by Cr J Bartley:
That the Regulatory Committee:
a)
hear and determine the objection to the menacing dog classification by Mr Nahu
pursuant to section 33C of the Dog Control Act 1996
b)
note that the Committee has considered the information provided in the agenda
item and attachments, the evidence presented by Council Staff and the
evidence presented by the Objector
Restatement
d)
agree that the decision under clause c) not be restated in the open section of
the minutes, but be made publicly available within 7 days.
CARRIED
The Regulatory Committee outlined their reasons for upholding the menacing dog
classification:
The Identification Checklist – American Pit Bull Terrier Type was used to assess Lukah. A
total score of 46 to 63 points indicates that the dog substantially meets the description of an
American Pit Bull Type. Three assessment were completed on Lukah with each
assessment scoring between 46 to 63 points.
The committee stated they have confidence in the assessment process and support the
assessments carried out by staff.
The committee felt that Mr S Nahu did not provide sufficient evidence to support rescinding
the objection and evidence provide could not establish that Lukah was not a American Pit
Bull Type.
Note: IMSB Chair D Taipari requested that his opposition to upholding the menacing dog
classification be recorded as he believed the Identification Checklist was
inconsistent and needs to be reviewed.
Deputy Mayor B Cashmore left the meeting at 12.15pm
12.17 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 COMMITTEE
HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
Minutes
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Document Outline
