governing body agenda for thursday 29th october 2015

8/20/2019 Governing body agenda for Thursday 29th October 2015

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Note: The reports contained within this agenda are for consideration and should not be construed as Council policyunless and until adopted. Should Members require further information relating to any reports, please contactthe relevant manager, Chairperson or Deputy Chairperson.

I hereby give notice that an ordinary meeting of the Governing Body will be held on:

Date:Time:Meeting Room:Venue:

Thursday, 29 October 2015 9.30am Reception LoungeAuckland Town Hall301-305 Queen StreetAuckland

Governing BodyOPEN AGENDA

MEMBERSHIP

Mayor Len Brown, JP Deputy Mayor Cr Penny Hulse Councillors Cr Anae Arthur Anae Cr Dick Quax

Cr Cameron Brewer Cr Sharon Stewart, QSM Cr Dr Cathy Casey Cr Sir John Walker, KNZM, CBE Cr Bill Cashmore Cr Wayne Walker Cr Ross Clow Cr John Watson Cr Linda Cooper, JP Cr Penny Webster Cr Chris Darby Cr George Wood, CNZM Cr Alf FilipainaCr Hon Christine Fletcher, QSOCr Denise KrumCr Mike LeeCr Calum Penrose

(Quorum 11 members)

Elaine StephensonDemocracy Advisor

22 October 2015

Contact Telephone: (09) 890 8117Email: [email protected]: www.aucklandcouncil.govt.nz


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TERMS OF REFERENCE

Those powers which cannot legally be delegated:

(a) the power to make a rate; or

(b) the power to make a bylaw; or

(c) the power to borrow money, or purchase or dispose of assets, other than in accordance withthe long term council community plan; or

(d) the power to adopt a long term plan, annual plan, or annual report; or

(e) the power to appoint a Chief Executive; or

(f) the power to adopt policies required to be adopted and consulted on under the LocalGovernment Act 2002 in association with the long term plan or developed for the purpose ofthe local governance statement; or

(g) the power to adopt a remuneration and employment policy.

Additional responsibilities retained by the Governing Body:

(a) approval of a draft long term plan or draft annual plan prior to community consultation

(b) approval of a draft bylaw prior to community consultation

(c) resolutions required to be made by a local authority under the Local Electoral Act 2001,including the appointment of electoral officer

(d) adoption of, and amendment to, the Committee Terms of Reference, Standing Orders andCode of Conduct

(e) relationships with the Independent Māori Statutory Board, including the funding agreementand appointments to committees.

(f) approval of the Unitary Plan

(g) overview of the implementation of the Auckland Plan through setting direction on key strategicprojects (e.g. the City Rail Link and the alternative funding mechanisms for transport) andreceiving regular reporting on the overall achievement of Auckland Plan priorities andperformance measures.


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Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolutionis passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

Access to confidential information is managed on a “need to know” basis where access to theinformation is required in order for a person to perform their role.

Those who are not members of the meeting (see list below) must leave unless it is necessaryfor them to remain and hear the debate in order to perform their role.

Those who need to be present for one confidential item can remain only for that item and mustleave the room for any other confidential items.

In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

The members of the meeting remain (all Governing Body members if the meeting is aGoverning Body meeting; all members of the committee if the meeting is a committee meeting).

However, standing orders require that a councillor who has a pecuniary conflict of interest leavethe room.

All councillors have the right to attend any meeting of a committee and councillors who are notmembers of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

Members of the Independent Māori Statutory Board who are appointed members of thecommittee remain.

Independent Māori Statutory Board members and staff remain if this is necessary in order forthem to perform their role.

Staff

All staff supporting the meeting (administrative, senior management) remain.

Other staff who need to because of their role may remain.

Local Board members

Local Board members who need to hear the matter being discussed in order to perform theirrole may remain. This will usually be if the matter affects, or is relevant to, a particular LocalBoard area.

Council Controlled Organisations

Representatives of a Council Controlled Organisation can remain only if required to fordiscussion of a matter relevant to the Council Controlled Organisation.


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Governing Body

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ITEM TABLE OF CONTENTS PAGE

1 Affirmation 7

2 Apologies 7

3 Declaration of Interest 7

4 Confirmation of Minutes 7

5 Acknowledgements and Achievements 7

6 Petitions 7

7 Public Input 7

7.1 Public Input - Steve Abel, Greenpeace - Block Offer 2016

Submission 7

8 Local Board Input 8

9 Extraordinary Business 8

10 Notices of Motion 8

11 Block Offer 2016 submission 9

12 Report of the Hearings Panel on the Confirmation of Legacy Bylaws 2015 37

13 Unitary Plan Committee – amendment of membership 157

14 Nomination to University of Auckland Animal Ethics Committee 159

15 Consideration of Extraordinary Items


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1 Affirmation

His Worship the Mayor will read the affirmation.

2 Apologies

At the close of the agenda no apologies had been received.

3 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision makingwhen a conflict arises between their role as a member and any private or other externalinterest they might have.

4 Confirmation of Minutes

That the Governing Body:

a) confirm the ordinary minutes of its meeting, held on Thursday, 24 September 2015,

as a true and correct record.

5 Acknowledgements and Achievements

At the close of the agenda no requests for acknowledgements had been received.

6 Petitions

At the close of the agenda no requests to present petitions had been received.

7 Public Input

Standing Order 7.7 provides for Public Input. Applications to speak must be made to theDemocracy Advisor, in writing, no later than one (1) clear working day prior to themeeting and must include the subject matter. The meeting Chairperson has the discretionto decline any application that does not meet the requirements of Standing Orders. Amaximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

7.1 Public Input - Steve Abel, Greenpeace - Block Offer 2016 Submission

Purpose1. Steve Abel, representing Greenpeace, will be present to speak to the meeting

regarding the Block Offer 2016 submission.

Recommendation/s

That the Governing Body:

a) receive the presentation from Steve Abel regarding the Block Offer 2016 submission.


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8 Local Board Input

Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of thatChairperson) is entitled to speak for up to five (5) minutes during this time. TheChairperson of the Local Board (or nominee of that Chairperson) shall wherever practical,give one (1) day’s notice of their wish to speak. The meeting Chairperson has thediscretion to decline any application that does not meet the requirements of StandingOrders.

This right is in addition to the right under Standing Order 6.1 to speak to matters on theagenda.

9 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (asamended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to thepublic,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until asubsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (asamended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the localauthority; and

(ii) the presiding member explains at the beginning of the meeting, at a timewhen it is open to the public, that the item will be discussed at the meeting;but

(b) no resolution, decision or recommendation may be made in respect of that itemexcept to refer that item to a subsequent meeting of the local authority for furtherdiscussion.”

10 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.


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Block Offer 2016 submission Page 9

Block Offer 2016 submission

File No.: CP2015/22040

Purpose1. To approve Auckland Council’s submission to the Ministry of Business Innovation and

Employment(MBIE) on the areas proposed to be offered for petroleum exploration permitapplications in 2016 (Block Offer 2016).

Executive Summary2. MBIE is consulting iwi/hapu and local authorities on areas it proposes to offer up for

prospective oil and gas exploration through an annual tender process (Block Offer 2016).Consultation began on 3 September 2015 and closes on 30 October 2015.

3. If approved, this is Auckland Council’s third submission on Block offers.

4. The Block Offer 2016 proposal incorporates four offshore areas including the Northland-Reinga and New Caledonia Basin (16NRN-R1 ~186,000 km2) and the Taranaki Basin(16TAR-R1 ~73,000 km2). The boundaries of these two basins are the same as thosereleased for tender following consultation on Block Offer 2015.

5. While not directly in Auckland’s coastal marine area (CMA), oil exploration and production innearby regions and Exclusive Economic Zone could have effects on Auckland’s natural andphysical resources and their social, cultural and economic use and value.

6. The issues remain in essence the same as with Block Offers 2014 and 2015, and AucklandCouncil could therefore seek the following changes to Block Offer 2016:

i. Amend the proposed Taranaki basin area to be at least 12 nautical miles offshore so it

applies a precautionary approach and avoids the North Island West Coast MarineMammal Sanctuary (the sanctuary) and potentially associated adverse effects onMaui’s dolphin and their habitat;

ii. Exploration activities to adhere to guidelines for minimising acoustic disturbance tomarine mammals, including within 20 nautical miles of the sanctuary;

iii. Recognise the sensitivity of potentially impacted areas and minimise oil spill anddischarge risks, particularly close to the coast, by applying the highest internationalstandards and favouring tender applicants with the best environmental track records;

iv. Support integration by keeping iwi and local authorities informed of the permittingprocess and by sharing analysis and data between the Crown Minerals Act and

Resource Management Act processes.

Recommendation/sThat the Governing Body:

a) approve the submission (Attachment D to the agenda report), including anyamendments sought by the governing body, in response to the Ministry of BusinessInnovation and Employment’s Block Offer 2016 consultation.

b) delegate authority to the Mayor to approve final amendments to the submissionsought by the governing body.

c) delegate to the Chief Executive the authority to lodge a submission, with a similarposition as taken on Block Offer 2016, in the event that a Block Offer 2017 round ofconsultation coincides with the local government election period in 2016.


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Comments

Proposed Block Offer 2016 Release Areas

7. The Block Offer 2016 proposal incorporates four offshore areas including the Northland-

Reinga and New Caledonia Basin (16NRN-R1 ~186,000 km2

) and the Taranaki Basin(16TAR-R1 ~73,000 km2) off the west coast of the North Island. The boundaries of these twobasins are the same as those released for tender following consultation on Block Offer 2015. A map of all the ‘release areas’ proposed for Block Offer 2016 is appended as AttachmentA. A map of the two large areas closest to the Auckland region is appended asAttachment B.

8. Of note is that:

no areas proposed for release in Block Offer 2016 extend into the CMA of the Aucklandregion,

the proposed areas include potential for exploration within very large areas off the NorthIsland west coast,

the proposed Taranaki basin area overlaps of with the more southern parts of the NorthIsland West Coast Marine Mammal Sanctuary (the sanctuary - see Attachment B).

9. Further background information is provided in Attachment C, describing the block offerprocess, the regulatory framework for oil and gas exploration and changes between recentblock offer rounds for the two basin areas offshore from the Auckland region.

Auckland Council’s previous submission on Block Offer 2015

10. Auckland Council lodged a submission to Block Offer 2015 (REG/2015/6 5 February 2015).The council submission sought measures to avoid or mitigate potential environmental risks,

including amending areas to be outside of Auckland’s coastal marine area and outside themarine mammal sanctuary to reduce risks to the endangered Maui’s dolphins.

11. A number of local boards supported the council’s submission, whilst some local boardsopposed all areas for Block Offer 2015.

12. Changes made by the Minister following consultation included moving the northern part ofthe Taranaki basin area so that it no longer overlapped with the Auckland region’s coastalmarine area, but no change to the overlap with the marine mammal sanctuary further south.The boundary changes have been carried through into the Block Offer 2016 areas.

13. The Minister also required that any permits granted for exploration in the North Island MarineMammal Sanctuary specifically comply with the 2013 Code of Conduct for Minimising

Acoustic Disturbance to Marine Mammals from Seismic Survey Operations.

Auckland Council’s proposed submission on Block Offer 2016

14. As the issues around Block Offer 2016 (Attachment D) essentially remain the same, theproposed submission is in principle the same as the council’s submission on Block Offer2015. It raises four recommended changes to minimise any potential environmental impacts.

a) Amend the proposed Taranaki basin area to be at least 12 nautical miles offshore so

it applies a precautionary approach and avoids the North Island West Coast Marine

Mammal Sanctuary (the sanctuary) and potentially associated adverse effects on

Maui’s dolphin and their habitat;

b) Exploration activities to adhere to guidelines for minimising acoustic disturbance to

marine mammals, including within 20 nautical miles of the sanctuary;


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c) Recognise the sensitivity of potentially impacted areas and minimise oil spill and

discharge risks, particularly close to the coast, by applying the highest international

standards and favouring tender applicants with the best environmental track records;

d) Support integration by keeping iwi and local authorities informed of the permitting

process and by sharing analysis and data between the Crown Minerals Act and

Resource Management Act processes.

Option to avoid potential difficulties submitting on the next year’s Block Offer 2017

15. In the expectation that the government may continue to run an annual Block Offer processand that Block Offer 2017 consultation may coincide with the local government elections in2016, a contingency is proposed to simplify what might otherwise be a difficult submissionprocess. There were significant limitations to local board involvement during developmentand approval of the council’s submission on Block Offer 2014 consultation.

16. An option is therefore included (recommendation (d)) for the committee to determinewhether or not it supports the position reached on the council’s submission on Block Offer2016 also applying to any Block Offer 2017 consultation.

Consideration

Local Board views and implications

17. Local Boards were circulated the Block Offer 2016 proposal and explanatory notes on 21September 2015. Informal positions received are included in this agenda report.

18. Waitakere Ranges Local Board provided a formal submission opposing the block offerprocess and seeking adoption of the precautionary principle because of the potential risksassociated with oil and gas exploration to the legislatively1 recognised, valued andvulnerable natural resources of the west coast.

19. Waiheke Island Local Board provided an informal submission that also opposes the blockoffer process in its entirety. They identify the wide regional and national significance of theconcerns, in particular their relation to ‘important and fundamental issues and principles overthe way in which New Zealand’s mar ine ecosystems and habitats of threatened marinefauna (and marine mammals in particular) are managed’. The Local Board also seeksassurance that future exploration and extraction within the Hauraki Gulf Marine Park will notbe contemplated.

20. The Orakei Local Board provided an informal comment that ‘there should be no seabedmining or extraction within 200 nautical miles of the Hauraki Gulf’.

21. The Māngere-Otahuhu Local Board provided informal advice seeking a mineral and miningexclusionary zone along the length of the North Island, and therefore supporting a

precautionary position of avoiding the Maui’s dolphin marine mammal sanctuary.

22. The Puketāpapa Local Board provided a formal submission expressing concern about theenvironmental risks associated with the block offer process and exploration activities, andseeking that the council submission strongly advocate for application of a precautionaryapproach. The Board also expresses concerns about the capability for effective oil spillresponse and seeks information on the requirements placed on applicants by theEnvironment Protection Authority and Maritime New Zealand.

23. The Manurewa Local Board’s formal submission identifies the important and vulnerablevalues of the Manukau Harbour and environs, requests all practical steps be taken to protectthese, and supports the council’s request for Block Offer areas to avoid the marine mammalsanctuary.

1 Waitakere Ranges Heritage Area Act 2008


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24. The Maungakiekie-Tāmaki Local Board’s formal submission opposes allocation of petroleumexploration permits in the proposed Block Offer areas because of community concerns overoil spill risks and potential risks to Maui’s dolphin and recovery of their population.

25. The Franklin Local Board’s informal submission raised concerns about environmentalsensitivity and risks of oil spills, and supported the council’s previously requested actions toavoid or reduce risks to Maui’s dolphin habitat and remaining populations.

Māori impact statement

26. New Zealand Petroleum and Minerals (NZP&M) are required by the Crown Minerals Act toconsult with iwi and hapu on the proposed release areas. Iwi and hapu therefore have adirect route to contribute their concerns into the Block Offer process. The Minister may thenexclude areas from the Block Offer process where these have been identified by iwi or hapuas having particular significance and sensitivity. Once permits are granted, permit holdersare also required to provide an annual report to the Minister on their engagement withpotentially affected iwi and hapu.

27. In addition, the same opportunity to contribute and its accompanying explanatory informationthat was sent to Local Boards was circulated on 18 September to the full Auckland iwi/hapu

contact list provided by Te Waka Angamua.

28. To date, Nga Maunga Whakahii o Kaipara has responded. The Board of Trustees approvedthe drafting of a submission that objects in principle to the block offer process, and will lodgetheir submission directly with NZP&M.

Implementation29. Final decisions on any response to the council’s submission on Block Offer 2016, along with

the subsequent announcement in December 2016 of any exploration permits granted, restswith the Minister of Energy and Resources.

30. Council officers will monitor the NZP&M Block Offer 2016 process and will inform the

relevant council bodies of any significant developments.

Attachments

No. Title Page

A Block Offer 2016 proposed areas 13

B Block Offer 2016 proposed areas closest to the Auckland region 15

C Block Offer background 17

D Auckland Council proposed submission on Block Offer 2016 21

Signatories Author Dominic McCarthy, Principal Specialist Environmental Strategy

Authorisers Jacques Victor - GM Auckland Plan Strategy and Research

Jim Quinn - Chief of Strategy

Stephen Town - Chief Executive


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A t t a c h m e n t A

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AttachmentC

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Report of the Hearings Panel on the Confirmation of Legacy Bylaws 2015 Page 37

Report of the Hearings Panel on the Confirmation of Legacy Bylaws2015

File No.: CP2015/21784

Purpose1. To confirm seven full bylaws and residual parts of 12 other bylaws, made by Auckland’s

former local authorities, to avoid them being automatically revoked on 31 October 2015.

Executive Summary2. When Auckland Council was established on 1 November 2010, it inherited a series of

bylaws (“legacy bylaws”) made by Auckland’s former councils.

3. Under section 63(3) of the Local Government (Auckland Transitional Provisions) Act, the

legacy bylaws will be automatically revoked on 31 October 2015, unless confirmed,

amended or revoked by the council before that date.

4. Over 2010-2015, Auckland Council and Auckland Transport have reviewed most of the

legacy bylaws and have:

adopted 22 new Auckland-wide bylaws (17 council bylaws and five Auckland

Transport bylaws) to replace or consolidate the legacy bylaws, as outlined in

Attachment A

allowed some legacy bylaws or residual parts to be automatically revoked by the

legislation on 31 October 2015, as they are no longer used and/or required.

5. This leaves seven legacy bylaws and residual parts of 12 other legacy bylaws that the

council needs to address before the statutory deadline on 31 October 2015.

6. On 8 July 2015, the Regulatory and Bylaws Committee:

recommended that the governing body adopt the “Statement of Proposal: Confirmation

of Legacy Bylaws 2015,” which outlined a proposal to confirm seven legacy bylaws

and residual parts of 12 other legacy bylaws

appointed a hearings panel, comprised of Councillors Penrose (as Chair) and

Filipaina, to hear submissions, deliberate and make recommendations to the

governing body (Resolution number: RBC/2015/23).

7. On 30 July 2015, the council’s governing body accepted the Regulatory and BylawsCommittee’s recommendation and adopted the Statement of Proposal for public consultation

(Resolution number: GB/2015/77).

8. The details of the proposal are as follows:

to confirm the legacy bylaws (or residual parts) related to freedom camping, electric

and barbed wire fencing adjoining public land, wharves, construction in the road

corridor and other public places, and on-site wastewater management so they remain

in force until 31 October 2020. The specific bylaws and clauses are detailed in the

recommendations of this report and in Attachment B.

to confirm the Auckland City Council Bylaws: Bylaw No. 27B – Billboards 2007 so thatit remains in force until the relevant provisions of the Proposed Auckland Unitary Plan

become fully operative (see Attachment B).


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no changes to the legacy bylaws are proposed.

9. The council publicly notified the Statement of Proposal on 3 August 2015 and received 12

submissions in response.

10. On 21 September 2015, the Hearings Panel considered the submissions and heard oral

submissions from two submitters. The oral submissions were about freedom camping.

11. No contentious issues were raised about the proposal to confirm the bylaws in the

submissions or hearings processes. The Hearings Panel therefore recommends the

governing body confirm the seven legacy bylaws and residual parts of 12 other legacy

bylaws, as proposed.


a) confirm the following legacy bylaws, or residual parts, in accordance with section

63(3) of the Local Government (Auckland Transitional Provisions) Act 2010 until 31

October 2020, at which time these bylaws, or residual parts, will be automatically

revoked:

i. On freedom camping:

a) Auckland City Council Bylaws: Bylaw No.20 - Public Places 2008:

clauses 20.3.1 (g) and (v), and 20.8

b) Auckland Regional Council Parks Bylaw 2007: clauses 6.1(b) and 8

c) Franklin District Council Public Places Bylaw 2007: clause 5(5)(b) and

the First Schedule

d) Manukau City Consolidated Bylaw 2008: Chapter 9 General Nuisance,

Safety and Behaviour in Parks and Public Places: clause 4.1 (a) and (b)

e) North Shore City Council Bylaw 2000: Part 2 Public Places: clauses 2.3.1

(g) and (j)

f) Papakura District Council Public Places Bylaw 2008: clauses 3.4(b) and

18.1

g) Rodney District Council General Bylaw 1998: Chapter 8 Public Places

clauses 6.1 (a) and (c), 7, and 8

h) Waitakere City Council Public Places Bylaw 2010: clauses 6.1(i), 7.1(a),

17, 18, and 19.

ii. On electric and barbed wire fences on property next to public land:

a) Papakura District Council Public Places Bylaw 2008: clause 12.1

b) Waitakere City Council Public Places Bylaw 2010: clause 15.2(b).

iii. On wharves:

a) Auckland City Council Bylaws: Bylaw No.8 - Wharves 2008

b) Rodney District Council General Bylaw 1998: Chapter 12 Use of Public

Wharves and Boat Ramps

iv. On construction activities in the road corridor and other public places:

a) Auckland City Council Bylaws: Bylaw No.6 - Construction 2008

b) Franklin District Council Public Places Bylaw 2007:clause 11


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c) Manukau City Consolidated Bylaw 2008: Chapter 5 Construction,

Development, Street Damage and Vehicle Crossings

d) North Shore City Council Bylaw 2000: Part 13 Construction and

Scaffolding

e) North Shore City Council Bylaw 2000: Part 2 Public Places: clause 2.11

f) Papakura District Council Public Places Bylaw 2008: clause 9g) Rodney District Council General Bylaw 1998: Chapter 9 (Road Crossings

and Numbering of Premises): clauses 4, 5 and 6.

v. On on-site wastewater management:

a) Auckland City Council Bylaws: Bylaw No. 29 - Waiheke Wastewater 2008

b) North Shore City Bylaw 2000: Part 20 Wastewater: clauses 20.1.2,

20.2.1, 20.2.2 and 20.7.3

c) Papakura District Council Wastewater Bylaw 2008: clauses 1, 9, 10, 11,

12, 13, 14 and 16

d) Rodney District Council General Bylaw 1998: Chapter 20 WastewaterDrainage: clauses 2, 9 and 12.

b) confirm the Auckland City Council Bylaws: Bylaw No. 27B Billboards 2007, inaccordance with section 63(3) of the Local Government (Auckland TransitionalProvisions) Act 2010, until the relevant signage provisions of the Auckland UnitaryPlan become operative, at which time this bylaw will be automatically revoked.

Comments

Background12. When Auckland Council was established on 1 November 2010, it inherited a series of

bylaws (“legacy bylaws”) that had been made by Auckland’s former councils.

13. Since then, the legacy bylaws have remained in force in the areas to which they previously

applied, in accordance with the Local Government (Auckland Transitional Provisions) Act

2010. Under section 63(3) of that Act however, the legacy bylaws will be automatically

revoked on 31 October 2015, unless confirmed, amended or revoked by the council before

that date.

Bylaw Review Programme

14. Since amalgamation, the council and Auckland Transport have reviewed most of the legacy

bylaws, leaving seven full bylaws and residual parts of 12 other bylaws to be addressed

before 31 October 2015.

15. The outcomes of the reviews completed to date are summarised as follows:

The council has adopted 17 new Auckland-wide bylaws (as listed in Attachment A)

to replace or consolidate legacy bylaws

Auckland Transport has adopted five new bylaws (as listed in Attachment A), of

which three are administered by the council and two by Auckland Transport.


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The council has decided to allow a number of legacy bylaws to be automatically

revoked by section 63(3) of the Local Government (Auckland Transitional

Provisions) Act 2010 on 31 October 2015, as they are no longer used and/or

required. This includes a decision by the Regulatory and Bylaws Committee in July

2015, when the committee determined that 19 of the remaining legacy bylaws

should be automatically revoked (resolution number: RBC/2015/23). No further

decisions on those legacy bylaws are required.

16. The seven full bylaws and residual parts of 12 other bylaws that still require a decision are

addressed through this report.

Relevant decisions

17. On 8 July 2015, staff presented the Regulatory and Bylaws Committee with the “Statement

of Proposal: Confirmation of Legacy Bylaws 2015,” which outlines the proposal to confirm

seven legacy bylaws and residual parts of 12 other legacy bylaws. The committee:

recommended that the governing body adopt the Statement of Proposal, for public

consultation

appointed a hearings panel, comprised of Councillors Penrose (as Chair) and

Filipaina, to hear submissions, deliberate and make recommendations to the

governing body (Resolution number: RBC/2015/23).

18. On 30 July 2015, the council’s governing body accepted the Committee’s recommendation

and adopted the Statement of Proposal for public consultation (Resolution number:

GB/2015/77).

Proposal to confirm legacy bylaws

19. The table below summarises the details of the proposal:

Bylaw topics Proposal Detail

Freedom

camping

Electric and

barbed wire

fencing adjoining

public land

Wharves

Construction in

the road corridor

and other public

places and

On-site

wastewater

management

To confirm the

legacy bylaws (or

residual parts) so

that they remain

in force until 31

October 2020

Confirming these legacy bylaws means they will

remain in force from 1 November 2015 in the

areas to which they applied at the date of

confirmation.

Confirming the legacy bylaws preserves the

status quo and allows the council time to

complete further work on the topics or issues

that relate to the legacy bylaws.

Staff expect to review the bylaws prior to 31

October 2020, and to make specific

recommendations about whether to retain,

replace, or revoke each one, as part of this

review process. However, if such a review was

not completed by 31 October 2020, the bylaws

would be deemed to be revoked.

Billboards To confirm the

Auckland City

Council Bylaws:

Bylaw No. 27B -

Billboards 2007

so that it remains

The legacy billboards bylaw will no longer be

required once the signs-related provisions of the

Proposed Auckland Unitary Plan become

operative.

Those provisions of the Proposed Auckland


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in force until the

relevant

provisions of the

Proposed

Auckland Unitary

Plan become fully

operative

Unitary Plan are expected to become operative

sometime in 2016. If the legacy billboards bylaw

is not confirmed by 31 October 2015, there

would be a “regulatory gap” in the management

of billboards in the former Auckland City Council

area.

Public consultation

20. The Statement of Proposal was notified on 3 August 2015 and the submission period closed

on 3 September 2015. The council received 12 submissions on the proposal, including one

late submission.

Overview of submissions

21. The submissions raised the following issues:

Support for confirming the legacy bylaws, particularly those related to

construction in the road corridor and other public places; on-site wastewater

management; and billboards.

Concerns about the enforcement of existing freedom camping rules,

particularly in the Snell’s Beach area. Council staff will consider this information

when completing the review of freedom camping provisions (planned for 2016).

Concern that the whole Auckland Regional Council Parks Bylaw 2007 is not

proposed for confirmation:

o The council has already revoked and replaced most of the provisions in the Auckland Regional Council Parks Bylaw 2007, as part of the adoption of the

Public Safety and Nuisance Bylaw 2013, Animal Management Bylaw 2015

and the Trading and Events in Public Places Bylaw 2015.

o The Statement of Proposal outlines the council’s proposal to confirm the two

remaining clauses of the Auckland Regional Council Parks Bylaw 2007

(clause 6.1(b) and clause 8).

Hearings and deliberations

22. After considering the submissions, on 21 September 2015 the Hearings Panel considered a

staff report and heard oral submissions from two submitters. The Chair of the Hibiscus and

Bays Local Board also attended the meeting to provide feedback.

23. The feedback raised at the hearings is summarised as follows:

Submitters were concerned about the lack of effective enforcement of the current

freedom camping rules.

Submitters supported the proposal to retain the legacy bylaw provisions and would

like to be involved in the development of any new Auckland-wide freedom camping

bylaw.

24. No contentious issues were raised about the proposal to confirm the legacy bylaws in thesubmissions or hearings processes.


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25. The Hearings Panel also completed its deliberations on 21 September 2015 when it

resolved to:

receive and adopt the hearing report

accept the late submission by Housing New Zealand

recommend to the governing body to confirm the retention of the 19 bylaws (orresidual parts), made by the former local authorities in the Auckland region, as

provided in Attachment 1 of the hearing report.

Hearings Panel recommendations

26. The Hearings Panel recommends the governing body confirm the seven legacy bylaws andresidual parts of 12 other legacy bylaws, as detailed Attachment B of this report.

Consideration

Local Board views and implications

27. The local boards were notified of the public consultation process. However, specific localboard consultation was not considered necessary as the proposal is to retain the status quo

rather than to introduce new regulatory measures.

28. The chair of the Hibiscus and Bays Local Board attended the hearings and provided

feedback about freedom camping issues.

29. The council will involve the local boards in the bylaw review processes planned for five of thelegacy bylaw topics (noted in clauses 18 and 19).

Māori impact statement

30. Targeted consultation and workshops with iwi were not considered necessary for the

proposal on the Confirmation of Legacy Bylaws 2015, as the proposal is to retain the status

quo rather than to introduce new regulatory measures

31. Retaining the seven legacy bylaws and residual parts of 12 other legacy bylaws is not

considered to have any particular impacts on Auckland’s Maori communities.

32. The council will actively involve Auckland’s Maori communities in the bylaw reviewprocesses that will be undertaken for five bylaw topics (noted in clauses 18 and 19), butparticularly the bylaw review processes for freedom camping and on-site wastewatermanagement. Those topics will be particularly important to Auckland’s Maori communities,as they involve managing Auckland’s environmental quality and the disposal of wastewater.

Implementation33. Confirming the seven legacy bylaws and residual parts of 12 other legacy bylaws means the

provisions will remain in force from 1 November 2015. The council will need to continue

following its regulatory practices and procedures, though this will not require any additional

resources.

34. After the legacy bylaws are confirmed, the council will notify the public through a public

notice.


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35. The council will need to review the confirmed bylaws by 31 October 2020. The indicative

review timeframes are as follows:

By 2017, the council expects to review the legacy bylaws on: freedom camping;

construction in the road corridor and other public places (to be reviewed in

conjunction with Auckland Transport); and on-site wastewater management, which

will be reviewed once the rules for on-site wastewater in the Proposed Auckland

Unitary Plan are finalised.

By 2018, the council expects to review the remaining legacy bylaws on electric and

barbed wire fencing adjoining public land; and the two bylaws on wharves (to be

reviewed in conjunction with Auckland Transport).

Attachments

No. Title Page

A New bylaws adopted by Auckland Council and Auckland Transport over2010-2015

45

B Legacy bylaws and bylaw provisions proposed for confirmation by 31October 2015

47

Signatories

Author Councillor Calum Penrose – Hearings Panel Chairperson

Authoriser Stephen Town - Chief Executive


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Unitary Plan Committee – amendment of membership Page 157

Unitary Plan Committee – amendment of membership

File No.: CP2015/21151

Purpose1. To amend the membership of the Unitary Plan Committee.

Executive Summary2. The Unitary Plan Committee currently has eight councillor members and two Independent

Māori Statutory Board (IMSB) members. The committee, which already has frequentmeetings, is entering into an extensive and intensive work programme over coming months.Given the number of meetings and intensity of the work programme, it is recommended thatthe membership be increased to nine councillors plus the two current IMSB members. TheUnitary Plan Committee Chair, Councillor Alf Filipaina, supports this recommendation.

3. It is not proposed to change the quorum for the committee, which will remain at fivemembers.

4. It is recommended that Councillor Penrose be added to the membership of the Unitary PlanCommittee.


a) appoint Councillor Calum Penrose to the membership of the Unitary Plan Committee.

CommentsGovernance arrangements

5. The Unitary Plan Committee was set up as a reporting committee of Auckland DevelopmentCommittee. While major policy decisions go to Auckland Development Committee, theUnitary Plan Committee fulfils an extremely important function giving direction to staff onmatters associated with the Unitary Plan, including Council’s submission to the Unitary Plan(final sign off is with the Auckland Development Committee), pre-hearing mediation andresponding to matters raised by the submission process.

6. The Terms of Reference for the Unitary Plan Committee allow for frequent meetings toensure timeliness of response to the Independent Hearings Panel. Councillor Filipaina, asChair of the Committee, has identified the difficulty of getting regular attendance from allmembers on such a frequent basis.

7. Councillor Penrose is a regular attendee, although not a member of the Committee. With thework programme of the Regulatory and Bylaws Committee (of which he is Chairperson) nowreducing, Councillor Penrose has expressed an interest in becoming a full member of theUnitary Plan Committee.


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Unitary Plan Committee – amendment of membership Page 158

Consideration

Local Board Views

8. Local board views have not been sought as membership of Governing Body Committees isa matter of Governing Body procedure.

Māori Impact Statement 9. The Unitary Plan Committee includes representation for members of the IMSB. This is

intended to ensure input from the IMSB into a wide range of council decision-making. Nochanges are proposed to this representation.

AttachmentsThere are no attachments for this report.

Signatories

Author Theresa Stratton - Principal Advisor Finance and Governance

Authoriser His Worship the Mayor, Len Brown


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Nomination to University of Auckland Animal Ethics Committee Page 159

Nomination to University of Auckland Animal Ethics Committee

File No.: CP2015/21792

Purpose1. To make a nomination to the University of Auckland Animal Ethics Committee.

Executive Summary2. The University of Auckland is required to have an Animal Ethics Committee. One lay

member of this committee must be appointed on the nomination of the council. The currentmember is Simon Randall, Chairperson Maungakiekie-Tāmaki Local Board and his term hascome to an end. He is available for re-nomination.

3. At this stage there are no other nominations however, nominations can occur at theGoverning Body meeting.


a) make a nomination to the University of Auckland’s Animal Ethics Committee.

Comments4. The Animal Welfare Act 1999 (the Act) requires all organisations which use live animals for

research, testing and teaching to have both a Code of Ethical Conduct and an Animal EthicsCommittee. The University of Auckland is a code holder organisation.

5. The Animal Ethics Committee comprises at least four members, one of which needs to benominated by Auckland Council (section 101(8)). All are appointed by the chief executive ofthe code holder organisation (University of Auckland).

6. The requirements of the legislation in section 101 are:

“(8) One member must be a person appointed by the code holder on the nominationof a territorial authority or regional council.

(9) The person appointed under subsection (8) must not be —

(a) a person who is in the employ of, or is otherwise associated with, the codeholder; or

(b) a person who is associated with the scientific community or an animalwelfare agency.

(10) The appointed members of each animal ethics committee hold office for suchterms and on such conditions as are specified in the cod

governing body agenda for thursday 29th october 2015

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