Te Kaunihera o Tai Tokerau ki te Raki
AGENDA
Regulatory Compliance Committee Meeting
Tuesday, 1 December 2020
Time: |
1.00 pm |
Location: |
Council Chamber Memorial Avenue Kaikohe |
Membership:
Cr Kelly Stratford - Chairperson
Cr Dave Collard – Deputy Chairperson
Mayor John Carter
Deputy Mayor Ann Court
Cr David Clendon
Cr Rachel Smith
Cr John Vujcich
Member Belinda Ward - Bay of Islands-Whangaroa Community Board
Member Adele Gardner – Te Hiku Community Board
Authorising Body |
Mayor/Council |
|
Status |
Standing Committee |
|
COUNCIL COMMITTEE
|
Title |
Regulatory Compliance Committee Terms of Reference |
Approval Date |
19 December 2019 |
|
Responsible Officer |
Chief Executive |
Purpose
The purpose of the Regulatory Compliance Committee (the Committee) is to implement and monitor regulatory compliance and statutory matters on behalf of the Governing Body. The Committee will conduct hearings (except those under the Resource Management Act 1991) and undertake any functions as requested or delegated by Council from time to time provided the functions conform to the Local Government Act 2002.
The Committee will have functional responsibility for the following aspects:
· Hearings (excluding RMA and DLC)
· Regulatory activities
· Regulatory policies and bylaws
· Regulatory compliance
· Mana Whakahono
To perform his or her role effectively, each Committee member must
develop and maintain his or her skills and knowledge, including an understanding
of the Committee’s responsibilities and key legislation.
Delegations
The Regulatory Compliance Committee shall have the following delegated powers and be accountable to Council for the exercising of these powers. In exercising the delegated powers, the Regulatory Compliance Committee will operate within:
· policies, plans, standards or guidelines that have been established and approved by Council;
· the overall priorities of Council;
· the needs of the local communities; and
· the approved budgets for the activity.
Power to Delegate
The Regulatory Compliance Committee may not delegate any of its responsibilities, duties or powers.
Membership
The Council will determine the membership of the Regulatory Compliance Committee.
The Regulatory Compliance Committee will comprise of at least six elected members (one of which will be the chairperson).
When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson and a majority of the Committee members must be accredited commissioners under the relevant Act.
When the Regulatory Compliance Committee is meeting as a Hearing Committee, the Chairperson shall hold the ‘chair certification' as per the Act.
The Committee membership for each hearing shall be appointed by the Chairperson of the
Regulatory Compliance Committee together with the Chief Executive and will normally comprise the core Regulatory Compliance Committee members.
The Regulatory Compliance Committee will comprise of at least six elected members (one of which will be the chairperson).
Mayor Carter |
Kelly Stratford – Chairperson |
Dave Collard – Deputy Chairperson |
John Vujcich |
Rachel Smith |
David Clendon |
Ann Court |
Belinda Ward – Bay of Islands-Whangaroa Community Board Chair |
Adele Gardner – Te Hiku Community Board Chair |
Non-appointed councillors may attend Regulatory Compliance Committee (but not Hearings) with speaking rights, but not voting rights.
Quorum - Committee
The quorum at a meeting of the Regulatory Compliance Committee is 4 members.
Frequency of Meetings
The Regulatory Compliance Committee shall meet every 6 weeks but may be cancelled if there is no business.
Committees Responsibilities
The Committees responsibilities are described below:
Hearings, Objections and Appeals
· Conduct hearings, as delegated by Council, in accordance with the relevant legislative and policy requirements (excluding Resource Management Act and District Licensing)
· Approve and monitor Council’s list of hearing Commissioners for Resource Management Act and District Licensing hearings.
Regulatory Activities
· Assess and provide advice to Council on level of service and policy issues relating to:
o regulatory matters; and
o provision of services
· Reviewing and making recommendations to the Chief Executive in respect to functions and activities within the purpose of the Committee regarding codes of practice.
Policies and Bylaws
· Recommend the development and review of Council’s regulatory policies and district bylaws
· Make a recommendation where in a bylaw the Council has specified that a matter be regulated, controlled or prohibited by the Council by resolution (eg dog areas under the dog control bylaw, speed limits)
Compliance
· Ensure that Council’s planning and regulatory functions comply with legislative requirements and Council policy and processes
· Monitor operational functions comply with legislative requirements and Council policy
o BCA (building consents)
o RMA (resource consents)
· Ensure that consents associated with Council's infrastructure are being met and renewals are planned for
· Receive traffic light reports on regulatory compliance (policy, plans, functions and bylaws) such as:
o District Plan (when proposed)
o Building Act
o Resource Management Act
o Licences (various acts)
o Animal management
Mana Whakahono-ā-Rohe (Mana Whakahono)
· Monitor regulatory matters arising from Mana Whakahono under the Resource Management Act 1991.
The committee seeks to foster and encourage participation and engagement with constituents.
HEARINGS, OBJECTIONS AND APPEALS
Regulatory Compliance Committee, meeting as a Hearing Committee
The Regulatory Committee, when meeting as a Hearing Committee, shall be delegated authority to hear and determine matters as follows:
Public Works Act 1981
Public work requirements.
Local Government Act 2002
Objections against the construction of public works on private land.
Local Government Act 1974
Objections and appeals to road stopping proposals.
Fencing of Swimming Pools Act 1987
Applications for exemption, waiver or compliance.
Delegated decisions
· Requests for review or objections to delegated decisions by the Committee and/or delegated officers.
· Appeals against decisions made by officials acting under delegated authority in accordance with approved Council Policy.
Dog Control Act 1996
Objections.
Gambling Act 2003, Health Act 1956 and Building Act 2004
Hearings, objections and related matters.
And any other such matters as required under the legislation (but not Resource Management Act or the Supply and Sale of Alcohol Act for matters outside the district licensing committee).
Rules and Procedures
Council’s Standing Orders and Code of Conduct apply to all the committee’s meetings.
The Chair of the Committee will submit a written report to the Chief Executive on an annual basis. The review will summarise the activities of the Committee and how it has contributed to the Council’s governance and strategic objectives. The Chief Executive will place the report on the next available agenda of the governing body.
REGULATORY COMPLIANCE COMMITTEE - MEMBERS REGISTER OF INTERESTS
Name |
Responsibility (i.e. Chairperson etc) |
Declaration of Interests |
Nature of Potential Interest |
Member's Proposed Management Plan |
Hon John Carter QSO |
Board Member of the Local Government Protection Programme |
Board Member of the Local Government Protection Program |
|
|
Carter Family Trust |
|
|
|
|
Kelly Stratford (Chair) |
KS Bookkeeping and Administration |
Business Owner, provides book keeping, administration and development of environmental management plans |
None perceived |
Step aside from decisions that arise, that may have conflicts |
Waikare Marae Trustees |
Trustee |
Maybe perceived conflicts |
Case by case basis |
|
Bay of Islands College |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Karetu School |
Parent Elected Trustee |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Māori title land – Moerewa and Waikare |
Beneficiary and husband is a shareholder |
None perceived |
If there was a conflict, I will step aside from decision making |
|
Sister is employed by Far North District Council |
|
|
Will not discuss work/governance mattes that are confidential |
|
Gifts - food and beverages |
Residents and ratepayers may ‘shout’ food and beverage |
Perceived bias or predetermination |
Case by case basis |
|
Taumarere Counselling Services |
Advisory Board Member |
May be perceived conflicts |
Should conflict arise, step aside from voting |
|
Sport Northland |
Board Member |
May be perceived conflicts |
Should conflict arise, step aside from voting |
|
Kelly Stratford - Partner |
Chef and Barista |
Opua Store |
None perceived |
|
Māori title land – Moerewa |
Shareholder |
None perceived |
If there was a conflict of interest I would step aside from decision making |
|
David Collard (Deputy Chair) |
Snapper Bonanza 2011 Limited |
45% Shareholder and Director |
|
|
Trustee of Te Ahu Charitable Trust |
Council delegate to this board |
|
|
|
David Clendon |
Chairperson – He Waka Eke Noa Charitable Trust |
None |
|
Declare if any issue arises |
Member of Vision Kerikeri |
None |
|
Declare if any issue arises |
|
Joint owner of family home in Kerikeri |
Hall Road, Kerikeri |
|
|
|
David Clendon – Partner |
Resident Shareholder on Kerikeri Irrigation |
|
|
|
Deputy Mayor Ann Court |
Waipapa Business Association |
Member |
|
Case by case |
Warren Pattinson Limited |
Shareholder |
Building company. FNDC is a regulator and enforcer |
Case by case |
|
Kerikeri Irrigation |
Supplies my water |
|
No |
|
Top Energy |
Supplies my power |
|
No other interest greater than the publics |
|
District Licensing |
N/A |
N/A |
N/A |
|
Top Energy Consumer Trust |
Trustee |
Crossover in regulatory functions, consenting economic development and contracts such as street lighting. |
Declare interest and abstain from voting. |
|
Ann Court Trust |
Private |
Private |
N/A |
|
Waipapa Rotary |
Honorary member |
Potential community funding submitter |
Declare interest and abstain from voting. |
|
Properties on Onekura Road, Waipapa |
Owner Shareholder |
Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse) |
Declare interest and abstain from voting. |
|
Property on Daroux Dr, Waipapa |
Financial interest |
Any proposed FNDC Capital works or policy change which may have a direct impact (positive/adverse) |
Declare interest and abstain from voting. |
|
Flowers and gifts |
Ratepayer 'Thankyou' |
Bias/ Pre-determination? |
Declare to Governance |
|
Coffee and food |
Ratepayers sometimes 'shout' food and beverage |
Bias or pre-determination |
Case by case |
|
Staff |
N/A |
Suggestion of not being impartial or pre-determined! |
Be professional, due diligence, weigh the evidence. Be thorough, thoughtful, considered impartial and balanced. Be fair. |
|
Warren Pattinson |
My husband is a builder and may do work for Council staff |
|
Case by case |
|
Ann Court - Partner |
Warren Pattinson Limited |
Director |
Building Company. FNDC is a regulator |
Remain at arm’s length |
Air NZ |
Shareholder |
None |
None |
|
Warren Pattinson Limited |
Builder |
FNDC is the consent authority, regulator and enforcer. |
Apply arm’s length rules |
|
Property on Onekura Road, Waipapa |
Owner |
Any proposed FNDC capital work in the vicinity or rural plan change. Maybe a link to policy development. |
Would not submit. Rest on a case by case basis. |
|
Rachel Smith |
Friends of Rolands Wood Charitable Trust |
Trustee |
|
|
Mid North Family Support |
Trustee |
|
|
|
Property Owner |
Kerikeri |
|
|
|
Friends who work at Far North District Council |
|
|
|
|
Kerikeri Cruising Club |
Subscription Member |
|
|
|
Rachel Smith (Partner) |
Property Owner |
Kerikeri |
|
|
Friends who work at Far North District Council |
|
|
|
|
Kerikeri Cruising Club |
Subscription Member and Treasurer |
|
|
|
John Vujcich |
Board Member |
Pioneer Village |
Matters relating to funding and assets |
Declare interest and abstain |
Director |
Waitukupata Forest Ltd |
Potential for council activity to directly affect its assets |
Declare interest and abstain |
|
Director |
Rural Service Solutions Ltd |
Matters where council regulatory function impact of company services |
Declare interest and abstain |
|
Director |
Kaikohe (Rau Marama) Community Trust |
Potential funder |
Declare interest and abstain |
|
Partner |
MJ & EMJ Vujcich |
Matters where council regulatory function impacts on partnership owned assets |
Declare interest and abstain |
|
Member |
Kaikohe Rotary Club |
Potential funder, or impact on Rotary projects |
Declare interest and abstain |
|
Member |
New Zealand Institute of Directors |
Potential provider of training to Council |
Declare a Conflict of Interest |
|
Member |
Institute of IT Professionals |
Unlikely, but possible provider of services to Council |
Declare a Conflict of Interest |
|
Belinda Ward |
Ward Jarvis Family Trust |
Trustee |
|
|
Kenneth Jarvis Family Trust |
Trustee |
|
|
|
Residence in Watea |
|
|
|
|
Belinda Ward (Partner) |
Ward Jarvis Family Trust |
Trustee and beneficiary |
|
|
Kenneth Jarvis Family Trust |
Trustee and beneficiary |
|
|
|
Residence in Watea |
Trustee |
|
|
|
Adele Gardner |
N/A - FNDC Honorarium |
|
|
|
The Far North 20/20, ICT Trust |
Trustee |
|
|
|
Te Ahu Charitable Trust |
Trustee |
|
|
|
ST Johns Kaitaia Branch |
Trustee/ Committee Member |
|
|
|
I know many FNDC staff members as I was an FNDC staff member from 1994-2008. |
|
|
|
|
Partner of Adele Gardner |
N/A as Retired |
|
|
|
Regulatory Compliance Committee Meeting Agenda |
1 December 2020 |
Regulatory Compliance Committee Meeting
will be held in the Council Chamber, Memorial Avenue, Kaikohe on:
Tuesday 1 December 2020 at 1.00 pm
Order Of Business
1 Karakia Timatanga – Opening Prayer
2 Apologies and Declarations of Interest
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
5.1 Environmental Services: Alcohol Licensing Update
5.2 Update Report: Bylaw Enforcement
6.1 BCA Regulatory Compliance Update
7 Karakia Whakamutunga – Closing Prayer
2 Apologies and Declarations of Interest
Members need to stand aside from decision-making when a conflict arises between their role as a Member of the Committee and any private or other external interest they might have. This note is provided as a reminder to Members to review the matters on the agenda and assess and identify where they may have a pecuniary or other conflict of interest, or where there may be a perception of a conflict of interest.
If a Member feels they do have a conflict of interest, they should publicly declare that at the start of the meeting or of the relevant item of business and refrain from participating in the discussion or voting on that item. If a Member thinks they may have a conflict of interest, they can seek advice from the Chief Executive Officer or the Team Leader Democracy Support (preferably before the meeting).
It is noted that while members can seek advice the final decision as to whether a conflict exists rests with the member.
No requests for deputations were received at the time of the Agenda going to print.
1 December 2020 |
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes
File Number: A3005555
Author: Marlema Baker, Meetings Administrator
Authoriser: Aisha Huriwai, Team Leader Democracy Services
Purpose of the Report
The minutes of the previous Regulatory Compliance Committee meeting are attached to allow the Committee to confirm that the minutes are a true and correct record.
That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 20 October 2020 are a true and correct record. |
1) Background
Local Government Act 2002 Schedule 7 clause 28 states that a local authority must keep minutes of its proceedings. The minutes of these proceedings duly entered and authenticated as prescribed by a local authority are prima facie evidence of those meetings.
2) Discussion and Options
The minutes of the meeting are attached. Far North District Council Standing Orders Section 27.3 states that no discussion shall arise on the substance of the minutes in any succeeding meeting, except as to their correctness.
Reason for the recommendation
The reason for the recommendation is to confirm the minutes are a true and correct record of the previous meeting.
3) Financial Implications and Budgetary Provision
There are no financial implications or the need for budgetary provision as a result of this report.
1. 2020-10-20 Regulatory Compliance Committee Minutes - A2984812 ⇩
Compliance schedule:
Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation to decision making, in particular:
1. A Local authority must, in the course of the decision-making process,
a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and
b) Assess the options in terms of their advantages and disadvantages; and
c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.
2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.
Compliance requirement |
Staff assessment |
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy |
This is a matter of low significance |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
This report complies with the Local Government Act 2002 Schedule 7 Section 28. |
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought. |
It is the responsibility of each meeting to confirm their minutes therefore the views of another meeting are not relevant. |
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. |
There are no implications on Māori in confirming minutes from a previous meeting. Any implications on Māori arising from matters included in meeting minutes should be considered as part of the relevant report. |
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences. |
This report is asking for the minutes to be confirmed as true and correct record, any interests that affect other people should be considered as part of the individual reports. |
State the financial implications and where budgetary provisions have been made to support this decision. |
There are no financial implications or the need for budgetary provision arising from this report. |
Chief Financial Officer review. |
The Chief Financial Officer has not reviewed this report. |
Regulatory Compliance Committee Meeting Agenda |
1 December 2020 |
MINUTES OF Far North District Council
Regulatory Compliance
Committee Meeting
HELD AT THE Council
Chamber, Memorial Avenue, Kaikohe
ON Tuesday, 20 October
2020 AT 1.00
pm
PRESENT: Cr Kelly Stratford, Cr Dave Collard, Cr David Clendon, Deputy Mayor Ann Court, Cr Rachel Smith, Cr John Vujcich, Member Adele Gardner, Member Belinda Ward.
STAFF PRESENT: Shaun Clarke (Chief Executive Officer), William Taylor (General Manager, Corporate Services), Richard Edmondson (Manager – Communications), Dean Myburgh (General Manager, District Services), Andy Finch (General Manager, Infrastructure and Asset Management), Bill Lee (Special Projects Manager, Te Hono), Rochelle Deane (Manager, Environmental Services) Robert Maslamani (Animal Management Officer), Paparangi Pirini (Animal Management Officer), Marlema Baker (Meetings Administrator)
1 Karakia Timatanga – Opening Prayer
Chair Stratford declared the meeting open and commenced with a karakia/opening prayer.
2 Apologies and Declarations of Interest
Committee Resolution 2020/15 Moved: Cr Rachel Smith Seconded: Cr John Vujcich That apologies from Mayor John Carter be received and accepted. Carried |
3 Deputation
Leonie Exel representing Pamela Ann Backhouse-Smith (Dog Owner) for the Menacing Dog Hearing.
4 Confirmation of Previous Minutes
4.1 Confirmation of Previous Minutes Agenda item 4.1 document number A2968376, pages 14 - 18 refers. |
Committee Resolution 2020/16 Moved: Member Adele Gardner Seconded: Cr Rachel Smith That the Regulatory Compliance Committee confirms that the minutes of the meeting held 8 September 2020 are a true and correct record. Carried |
5 Reports
5.1 Update Report: Environmental Services Monitoring and Compliance Agenda item 5.1 document number A2965291, pages 19 - 24 refers. |
Committee Resolution 2020/17 Moved: Cr John Vujcich Seconded: Cr Rachel Smith That the Regulatory Compliance Committee receive the report “Update Report: Environmental Services Monitoring and Compliance”. Carried |
5.2 BCA Regulatory Compliance Update Agenda item 5.2 document number A2966768, pages 25 - 26 refers. |
Committee Resolution 2020/18 Moved: Member Belinda Ward Seconded: Cr Rachel Smith That the Regulatory Compliance Committee receive the report “BCA Regulatory Compliance Update”. Carried |
5.3 Objection to the Classification of a Dog as Menacing by Breed/type (SECTION 33C OF THE DOG CONTROL ACT 1996), Dog owner pamela ann backhouse-smith, dog name: richard Agenda item 5.3 document number A2976064, pages 27 - 73 refers. |
At the commencement of the Hearing Ms Backhouse-Smith’s representative Leonie Exel disclosed that the dog (Richard) passed away on Saturday 17 October. Meeting adjourned 1:49 pm to 1:56 pm. The Chairperson advised that the Committee would not proceed with the Hearing.. The Committee requested that staff investigate and advise whether the Objection to the Menacing Dog Classification still needed to be resolved, and if so whether needs discussing at a future meeting. |
6 Karakia Whakamutunga – Closing Prayer
7 Meeting Close
The meeting closed at 2:11 pm
The minutes of this meeting will be confirmed at the Regulatory Compliance Committee Meeting held on 1 December 2020.
...................................................
CHAIRPERSON
1 December 2020 |
5.1 Environmental Services: Alcohol Licensing Update
File Number: A2999512
Author: Rochelle Deane, Manager - Environmemental Service
Authoriser: Dean Myburgh, General Manager - District Services
To provide an update to the committee on Alcohol Licensing in the District
• The number of premises registered
• The number of good host visits completed
• The number of premises that still require a good host visit.
Executive Summary
The Far North District Council, as a territorial authority, is deemed a regulatory agency under the Sale and Supply of Alcohol Act 2012 (the Act).
The Council has an important role in monitoring licensed premises to ensure they operate within the law and regarding public health and safety. Council carry out a range of investigations and reporting, it can also apply to have a licence suspended, varied or cancelled.
As a regulatory agency, Council is required to collaborate with the other regulatory agencies such as the Police and the Medical Officer of Health.
The three agencies collaborate in monitoring licences and enforcing the Act as well as implementing strategies for reducing alcohol related harm.
That the Regulatory Compliance Committee receive the report Environmental Services: Alcohol Licensing Update. |
Background
The Sale and Supply of Alcohol Act 2012 (the Act), requires each territorial authority to appoint one or more Licensing Inspectors. If there is more than one Inspector, then one must be appointed as Chief Licensing Inspector.
There are currently four Licensing Inspectors and one Chief Licensing Inspector covering the Far North District.
The function of a Licensing Inspector includes
· Inquire into and report on every application and renewal to the District Licensing Committee or ARLA
· Collaborate with the other regulatory agencies (Police and Medical Officer of Health)
· Monitor licensed premises for compliance with the Act
· Investigate and respond to complaints regarding licensed premises.
There are four kinds of licences that can be issued to a premise
· On-licence – this licence is held for a premise where the licensee can sell and supply alcohol for consumption there and can let people consume alcohol. Some on-licence premises also have a BYO endorsement
· Off-licence - this licence is held for a premise where the licensee can sell consumption elsewhere. Some off-licence premises have a “sale for delivery and sales at distance” endorsement where they can sell alcohol on or from the premises and deliver it somewhere else
· Club licence - this licence is held for a premise where the licensee can only sell and supply alcohol to authorised customers (member or visitor of member of the club) for consumption there
· Special licence – A special licence is applied for when the premises does not hold an alcohol licence or when the licensee would like to extend their licensed area or licensed hours for an event(s). There are two kinds of special licences - an on-site and off-site special licence
Every holder of an on-licence must appoint a Manager or Managers in accordance with the Act. Council Inspectors must inquire into and file with the Licensing Committee a report on every “Managers Certificate” application.
A Duty Manager of a licensed premise is responsible for the compliance with and enforcement of the provisions of the Act and the conditions of the licence for the premises. They are also responsible for the conduct of the premises with the aim of contributing to the reduction of alcohol related harm.
The Sale and Supply of Alcohol Act 2012 states that it is an offence to:
§ Sell or supply alcohol to intoxicated persons
§ Allow any person to become intoxicated on licensed premises
§ Allow drunkenness or disorderly behaviour on licensed premises
§ Any licensee, manager or server of alcohol has a legal obligation to refuse to supply alcohol to an intoxicated person, to allow a person to become intoxicated on licensed premises or to allow an intoxicated person to remain on the premises.
The principles of host responsibility include:
§ The provision and promotion of food, non and low alcohol drinks
§ Serving alcohol with care and responsibility
§ Responsible approaches to dealing with intoxicated and underage people
§ The arrangement of safe transport options
Discussion and Next Steps
Registered Premises
There are currently 257 licensed premises in the district. These are made up of:
126 – on licences
81 – off licences
50 – club licences
A licensee is required to renew their licence:
· Annually for a licence that has not been renewed before; or
· Every three years for a licence that has been renewed before
Good Host Visits
Between 1 July 2020 – 31 October 2020 a total of 78 good host visits (GHVs) have been completed by the Environmental Health Services team.
72 of these good host visits had a “compliant” inspection result and six visits had a “non - compliant” inspection result.
A “non-compliant” result is an outcome where the inspector has observed the licensee not meeting their obligations under the Act.
Five of these “non-compliant” outcomes were minor breaches such as the duty managers name being displayed incorrectly.
In these instances, following the Voluntary-Assisted-Directed-Enforced (VADE) model-based approach, the Inspectors have used education to enable compliance.
One of the “non-compliant” outcomes was deemed serious. This related to a licensee selling product that was not permitted under their licence conditions, where they had already been advised they could not sell the product.
Evidence detailing this breach was provided to the local Alcohol Harm Reduction Police Officer who issued an infringement notice to this licensee.
The Level of Service KPI target for the Long-Term Plan for GHVs is for all licensed premises to have inspections at least once every four years (≥25% of premises visited annually)
To date the team are already tracking at 30% of licensed premises visited with 78 out of 257 licensed visited between 1 July 2020 – 31 October 2020.
Number of Licences issued 2019-2020
Type of Licence |
Number Issued |
Number Refused |
Number Withdrawn |
On Licence |
54 |
0 |
2 |
Off Licence |
31 |
0 |
4 |
Club Licence |
9 |
0 |
1 |
Special Licence |
154 |
0 |
0 |
Manager’s certificates 2019-2020
Number Issued |
380 |
Number Refused |
0 |
Number Withdrawn |
7 |
Compared to last financial year the number of licences and certificates issued is similar.
During COVID19 lockdown (March/April 2020) there was a slight decrease in the number of applications received. Outside of lockdown there have been no obvious changes or trends in the committee’s workload.
Process Improvements
In the past two months the team have focused on several process improvements. Some improvements to note are:
· Reviewed alcohol licensing processes – from lodgement of applications by the Administration team through to good host visits - the aim of this process improvement was to confirm roles and responsibilities to improve our service to internal and external customers
· Mobile inspection tool for good host visits – the aim of this process was to reduce the time spent on carrying out these inspections and processing the inspection checklist
· Reviewed alcohol application forms to make applications more customer friendly and improve the quality of applications being lodged with the licensing committee
· Monthly meetings held with the Police and Medical Officer of Health with full team of Environmental Health Officers to discuss alcohol licensing matters. These meetings have proven to be invaluable in improving agency relationships and sharing knowledge.
· Regional “Inter-agency alcohol liaison” has been re-established after five years to occur on a quarterly basis; these forums include Whangarei District Council, Kaipara District Council, Police, Medical Officer of Health and Fire and Emergency NZ, fostering consistency of alcohol licensing practices across the District and improving collaboration.
Financial Implications and Budgetary Provision
There are no financial or other resource implications regarding this report.
Nil
Compliance schedule:
Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation
to decision making, in particular:
1. A Local authority must, in the course of the decision-making process,
a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and
b) Assess the options in terms of their advantages and disadvantages; and
c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.
2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.
Compliance requirement |
Staff assessment |
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy |
Low Significance – this matter does not meet the criteria/threshold for a matter of significance |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
Sale and Supply of Alcohol Act 2012 Local Government Act 2002 LTP Community Outcomes: Communities that are healthy, safe, connected and sustainable.
|
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought. |
District Wide Significance |
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. |
No specific implications |
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities. |
Information report only |
State the financial implications and where budgetary provisions have been made to support this decision. |
There are no financial implications |
Chief Financial Officer review. |
The Chief Financial Officer has reviewed this report. |
1 December 2020 |
5.2 Update Report: Bylaw Enforcement
File Number: A3003300
Author: Rochelle Deane, Manager - Environmemental Service
Authoriser: Dean Myburgh, General Manager - District Services
Purpose of the Report
To provide an update to the committee on Bylaw enforcement activity for the Far North district.
Executive Summary
Bylaws are local laws made by Council which apply only to the district. Bylaws are made under the Local Government Act 2002 as well as any other legislation specific to the activity being regulated.
Bylaws are reviewed every five to ten years. This process involves public consultations to make sure the bylaws are useful and reflect what the district needs. Many FNDC bylaws are currently revoked as they were not reviewed by the date required.
A work programme is now in progress to address bylaws identified as revoked by the Strategy and Policy team.
This report is an update on Bylaw enforcement over the district by the Council’s Monitoring and Compliance team.
That the Regulatory Compliance Committee receive the report Update Report: Bylaw Enforcement. |
Background
There are nine staff in the Monitoring team, of which five have bylaw enforcement as part of their responsibilities.
The Bylaw Monitoring team investigate bylaw breaches that are proactively seen or that are reported to us.
Several statutes empower the council to make bylaws. The most significant legislation is the Local Government Act 2002.
Using the Voluntary-Assisted-Directed-Enforced (VADE) model approach, Monitoring Officers can use a range of compliance methods to respond to bylaw breaches.
These include:
· advice and education
· issuing warnings
· prosecution
The Local Government Act does not have provisions to issue infringements for Bylaw breaches.
The Monitoring team monitor eight bylaws as shown in the table below:
|
Bylaw Title |
Status |
1 |
Control of Earthworks Bylaw 2019 |
Active |
2 |
Control of On-site Wastewater Disposal Systems Bylaw 2010 |
Revoked |
3 |
Control of the Use of Public Spaces Bylaw 2010 |
Revoked |
4 |
Control of Vehicle Crossings Bylaw 2010 |
Revoked |
5 |
Keeping of Animals, Poultry and Bees Bylaw 2007 |
Revoked |
6 |
Mobile Shops and Hawkers Bylaw 2010 |
Revoked |
7 |
Parking and Traffic Control Bylaw 2010 |
Review date 17 June 2020 |
8 |
Vehicles on Beaches Bylaw 2015 |
Review date 12 March 2020 |
Even though the bylaws are revoked they remain relevant for achieving outcomes such as protecting public health and safety. These rules should still be taken into consideration by the community and Council officers continue to enforce for the protection of public safety, private property and the rights of individuals and organisations. The authority to continue to regulate in these areas is provided by governing Acts and Regulations in the respective areas.
Discussion and Next Steps
The number of Bylaw Requests for Service (RFSs) received have dropped significantly compared with the previous two years. The significant differences shown between 2018/2019 and 2019/2020 can be attributed to a correction of coding errors in recording RFSs in October 2018. There was also a drop in RFSs received during the Covid lock down period.
As many of the FNDC bylaws are currently revoked, this may also account for a drop in the number of RFS received.
Bylaw RFS’s received during the current financial year have the following issues reported:
· signage
· keeping of pigs, bees and chickens
· roosters crowing (noise issues can also be dealt with s16 RMA)
· removal of trees on public land
· street vendors and mobile shops
· earthworks
· erection of fencing on public land
· vehicle crossings with no permit
· private cars for sale on roads
All RFSs to date have been managed through education, formal letters and warnings. There is no
provision under the LGA to issue infringements for bylaw breaches.
Licences/Permits can be obtained to permit activities within a bylaw. The majority of permits issued
over the first quarter are for alfresco dining and mobile hawker licenses. As expected, tour
operator permits are lower than for previous years.
Financial Implications and Budgetary Provision
There are no financial or resource implications associated with this report.
Nil
Compliance schedule:
Full consideration has been given to the provisions of the Local Government Act 2002 S77 in relation
to decision making, in particular:
1. A Local authority must, in the course of the decision-making process,
a) Seek to identify all reasonably practicable options for the achievement of the objective of a decision; and
b) Assess the options in terms of their advantages and disadvantages; and
c) If any of the options identified under paragraph (a) involves a significant decision in relation to land or a body of water, take into account the relationship of Māori and their culture and traditions with their ancestral land, water sites, waahi tapu, valued flora and fauna and other taonga.
2. This section is subject to Section 79 - Compliance with procedures in relation to decisions.
Compliance requirement |
Staff assessment |
State the level of significance (high or low) of the issue or proposal as determined by the Council’s Significance and Engagement Policy |
Low Significance – this matter does not meet the criteria/threshold for a matter of significance |
State the relevant Council policies (external or internal), legislation, and/or community outcomes (as stated in the LTP) that relate to this decision. |
Local Government Act 2002 FNDC Bylaws LTP Community Outcomes: Communities that are healthy, safe, connected and sustainable.
|
State whether this issue or proposal has a District wide relevance and, if not, the ways in which the appropriate Community Board’s views have been sought. |
District Wide Significance |
State the possible implications for Māori and how Māori have been provided with an opportunity to contribute to decision making if this decision is significant and relates to land and/or any body of water. |
No specific implications |
Identify persons likely to be affected by or have an interest in the matter, and how you have given consideration to their views or preferences (for example – youth, the aged and those with disabilities. |
Information report only |
State the financial implications and where budgetary provisions have been made to support this decision. |
There are no financial implications |
Chief Financial Officer review. |
The Chief Financial Officer has reviewed this report. |
1 December 2020 |
RESOLUTION TO EXCLUDE THE PUBLIC
That the public be excluded from the following parts of the proceedings of this meeting. The general subject matter 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 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:
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