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.

 

Annual reporting

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

 

Far North District Council

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. 13

2          Apologies and Declarations of Interest 13

3          Deputation. 13

4          Confirmation of Previous Minutes. 14

4.1            Confirmation of Previous Minutes. 14

5          Information Reports. 19

5.1            Environmental Services: Alcohol Licensing Update. 19

5.2            Update Report: Bylaw Enforcement 25

6          Public Excluded. 30

6.1            BCA Regulatory Compliance Update. 30

7          Karakia Whakamutunga – Closing Prayer. 31

8          Meeting Close. 31

 

 


1            Karakia Timatanga – Opening 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.

3            Deputation

No requests for deputations were received at the time of the Agenda going to print.


Regulatory Compliance Committee Meeting Agenda

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.

Recommendation

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.

 

Attachments

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

 


Regulatory Compliance Committee Meeting Agenda

1 December 2020

 

5            Information Reports

5.1         Environmental Services: Alcohol Licensing Update

File Number:           A2999512

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 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.

Recommendation

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.

Attachments

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.

 

 


Regulatory Compliance Committee Meeting Agenda

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.

Recommendation

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.

Attachments

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.

 

 

 


Regulatory Compliance Committee Meeting Agenda

1 December 2020

 

6            Public Excluded

RESOLUTION TO EXCLUDE THE PUBLIC

Recommendation

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:

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Ground(s) under section 48 for the passing of this resolution

6.1 - BCA Regulatory Compliance Update

s7(2)(f)(i) - free and frank expression of opinions by or between or to members or officers or employees of any local authority

s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

 

 

 

 

 

 


Regulatory Compliance Committee Meeting Agenda

1 December 2020

 

7            Karakia Whakamutunga – Closing Prayer

8            Meeting Close