Agenda of Regulatory Compliance Committee Meeting

	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

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
Hon John Carter QSO	Carter Family Trust
Kelly Stratford (Chair)	KS Bookkeeping and Administration	Business Owner, provides bookkeeping, 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
	He Puna Aroha Putea Whakapapa	Trustee	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Kawakawa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	Whangaroa Returned Services Association	Member	May be perceived conflicts	Should conflict arise, step aside from voting should they apply for funds
	National Emergency Management Advisor Committee	Member		Case by case basis
	Te Rūnanga ā Iwi o Ngāpuhi	Tribal affiliate member	As a descendent of Te Rūnanga ā Iwi o Ngāpuhi I could have a perceived conflict of interest in Te Rūnanga ā Iwi o Ngāpuhi Council relations	Declare a perceived conflict should there appear to be one
	Te Rūnanga ā Iwi o Ngāti Hine	Tribal affiliate member	Could have a perceived conflict of interest	Declare a perceived conflict should I determine there is a conflict
	Kawakawa Business and Community Association	Member		Will declare a perceived conflict should there appear to be one
Kelly Stratford - Partner	Chef and Barista	Opua Store	None perceived
Kelly Stratford - Partner	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
David Collard (Deputy Chair)	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
	District Licensing	N/A	N/A	N/A
	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
	Vision Kerikeri	Financial Member
Rachel Smith (Partner)	Property Owner	Kerikeri
	Friends who work at Far North District Council
	Kerikeri Cruising Club	Subscription Member and Treasurer
	Vision Kerikeri	Financial Member
	Town and General Groundcare Limited	Director, Shareholder
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

Regulatory Compliance Committee Meeting Agenda

30 November 2021

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

File Number: A3052655

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 12 October 2021 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. 2021-10-12 Regulatory Compliance Committee Minutes - A3433699 ⇩

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.

MINUTES OF Far North District Council
Regulatory Compliance Committee Meeting
HELD AT THE held virtually via Microsoft TEAMs
ON Tuesday, 12 October 2021 AT 1.00 pm

PRESENT: Chairperson Kelly Stratford, Cr Dave Collard, Mayor John Carter (HWTM), Deputy Mayor Ann Court, Cr Rachel Smith, Cr John Vujcich, Member Belinda Ward

IN ATTENDANCE: Shaun Clarke (Chief Executive Officer), William J Taylor, MBE (General Manager Corporate Services), Dean Myburgh (General Manager Districts Services), Andy Finch (General Manager Infrastructure and Asset Management), Darren Edwards (General Manager Strategic Planning and Policy)

1 Karakia TimatAnga – Opening Prayer

Chair Kelly Stratford opened the meeting with a karakia.

2 Ngā Whakapāha Me Ngā Pānga Mema / Apologies and Declarations of Interest

No apologies or declarations of interest at the time of the meeting.

3 Ngā Tono Kōrero / Deputation

No deputations at the time of the meeting.

4 Confirmation of Previous Minutes

4.1 Confirmation of Previous Minutes

Agenda item 4.1 document number A3052648, pages 14 - 18 refers.

Resolution 2021/29

Moved: Cr John Vujcich

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee confirms that the minutes of the meeting of the Committee held 7 September 2021 are a true and correct record.

In Favour: Crs Kelly Stratford, Dave Collard, John Carter, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5 Information Reports

5.1 Noise Control and Parking Enforcement Update

Agenda item 5.1 document number A3404022, pages 19 - 31 refers

Resolution 2021/30

Moved: Cr Dave Collard

Seconded: Mayor John Carter

That the Regulatory Compliance Committee receive the report Noise Control and Parking Enforcement Update.

In Favour: Crs Kelly Stratford, Dave Collard, John Carter, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5.2 Environmental Health Services: Food Licensing Update

Agenda item 5.2 document number A3414998, pages 32 - 57 refers

Resolution 2021/31

Moved: Cr Rachel Smith

Seconded: Deputy Mayor Ann Court

That the Regulatory Compliance Committee receive the report Environmental Health Services: Food Licensing Update.

In Favour: Crs Kelly Stratford, Dave Collard, John Carter, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5.3 DIstrict Services Monthly business Report for August 2021

Agenda item 5.3 document number A3428935, pages 58 - 99 refers

Resolution 2021/32

Moved: Deputy Mayor Ann Court

Seconded: Cr Dave Collard

That the Regulatory Compliance Committee receive the report District Services Monthly business Report for August 2021.

In Favour: Crs Kelly Stratford, Dave Collard, John Carter, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

5.4 Regulatory Compliance Committee Action Sheet Update October 2021

Agenda item 5.4 document number A3410304, pages 100 - 102 refers

Resolution 2021/33

Moved: Cr Rachel Smith

Seconded: Mayor John Carter

That the Regulatory Compliance Committee receive the report Action Sheet Update October 2021.

In Favour: Crs Kelly Stratford, Dave Collard, John Carter, Ann Court, Rachel Smith, John Vujcich and Belinda Ward

Against: Nil

Carried

6 Karakia Whakamutunga – Closing Prayer

Chair Kelly Stratford closed the meeting with a karakia

7 tE kAPINGA hUI / Meeting Close

The meeting closed at 2:34 pm.

The minutes of this meeting will be confirmed at the Regulatory Compliance Committee Meeting held on 30 November 2021.

...................................................

CHAIRPERSON

Regulatory Compliance Committee Meeting Agenda

30 November 2021

5 Information Reports

5.1 Trade Waste Monitoring

File Number: A3464313

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To update Regulatory Compliance Committee on the frequency of issues reported to Council concerning grease traps and trade waste.

WHAKARĀPOPOTO MATUA / Executive SummarY

· At the FNDC Bylaw Hearings Meeting held on 26 October 2021, a submission was received from Jeff Garnham of Ngā Tai Ora, Public Health Northland for the On-site Wastewater Disposal Systems Bylaw – see attachment A for submission.

· As a result of the submission, a report was requested to update the Regulatory Compliance Committee on the frequency of issues concerning grease traps and trade waste reported to Council.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Trade Waste Monitoring.

tĀHUHU KŌRERO / Background

The development of the draft Trade Waste bylaw was led by Infrastructure Planning in 2017/18.

A survey was sent to all commercial properties that were connected to a wastewater system asking about trade waste.

Council adopted the Statement of Proposal for the Trade Waste Bylaw on 11 May 2017, and consultation ran from 26 June - 28 August 2017, with 18 submitters making formal submissions. Of these submissions, 16 opposed the proposed changes and two supported them. Nine submitters asked to speak at the hearing.

The Bylaw was progressed to a draft stage and presented to the Committee on 11 Oct 2017, with a recommendation to go out for further public consultation.

The resolution was as follows:

Table

Description automatically generated with medium confidence

A working group (staff, community board members, members of the public, EMs) was then organised. However, meetings ceased due to many original members leaving the group.

At the beginning of 2019 the Strategy Development team assessed the status of all bylaws. After carefully going back over minutes from all previous meetings it was concluded, with support from Legal Services, that the status of any bylaw for trade waste should be as follows:

Issue addressed: This bylaw controls the discharge of trade wastes to the sewerage system. The issue that this bylaw addresses is equity amongst businesses that discharge waste. There is a perception that trade waste businesses should pay more because the type of discharge causes greater damage to the sewerage system overtime.

Automatically revoked

This bylaw was made on 16/10/2009 and should have been reviewed 5 years later by 16/10/2014. A review was completed on 05/05/2016 but the bylaw was left to lie on the table and has not been adopted. The bylaw was automatically revoked on 16/10/2016 under sec 160A of the LGA.

As a result, there is currently no local regulation to control discharge of trade waste to our wastewater treatment systems.

The recent Bylaw Hearings meeting is the first time that this bylaw has been raised since the resolution in 2017.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

From a Regulatory perspective:

· S15 of the RMA and S124 of the Building Act gives council all the authority it needs to deal with failing, malfunctioning, leaking etc. on-site waste systems (OSDs).

· Grease traps are used by commercial businesses in their wastewater, not OSDs. A building consent is required to install one. G13 of the Building Code addresses this. There are two scenarios relating to grease traps. The first that it is discharged to a town sewer in which case Infrastructure and Asset Management must be satisfied with the design and its discharge to the town sewer. The second that the onsite grease trap is discharging to a private system in which case the manufacturer must be satisfied that the system will meet design outputs.

· Environmental Services Monitoring have not had any complaints made for trade waste or grease traps over the past four and a half years.

· Building Compliance are not able to provide any report on the number of queries regarding grease traps. However, these are very uncommon and limited to the odd enquiry mainly from the Environmental Health teams where a grease trap has required maintenance.

· Compliance Administration do not maintain the grease traps by sending out reminder letters. However, if a contractor is contacted by a customer and supplies a copy of the report relating to the grease trap then the council records are updated with that information.

· There are currently 200 grease traps in the “current status” in Council’s OSD records.

· Environmental Health Services are not required to specifically look at grease traps when they are conducting an onsite verification at a food premises. Environmental Health Officers do, however, note if a grease trap needs emptying and will often ask the operator to tend to it.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial of resource implications associated with this report.

Āpitihanga / Attachments

1. Attachment A Onsite Wastewater Bylaw - Jeff Garnham - Nga Tai Ora Public Health Northland - A3473549 ⇩

Text, letter

Description automatically generated

Regulatory Compliance Committee Meeting Agenda

30 November 2021

5.2 Alcohol Licensing Update

File Number: A3468766

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To report to the committee on:

· The number of alcohol licenses issued.

· The number of renewed licenses.

· The number of objections received and their outcomes.

WHAKARĀPOPOTO MATUA / Executive SummarY

· This report is an update on alcohol licensing activities in the district between 1 January 2021 and 31 October 2021, the period since the last Committee Report.

· There continues to be a significant drop in the number of special alcohol licences received. A special licence is required for ticketed events like festivals, concerts, and sporting events where alcohol is included in the ticket price or sold at a bar. The reduction in these types of events is expected due to the uncertainty of Covid restrictions.

· On-, off-, club- and managers’ licence renewals have increased, which is encouraging for premises continuing to operate in the district.

· During this report period there have been seven objections received against five applications. All objections were subsequently withdrawn, and the licences issued. District Licensing Committee (DLC) hearing outcomes have resulted in one licence granted, one licence refused, and one decision appealed which is currently before the Alcohol Regulatory Licensing Authority (ARLA) for determination.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Alcohol Licensing Update.

tĀHUHU KŌRERO / Background

There are four kinds of alcohol licence that can be applied for and issued.

· On-licence – this licence is held for a premise where the licensee can sell and supply alcohol for consumption there and can allow people to 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.

A licensee is required to renew their license:

· Annually for a licence that has not been renewed before; or

· Every three years for a licence that has been renewed before.

Managers Certificates

Except for BYO restaurants, all on-, off- and club- licensed premises must appoint a manager who holds a manager’s certificate.

The manager must be on duty when alcohol is sold. There are exceptions to this for BYO licenses, club licences, remote sellers, and off-licence cellar door sales where there is no licence condition to require it.

The manager’s name must be prominently always displayed inside the premises while on duty.

The manager is responsible for the compliance with the conditions of the licence and provisions of the Sale and Supply of Alcohol Act 2012, which include ensuring the safe and responsible sale and supply of alcohol and minimising alcohol-related harm.

The holder of a Manager’s Certificate is required to renew their certificate:

· Annually for a certificate that has not been renewed before, or

· Every three years for a certificate that has been renewed before.

District Licensing Committee (DLC)

Each territorial authority must appoint a DLC to manage licensing matters within its district under the Sale and Supply of Alcohol Act 2012 (the Act).

Within their local areas, DLCs decide applications for:

· new and renewal applications for on-, off- and club licences.

· special licences.

· new and renewal applications for manager’s certificates.

· opposed acting or temporary appointments of managers.

· variation of licence conditions.

· temporary authorities and temporary licences.

· orders to vary, revoke, suspend or cancel a special licence.

A DLC is made up of a chair and two members who have terms of office up to five years.

The quorum for a DLC meeting is three members, except when licence or manager’s certificate applications have no objections or matters raised in opposition. In these instances, the Chair can form a quorum of one.

A DLC hearing is held where there are public or agency objections to an application.

A DLC considers the application, agency reports, evidence and submissions presented to it against the criteria in the Act and any relevant case law. It then objectively determines facts and draws conclusions from them to make its decision.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Number of Alcohol Licences Issued.

For the period 1 January 2021 to 31 October 2021 there has been a total of 197 alcohol licenses issued. This is an increase of 50 licences from the same period last year.

The following table includes all new and renewed licenses issued by Ward during this period:

Ward	Off Licence	On Licence	Club Premises	Special Licence	Temporary Off Licence	Temporary On Licence	Total
Te Hiku	8	12	6	20	1	2	49
Kaikohe- Hokianga	9	7	4	11	3	0	34
BOI- Whangaroa	19	37	8	23	16	11	114
Total	36	56	18	54	20	13	197

Special Licenses

A total of 54 Special Licenses were applied for and issued between 1 January 2021 – 31 October 2021, compared with 64 for the same period last year. There has been a noticeable decrease in the number of special license applications. This is most likely due to the uncertainty in being able to hold events and the COVID19 restrictions for events.

The highest number of special licenses issued in 2021 were 11 issued in February and 12 issued in March.

New and Renewed Licenses

The following information includes all new and renewed licenses that have been issued (by type and by month). It does not include the special licenses or temporary licences as they are not able to be renewed. There have been 110 new or renewed licences compared to 70 for the same period last year.

Month	Off Licence New	Off Licence Renewal	On Licence New	On Licence Renewal	Club Premises New	Club Premises Renewal	Total
January	0	6	0	9	0	0	15
February	0	3	1	5	0	1	10
March	1	2	1	5	0	1	10
April	1	3	2	2	0	1	9
May	1	1	0	4	0	0	6
June	1	2	2	5	1	1	12
July	3	5	1	8	1	2	20
August	1	0	1	2	1	4	9
September	1	1	2	2	1	3	10
October	1	3	0	4	0	1	9
Total	10	26	10	46	4	14	110

Managers Certificates (new / renewed)

For the period 1 January 2021 – 31 October 2021, a total of 326 Managers Certificates were issued, compared to 249 issued for the same period in 2020. Of the Managers Certificates issued, 152 were new certificates and 174 were renewals.

Month	New	Renewal	Total
January	7	4	11
February	22	21	43
March	22	29	51
April	13	9	22
May	10	12	22
June	21	18	39
July	12	22	34
August	19	22	41
September	17	20	37
October	9	17	26
Total	152	174	326

Objections

During the period of 1 January 2021 – 31 October 2021, a total of seven objections were received against five applications.

The objections received during 1 January 2021 – 31 October 2021 are explained in the following table:

Application Date	Application Type	Trading Name	Number of Objections	Outcome
05/05/2021	Variation of ON Licence	Duke of Marlborough	One public objection – objecting due to road safety concerns. No opposition from Inspector, Police or MoH.	Objection was withdrawn on 3 June 2021 and variation was granted on 16 August 2021.
12/05/2021	ON Licence	The Nauti Penguin	One public objection – objecting due to design of premises and amenity and good order One public objection – objecting due to design of premises and amenity and good order No opposition from Inspector, Police or MoH.	Both objections withdrawn on 30 July 2021 and licence was granted on 5 August 2021.
12/05/2021	OFF Licence	The Nauti Penguin	One public objection – objecting due to design of premises and amenity and good order One public objection – objecting due to design of premises and amenity and good order No opposition from Inspector, Police or MoH.	Both objections withdrawn on 30 July 2021 and licence was granted on 5 August 2021.
20/05/2021	ON Licence	Taipa Tavern	One public objection – objecting due to design of premises, suitability of the application and other activities not related to the sale of alcohol and refreshments. No opposition from Inspector, Police or MoH.	Objection was withdrawn on 30 June 2021, on licence was renewed on 8 July 2021.
20/05/2021	OFF Licence	Taipa Tavern	One public objection – objecting due to design of premises, suitability of the application and other activities not related to the sale of alcohol and refreshments. No opposition from Inspector, Police or MoH.	Objection was withdrawn on 30 June 2021, on licence was renewed on 8 July 2021.

Hearings

The District Licensing Committee (DLC) can consider applications in a public hearing where they have been opposed or unopposed. Three hearings were held between 1 January 2021 – 31 October 2021 and these are outlined in the following table:

Application Type	Trading Name	Hearing Date	Reason for Hearing	Outcome
New Off Licence	Far North Wines & Spirits	19 March 2021	4 x objections received in 2020 (as reported in previous Committee report)	New on licence granted on 25 March 2021.
New Off Licence	Shopping Square (Kaikohe)	23 April 2021	No objections, DLC directed that application to be determined at a public hearing.	New off licence refused on 3 May 2021.
Renewal of On Licence	Pipi Patch	14 May 2021	2 x objections received in 2020 (as reported in previous Committee report)	Renewal of on licence granted on 26 May 2021. The DLC decision has been appealed and is currently before the Alcohol Regulatory Licensing Authority (ARLA) for determination.

Annual Report to the Alcohol Regulatory Licensing Authority (ARLA)

As per section 199 of the Sale and Supply of Alcohol Act, within 3 months after the end of the financial year, Council must prepare and send to ARLA a report of the proceedings and operations of its DLC during the year. Council filed its annual report with ARLA on 9 August 2021, a copy of this report is attached. Attachment A: ARLA Annual Report and Attachment B: ARLA Annual Report – Licensed Premises List.

Alcohol Licensing Improvements / Strategies

A list of the alcohol licensing teams’ improvements or strategies that were carried out between 1 January 2021 – 31 October 2021 are outlined below:

• All new Manager Certificate applicants are interviewed (in person or virtually) at application stage to assess their experience and knowledge under the Sale and Supply of Alcohol Act 2012.

• Webinar held on 7 October 2021 with Event Organisers. The purpose of the workshop was to provide event organisers with the information they need to hold an event in the district.

• All alcohol application forms were reviewed during September – October 2021 and updated.

The licensing team published its first alcohol newsletter in November 2021, refer attachment C. The team will be publishing alcohol newsletters on a quarterly basis. The purpose of the newsletters is to deliver important messages about alcohol licensing to licensees as well as the public.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial implications with this report.

Āpitihanga / Attachments

1. Attachment A ARLA Annual Report 2020_2021 - A3473278 ⇩

2. Attachment B ARLA Annual Report 2020_2021 - Licensed Premises List - A3473279 ⇩

3. Attachment C Alcohol Licensing Newsletter November 2021 - A3489056 ⇩

Regulatory Compliance Committee Meeting Agenda

30 November 2021

5.3 Update Report: Environmental Services Monitoring and Compliance

File Number: A3471997

Author: Rochelle Deane, Manager - Environmental Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To provide an update to the committee on:

• The Monitoring of Resource Consent Conditions

• District Plan Breaches

WHAKARĀPOPOTO MATUA / Executive SummarY

Under the Resource Management Act 1991 (RMA), local authorities are responsible for monitoring to ensure activities meet requirements under the RMA, plan rules and resource consents.

Monitoring provides a feedback mechanism for FNDC that tests the efficiency and effectiveness of planning processes and provides a quality control mechanism.

The RMA does not prescribe how councils should carry out this function - councils have discretion to determine how to achieve compliance in their respective areas.

FNDC use compliance promotion (such as education, on-site directions, and awareness-raising) as the preferred method for encouraging compliance. When necessary, FNDC can use formal enforcement action to discourage and penalise non-compliance and direct remediation of the damage.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Update Report: Environmental Services Monitoring and Compliance.

tĀHUHU KŌRERO / Background

The FNDC Compliance and Monitoring team helps to ensure the protection and enhancement of our district environments.

We achieve this through education, monitoring and enforcement of resource consent conditions, and compliance with the District Plan and Resource Management Act 1991.

The team's functions include:

• monitoring and enforcing land-use resource consent conditions

• monitoring compliance with the requirements of the FNDC District Plan

• monitoring compliance with the Resource Management Act 1991 (RMA)

• responding to and investigating District Plan related and resource consent related complaints

• working with site owners and the public as to their obligations under the District Plan and/or resource consent

When a resource consent is granted, it may be subject to specific conditions. These can be wide- ranging and cover many aspects. Council’s Monitoring Officers check that all the conditions outlined in resource consents are complied with throughout the development and for the life of the consent. Some typical conditions relate to:

• building and structure site location

• car parking layout

• landscaping requirements

• hours and conditions of operation

There is a range of non-compliance activities requiring investigation. Some of the more common ones include:

• Non-complying home-based activities in which the subject site is located.

• signage on private land.

• setback infringements.

• noncomplying earthworks.

Enforcement action can be taken in cases of non-compliance with the Resource Management Act, a resource consent condition, or a District Plan rule.

There are several enforcement options available to Council. The decision about which option to use is based on:

• the nature and scale of the non-compliance.

• effects generated.

• perceived level of deterrence required.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

Resource Consent Monitoring

Councils have the discretion to determine what resource consents to monitor and how often. Not all Resource Consents (RC) are issued with conditions that require monitoring.

The graph below reflects the new way of working created by a business improvement which began in July 2021. When RC’s have a decision issued, the Resource Consent Monitors are now automatically notified and, rather than creating a new application, the status of the RC application is updated to “MRC Lodged’.

This process saves considerable administration time and, although there have been some teething problems, is proving to be an effective change.

In the graph September and October data are low. There will always be a lag in the data due to the statutory fifteen-day appeal period once a decision is issued. Resource consent monitoring does not commence until at least twenty working days from the date of issue to allow for the appeal period and any administration time required to lodge an appeal.

The position of Resource Consent Monitoring officer was transitioned into the Monitoring team from the Resource Consents team as a result of the Functional Review undertaken in 2018. This move triggered a complete review of how many consents were outstanding and what practices and procedures were in place for monitoring them.

At the time, this revealed a backlog of approximately 1600 un-monitored Resource Consents. This backlog was caused by Resource Consents being issued whilst not having enough resources available to monitor them efficiently in the past. Consequently, an extra fixed term position was approved to assist in reducing the backlog. Great progress has been made to date reducing this figure to 527 as at October 2021.

There have been several changes in both the full-time and fixed-term monitoring roles over the past two years. These changes, together with being unable to monitor during the Covid-19 period, have resulted in delays in reducing the backlog and in also addressing new Resource Consents.

The fixed term role currently is to 30 June 2022. However with the high volume of Resource Consent decisions being issued along with the current backlog, the continued workload would support this being a permanent arrangement.

District Plan RFSs

The Monitoring and Compliance team investigates breaches of the District Plan.

The graph below shows the number of RFSs received for potential District Plan breaches for the last two financial years and the current year. District Plan RFSs have increased, which may reflect the increasing population of the district.

A rule breach equates to a breach of section 9 of the RMA. Compliance can be gained through advice, letters, abatement notices, infringements, and prosecution. The Monitoring team’s policy is to promote voluntary compliance with the District Plan, however, there have been times during an investigation where it becomes necessary to escalate our enforcement process, as directed by the VADE (Voluntary-Assisted-Directed-Enforced) model.

The RMA allows a warranted monitoring officer to issue an abatement notice to direct an offender to do something or cease something that is causing a breach of the RMA. Usually this means ceasing a breach of a rule in the District Plan. Abatement notices can also be issued for failing to comply with a condition in a resource consent. The graph below shows how many abatement notices have been issued by the Monitoring team from 2019 to present.

Abatement notices are issued with a specific date by which the offender must comply. If an offender has not complied with an abatement notice and is not showing a willingness to co-operate with Council, an Environmental Infringement Notice (EIN) of $750 can be issued. The graph below shows how many EIN’s have been issued by the monitoring team from 2018 to present.

If no EINs have been issued, this is partly due to the level of gaining compliance without having to infringe and in some cases due to Covid lockdown restrictions.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial or other resource implications regarding this report.

Āpitihanga / Attachments

Nil

Regulatory Compliance Committee Meeting Agenda

30 November 2021

5.5 Building Services update

File Number: A3481456

Author: Trent Blakeman, Manager - Building Services

Authoriser: Dean Myburgh, General Manager - District Services

TAKE PŪRONGO / Purpose of the Report

To provide the Regulatory Compliance Committee with an update on the current state of the Building Services department which includes the statutory compliance of the Building Consents Authority (BCA) with the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations) and that of the Building Compliance Function (Territorial Authority (TA)).

WHAKARĀPOPOTO MATUA / Executive SummarY

· Within the 2022 financial year to the end of October, the BCA has received 639 building consent applications, returned 83 of these as incomplete and issued 534 building consents. 455 Code compliance certificates were received and 434 were issued. Building consent compliance sits at 99.28% for the year to date, with building consents being issued on average at 11 days. Code compliance certificates are issued on average in 7 days and the compliance rate is 99.56%. To date, the building consents being received are 91.4% residential and 8.6% commercial.

· The BCA have just completed their International Accreditation New Zealand (IANZ) Special Assessment and the Auditors were very satisfied with what they found. Only 4 general non-compliances were raised, and all were cleared before the end of the 2-day Special Assessment. The BCA have retained their accreditation and currently await receipt of the final audit report and accreditation certificate. This Assessment focused on quality management and the full audit next October will again look at quality management, but also include a full technical assessment.

· The building compliance team have fielded around 232 RFSs to the end of October, inspected 68 swimming pools with a pass rate of 78%, conducted 111 Building Warrant of Fitness (BWOF) audits, issued 67 notices to fix, assessed and issued 29 certificate of acceptances and issued 17 infringements. Considering the disruptions of lockdowns and Covid protocols, the team is operating well. Currently a work plan is being implemented to update all processes and procedures to ensure ongoing compliance of the function.

· Inspection wait times are consistently at around 3-4 days in all areas. Cancellations due to the current Covid implications within the industry have played a part in the longer timeframes. To combat this, a standby list for inspections has been introduced and a review of inspections from processing through to final inspection will be undertaken next year in the aim of achieving a 24 to 48 hour wait time.

TŪTOHUNGA / Recommendation

That the Regulatory Compliance Committee receive the report Building Services update.

tĀHUHU KŌRERO / Background

International Accreditation New Zealand (IANZ) has been appointed by the Ministry for Business, Innovation and Employment (MBIE) as the accreditation body that undertakes accreditation assessments against the requirements of the Building (Accreditation of Building Consent Authorities) Regulations 2006 (the Regulations). These requirements are further detailed in MBIE’s regulatory guidance for Building Consent Authorities (BCA), and Accredited Organisations (AO) accredited under the Regulations.

One of the metrics used to measure the performance of the BCA function is its ability to perform certain tasks within a statutory time frame (20 days). This is one of the few metrics that can be measured without the need for audit. The timeframes for processing of Building Consents (BCs) and issuing Code Compliance Certificates (CCC’s) are tracked using the Business Intelligence system (BI).

The Territorial Authority issues: project information memoranda, building consents where the consent is subject to a waiver or modification of the Building Code, certificates of acceptance, certificates for public use, compliance schedules (and amends compliance schedules).

A territorial authority also: Follows up and resolves notices to fix, administers annual building warrants of fitness, enforces the provisions relating to annual building warrants of fitness, enforces provisions relating to residential pools, decides the extent to which buildings must comply with the Building Code when they are altered, the use is changed, or their specified intended life changes, performs functions relating to dangerous or insanitary buildings, performs functions relating to earthquake-prone buildings, performs building safety evaluations following an earthquake or other emergency, determines whether building work is exempt under Schedule 1 from requiring a building consent, carries out any other functions and duties specified in the Building Act 2004.

MATAPAKI ME NGĀ KŌWHIRINGA / Discussion and Next Steps

The BCA will continue to train and grow its competence and capability to regain full processing ability inhouse, while remaining diligent not to slide in the compliance rates. Early next year we will be reviewing the inspectorate to look for further efficiencies and ensure levels of service for the district. This will also aid preparation for the upcoming audit in October 2022.

The building compliance team will receive in-house training from the BCA to further the competence of the building compliance function and continue to update and refine all procedures. The department is still waiting on the outcome of the online audit conducted by MBIE. The ongoing process review and audit will facilitate making further improvements.

PĀNGA PŪTEA ME NGĀ WĀHANGA TAHUA / Financial Implications and Budgetary Provision

There are no financial implications attached to this report

Āpitihanga / Attachments

Nil