Policy and Regulatory
22 February 2017
Order Paper for the meeting to be held in the
Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,
on:
Monday 27 February 2017 commencing at 5.30pm
Membership
Cr Cousins (Chair)
Cr Edwards (Deputy Chair)
Deputy Mayor Bassett |
Cr Bridson |
Cr Barry |
Cr Briggs |
Cr Lewis |
Cr Lulich |
Cr Milne |
Cr Sutton |
Mayor Ray Wallace (ex-officio) |
|
For the dates and times of Council Meetings please visit www.huttcity.govt.nz
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POLICY AND REGULATORY COMMITTEE
Membership: 11
Meeting
Cycle: Meets on a six weekly basis, as required or at the
requisition of the Chair
Quorum: Half of the members
Membership Hearings: Minimum of either 3 or 4 elected members (including the Chair) and alternates who have current certification under the Making Good Decisions Training, Assessment and Certification Programme for RMA Decision-Makers. The inclusion of an independent Commissioner as the rule rather than the exception
Reports to: Council
PURPOSE:
• To assist the Council monitor the development of strategies and policy that meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.
• To consider matters relating to the regulatory and quasi-judicial responsibilities of the Council under legislation. This includes, without limitation, matters under the RMA including the hearing of resource management applications.
Determine:
· Maintain an overview of work programmes carried out by the Council's Environmental Consents, Regulatory Services and strategy and policy development activities.
• Draft policies for public consultation, excluding those that will subsequently be required to follow a statutory process
• Approval and forwarding of submissions on matters related to the Committee’s area of responsibility
• Hearing and deciding notified resource consent applications.
• Hearing and deciding objections to conditions imposed on resource consents
• Hearing and deciding any matter notified under the Local Government Act 2002
• Hearing and deciding objections to the classification of dangerous dogs under section 31 of the Dog Control Act 1996 and abatement notices regarding barking dogs under section 55 of that Act
• Hearing and deciding objections to the classification of dogs as menacing dogs under sections 33A and 33C of the Dog Control Act 1996
• Hearing objections to specified traffic matters where the community board wishes to take an advocacy role
• Exercising the power of waiver under section 42A (4) of the Resource Management Act of the requirement to provide parties with copies of written reports prior to hearings
• Authorising the submission of appeals to the Environment Court on behalf of Council
• To appoint a subcommittee of suitably qualified persons to conduct hearings on behalf of the Committee. The Chair of the Policy and Regulatory Committee is also delegated this function.
• All statutory requirements under the Reserves Act 1977 that require the Department of Conservation to ratify.
Conduct of Hearings:
• To conduct hearings where these are required as part of a statutory process[1].
• Hearing of submissions required on any matters falling under the Terms of Reference for this committee or delegating to a panel to undertake hearings (this delegation is also held by the Chair of the Policy and Regulatory Committee).
General:
• Any other matters delegated to the Committee by Council in accordance with approved policies and bylaws.
NOTE:
The Ministry for the Environment advocates that Councils offer specialist RMA training in areas of law which are difficult to grasp or where mistakes are commonly made. This is to complement the Good Decision Making RMA training that they run (which is an overview and basic summary of decision making, rather than an in-depth training in specific areas of the RMA). Therefore in order to facilitate this, the RMA training run for councillors that wish to be hearings commissioners is mandatory.
Reasons for the importance of the training:
1 Hearings commissioners are kept abreast of developments in the legislation.
2 Legal and technical errors that have been made previously are avoided (many of which have resulted in Environment Court action which is costly, time consuming and often creates unrealistic expectations for the community).
3 The reputation of Council as good and fair decision makers or judges (rather than legislators) is upheld.
HUTT CITY COUNCIL
Policy and Regulatory Committee
Meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on
Monday 27 February 2017 commencing at 5.30pm.
ORDER PAPER
Public Business
1. APOLOGIES
2. PUBLIC COMMENT
Generally up to 30 minutes is set aside for public comment (three minutes per speaker on items appearing on the agenda). Speakers may be asked questions on the matters they raise.
3. CONFLICT OF INTEREST DECLARATIONS
4. Recommendations to Council - 14 March 2017
a) Wellington Region Natural Hazards Management Strategy (17/35)
Report No. PRC2017/1/29 by the Divisional Manager Environmental Policy 5
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
b) Regional Sport and Recreation Plan for the Wellington Region (17/88)
Report No. PRC2017/1/48 by the General Manager Community Services 7
Chair’s Recommendation:
“That recommendatons (i) to (iii) be endorsed and (iv) to read: that Council appoints Simon Edwards to be the Hutt City political champion for the ‘Regional Sport and Recreation Plan for the Wellington Region’.” |
c) Local Alcohol Policy: Proposed amendment (16/1338)
Report No. PRC2017/1/58 by the Principal Policy Advisor 9
d) Triennial Agreement (17/148)
Report No. PRC2017/1/47 by the General Manager, Governance and Regulatory 22
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
e) Local Governance Statement (17/63)
Report No. PRC2017/1/49 by the Divisional Manager, Secretariat Services 33
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
f) Future of Bell Park (17/9)
Report No. PRC2017/1/50 by the Divisional Manager, Parks and Gardens 37
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
g) Training Policy for Community Boards and Community Committees (16/1207)
Report No. PRC2017/1/51 by the Divisional Manager, Strategy and Planning 41
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
h) Accessibility and Inclusiveness Plan 2017-2027 (17/138)
Report No. PRC2017/1/52 by the Divisional Manager, Strategy and Planning 49
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
i) Dog Control Bylaw
Dog Trial Feedback and Recommendations (17/122)
Report No. PRC2017/1/53 by the Divisional Manager, Regulatory Services 68
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
j) Public Art - Opportunities and Gaps (16/1219)
Report No. PRC2017/1/54 by the Contractor Policy 77
Chair’s Recommendation:
“That the recommendations contained in the report be endorsed.” |
k) Risk and Resilience (17/132)
Report No. PRC2017/1/55 by the Policy Advisor 112
Chair’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
5. Canine Therapy Dogs - Report to be separately circulated (17/308)
Chair’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
6. GM's Report - Governance & Regulatory (17/136)
Report No. PRC2017/1/57 by the General Manager, Governance and Regulatory 122
Chair’s Recommendation:
“That the recommendation contained in the report be endorsed.” |
7. Information Item
Policy and Regulatory Committee Work Programme (17/32)
Report No. PRC2017/1/4 by the Committee Advisor 152
“That the recommendation contained in the report be endorsed.” |
8. QUESTIONS
With reference to section 32 of Standing Orders, before putting a question a member shall endeavour to obtain the information. Questions shall be concise and in writing and handed to the Chair prior to the commencement of the meeting.
Susan Haniel
COMMITTEE ADVISOR