Policy and Regulatory subcommittee



6 June 2017




Order Paper for the meeting to be held in the

Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt,







Monday 12 June 2017 commencing at 9.30am









Mr W Unwin, Independent Commissioner (Chair)


Deputy Mayor D Bassett

Cr J Briggs

Cr C Barry

Cr S Edwards

Cr T Lewis

Cr M Lulich

Cr C Milne

Cr L Sutton








For the dates and times of Council Meetings please visit





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



           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.


·                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).



           Any other matters delegated to the Committee by Council in accordance with approved policies and bylaws.



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.









Policy and Regulatory Subcommittee


Meeting to be held in the Council Chambers, 2nd Floor, 30 Laings Road, Lower Hutt on

 Monday 12 June 2017 commencing at 9.30am.




Public Business




1.       APOLOGIES 

Apologies from Deputy Mayor Bassett, Cr Sutton, and Cr Lulich have been received.



Report No. HC2017/3/144 by the Principal Policy Advisor                                3




Susan Haniel





                                                                                       3                                                             12 June 2017

Policy and Regulatory Subcommittee

24 May 2017



File: (17/825)




Report no: HC2017/3/144


Local Alcohol Policy Amendment Hearing


Purpose of Report

1.         To provide information to the Policy and Regulatory Sub-Committee to assist them with their hearing of submissions received to the Draft Local Alcohol Policy.


It is recommended that the Policy and Regulatory Sub-Committee note the information attached to this report.



2.         Attached to this report is the following information to assist  the Policy and Regulatory Sub-Committee  with their deliberations:

a.   Timetable of submissions.  A list of Schedule 1 submitters (those wishing to speak to their submission) and then a Schedule 2 of all other submitters.

b.   Statement of Proposal which was prepared and used by Council during the public consultation process  to outline what Council is proposing.  This includes the DLAP with tracked changes to show what is being proposed, Briefing Paper from Regional Public Health and Police, Report from City Safe Manager and survey results. 

Other Considerations

3.         In making this recommendation, officers have given careful consideration to the purpose of local government in section 10 of the Local Government Act 2002. Officers believe that this recommendation falls within the purpose of the local government in that it describes how it meets the current/future needs of the community.






Summary and Statement of Proposal- Proposed amendment to current LAP WITH ATTACHMENTS March 2017








Author: Graham Sewell

Principal Policy Advisor







Reviewed By: Bradley Cato





Approved By: Wendy Moore

Divisional Manager, Strategy and Planning


Attachment 1

Summary and Statement of Proposal- Proposed amendment to current LAP WITH ATTACHMENTS March 2017
















































[1] When acting in this capacity the committee has a quasi-judicial role.