Agenda of Policy and Regulatory

HuttCity_TeAwaKairangi_BLACK_AGENDA_COVER

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,

on:

Monday 12 June 2017 commencing at 9.30am

Membership

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 www.huttcity.govt.nz

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 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.

ORDER PAPER

Public Business

1. APOLOGIES

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

2. CONFLICT OF INTEREST DECLARATIONS

3. LOCAL ALCOHOL POLICY AMENDMENT HEARING (17/825)

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

Susan Haniel

COMMITTEE ADVISOR

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.

Recommendations

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

Background

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.

Appendices