Note: The reports contained within this agenda are for consideration and should not be construed as Council policy
unless and until adopted. Should Members require further information relating to any reports, please contact
the relevant manager, Chairperson or Deputy Chairperson.
I hereby give notice that an ordinary meeting of the Regulatory and Community Safety Committee
will be held on:
Date:
Time:
Meeting Room:
Venue:
Tuesday, 4 June 2024
10.00am
Room 1, Level 26
135 Albert Street
Auckland
Komiti mō te Waeture me te Haumaru ā-Hapori /
Regulatory and Community Safety Committee
OPEN AGENDA
MEMBERSHIP
Chairperson
Cr Josephine Bartley
Deputy Chairperson
Cr Ken Turner
Members
Houkura Member Edward Ashby
Houkura Member Ngarimu Blair
Cr Julie Fairey
Cr Alf Filipaina, MNZM
Cr Mike Lee
Cr Kerrin Leoni
Cr Sharon Stewart, QSM
Ex-officio
Mayor Wayne Brown
Deputy Mayor Desley Simpson, JP
(Quorum 5 members)
Phoebe Chiquet-Kaan
Governance Advisor
28 May 2024
Contact Telephone: 0274069656
Email: phoebe.chiquet-kaan@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
Regulatory and Community Safety Committee
04 Jun 2024
Note: The reports contained within this agenda are for consideration and should not be construed as Council policy
unless and until adopted. Should Members require further information relating to any reports, please contact
the relevant manager, Chairperson or Deputy Chairperson.
ITEM TABLE OF CONTENTS PAGE
1 Ngā Tamōtanga | Apologies 5
2 Te Whakapuaki i te Whai Pānga | Declaration of Interest 5
3 Te Whakaū i ngā Āmiki | Confirmation of Minutes 5
4 Ngā Petihana | Petitions 5
5 Ngā Kōrero a te Marea | Public Input 5
6 Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input 5
7 Ngā Pakihi Autaia | Extraordinary Business 5
8 The Realities and the Needs of People without a Home in Central
Auckland. . . and How we Might Best Respond 7
9 Council homelessness work programme update 9
10 Proactive Boarding House Inspection Programme 11
11 Resource Consent Appeals: Status Report 4 June 2024 15
12 Status Update on Action Decisions from Regulatory and Community
Safety Committee 9 April 2024 19
13 Summary of Regulatory and Community Safety Committee information
memoranda, workshops, and briefings (including the Forward Work
Programme) - 4 June 2024 21
14 Objection to wastewater works at 339 and 341 West Tamaki Road 23
15 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of
Extraordinary Items
Regulatory and Community Safety Committee
04 Jun 2024
Note: The reports contained within this agenda are for consideration and should not be construed as Council policy
unless and until adopted. Should Members require further information relating to any reports, please contact
the relevant manager, Chairperson or Deputy Chairperson.
1 Ngā Tamōtanga | Apologies
2 Te Whakapuaki i te Whai Pānga | Declaration of Interest
3 Te Whakaū i ngā Āmiki | Confirmation of Minutes
Click the meeting date below to access the minutes.
That the Regulatory and Community Safety Committee:
a) whakaū / confirm the ordinary minutes of its meeting, held on Tuesday, 9 April 2024,
including the confidential section, as a true and correct record.
4 Ngā Petihana | Petitions
5 Ngā Kōrero a te Marea | Public Input
6 Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input
7 Ngā Pakihi Autaia | Extraordinary Business
Regulatory and Community Safety Committee
04 Jun 2024
The Realities and the Needs of People without a Home in Central Auckland. . . and How we Might
Best Respond
Page 7
Item 8
The Realities and the Needs of People without a Home in
Central Auckland. . . and How we Might Best Respond
File No.: CP2024/06683
Te take mō te pūrongo
Purpose of the report
1. To provide the committee with more insight on the realities and needs of people without a
home in Central Auckland and how we might best respond.
Whakarāpopototanga matua
Executive summary
2. Helen Robinson and Jacqui Dillon from Auckland City Mission will give a presentation titled
“Homeless not Hopeless”.
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community Safety Committee:
a) whakamihi / thank Helen Robinson and Jacqui Dillon for their presentation.
Ngā tāpirihanga
Attachments
No.
Title
Page
A⇨
"Homeless Not Hopeless" - Auckland City Mission Presentation
Ngā kaihaina
Signatories
Author
Phoebe Chiquet-Kaan - Governance Advisor
Authoriser
Craig Hobbs - Director Regulatory Services
Regulatory and Community Safety Committee
04 Jun 2024
Council homelessness work programme update
Page 9
Item 9
Council homelessness work programme update
File No.: CP2024/06911
Te take mō te pūrongo
Purpose of the report
1. To provide the Regulatory and Safety Committee with a Community Impact Unit
homelessness work programme update.
Whakarāpopototanga matua
Executive summary
2. In August 2012, Council resolved to contribute to improving, ending, and preventing
homelessness in Auckland with the vision that homelessness be ‘rare, brief and non-
recurring’ (ENV2017/118). Council also agreed to develop a strategic leadership plan for a
regional, cross-sectoral approach and to strengthen established levers.
3. In 2020, the Parks, Arts, Community and Events Committee endorsed Kia Whai Kāinga
Tātou Katoa, Auckland’s regional cross-sectoral homelessness plan, a monitoring and
reporting framework and approved the Auckland Council Implementation Plan.
4. Council plays a regional, and in some cases local, role in the homelessness sector,
addressing homelessness through policy, advocacy, economic and social development
activities, strategic partnerships, investments, and initiatives.
5. The homelessness sector delivers front line responses. Council works with community
housing providers and stakeholders to facilitate regional pilots, trials, and evaluations.
6. The mayoral proposal for the 2021-2031 Long-term Plan (LTP) embedded funding for
homelessness into the first three years of the plan. The LTP 2024 – 2034 continues this
commitment.
7. This memorandum (Attachment A) provides the Regulatory and Community Safety
committee with a homelessness work programme update.
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community Safety Committee:
a) whiwhi / receive the Community Impact Unit homelessness work programme update
memorandum.
Ngā tāpirihanga
Attachments
No.
Title
Page
A⇨
Council homelessness work programme update memo
Ngā kaihaina
Signatories
Author
Dickie Humphries – Head of Community Impact
Authorisers
Claudia Wyss – Director Customer & Community Services
Craig Hobbs - Director Regulatory Services
Regulatory and Community Safety Committee
04 Jun 2024
Proactive Boarding House Inspection Programme
Page 11
Item 10
Proactive Boarding House Inspection Programme
File No.: CP2024/06725
Te take mō te pūrongo
Purpose of the report
1. To update the committee on the Proactive Boarding House Inspection Programme.
Whakarāpopototanga matua
Executive summary
2. This report covers activity over the last 12 months in relation to the ongoing inspections of
unauthorised or illegal boarding houses across the Auckland Region.
3. The responsibility for arranging and managing such visits currently lies with the Compliance
Unit within Licensing and Regulatory Compliance. Prior to 2021 visits were carried out by the
Targeted Initiatives Team within the former Regulatory Compliance Unit.
4. The programme aims to visit at least three boarding houses each month using a multi-
agency approach. As well as compliance staff from the Compliance Unit the visits are
coordinated to include Fire and Emergency New Zealand (FENZ) officers, Environmental
Health Inspectors and inspectors from the Tenancy Compliance & Investigations Team of
Ministry of Business, Innovation & Employment (MBIE).
5. Rather than random inspections of known boarding houses officers have focused on those
premises identified through the gathering of intelligence from all the agencies involved. A
risk-based approach is then adopted to prioritise visits.
6. Over the last 12 months 44 inspections have been carried out.
7. Breaches observed primarily related to unauthorised use and alterations to buildings to
accommodate more people. The use and alterations significantly affect safety as well as
sanitation. The general standard of the accommodation was poor in most of the properties
visited, although not all could be regarded as unfit from a health perspective.
8. Enforcement action was taken in almost all cases with owners being required to take
remedial action. Appeals to MBIE for determinations to resolve differing interpretation(s) of
the Building Act and Building Code performance requirements have become more prevalent.
Four cases (involving two operators) are currently with MBIE for determination. We believe a
fifth application is imminent.
9. In most cases staff are working with the owners to improve the standard of accommodation
and achieve compliance with the various regulations. The closure of boarding houses is
avoided due to the lack of alternative accommodation for tenants.
10. This work compliments audits of approved ‘transient accommodation’ (including boarding
houses, backpackers, and hostels) that the Building Consents Building Warrant of Fitness
team conducts. There are approximately 160 buildings within this category.
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community Safety Committee:
a) whiwhi / receive the report on the Proactive Boarding House Inspection Programme.
Regulatory and Community Safety Committee
04 Jun 2024
Proactive Boarding House Inspection Programme
Page 12
Item 10
Horopaki
Context
11. The programme continues to deliver improved standards for residents as a result of the
proactive intervention by the relevant agencies.
12. The legislation for boarding houses comes from the Building Act 2004, the Building Code
1992, the Health Act 1956, the Housing Improvement Regulations 1947, the Resource
Management Act 1991 (RMA), the Auckland Unitary Plan and the Residential Tenancies Act
1986.
Tātaritanga me ngā tohutohu
Analysis and advice
Methodology
13. A list of boarding houses to be visited has been determined based on intelligence held by
Auckland Council and MBIE, with input from other agencies. A total of 72 properties were
visited in the last 24 months.
14. There are currently 99 properties on the active follow-up list for ongoing monitoring. Once
properties have become compliant, a slippage in standards has been observed when no
ongoing monitoring is maintained.
15. Inspection notification letters are sent to all boarding houses visited to encourage the
operators to take measures to ensure compliance with existing legislation.
16. The boarding houses to be inspected are sent letters 5-10 days prior to the inspection.
Where intelligence suggest there is an imminent risk to residents an immediate inspection is
arranged.
17. One senior project specialist runs the programme and is supported by the wider compliance
team when visiting properties. Where serious breaches are found that can’t be resolved,
assistance is given in relation to escalated enforcement.
Multi Agency Approach
18. Coordinating inspections with other agencies is challenging in terms of availability and
resourcing. However, the approach is impactive with landlords having to account for all
aspects of their business. Invariably, if a landlord is lacking in one area of compliance this is
reflected in other areas as well.
Results
19. It was found that 40 of the 44 properties inspected were shown to be operating unauthorised
transient accommodation or boarding houses.
20. Several properties visited were illegally established boarding houses that house residents
referred by Work and Income New Zealand (WINZ) or the Department of Corrections. Due to
the shortage of bed space these agencies struggle to find appropriate accommodation at
short notice. With no official register of boarding houses, agencies find it difficult to know
whether a property is legal or compliant. We have established relationships with several
stakeholders such as Police and the Department of Corrections around housing individuals
that may pose a risk to a community. Most agencies try to use established premises that
they know, but the shortage of such premises is a challenge.
21. Several properties were found to be large, converted houses or multi-unit complexes ranging
from five to 27 rooms. Whilst the living conditions were satisfactory, the buildings themselves
did not meet the required building standards for sleeping accommodation. Primarily this
relates to fire safety and building performance requirements.
Regulatory and Community Safety Committee
04 Jun 2024
Proactive Boarding House Inspection Programme
Page 13
Item 10
22. An increasing number of accommodation providers are involved with a portfolio of
properties. These are typically run as a business or commercial enterprise.
23. One accommodation-provider operates from at least three separate residential addresses
whilst marketing individual rooms as a hotel. They have been notified that an unauthorised
change-of-use has occurred and to take corrective action.
24. Another trend has seen larger residential houses being used as live-in rehabilitation clinics
or centres. This type of operation is difficult to detect and relies on complaints generally
related to overcrowding and parking being reported by the community.
25. We have encountered increased resistance from these larger-scale operators. This has
ranged from refusal to permit entry or challenging the basis of our assessments, findings, or
legislative interpretation. More often these cases are resulting in applications (initiated by
the operator) for determination from MBIE. Determinations are currently taking many
months to decide.
26. We have 14 cases under investigation or that require further corrective action from the
property owners / operators.
Tauākī whakaaweawe āhuarangi
Climate impact statement
27. There are no climate impacts from this programme.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
28. This programme focuses on regulatory matters managed within Licensing and Regulatory
Compliance. Whilst the Regulatory Committee has a keen interest in the progress of the
programme, the Planning, Environment and Parks Committee also have a community
interest and will receive a copy of the report.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
29. The boarding house proactive programme aims to address non-compliance across the
region and ultimately improve living conditions and uphold the rights of tenants.
30. Most local board areas have boarding houses of some kind, the central and southern areas
have a disproportionally large proportion of those known to council. These tend to be in low
socio-economic areas where tenants are more vulnerable.
Tauākī whakaaweawe Māori
Māori impact statement
31. This proactive compliance programme aims to improve living conditions and protect the
rights of all tenants. Ensuring greater compliance with relevant statutes and regulations will
improve living conditions for all tenants, including Māori.
Ngā ritenga ā-pūtea
Financial implications
32. There are no direct financial implications as these inspections have been undertaken as part
of Licensing and Regulatory Compliance’s programme run by the Compliance Unit. The only
revenue generated from these activities comes from the billing of time for ongoing
investigations and infringements issued under the Building Act and the RMA.
Regulatory and Community Safety Committee
04 Jun 2024
Proactive Boarding House Inspection Programme
Page 14
Item 10
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
33. By adopting a risk-based, intelligence led approach the programme focuses on properties
that are more likely to have poor standards and therefore be non-compliant. In almost all
cases, living conditions and safety are improved.
34. A general inspection regime of all boarding houses would be extremely resource intensive
and costly. Adopting a risk-based approach makes best use of staff time and that of other
agencies involved in the programme.
35. The list of boarding houses to be inspected has expanded and are prioritised according to
the information provided and the relevant concerns of the agencies.
36. The increasing number of boarding houses with gang affiliated occupants or associates
remains a concern from a staff safety perspective. This poses a risk to staff which is
mitigated by arranging for Police to accompany staff on inspections. This is similar to the
approach adopted when visiting bail type hostels.
Ngā koringa ā-muri
Next steps
37. All agencies are committed to ongoing collaboration on the programme and meet regularly
to share information and plan operations.
Ngā tāpirihanga
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author
Adrian Wilson - Manager Compliance
Authorisers
James Hassall - General Manager, Licensing and Regulatory Compliance
Craig Hobbs - Director Regulatory Services
Regulatory and Community Safety Committee
04 Jun 2024
Resource Consent Appeals: Status Report 4 June 2024
Page 15
Item 11
Resource Consent Appeals: Status Report 4 June 2024
File No.: CP2024/06351
Te take mō te pūrongo
Purpose of the report
1. To provide an update of all current resource consent appeals lodged with the Environment
Court.
Whakarāpopototanga matua
Executive summary
2. This report provides a summary of current resource consent appeals to which the Auckland
Council is a party. It updates the report to the Regulatory and Community Safety Committee
on 9 April 2024.
3. If committee members have detailed questions concerning specific appeals, it would be
helpful if they could raise them prior to the meeting with Robert Andrews (phone: 09 353-
9254) or email: robert.andrews@aucklandcouncil.govt.nz) in the first instance.
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community Safety Committee:
a) whiwhi / receive the Resource Consents Appeals: Status Report 4 June 2024
Horopaki
Context
4. As at 17 May 2024, there are 38 resource consent appeals to which Auckland Council is a
party. These are grouped by Local Board Area geographically from north to south, as set out
in Attachment A. Changes since the last report and new appeals received are shown in
bold italic text.
5. The principal specialist planners - resource consents, continue to resolve these appeals
expeditiously. In the period since preparing the previous status report on 25 March 2024,
there have been six new appeals lodged and none resolved.
6. The new appeal from Dennis Loxton opposes council’s decline of consent for the subdivision
of two lots into six lots and vary a consent notice at 55 and 61 Gordon Francis Drive,
Paerata. The two lots are balance lots following a 2016 subdivision of the former property,
into 32 lots. The appellant considers the consent notice is not a bar to limiting further
subdivision and now does not appeal the refusal to vary the consent notice. The appellant
now seeks a lesser number of lots arguing that such is not contrary to the relevant AUP
objectives and policies for the Runciman Precinct.
7. Te Ākitai Waiohua Waka Taua Incorporated were a submitter to the application for a new
marae complex, and associated infrastructure, accessways and parking areas, earthworks,
landscaping and discharge consents at Te Motu A Hiaroa (also known as Puketutu Island),
600 Island Road, Mangere. The site lies within an Open Space Conservation Zone, and the
Outstanding Natural Feature (ONF) and Sites and Places of Significance to Mana Whenua
overlays within the Auckland Unitary Plan. Their appeal notes a lack of consultation and
korero between local iwi, hapū and existing marae to ensure tikanga relating to the intention,
use and protocols of the new marae are addressed.
Regulatory and Community Safety Committee
04 Jun 2024
Resource Consent Appeals: Status Report 4 June 2024
Page 16
Item 11
8. Keith Sinclair Trust appeal the council’s decline of consent for two large detached accessory
buildings located within an Outstanding Natural Landscape overlay. The site at 202i Ingram
Road, Bombay has a Rural - Countryside Living zoning. Council determined that the
proposed positioning, scale and design of the sheds and mitigation, does not retain an
appropriate open and spacious rural character, including when viewed from submitters
properties across the applicant’s site to the wider countryside. The appellant considers the
effects to be less than minor and too greater emphasis has been given to neighbours’
amenity.
9. Papatoetoe Civil Limited appeal a decision to decline a retrospective discretionary consent
to establish a depot for the operations of a civil contracting company undertaking civil works
at 60 Sim Road, Papakura. The council determined the application to be contrary to AUP
and NPS policies seeking to avoid urban use of highly productive land. The appellant’s state
that no weight was given to a proposed covenant protecting the balance of the site for
productive potential and consider the NPS HPL does not preclude land being used for
multiple functions.
10. Herne Bay Residents Association appeal against particular consent conditions of a land use,
and water and discharge consents granted to Watercare Services Limited. The consent
provides for a 1.5km trunk sewer and associated access shafts and pipe connections in
properties and road reserves in Ponsonby and Herne Bay. The appealed conditions relate to
noise ( in particular works in Salisbury Park) and replacement street tree management. The
appeal has since been resolved by direct discussion between the applicant and appellant.
11. The Trustees of DOKAD Trust, Successors and Nominees including Peter Mawhinney seek
to appeal a resource consent application that was returned as being incomplete. The council
believes this appeal has no merit and the applicant has no appeal right until council makes a
decision on the s357 objection to their application being returned.
Tātaritanga me ngā tohutohu
Analysis and advice
12. To receive the report as provided.
Tauākī whakaaweawe āhuarangi
Climate impact statement
13. The report provides an update of consent appeals and seeks no resolution or consideration
of the merits associated with them.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
14. Not applicable.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
15. Not applicable.
Tauākī whakaaweawe Māori
Māori impact statement
16. The decision requested of the Regulatory and Community Safety Committee is to receive
this progress report rather than to consider the relevance to Māori associated with each of
the appeals at this time.
Regulatory and Community Safety Committee
04 Jun 2024
Resource Consent Appeals: Status Report 4 June 2024
Page 17
Item 11
17. The Resource Management Act 1991 includes a number of matters under Part 2, which
relate to the relationship of Tangata Whenua to the management of air, land and water
resources. Maori values associated with the land, air and freshwater bodies of the Auckland
Region are based on whakapapa and stem from the long social, economic and cultural
associations and experiences with such taonga. These matters where relevant are
considered with the resolution of the resource consent appeals.
Ngā ritenga ā-pūtea
Financial implications
18. Environment Court appeal hearings can generate significant costs in terms of
commissioning legal counsel and expert witnesses. Informal mediation and negotiation
processes seek to limit these costs. Although it can have budget implications, it is important
that Auckland Council, when necessary, ensure that resource consents maintain appropriate
environmental outcomes and remain consistent with the statutory plan policy framework
through the appeal process.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
19. Not applicable.
Ngā koringa ā-muri
Next steps
20. Not applicable.
Ngā tāpirihanga
Attachments
No.
Title
Page
A⇨
Current Resource Consent Appeals as 17 May 2024
Ngā kaihaina
Signatories
Author
Robert Andrews - Principal Specialist Planning
Authoriser
Craig Hobbs - Director Regulatory Services
Regulatory and Community Safety Committee
04 Jun 2024
Status Update on Action Decisions from Regulatory and Community Safety Committee 9 April
2024
Page 19
Item 12
Status Update on Action Decisions from Regulatory and
Community Safety Committee 9 April 2024
File No.: CP2024/05254
Te take mō te pūrongo
Purpose of the report
1. To update the Regulatory and Community Safety Committee on action decisions made at
the last meeting.
Whakarāpopototanga matua
Executive summary
2. The information provided below is a status update on action decisions only that were made
at the Regulatory and Community Safety Committee meeting on 9 April 2024:
Resolution
Number
Item
Status
RSCCC/2024/25
Public Safety and
Nuisance By-Law
Enforcement
Data is currently being collected on breaches of the
various sections of the bylaw based on both
reported complaints and proactive patrols.
An update will be provided at the next committee
meeting on 2 July 2024 as requested.
RSCCC/2024/27
Decision to adopt
dangerous dams
policy
The report and its attachments were sent to the
local boards.
All 65 submitters have been informed in writing of
the adoption of the updated dangerous dams policy.
The summary of feedback, written feedback report
and copy of the adopted dangerous dams policy
were uploaded on the AKHYS page.
The dangerous dams policy went live on 13 May
2024, when the dam safety regulations came into
force. The policy is publicly available on the council
website.
A copy of the adopted dangerous dam policy will be
sent to the Chief Executive of MBIE under
Sec.162(3) of the Building Act.
A letter from the Mayor was sent to the Minister of
Building and Construction regarding policy concerns
on 24 April 2024.
RSCCC/2024/28
Appointment of an
independent
commissioner to
consider
submissions made
under s.24 of the
Reserves Act 1977
Eke Panuku is currently in the process of identifying
an independent commissioner to appoint with the
necessary Reserves Act knowledge and
experience. They are not yet in a position to seek
Committee approval for a specified commissioner,
however, they aim to be able to further advise the
committee on this in July 2024.
Regulatory and Community Safety Committee
04 Jun 2024
Status Update on Action Decisions from Regulatory and Community Safety Committee 9 April
2024
Page 20
Item 12
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community Safety Committee:
a) tuhi ā-taipitopito / note the status of decisions made at the 9 April 2024 meeting.
Ngā tāpirihanga
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author
Phoebe Chiquet-Kaan - Governance Advisor
Authoriser
Craig Hobbs - Director Regulatory Services
Regulatory and Community Safety Committee
04 Jun 2024
Summary of Regulatory and Community Safety Committee information memoranda, workshops,
and briefings (including the Forward Work Programme) - 4 June 2024
Page 21
Item 13
Summary of Regulatory and Community Safety Committee
information memoranda, workshops, and briefings (including
the Forward Work Programme) - 4 June 2024
File No.: CP2024/04064
Te take mō te pūrongo
Purpose of the report
1. To receive a summary and provide a public record of memoranda or briefing papers that
have been distributed to the Regulatory and Community Safety Committee.
2. To note the progress on the forward work programme appended as Attachment A
Whakarāpopototanga matua
Executive summary
3. This is a regular information-only report which aims to provide greater visibility of information
circulated to Regulatory and Community Safety Committee members via
memoranda/briefings, where no decisions are required.
4. The following information items have been distributed:
Date
Subject
10/04/2024
Hearings held, hearing panels and hearing outcomes April 2023 – March
2024
26/03/2024
Response to vaping request from Hon Dr Ayesha Verrall (Labour List MP
based in Wellington)
09/05/2024
Response to vaping request from Hon Casey Costello – Associate Minister
of Health
20/04/2024
Letter from Mayor Wayne Brown to Hon Chris Penk - Minister of Building
and Construction: MBIE Policy
5. Note that, unlike an agenda report, staff will not be present to answer questions about
the items referred to in this summary. Committee members should direct any questions to
the relevant staff.
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community Safety Committee:
a) whiwhi / receive the Summary of Regulatory and Community Safety Committee information
memoranda and briefings – 4 June 2024
b) tuhi ā-taipitopito / note the progress on the forward work programme appended as
Attachment A of the agenda report.
Regulatory and Community Safety Committee
04 Jun 2024
Summary of Regulatory and Community Safety Committee information memoranda, workshops,
and briefings (including the Forward Work Programme) - 4 June 2024
Page 22
Item 13
Ngā tāpirihanga
Attachments
No.
Title
Page
A⇨
Regulatory and Community Safety Committee Forward Work Programme -
4 June 2024
B⇨
Hearings held, hearing panels and hearing outcomes April 2023 – March
2024
C⇨
Hon Dr Ayesha Verrall Vaping Response 26.03.2024
D⇨
Hon Casey Costello - Associate Minister of Health - Vaping response
09.05.2024
E⇨
Letter from Mayor Wayne Brown to Hon Chris Penk - Minister of Building
and Construction: MBIE Policy
Ngā kaihaina
Signatories
Author
Phoebe Chiquet-Kaan - Governance Advisor
Authoriser
Craig Hobbs - Director Regulatory Services
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 23
Item 14
Objection to wastewater works at 339 and 341 West Tamaki
Road
File No.: CP2024/06461
Te take mō te pūrongo
Purpose of the report
1. To hear and determine an objection to proposed wastewater works at 339 and 341 West
Tamaki Road, Wai O Taiki Bay, pursuant to section 181 of the Local Government Act 2002.
Whakarāpopototanga matua
Executive summary
2. A developer has obtained approval from the council to connect a new development at 331
West Tamaki Road to the public wastewater manhole that is located on the neighbouring
property at 341 and 339 West Tamaki Road.
3. The proposed works involve the construction of a 25-metre long 150-mm diameter pipe
below the shared driveway of 339 and 341 West Tamaki Road, see Attachment A –
Engineering Planning Approval. Once constructed, this pipe will be vested in the council as a
public wastewater asset.
4. The owners of 339 and 341 West Tamaki Road have refused the developer access to their
property for this purpose. Council-led efforts to facilitate an agreement have been
unsuccessful.
5. A site inspection and assessment for the pipe considered the following alternative options:
• option one: extending the public network from 341 West Tamaki Road (recommended
option)
• option two: extending the public network from 339 West Tamaki Road accessway
• option three: extending the public network from 341 West Tamaki Road, (northern
corner)
• option four: extending the public network from 339 West Tamaki Road, northern
corner)
• option five: extending the public network from 337 West Tamaki Road
• option six: do nothing.
6. The council has determined that the works constitute necessary public wastewater works. It
has issued a notice under section 181(2) of the Local Government Act 2002 informing the
landowners of its intention to construct the works as a council project.
7. The landowners have lodged a written objection to the works, on the grounds that the
proposed works are not “necessary” because they believe there are other alternative
alignments for the pipe connection, see Attachment B objection letters.
8. This report recommends that the Regulatory and Community Safety Committee endorse the
proposed public wastewater works at 341 and 339 West Tamaki Road (option 1) –
extending the public network for 341 West Tamaki Road - to manage the wastewater effects
of the approved development at 331 West Tamaki Road. Staff recommend option 1 as it
scores best against the assessment criteria against all other options. Specifically, it does not
interfere with existing services or houses, is the least disruptive to landowners as it can be
constructed via trenchless method with minimal impact on 338 and 341 West Tamaki Road
and is a practical route which provides the most optimal outcome for the public network.
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 24
Item 14
9. If the Regulatory and Community Safety Committee determines that the works should
proceed, construction will begin within three months (weather dependent). It is proposed that
the pipe will be installed by horizontal directional drilling, which is a trenchless methodology
designed to minimise disruption caused by construction. The works will take approximately
10 days to complete.
10. It has been explained to all the affected property owners that they have the right to claim
injurious affection (if established) under the Public Works Act 1981.
Ngā tūtohunga
Recommendation/s
That the Regulatory and Community Safety Committee:
a) hear and determine the objections by the owners of 339 and 341 West Tamaki Road,
according to clause 1(e) of Schedule 12 of the Local Government Act 2002.
b) whakaae / agree resolve that the council will proceed with the extension of the public
wastewater network from 331 West Tamaki Road via 339 and 341 West Tamaki Road as
shown in Attachment A – approved engineering plans, according to clause 1(e) of Schedule
12 of the Local Government Act 2002.
Horopaki
Context
11. Auckland Council is responsible for managing and maintaining the public wastewater
network in Auckland, much of which is located on private land.
12. Section 181(2) of the Local Government Act 2002 empowers the council to ‘construct works
on or under private land or under a building on private land that it considers necessary for
sewage and wastewater drainage’.
13. Such works require either the prior written consent of the owner of the land, or that the
council follows the process set out in Schedule 12 of the Local Government Act 2002.
14. Schedule 12 requires that affected owners and occupiers are provided with a description of
the proposed works, including plans, and are given the opportunity to object to the works
within one month of notification.
15. If an objection is made, a hearing must be arranged. After hearing objections, the council
must then determine to either abandon the works proposed, or proceed with the works
proposed, with or without any alterations that the council thinks fit.
a) Enabling wastewater management on 331 West Tamaki Road
16. A developer has been granted resource consent by Auckland Council’s regulatory
department to subdivide a property at 331 West Tamaki Road. A condition of that resource
consent is that the new development connects to the public wastewater system.
17. The developer has obtained engineering approval to connect the subdivision to the existing
public wastewater manhole located within 341 West Tamaki Road, see Attachment A. The
connecting pipe will cross under the shared driveways of 339 and 341 West Tamaki Road and
along the fence-line of 341 West Tamaki Road.
18. It is proposed that a 26 metre long / 150 mm diameter wastewater pipe is constructed using
directional drilling, a trenchless method which involves drilling a small hole from 331 West
Tamaki Drive and pushing the pipe underground through to the manhole located on 341
West Tamaki Drive. This method does not involve digging up the shared accessway of 339
and 341 West.
19. Minor excavation works can be undertaken around the outside of the existing manhole. All
excavation and removal of any vegetation or landscaping will be fully re-instated upon
completion of the works.
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 25
Item 14
20. The new pipe will be vested in Auckland Council as a public wastewater asset to be owned
and maintained by Watercare once it is connected to the wastewater network.
Objections received from landowners at 339 and 341 West Tamaki Road
21. Negotiations between the developer and the landowner to start the works begun in 2018.
However, the owners of 339 and 341 West Tamaki Road have refused to allow the
developer to connect to the wastewater network via these properties.
22. The developer applied to council to provide facilitation services to help reach an agreement
with the landowner which commenced in June 2023. However, no agreement was reached.
23. The council then assessed the developer’s works and determined that the works are
necessary public works and qualify as a council project under the powers of the Local
Government Act 2002. This enables public works to be undertaken on private land without
the owner’s consent, provided the requirements of the Act are met.
24. The council issued notices to the affected landowners of its intention to carry out the works
under section 181 of the Local Government Act 2002, dated 27 February 2024.
25. Following the issue of this notice, the council has continued to communicate with the
landowners, however an agreement has not been reached.
26. Pursuant to schedule 12 of the Local Government Act 2002, the landowners had until 27
March 2024 to formally object to the section 181 notice. The owners of 339 West Tamaki
Road lodged their objection on 25 March 2024. A further objection was lodged on the 27 of
March 2024 from the owners of 341 West Tamaki Road.
Tātaritanga me ngā tohutohu
Analysis and advice
27. The council is empowered to construct works on private land that it considers necessary for
wastewater drainage. When determining the best option, the council looks at a range of
possible options to achieve the required wastewater outcomes for the public good, and at the
same time, to carefully balance any impacts on individual property owners.
28. The council analysed five alternative alignments for connecting the development at 331 West
Tamaki Road to the public wastewater system (see Attachment C). These options were:
•
option one: extending the public network from 341 West Tamaki Road (southern
corner) (recommended option)
•
option two: extending the public network from 339 West Tamaki Roads accessway
•
option three: extending the public network from 341 West Tamaki Road
(northern corner)
•
option four: extending the public network from 339 West Tamaki Road
(northern corner)
•
option five: extending the public network from 337 West Tamaki Road
•
option six: do nothing.
The six options were analysed against relevant criteria as shown below in Table 1.
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 26
Item 14
Table 1. Analysis of alignment options against various criteria
Option one
(Yellow in
Attachment C)
Recommended
Option two
(Pink in
Attachment
C)
Option
three
(Blue in
Attachment
C)
Option four
(Orange in
Attachment
C)
Option five
(Purple in
Attachment C)
Option
six
Do
nothing
Interference with
existing
services
Minor
Minor
Minor
Minor
Medium
NA
Disruption to
property
owners
Minor
Medium
Medium
Medium
Medium
NA
Cost
$
$
$$
$
$$$
NA
Route to
existing
wastewater
network
Direct 3m
(No 339)
Direct 23m
(No 341)
Direct 29m
(No 339)
Direct 14m
(No 339)
Direct 1m
(No 341)
Indirect
(pump)
1m
(No 339)
Indirect
(pump)
1m
(No 337)
NA
Ability for
third- party
properties to
connect to
proposed
infrastructure
Poor
Poor
Poor
Poor
Poor
Poor
Access for
future
maintenance
Medium
Medium
Medium
Medium
Medium
NA
Duplication of
Existing
Wastewater
Infrastructure
0%
0%
0%
0%
50%
NA
Key
Analysing options for wastewater management on 331 West Tamaki Road
29. Option two considered the trenchless installation of wastewater pipe across the
accessway of 339 West Tamaki Road to a new manhole on 341 West Tamaki Road.
This option allows for gravity flow and minor excavation and comes with minimal risk.
Option two is the second preferred method, however it would involve the disruption of
the shared accessway of 339/341 West Tamaki Drive, longer piping and full driveway
re-instatement.
30. Option three considered the trenchless installation, of a wastewater pipe from 331
West Tamaki Road under the accessway at 339 West Tamaki Road to the manhole at
341 West Tamaki Road. This option includes minor excavation for a new manhole and
removal and reinstatement of vegetation by a swimming pool. The installation risks
remain minor but impacts on the third-party properties are considered medium. Option
3 is viable but not preferred due to the higher risk of disruption compared to option 1
and 2, to third-party properties.
Most positive
Moderately positive
Moderately negative
Most negative
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 27
Item 14
31. Option four considered the trenchless installation of a wastewater pipe from 331
West Tamaki Road into the manhole at 339 West Tamaki Road. This option includes
minor excavation for a new manhole and removal and reinstatement of vegetation.
This option requires the use of a wastewater tank and pump which is considered
substandard and high risk. Disruption to the third-party properties is considered
medium due to the excavation requirements. Option four is not recommended due to
substandard infrastructure required and high risk of disruption to third-party properties.
32. Option five considered the trenchless installation of wastewater pipe under the
accessway at 331 West Tamaki Road to the manhole at 337 West Tamaki Road.
Minor excavations would be required around the manhole. This option involves the
longest length of piping and a wastewater tank and pumpstation, which are
substandard. The installation risks for this are medium due to services in the road.
Impacts on the third- party properties are considered minor as the connecting manhole
is readily accessible from the road. This option is not recommended due to having the
highest combined risk of all options.
33. Option six considered doing nothing. This involves leaving the developer to continue
to negotiate with the owner alone. This option is not supported, as it means the
developer will pursue substandard options for extending the wastewater network that
do not comply with the Wastewater Code of Practice. It also increases the likelihood of
infrastructure failure which would impact third party properties.
34. As demonstrated by the assessment set out in Table 1 above, option one is the
preferred option for the following reasons:
•
the route does not interfere with any existing services
•
the route is the least disruptive to landowners
•
the location of the works does not affect any existing structures on the
landowners’ properties, resulting in minimal disturbance
•
the land proposed to be crossed is a driveway and along a fence boundary and
not land that could be developed for housing or other structures
•
the pipe route is the practical and direct and provides the most optimal outcome
for the public network
•
the route does not duplicate existing wastewater infrastructure
•
can be constructed with a trenchless method, with minimal impact on 339 and 341 West
Tamaki Road.
Negotiating with the landowners
35. Negotiations with the landowners have been ongoing since April 2018. Initially
negotiations were held directly between the developer and the landowners, with the
council becoming involved from December 2022 onwards.
36. The council has attempted to engage with the landowners to offer advice on the
proposed works and broker an agreement, refer to facilitation log attachment D.
Summary of objections received
37. Table 2 below details the grounds upon which the landowners objects to the works
and Healthy Waters response, see Attachment B Objection letters.
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 28
Item 14
Table 2. Summary of objections
Objection points
Response from Healthy Waters
Wastewater connection
through 339 and 341
West Tamaki Road is
not “Necessary”
because they believe
there are other
alternative alignments.
The proposed connection has been
deemed necessary for any further
development on the section at 331
West Tamaki Road. As per the
approved EPA (ENG60363768) a
connection is required. Auckland
Council has assessed and
recommended the most optimal route
for all parties involved.
Points raised in the
objections which refer to
the affected landowners
requesting the owner of
331 West Tamaki Road
to relinquish his
easement over the
shared driveway of 339
and 341 West Tamaki
Road.
This issue is considered a civil matter
and is not a consideration for
assessment by Auckland Council’s
assessment and/or the decision to
approve the works under the Local
Government Act.
Recommended wastewater management option
38. Staff recommend that construction of the proposed wastewater works proceed at 339
and 341 West Tamaki Road as per option one in this report.
39. The works are necessary to enable development at 331 West Tamaki Road and to meet
the Watercare wastewater standards. Works are expected to take up to 10 days to
complete and staff will work with the landowners to ensure minimal disruption occurs.
Tauākī whakaaweawe āhuarangi
Climate impact statement
40. Auckland Council adopted Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan on 21 July 2020.
Some of the key elements of the plan include how we will adapt to climate change, taking a
precautionary approach and preparing for our current emissions pathway and the prospect
of a 3.5 degrees warmer region.
41. One of the expected consequences of rising global temperatures is increased and more
intense rainfall. To contribute to increasing Auckland’s resilience to climate change, the
Auckland Council Wastewater Code of Practice requires all new infrastructure to be
designed to deal with these expected impacts and severe weather events. The
recommended option will contribute to maintaining wastewater network capacity, reducing
the impact of the development on wastewater flows into the environment.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
42. No other services will be impacted by the preferred option, Watercare has approved the
preferred option.
43. The pipe once constructed will be vested in the council and will form part of the public
wastewater network to be maintained by Watercare.
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 29
Item 14
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
44. The Maungakiekie-Tāmaki Local Board has not been consulted on the proposed
wastewater works, as the pipe will be constructed on private land and the decision is a
regulatory one.
Tauākī whakaaweawe Māori
Māori impact statement
45. The developer has not consulted local iwi on the proposed wastewater works outlined in this
report.
46. Improved water quality for Tāmaki Makaurau is a priority for mana whenua. The
recommended option will contribute to a better functioning wastewater management system,
reducing the impact of the development on water quality.
Ngā ritenga ā-pūtea
Financial implications
47. If approved, the pipe will be constructed by the council, with the costs of the works to be paid
for by the developer upfront. The recommended option is the most cost effective for the
council, as it involves the shortest and most direct pipe alignment to operate, maintain and
renew.
48. The council will be responsible for any proven injurious affection to private land pursuant to
section 181(6) of the Local Government Act 2002, and the Public Works Act 1981. The
likelihood of an injurious affection claim being brought is considered low, see Table 3. As part
of the works costs the developer will be required to supply to the council a bond to cover
damage to the property if not reinstated, which will remain in place for two years following
completion of the works. This bond will cover any potential claim by the landowners for
injurious affection.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
49. Staff have undertaken a systematic risk assessment during a thorough investigation of the
six different options proposed for the wastewater connection at 331 West Tamaki Road.
Through this assessment, a preferred method has been recommended which poses the
least risk for Auckland Council and the neighbouring third-party properties and provides the
most optimal wastewater solution for 331 West Tamaki Road.
50. Staff have undertaken a systematic risk assessment. Key risks and proposed mitigations
rlating to the endorsement of option one is shown in Table 3 below:
Table 3. Risks and mitigations arising from Option one: crossing land at 339 and 341 West
Tamaki Road
Risk
Likelihood and
consequence
Mitigation
Legal risk – objectors argue
that this is in fact a private
pipe and Auckland Council
ought to use section 460 of
the Local Government Act
1974 instead of section 181
Local Government Act
2002.
Likelihood: Low
Consequence:
Medium
The pipe will be vested in the council once
constructed and will form part of the public
wastewater system which the council is
responsible for maintaining. It is being built
to the council’s standards for public
wastewater infrastructure and will serve a
wider catchment as the area develops
further.
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 30
Item 14
Risk
Likelihood and
consequence
Mitigation
Financial risk – if the
landowner appeals the
Regulatory and Community
Safety Committee’s
decision, the council may
become liable for the cost
of defending a District
Court case.
Likelihood: Low
Consequence:
Medium
Given that the Regulatory and Community
Safety Committee and District Court’s
decision-making discretion is limited only to
questions of the works being necessary
and compliance with legal process, and not
matters of compensation, it is considered
unlikely that an appeal would be brought.
Even if it was, the risk of the council losing
on appeal is considered low, due to the
works being necessary, and the section
181 process being followed correctly.
If the landowners are unsuccessful in any
legal challenge, they may be liable to pay
court costs.
Compensation – the
landowners could seek
injurious affection (if
evidenced) through the
Land Valuation Tribunal,
arguing that the public
works have reduced the
value of their property.
Likelihood: Low
Consequence:
Low
The potential for an injurious affection claim
is considered low. The anticipated value of
any such claim is considered low for the
following reasons:
• The proposed pipe does not involve the
taking of any land.
• The house is sufficiently distant from
the works. The pipe predominantly
follows the grassed boundary of the
affected property.
• The proposed methodology will result in
minimal excavation around the manhole
and pipe resulting in a small area being
impacted by the works that will be
reinstated to its current condition.
• The applicant will be required to provide
to council a bond sufficient to cover any
potential claim for injurious affection
prior to the works commencing.
If the landowners are unsuccessful with any
claim, they will be liable to pay court costs.
Infrastructure risk – low
quality assets being vested
to the council.
Likelihood: Low
Consequence:
Medium
The work will be undertaken by an
approved council contractor who will have
in place sufficient insurance to cover the
risk of failure and in compliance with the
engineering consent.
Ngā koringa ā-muri
Next steps
51. If the Regulatory Committee determines to proceed with the project (under Schedule 12
clause 1(e)(ii)), the next step will be to notify the Landowner in writing of the council’s
intention to proceed with the works. The work is proposed to be undertaken in June
2021.
Regulatory and Community Safety Committee
04 Jun 2024
Objection to wastewater works at 339 and 341 West Tamaki Road
Page 31
Item 14
52. The Landowner has up to 14 days to lodge a further appeal to the District Court. If this
occurs, then the council’s Legal Services team will support this process. If no appeal is
lodged, the council would look to proceed with the works in late 2021.
Ngā tāpirihanga
Attachments
No.
Title
Page
A⇨
Engineering planning approval
B⇨
Objection letters
C⇨
Alternative alignments
D⇨
Facilitation log
Ngā kaihaina
Signatories
Author
Hana Perry - Relationship Advisor
Authorisers
Barry Potter - Director Infrastructure and Environmental Services
Craig Hobbs - Director Regulatory Services
