MINUTES

of the

Regulatory Committee MEETING

Komiti Ture

held

9:30 am, Thursday, 5 May 2022

at

Tasman Council Chamber, 189 Queen Street, Richmond

Present:                  Councillor D Wensley (Chair), Councillor D Ogilvie (Deputy Chair),
Mayor T King (via Zoom), Councillors S Bryant, C Butler, C Hill, B Dowler, K Maling, C Mackenzie, D McNamara, T Tuffnell and A Turley

In Attendance:        Group Manager - Environmental Assurance (D Bush-King), Executive Assistant to the Mayor (R Scherer), Executive Assistant, Environmental Assurance (L Atkins) and Executive Support Officer, CEO Office (A Brough)

Part Attendance:    Group Manager, Community Infrastructure (R Kirby), Regulatory Manager (A Humphries via Zoom), Resource Consents Manager (T Harris), Legal & Democracy Services Manager (J McFarlane), Communications Officer (T O’Connell, via Zoom), Regulatory Support Officer (R Connochie via Zoom), Legal & Democracy Support Officer (C Mills via Zoom), Democracy Services Advisor (E Stephenson), Principal Planner, Resource Consents (A Jewell via Zoom), Team Leader Subdivision Consents (A Reed).

1 Opening, Welcome

The Chair welcomed everyone to the meeting including those on Zoom.

Group Manager – Environmental Assurance, Mr Bush-King offered the opening karakia.

2        Apologies and Leave of Absence

Moved Cr Ogilvie/Cr Tuffnell

RC22-05-1

That apologies be accepted from Councillors M Greening, and T Walker and from Mayor King for lateness.

CARRIED

Councillor Hill noted that she may need to leave the meeting early.

3        Public Forum

Mr Carl Watters spoke about his disqualification from dog ownership. He stated he has owned many dogs and they are part of his livelihood with pest control work. He asked for a new hearing date.

4        Declarations of Interest

Nil

5        LATE ITEMS

Nil

6        Confirmation of minutes

Moved Cr Dowler/Cr Maling

RC22-05-2

That the minutes of the Regulatory Committee meeting held on Thursday, 10 February 2022, be confirmed as a true and correct record of the meeting.

CARRIED

Moved Cr Wensley/Deputy Mayor Bryant

RC22-05-3

That the confidential minutes of the Regulatory Committee meeting held on Thursday, 2 December 2021, be confirmed as a true and correct record of the meeting.

CARRIED

Moved Cr Wensley/Cr Ogilvie

RC22-05-4

That the minutes of the Animal Control Subcommittee meeting held on Wednesday, 15 December 2021, be confirmed as a true and correct record of the meeting.

CARRIED

Moved Deputy Mayor Bryant/Cr Wensley

RC22-05-5

That the confidential minutes of the Animal Control Subcommittee meeting held on Wednesday, 15 December 2021be confirmed as a true and correct record of the meeting.

CARRIED

7        Presentations

Nil

8 Reports

8.1     Regulatory Committee - Correction of omission of prescribed text in historic exclusion of the public resolutions.

Democracy Services Advisor Elaine Stephenson spoke to the report which was taken as read. She noted that this is an administrative matter that was reported to the Audit and Risk Committee on 17 March 2022. A similar report will be presented to the Full Council, and the other Standing Committees in due course. 

Moved Cr Wensley/Cr Maling

RC22-05-6

That the Regulatory Committee

1.       receives the Regulatory Committee - Correction of omission of prescribed text in historic exclusion of the public resolutions RC22-05-01; and

2.       resolves to use its power pursuant to Section 46 of the Legislation Act 2019, to correct the omission of the full prescribed text required by Schedule 2A of the Local Government Official Information and Meetings Act 1987, in any resolution to exclude the public, in the previous exercise of this power under Section 48 of the Local Government Official Information and Meetings Act 1987, by the Regulatory Committee in meetings of the Committee for the period from 1 June 2019 to 31 January 2022.

CARRIED

8.2     Proposed Increase in Dog Registration Fees

Regulatory Manager, Adrian Humphries spoke to the report which was taken as read. He noted  that this is the first time dog registration fees will have been increased since 2010. He explained that the Tasman District Council dog registration fees are lower compared with those across New Zealand, including Nelson City. Tasman has a high percentage of registered dogs, and owners are fined if their dog is not registered. 

In response to a question, Mr Humphries explained the Dog Control account is a closed account and there is no general rate input. It was noted that the Animal Control Subcommittee hearings are a cost to all dog owners.

Moved Deputy Mayor Bryant/Cr McNamara

RC22-05-7

That the Regulatory Committee

1.      receives the Proposed Increase in Dog Registration Fees RC22-05-02; and

2.      approves to set the Dog Registration Fees at $32 per year for a rural dog, and $53 per year for an urban dog with effect from 1 July 2022.

CARRIED

8.3     Regulatory Managers Six Monthly Report - 1 October 2021 to 31 March 2022

Mr Humphries spoke to his report which was taken as read. He provided a summary of some high level achievements. 

In a response to a question about licences for funeral directors, Mr Humphries noted there have not been any over the last few years, but he will provide an update to Councillors.

There was discussion about freedom camping in the District over the last summer period.
Mr Humphries noted that due to the reduced numbers of overseas tourists, freedom camping included a mix of New Zealanders who choose this lifestyle, rural itinerant workers, holiday makers, and some homeless people. Staff offer assistance to the homeless with details about support agencies, and where they are allowed to freedom camp. The Council responds to complaints within the limits of the Bylaw.

Mayor King joined the meeting via Zoom at 10.05 am.

In response to a question about derelict boats, Mr Humphries noted the Harbourmaster team know these boats and owners, some of which are sold for $1. The regulatory team work with new owners to get the boats removed or recycled, and ensure they are not used if they are dangerous.

It was noted the Council can charge $450 an hour for rescues and assistance, but now that there is a new coastguard vessel, the Harbourmaster vessel Sentinel is needed less often.

Concern was raised about large recreational boats parking between Tata Island and the beach area and getting in the way of swimmers and kayakers. Mr Humphries noted they are allowed to anchor and stay overnight, but the public can complain if the vessels are being operated in an unsafe manner.

The Chair thanked recently retired Regulatory Support Officer, Ross Connochie for his contribution during his time at the Council, and for continuing to assist after his retirement.

The meeting adjourned at 10.27 and reconvened at 10.47 am.

Moved Cr Wensley/Cr Maling

RC22-05-8

That the Regulatory Committee receives the Regulatory Managers Six Monthly Report
1 October 2021 to 31 March 2022 report RC22-05-03

CARRIED

8.4     Resource Consents Manager's Six-Monthly Report

Resource Consents Manager, Tania Harris presented her report which was taken as read. The Committee acknowledged the challenging times for the Resource Consents team and noted their appreciation of the Manager.

Ms Harris noted that some staff are working part-time and some are working remotely. There was a discussion about using non-planners to assist during staff shortages in order to improve the time to process consents. Ms Harris noted the Customer Services team is providing support to the resource consents team.

The meeting discussed the issues of climate change and sea level rise. Mr Bush-King explained the Environmental Information team provides scientific information on hazards, noting some areas are not appropriate for development. Mr Bush-King noted there is guidance for staff and that the Government’s draft National Adaptation Plan for Climate Resilience will involve the Council more in these challenges.

A workshop to discuss the Government’s draft National Adaptation Plan for Climate Resilience was requested. Mr Bush-King said he would pass this on to staff who would be likely to report to the Strategy and Policy Committee. It was noted that Local Government New Zealand is arranging workshops on the draft plan on 10 and 17 May 2022.

Moved Cr Butler/Cr McNamara

RC22-05-9

That the Regulatory Committee receives the Resource Consents Manager's Six-Monthly Report RC22-05-04.

CARRIED

8.5     Chair's Report

Chair, Councillor Dana Wensley presented the report which was taken as read.

The Chair noted that this is Mr Bush King’s final meeting prior to his retirement and she thanked him for his 33 years of service to the Council.

The Committee discussed the presentation in public forum from Mr Watters. Mr Bush-King noted that the dog control hearing was held in 2021 and it was unlikely a new hearing would reach a different conclusion. Mr Bush-King said he would confirm with staff that Mr Watters has been advised about how he can obtain a review of the disqualification. 

The meeting discussed vehicles on beaches. It was noted the Golden Bay Community Board intends to workshop this issue, and their recommendations to the Council can be expected.

Councillor Wensley announced that this would be her final meeting at Tasman District Council as she is taking up a new role in Auckland. She thanked the Councillors for their contribution to the Council and for helping make Tasman a desirable place to live. She wished everyone well.

The Mayor and Councillors acknowledged Councillor Wensley’s work and thanked her for her commitment to the community.

Moved Cr Wensley/Cr Turley

RC22-05-10

That the Regulatory Committee receives the Chair's Report RC22-05-05

CARRIED

8.6     Environmental Assurance Manager's Report RC22-05-06

Mr Bush-King presented his report which was taken as read. He noted the addendum to his report which was tabled. He advised the committee that staff are taking the opportunity to delegate the making of section 95 notification/non-notification decisions to the Team Leader and the Senior Consent Planner roles in the Council. These roles carry the necessary experience and skills to exercise these delegations and it was noted these delegations were consistent with the 2019 review of the Resource Consents section.

Expanding the breadth of roles which hold these delegations will remove any bottlenecks and delays from the processing of consents due to only three current roles with the delegations. The section 88 receipt of application decision should also be lowered to Senior Planners to reduce bottlenecks and allow for lower risk applications to be processed quickly by delegated staff members.

He also recommended that the power to issue water shortage direction notices be delegated to the Environmental Information Manger as a back up to the Group Manager – Environmental Assurance. This position manages the hydrology team on which such decisions are made and is appropriate.

Mr Bush-King noted this would be his last Regulatory Committee meeting before his retirement. He acknowledged his time spent at Tasman District Council, working under four different Mayors and 10 Committee chairs over 33 years.

The Chair and Councillors thanked Mr Bush-King on behalf of the Council and the District for his contribution, including working on the Tasman Resource Management Plan. The Mayor thanked Mr Bush-King, noting he is nationally and locally highly respected for his knowledge and contribution to reforms such as the Resource Management Act.

Moved Cr Wensley/Cr Ogilvie

RC22-05-11

That the Regulatory Committee:

1.      receives the Environmental Assurance Manager's Report RC22-05-06 and

2.      endorses the submissions made in respect of the discussion paper on changes to the NZ Emissions Trading Scheme (Attachment 1) and the Future of the Resource Management System (Attachment 2) of Report RC22-05-06 and

3.      agrees to amend the Delegations Register to reflect the delegations under the Resource Management Act 1991 as outlined in the table below: Note new and deleted delegations are indicated in red:

	Section	Delegation
284	s.87BA Power to decide and give notice on boundary activities	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner,
285	s.87BB Power to decide and give notice on deemed marginal or temporary permitted activities	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner,
288	s.88(3) Power to determine that an application is incomplete.	Group Manager Environmental Assurance, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner
289	s.91 Power to determine not to proceed with processing an application pending applications for additional consent(s).	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner,
290	s.91A, s.91B, s.91C Power to agree and give notice, in relation to requests to suspend processing of consent applications.	Group Manager Environmental Assurance, Resource Consents Manager, Principal Planner – Resource Consents, Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner,
291	s.92(2) (1) Power to request further information from applicants.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consent Senior Consent Planner Consent Planner,
293	s.92A Power to set time limit for further information where the applicant agrees to provide it.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents, Senior Consent Planner Consent Planner
294	ss.95, 95A & 95D Power to determine whether to publicly notify an application for resource consent, and to decide whether the activity will have, or is likely to have adverse effects on the environment that are more than minor.	Group Manager Environmental Assurance, Resource Consents Manager, Principal Planner – Resource Consent Team Leader Land Use Consents Team Leader Natural Resource Consents Team Leader Subdivision Consents Senior Consent Planner
295	ss.95A and 95D Power to determine whether to publicly notify an application for resource consent, including whether special circumstances exist.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resource Consents, Team Leader Resource Consents, Team Leader Subdivision Consents, Principal Planner – Resource Consents Senior Consent Planner
296	ss. 95B, 95E, 95F, 95G Power to determine whether to limited notify an application for resource consent, including whether special circumstances exist.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resource Consents,  Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner
304	s.104-104D, 106 & 107 Power to grant a resource consent for applications which were processed on either a public or limited notified basis not requiring a hearing (follow a decision made pursuant to Section 100 of the Act) and the power to grant a resource consent on any application processed on a non-notified basis.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
306	s.108 Power to impose conditions on resource consents.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
307	ss.108A & 109 Power to make decisions in relation to bonds or covenants.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
312	s.124 Power to permit the exercise of consent while applying for renewal.	Group Manager Environmental Assurance, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents
315	s.127 Power to decide who is adversely affected by an application to change or cancellation of a consent condition.	Group Manager Environmental Assurance, Resource Consents Manager, Principal Planner – Resource Consent Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents
318	s.134(3) Power to receive on behalf of the Council written notice of transfer of whole or part of a land use consent	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Senior Resource Consents Administration Officer, Resource Consents Administration Officer Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
319	s.135 Power to receive on behalf of the Council written notice of transfer of whole or part of a coastal permit.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Senior Resource Consents Administration Officer, Resource Consents Administration Officer Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
320	ss.136(1),(2)(a) & (2)(b)(i) Power to receive on behalf of the Council written notice of transfer of a water permit.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Senior Resource Consents Administration Officer, Resource Consents Administration Officer Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
321	s.136 Power to approve transfer of water permits to another site, except if a hearing is required.	Group Manager Environmental Assurance, Resource Consents Manager, Team Leader Natural Resources Consents Senior Consent Planner Consent Planner
322	s.137 Power to receive on behalf of the Council written notice of transfer of whole or part of a discharge permit and the power to decide on transfers of discharge permits to other sites, except if a hearing is required.	Group Manager Environmental Assurance, Resource Consents Manager, Team Leader Natural Resources Consents Senior Consent Planner Consent Planner
324	s.138A Authority for staff to consider special provisions relating to coastal permits for dumping or incineration.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
325	s.139 Power to issue Certificates of Compliance.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
326	139A Power to issue existing use certificates.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
339	s.176A Power to request changes to outline plans under subsection (3).	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
350	s.220 Power to impose conditions on resource consents.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
351	s.221 Authorisation to issue a consent notice.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
352	s.198BA In consultation with the Chairperson or deputy chair of the Regulatory Committee, power to grant or decline requests for requirements to be determined by the Environment Court instead of by the Consent Authority.	Group Manager Environmental Assurance, Principal Resource Consents Advisor, Resource Consents Manager, Principal Planner – Resource Consents Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
353	s.222 Power to issue a completion certificate	Compliance and Investigations Officer, Consent Planner, Senior Consent Planner Group Manager Environmental Assurance, Resource Consents Manager, Team Leader Compliance Monitoring, Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents
354	s.223 Power to approve any survey plan (subject to Section 243)	Group Manager Environmental Assurance, Resource Consents Manager, Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents Senior Consent Planner Consent Planner
355	s.224(c) Power to certify compliance as an “authorised officer” with specified conditions prior to deposit of survey plan.	Consent Planner, Senior Consent Planner Group Manager Environmental Assurance, Resource Consents Manager, Team Leader Subdivision Consent
356	s.224(f) Power to certify compliance under Section 116A of the Building Act	Building Consent Officer, Building Inspector, Consent Planner, Senior Consent Planner Group Manager Environmental Assurance, Resource Consents Manager, Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consent
361	s.245 Power to approve survey plans for reclamation	Consent Planner, Senior Consent Planner Group Manager Environmental Assurance, Resource Consents Manager, Team Leader Land Use Consents, Team Leader Natural Resources Consents, Team Leader Resource Consents, Team Leader Subdivision Consents
364	S 329 Power to issue a water shortage direction.	Group manager, Environmental Assurance Environmental Information Manager
CARRIED

9        Confidential Session

Nil

The meeting concluded at 12.00 pm

Date Confirmed:

Chair: