Submissions
Hearing
Agenda – 24 September 2024
3 Reports
3.1
Draft Cat
Management Bylaw Submissions
Decision Required
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Report
To:
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Submissions
Hearing
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Meeting
Date:
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24
September 2024
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Report
Author:
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Cat
Budai, Community Policy Advisor
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Report
Authorisers:
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Dwayne
Fletcher, Strategic Policy Manager; Rob Smith, Acting Group Manager -
Information, Science & Technology
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Report
Number:
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RSH24-09-4
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1. Purpose
of the Report / Te Take mō te Pūrongo
1.1 The
purpose of this report is to accept and hear the submissions received on the Draft Cat Management Bylaw.
1.2 The
report does not include the staff deliberations report or an analysis of the
submissions. This will be provided to the Hearings Panel before its
deliberations meeting on 16 October 2024.
2. Summary
/ Te Tuhinga Whakarāpoto
2.1 This
report is to enable the Hearings Panel to accept and hear submissions on the
Draft Cat Management Bylaw.
2.2 The
consultation period for the Draft Cat Management Bylaw was open between 26 July
and 27 August. We received 152 submissions.
2.3 We
received no late submissions between 27 August and 3 September. At the time of
writing this report, none have been received beyond this point.
2.4 There
are 18 submitters who wish to be heard.
2.5 The
schedule of presenters for this meeting is attached as Attachment 1.
Subsequent changes to the schedule will be advised before the hearing
commences. A copy of the submissions made by those submitters wishing to be
heard has been circulated to the Hearing Panel.
2.6 Staff
will prepare an analysis of the submissions received on the Draft Cat
Management Bylaw for the deliberations meeting scheduled for 16 October 2024.
2.7 The
entirety of submissions have been provided to Councillors on LG Hub and are
also available for viewing by the public on the Council’s website.
Personal contact information has been redacted.
3. Recommendation/s
/ Ngā Tūtohunga
That the Draft Cat Management Bylaw
Submissions Hearing and Deliberations Panel
1. receives
the Draft Cat Management Bylaw Submissions report RSH24-09-4; and
2. receives and considers all 152 submissions on the Draft Cat Management Bylaw received by 27
August 2024; and
3. declines to accept any late Draft Cat Management Bylaw
submissions received after 5.00 pm on 3 September 2024.
4.1 As part of the consultation process for
the Draft Cat Management Bylaw, submitters have the option of presenting their
views to the Council verbally.
4.2 The Council asked submitters whether
they would like to present their views verbally on the submission form.
4.3 Eighteen submitters wish to be heard
verbally.
4.4 Staff have organised for these
submitters to present their views to the Hearing Panel at today’s
meeting.
4.5 Staff have contacted all submitters that
wish to be heard and have booked a time for each submitter to speak. At the
time of writing, confirmation had not been received from all submitters, so it
is possible that some submitters may not show up to present.
4.6 At the Council Meeting on 1 August 2024,
the Council appointed a Hearings Panel consisting of Councillors Hill (Chair),
Bryant, Ellis, Mackenzie and Maru.
4.7 The purpose of the Hearing Panel is to:
4.7.1 consider the views of submitters (from this hearing and
from the written submissions); and
4.7.2 deliberate on changes that may need to be made to the
Draft Cat Management Bylaw.
5. Analysis
and Advice / Tātaritanga me ngā tohutohu
The hearing process
5.1 The
hearing schedule is attached as Attachment 1.
5.2 Each
submitter has been allowed a maximum of five minutes to speak to their
submission. This time includes any points of clarification from the Hearing
Panel.
5.3 Staff
have asked submitters to be available from the start of the hour that they have
been assigned, and staff have allocated up to 12 submitters per hour. This is
in anticipation that some will not use their allocated five minutes and that
some submitters may not attend.
5.4 Submitters
will be present either in person or on Zoom.
6.1 The options are outlined in the
following table:
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Option
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Advantage
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Disadvantage
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1.
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Receives and considers all submissions,
including any late submissions up until the deliberations meeting on 16
October.
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All submitters who wish to be heard can
be heard.
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Any late submissions may not be able to
be incorporated into the deliberations report in time
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2.
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Receives and considers all submissions
received during the consultation period.
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Submissions can be fully analysed for the
deliberations report on 16 October.
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Submitters wishing to place a late
submission may not feel they have been heard by the Council.
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6.2 Option 2 is recommended.
7.1 To ensure due process, it is important
that the Hearing Panel receives and considers submissions with an open mind.
7.2 At its meeting on 18 July 2024, the
Environment and Regulatory Committee determined to consult on the Draft Cat
Management Bylaw.
7.3 In the case of a significant decision,
the Council must ensure that the decision is made in accordance with the
provisions of sections 77, 78, 80, 81 and 82 of the Local Government Act 2002
(LGA). In summary, the Council must:
7.3.1 identify and assess the reasonably practicable options;
7.3.2 consider the views of interested and affected parties;
and
7.3.3 establish processes for Māori to participate in
decision-making.
7.4 The
Council must also ensure that the principles of consultation are met. This
means that people who will or may be affected or have an interest have
reasonable access to relevant information, including about the purpose and
scope of the decisions, and are encouraged to present their views. The Council
must ensure that:
7.4.1 submitters can present their views in a manner and
format appropriate to their preferences;
7.4.2 the views presented are received with an open mind; and
7.4.3 submitters have access to a clear record and explanation
of the relevant decisions made by the Council.
7.5 At
the 18 July 2024 the Environment and Regulatory Committee decided to hold a
submission hearing on the Draft Cat Management Bylaw so that the public can
present their views verbally.
7.6 At
the same meeting the Council adopted the Statement of Proposal (including the
draft bylaw) and Summary of Information. The bylaw process must follow the
Special Consultative Procedure under the LGA, which means the Council is
required to offer the opportunity for submitters to present their views
verbally.
7.7 In
accordance with section 161(4) of the Local Government Act 2002, the Council
cannot delegate the power to make bylaws. As such, the final bylaw must be
adopted by the Full Council.
8. Iwi
Engagement / Whakawhitiwhiti ā-Hapori Māori
8.1 Iwi have been notified about the bylaw
review through the Council’s Iwi Engagement Portal and encouraged to make
a submission during the consultation period. Iwi who indicated that they would
like to be involved, were sent a further email to invite them to make a
submission. None were received.
9. Significance
and Engagement / Hiranga me te Whakawhitiwhiti ā-Hapori Whānui
9.1 At the Environment and Regulatory
Committee meeting on 18 July 2024 staff advised elected members of the
significance of the Draft Cat Management Bylaw and recommended a Special
Consultative Procedure. A public consultation has been carried out between 26 July
and 27 August 2024 to meet the requirements under the Local Government Act
2002.
9.2 In the same meeting staff advised that
the level of significance for the draft bylaw would be of high interest to the
public.
9.3 The hearing is the next step in the
decision-making process and provides submitters the opportunity to present
their submissions verbally to the Hearings Panel.
9.4 The decision for the Hearings Panel to
make is whether to accept the submissions received so far and any future
submissions received after 27 August 2024 for the Draft Cat Management Bylaw.
9.5 The significance of this decisions is
low.
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Issue
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Level of
Significance
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Explanation of
Assessment
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1.
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Is there a high level
of public interest, or is decision likely to be controversial?
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Low
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Low level of public
interest and moderate/high interest for any late submissions that come in.
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2.
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Are there impacts on
the social, economic, environmental or cultural aspects of well-being of the
community in the present or future?
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Low
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This decision is to
accept the submissions received. No decisions are sought on the substantive
issues.
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3.
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Is there a
significant impact arising from duration of the effects from the decision?
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Low
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This is the only
opportunity for any late submitters to be heard, however, at the time of
writing there are none.
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4.
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Does the decision
relate to a strategic asset? (refer Significance and Engagement Policy for
list of strategic assets)
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No
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The decision does not
relate to a strategic asset.
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5.
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Does the decision
create a substantial change in the level of service provided by Council?
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No
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The decision does not
change any level of service.
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6.
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Does the proposal,
activity or decision substantially affect debt, rates or Council finances in
any one year or more of the LTP?
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No
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This decision is to
accept submissions, which does not have any budgetary implications.
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7.
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Does the decision
involve the sale of a substantial proportion or controlling interest in a CCO
or CCTO?
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No
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This decision does not have any
impact on a CCO or CCTO.
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8.
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Does the
proposal or decision involve entry into a private sector partnership or
contract to carry out the deliver on any Council group of activities?
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No
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This decision does
not involve a private sector partnership or contract.
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9.
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Does the proposal or
decision involve Council exiting from or entering into a group of
activities?
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No
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This decision does
not involve Council exiting from or entering into a group of activities.
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10.
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Does the proposal
require particular consideration of the obligations of Te Mana O Te Wai
(TMOTW) relating to freshwater or particular consideration of current
legislation relating to water supply, wastewater and stormwater
infrastructure and services?
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No
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This decision does
not require consideration of Te Mana o te Wai
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10. Communication
/ Whakawhitiwhiti Kōrero
10.1 All submitters have had the opportunity to indicate
whether they would like to speak to their submission at a hearing. Those who
indicated that they wished to speak have been contacted to arrange a time
during the hearing.
11. Financial
or Budgetary Implications / Ngā Ritenga ā-Pūtea
11.1 There are no budgetary implications associated with
the decision to accept submissions.
12.1 There is a low level reputational risk if late
submissions are not accepted as submitters may not feel that they have been
heard by the Council.
13. Climate
Change Considerations / Whakaaro
Whakaaweawe Āhuarangi
13.1 There are no climate change considerations
associated with the decision to accept submissions.
14. Alignment
with Policy and Strategic Plans / Te Hangai ki ngā aupapa Here me ngā
Mahere Rautaki Tūraru
14.1 Not applicable
15. Conclusion
/ Kupu Whakatepe
15.1 This report recommends that the Hearings Panel
accepts the submissions received on the Draft Cat Management Bylaw during the
consultation period of 26 July to 27 August 2024.
15.2 The report lists the proposed order of submitters
at the hearing. Staff will provide a report to the Hearing Panel for the
deliberations meeting on 16 October 2024.
16. Next
Steps and Timeline / Ngā Mahi Whai Ake
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Date
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Process
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16 October 2024
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Deliberations.
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28 November 2024
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Final Cat Management Bylaw presented to the Council
meeting for approval and adoption.
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13 December 2024
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Public notice in Newsline and on the Council’s
website advising that the bylaw has been adopted.
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1.⇩
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Draft
Speaking Schedule
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10
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