Agenda of Customer & Regulatory Services Committee

Notice of Meeting:

I hereby give notice that an ordinary meeting of the Customer & Regulatory Services Committee will be held on:

Date: Monday 7 August 2023

Time: 10.00 am

Venue: Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin

Sandy Graham

Chief Executive Officer

Customer & Regulatory Committee

PUBLIC AGENDA

MEMBERSHIP

Chairperson	Cr Carmen Houlahan
Deputy Chairperson	Cr Andrew Whiley
Members	Cr Bill Acklin	Cr Sophie Barker
	Cr David Benson-Pope	Cr Christine Garey
	Cr Kevin Gilbert	Cr Marie Laufiso
	Cr Cherry Lucas	Cr Mandy Mayhem
	Cr Jim O'Malley	Mayor Jules Radich
	Cr Lee Vandervis	Cr Steve Walker
	Cr Brent Weatherall

Senior Officer Claire Austin, General Manager Customer and Regulatory

Governance Support Officer Jennifer Lapham

Jennifer Lapham

Governance Support Officer

Telephone: 03 477 4000

governance.support@dcc.govt.nz

www.dunedin.govt.nz

Note: Reports and recommendations contained in this agenda are not to be considered as Council policy until adopted

Customer & Regulatory Committee

7 August 2023

ITEM TABLE OF CONTENTS PAGE

1 Karakia Timatanga 4

2 Public Forum 4

2.1 Public Forum - Kate McElroy 4

3 Apologies 4

4 Confirmation of Agenda 4

5 Declaration of Interest 5

6 Confirmation of Minutes 14

6.1 Customer & Regulatory Committee meeting - 15 May 2023 14

Part A Reports (Committee has power to decide these matters)

7 Actions From Resolutions of Customer and Regulatory Committee Meetings 20

8 Customer and Regulatory Committee Forward Work Programme - August 2023 23

9 Issues and Trends Report 27

10 Review of Dog Control Bylaw and Dog Control Policy 33

11 Submission to Ministry of Business Innovation and Employment on the Review of the Building Consent System Options Paper 58

12 Items for Consideration by the Chair 96

13 Karakia Whakamutunga

The meeting will close with a Karakia Whakamutunga.

Customer & Regulatory Services Committee

7 August 2023

Customer & Regulatory Committee

MINUTES

Minutes of an ordinary meeting of the Customer & Regulatory Services Committee held in the Council Chamber, Dunedin Public Art Gallery, The Octagon, Dunedin on Monday 15 May 2023, commencing at 1:00pm

PRESENT

Chairperson	Cr Carmen Houlahan

Deputy Chairperson	Cr Andrew Whiley

Members	Cr Bill Acklin	Cr Sophie Barker
	Cr David Benson-Pope	Cr Christine Garey
	Cr Kevin Gilbert	Cr Marie Laufiso
	Cr Cherry Lucas	Cr Mandy Mayhem
	Cr Jim O'Malley	Mayor Jules Radich
	Cr Lee Vandervis	Cr Steve Walker
	Cr Brent Weatherall

IN ATTENDANCE

Sandy Graham (Chief Executive Officer), Paul Henderson (Acting General Manager Customer and Regulatory), Eleanor Bunt (Senior In-House Legal Counsel); Anne Gray (Policy Analyst), Neil McLeod (Principal Advisor, Building Solutions) and Clare Sullivan (Principal Committee Advisor)

Governance Support Officer Jennifer Lapham

1 Opening

Cr Carmen Houlahan opened with a karakia timatanga.

2 Public Forum

2.1 Public Forum – Waikouaiti Coast Community Board

Andy Barratt and Chris McBride spoke to the Committee regarding the 477 4000 number and the lack of response to questions or matters raised via this service.

3 APOLOGIES

There were no apologies.

4 CONFIRMATION OF AGENDA

Moved (Cr Carmen Houlahan/Cr Sophie Barker):

That the Committee:

Confirms the agenda without addition or alteration

Motion carried (CRC/2023/005)

5 Declarations of interest

Members were reminded of the need to stand aside from decision-making when a conflict arose between their role as an elected representative and any private or other external interest they might have.

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

a) Notes the Elected Members' Interest Register; and

b) Confirms the proposed management plan for Elected Members' Interests.

Motion carried (CRC/2023/006)

6 confirmation of minutes

6 Customer & Regulatory Committee - 7 March 2023

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

Confirms the minutes of the Customer & Regulatory Committee meeting held on 7 March 2023.

Motion carried (CRC/2023/007)

Part A Reports

7 Actions From Resolutions of Customer and Regulatory Committee Meetings

A report from Civic provided an update on the open actions from resolutions of Customer and Regulatory Committee meetings from the start of the triennium in October 2022.

Moved (Cr Andrew Whiley/Cr Jim O'Malley):

That the Committee:

Notes the Open Actions from resolutions of Customer and Regulatory Committee meetings.

Motion carried (CRC/2023/008)

8 Customer and Regulatory Committee Forward Work Programme - March 2023

A report from Civic provided an update of the Customer and Regulatory Committee forward work programme to show areas of activity, progress and expected timeframes for decision making across a range of areas of work.

The Chief Executive Officer (Sandy Graham) and the Acting General Manager, Customer and Regulatory) spoke to the report and responded to questions.

Moved (Cr Cherry Lucas/Cr Kevin Gilbert):

That the Committee:

Notes the Customer and Regulatory Committee forward work programme.

Motion carried (CRC/2023/009)

9 Bylaw review update

A report from Customer and Regulatory provided information on Dunedin City Council bylaws for the Customer and Regulatory Committee’s consideration.

The Acting General Manager Customer and Regulatory (Paul Henderson), the Senior In-House Legal Counsel (Eleanor Bunt) and the Policy Analyst (Anne Gray) spoke to the report and responded to questions.

Moved (Cr Carmen Houlahan/Cr Jim O'Malley):

That the Committee:

Notes the Bylaw Review Update report.

Motion carried (CRC/2023/010)

10 Demolition by neglect update

A report from Customer and Regulatory updated the Committee on considerations relating to demolition by neglect.

Moved (Cr David Benson-Pope/Cr Kevin Gilbert):

That the Committee:

a) Notes the Demolition By Neglect report.

b) Requests that staff investigate the costs and benefits of using the Building Act proactively to address demolition by neglect and the degradation of the Dunedin Streetscape.

c) Notes that constructive engagement and incentivisation will continue as a core function of the City Development Team.

Division

The Committee voted by division

For: Crs Bill Acklin, Sophie Barker, David Benson-Pope, Christine Garey, Kevin Gilbert, Marie Laufiso, Cherry Lucas, Mandy Mayhem, Jim O'Malley, Mayor Jules Radich, Lee Vandervis, Steve Walker, Brent Weatherall, Andrew Whiley and Carmen Houlahan (15)

Against: Nil

Abstained: Nil

The division was declared CARRIED by 15 votes to 0

Motion carried (CRC/2023/011)

11 Items for Consideration by the Chair

There were no items for consideration.

12 Karakia Whakamutunga
	Cr Carmen Houlahan closed the meeting with a Karakia Whakamutunga

The meeting concluded at 2.35 pm..

.................................

C H A I R P E R S O N

Customer & Regulatory Services Committee

7 August 2023

Review of Dog Control Bylaw and Dog Control Policy

Department: Customer and Regulatory

EXECUTIVE SUMMARY

1 This report recommends that the Customer and Regulatory Committee (the Committee) approves commencement of the review of the Dog Control Bylaw (the Bylaw) and the associated Dog Control Policy (the Policy). See Attachment A for the Bylaw and Attachment B for the Policy.

2 The Dog Control Act 1996 (the Act) requires that local authorities must have a policy on dogs, and to give effect to the policy, must make a dog control bylaw. The Act also requires local authorities to determine that a bylaw is the most appropriate way to address issues relating to dog control.

3 The Dunedin City Council (DCC) Bylaw and Policy must be reviewed by 1 July 2026. It is recommended the review starts now so it is completed within the required statutory timeframes.

RECOMMENDATIONS

That the Committee:

a) Notes that the Dog Control Act 1996 requires local authorities to have a policy on dogs and to give effect to that policy with a dog control bylaw.

b) Determines that a bylaw is the most appropriate way to address issues relating to dog control in Dunedin.

c) Approves commencement of the review of the Dog Control Bylaw and Dog Control Policy.

BACKGROUND

Dog Control Act 1996

4 The Act requires that territorial authorities must have a policy on dogs which:

· Outlines the nature and application of any dog control bylaw

· Identifies where dogs are to be controlled and how they are to be controlled

· Designates any dog exercise areas, and

· States whether menacing dogs are to be neutered.

5 The policy must have regard to:

· The need to minimise danger, distress, and nuisance to the community generally, and

· The need to avoid danger in dogs having uncontrolled access to public places frequented by children, and

· The importance of public use of public places without fear of attack or intimidation by dogs, and

· The exercise and recreational needs of dogs and dog owners.

6 Dog control bylaws are required to enforce the mandatory dog policy. Bylaws cannot contravene the policy.

Review requirements

7 The Act requires that a dog control bylaw must be made and reviewed in accordance with the Local Government Act 2002 (LGA).

8 The Bylaw and the Policy were last reviewed in 2015/2016 with this version taking effect from 1 July 2016. The LGA requires that bylaws are to be reviewed no later than ten years after the last review. The Act requires dog policies to be reviewed whenever the bylaw is reviewed. A review of this nature requires use of the special consultative procedure (SCP).

DISCUSSION

Bylaw is still appropriate

9 The Act requires that when reviewing a bylaw, the territorial authority must still make the relevant determinations at section 155 of the LGA, that a bylaw is considered the most appropriate way to address issues relating to dog control in Dunedin. In any event, the Act requires that territorial authorities must have a bylaw to give effect to the policy which is a mandatory requirement under the Act.

10 Generally, evidence shows that the Policy and the Bylaw are working well, with good compliance. The Bylaw and the Policy, along with public education, minimise danger to the community and provide for the exercise and recreational needs of dogs and dog owners.

Areas for consideration

11 Specific areas for attention during the review will be where dogs are to be controlled and how they are to be controlled, dog exercise areas, and ensuring public information about the Bylaw and Policy is consistent.

Community engagement

12 The Act requires that the SCP is used for the review of the Bylaw and the Policy. Key stakeholders to be advised of the review and invited to comment include the Society for the Prevention of Cruelty to Animals, Community Boards, Yellow-Eyed Penguin Trust, Wildlife Hospital, Department of Conservation, Blind Foundation, the Police, surf lifesaving clubs, Athletics Otago, bird clubs as well as dog owners and non-dog owners.

Review commencement

13 Historically, community engagement with any review of the DCC’s Dog Control Bylaw and Policy has been enthusiastic and vigorous. Staff anticipate that the review process for both documents will take around 18 months. Prompt commencement of the review process will allow all community feedback to be considered and the review of both documents completed within statutory timeframes.

OPTIONS

14 There are no options to this report as review of the Bylaw and the Policy is legislatively required within set timeframes. The DCC must have a policy and therefore a bylaw relating to dogs.

NEXT STEPS

15 Staff will proceed to review the Bylaw and the Policy and will report back to the Committee in early 2024 with a draft statement of proposal and draft bylaw, for consultation purposes.

Signatories

Author:

Anne Gray - Policy Analyst

Authoriser:

Ros MacGill - Manager Compliance Solutions

Claire Austin - General Manager Customer and Regulatory

Attachments

	Title	Page
⇩a	Dog Control Bylaw 2016	40
⇩b	Dog Control Policy 2016	52

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☐	☐	☒
Environment Strategy	☒	☐	☐
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☒	☐	☐
Other strategic projects/policies/plans	☒	☐	☐

Review of the Bylaw and the Policy contributes to priorities of safe people in the Social Wellbeing Strategy, healthy environment in Te Ao Tῡroa, liveable city in the Spatial Plan, and treasuring parks and open spaces supporting communities to thrive in the Parks and Recreation Strategy. The associated Policy must be reviewed at the same time as the Bylaw.

Māori Impact Statement

Local rῡnaka are identified as stakeholders and will be engaged with as part of this review.

Sustainability

There are no known implications for sustainability, however sustainability will be a consideration when implementing any changes to the Bylaw.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications.

Significance

This decision is considered low-medium in terms of the Council’s Significance and Engagement Policy. It is anticipated there will be strong interest in the review with some divided views amongst the community.

Engagement – external

To date, there has been no external engagement. The special consultative procedure must be used when reviewing the Bylaw and the Policy. Key stakeholders who will be engaged with include Community Boards, Society for the Prevention of Cruelty to Animals, Yellow-Eyed Penguin Trust, Wildlife Hospital, Department of Conservation, Blind Foundation, the Police, surf lifesaving clubs, Athletics Otago, bird clubs as well as dog owners and the public.

Engagement - internal

There has been initial internal engagement with In-House Legal Counsel, Parks and Recreation and Business Information Services.

Risks: Legal / Health and Safety etc.

There are no identified risks with this proposal. The risk of not starting the review and delaying it are that legislative timeframes for the review are not met.

Conflict of Interest

There is no known conflict of interest.

Community Boards

Community Boards are identified as a key stakeholder and will be engaged with as part of this review.

Customer & Regulatory Services Committee

7 August 2023

Submission to Ministry of Business Innovation and Employment on the Review of the Building Consent System Options Paper

Department: Customer and Regulatory

EXECUTIVE SUMMARY

1 This report seeks approval of a Dunedin City Council (DCC) cover letter (Attachment A) and submission (Attachment B) to the Ministry of Business, Innovation and Employment (MBIE) on its review of the building consent system options paper.

2 The DCC welcomes the review and its aim “to modernise the system to provide assurance to building owners and users that building work will be done right the first time and that buildings are well-made, healthy, durable and safe”.

3 This is the second Council submission on this topic and follows the earlier submission on an MBIE discussion document in September 2022. The June 2023 MBIE options paper furthers previous work by proposing various options for consultation, both technical and strategic in nature.

4 The submission provides specific feedback on the 53 submission questions and supports MBIE taking a more proactive role as a regulatory steward to help achieve the review’s desired outcomes. It also highlights the following points, some of which were also made in 2022:

· In Dunedin the building consent system generally works well in a timely and affordable manner to ensure buildings are healthy, durable and safe.

· A broader consideration of the role of The Treaty of Waitangi in the building system is required.

· The government is currently progressing simultaneous reforms. These could impact on territorial authorities through compounding effects of cost, staff workload and retention, service capability and capacity.

· It is unclear in a risk-based system who picks up the risk and liability.

· An agile system needs balance between greater consistency and the discretion and flexibility required.

· Any proposed change needs appropriate resourcing and planning.

RECOMMENDATIONS

That the Committee:

a) Approves the DCC submission, with any amendments, to the Ministry of Business, Innovation and Employment on its review of the building consent system

b) Authorises the Chief Executive to make minor editorial changes to the submission.

BACKGROUND

MBIE building consent system review

Building consent system review

5 The Government is undertaking a substantive review of the building consent system with the aim “to modernise the system to provide assurance to building owners and users that building work will be done right the first time, thereby ensuring that buildings are well-made, healthy, durable and safe”.

6 This review sits within the wider Government reform programme which includes Resource Management, 3 Waters, Local Government reforms and Climate Change Adaptation.

September 2022 submission on building consent review discussion document

7 The Council provided feedback on a discussion document in September 2022. This document focussed on the key issues and desirable outcomes for the building consent system.

8 Due to the technical nature and complexity of this review, a Councillor workshop was held on 11 August 2022.

DISCUSSION

August 2023 submission on MBIE building consent review options paper

Desirable outcomes of the review

9 Following the 2022 consultation, MBIE prioritised the desired outcomes of the review as:

a) The system is efficient

b) Roles and responsibilities are clear, appropriate and understood

c) The system is responsive to change and continuously improves

d) Regulatory requirements and decisions are robust, predictable, transparent and understood.

MBIE options paper – strategic and technical

10 Since 2022, MBIE has developed a broad range of high-level options and initiatives, both strategic and technical in nature, and they now seek feedback on these via an options paper with 53 questions. Here is the link to the MBIE options paper.

11 MBIE has identified key strategic matters for consideration including:

· Strengthening roles and responsibilities in the system

· New assurance pathways e.g. self-certification and commercial consent options

· Better delivery of building consent service e.g. greater national direction and consistency, capacity and capability, and achieving greater economies of scale

· Better performance monitoring and system stewardship

· Better responding to the needs and aspirations of Māori, and

· Addressing the interface between the building and resource consent systems.

DCC submission

12 The DCC responds to the specific questions and also includes the following key points in its submission:

· In Dunedin the building consent system generally works well in a timely and affordable manner to ensure buildings are healthy, durable and safe.

· A broader consideration of the role of The Treaty of Waitangi in the building system is required.

· It is unclear in a risk-based system who picks up the risk and liability.

· An agile system needs balance between greater consistency and the discretion and flexibility required.

· Any proposed change needs appropriate resourcing and planning.

Submission timeframe

13 The submission is due with MBIE by Monday 21 August. An optional Councillor question and answer session was held in July.

OPTIONS

14 Options are whether to make a submission to MBIE on the review of the building consent system options paper.

Option One – Approve the submission to MBIE (or amended) - Recommended Option

Advantages

· Provides MBIE with feedback on the system review

· Opportunity to represent views of the DCC and Dunedin BCA

· Opportunity for views to contribute to positive change of the system.

Disadvantages

· There are no identified disadvantages.

Option Two – Do not approve the submission to MBIE (or amended) - Status Quo

Advantages

· There are no identified advantages.

Disadvantages

· Does not provide MBIE with feedback on the system review

· Lost opportunity to represent views of the DCC and Dunedin BCA and to contribute to positive change.

NEXT STEPS

15 If the Council approves the submission, then the submission will be sent to MBIE by 21 August.

Signatories

Author:	Paul Henderson - Building Services Manager
Authoriser:	Claire Austin - General Manager Customer and Regulatory

Attachments

	Title	Page
⇩a	Cover letter to MBIE for DCC submision on building consent system review options paper	66
⇩b	Submission to MBIE on building consent system review options paper	68

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities.

This decision promotes the social well-being of communities in the present and for the future.

This decision promotes the economic well-being of communities in the present and for the future.

Fit with strategic framework

	Contributes	Detracts	Not applicable
Social Wellbeing Strategy	☒	☐	☐
Economic Development Strategy	☒	☐	☐
Environment Strategy	☐	☐	☒
Arts and Culture Strategy	☐	☐	☒
3 Waters Strategy	☐	☐	☒
Spatial Plan	☒	☐	☐
Integrated Transport Strategy	☐	☐	☒
Parks and Recreation Strategy	☐	☐	☒
Other strategic projects/policies/plans	☐	☐	☒

This submission contributes to priorities of ‘healthy and safe people’ and ‘affordable and healthy homes’ in the Social Wellbeing Strategy, ‘compelling destination’ and ‘business vitality’ in the Economic Development Strategy, and ‘liveable city’ in the Spatial Plan.

Māori Impact Statement

The submission highlights the need for timely and meaningful engagement on providing a Māori perspective on building and construction and how the system responds to needs and aspirations of Māori.

Sustainability

The focus of the review is “to provide assurance to building owners and users that building work will be done right the first time, thereby ensuring that buildings are well-made, healthy, durable and safe”.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications at this stage for these documents.

Financial considerations

There are no financial implications for these documents.

Significance

Deciding on this submission is considered low in terms of the Council’s Significance and Engagement Policy.

Engagement – external

There has been no external engagement in preparing this submission.

Engagement - internal

There has been internal engagement with the Corporate Policy Team and City Planning.

Risks: Legal / Health and Safety etc.

There are no identified risks deciding on this submission.

Conflict of Interest

There is no identified conflict of interest.

Community Boards

There are no specific implications for Community Boards at this stage.

	Title	Page
⇩a	Building Services - Issues and Trends	31
⇩b	Compliance Solutions - Issues and Trends	32
⇩c	Customer Services and Resource Consent - Issues and Trends	33

	Title	Page
A ⇩	Minutes of Customer & Regulatory Committee meeting held on 15 May 2023	15

Author:	Jennifer Lapham - Governance Support Officer
Authoriser:	Sharon Bodeker - Manager Governance