Agenda of Customer & Regulatory Services Committee

Customer & Regulatory Services Committee

11 March 2025

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 Tuesday 17 September 2024, commencing at 12.21 pm

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
	Cr Lee Vandervis	Cr Steve Walker
	Cr Brent Weatherall

IN ATTENDANCE

Jeanette Wikaira (General Manager Arts, Culture and Recreation), Alan Worthington (Acting General Manager Customer and Regulatory), Carlo Bell (Team Leader, Environmental Health &Alcohol Licencing), Anna Neilson (Group Manager, Property Services), Paula Dickel (Property Officer Advisory) and Clare Sullivan (Manager Governance)

Governance Support Officer Jennifer Lapham

It was moved (Cr Carmen Houlahan/Cr Jim O’Malley)

That the Committee

Adjourn the meeting until 1 pm.

Motion carried

The meeting adjourned at 12.23 pm

1 Public Forum

There was no Public Forum.

2 Apologies

An apology was received from Mayor Radich.

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

Accepts the apology from Mayor Radich

Motion carried

3 Confirmation of agenda

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

Confirms the agenda without addition or alteration

Motion carried

4 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.

There was no new interests declared.

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

a) Notes the Elected Members' Interest Register.

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

Motion carried (CRC/2024/020)

5 Confirmation of Minutes

5.1 Customer & Regulatory Committee meeting - 6 August 2024

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

a) Confirms the minutes of the Customer & Regulatory Committee meeting held on 06 August 2024 as a correct record.

Motion carried (CRC/2024/021)

Part A Reports

6 Customer and Regulatory Committee Forward Work Programme

Alan Worthington (Acting General Manager Customer and Regulatory) was in attendance to speak to the report.

Moved (Cr Andrew Whiley/Cr Cherry Lucas):

That the Committee:

a) Notes the Customer and Regulatory Committee forward work programme..

Motion carried (CRC/2024/022)

7 Animal Services Annual Report to the Department of Internal Affairs

Alan Worthington (Acting General Manager Customer and Regulatory) and Cazna Savell (Team Leader Animal Services) spoke to the report and responded to questions.

Moved (Cr Carmen Houlahan/Cr Mandy Mayhem):

That the Committee:

a) Notes the Animal Services annual report to the Department of Internal Affairs as at 30 June 2024.

Motion carried (CRC/2024/023)

8 Beauticians Tattooists and Skin-Piercers Bylaw Review

Alan Worthington (Acting General Manager Customer and Regulatory) and Carlo Bell (Team Leader, Environmental Health & Alcohol Licencing), Anne Gray (Policy Analyst/Business Coordinator) spoke to the report and responded to questions.

Moved (Cr Carmen Houlahan/Cr Andrew Whiley):

That the Committee:

a) Approves commencement of the Beauty Therapists, Tattooists and Skin-Piercers Bylaw

b) Determines that a bylaw is the most appropriate way to address issues relating to beauty therapist, tattooist and skin-piercer practices in Dunedin.

Motion carried (CRC/2024/024) with Councillor Vandervis voting against

9 Proposed Road Stopping: 142 Coast Road, Warrington

Anna Neilson (Group Manager, Property Services) and Paula Dickel (Property Officer Advisory) spoke to the report and responded to question.

Moved (Cr Mandy Mayhem/Cr Andrew Whiley):

That the Committee:

a) Approves public notification of the Council’s intention to stop two sections of legal road at 142 Coast Road, Warrington, subject to the Minister for Land Information’s consent and the applicant agreeing to:

i) Pay the Council the non-refundable fee for processing the road stopping.

ii) Pay the Council the actual costs incurred for the stopping, regardless of whether or not the stopping reaches a conclusion, and the market value of the stopped road, assessed by the Council’s valuer.

iii) Amalgamate the stopped portion of road with the title of the adjacent land that is owned by the applicant, being the land contained within Record of Title 902788.

iv) Accept the application of the standards contained within the Dunedin City Council Code for Subdivision and Development to the stopped road.

v) Register any easements over the stopped portion of road in favour of utility companies (if required by the utility company).

Motion carried (CRC/2024/025)

10 Items for Consideration by the Chair

There were no items raised.

The meeting concluded at 1.40 pm .

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

C H A I R P E R S O N

Customer & Regulatory Services Committee

11 March 2025

Review of Trading in Public Places Bylaw

Department: Customer and Regulatory

EXECUTIVE SUMMARY

1 In May 2024, the Customer and Regulatory Committee (the Committee) approved commencement of the review of the Trading in Public Places Bylaw (the Bylaw) and made an initial determination that a bylaw is the most appropriate way to address public trading issues in Dunedin. The review must be carried out under requirements of the Local Government Act 2002 (LGA).

2 This report presents the results of early engagement on the review which was conducted in November/December 2024. It asks the Committee to approve a draft Bylaw (see tracked changes at Attachment A) and to adopt a statement of proposal (see Attachment B) for consultation purposes. It also asks the Committee to resolve that the draft Bylaw meets requirements of section 155 of the LGA.

3 In summary, minor amendments are proposed to the existing Bylaw which is working well to regulate trading in Dunedin public places.

RECOMMENDATIONS

That the Committee:

a) Notes the review’s early engagement results

b) Resolves that the proposed draft Trading in Public Places Bylaw meets the requirements of section 155 of the Local Government Act, in that:

i) A bylaw is the most appropriate way to address issues arising from or that could arise from trading in public places in Dunedin;

ii) the proposed Bylaw is the most appropriate form of bylaw; and

iii) the proposed Bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

c) Approves the draft Trading in Public Places Bylaw for consultation purposes, subject to any minor amendments.

d) Adopts the statement of proposal for consultation purposes, subject to any minor amendments.

BACKGROUND

Local Government Act 2002

4 Under the Act, bylaws can be made for one or more of the following general purposes: protecting the public from nuisance; protecting, promoting, and maintaining public health and safety; and minimising the potential for offensive behaviour in public places (section 145).

5 The Act also allows bylaws to be made specifically to regulate trading in public places (section 146(1)(a)(vi).

6 The Act requires that a new bylaw is initially reviewed within five years of being made. Thereafter the review period is ten years. Following a review, a bylaw can be amended, revoked, revoked and replaced or continue without amendment.

Dunedin Trading in Public Places Bylaw

7 The Bylaw was made on 27 October 2020 and came into effect on 1 January 2021. It replaced the Mobile Trading and Temporary Stall Bylaw which had been in place for more than 30 years but only regulated mobile trading and temporary stalls. As substantial changes were proposed, the Mobile Trading and Temporary Stall Bylaw was revoked, and a new bylaw was made.

8 From 2021, the Bylaw required permits for a wider range of public trading activities than were addressed in the previous Mobile Trading and Temporary Stall Bylaw, including rental scheme operators (e.g. e-scooter companies), street fundraising, street performing, touting, and commercial use of footpaths. The Bylaw provides for a permit regime and requires that operators comply with the conditions of their permit and other requirements, including maintaining safe pedestrian access in public places. Under the Bylaw, the Council may charge fees for applications and permits.

9 Although the purpose of the Bylaw is to “protect health and safety, protect the public from nuisance and regulate trading in public places” it is also important to acknowledge the benefits that public trading activities can provide to the city, including vibrancy, liveliness and attractive lifestyle options.

10 Conditions for each trading activity have been developed over time and are reviewed at various intervals as appropriate and with the relevant level of engagement. Conditions for each trading activity can be found on the DCC website with the Trading in Public Places Bylaw.

DISCUSSION

Community engagement

11 Early engagement with the community was carried out between 18 November 2024 and 6 December 2024 to inform the review (and to better understand whether the Bylaw is the most appropriate way of addressing perceived problems and issues with trading activities in public places).

12 Information and an online survey were advertised via the Otago Daily Times noticeboard, through the Dunedin City Council (DCC) and Ara Toi social media and via targeted emails to key stakeholders for each of the trading activities. Emails were also sent to the disability community and Community Boards.

Results of early engagement

13 There were eight responses. Respondents included two mobile traders, two members of the public, a former street performer and an Otago Farmers Market representative.

Generally, do you think the current Trading in Public Places Bylaw is working well to regulate trading in public places?

Response	Number
Yes	2
No	3
Not sure	3
TOTAL	8

Three respondents commented. See Attachment C for the full comments.

Are there activities that you think do not need this requirement (to have a permit and comply with conditions)?

Response	Number
Street performing	3
Street fundraising	3

Any other comments

Four respondents commented. See Attachment C for the full comments.

Proposals

14 Generally, the Bylaw (in conjunction with the trading activity conditions and code of practice for rental scheme operators) is working well to regulate trading activities in Dunedin public places. Proposed changes to the existing Bylaw are relatively minor in nature and are detailed here:

Section	Proposed change	Reason
Application	Remove that the bylaw applies to Dunedin City	This is unnecessary as the s 145 of the LGA is clear that the bylaw can only apply to the Dunedin City Council district.
Definitions	Add a definition for conditions	Provides greater clarity about conditions.
	Change pedestrian access references to footpath access	Reflects that not all footpath users are pedestrians.
	Remove oral permission from the permit definition	Reflects current practice that all permits are provided in writing.
	Update trading activity definition	Provides greater clarity and aligns better with the sets of conditions.
Explanatory notes	Move to the start of the Bylaw	Improves the flow of information.
Exemptions	Add a clause to allow for written exemptions	Provides a mechanism for exemptions to the Bylaw requirements should this be needed.
Prohibited mobile trading areas	Remove this clause from the Bylaw	Removes duplication as these areas are also detailed in the mobile trading conditions. Being in the conditions provides greater responsiveness to add or remove a prohibited location as appropriate.
Conditions for trading activities	Add this clause to the Bylaw	Provides greater clarity about the nature and scope of the conditions that the Bylaw references.
Right of review	Move to clause 9	Improves the flow of information.

15 Other minor changes have been made to improve the flow of the Bylaw and update the language, for example information about explanatory notes has been moved to the start of the Bylaw.

16 Consideration was given to the benefit of including each trading activity within the Bylaw and this was part of the early engagement. Staff support the continued inclusion of all current trading activities, and these are discussed below. For each activity, the Bylaw provides a reasonable level of control, including through the conditions for each trading activity, and helps to protect public safety and protect the public from nuisance. No additional trading activities have been identified for inclusion. The statement of proposal asks whether any trading activities should be added or removed.

Mobile trading

17 Mobile trading and temporary stalls have been regulated by a bylaw for more than 30 years (pre-2021 the Mobile Trading and Temporary Stall Bylaw). A bylaw has been an effective tool to manage mobile trading and stalls. For example, some busy areas of the city such as George St are prohibited, and some areas have bookable sites.

Commercial use of footpaths

18 Before 2021, the commercial use of footpaths was managed by a policy and was then incorporated within the Bylaw. Consultation in 2020 showed a strong preference for its inclusion (86% of respondents). There were no comments about this trading activity in the early engagement on the Bylaw review.

Rental scheme operators

19 In March 2019, the Council approved the early review of the Mobile Trading and Temporary Stall Bylaw with a view to require permits for commercial electric-scooter (e-scooter) and other vehicle transport rental scheme operators, following the launch of an e-scooter rental scheme in January 2019. There was strong support for this activity to be included during 2020 consultation (97% of respondents). The current permit and Code of Practice are working well. There were no comments about this trading activity in the early engagement on the Bylaw review.

Touting

20 Touting (soliciting business usually in a direct or persistent way) was introduced to the Bylaw by the Council in 2021 following issues relating to footpath obstruction. This has helped to manage these situations at particularly busy times, for example on cruise ship days. There was strong support for the inclusion of this activity in 2020 (85% of respondents). There were no comments about this trading activity in the early engagement on the Bylaw review.

Street performing

21 Street performing was introduced to the Bylaw by the Council in 2021. This has helped to manage footpath access issues. Opinion was divided in 2020 with 52% supporting its inclusion and 48% opposing. In the early engagement for this review, three people said they did not think street performing needed the requirements of a bylaw. Of these three, one commented about encouraging a more vibrant city.

Street fundraising

22 Street fundraising was introduced to the Bylaw by the Council in 2021. This has helped to manage this activity. Opinion was divided in 2020 with 54% supporting its inclusion and 46% opposing. In the early engagement for this review, three people said they did not think street fundraising needed the requirements of a bylaw. There were no specific comments about street fundraising.

New Zealand Bill of Rights Act 1990 (NZBoRA) implications

23 The Council and its Committee must ensure that any bylaw does not give rise to any implications under the NZBoRA. A bylaw cannot be inconsistent with the NZBoRA, which means the bylaw should only limit relevant rights and freedoms in the NZBoRA if such limits can be demonstrably justified in a free and democratic society (section 5 NZBoRA).

24 The intent of the Bylaw is to protect safety, protect the public from nuisance and to regulate trading in public place. The Bylaw may have implications for the right to freedom of movement in the NZBoRA, relative to public places. However, limiting the movement of traders in some public places and for specified reasons, is a proportionate response and is considered a justified limitation for the prevention of harm.

Consultation

25 The Act provides that the special consultative procedure must be used to consult on the proposed Bylaw if it concerns a matter of significant interest to the public (under the Council’s Significance and Engagement Policy) or the Council considers there is or is likely to be a significant impact on the public. The Council can also choose to use the special consultative procedure for any consultation. It is proposed that the Council use the special consultative procedure and that consultation is conducted during May 2025. Consultation will be open for at least one month from the date the statement of proposal is issued, as required by the Act.

26 Engagement methods will include advertising on the DCC website, social media pages, on the Otago Daily Times noticeboard, and via the DCC monthly household mailout, FYI. Key stakeholders such as relevant traders will be advised and invited to comment. Stakeholders include commercial use of footpath businesses, mobile shop traders, street performers, street fundraisers, and tour operators.

27 People will have the opportunity to present their views at hearings after May.

OPTIONS

28 Given the statutory requirement for this review, the two options are to approve the proposed Bylaw for consultation with or without any amendments. While it is also an option not to adopt and consult on a replacement bylaw, and let the current bylaw lapse, this is not considered to be a reasonably practicable option, and it has not been further analysed below.

Option One – Approve the draft Bylaw, and adopt the statement of proposal for consultation (Recommended)

Impact assessment

Debt

· No debt funding is required for this option.

Rates

· There is no impact on rates.

Zero carbon

· No impact to emissions is expected with this option.

Advantages

· The proposed Bylaw, SOP and review process comply with the Act’s statutory requirements including use of the SCP.

· Feedback will inform Dunedin’s trading in public places matters and decision-making.

Disadvantages

· There are no known disadvantages.

Option Two – Approve the draft Bylaw, and adopt the statement of proposal for consultation, with amendments

29 This is the same as for Option One, but with any amendments specifically recorded in the Committee’s resolutions.

NEXT STEPS

30 When the Committee approves a Bylaw and SOP for consultation, the following next steps are proposed:

Action	Timeframe
Consultation – using special consultative procedure	May 2025 (for at least one month)
Hearings and Deliberations	Late June 2025
Hearings Committee report to the Council with proposed final Bylaw	August 2025

Signatories

Author:

Anne Gray - Policy Analyst

Tanya Morrison - Acting Team Leader Environmental Health and Alcohol Licensing

Authoriser:

Cazna Savell - Compliance Solutions Manager (Acting)

Paul Henderson - General Manager Customer and Regulatory (Acting)

Attachments

	Title	Page
⇩a	Draft Trading in Public Places Bylaw - tracked changes	39
⇩b	Draft Trading in Public Places Bylaw statement of proposal	46
⇩c	Early engagement comments on Trading in Public Places Bylaw review	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 and 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	☐	☐	✔
Future Development Strategy	✔	☐	☐
Integrated Transport Strategy	✔	☐	☐
Parks and Recreation Strategy	✔	☐	☐
Other strategic projects/policies/plans	☐	☐	☐

The proposal to review the Bylaw contributes to most of the strategic framework as the Bylaw purpose is to “provide reasonable controls to protect health and safety, to protect the public from nuisance and to regulate trading in public places”. In doing so, it is important to acknowledge the benefits of trading in public places including vibrancy, liveliness and attractive lifestyle options for the city.

Māori Impact Statement

There are no known specific impacts for tangata whenua.

Sustainability

There are no known impacts for sustainability.

Zero carbon

There is no expected impact on emissions.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

There are no financial implications as management of the Bylaw is carried out within existing budgets.

Significance

The decision to approve documents for consultation is considered low in terms of the Council’s Significance and Engagement Policy. The Act requires that the special consultative procedure is used to review the Bylaw.

Engagement – external

There has been early engagement with stakeholders to inform this review. See the report’s discussion on early engagement methods, stakeholders, and engagement results.

Engagement - internal

There has been internal engagement with Transport, Urban Design, Creative Partnerships, Compliance Solutions, Governance, Communications and Marketing and Enterprise Dunedin.

Risks: Legal / Health and Safety etc.

There are no identified risks. The draft Bylaw has been reviewed by external legal counsel.

Conflict of Interest

There is no identified conflict of interest.

Community Boards

There are no specific implications for Community Boards.

Customer & Regulatory Services Committee

11 March 2025

Review of Beauty Therapists, Tattooists and Skin-Piercers Bylaw

Department: Customer and Regulatory

EXECUTIVE SUMMARY

1 In September 2024, the Customer and Regulatory Committee (the Committee) approved the commencement of a review into the Beauty Therapists, Tattooists and Skin-Piercers Bylaw (the Bylaw) and made an initial determination that a bylaw is the most appropriate way to address issues relating to beauty therapist, tattooist and skin-piercer practices in Dunedin. While the Bylaw is made under the Health Act 1956 (HA) and Local Government Act 2002 (LGA), the review must be carried out under requirements of the LGA.

2 This report presents the results of early engagement on the review which was conducted in November/December 2024. It asks the Committee to approve a proposed draft Bylaw (see tracked changes at Attachment A and a clean version at Attachment B), and to adopt a statement of proposal (see Attachment C) for consultation purposes.

3 Generally, the Bylaw is working well to regulate this industry in Dunedin, although some changes are proposed to update the Bylaw, modernise the language used, and for clarification.

RECOMMENDATIONS

That the Committee:

a) Notes the review’s early engagement results

b) Resolves that the proposed draft Beauty Therapists, Tattooists and Skin-Piercers Bylaw meets the requirements of section 155 of the Local Government Act, in that:

i) a bylaw is the most appropriate way to address issues relating to beauty therapist, tattooists and skin-piercer practices in Dunedin

ii) the proposed Bylaw is the most appropriate form of bylaw and

iii) the proposed Bylaw does not give rise to any implications under the New Zealand Bill of Rights Act 1990.

c) Approves the draft Beauty Therapists, Tattooists and Skin-Piercers Bylaw for consultation purposes, subject to any amendment

d) Adopts the statement of proposal for consultation purposes, subject to any amendment to align with the proposed draft bylaw.

BACKGROUND

Local Government Act 2002 and Health Act 1956

4 Under the LGA, bylaws can be made for one or more of the following general purposes: protecting the public from nuisance; protecting, promoting, and maintaining public health and safety; and minimising the potential for offensive behaviour in public places (section 145). Bylaws can also be made under the HA for the purposes of improving, promoting, or protecting public health and prescribing the sanitary precautions to be adopted in respect of any business or trade (section 64).

5 The LGA requires that a bylaw is reviewed within ten years of the previous review, and this Bylaw is now due for review.

Dunedin Beauty Therapists, Tattooists and Skin-Piercers Bylaw

6 There is no national legislation for appearance industries in New Zealand. The appearance industry covers beauty therapy, tattooing or skin-piercing industries. In the absence of national legislation, some local authorities have adopted bylaws.

7 The Bylaw was introduced in July 2005 and was made under both the LGA and the HA.

8 The purpose of the Bylaw is to protect, promote and maintain public health and safety and, in particular, to prevent the transfer of communicable diseases such as Hepatitis B and C, HIV/AIDS and bacterial skin infections via beauty therapy, tattooing and skin piercing practices. The Bylaw requires that any person undertaking beauty therapy, tattooing and skin piercing processes is licensed, and conducts activities in a manner that complies with the requirements of the Bylaw.

9 Indications are that the appearance industries are growing steadily. In Dunedin, the number of registered appearance industry businesses is up from around 60 in 2016 to the current figure of 86.

DISCUSSION

Community engagement

10 Early engagement with the community was carried out between 18 November 2024 and 6 December 2024 to inform the review of the Bylaw (and to better understand whether the Bylaw remains the most appropriate way of addressing perceived problems and issues with the appearance industry). Information and an online survey were advertised via the Otago Daily Times noticeboard, and through the Dunedin City Council social media. Targeted emails were sent to key stakeholders such as registered beauty therapists, tattooists, skin-piercers, training providers, Health NZ|Te Whatu Ora and rūnaka, as well as Community Boards advising them of the review and asking for their general feedback.

Results of early engagement

11 There were six responses to the public online survey and five responses from key stakeholders. A summary of feedback is presented.

Have you experienced a problem with any of the following in Dunedin in the last ten years?

Response	Number
Never had a problem	5
Health concern as a result of visiting a beauty therapist (including nail technician)	1
Health concern as a result of visiting a tattooist	0
Unregistered tattooist	0
Unregistered skin-piercer	0
Health concern as a result of visiting a skin-piercer	0
TOTAL	6

If yes, please elaborate:

· Infection following a pedicure.

Do you have any other comments about beauty therapy, tattooing or skin-piercing practices in Dunedin?

Six respondents commented on the following topics:

· Comprehensive rules are working well/had good experience (x 3)

· Support for more oversight into compliance

· Other issues outside the scope of the bylaw.

Feedback from stakeholders

There were five responses from stakeholders such as Health NZ and practitioners. Topics ranged from hygiene to processes and that the Bylaw is generally working well.

Proposal

12 The Bylaw is generally working well to regulate appearance industries in Dunedin, and to help with reducing the incidence of infections and the transfer of communicable diseases. It is proposed to retain most of the Bylaw controls as part of this review. There are also opportunities to update the Bylaw with current and emerging practices and in places to add a greater level of protection. These changes of substance are relatively minor in nature and are detailed in Table 1.

13 The opportunity was also taken to modernise the language, improve the flow of the document by re-ordering content, provide explanatory notes and simplify wording to make it clearer. These changes are not detailed in the table but are apparent in the tracked changes version of the proposed Bylaw.

Table 1: Proposed changes to the Bylaw

Section	Proposed change	Reason
Application of bylaw	Add clause about traditional and customary tattooing	To be clear about this exemption.
Purpose	Add wording to the purpose of the bylaw	To align the purpose more clearly to section 145 of LGA.
Definitions	Add Licence	To clarify the meaning for this term.
	Change prescribed process to service	Modernise the language.
	Add skin penetration	For clarity.
Licence may be altered, suspended, cancelled, or reviewed	Add this clause that the Council may alter, suspend, or cancel a licence if licence conditions are being breached.	To provide a greater level of protection.
General conditions	Add requirement that parent or legal guardian must be present during a skin-piercing or penetration process for a person under 16 years (in addition to providing permission).	To provide a greater level of protection.
	Remove the requirement that a person may not provide a service to anyone whom they suspect is under the influence of alcohol, drugs or mind-altering substances.	This may be unreasonable and potentially unenforceable.
	Remove the requirement that no one may smoke on the premises.	This is covered by the Smokefree Environments and Regulated Products Act 1990.
	Remove the requirement that no animals except disability assist dogs are permitted on the premises.	This may be unreasonable and potentially unenforceable.
	Add requirement for bloodborne pathogen training for skin piercing and skin penetrating operators.	To provide a greater level of protection.
Records	Remove reference to UV cabinet and glass bead sterilisers.	To update this section as these units are unable to be serviced or calibrated.
	Include disposable sharps in the disposal of medical waste.	To be clear that disposable sharps are included here.
Physical aspects of designated and mobile premises	Remove the references to the ‘piped supply of hot and cold water.	To update this section to allow for mobile hand wash units.
	Add that linen/paper must be replaced after each single use (in addition to after each client).	To be clear about this expectation.
Conduct	Add clarity around hand washing – defining the method and length of time.	To provide clear direction on this element of hygiene.
	Remove the requirement for a written blood contamination procedure for disinfecting and cleansing materials but ensuring licensee can demonstrate awareness of these practices.	To reflect current practice which works well.
Tattooing and Skin piercing	Add that no person may undertake eyeball tattooing unless a qualified ophthalmologist	To ensure an additional level of protection for this emerging practice.

New Zealand Bill of Rights Act 1990 (NZBoRA) implications

14 The Council and its Committee must ensure that any bylaw does not give rise to any implications under the NZBoRA. A bylaw cannot be inconsistent with the NZBoRA which means the bylaw should only limit relevant rights and freedoms in the NZBoRA if such limits can be demonstrably justified in a free and democratic society (section 5, NZBoRA).

15 The intent of the Bylaw is to provide reasonable controls to protect public health and safety, and to protect the public from nuisance by regulating appearance industry practices. Council officers have not identified any specific rights in the NZBoRA that would be impacted by this Bylaw, but regulating the appearance industries for the reasons specified and as provided in this Bylaw is considered a proportionate response and a justified limitation for the prevention of harm that can arise with these services.

Consultation

16 The LGA provides that the special consultative procedure must be used to consult on the proposed Bylaw if it concerns a matter of significant interest to the public (under the Council’s Significance and Engagement Policy) or the Council considers there is or is likely to be a significant impact on the public. The Council can also choose to use the special consultative procedure for any consultation. It is proposed that the Council use the special consultative procedure and that consultation is conducted during May 2025. Consultation will be open for at least one month, as required by the LGA.

17 Engagement methods will include publication and advertising on the DCC website, social media pages, on the Otago Daily Times noticeboard, and via the Dunedin City Council monthly mailout, FYI. Key stakeholders such as registered appearance industry practitioners, Health NZ|Te Whatu Ora and rūnaka will be advised and invited to comment.

18 There will be the opportunity for people to present their views at hearings on the proposed Bylaw after the consultation period has closed.

OPTIONS

19 Options are whether to approve the draft Bylaw and adopt the statement of proposal for consultation purposes, with or without amendments. While it is also an option not to adopt and consult on a replacement Bylaw, and let the current Bylaw lapse, this is not considered to be a reasonably practicable option, and it has not been further analysed below.

Option One – Approve the draft Bylaw and adopt the statement of proposal for consultation purposes (Recommended)

Impact assessment

Debt

· This option will have no impact on debt.

Rates

· This option will have no impact on rates.

Zero carbon

· No change to emissions is expected from this option.

Advantages

· The proposed Bylaw, SOP and review process comply with the Act’s statutory requirements including the SCP.

· Proposed updates provide greater ability to protect public health and safety.

· Feedback will inform the Bylaw.

Disadvantages

· There are no known disadvantages.

Option Two – Approve the draft Bylaw and adopt the draft statement of proposal with amendments, for consultation purposes

Impact assessment

20 This option is the same as Option One, with any specific amendments resolved by the Committee.

NEXT STEPS

21 When the Committee approves a Bylaw and SOP for consultation, the following steps are proposed:

Action	Timeframe
Consultation – using special consultative procedure	May 2025 (for at least one month)
Hearings and Deliberations	Late June 2025
Hearings Committee report to the Council with proposed final Bylaw	August 2025

Signatories

Author:

Anne Gray - Policy Analyst

Tanya Morrison - Acting Team Leader Environmental Health and Alcohol Licensing

Authoriser:

Cazna Savell - Compliance Solutions Manager (Acting)

Paul Henderson - General Manager Customer and Regulatory (Acting)

Attachments

	Title	Page
⇩a	Proposed Beauty Therapists, Tattooists and Skin-Piercers Bylaw - tracked changes	62
⇩b	Proposed Beauty Therapists, Tattooists and Skin-Piercers Bylaw - clean version	73
⇩c	Proposed statement of proposal for bylaw review	83

SUMMARY OF CONSIDERATIONS

Fit with purpose of Local Government

This decision enables democratic local decision making and action by, and on behalf of communities and 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	☐	☐	✔
Future Development Strategy	☐	☐	✔
Integrated Transport Strategy	☐	☐	✔
Parks and Recreation Strategy	☐	☐	✔
Other strategic projects/policies/plans	☐	☐	✔

This Bylaw contributes to the ‘healthy and safe people’ strategic direction of the Social Wellbeing Strategy.

Māori Impact Statement

Ōtākou and Puketeraki rῡnaka are identified as key stakeholders for this review.

Sustainability

There are no know implications for sustainability.

Zero carbon

There are no expected impacts for carbon emissions.

LTP/Annual Plan / Financial Strategy /Infrastructure Strategy

There are no implications for these documents.

Financial considerations

This review will be carried out within existing budgets.

Significance

The Bylaw review is considered low in terms of the council’s Significance and Engagement Policy.

Engagement – external

The special consultative procedure is required for review of this bylaw. Key stakeholders include beauty therapists, tattooists, skin-piercers, training providers, Health NZ – Te Whata Ora and rῡnaka.

Engagement - internal

There has been internal engagement with Communications and Marketing, Governance and the web team.

Risks: Legal / Health and Safety etc.

The draft Bylaw has undergone an external legal review. There are possible health and safety risks that may arise if the Council does not have a Bylaw.

Conflict of Interest

There is no known conflict of interest.

Community Boards

There are no specific implications for Community Boards.

	Title	Page
A ⇩	Minutes of Customer & Regulatory Committee meeting held on 17 September 2024	16

Author:	Jennifer Lapham - Governance Support Officer
Authoriser:	Paul Henderson - General Manager Customer and Regulatory (Acting)