Agenda of Regulatory Committee Meeting

Terms of reference – Regulatory Committee

The following common responsibilities and delegations apply to all standing committees.

Responsibilities of standing committees

· Establish priorities and guidance on programmes relevant to the Role and Scope of the committee.

· Provide guidance to staff on the development of investment options to inform the Long Term Plan and Annual Plans.

· Report to Council on matters of strategic importance.

· Recommend to Council investment priorities and lead Council considerations of relevant strategic and high significance decisions.

· Provide guidance to staff on levels of service relevant to the role and scope of the committee.

· Establish and participate in relevant task forces and working groups.

· Engage in dialogue with strategic partners, such as Smart Growth partners, to ensure alignment of objectives and implementation of agreed actions.

Confirmation of committee minutes.

Delegations to standing committees

· To make recommendations to Council outside of the delegated responsibility as agreed by Council relevant to the role and scope of the Committee.

· To make all decisions necessary to fulfil the role and scope of the Committee subject to the delegations/limitations imposed.

· To develop and consider, receive submissions on and adopt strategies, policies and plans relevant to the role and scope of the committee, except where these may only be legally adopted by Council.

· To consider, consult on, hear and make determinations on relevant strategies, policies and bylaws (including adoption of drafts), making recommendations to Council on adoption, rescinding and modification, where these must be legally adopted by Council,

· To approve relevant submissions to central government, its agencies and other bodies beyond any specific delegation to any particular committee.

· To appoint a non-voting Tangata Whenua representative to the Committee.

· Engage external parties as required.

Terms of reference – Regulatory Committee

Membership

Chairperson	Cr Steve Morris
Deputy chairperson	Cr John Robson
Members	Cr Jako Abrie Cr Bill Grainger Cr Andrew Hollis
Quorum	Regulatory matters (other than matters under the Resource Management Act 1991) Half of the members physically present, where the number of members (including vacancies) is even; and a majority of the members physically present, where the number of members (including vacancies) is odd
Meeting frequency	As required

Role

· To conduct hearings and make decisions of a quasi-judicial nature on regulatory matters through specific hearings and decision making.

Scope

Regulatory matters

· To conduct hearings and make decisions of a quasi-judicial nature on behalf of the Council on any regulatory matter that the Council is legally:

o empowered or obligated to hear and determine;

o permitted to delegate to a committee of Council under the Local Government Act 2002.

· To exercise this function in accordance with:

o the applicable legislation;

o the Council’s corporate strategies, policies and plans; and

o the principles of administrative law and natural justice.

· Regulatory matters include (but are not limited to) dog control matters and matters arising from the exercise of Council’s enforcement functions.

· To consider and approve temporary road closures under Schedule 10, clause 11(e) of the Local Government Act 1974.

Power to act

Regulatory matters

· All powers, duties and discretions necessary to conduct hearings and make decisions of a quasi-judicial nature on behalf of the Council on any regulatory matter that the Council is legally empowered or obligated to hear and determine, including (but not limited to):

o All powers, duties and discretions necessary to hear and make decisions on behalf of the Council in respect of any matter that the Council is empowered or obligated to hear and determine under the Dog Control Act 1996, the Gambling Act 2002, the Local Government Act 2002, the Local Government Act 1974 and any bylaws that require a hearing.

· The power to establish and amend hearings protocols relating to the general conduct of hearings and hearings related matters in accordance with the applicable legislation and the principles of administrative law and natural justice.

· The power to co-opt expert advice on an as required basis.

Power to recommend

For the avoidance of doubt, the Regulatory Committee does not have the power to hear matters relating to the sale and supply of alcohol or RMA Plan Changes or Private Plan Changes.

Regulatory Committee Meeting Minutes

10 December 2019

MINUTES

Regulatory Committee Meeting

Tuesday, 10 December 2019

Order of Business

1 Apologies. 3

2 Public Forum.. 3

3 Acceptance of Late Items. 3

4 Confidential Business to be Transferred into the Open. 3

5 Change to Order of Business. 3

6 Declaration of Conflicts of Interest 3

7 Business. 3

7.1 Temporary Road Closures For Events. 3

7.2 Road Closures for Summer events. 5

8 Discussion of Late Items. 6

MINUTES OF Tauranga City Council
Regulatory Committee Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Tuesday, 10 December 2019 AT To commence at the end of the Council meeting

PRESENT: Cr Steve Morris (Chairperson), Cr John Robson (Deputy Chairperson), Cr Bill Grainger, Cr Andrew Hollis

IN ATTENDANCE: Gareth Wallis (General Manager: Community Services), Nic Johansson (General Manager: Infrastructure), Martin Parkes, (Manager: Network Safety and Sustainability), Robyn Garrett (Team Leader: Committee Support).

1 Apologies

Committee Resolution RE0/19/1

Moved: Cr Steve Morris

Seconded: Cr Andrew Hollis

That apologies from Cr Jako Abrie for absence be received and accepted.

Carried

2 Public Forum

Nil.

3 Acceptance of Late Items

Nil.

4 Confidential Business to be Transferred into the Open

Nil.

5 Change to Order of Business

Nil.

6 Declaration of Conflicts of Interest

Nil.

7 Business

7.1 Temporary Road Closures for Events

Staff: Martin Parkes, Manager: Network Safety and Sustainability

Key points

· The report sought approval for temporary road closures for various events taking place over the summer months.

Committee Resolution RE0/19/2

Moved: Cr John Robson

Seconded: Cr Andrew Hollis

That the Regulatory Committee:

(a) Receives the report titled Temporary Road Closures for Events.

(b) Pursuant to Clause 11(e) of the Tenth Schedule of the Local Government Act 1974, grants approval to close the following road to ordinary vehicular traffic from the dates and during the hours stated for the purposes of facilitating safe and successful event operations during the following events:

(i) Soper Reserve Summer Concert Series

Newton Street (between Aerodrome Road to Hull Road) from 8.30pm to 12.30am on Sunday 29 December 2019, Friday 3, Sunday 5, and Tuesday 7 January 2020.

Rain Dates on the following dates from 8.30pm to 12.30am; Monday 30 December 2019, Saturday 4, Monday 6, and Wednesday 8 January 2020.

(ii) Fat Freddy’s Drop Concert

Cameron Road (between Hamilton Street and McLean Street) and Hamilton Street West from 5pm to midnight on Saturday 4 January 2020.

(iii) Cold Chisel Concert

Cameron Road (between Hamilton Street and McLean Street) and Hamilton Street West From 4pm from Midnight on Wednesday 5 February 2020.

(iv) Car Truck and Bike Show 2020

The Strand (between Harington Street to Devonport Road) and Wharf Street (between Willow Street to The Strand) from 5am Saturday 29 February to 10pm Sunday 1 March 2020.

(v) Ben Harper Concert

Newton Street (between Aerodrome Road to Hull Road) from 9.30pm to midnight on Saturday 29 February 2020.

(vi) Pato Entertainment’s Family Day Out

Newton Street (between Aerodrome Road to Hull Road) From 11am to 6pm on Saturday 7 March, or rain date Sunday 8 March 2020.

(vii) Soper Reserve Concert

Newton Street (between Aerodrome Road to Hull Road) from 8pm to midnight on Saturday 28 March 2020.

(viii) Bethlehem Tertiary Institute Graduation Parade (amendment)

The Strand from Harington Street to Devonport Road, Devonport Road from Spring Street to Fourth Avenue from 12:00pm - 3:00pm on Saturday 2 May 2020. Roads will open as the parade progresses.

Carried

7.2 Road Closures for Summer events

Staff: Martin Parkes, Manager: Network Safety and Sustainability

Key points

· The report was taken as read.

· Noted that approval for road closures related to the One Day International cricket match was conditional on no objections being received.

In response to questions

· Any queries received from the community regarding access to the roads affected by cruise ship operations should be directed to the General Manager: Infrastructure.

Committee Resolution RE0/19/3

Moved: Cr Andrew Hollis

Seconded: Cr Bill Grainger

That the Regulatory Committee:

(a) Receives the report titled Temporary Road Closures for Events.

(c) Cruise Ship shore operations

Nikau Crescent Rata Street to Maunganui Road from 6.30am to 4.30pm on Saturday 11 January 2020.

The road will be re-opened earlier if deemed to be safe.

(d) Black Caps vs India ODI

Kawaka Street (Miro to Tawa St) and Miro St (Hinau St to Kawaka St) from 2pm to 12pm on Tuesday 11 February 2020 and Wednesday 12 February 2020.

The closure is to provide safe egress from the event and will be for the minimum time necessary within the times provided.

The public consultation period expires on December 16 2019, so approval will be on the condition that no objections are received by this date.

Carried

8 Discussion of Late Items

Nil.

The Meeting closed at 12.31pm.

The minutes of this meeting to be confirmed at the Regulatory Committee Meeting held on 21 July 2020 .

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

CHAIRPERSON

MINUTES OF Tauranga City Council
Regulatory Committee Meeting
HELD AT THE Tauranga City Council, Council Chambers, 91 Willow Street, Tauranga
ON Friday, 21 February 2020 AT 9am

PRESENT: Cr Steve Morris (Chairperson), Cr John Robson (Deputy Chairperson), Cr Jako Abrie, Cr Andrew Hollis

IN ATTENDANCE: Hemi Leef (Corporate Solicitor), Robyn Garrett (Team Leader: Committee Support)

EXTERNAL: Jarrod True, True Legal

Philip Steele, Lion Foundation: National Operations Manager

1 Apologies

Nil.

2 Public Forum

Nil.

3 Acceptance of Late Items

Nil.

4 Confidential Business to be Transferred into the Open

Nil.

5 Change to Order of Business

Nil.

6 Declaration of Conflicts of Interest

Nil.

7 Business

7.1 Report of Gaming Relocation Appeal - ON - SBS NZ LIMITED - 536219 - Rossco's Café and Bar

Staff: Hemi Leef, Corporate Solicitor

Key points

· The appeal was regarding an application to relocate gambling machines from a closed venue to a currently operating venue which held a Class 4 licence.

· The application had been rejected as contrary to council’s Gambling Venues Policy (the policy) which did not allow additional gaming machines and the effect of the relocation was to increase the number of machines at the recipient venue.

· Clause 5.5 of the policy stated that “No additional gambling machines may be operated at Class 4 venues within the Tauranga City boundaries”.

· Noted that this application was for a relocation of an existing licence not an application for a new venue.

In response to questions

· Clarified that the appellant had yet to receive approval from the Department of Internal Affairs (DIA) for a new gaming licence; however, it was considered that Rossco’s still held a current licence which could be relocated.

Appellant: Jarrod True, True Legal

Philip Steele, Lion Foundation: National Operations Manager

Tabled item 1; PowerPoint presentation

Key points

· Council Gambling Venues Policy specifically allowed the relocation of existing sites.

· The Worlds End recipient site complied with zone requirements and held a current gambling licence.

· Clause 5.5 of the policy did not allow the operation of additional gaming machines within Tauranga City boundaries; this relocation would not result in any additional machines within the city boundaries.

· The existing Worlds End nine machine licence would be surrendered and replaced with the 18-machine licence, with the net result being a decrease by nine of gaming machines operating within the city.

· Council’s policy aimed to control the growth of gambling in Tauranga City; the relocation to an existing site rather than a new site reduced the number of machines overall.

· There was an experienced operator at Worlds End, already trained in harm reduction.

· Considered the relocation wording in the policy reflected the wording of s97A of the Gambling Act.

· Relocation from an 18-machine site to a nine-machine site was not unprecedented. A Tauranga City Council decision on a similar relocation issue in relation to the Papamoa Tavern was tabled.

· Submitted that the reason the application was declined was council’s interpretation of what constituted additional gaming machines, and, if the relocation was successful, there would be an overall reduction in the number of gambling machines in the city.

In response to questions

· Rossco’s liquor licence renewal had been declined as the existing premises were no longer considered suitable.

· Clarification was provided around the issue of the DIA licence. The appellant had applied to DIA to extend Rossco’s existing licence; if DIA declined the extension there was an appeal process to the Gambling Commission. Consequently, the licence would be live for at least six to nine months.

· Rossco’s licence cancelled as the focus was on gambling rather than as a tavern; there was no concern that this would be the case at Worlds End.

Council right of reply: Hemi Leef, Corporate Solicitor

Key points

· Noted that most of the facts were not in dispute; the issue was whether Worlds End could operate with 18 machines.

· Considered that an increase in the number of gambling machines for an existing venue was contrary to the aim of Council’s Gambling Venues Policy; and that Cl 5.5 applied to individual venues as well as overall in the city.

In response to questions

· A relocation to a completely new location that complied with zone requirements was more clear-cut in term of the policy; the 18 machines would be retained.

· The current case seemed similar to that in the Papamoa Tavern.

· No substantial difference between the relocation provisions in the old and new Gambling Venues policies.

· The current property met the circumstances for relocation in the Gambling Act in terms of earthquake risk and lease termination.

At 9.45am the meeting adjourned.

At 10.12am the meeting reconvened.

The Committee sought further clarification around the interpretation of Clause 5.5 of the policy.

Council: considered it applied to an increase in gambling machines at an individual venue and then in turn to an increase in the number of machines within the wider boundary of the city. A Class 4 venue could not increase the number of gambling machines at the venue.

Appellant: regard must be had to the plain wording of the clause – the clause did not say no additional machines “at a venue”, it stated “Class 4 Venues”. If the restriction was to apply for a particular venue, then that made the rest of the clause redundant. Considered that the appropriate interpretation was to the overall number of gaming machines within city boundaries. If there was ambiguity around a particular clause, then reference should be made to the purpose of the policy, being reduction of harm.

At 10.15am the meeting adjourned.

At 10.21am the meeting reconvened.

Decision

The Committee upheld the appeal; with a written decision to follow later.

Committee Resolution RE1/20/1

Moved: Cr Steve Morris

Seconded: Cr John Robson

That the Regulatory Committee:

(a) Upholds the appeal by the Lion Foundation 2008 in relation to the Gambling Venue Relocation Consent Application from Rossco’s Café and Bar, Wharf St, Tauranga to Worlds End, Fraser Cove, Tauranga

.Carried

The meeting closed at 10.22am.

The minutes of this meeting were confirmed at the Regulatory Committee meeting held on 21 July 2020 .

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

CHAIRPERSON

Regulatory Committee Meeting Agenda

21 July 2020

8 Business

8.1 Temporary Road Closures report

File Number: A11636351

Author: James Wickham, Team Leader: TTOC

Authoriser: Nic Johansson, General Manager: Infrastructure

Purpose of the Report

1. To seek the Committee’s approval for temporary road closures.

Recommendations

That the Regulatory Committee:

(a) Receive report – Temporary Road Closures

(b) Pursuant to Clause 11(e) of the Tenth Schedule of the Local Government Act 1974, grants approval to close the following roads and car parks to ordinary vehicular traffic from the dates and during the hours stated for the purposes of facilitating safe and successful operations during the following events:

Good Vibes Winter Fest

Newton Street from Aerodrome Road to Hull Road

· From 3pm – Midnight Saturday 1 August 2020

Canvas Careers Expo

Durham Street from Elizabeth Street to Spring Street

· From 5am Friday 7 August until 6pm on Saturday 8 August 2020

Mount Maunganui Half Marathon

Surf Road

· From 7am – 11am Saturday 29 August 2020

Cherry Blossom Festival

Chadwick Road from Cameron Road to Greerton Road

· From 6am – 3pm Saturday 19 September 2020

World Car Free Day

Durham Street from Elizabeth Street to Spring Street

· From 5am – 7pm Sunday 20 September 2020

Executive Summary

2. The authority to allow temporary road closures pursuant to Clause 11(e) of the Tenth Schedule of the Local Government Act 1974 is delegated to the Regulatory Committee.

3. This report seeks the Regulatory Committee’s approval for five (5) temporary road closures associated with events and other activities.

Background

4. The road closures aim to provide a safe and well-organised event for public to attend, protect competitors, manage the transport network and minimise impacts to residents and businesses while events are taking place.

5. Please note the organiser of each event must:

(a) Undertake consultation with all affected residents and businesses prior to the event occurring

(b) Submit a Certified Traffic Management Plan for approval as part of the overall event approval process. This Plan stipulates all traffic signage indicating sections of road or car parks closed, alternative detours and any other appropriate signage for traffic control and advance warning of road closures.

Strategic / Statutory Context

6. Strategic Context:

(a) The events requiring these closures support Council’s objectives that Tauranga be a city that attracts businesses, people and visitors and is inclusive, safe, resilient and healthy.

7. Statutory Context:

(a) Under the Significance and Engagement Policy 2014, these decisions are of low significance and do not require public consultation.

(b) Clause 11(e) of the Tenth Schedule of the Local Government Act 1974 provisions approval for the temporary closure of public roads and car parks to ordinary vehicular traffic.

Options Analysis

8. NIL

Financial Considerations

9. NIL

Legal Implications / Risks

10. NIL

Consultation / Engagement

11. All temporary road closures must be publicly notified by Tauranga City Council allowing a 21-day period for the public to submit comments. Any objections must be considered by the sub-committee before making a decision on the requested temporary road closure.

12. The temporary road closures were publicly notified on 19 June 2020.

13. The consultation period finished on 10 July 2020. No objections have been received.

Significance

14. Under the TCC Significance and Engagement Policy 2014, these decisions are of low significance and do not require public consultation.

Next Steps

15. NIL

Attachments

Nil


AGENDA Regulatory Committee Meeting Tuesday, 21 July 2020
I hereby give notice that a Regulatory Committee Meeting will be held on:
Date:	Tuesday, 21 July 2020
Time:	to start at the conclusion of the Urban Form & Transport Development Committee meeting
Location:	Tauranga City Council Council Chambers 91 Willow Street Tauranga
Please note that this meeting will be livestreamed and the recording will be publicly available on Tauranga City Council's website: www.tauranga.govt.nz.
Marty Grenfell Chief Executive