Notice of the ordinary meeting of the

 

Environment Committee –
Hearing of Submissions – Dog Control Policy and Bylaw Review

Kōmiti Taiao

Date:		Tuesday 21 April 2020
Time:		1.00p.m.
Location:		via Zoom

Agenda

Rārangi take

Chair               Cr Kate Fulton

Deputy Chair   Cr Brian McGurk

Members         Her Worship the Mayor Rachel Reese

                       Cr Yvonne Bowater

                       Cr Trudie Brand

                       Cr Mel Courtney

                       Cr Judene Edgar

                       Cr Matt Lawrey

Cr Gaile Noonan

                       Cr Rohan O’Neill-Stevens

Cr Pete Rainey

                       Cr Rachel Sanson

                       Cr Tim Skinner

                       Glenice Paine

Pat Dougherty

Quorum: 7                                                                           Chief Executive

Nelson City Council Disclaimer

Please note that the contents of these Council and Committee Agendas have yet to be considered by Council and officer recommendations may be altered or changed by the Council in the process of making the formal Council decision.


Environment Committee - Delegations

Areas of Responsibility:

·         Building control matters, including earthquake-prone buildings and the fencing of swimming pools

·         Bylaws, within the areas of responsibility

·         Council and/or Community projects or initiatives for enhanced environmental outcomes

·         Environmental regulatory matters including (but not limited to) animals and dogs, amusement devices, alcohol licensing (except where delegated to the Alcohol Regulatory and Licensing Authority), food premises, gambling and public health

·         Regulatory enforcement and monitoring

·         Maritime and Harbour Safety and Control

·         Pollution control

·         Hazardous substances and contaminated land

·         Environmental science matters including (but not limited to) air quality, water quality, water quantity, land management, biodiversity, biosecurity (marine, freshwater and terrestrial), and coastal and marine science

·         Environmental programmes including (but not limited to) warmer, healthier homes, energy efficiency, environmental education, and eco-building advice

·         Science monitoring and reporting

·         Climate change resilience overview (adaptation and mitigation)

·         The Regional Policy Statement, District and Regional Plans, including the Nelson Plan

·         Other planning documents or policies, including (but not limited to) the Land Development Manual

·         Policies and strategies related  to resource management matters

·         Policies and strategies related to compliance, monitoring and enforcement

Delegations:

The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies. 

The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

·         Monitoring Council’s performance for the committee’s areas of responsibility, including legislative responsibilities and compliance requirements

·         Developing, approving, monitoring and reviewing policies and plans, including activity management plans

·         Reviewing and determining whether a bylaw or amendment, revocation or replacement of a bylaw is appropriate

·         Undertaking community engagement, including all steps relating to Special Consultative Procedures or other formal consultation processes

·         Approving submissions to external bodies or organisations, and on legislation and regulatory proposals

Powers to Recommend to Council:

In the following situations the committee may consider matters within the areas of responsibility but make recommendations to Council only (in accordance with sections 5.1.3 - 5.1.5 of the Delegations Register):

·         Matters that, under the Local Government Act 2002, the operation of law or other legislation, Council is unable to delegate

·         The purchase or disposal of land or property relating to the areas of responsibility, other than in accordance with the Long Term Plan or Annual Plan

·         Unbudgeted expenditure relating to the areas of responsibility, not included in the Long Term Plan or Annual Plan

·         Approval of notification of any statutory resource management plan, including the Nelson Plan or any Plan Changes

·         Decisions regarding significant assets

 


N-logotype-black-wideEnvironment Committee

21 April 2020

 

 

Page No.

 

1.       Apologies

1.1      An apology has been received from Her Worship the Mayor

2.       Confirmation of Order of Business

3.       Interests

3.1      Updates to the Interests Register

3.2      Identify any conflicts of interest in the agenda

4.       Hearing of Submissions - Review of Dog Control Policy and Bylaw             

Document number R15910

4.1      Hearing Schedule                                                                                5

Document A2371542

4.2      Summary Table of Submissions                                             6 - 10

Document A2371594

Please note: to assist committee members, the summary table includes references to bylaw maps

4.3      Bylaw Maps                                                                        11 - 26

Document number A2122940

4.4      Citywide Maps                                                                    27 - 28

Document number A122720

Please note:  to assist committee members, a copy of bylaw maps and citywide maps is included.

4.5      Copy of Submissions                                                           29 - 87

Document number A2371200

Please note: to assist committee members, this document is an extract of the submissions of submitters wishing to be heard.  A full copy of submissions is provided under separate cover.

4.       Timing of Dog Control Policy and Bylaw Deliberations                88 - 101

Document number R16959

Recommendation

That the Environment Committee

1.    Receives the report Timing of Dog Control Policy and Bylaw Deliberations (R16959) and its attachment (A2337794); and

2.    Commences the Dog Control Policy and Bylaw Deliberations on 19 May 2020 in order to make a decision on the Good Dog Owner Policy; and

3.    Reconvenes the Dog Control Policy and Bylaw Deliberations on 4 June 2020 to make decisions on all other aspects of the Dog Control Policy, and to make recommendations to Council on all aspects of the Dog Control Bylaw.

 

 

 

 

  


Item 4: Hearing Schedule

 

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Item 4: Summary Table of Submissions

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Item 4: Bylaw Maps

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Item 4: Citywide Maps

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Item 4: Copy of Submissions

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Item 5: Timing of Dog Control Policy and Bylaw Deliberations

 

Environment Committee

21 April 2020

 

 

REPORT R16959

Timing of Dog Control Policy and Bylaw Deliberations

     

 

1.       Purpose of Report

1.1      To consider the timing of deliberations on the Good Dog Owner Policy and all other aspects of the Dog Control Policy and Bylaw.

2.       Summary

2.1         The hearing of submissions and deliberations on the Dog Control Policy and Bylaw have been delayed due to the COVID-19 pandemic. This delay has the potential to impact on a related decision on dog control fees for the 2020/21 financial year.

2.2         This report considers the option of deliberating on the Good Dog Owner Policy at an earlier date than the remainder of the Dog Control Policy and Bylaw matters. Making a decision on the Good Dog Owner Policy on 19 May would inform the Environment Committee’s deliberations on the proposed amendments to the Dog Control Fees on 4 June.

 

3.       Recommendation

 

That the Environment Committee

1.    Receives the report Timing of Dog Control Policy and Bylaw Deliberations (R16959) and its attachment (A2337794); and

2.    Commences the Dog Control Policy and Bylaw Deliberations on 19 May 2020 in order to make a decision on the Good Dog Owner Policy; and

3.    Reconvenes the Dog Control Policy and Bylaw Deliberations on 4 June 2020 to make decisions on all other aspects of the Dog Control Policy, and to make recommendations to Council on all aspects of the Dog Control Bylaw.

 

 

 

4.       Background

4.1      Consultation on the proposed amendments to the Dog Control Policy and Bylaw was carried out from 27 January 2020 to 28 February 2020, and was not affected by COVID-19 restrictions. However, the hearing scheduled for 24 March 2020 was postponed until 21 April, and deliberations are now scheduled for 4 June 2020.

4.2      Council consulted on a Statement of Proposal for Amendments to the Dog Control Fees (see Attachment One — A2337794) which included a preferred option to increase dog registration fees to better cover the actual costs for dog control services. This proposal included an attachment showing the effect of the Proposed Dog Control Fees with the Good Dog Owner Scheme and without the Good Dog Owner Scheme.

4.3      The consultation period for the Proposed Amendments to the Dog Control Fees ran from 17 March 2020 to 17 April 2020. The Environment Committee is scheduled to deliberate on the Fees and Charges on 4 June 2020, in time for the decision to be reflected in the dog registration fees in the 2020/21 financial year.

5.       Discussion

5.1      The two consultation processes are inter-related, because a decision on whether to retain or remove the Good Dog Owner Policy (and to provide a discount on dog registration fees for eligible dog owners) will affect the dog control fees in the 2020/21 financial year.

5.2      Considering submissions and making a decision on whether or not to retain, amend or remove the Good Dog Owner Policy on 19 May 2020 would enable the Environment Committee to make an informed decision on the Proposed Amendments to the Dog Control Fees at its deliberations meeting on 4 June 2020.

6.       Options

 

Option 1: Two deliberations meetings, with the Good Dog Owner Policy considered on 19 May and all other Dog Control Policy and Bylaw matters considered on 4 June 2020.

Advantages

·    A decision on the Good Dog Owner Policy on 19 May would support Environment Committee decision making on Dog Control Fees on 4 June.

·    If the Environment Committee required further information before making a decision on the Good Dog Owner Policy, this could be provided in time for the 4 June deliberations.

Risks and Disadvantages

·    Councillors and staff would need to participate in two separate deliberations meetings.

·    Submitters wishing to observe deliberations (and who have an interest in both the GDO Policy and other matters) would need to access links to two different meetings.

Option 2: One deliberations meeting with all Dog Control Policy and Bylaw matters considered on 4 June 2020.

Advantages

·    All issues related to the Dog Control Policy and Bylaw would be able to be considered at the same time.

Risks and Disadvantages

·    Delaying a decision on the Good Dog Owner Policy until 4 June would provide very little time between making a decision on the Good Dog Owner Policy and making a decision on dog registration fees for the 2020/21 financial year.

·    There would be a risk that the Environment Committee might need to seek further information related to the Good Dog Owner Policy, which would not be able to be provided prior to deliberations on Dog Control Fees on 4 June. In this situation, Council would not have time to amend dog registration fees in time for the 2020/21 financial year.

 

7.       Conclusion

7.1      Deliberations on the Proposed Dog Control Policy and Bylaw have been delayed until 4 June due to the COVID-19 pandemic. However, a timely decision on the Good Dog Owner Policy is necessary to inform the Environment Committee’s decision on the proposed amendments to the Dog Control Fees. This can be achieved by commencing deliberations on 19 May to consider the Good Dog Owner Policy, then reconvening the deliberations meeting on 4 June to consider all other matters related to the Proposed Dog Control Policy and Bylaw.

 

Author:          Clare Barton, Group Manager Environmental Management

Attachments

Attachment 1:   A2337794 - Dog control proposed fees and charges - Statement of Proposal - Jan2020

 

 

Important considerations for decision making

1.   Fit with Purpose of Local Government

A decision on the timing of Deliberations on the Proposed Dog Control Policy and Bylaw will enable democratic decision-making and action by, and on behalf of, the Nelson community.

2.   Consistency with Community Outcomes and Council Policy

       Our Council provides leadership and fosters partnerships, a regional perspective, and community engagement

Council leaders are strongly connected to our people and mindful of the full range of community views and of the generations that follow.

3.   Risk

 If the Environment Committee does not consider submissions on the Good Dog Owner Policy until 4 June there is a risk that Council will not have time to amend dog registration fees in time for the 2020/21 financial year.

4.   Financial impact

If Council is unable to amend the existing dog control fees for the 2020/21 financial year, dog registration fees will not fairly cover the costs of dog control activities at a rate proportional to the private benefit gained from the services.

5.   Degree of significance and level of engagement

This matter is of medium significance because of the potential impact on the registration fees for all dog owners in Nelson. For this reason, special consultative procedures have been carried out on both the Good Dog Owner Policy and the proposed amendments to the Dog Control Fees.

6.   Climate Impact

Climate impact has not been considered in the preparation of this report.

7.   Inclusion of Māori in the decision making process

No engagement with Māori has been undertaken in preparing this report as it affects the timing of Deliberations, rather than the content of the proposals.

8.   Delegations

The Environment Committee has the following delegations to consider dog control policies, bylaws and fees.

Areas of Responsibility:

·    Bylaws, within the area of responsibility

·    Environmental regulatory matters including (but not limited to) animals and dogs

Delegations:

The committee has all of the responsibilities, powers, functions and duties of Council in relation to governance matters within its areas of responsibility, except where they have been retained by Council, or have been referred to other committees, subcommittees or subordinate decision-making bodies.

The exercise of Council’s responsibilities, powers, functions and duties in relation to governance matters includes (but is not limited to):

·    Reviewing and determining whether a bylaw or amendment, revocation or replacement of a bylaw is appropriate

·    Undertaking community engagement, including all steps relating to Special Consultative Procedures or other formal consultation processes.

       Environment Committee Powers to Recommend to Council

·    Matters that, under the Local Government Act 2002, the operation of law or other legislation, Council is unable to delegate

           Council

Council will also make all decisions on matters that must be exercised by Council or unable to be delegated by law. This includes, but is not limited to:

·     The power to make a bylaw

 

 


Item 6: Timing of Dog Control Policy and Bylaw Deliberations: Attachment 1

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