Invercargill CITY COUNCIL

Invercargill CITY COUNCIL NOTICE OF MEETING Notice is hereby given of the Meeting of the Regulatory Services Committee to be held in the Council Chamber, First Floor, Civic Administration Building, 101 Esk Street, Invercargill on Tuesday 2 July 2013 at 4.00 pm His Worship the Mayor Mr TR Shadbolt JP Cr 0 J Ludlow (Chair) Cr G J Sycamore (Deputy Chair) CrC G Dean CrA G Dennis Cr I L Esler CrG D Lewis Cr IR Pottinger Cr L S Thomas EIRWEN HARRIS MANAGER, SECRETARIAL SERVICES Finance and Corporate Services Directorate Civic Administration Building • 101 Esk Street • Private Bag 90104 Invercargill • 9840 • New Zealand DX No. YA90023 • Telephone 032111777. Fax 03 211 1433 AGENDA Page 1. APOLOGIES Cr GJ Sycamore. 2. PUBLIC FORUM 3. SUBMISSIONS TO INVERCARGILL CITY COUNCIL BYLAW I 2013/2 − KEEPING OF ANIMALS, POULTRY AND BEES Appendix 1 5 Appendix 2 7 Appendix 3 105 Appendix 4 133 4 MONITORING OF SERVICE PERFORMANCES 141 4.1 LEVELS OF SERVICE 142 4.1.1 Animal Control 143 4.1.2 Building Consents 144 4.1.3 Compliance 145 4.1.4 Environmental Health 145 4.1.5 Resource Management 148 4.1.6 Valuation 5. MONITORING OF FINANCIAL PERFORMANCES 149 5.1 DIRECTORATE OVERVIEW 149 5.2 ADMINISTRATION 149 5.3 ANIMAL CONTROL 5.4 ENVIRONMENTAL HEALTH 150 5.5 BUILDING 150 5.6 LIQUOR LICENSING 150 5.7 VALUATION 150 5.8 COMPLIANCE 150 5.9 RESOURCE MANAGEMENT 150 5.10 FINANCIAL SUMMARY 151 6 ACTIVITY PLAN REVIEW N/A. 7 DEVELOPMENT OF POLICIES/BYLAWS N/A. 8 ACTION SHEET 9. OTHER BUSINESS 9.1 REPORT OF THE DIRECTOR OF ENVIRONMENTAL AND PLANNING SERVICES 9.1.1 District Licensing Committee Under the Sale of Alcohol Act 159 2012 9.1.2 Environmental Court Appeal 163 Appendix I 165 9.1.3 Delegation for Environment Court Mediation 171 9.1.4 Christchurch Assistance 173 10. URGENT BUSINESS 11. PUBLIC EXCLUDED SESSION Moved, seconded that the public be excluded from the following parts of the proceedings of this meeting; namely (a) Report by the Director of Environmental and Planning Services The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1)(d) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows: General subject of Reason for passing this Ground(s) under each matter to be resolution in relation to Section 48(1) for the considered each matter passing of this resolution 7 Hoffman Court To enable any local Section 7(2)(i) authority holding the information to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) HEARING TIMETABLE TUESDAY 2 JULY 2013 BYLAW 2013/2 − KEEPING OF ANIMALS, POULTRY AND BEES Time Submitter's Name Submission Page No No. 4.00 pm KABIIOMay −andRehabilitationRussell Evans − Bush Haven Native Bird Trust KABII5 4.10 pm Vic Thompson − Southland Avicultural Society KABII6−KABII7 4.20 pm Kim Reilly − Federated Farmers KABI40−KABI52 4.30 pm Alan Swallow KABI7I−KABI80 4.40 pm Richard Butler KAB030−KAB035 4.50 pm Katrina Robertson KABI23−KABI38 OOC.j 0002 TO: REGULATORY SERVICES COMMITTEE FROM: DIRECTOR OF ENVIRONMENTAL AND PLANNING SERVICES MEETING DATE: TUESDAY 2 JULY 2013 SUBMISSIONS TO INVERCARGILL CITY COUNCIL BYLAW 201312 − KEEPING OF ANIMALS, POULTRY AND BEES Report Prepared by: Melissa Short − Corporate Planner John Youngson − Environmental and Compliance Manager SUMMARY Twenty six submissions have been received and six submitters have requested to be heard. RECOMMENDATIONS That the submissions (Appendix 2) be received and considered by Council; AND That after hearing and considering submissions, a decision is made to adopt the Invercargill City Council Bylaw 2013/2 − Keeping of Animals, Poultry and Bees, subject to amendments arising from submissions; AND That the following delegations be made with respect to the Invercargill City Council Bylaw 2013/2 − Keeping of Animals, Poultry and Bees: That the Director of Environmental and Planning Services have the authority to determine on behalf of the Council that the criteria established in Clauses 7, 8, 9, 10, 11, 12 and 13 of the Invercargill City Council Bylaw 201312 − Keeping of Animals, Poultry or Bees has been met or breached. That the Director of Environmental and Planning Services, the Environmental and Compliance Manager, the Senior Animal Control Officer, Animal Control Officers and After Hours Animal Control Officer have the authority to enforce Invercargill City Council Bylaw 201312 − Keeping of Animals, Poultry or Bees. IMPLICATIONS 1. Has this been provided for in the Long Term Plan/Annual Plan? Yes 2. Is a budget amendment required? No 0003 3. Is this matter significant in terms of Council's Policy on Significance? No 4. Implications in terms of other Council Strategic Documents or Council Policy? Yes, the recommendation in this report results in a new Council Bylaw. 5. Have the views of affected or interested persons been obtained and is any further public consultation required? The Invercargill City Council Bylaw 2013/2 − Keeping of Animals, Poultry and Bees has been publicly notified and submissions received. FINANCIAL IMPLICATIONS The financial implications of this bylaw have been included in the 2013/14 Annual Plan budgets. INVERCARGILL CITY COUNCIL BYLAW 2013/2— KEEPING OF ANIMALS, POULTRY AND BEES The Invercargill City Council Bylaw 2013/2 − Keeping of Animals, Poultry and Bees was publicly notified for submission on 13 April 2013 with the closing date for submissions being 17 May 2013. Twenty six submissions were received, with six submitters requesting to be heard in support of their submission. A timetable, based on an allocation of ten minutes per submitter has been developed (Appendix 1). All submissions received have been collated for Council's consideration (Appendix 2) and a summary of those submissions, including graphical displays of the number of submitters who agree or disagree with a proposed clause, with a staff response has been included as (Appendix 3). On considering submissions, staff have recommended a number of amendments to the Draft Bylaw for adoption. These changes are presented through 'track changes' in Appendix 4. Should Council determine to adopt the proposed bylaw, the delegation of tasks specified in the Bylaw will enable its efficient administration and enforcement. It is recommended that the Director of Environmental and Planning Services be delegated the authority to determine whether any of the clauses have been met or breached. This will enable situations arising under the Bylaw to be dealt with in a timely manner. It is further recommended that the Director of Environmental and Planning Services, the Environmental and Compliance Manager, the Senior Animal Control Officer, Animal Control Officers and After Hours Animal Control Officer have the authority to enforce the Bylaw. 0004 APPENDIX I HEARING TIMETABLE TUESDAY 2 JULY 2013 BYLAW 2013/2 − KEEPING OF ANIMALS, POULTRY AND BEES Time Submitter's Name Submission Page No. No. 4.00 pm MayKABIIO−andRehabilitationRussell Evans − Bush Haven Native Bird Trust KABI 15 4.10 pm Vic Thompson − Southland Avicultural Society KABII6−KABII7 4.20 pm Kim Reilly − Federated Farmers KABI40−KAB152 4.30 pm Alan Swallow KABI7I−KABI80 4.40 pm Richard Butler KAB030−KAB035 4.50 pm Katrina Robertson KAB123−KABI38 0005 0006 APPENDIX 2 Miss Cheryl Anderson KAB7 − KAB23 Do You Clause Comment 2. I agree with the regulations imposed by the council. 6. While the Director of Environmental and Planning would no doubt make all decisions after consultation and expert advice, the animal owner should at all times be kept well informed and have the opportunity to appeal any decisions. 8.2 Yes Agree with this statement. Just like with dog ownership, an application could be made to council to own more than three cats, with strict requirements and responsibilities to be met and monitored by council compliance staff. 8.1 Yes 9.5 Yes Someone has to oversee and govern the ownership of pigs in an urban or semi−urban area, and the local government is the obvious body to do this. 9.2 No 9.3 Yes 9.4 Yes 10.2 Yes Any chickens should be kept in a humane fashion. 10.3 Yes This is common sense, and questions would be asked why someone in a built up area woulds require more than 12 chickens for their 'hobby'. 10.4 Yes I do agree with this, but a simple solution could be reached before it got to this point, and I firmly believe the owner of the chickens in this scenario should have the opportunity to hear/see in full the complaint made and the reasons for the complaint, and have the opportunity to rectify it. 10.5 Yes 10.1 Yes 11.2 Yes Any sort of animal ownership in a built up area needs to be monitored. Although this seems a bit 'big brotherish' it is a necessity of living in an urban area. 12.1 Yes Definitely in a residential area. 14. Yes 0007 0008 Mr Warren Tuckey KAB24 [ Do YouComment Clause Agree? I I 1. I support the proposed bylaw in full. 0009 0010 Miss Fleur Rodway KA625 − KAB29 Do YouComment Clause Agree? 8.1 Yes 8.2 Yes 12.1 Yes 13.1 No This provision is overly restrictive. It might be appropriate for a small animal (such as a chicken or rabbit) to be slaughtered in an urban environment for personal consumption or animal welfare reasons. 0011 0012 Mr Richard Butler KAB30 − KAB35 Do YouComment Clause Agree? I 2. Insert; "The Invercargill City Council acknowledges that keeping bees is of benefit to the whole community because of the pollination of plants, fruits and vegetables and encourages this activity." 7.1 No The words "in the opinion of the Director of Environmental and Planning Services" do not allow for the natural justice as described in New Zealand Bill of Rights Act 1990 section 25.

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