Agenda. Hearings Panel. Objection Against Classification as a Menacing Dog

Transcription

1 Agenda Hearings Panel Objection Against Classification as a Menacing Dog Venue: Tauranga City Council - Kaimai Room Date: Friday, 30 September 2016 Time: 3.00 pm Notice of Meeting I hereby give notice that a IHearings Panel will be held on Friday, 30 September commencing at 3.00 pm in the Tauranga City Council Kaimai Room, 91 Willow Street (access off Library Arcade), Tauranga to consider the business as set out herein. G Poole Chief Executive Objective ID: A Tauranga Cihj Coimcil

2 A Tauratv^aCity Hearings Panel Membership CHAIRPERSON DEPUTY CHAIRPERSON MEMBERS QUORUM Cmr Matt Cowley Cmr Steve Morris Cmr Stuart Crosby Cmr Bill Grainger Cmr Bev Edlin 1 vacancy Regulatory Matters (other than RMA resource consent matters) A panel of three to be appointed in the first instance allowing for a quorum of two once the hearing has commenced. Plan Changes & Private Plan Changes The number of members to be determined by Council as part of the approval for the Plan Change to be notified for public submission. The quorum shall be half the number of members if even, or the majority of members ifthe number of members is odd. MEETING FREQUENCY As required City Plan Changes & Private Plan Changes Role & Scope To hear matters on plan changes and private plan changes of a quasi-judicial nature as referred to the Committee by Council, subject to compliance with the requirements ofthe Resource Management Act All functions, duties and obligations as set out in the Resource Management Act relevant to the hearing of submissions on plan changes and private plan changes that have been processed under Schedule 1 of the Resource Management Act. To conduct hearings and to recommend to Council decisions on submissions and approval of plan changes and private plan changes that have been processed under Schedule 1 of the Resource Management Act. Other 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: > empowered or obligated to hear and determine; > permitted to delegate to a committee of Council under the Local Government Act To exercise this function in accordance with: > the applicable legislation; > the Council's corporate strategies, policies and plans; and > 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. Objective ID: Al Tauranga City Council

3 Plan Changes & Private Plan Changes Power to Act To make decisions where draft consent orders would represent a minor change in policy direction from the City Plan, and to authorise settlement of those consent orders with the Environment Court, through Council's Solicitors on behalf of Council. Other 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 detennine, including (but not limited to): > 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 detennine under the Dog Control Act 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. City Plan Changes & Private Plan Changes Power to Recommend To Council for decisions on recommendations and the approval of plan changes and private plan changes. For the avoidance of doubt, the Hearings Panel does not have the power to hear matters relating to the sale and supply of alcohol. Objective ID: Al Tauranga City Council

4 A. Tauranga City Agenda Hearings Panel Objection Against Classification as a Menacing Dog Friday, 30 September pm Kaimai Room, Tauranga City Council For the purpose of this hearing the panel will be made up of the following Elected Members: Chairperson Commissioners Commissioner Matt Cowley Steve Morris and Bev Edlin OPEN SECTION Apologies Chairperson's Introduction Consideration of Late Submissions (if any) Business Decisions 1. Objection to Dog Classification (DC 296) (Pgs.1-5) To provide information and recommendations on an objection against classifying the dog Oily, a Bull Mastiff, as a menacing dog pursuant to Section 33A of the Dog Control Act Objective ID: A

5 Attachment A-D - Confidential Discussion of Late Items Public Excluded Session Deliberations The public are excluded from this part of the Hearing pursuant to Section 48(1) of the Local Government Official Information and Meetings Act 1987 to enable the Hearing Commissioner('sj to deliberate in private on the decision or recommendation in respect of the above application where a right of appeal lies to a Court or tribunal against the final decision. Public Excluded Session Sugcjested Resolution Ttiat it be Resolved Ttiat the public be excluded from the follotfi/ing parts of the proceedings of this meeting, namely, Confidential Attachments A-D - Objection to Dog Classification (DC 296) The general subject ofeach 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) ofthe Local Government Official Information & Meetings Act 1987 for the passing of this resolution are as follows: General Subject of Each faatter to be Considered Confidential Attachments A-D - Objection to Dog Classification (DC 296) Reason for Passing this Resolution in Relation to Each Matter To avoid prejudice to the maintenance of the law, including the prevention, investigation and detection of offences and the right to a fair trial Ground(s) Under Section 48(1) for the Passing ofthis Resolution That the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist. Objective ID: A