Environmental Management Committee Ordinary Meeting Agenda 8

NOTICE OF MEETING
ENVIRONMENTAL MANAGEMENT COMMITTEE
I hereby give notice that an Ordinary Meeting of the Environmental Management Committee will
be held on:-
DATE:
VENUE:
Tuesday,
8 October 2002
TIME:
9.30 am
Civic Centre, 6 Waipareira Avenue, Lincoln, Waitakere City
to consider the business as set out herein and to take any necessary action connected therewith.
7 October 2002
Owena Schuster
COMMITTEE SECRETARY
Telephone (09) 836 8000 extn 8864
MEMBERSHIP:
Councillors
PA
DA
DQ
BA
JM
RP
AC
OE
JP
GE
VS
GB
GW
CA
Hulse (Chairperson)
Yates, JP (Deputy Chairperson)
Battersby, JP
Brady, JP
Clews, QSO, JP
Dallow, QPM, JP
Fenton
Hoskin, JP
Lawley
Nash, JP
Neeson, JP
Presland
Russell
Stone
Mayor, Bob Harvey, QSO, JP (ex officio)
(Quorum 5 members)
«««««««««««
(The reports and recommendations contained in all agendas are reports and recommendations
only and are not to be construed, in any way, as Council policy until adopted.)
WAITAKERE
CITY
COUNCIL
AGENDA FOR AN ORDINARY MEETING OF THE ENVIRONMENTAL MANAGEMENT
COMMITTEE TO BE HELD IN THE CIVIC CENTRE, 6 WAIPAREIRA AVENUE,
LINCOLN, WAITAKERE CITY, ON TUESDAY, 8 OCTOBER 2002,
COMMENCING AT 9.30 AM.
TABLE OF CONTENTS
ITEM
PAGE NO.
1
APOLOGIES
1
2
URGENT BUSINESS
1
3
CONFIRMATION OF MINUTES
1
PART I - REGULATORY / ENFORCEMENT
2
4
LEGAL UPDATE (AS AT 25 SEPTEMBER 2002)
2
5
THE SAFE PIERCING OF SKIN - PROPOSED BYLAW
6
PART II - DISTRICT PLAN / STRUCTURE PLANS
11
6
DISTRICT PLAN APPEALS UPDATE TABLE
11
7
STRUCTURE PLANNING IN THE NORTHERN STRATEGIC GROWTH AREA
11
PROCEDURAL MOTION TO EXCLUDE THE PUBLIC
11
PART III - ENVIRONMENTAL MANAGEMENT
8
12
ENERGY EFFICIENCY ASPECTS OF THE CITIES FOR CLIMATE PROTECTION
PROGRAMME
12
9
UPPER WAITEMATA HARBOUR STUDY
14
10
SOVEREIGN YACHTS PROPOSAL FOR TEMPORARY MOORINGS
17
WAITAKERE
CITY
COUNCIL
AGENDA FOR AN ORDINARY MEETING OF THE ENVIRONMENTAL MANAGEMENT
COMMITTEE TO BE HELD IN THE CIVIC CENTRE, 6 WAIPAREIRA AVENUE,
LINCOLN, WAITAKERE CITY, ON TUESDAY, 8 OCTOBER 2002,
COMMENCING AT 9.30 AM.
1
APOLOGIES
2
URGENT BUSINESS
Section 46A(7) and (7A) of the Local Government Official Information Act and Meetings
Act 1987 provides that where an item of business is not on the agenda, it may only be
dealt with at the meeting if:
(i)
the item is a minor matter; and
(ii)
the Chairperson has explained at the beginning of the meeting (when open to the
public) that the item will be raised for discussion, why the item is not on the
agenda, and why it cannot be delayed until a subsequent meeting; and
(iii)
the Committee resolves to deal with the item.
No resolution, decision, or recommendation may be made in respect of the item except to
refer the item to a subsequent meeting for further discussion.
NOTE:
3
Urgent Business need not be dealt with now and may be delayed until later in
the meeting.
CONFIRMATION OF MINUTES
Ordinary
- Tuesday, 10 September 2002
RECOMMENDATION
That the minutes of the Ordinary Meeting of the Environmental Management Committee
held on Tuesday, 10 September 2002, as circulated, be taken as read and now be
confirmed.
Agenda Environmental Management Committee
2
8 October 2002
PART I - REGULATORY / ENFORCEMENT
4
LEGAL UPDATE (AS AT 25 SEPTEMBER 2002)
INTRODUCTION
The following is a list of legal actions in respect of matters within the scope of the
Planning and Regulatory Committee, which are currently before the Courts and which are
ongoing or have been commenced since the date of the preceding report. The list does
not include minor matters such as dog, swimming pools, health and litter prosecutions
although advice on any particular such prosecution can be provided to the Committee if it
wishes. The dates referred to in the headings are the dates on which appeals,
informations or proceedings were first filed in Court.
ENVIRONMENT COURT
APPEALS
Waitakere City Council v Auckland Regional Council (SH16/18) (14 March 2002)
Appeal filed by Waitakere City Council against decision of Auckland Regional Council on
earthworks, stormwater and related resource consents sought by Transit for SH16/18.
Several other parties have also filed appeals (namely Transit, John Boyle, Ockleston
Family Trust). It now appears that the appeals aside from Waitakere City Council’s
appeal will soon be settled. Transit has now settled its appeal with Auckland Regional
Council, by entering into a consent memorandum that confirms that the total amount to be
spent by Transit on mitigatory measures for the entire SH16/18 project is $768,000.
Waitakere City Council is continuing with ongoing settlement negotiations with Transit.
Waitakere City Council has recently agreed to resolve that part of its appeal that relates
to the Greenhithe side of the motorway project. The basis upon which settlement has
been reached is that Transit has agreed to consult with both Waitakere City Council and
the North Shore City Council prior to the allocation of the mitigation package of $768,000.
This will ensure that Waitakere City Council has some input into the allocation of the
funds. The remainder of Waitakere City Council’s appeal remains live.
Selak v Waitakere City Council (7 March 2002)
Collett and Nye v Waitakere City Council (8 March 2002)
Appeals have recently filed by the applicant Messrs Selak and their neighbours, Messrs
Collett and Nye. Both appeals relate to the operation of the Selaks’ Go-kart track on their
property at Kennedy’s Road, Whenuapai. The Selaks have appealed a condition
disallowing use of the track on Sundays and public holidays. The Colletts and Nyes have
appealed Council’s decision to allow the Go-Kart activity. The matter has been set down
for a hearing of two days when Court time is available, most likely to be early next year.
Mobil Oil New Zealand Limited v Waitakere City Council (Appeal filed late
September/early October 2001)
Henderson Valley Developments Limited v Waitakere City Council (12 October
2001)
Both the above appeals relate to the proposed 264 residential unit development intended
for 2-6 Henderson Valley Road.
There are on-going negotiations with the
applicant/developer and valuations are currently under consideration. The parties
reported to the Court on 20 August 2002 that negotiations were continuing and requested
that the appeals be set down for the next call over (expected to be in November 2002).
Agenda Environmental Management Committee
3
8 October 2002
Estate Homes Limited v Waitakere City Council (31 August 2001) (Sturges Road)
Estate Homes has appealed the financial reserves contribution assessed as payable for
the second stage of its subdivision at 13-15 Sturges Road. A cash bond of the amount of
the contribution in dispute has been paid and on that basis Council has consented to an
Order allowing the subdivision to proceed. The matter has been set down for a hearing of
1½ days when Court time is available, most likely to be in the first quarter of 2003.
Druker and Michaels v Waitakere City Council and Anor (9 August 2001)
This is an appeal by AS Druker and AC Michaels against a decision by Council to grant
an application for resource consent for an auditorium, youth lounge, administration office,
Sunday School rooms and additional car parking at Green Bay Community Church in
Vardon Road, Green Bay. Mediations took place on 28 January and 18 February 2002
and did not resolve the matter. The church has issued proceedings in the District Court
relating to the use of a right of way shared by the church and the Drukers/Michaels. The
Church has now requested that the Environment Court proceedings proceed to hearing
prior to the District Court proceedings, the matter is yet to be set down.
Coastal Environments Limited v Waitakere City Council - Coastal Subdivision at
Piha (5 March 2001)
This is an application for subdivision consent lodged by Coastal Environments Ltd, which
was declined by the Council. The Waitakere Ranges Protection Society and several
residents groups are parties to the appeal. Coastal are presently considering whether to
revise their proposal and this matter will be set down for the next call over list, probably in
November 2002.
Spencer v Waitakere City Council - Lone Kauri Road, Karekare (29 August 2000)
This is an appeal by Mr Spencer against a decision of the Council to refuse consent to
allow a subdivision of his property located at Lone Kauri Road, Karekare. Both Waitakere
Ranges Protection Society and several residents groups are parties to the appeal. An
on-site meeting between all parties took place on 6 September 2002 and negotiations are
continuing.
HIGH COURT APPEALS
Waitakere City Council v Kitewaho Bush Reserve Company Limited and Ors (Filed
22 January 2002)
Kitewaho Bush Reserve Company Limited and Ors v Waitakere City Council
(February 2002)
These proceedings involve applications for declarations and enforcement orders by
Kitewaho and associated companies relating to 8 different subdivision applications and
related applications for certificates of compliance. On 18 October 2001 Judge Treadwell
released an interim decision rejecting Kitewaho et al's declaration and enforcement
applications, and essentially finding in Council's favour.
In December 2001 the Court released its final decision. In that decision the Court found
that the proceedings issued by Kitewaho and related companies were an abuse of
process and largely misconceived. Costs were reserved. In other words, Council was
successful in its defence of all aspects of these proceedings (other than certain findings
by the Court in relation to Section 91 and Section 92 Resource Management Act).
Agenda Environmental Management Committee
4
8 October 2002
At a meeting of Council on 19 December 2001, it was resolved that an appeal should be
lodged to the High Court to clarify the Court’s decision in relation to matters of
interpretation of the Resource Management Act. That appeal was filed on 22 January
2002 and has been served on the other parties involved (ie. Kitewaho and related entities
and the Auckland Regional Council).
Kitewaho and related entities has now served its own appeal on Council. Council has
applied for security for costs and to admit some new evidence. The Court will hear these
applications once Kitewaho has amended its appeal.
Separate to the above High Court appeals, both Waitakere City Council and the Auckland
Regional Council have applied to the Environment Court for substantial costs against
Kitewaho and related entities. The Court has deferred any decision on the costs
application pending the outcome of the above High Court appeals.
The appeals were reviewed in the High Court on 9 September 2002. Kitewaho has been
directed to file an amended appeal, with an application by Council for security for costs
and other orders being set down for hearing in the week of 28 October 2002.
Estate Homes Limited v Waitakere City Council (28 March 2002) (Ranui Station
Road)
Appeal against consent conditions imposed for proposed subdivision at Ranui Station
Road. The appeal primarily relates to financial contribution conditions imposed, as well
as certain conditions relating to the provision of infrastructure (water mains and roading).
The parties have been involved in negotiations over the appeal, but have not resolved
matters. The matter has recently been set down for hearing in the Environment Court
when Court time is available, expected to be in the first quarter of next year.
ENFORCEMENT ORDERS
Derek Moors - 17 Erangi Place, Bethells Beach (17 May 2000)
An application by Council for enforcement orders against Mr Moors for the presence of
unpermitted dwellings, buses and caravans on the property for a long period. The
caravans and buses have been used periodically to provide semi permanent rental
accommodation. The Enforcement Order proceedings have been adjourned after
Mr Moors made an application for resource consent.
The application submitted seeks to provide a central ablutions block and regularisation of
disposal of waste from the existing buildings. Some local residents oppose this
application. A joint hearing (along with the Auckland Regional Council) occurred as
scheduled on 24 May 2002. A decision was released on 6 June 2002 that granted
consent in part, limited to the retention of three established buildings. Mr Moors has not
appealed the decision relating to the consent. It is understood by Council that Mr Moors
will agree enforcement orders that reflect the resource consent granted. Council has
provided Mr Moors with a draft enforcement order. Consent documentation will be filed
within days.
Waitakere City Council v Borrett - Sunnyvale Road, Red Hills
Application for Enforcement Orders in relation to an alleged illegal landfill site in
Sunnyvale Road. A search warrant and an Order to inspect the property were obtained
from the Court in September 2001 and Council officers have since inspected the property.
As a result of that inspection, amendments to the Enforcement Orders being sought were
made. An agreed settlement has now been reached in principle with final details being
resolved and final Enforcement Orders ultimately to be issued by the Court that will
include cessation of the works and mitigation measures.
Agenda Environmental Management Committee
5
8 October 2002
PROSECUTIONS
Barry Cargill - 58A Rauhuia Crescent, Huia (17 May 2001)
Informations have been laid against Mr Cargill under CRN Nos.1090017265 & 66 in
relation to the clearance of bush in the Coastal Natural Area. The matter was set down
for a depositions hearing on 14 June 2002, at which time the defendant conceded that he
had a case to answer and he was committed for trial. The defendant’s representatives
and Council are finalising a replanting plan to remedy the damage caused on the
property. Mr Cargill has pleaded guilty. Sentencing submissions have been made and
the hearing adjourned for remediation to evaluated.
J and D Gionis / Jayel Contracting Limited - 69 Trig Road (7 November 2001)
Mr and Mrs Gionis and Jayel Contracting have been charged with permitting and/or
undertaking earthworks on the property without consent. Jayel Contracting Limited has
pleaded guilty to carrying out those earthworks. The Gionis pleaded not guilty and the
matter went to a two-day hearing on 23 and 24 September 2002.
The Gionis were found guilty of permitting earthworks greater than 10,000m³ on the site.
Jayel Contracting Limited has pleaded guilty but is disputing the facts as to the volume
they are responsible for bringing onto the site. A date is to be set for hearing the facts
relating to the sentencing of Jayel and the sentencing of both matters.
Graham Gordon - 202 Shaw Road, Titirangi (16 November 2001)
A number of informations were served on Mr Gordon in relation to breaches of the
Resource Management Act for allowing car bodies to be stored on his property and
allowing multiple household units to be established. Council alleges that these activities
are contrary to the District Plan and to Enforcement Orders made against Mr Gordon by
the Court in 1993. Mr Gordon has intimated a not guilty plea to all charges. The matter
has been adjourned to depositions hearing on 27 November 2002 for a one day hearing.
Graham Gordon - 202 Shaw Road, Titirangi (16 November 2001)
Two informations in relation to breaches of the Building Act 1991 were served on
Mr Gordon in relation to the alleged construction of a workshop on his property without
building consent. The matter is set down for a formal proof hearing on 3 October 2002.
Borrett Prosecution - 49 Sunnyvale Road, Red Hills (3 June 2002)
Breach of alleged vegetation clearance, earthworks and interim enforcement orders. The
Borretts have not entered a plea. The matter has been adjourned till 18 October 2002 for
pleading.
Agenda Environmental Management Committee
6
8 October 2002
HIGH COURT - APPEALS FROM PROSECUTIONS
Aik Law and Kim Lai - 34 Rathgar Road, Henderson (21 August 2001)
These defendants rented an unsanitary building, previously a garage, to a family of six for
a period of four years and three months. On 25 May 2001, they were convicted in the
Waitakere District Court pursuant to CRN Nos.0090028151 & 52 and sentenced to total
fines of $40,500. The defendants subsequently appealed the conviction and sentence
and were granted leave by the High Court to produce a significant amount of new
evidence during the course of the appeal. Council also produced evidence in response to
this at the hearing, which took place in the Auckland High Court over three days from 24
to 26 July 2002.
On 16 August 2002 Justice Harrison gave a decision in Council’s favour, and he
dismissed the appeal both in relation to conviction and sentence. The High Court found
that the new evidence did not affect the fact that the building was unsanitary for the time
that it was occupied, and that those conditions must have been obvious to the owners of
the property. Accordingly, the High Court upheld the full level of the sentence that had
been imposed in the lower Court, even though it was and remains the highest imposed
under the Building Act.
The defendants are seeking leave to appeal to the Court of Appeal on sentence. A
hearing took place in the Auckland High Court on 20 September 2002 before Justice
Harrison who has not yet released his decision.
RECOMMENDATION
That the information be received.
Report prepared by: Catherine Knight, Contract Solicitor.
5
THE SAFE PIERCING OF SKIN - PROPOSED BYLAW
PURPOSE OF THE REPORT
To report back to the Committee on recommendations on this issue arising from its
11 June 2002 meeting.
BACKGROUND
At the Environmental Management Committee Meeting held on 11 June 2002, the
Committee resolved:
“1.
2.
That it be recommended to Council that it introduce by way of Special
Order Bylaw 32 Health Protection: The Safe Piercing of Skin 2002, as
attached at pages A1 to A13 in the Attachments supplement to the Agenda.
That it be recommended to Council that it introduces by way of Special
Order Bylaw 32 Health Protection: The Safe Piercing of Skin 2002, and
that the draft of that bylaw as outlined in pages A1 to A13 in the
Attachments supplement to the Agenda be revised in consultation with
operators, and with particular attention to:
(a)
Privacy issues - retention of information;
(b)
Parental permission for young people.
Agenda Environmental Management Committee
3.
7
8 October 2002
That the Chief Executive be asked to bring back a report to the
Environmental Management Committee on the details of the fee set to
fully recover all costs associated with the licensing of skin piercing
operators.”
2040/2002
CONSULTATION
A copy of the draft bylaw was sent to the following industry organisations requesting their
feedback and comment: Tattoo Artists Association of New Zealand, Association of Beauty
Therapists of New Zealand Incorporated, Pharmacy Guild of New Zealand (Inc),
Pharmaceutical Society of New Zealand, Primal Piercing, Western Tattoo Studio,
Monique’s Euro Tattoo Studio, Chemists and Pharmacies located in the Waitakere
District, Beauty Therapists located in the Waitakere District, Te Taumata Runanga,
Pacific Island Advisory Board, Waitakere City Secondary Schools Youth Council.
Feedback was received from: Massey Pharmacy, Lynfield Pharmacy, P.J.s Face and
Body Concerns, Kelston Pharmacy, Tattoo Artists Association of New Zealand,
Te Kawerau A Maki Trust, Lincoln Mall Pharmacy, Western Tattoo Studio, The
Association of Beauty Therapists of New Zealand Incorporated, Lynnmall Pharmacy,
Pharmacy Guild Of New Zealand (Inc), Pharmaceutical Society of New Zealand,
Glendene Village Care Chemist, Glamuzina Corporation Limited (suppliers of piercing
jewellery and equipment), Pacific Islands Advisory Board, Waitakere City Secondary
Schools Youth Council.
A1-A12(k)
Copies of their written submissions are attached at pages A1 to A12(k).
ISSUES
The principal feedback and issues arising out of the consultation process are as follows:
1.
Privacy Issues - Retention of Information
Submissions on the privacy of the information that is required to be recorded
under the proposed bylaw recognised the confidential nature of the information
and the need to ensure that the information is secure and not available for abuse.
The Pharmacy Guild of New Zealand and the Pharmaceutical Society of New
Zealand have in their submissions, directed Council to the Health Information
Privacy Code. The Health Information Privacy Code has been specifically issued
by the Privacy Commissioner to protect the privacy of personal health information.
It is consistent with the provisions of the Privacy Act 1993. Registered
pharmacies that keep health records, including records in connection with ear
piercing, are obliged to comply with the Health Information Privacy Code.
During its meeting of 11 June 2002, the Committee expressed a desire for clear
and robust provisions in the proposed bylaw to ensure the confidentiality and
security of personal information required to be collected under the bylaw. The
Health Information Privacy Code is clearly designed to meet this purpose.
Consequently, clauses 8.7 to 8.9 of the proposed bylaw, have been adapted from
the health information privacy code and inserted into the proposed Bylaw, so as
satisfy any concerns relating to the storage, security, retention and use of
information required to be obtained under the proposed bylaw.
Agenda Environmental Management Committee
2.
8
8 October 2002
Parental Permission
The Pharmaceutical Society Ear Piercing Guidelines strongly advise that clients
under the age of 16 have written consent from a parent or guardian before ear
piercing is performed. The Tattoo Artists Association of New Zealand has a
standing rule that no member shall tattoo or pierce any person under the age of
18 years unless that person is aged 16 years or more and has the written consent
of their parent or guardian.
The Pacific Islands Advisory Board and Te Kawerau a Maki support an age limit of
16 years for skin piercing.
The Waitakere City Secondary Schools Youth Council submit that parental
consent for body piercing should be required for those under the age of 16 (with
an exception for ear piercing), and for tattooing to those under 18 years.
Equivalent skin piercing bylaws in Manukau City, and Auckland City, both require
parental permission for persons under 18 years, before they are permitted to
undergo a skin piercing, except in the case of ear piercing, where parental
permission for that specific type of skin piercing is only required for persons under
16 years. North Shore City’s equivalent skin piercing bylaw requires parental
permission for any skin piercing on any person under 16 years of age.
Council has sought legal advice on the question of the age of consent for skin
piercing and has been advised that discrimination on the grounds of age for
anyone over the age of 16, would be repugnant to law as it would contradict the
Human Rights Act 1993. Therefore, a bylaw that requires anyone under the age
of 18 to obtain parental permission before they are able to undergo a body
piercing may open itself the potential to appeal before the Courts.
Consequently, appropriate wording prohibiting the skin piercing of any person
under 16 years, unless they have parental permission, has been included in the
proposed bylaw in clause 8.1.
3.
Exemption of Chemists/Pharmacists
Feedback from pharmacists and their professional associations, call for an
exemption for pharmacists from the provisions of the bylaw.
Pharmacies are required to be registered by the Pharmaceutical Society of New
Zealand under the Pharmacy Act 1970. Whenever a pharmacy is open for
business a pharmacist must be present to give immediate supervision and control.
Both the practices and personnel are subject to the Pharmaceutical Societies
Code of Ethics that has statutory recognition under the Pharmacy Act 1970. The
Code of Ethics states: “The pharmacist must only provide either a health related
or non-medical service after undergoing appropriate training and when operating
in accordance with an appropriate protocol and when using equipment and
facilities suitable for the service”.
The Medsafe section of the Ministry of Health on behalf of the Pharmaceutical
Society audits pharmacies on a two to four year cycle. This audit (amongst other
things) covers a physical inspection of the facilities and their compliance with the
hygiene requirements of good manufacturing practise. The audit requires
disclosure if ear piercing is undertaken and the Society’s code of ethics requires
that such services are provided in accordance with an appropriate protocol,
training and facilities. Breaches of standards are subject to investigation by the
Society with the threat of disciplinary action, including suspension from practise,
should any breach be substantiated.
Agenda Environmental Management Committee
9
8 October 2002
The Pharmaceutical Society last year reviewed and upgraded its guidelines to
pharmacists and their staff who undertake ear piercing. The guidelines are
consistent with the Ministry of Health Guidelines for Safe Piercing of Skin and
Council’s proposed Bylaw.
It is the view of the Pharmaceutical society that the risks associated with ear
piercing undertaken by their members is managed in the same way as if their
members were subject to the requirements of Council’s proposed skin piercing
bylaw.
An annual registration fee is levied against pharmacies, part of which pays for its
audit and inspection.
Provided the Pharmaceutical Society’s guidelines for ear piercing are kept up to
date and pharmacies are monitored against requirements, then Council’s aim of
reducing the public health risks associated with the piercing of skin, will be
achieved.
Consequently, appropriate wording exempting registered pharmacists working
from registered pharmacies has been inserted into the proposed Bylaw in clause
6.2.
4.
Licensing costs
It is estimated that the cost of licensing skin piercing operators, on a cost recovery
basis, will be $260 per annum. This fee is the same as for hairdresser’s licences.
A one off application fee of $115.00, applicable to all health licences issued by
Council, is payable to Consent Services for each new application.
The annual licensing fee (including GST) is comprised as follows:
Consent services administration and clerical costs:
Field Services costs:
Administration
Inspection
TOTAL
$65.00
$40.00
$155.00
======
$260.00
----------
CONCLUSION
The aim of the proposed Bylaw is to minimise the public health risks associated with
commercial activities involving the piercing of skin. Introduction of such a Bylaw is
recommended in the current Ministry of Health guidelines for the safe piercing of skin.
Three neighbouring Auckland region local authorities have such a skin piercing bylaw.
Promulgation of such a bylaw is commensurate with the aim of Councils Wellbeing
Strategic Plan objective that Citizens of the City have a safe and healthy environment and
Councils obligation under the Health Act 1956 to “promote and conserve public health
within its District”.
Agenda Environmental Management Committee
10
8 October 2002
The proposed Bylaw sets to achieve this aim by setting minimum standards for hygiene,
sterilisation practices and construction of the premises, and puts in place an inspection
regime to assess compliance to these standards. The proposed bylaw has in place
clauses designed to safeguard the privacy of information required to be collected under
the bylaw and will be supported by a cost recovery licensing regime.
Consequently it is appropriate for Council to introduce a bylaw to regulate the practise of
skin piercing.
RECOMMENDATIONS
A13-A23
1.
That the information be received.
2.
That it be a recommendation to Council that it introduce by way of Special Order
Bylaw 32 Health Protection: The Safe Piercing of Skin 2002, as set out in
attached at pages A13 to A23.
3.
That pursuant to the Health Act 1956, a fee of $260.00 inclusive of GST be
charged in respect of any license required pursuant to Bylaw 32, should the same
come into force.
Report prepared by: Alan Ahmu, Team Manager Environmental Compliance.
Agenda Environmental Management Committee
11
8 October 2002
PART II - DISTRICT PLAN / STRUCTURE PLANS
6
DISTRICT PLAN APPEALS UPDATE TABLE
PURPOSE OF THE REPORT
The Acting District Plan Co-ordinator will provide a verbal update to the Environmental
Management Committee on progress in dealing with the appeals on the Proposed District
Plan.
An up-to-the-minute progress report will be brought to each meeting outlining the status
of the appeals.
RECOMMENDATION
That the information be received.
Report prepared by: Owena Schuster, Committee Secretary.
7
STRUCTURE PLANNING IN THE NORTHERN STRATEGIC GROWTH AREA
This item will be considered in the Confidential Supplement of the agenda, and has been
circulated to members separately with this agenda.
PROCEDURAL MOTION TO EXCLUDE THE PUBLIC
That the public be excluded from the following part of the proceedings of this meeting,
Structure Planning in the Northern Strategic Growth Area.
The general subject of the matter to be considered while the public is excluded, the
reason for passing this resolution in relation of the matter, and the specific grounds under
Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the
passing of this resolution are as follows:
General subject of the Reason for passing this resolution Ground(s) under Section
matter
to
be in relation to the matter.
48(1)(a) for the passing
considered.
of this resolution.
·
Structure Planning The withholding of information is
in the Northern necessary in order to:
Strategic Growth
· Enable any local authority
Area
holding the information to carry
on, without prejudice or
disadvantage,
negotiations
(including commercial and
industrial negotiations).
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.
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests protected by
Section 7(2)(i) of that Act which would be prejudiced by the holding of the relevant part of
the proceedings of the meeting in public as follows:
·
This report contains information that if released would affect Council’s negotiating
position.
Agenda Environmental Management Committee
12
8 October 2002
PART III - ENVIRONMENTAL MANAGEMENT
8
ENERGY EFFICIENCY ASPECTS OF THE CITIES FOR CLIMATE PROTECTION
PROGRAMME
PURPOSE OF THE REPORT
The purpose of this report is to outline the energy efficiency aspects of the Cities for
Climate Protection Programme, as requested by the Environmental Management
Committee Ordinary Meeting on Tuesday, 14 May 2002 in resolution:
“That Council lobbies Central Government to support methods of electricity
generation other than by the burning of fossil fuels and requests that a report be
brought back to this Committee on energy efficient aspects of the Cities for
Climate Protection Programme.”
907/2002
BACKGROUND
On Tuesday, 12 March 2002 this committee resolved to adopt the international Cities for
Climate Protection programme for Waitakere City and to continue discussions about the
national establishment of such a programme by Local Government New Zealand.
Staff are compiling a Greenhouse Gas Emissions Inventory as the first step of the Cities
for Climate Protection programme.
The international Cities for Climate Protection programme has been running successfully
for a number of years and is well established in Australia. 149 Australian Councils
participate in the programme and internationally the programme has over 370 member
Councils.
Discussions have also continued with Local Government New Zealand about the
establishment of a national programme. Cabinet has approved that a national
programme based on the Cities for Climate Protection programme will be established and
this is likely to be co-ordinated by Energy Efficiency and Conservation Authority.
However the detailed funding has not yet been approved and there are likely to be
considerable delays caused by the earlier than expected national election.
STRATEGIC CONTEXT
Climate protection is an integral part of the Eco City philosophy and is acknowledged
internationally as a priority, especially by those cities committed to Agenda 21. It can be
expected that the New Zealand government will ratify the Kyoto protocol and therefore
commit New Zealand to greenhouse gas emission reductions later this year.
Energy efficiency is closely related to climate protection and Waitakere City Council has
been active in this area for some time.
ENERGY EFFICIENCY AND THE CITIES FOR CLIMATE PROTECTION PROGRAMME
In 1999 38% of New Zealand’s greenhouse gas emissions came from the energy sector.
The largest source of emissions (54%) came from the agricultural sector, mainly in the
form of methane. However there are currently no known methods for the reduction of
methane emissions from the agricultural sector, except to reduce stock numbers. The
energy proportion of New Zealand’s emissions therefore presents the best opportunity for
reductions.
Agenda Environmental Management Committee
13
8 October 2002
Methane emissions from agriculture are likely to be a relatively small part of Waitakere
City’s emissions profile because of the largely urban nature of the city. It can therefore be
argued that our management of energy use has the biggest impact on our emissions.
The Cities for Climate Protection programme aims to reduce greenhouse gas emissions
from the waste and energy sectors because these are the areas that can be best
influenced by local authorities. The energy sector includes electricity and other fuels
used in homes and industry; and energy used in transport.
Waitakere City Council already engages in a number of initiatives that help to reduce
greenhouse gas emissions through energy efficiency. Examples are the establishment of
park and ride facilities and the installation of photovoltaic panels on the Massey library.
The Cities for Climate Protection framework will help to establish sound baseline data that
will allow us to monitor progress and to target such initiatives more effectively.
The Cities for Climate Protection focuses heavily on political and management buy in and
provides a strategic framework for energy efficiency that will help develop sound policy
and action plans. The step by step programme will ensure that policies and initiatives are
based on sound analysis of greenhouse gas emissions data and external co-ordination
will help to ensure continuity of the programme.
Internationally the Cities for Climate Protection offers guidance and information
exchange. Some Australian energy efficiency examples that resulted out of Cities for
Climate Protection are:
·
·
·
·
·
Park and ride developments.
Promotion of car free days.
Provisions of energy audits for residential homes.
Demonstration projects on public buildings, such as photovoltaic cells.
Street lighting audits and upgrades.
Further information and Cities for Climate Protection case studies can be viewed on
www.iclei.org/ccp-au.
Reducing Council’s corporate emissions is an integral part of the programme. The main
purpose of this is to lead by example and to enthuse others through well publicised
demonstration projects. Ensuring that Council operations are energy efficient will help
reduce greenhouse gas emissions and save money on electricity and fuel bills. There are
close links between the Cities for Climate Protection programme, the triple bottom line
project and the corporate sustainability programme.
Initiatives planned for the current financial year include:
·
·
·
·
·
·
·
·
·
Completion of the Waitakere City greenhouse gas emissions inventory.
Review of Council policy in relation to climate change.
Planning of new initiatives to reduce greenhouse gas emissions.
Benchmark and monitor Council’s energy use through new energy management
software.
Reporting on Council’s energy use and CO2 emissions in the triple bottom line report.
Ensuring energy efficiency in new Council buildings and Council funded buildings,
such as the Glen Eden library and the Waitakere Sports Complex.
Continuation of regional transport work.
High profile demonstration projects, such as the installation of solar panels on the
Massey library.
Promotion of energy efficiency to the public through initiatives such as the Auckland
Home Show 2002 stall in partnership with Building Research Association of New
Zealand and Energy Efficiency and Conservation Authority.
Agenda Environmental Management Committee
14
8 October 2002
Internationally there is recognition that there are many positive opportunities for business
arising out of climate change challenges.
RESOURCES
The resources to deliver the programme outlined above are included in the 2002/2003
Annual Plan.
CONCLUSION
Energy efficiency is the main aspect of the Cities for Climate Protection programme. The
Cities for Climate Protection programme builds on the energy efficiency work already
underway at Council, but will offer additional benefits.
·
·
·
·
The programme will allow Council to better focus its efforts and to re-evaluate present
policies, because decisions are based on measurements.
International information exchange will ensure that Council has access to up to date
case studies on Councils further ahead in the programme.
The emphasis on political and management buy in and on the promotion of member
Council’s initiatives is likely to raise the public profile of this Council’s already
extensive energy efficiency work.
Outside co-ordination will help ensure continuity of the programme over time.
It can be expected that energy efficiency demonstration projects will form a major part of
the programme.
RECOMMENDATION
That the information be received.
Report prepared by: Katja Lietz, Project Manager: Sustainability Projects.
9
UPPER WAITEMATA HARBOUR STUDY
PURPOSE OF THE REPORT
This report provides an update on the Upper Waitemata Harbour Study, which addresses
environmental issues within the land catchment and water body at the head of the
Waitemata Harbour.
BACKGROUND
A24
The Upper Waitemata Harbour refers to the areas of water to the north of Hobsonville
Peninsula and Birkenhead. It has a large land catchment, with an area of 202 square
kilometres. A map of the Upper Harbour and land catchment area is attached at page
A24.
The upper reaches of the Waitemata Harbour offer largely unspoilt tidal inlets. They are
essentially the largest untouched areas of natural environmental resources in the
Waitemata Harbour. Located at the head of Waitemata Harbour, and due to its enclosed
nature, the water body is poorly flushed. Renewal of its waters through tidal movement
takes some 28 days. The Upper Harbour is showing signs of stress from existing levels
of development in the catchment, and faces more environmental pressure from future
development in the catchment.
Agenda Environmental Management Committee
15
8 October 2002
After a long period of discussion, the Auckland Regional Council, North Shore City
Council, Waitakere City Council, Rodney District Council and Transit New Zealand have
agreed to the scope and joint funding of environmental studies to address the issue of the
impact of future development on land within the catchment on the carrying capacity of the
Upper Waitemata Harbour. The National Institute of Water and Atmospheric Research
Limited has been commissioned to carry out the project.
The study components cover:
·
·
·
Sediment load predictions from proposed rural residential developments in the land
catchment of the Upper Waitemata Harbour;
Predictions of contaminant accumulation in the Upper Waitemata Harbour from
different development scenarios in the land catchment; and
Base line ecological values of the Upper Waitemata Harbour.
The study is programmed for completion by July 2003. Results from the study
components would become progressively available from January 2003.
The project is being managed by a Steering Committee, and Waitakere City Council
officers are members of this Steering Committee.
STRATEGIC CONTEXT
The Auckland Regional Growth Strategy has clearly identified additional development in
the land catchment of the Upper Waitemata Harbour. The Upper Waitemata Harbour
Study forms part of the validation process to verify the environmental impact of
development in the area. The Study is to identify the carrying capacity of the Upper
Waitemata Harbour and the level of mitigation which will be required to allow
development to proceed. The cumulative effects of all development will be assessed by
testing various development scenarios.
Approximately 15% of the land catchment of the Upper Waitemata Harbour falls within
Waitakere City. This area includes all of the City’s strategic growth areas, from Redhills
to Hobsonville Peninsula, which have been confirmed in the Northern and Western
Sectors Agreement, and the northern rural areas currently identified as Countryside
Environment in the Proposed District Plan.
The study outcomes will influence the planning and design of future development in the
northern parts of Waitakere City.
ISSUES
Development Scenarios
Different development scenarios, identifying broad indicative types, scale and intensity of
development options, will be tested for their effects on the Upper Waitemata Harbour.
Council officers will draw up the range of development scenarios to be tested for
Waitakere City.
The scenarios tested will not define the optimum level and location of growth for the City’s
Northern Strategic Growth Areas, but results from the scenario testing will inform
Council’s planning for the future development in these areas.
Agenda Environmental Management Committee
16
8 October 2002
Policy Implications
Results from the study will provide the basis for the development of a policy/management
framework to guide future development within the catchment. Higher environmental
standards to protect water quality and ecological values may be required, leading to
changes to both Regional and District Plans.
Interim Development Control Protocol
The Study will take until the middle of 2003 to be completed. This will be followed by a
further period of policy review and formulation, which could take another year.
To enable planning and development to proceed in the interim, the local authorities
participating in the Study have developed a set of protocol for managing development
proposals which may arise during the course of the study. The protocol will apply until
such time as the outcomes from the Study have been finalised and new policies and
management approaches to guide future development in the catchment are in place.
The intention of the protocol is not to freeze development in the interim, nor to take away
development rights which are permitted by current district and regional policies. The
protocol commits the parties to co-operate during the course of the Study and policy
development, and provides for forward planning activities to proceed, and new proposals
of national, regional or strategic significance to be processed according to statutory
procedure.
Communications Strategy
A communication strategy is proposed to be developed by the Study partners to run in
parallel with the Study. While input to the Study itself is not sought from the community,
future policy decisions will involve public consultation. Council staff will be involved in the
development of the communication strategy.
Consultation with Iwi will also need to be discussed and an appropriate process will be
established.
RESOURCES
Waitakere City Council has contributed $50,000 to the Study.
There will be continuing requirement for staff resources to provide input to the Steering
Committee during the Study and the subsequent policy development phase.
There will be further project costs, but these cannot be identified until completion of the
current study.
CONCLUSION
The Upper Waitemata Harbour Study has been commissioned. Waitakere City Council
officers have participated in determining the scope and content of the technical studies,
the development of the interim development control protocol and an equitable funding
contribution. Officers will continue to provide input to the Steering Committee, including
the identification of development scenarios to be tested, and the development of a
communications strategy.
The study results will not define development for the City’s Northern Strategic Growth
Areas, but rather, will inform Council’s planning for future development in these areas.
Agenda Environmental Management Committee
17
8 October 2002
RECOMMENDATIONS
1.
That the information be received.
2.
That the communication strategy for the Upper Waitameta Harbour Study be
reported back to the Committee for endorsement.
3.
That further progress reports be made to the Committee as results from the Upper
Waitemata Harbour Study become available.
Report prepared by: Anne Cheng, Senior Analyst: Urban Policy.
10
SOVEREIGN YACHTS PROPOSAL FOR TEMPORARY MOORINGS
PURPOSE OF THE REPORT
The purpose of this report is to bring to the committee’s attention a proposed resource
consent application by Sovereign Yachts (New Zealand) Limited (Sovereign) to the
Auckland Regional Council for two temporary “fore and aft” moorings located in the
channel adjacent to the hardstand area of Hobsonville Airbase (Catalina Bay).
BACKGROUND
Sovereign are looking ahead to the America’s Cup with a view to being able to provide
moorings for super yachts close to their existing boat building operations at Hobsonville
as part of the general marketing and promotions.
ISSUES
A25-A28
The Auckland Regional Council has requested that Sovereign’s obtain the written consent
of the Waitakere City as part of the resource consent application. A copy of a letter from
Sovereign’s agents (Cato Consultants Limited), seeking Council’s written approval and
detailing the proposal, is attached at pages A25 to A28. Council officers are satisfied
through the resource consent process; appropriate conditions can be imposed to ensure
the environmental effects of the temporary moorings facility are mitigated. For this
reason it is recommended to support the application by Sovereign Yachts (New Zealand)
Limited.
CONCLUSION
It is recommended that Council provide written consent to Sovereign in support of their
application for temporary moorings.
RECOMMENDATIONS
1.
That the information be received.
2.
That the Chief Executive provide a letter of support and Council’s consent to
Sovereign Yachts (New Zealand) Limited in respect their application for two fore
and aft moorings at Catalina Bay, Hobsonville.
Report prepared by: Fraser Henderson, Strategic Projects Manager.
WAITAKERE CITY COUNCIL
BYLAW NO.32, 2002
HEALTH PROTECTION - SKIN PIERCING
The Waitakere City Council acting in pursuance and exercise of the power and authorities
conferred on it by the Local Government Act 1974, the Health Act 1956, the Bylaws Act 1910,
their respective amendments, and all other powers and authorities in any way enabling it
HEREBY MAKES BY WAY OF SPECIAL ORDER the following bylaw.
1
SHORT TITLE
The short title of this Bylaw shall be Bylaw No. 32, 2002 Health Protection - Skin Piercing.
2
COMMENCEMENT
This bylaw shall come into force on XXXXX.
3
APPLICATION OF BYLAW
This Bylaw shall apply to all occupiers, operators or licensees of premises providing or
intending to provide facilities and services for skin piercing as defined in clause 5 of this
Bylaw at the date of the coming into force of this Bylaw and to all such premises intended
to be operated thereafter.
4
PURPOSE
The purpose of this bylaw is to control the licensing and minimise the risk of illness or
injury due to infection or contamination resulting from skin piercing activities or activities
associated with skin piercing by:
5
(a)
Imposing standards to ensure proper hygiene, sterilisation and infection control
practises are maintained on premises used for skin piercing within the District; and
(b)
Monitoring the operation of premises providing skin piercing to ensure proper
hygiene, sterilisation and infection control are maintained to prevent the spread of
illness.
INTERPRETATION
In this bylaw unless the context otherwise requires or where otherwise expressly provided
AUTHORISED OFFICER means any person appointed or authorised by the Council to
carry out or exercise the duties of an authorised officer under this bylaw.
COUNCIL means the Waitakere City Council.
SKIN PIERCING means any process involving piercing, cutting and puncturing the skin or
other part of the human body, or applying a dye or other substance for the purposes of
colouring part of the skin. Skin piercing includes such processes as acupuncture,
pedicure, epilation (hair removal), body piercing, hair restoration and tattooing.
A13
6.
EXEMPTIONS
6.1
6.2
7
Nothing in this Bylaw shall apply to the carrying out of skin piercing by:
(a)
A medical practioner registered pursuant to the Medical Practitioners Act
1995, a dentist registered under the New Zealand Dental Act 1988, a
nurse registered under the Nurses Act 1977, a physiotherapist registered
under the Physiotherapists Act 1949, or a podiatrist registered under the
Medical and Dental Auxiliaries Act 1966 where the process is carried out in
the practise of medicine, dentistry, nursing, physiotherapy or podiatry,
respectively; or
(b)
A person acting under the direction or supervision of any such medical
practioner, nurse, physiotherapist, podiatrist or dentist, where the process
is carried out for the purpose of the practise of medicine, physiotherapy,
podiatry or dentistry, respectively.
Nothing in this bylaw shall apply to ear piercing carried out by staff of a pharmacy
registered pursuant to the Pharmacy Act 1970 acting under the supervision of a
pharmacist registered pursuant to the Pharmacy Act 1970.
LICENSING
7.1
No person shall carry out any skin piercing on any premises unless the premises
are licensed by the Council and such licence is currently in force.
7.2
A licence shall not be issued unless the premises concerned complies with all
requirements of this Bylaw and with all other statutory provisions governing its
operation or occupancy.
7.3
The provisions of Clause 7.1 shall not apply to the carrying out of acupuncture
where any person wishing to undergo acupuncture is unable to attend the
licensed premises because of injury, infirmity or medical emergency provided that
the acupuncture is carried out in compliance with the procedures specified in
Clauses 9 and 10 of this Bylaw
7.4
The provisions of Clause 7.1 shall not apply to the carrying out of any skin
piercing in any temporary structure or premises for a maximum period of 5 days in
any 30 day period provided that the person carrying out the skin piercing complies
with all conditions specified by an authorised officer in respect of the temporary
structure or premises and the skin piercing including the provision of approved
facilities for the proper cleansing and sterilising of any instrument or like article,
including any ear studs, ear keepers or similar jewellery is in accordance with the
provisions of Clauses 8 and 9 of this Bylaw.
Any person wishing to take advantage of the provisions of this clause shall require
the consent of an authorised officer and shall pay such fee for any inspection
required and for the authorised officer’s time to consider the matter.
7.5
Application for the licensing of any premises used or intended to be used for skin
piercing shall be made by the owner, occupier, manager, or person proposing to
use the premises. The applicant shall be a natural person or persons.
7.6
Each application shall be on the form prescribed and all requested information
shall be provided.
A14
7.7
8.
On receipt of an application and payment of the required fee a licence may be
issued to the applicant if an authorised officer is satisfied in respect of the
following matters:
(a)
That the premises concerned and the proposed method of operation
comply with:
(i)
The requirements of all Acts or Regulations which relate to skin
piercing;
(ii)
The provisions of any plan or proposed plan (as those words are
defined in Section 2 of the Resource Management Act 1991) which
have application to the premises concerned;
(iii)
The provisions of this Bylaw; and
(b)
That the applicant has a sufficient knowledge of this Bylaw and the
hazards associated with carrying out skin piercing. For the purpose of
determining an applicant’s knowledge an authorised officer may require an
applicant to undergo such tests as are necessary to show the applicant’s
knowledge of the requirements of this Bylaw.
7.8
Every licence issued pursuant to this Bylaw shall be prominently displayed in a
public part of the premises to which it relates so as to be readily visible to any
member of the public or authorised officer visiting the premises.
7.9
Every licence issued under this Bylaw shall expire on 30 June in every year or on
such other date which the Council for administrative purposes from time to time
may select. A licence may be renewed in accordance with the foregoing
provisions. No licence shall be for a term of more than one year.
7.10
The foregoing provisions of this clause relating to licensing shall apply to every
application for the renewal of a licence but in the case of Clause 7.7(a)(ii) shall be
read subject to the provisions of Section 10 of the Resource Management Act
1991.
7.11
The Council may from time to time by resolution fix and alter fees and charges for
the issue of licences and the making of inspections, and for any other services
provided by the Council in respect of any provisions of this Bylaw.
GENERAL
8.1
No person shall carry out skin piercing on any person under the age of 18 years of
age 16 years of age unless with the written permission of that person’s parent or
guardian in person on the premises upon which the skin piercing is to be carried
out, provided that this clause not apply to the piercing of ear lobes of any person
who has attained the age of 16 years.
8.2
No person shall carry out skin piercing on any person who they suspect is under
the influence of alcohol, drugs or mind-altering substances except as prescribed
for a medical condition.
8.3
No person shall smoke on any premises where skin piercing is undertaken except
in a part of the premises that is clearly separate from the area where a process of
skin piercing is carried out.
A15
8.4
Any person who wishes to undergo skin piercing shall sign (or if under the age of
18 16 years, have their parent or guardian sign, provided that this shall not apply
to piercing of the earlobes of any person who has attained the age of 16 years) a
declaration or consent form confirming that, to the best of their knowledge, he/she
does not:
·
·
·
·
·
suffer from a communicable disease or skin disease; or,
suffer from a bleeding disorder; or,
take medication such as anticoagulants which thin the blood or interfere with
blood clotting; or,
have a history of allergies or adverse reactions to pigments, dyes or other skin
sensitivities; or,
have a history of epilepsy or seizures,
before any skin piercing is undertaken.
The licensee, manager, or other person for the time being in charge may decline
to carry out any skin piercing on the basis of such information or agree to carry out
the skin piercing subject to such conditions and safeguards as are considered
appropriate in the circumstance. Nothing in this Bylaw shall be construed as
requiring any person to perform a skin piercing on any other person.
8.5
No person who knows or suspects that he or she is suffering from or is a carrier of
a skin infection or a communicable disease, or associated condition shall carry out
any skin piercing, without taking adequate precautions to prevent the
transmittance of such infection, disease or condition.
8.6
Prior to the commencement of any skin piercing the person who will be carrying
out the process shall advise the person who wishes to undergo such process of
risks associated with the process and the potential for infection to occur during
and after the process and shall give written advice appropriate to the procedure to
be undertaken, concerning precautions and post process procedures which
should be taken by the person who wishes to undergo the process.
8.7
Every licensee shall keep records of the names and addresses of any person who
undergoes any skin piercing; the date on which the skin piercing was undertaken;
the nature of the skin piercing; and the location on the body where the skin
piercing was undertaken. Such records shall be kept for a minimum of 5 years and
only be made available where it is necessary to prevent or lessen a serious and
imminent threat to public health or public safety; or the life or health of the
individual concerned or another individual, such as to an Environmental Health
Officer or a Medical Officer of Health as defined in the Health Act 1956 who are
carrying out any investigation pursuant to Part III of the Health Act 1956 or the
Health (Infectious and Notifiable Diseases) Regulations 1966.
8.8
Every licensee shall ensure that the information collected under Clause 8.7 is
protected by such security safeguards as it is reasonable in the circumstances to
take, against:
(i)
loss;
(ii)
access, use, modification, or disclosure; and
(iii)
other misuse.
8.9
Every licensee shall ensure that the information collected under Clause 8.7 is
disposed of after 5 years from the date of collection, in a manner that preserves
the privacy of the information.
A16
8.10
Where an authorised officer is satisfied that compliance with any requirements of
this Bylaw would be impractical or unreasonable having regard to the premises in
question or the skin piercing being undertaken, a written exemption may be
granted with such modifications and subject to such conditions as are in the
interest of public health as may be desirable in the circumstances.
8.11
The holder of the licence issued under Clause 7 or in the case of any premises
where skin piercing is undertaken and no licence is required or is in force, the
owner, occupier, manager, or other person in charge of the premises shall keep
on the premises and make available for reading by any person employed on the
premises and by any person attending the premises for the purpose of undergoing
any skin piercing a copy of this Bylaw.
8.12
Where any premises, whether licensed or not, upon which skin piercing is so
carried on as to be unnecessarily offensive or likely to be injurious to health, or, by
reason of the state, situation, construction or disrepair of those premises the
customer is likely to be exposed to contamination, an authorised officer may serve
notice on the owner or occupier of those premises to carry out, within a time to be
stated on the notice, such remedial action as may be specified in the notice.
During this period so specified, the conditions that are identified as unnecessarily
offensive, likely to be injurious to health, or likely to expose the customer to
contamination, shall be removed.
Any such notice may require that owner or occupier to cease using those
premises or cause the use of those premises to cease for a period specified in the
notice.
9.
STERILISATION OF INSTRUMENTS AND JEWELLERY
9.1
No person shall use any instrument or like article, including any ear studs, ear
keepers or similar jewellery for or in connection with carrying out skin piercing
unless immediately before the instrument or article is used or since the instrument
or article was last used the instrument or article has been sterilised in accordance
with the provisions of Clause 10.1 and kept in such a manner to maintain its
sterility.
9.2
A person who uses an instrument or like article to carry out skin piercing does not
contravene Clause 9.1 if the instrument or article:
(a)
Has been taken in the presence of the person for whose treatment it is
intended to be used, from a package which has been sealed by the
manufacturer, being a package:
(i)
In an unbroken and undamaged condition; and
(ii)
To which the manufacturer has affixed a label containing a
statement to the effect that the contents of the package have been
sterilised; and
(iii)
The article or instrument if steam sterilised has been packaged
according to the NZ Code of Practice for Steam Sterilisation 1981;
and
(iv)
Has not been subjected to any contamination during storage.
A17
9.3
9.4
The holder of a licence shall ensure that, immediately after the completion of a
skin piercing carried out by the holder or a person employed by the holder, any
instrument, appliance or like article used in that process:
(a)
Is disposed of to waste in a dry puncture resistant container; or
(b)
Is thoroughly cleansed and sterilised and stored in an appropriate manner
so as to maintain its sterility before use on any other person or the same
person at a latter time.
Where an instrument or like article used for projecting a needle into the skin of any
person would be rendered inoperable or be damaged if a hand piece attached to it
were sterilised, the hand piece shall be deemed to be disinfected if it has been
cleaned of all visible soiling then wiped with a clean paper towel saturated with:
(a)
a 70% dilution of industrial methylated spirit in water or
(b)
a 70% dilution of ethyl alcohol or isopropyl alcohol in water; or
(c)
a chlorine solution having a minimum strength of 500 parts per million.
The needle shall be removed from the hand piece and sterilised.
(Advisory Note: Chlorine solution will corrode metals.)
9.5
10
Notwithstanding the provisions of Clause 9.1 no needle or similar product having a
hollow lumen shall be used for carrying out a skin piercing on any person if it has
previously been used to carry out a skin piercing on any other person.
STERILISATION
10.1
An instrument or like article or a container shall be deemed to have been sterilised
if the instrument, article or container has been:
(a)
Thoroughly cleansed by washing in warm water and detergent or within an
ultrasonic cleaner and exposed to steam under the pressure indicated
below in a steriliser (autoclave) for:
(i)
103 KPa (15psi) - At least 15 minutes at not less than 1210C; or
(ii)
138KPa (20psi) - At least 10 minutes at not less than 1260C; or
(iii)
206KPa (30psi) - At least 4 minutes at not less than 1340C.
The times quoted above are holding times and do not include the time
taken for the autoclave contents to reach the required temperature. Every
steriliser (autoclave) used for the purpose of this Part of the Bylaw shall be
fitted with time, temperature and pressure gauges. Additionally every time
the autoclave is used chemical indicator strips shall be inserted to show
that the temperatures as set out above have been attained during the
autoclaving procedure. During each use the gauges shall be viewed to
ensure that the correct times, temperatures and pressures are reached.
Time, temperature and pressure readings shall be recorded and noted
after each usage. Regular spore testing must be undertaken and the
results noted. The autoclave shall be serviced at no less than 6 monthly
intervals, and the results noted. These records shall be maintained for a
minimum of 3 years. The records shall be made available to an Authorised
Officer, Environmental Health Officer or a Medical Officer of Health on
request.; or
(b)
Thoroughly cleansed by washing in warm water and detergent and
exposed to dry heat for at least 60 minutes at not less than 1700C; or
A18
10.2
11.
(c)
Thoroughly cleansed in an ultrasonic cleaner using a proprietary cleaning
solution for a minimum of 20 minutes and then totally immersed in clean
gluteraldehyde solution of a minimum strength of 2 percent for a minimum
of 30 minutes; or
(Advisory Note: Gloves should be used when handling gluteraldehyde.)
(d)
Thoroughly cleansed by washing in cold water and detergent and then
totally immersed in a glass bead steriliser operating at 2500C for a
minimum of 5 minutes; or
(e)
Thoroughly cleansed by a method appropriate to the nature of the article
concerned and then submitted to a process of sterilisation approved by an
authorised officer.
(Advisory Note: This may include ethylene oxide treatment and gamma
irradiation.)
The holder of the licence issued in accordance with the provisions of Clause 7
shall cause to be displayed and maintained adjacent to every place in the
premises where cleaning and/or sterilising of instruments and like articles is
undertaken written instructions setting out in clear and legible format the
processes to be followed to ensure compliance with the provisions of Clauses 9
and 10.
PREMISES
11.1
The following clauses may be waived if an authorised officer thinks it is
unnecessary because of the nature of the skin piercing being carried out.
11.2
Premises in which skin piercing is or is intended to be carried on shall comply with
the following requirements:
(a)
The premises shall be well constructed in accordance with the Bylaws of
the Council and in accordance with any applicable provisions of the
Building Act 1991 and the Health Act 1956;
(b)
The premises and all fittings, fixtures and appliances in the premises shall
be maintained in a state of good repair and in a clean and tidy condition;
(c)
Any structural alterations, repairs, renovations, plumbing, or drainage work
that may be undertaken or required shall be carried out without
unnecessary delay;
(d)
(i)
(ii)
(iii)
The walls, ceilings, fixtures and fittings in any area connected with
the carrying out of skin piercing shall be constructed of materials
that are light in colour, and capable of being easily cleaned, and
shall be maintained in good repair. If the walls are liable to be
wetted or fouled they shall be constructed of impervious material;
No ceiling shall be less than 2.4 metres above the floor measured
at the lowest point of the ceiling;
The floor of that part of any premises where skin piercing is carried
out shall be surfaced with a smooth, durable material that is
impervious to water and capable of being easily cleaned. The floor
and the material with which the floor is surfaced shall be
maintained in good repair;
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(e)
(i)
(ii)
(iii)
A wash-hand basin supplied with a constant supply of hot and cold
water or tempered running water at a temperature of not less than
38 degrees Celsius, soap, and approved hand-drying facilities shall
be provided in a readily accessible position within 6 metres by the
most practicable route of the place where any person carries out
any skin piercing;
The supply of hot and cold water to the wash-hand basin shall be
by way of elbow-operated taps however other taps of the hands-off
type, including foot operated, electronically controlled or knee
operated; taps may also be used;
The place where the wash-hand basin is situated shall be such that
it cannot become directly contaminated by splashings or other
contaminants from the use of any sink provided in accordance with
subclause (f);
(f)
A sink supplied with a constant piped supply of hot water at a temperature
of not less than 63 degrees Celsius and cold water shall be provided in a
readily accessible position for the sole purpose of cleaning instruments,
equipment and articles used in the skin piercing;
(g)
A cleaner’s sink equipped with a constant supply of hot and cold water
shall be provided on the premises for the sole purpose of being used in
connection with cleaning of the floors, walls and similar fixed parts of the
premises. The cleaner’s sink shall not be used except for such purpose.
The requirement for a sink or cleaner’s sink as specified in subclauses (g)
or (f) may be waived if an authorised officer thinks it is unnecessary
because of the nature of the skin piercing being carried out;
(h)
All parts of the premises shall be adequately ventilated to the satisfaction
of an authorised officer;
(i)
All parts of the premises shall be provided with a lighting system capable
of providing adequate illumination to facilitate cleaning and inspection.
Lighting of not less than 300 lux shall be provided at all working surfaces
adjacent to every place where customers are attended to and where
instruments and tools are cleaned and sterilised;
(j)
Adequate dust proof cupboards shall be provided for the storage of all
clean towels, linen or other materials that may be required to carry out the
skin piercing;
(k)
Suitable separate dust proof storage spaces shall be provided for the
storage of sterile dressings, sterilised instruments, and all sterile articles,
including jewellery, used in connection with skin piercing;
(l)
Adequate covered waste receptacles shall be provided for the storage of
all waste materials. Every such waste receptacle shall have imprinted or
affixed to the exterior the words “BIO HAZARD” in letters not less than 25
millimetres in height;
(m)
All mattresses, squabs and cushions used on any chair, bed, table or the
like, used in conjunction with the carrying out of skin piercing shall be
provided with permanent impervious covers that are easily cleaned. All
permanent covers shall be maintained in good repair and cleaned and
disinfected as frequently as is necessary to maintain them in a clean and
hygienic condition. Clean auxiliary covers, towels or the like shall be
provided to protect such chairs, beds, and tables where necessary, and
changed if they come into contact with the skin or become soiled.
(n)
A separate biohazard area shall be provided for all sterilisation processes.
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CONDUCT
12.1
Any person who undertakes skin piercing shall whilst on the premises:
(a)
At all times keep his or her clothing, hands, and fingernails clean and
cover with an impermeable dressing any infected, damaged or inflamed
skin;
(b)
Thoroughly cleanse his or her hands by washing with soap or antibacterial
cleansing agent including brushing his/her hands and nails when
necessary using a single use sterile brush and then drying them with a
single service towel or other approved hand-drying equipment:
(i)
Immediately before putting on the protective gloves required by
subclause (e) and commencing any process which involves
piercing of the skin;
(ii)
Immediately after removing the protective gloves required by
subclause (e) on the completion of any process which involved
piercing of the skin;
(iii)
Immediately after using a sanitary convenience, using any
handkerchief or nasal tissue, smoking, eating or drinking;
(iv)
Immediately after handling or touching with bare hands soiled
towels, linen or similar materials, biological matter or waste
materials used or produced in connection with a process of skin
penetration.
(c)
Prior to commencing any skin penetration process cleanse the client’s skin
by swabbing with either:
(i)
70 per cent weight/weight ethyl alcohol; or
(ii)
80 per cent volume/volume ethyl alcohol; or
(iii)
60 per cent volume/volume isopropyl alcohol; or
(iv)
Alcoholic (isopropyl and ethyl) formulations of 0.5 to 4 per cent
weight/volume chlorohexadine; or
(v)
Aqueous or alcoholic povidone-iodine (1 per cent weight/volume
available iodine); or
(vi)
Other cleansing agents approved by an authorised officer;
followed by waiting for a period of at least two minutes before commencing
any penetration of the skin;
(d)
Dispose of all blood contaminated materials (e.g. sharps) and dye residue
into a puncture resistant container or otherwise in a manner approved by
an authorised officer;
(e)
Before commencing any skin piercing cover his/her hands with new
unused, sterile protective disposable gloves;
(f)
Discard the protective disposable gloves required by subclause (e):
(i)
After carrying out any skin piercing on any person, and before
carrying out any skin piercing on any other person;
(ii)
After touching any object including surfaces and equipment which
may have become contaminated with blood or serum of any person
other than the person on whom the skin piercing is being
undertaken or touching any object which has not been subject to a
process of cleansing and sterilisation carried out in accordance
with the provisions of Clause 9.
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12.2
13
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An operator No person shall not use a towel, sheet, cloth or any other protective
garment or cover, on, or immediately under or over, a customer unless:
(a)
It has not been previously used; or
(b)
Where it has been previously used, it has been laundered to render it
clean and hygienic since last having been used.
12.3
All towels, sheeting, clothes or other protective garments, disposable gloves or
covers shall be placed into an appropriate lidded container after use.
12.4
No surgical marker pen or similar device used to mark any mucous membrane of
any person shall be used to mark any mucous membrane of any other person.
TATTOOING
13.1
On completion of any tattoo or part of a tattoo the person undertaking the tattoo
shall provide to each customer suitable approved verbal and written instructions
for the subsequent care of the tattoo to lessen the chance of infection.
13.2
The sterilisation of equipment used in tattooing shall include but not be limited to
the sterilisation of needles, needle bars, tubes and tube tips.
13.3
Stencils used to transfer a pattern to the skin shall either be disposed of after use
or shall otherwise be effectively washed and then disinfected with either 70% ethyl
or isopropyl alcohol, or chlorohexadine gluconate (Hibitane) in 70% alcohol or
providone-iodine (Betadine) in 70% alcohol before reuse. Any stencil that is to be
reused shall be of a material that is able to be effectively cleaned and disinfected.
13.4
No person who carries out tattooing on premises licensed or required to be
licensed pursuant to this Bylaw or exempt from licensing by virtue of Clause 7.4
shall, in carrying out tattooing on a customer on any premises, use any dye,
pigment or solution, unless the dye, pigment or solution has been decanted into a
clean sterilised container holding sufficient of the liquid for carrying out that tattoo
on that customer only and while the process is being carried out on that customer
is extracted or withdrawn only from that container.
13.5
Every person who carries out tattooing on premises licensed or required to be
licensed pursuant to this Bylaw or exempt from licensing by virtue of Clause 7.4
shall ensure that on completion of the tattoo, any dye, pigment or solution residue
is discarded and disposed of to waste, and the container is either sterilised or
discarded. Any dye, pigment or solution residue remaining on the completion of a
tattoo shall not be used in connection with the tattooing of any other person.
13.6
All dyes, pigments, or solutions used for tattooing shall be prepared, stored and
dispensed in such a manner as to prevent any likelihood of any infection to any
customer or other person.
ELECTROLYSIS/EPILATION/BEAUTY THERAPY
14.1
Wax that has been applied to a customer’s body for hair removal shall not be
reused.
14.2
A needle that has been used in an epilation/electrolysis process shall not be
reused.
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14.3
No person shall:
(i)
(ii)
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Remove hair from moles;
Perform electrolysis on any person who uses a hearing aid, or who has
metal plates or pacemakers inserted in their body without the permission
of a medical practitioner registered under the Medical Practitioners Act
1995.
OFFENCES
Every person commits an offence against this Bylaw who:
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(a)
Undertakes any skin piercing without being licensed in terms of clause 7 of this
Bylaw;
(b)
Breaches any condition under which a licence is issued under this Bylaw;
(c)
Does, or causes to be done, or permits or suffers to be done, or is concerned in
doing, anything whatsoever contrary to or otherwise than as provided by this
Bylaw;
(d)
Omits, or neglects to do, or permits or suffers to remain undone, anything which
according to the true intent and meaning of this Bylaw ought to be done at the
time and in the manner therein provided;
(e)
Does not cease any action which that person is required to cease under this
Bylaw;
(f)
Knowingly permits or allows any condition of things to exist or continue to exist
contrary to this Bylaw;
(h)
Fails, refuses or neglects to comply with any notice duly given to that person
under this Bylaw;
(i)
Obstructs or hinders any authorised officer of the Council or other person
appointed, employed or authorised by the Council in the execution or performance
or attempted execution or performance of any duty to be discharged by such
person under or in the exercise of any power conferred by this Bylaw;
(j)
Fails to comply with any notice, or direction, or conditions contained in any licence
granted by the Council.
PENALTIES
16.1
Any person guilty of an offence against this Bylaw shall be subject to the penalties
set out in Section 66 of the Health Act 1956 and is liable to a fine not exceeding
$500 and, in the case of a continuing offence, to a further fine not exceeding $50
for every day on which the offence has continued.
16.2
Council may, after the conviction of any person for a continuing offence against
this bylaw, apply to any Court of competent jurisdiction for an injunction to restrain
the further continuance of the offence by the person so convicted.
16.3
The continued existence of any work or thing in a state contrary to this bylaw shall
be deemed to be a continuing offence within the meaning of this clause.
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