I hereby give notice that an extraordinary meeting of the Governing Body will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 14 November 2013

10.00am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Len Brown, JP

 

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

Cr Dick Quax

 

Cr Cameron Brewer

Cr Sharon Stewart, QSM

 

Cr Dr Cathy Casey

Cr Sir John Walker, KNZM, CBE

 

Cr Bill Cashmore

Cr Wayne Walker

 

Cr Ross Clow

Cr John Watson

 

Cr Linda Cooper, JP

Cr Penny Webster

 

Cr Chris Darby

Cr George Wood, CNZM

 

Cr Alf Filipaina

 

 

Cr Hon Chris Fletcher, QSO

 

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

(Quorum 11 members)

 

 

 

Elaine Stephenson

Democracy Advisor

 

11 November 2013

 

Contact Telephone: (09) 373 6328

Email: elaine.stephenson@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

TERMS OF REFERENCE

 

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate; or

(b)        the power to make a bylaw; or

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term council community plan; or

(d)        the power to adopt a long term plan, annual plan, or annual report; or

(e)        the power to appoint a Chief Executive; or

(f)        the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long term plan or developed for the purpose of the local governance statement; or

(g)        the power to adopt a remuneration and employment policy.

 

Additional responsibilities retained by the Governing Body:

 

(a)        Approval of a draft long term plan or draft annual plan prior to community consultation

(b)        Approval of a draft bylaw prior to community consultation   

(c)        Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(d)        Adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(e)        Relationships with the Independent Maori Statutory Board, including the funding agreement and appointments to committees.

(f)        Approval of the Unitary Plan

(g)        Overview of the implementation of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.

 

 


Governing Body

14 November 2013

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Affirmation                                                                                                                      5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Acknowledgements                                                                                                       5

5          Petitions                                                                                                                          5  

6          Public Input                                                                                                                    5

7          Local Board Input                                                                                                          5

8          Extraordinary Business                                                                                                5

9          Notices of Motion                                                                                                          6

10        Submission to the New Zealand Block Offer 2014 - Proposal for Petroleum Exploration Permit Round                                                                                                                 7

11        Appointments to Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party and the Parakai Recreation Reserve Board                                                                     29

12        Meeting Schedule - 2014                                                                                             35

13        Governing Body decision-making during the 2013/2014 Christmas recess period     37

14        Membership of Committees                                                                                       39  

15        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

16        Procedural Motion to Exclude the Public                                                                 41

C1       Special Housing Areas - General Matters                                                                41

C2       Approval of Special Housing Areas - Second Tranche                                          41

C3       Recommended Candidates for Proposed Auckland Unitary Plan Hearings Panel      41  

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

2          Apologies

 

Apologies from Cr AJ Anae and Cr WD Walker have been received.

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

4          Acknowledgements

 

At the close of the agenda no requests for acknowledgements had been received.

 

5          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

6          Public Input

 

Standing Order 3.21 provides for Public Input.  Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

At the close of the agenda no requests for public input had been received.

 

7          Local Board Input

 

Standing Order 3.22 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

8          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

9          Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 


Governing Body

14 November 2013

 

 

Submission to the New Zealand Block Offer 2014 - Proposal for Petroleum Exploration Permit Round

 

File No.: CP2013/24879

 

  

 

Purpose

1.       The government is consulting iwi and local authorities on proposed areas to be offered for petroleum exploration permit applications in 2014.  This report presents a draft council submission on the proposals.

Executive Summary

2.       Oil and gas exploration in New Zealand requires a permit under the Crown Minerals Act.  A range of onshore and offshore areas have been proposed as locations where the government will receive permit applications in the annual permit process next year.  This process is known as a block offer. 

3.       Several Block Offer 2014 areas are located off Auckland’s west coast.  The areas are at least 6 nautical miles offshore.  They are mainly located in the exclusive economic zone, but do extend into the territorial sea (within 12 nautical miles of the coast) which is managed by Auckland Council under the Resource Management Act (RMA).

4.       This report explains the block offer process and notes some of the potential economic and environmental implications of petroleum exploration near Auckland.  The key area of concern is that the proposed block offer areas extend into Maui’s dolphin habitat.  Activities such as seismic surveying and well drilling can affect dolphins.  Petroleum exploration also has environmental risks relating to discharges (such as oil spills) and disturbance of marine ecosystems.  Such matters are principally addressed under the relevant environmental legislation.  There are opportunities to minimise environmental risks by integrating Crown Minerals Act and RMA processes.

5.       Submissions on the Block Offer 2014 proposals close on 14 November 2013.

6.       The attached draft submission seeks that the following changes be made to the Block Offer 2014 proposals:

a)   Amend the boundaries of the Reinga Northland Basin and Offshore Taranaki Basin Block Offer areas so that they are at least 12 nautical miles offshore.  This avoids a greater range of the Maui’s dolphin habitat.

b)   Ensure that exploration activities adhere to the Department of Conservation’s guidelines for minimising acoustic disturbance to marine mammals, including within 20 nautical miles of the Marine Mammal Sanctuary.

c)   In recognition of the sensitivity of potentially impacted areas, take action to ensure that risks of oil spills and other discharges are minimised, particularly in areas close to the coast.

d)   Continue to keep iwi and local authorities informed of the permitting process and, where appropriate, share analysis and data between the Crown Minerals Act and Resource Management Act processes.


 

Recommendation/s

That the Governing Body:

a)      approve the submission to the consultation document ‘New Zealand Block Offer 2014 – proposal for petroleum exploration permit round’, attached to the agenda report.

 

 

Discussion

Management of oil and gas exploration and production in New Zealand

7.       New Zealand has multiple basins (onshore and offshore) with hydrocarbon potential, but only one, the Taranaki Basin, is currently producing.  As at May 2013, 1108 wells had been drilled in New Zealand for hydrocarbon exploration and production purposes.

8.       There are at least six offshore wells off the coast of Taranaki.  Anadarko plan to begin drilling a deep sea exploratory oil well in the Taranaki Basin about 100 nautical miles to the west of Raglan before December 2013.  They were granted a licence in 2006, before the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act) was enacted.  Anadarko's exploratory drilling would be in 1500m deep water.  The deepest oil production well currently in New Zealand is in 125 metres water depth.

9.       Oil and gas activities are managed under the Crown Minerals Act (CMA) and the RMA or EEZ Act.  The CMA sets out how the Crown will allocate the right to explore, prospect or mine Crown-owned minerals, which includes petroleum.  The Minister of Energy and Resources allocates prospecting, exploration or mining permits for particular areas.  The environmental effects of these activities are regulated under the RMA by local authorities when they are on land or in the territorial sea (within 12 nautical miles of the coast).  In the EEZ, environmental effects of exploration and mining are regulated by the Environmental Protection Agency under the EEZ Act.  In September 2013 the council made a submission to the Ministry for the Environment to state that we did not support a proposal that exploratory oil wells in the EEZ be classified as a non-notified discretionary activity due to the risks involved.

10.     A permit is required under the CMA before any exploration work can begin.  NZ Petroleum and Minerals (NZPM) (part of the Ministry of Business, Innovation and Employment) holds annual competitive tenders, known as block offers, to allocate petroleum exploration permits.  Bidders are assessed based on their proposed work programme, technical and financial capability, and their health and safety and environmental credentials. 

11.     Exploration activities include seismic surveys, sampling, aeromagnetic surveys, exploratory drilling, and geological studies, compiling reports and data analysis.  This work helps identify places within the permit area that are most likely to contain commercially recoverable amounts of oil and gas.  Once a discovery is made, the permit holder has to decide whether it is economic to apply for a mining permit to develop the resource.

12.     The Block Offer 2014 areas are shown in Attachments A (New Zealand map) and B (Northland map).  Areas of relevance to Auckland include three offshore basins: the Reinga Northland Basin (85,009 km2), New Caledonia Basin (49,051 km2) and Taranaki Basin (55, 032 km2).  The proposed areas include some acreage that is currently being offered in the Block Offer 2013 tender round.  An announcement on any permits that are yet to be granted is expected in December 2013.  The shoreward boundary of these blocks follows a grid pattern that is at least 6 nautical miles from shore.


 

13.     The Block Offer 2014 consultation period ends on 14 November 2013.  The block offer areas will then be finalised and the tender round open for bids from April to September 2014.  Companies will be able to bid for one or more of the grids within the block offer area up to a maximum of 2,500 km2 in the offshore Taranaki Basin and up to 10,000 km2 in the other offshore areas.  It is expected that the announcement of permit grants would be in December 2014, for commencement from April 2015.

14.     Once the bids are assessed, exploration permits would be issued and would run for up to 15 years from the commencement date.  Permit holders are required to report on their iwi engagement activity and to meet high health, safety and environmental standards.

15.     Once a permit is granted under the CMA, there is no automatic right for a permit under the RMA or EEZ Act.

 

Auckland Council’s regulatory role and the Unitary Plan

16.     Under the RMA, Auckland Council regulates and assesses the environmental effects of any mining activity.

17.     The RMA framework requires an assessment of effects in order to achieve the sustainable management purpose of the Act.  New Zealand Coastal Policy Statement policy 6(1) (a) requires councils to ‘recognise that the provision of infrastructure … and the extraction of minerals are activities important to the social, economic and cultural wellbeing of people and communities’.  Other NZCPS policies relate to the need to protect indigenous biodiversity, natural character and water quality.

18.     The relevant provisions of the proposed Unitary Plan are attached to the draft submission.  The plan takes a very similar approach to the operative Regional Plan: Coastal.  Seabed disturbance associated with mineral exploration (including oil and gas exploration) is a permitted activity provided that sample sizes and disturbance areas are within the specified limits.  Disturbance over these limits is a restricted discretionary activity.  Exploration that includes seismic surveys is likely to exceed the underwater noise limit and will be a restricted discretionary activity.  Disturbance from mineral extraction (including oil and gas production) is a discretionary activity.

19.     Exploratory oil drilling in the coastal marine area would generally be a discretionary activity as the installation of structures and their occupation, discharges and dumping are discretionary activities. 

Economic benefits

20.     There is significant potential for economic benefits for Auckland if oil or gas production wells were developed off our coast.  This benefit would be from increased jobs and spending on infrastructure.  Exploration activity may require new support bases that could be developed around the Manukau or Kaipara harbours.

21.     In 2012 oil was New Zealand’s fourth largest merchandise export (after dairy, meat and wood) at a value of over $2 billion.  The government receives around 42% of the profits of the petroleum industry in the form of company tax and royalties.  At the current rate of exploration and production this equates to around $400 million in royalties and $300 million in company tax annually.

22.     A 2010 study by Woodward Partners assessed the asset value of future petroleum royalties from known petroleum reserves as well as potential production.  It found that if recent patterns of exploration and development continue, future royalty income could generate $8.5 billion to New Zealand ($3.2 billion from existing production facilities in Taranaki and $5.3 billion from future discoveries).  If current exploration rates increased by 50 per cent over the next 10 years, New Zealand could earn $12.7 billion in royalties.


Environmental concerns

23.     Oil and gas exploration has environmental risks that are of low likelihood but high consequence.  In Auckland, this relates principally to Maui’s dolphins and to drilling well blowouts. 

24.     The population of Maui’s dolphins is so low that any adverse effects on individual dolphins have significant implications for the sub-species’ survival.  Maui’s dolphins are found along Auckland’s west coast adjacent to the Block Offer 2014 areas.  They are on the verge of extinction and it is estimated that there are only 55 dolphins remaining.  They are generally found close to shore but are thought to range further offshore to around the 100m depth contour.  The key threats to Maui’s dolphins are fishing and disease.

25.     In November 2012 the council submission to the Maui’s dolphin threat management plan review stated:

·   We cannot see how anything but full prudence will save this sub-species from extinction over the very long number of years it will require to rebuild its population to a viable size, possibly over 100 years.

·   The offshore limit of the marine mammal sanctuary (MMS) should be 12 nautical miles (nm) along its full length and this should include a full ban on wide-scale oil and gas production and the drilling and seismic survey exploration for these.

·   For seismic surveys that are conducted within 20 nm of the MMS boundary, the Director General of DOC should consider the EIA carefully as to the noise effects on Maui’s dolphins.  The 2012 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations relies on use of a visual sighting distance of 1-1.5 km when the actual impact of the noise levels of seismic survey can have effects over a potential 20 nm radius.

26.     A drilling well blowout is very unlikely, but could lead to oil spills that reach the coast, affecting fishing activities, marine ecology and beach amenity.

27.     A Greenpeace commissioned report (released on 23 October 2013) gauged the effects if a deepwater exploratory oil well blowout similar to the Deepwater Horizon oil well disaster in the Gulf of Mexico took place off Taranaki and Otago.  The modelling used a lower rate of oil loss than the Mexico event.  It found that about 80 percent of spills impacted the coastline between the Kaipara Harbour mouth and Raglan, while the entire coastline between Opononi and Cape Egmont would be affected in 50 percent of spills.  It would take less than a week for an oil spill to reach the coastline at Muriwai, Piha or Manukau Harbour in a worst-case scenario.

28.     Representatives of the oil industry and the government have refuted the study and noted that the Gulf of Mexico oil spill scenario is highly unlikely in New Zealand due to differences in the geology, type and pressure of oil likely to be found, and improvements in drilling processes.  They stated that contingency plans are in place to respond to any spills should one occur.

29.     Oil and gas exploration and production can also result in pollution and ecological effects from their general operations, including disposing of waste materials and discharges to the coastal marine area.  Structures and sampling can disturb the seabed and affect the natural character of the coastal environment.  Discharges could be from leaks in the well casing or from disposal of chemical substances used in drilling operations.

30.     Many of the potential environmental effects of oil exploration, including drilling, can be adequately managed through processes that ensure well integrity and use appropriate disposal of hazardous substances.


Integration between processes

31.     While the CMA and RMA have separate requirements, it is important to ensure the regulatory processes are integrated as much as possible.  This would reduce duplication costs for applicants and ensure that environmental concerns are considered before any location or technological options are finalised.

Consideration

Local Board Views

32.     It was not possible to seek the views of Local Boards on the block offer proposals due to the local authority election coinciding with the Block Offer 2014 submission period.

Maori Impact Statement

33.     A draft of the council’s submission was sent to iwi representatives on 18 October 2013.  Responses were received from Te Rūnanga o Ngāti Whātua and Te Kawerau Iwi Tribal Authority.  They both supported the draft submission and noted its inclusion of a request to amend the block offer areas so that they are at least 12 nautical miles from shore instead of 6 nautical miles. 

34.     NZPM are consulting with iwi directly on the Block Offer 2014 proposals.  Section 4 of the Crown Minerals Act requires persons exercising functions and powers under the Act to have regard to the principles of the Treaty of Waitangi.  In order to meet the Crown’s responsibility in this regard, section 2 of the Minerals Programme for Petroleum 2013 sets various consultation requirements to be carried out by NZPM during the block offer with affected iwi and hapu, including the exclusion of certain land of particular importance to the mana of iwi or hapu from permit areas.

35.     Section 33C of the Crown Minerals Act requires that petroleum permit holders submit an annual report to the Minister on their engagement with iwi and hapu whose rohe is covered by the permit area or who otherwise may be affected by the permit.

General

36.     There has been significant public and media interest in the proposals for oil and gas exploration around New Zealand.

Implementation Issues

37.     The Block Offer submission period closes on 14 November 2013.

 

Attachments

No.

Title

Page

a

Block Offer 2014 national map

13

b

Block Offer 2014 offshore Northland map

15

c

Draft Auckland Council submission on Block Offer 2014 - Proposal for petroleum exploration permit round

17

    Signatories

Author

Kath Coombes - Principal Specialist Coastal

Authorisers

Ludo Campbell-Reid - Environmental Strategy & Policy Manager

Roger Blakeley - Chief Planning Officer

Doug McKay - Chief Executive

 


Governing Body

14 November 2013

 

 


Governing Body

14 November 2013

 

 


Governing Body

14 November 2013

 

 

Auckland Council LOGO Small

 

 

 

 

 

Submission to

New Zealand Petroleum and Minerals,

Ministry of Business, Innovation and Employment

on

 

Block Offer 2014 – Proposal for Petroleum Exploration Permit Round

 

 

 

 

 

 

 

 

 

 

 

14 November 2013

Introduction

1.    This is the Auckland Council’s submission on the Block Offer 2014 consultation document: Proposal for Petroleum Exploration Permit Round. 

2.    This submission has been approved by the governing body of Auckland Council.

3.     Please direct any enquiries to Dr Roger Blakeley, Chief Planning Officer – phone 09 307 6063 or email roger.blakeley@aucklandcouncil.govt.nz

4.    Auckland Council thanks New Zealand Petroleum and Minerals (NZPM) for the opportunity to make a submission on the Block Offer 2014 proposals.  We appreciate that NZPM have chosen to consult local authorities although its statutory requirements are limited to consulting iwi and hapu. 

5.    Auckland Council is the unitary authority for Auckland, a region containing a third of New Zealand’s population.  Auckland has a significant amount of coastal marine area (CMA) (11,000 km2), which is highly valued by the region’s people and which the Auckland Council is responsible for managing under the Resource Management Act 1991.

6.    Auckland Council sought feedback from local iwi on a draft of this submission.  Responses were received from Te Rūnanga o Ngāti Whātua and Te Kawerau Iwi Tribal Authority.  They both supported the draft submission.

 

7.    It was not possible to gain input from Auckland’s local boards due to the local authority election coinciding with the Block Offer 2014 submission period.

General comments

8.    Auckland Council understands that there are potential oil and gas reservoirs within and adjacent to Auckland’s west coast CMA.  The offshore block offer areas in the Reinga Northland Basin, New Caledonia Basin and Offshore Taranaki Basin cover much of the EEZ and CMA to the west of our region.

 

9.    Exploration and production of these resources could bring significant economic benefits to Auckland, as it has done in Taranaki.  The Manukau and Kaipara harbours could become support bases for exploration activities off the west coast.

 

10.  There are, however, significant risks from offshore oil and gas exploration, particularly during well drilling operations.  While the likelihood is low, the consequence of any blowout from exploratory drilling activities could have significant adverse impacts on extensive areas of the EEZ and the coastal marine area.  Any blowout would have large and ongoing clean-up costs. Exploration activities also have lower level risks such as disturbance of seabed sediments, effects on marine mammals, and water quality impacts from discharges.

 

11.  It is important that the block offer areas be defined and managed so that the risks are avoided and minimised.

Key issues

12.  Auckland Council has three areas of concern regarding the Block Offer 2014 proposals:

1)   effects on Maui’s dolphins

2)   other environmental issues, particularly oil spill risks

3)   integration with council RMA processes

Effects on Maui’s dolphins

13.  The council’s key concern relates to the inclusion of Maui’s dolphin habitat within the block offer areas.  Maui’s dolphins are found along the length of Auckland’s west coast.  They are on the verge of extinction and it is estimated that there are only 55 dolphins remaining.  We cannot see how anything but full prudence will save this sub-species from extinction over the very long number of years it will require to rebuild its population to a viable size, possibly over 100 years.

 

14.  Setting the Reinga Northland and Offshore Taranaki Basin block offer areas’ eastern boundaries at around 6 nautical miles from shore has excluded future exploration activities from much of the Maui’s dolphin’s habitat.  We support this approach as being preferable to extending the block offer areas right to the shore. 

 

15.  We consider that the block offer boundaries are, however, too close to the land.  While Maui’s dolphins are generally found close to shore, it can be expected that the dolphins range further offshore to around the 100m depth contour. 

 

16.  Hector’s and Maui’s dolphins are one species and there is no reason to assume that their functional feeding and seasonal offshore movement behaviour and physiological limits of dive depth is any different.  There are multiple studies done in Canterbury which establish that this species utilises this depth range both physiologically and behaviourally and that part of their diet is benthic in nature.

 

17.  Many North Island studies are limited in the offshore range of observation, rather than in known dolphin distribution. There is no reason to expect that a Maui’s dolphin would be confined to near-shore areas, but they would be driven by depth-limited feeding grounds. In broad terms, if there was an easily observable density of dolphins, we would likely see a positively correlated overlap of dolphins and the wider fishery, since both are targeting the same prey in the case of some species.  With fewer dolphins, the probability of an encounter is much lower.  We believe that the 100m depth contour as a boundary for effects control is the rational answer for giving these dolphins the best opportunity for natural recovery. 

 

18.  We realise that there are issues with limiting activities to the 100m depth contour.  We propose a compromise position of the 12 nautical mile (nm) limit.  Although this area does not cover some of the 100m depth contour shelf further offshore from north of Taranaki to the Kaipara, it does have several attractive management features. It already represents the current limit of the West Coast North Island Marine Mammal Sanctuary (MMS), it is the territorial sea limit which allows for further controls to be implemented through regional coastal plans under the RMA and it is the set distance for large trawler restrictions.

 

19.  Maui's dolphins use echolocation to navigate, communicate and find their food.  High-frequency ultrasonic clicks reflect back to the dolphin any objects found in the water.  Seismic surveying has the potential to disrupt these behaviours.

 

20.  In November 2012 the Auckland Council submission to the Maui’s dolphin threat management plan review stated:

·    The offshore limit of the marine mammal sanctuary (MMS) should be 12 nautical miles along its full length and this should include a full ban on wide-scale oil and gas production and the drilling and seismic survey exploration for these.

 

·    For seismic surveys that are conducted within 20nm of the MMS boundary, the Director General of DOC should consider the EIA carefully as to the noise effects on Maui’s dolphins. The 2012 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations relies on use of a visual sighting distance of 1-1.5 km when the actual impact of the noise levels of seismic survey can have effects over a potential 20 nm radius.

 

21.  We wish to re-iterate these points in this submission on the block offer proposals.  The highly vulnerable status of these dolphins means extreme care should be taken in allowing any activities which may impact on their future viability.  A very small proportion of the total block offer area is between 6 and 12 nautical miles from land.  The council seeks that this area be excluded and the block offer area be moved so that it is at least 12 nautical miles from land.

 

22.  Any exploration activities should be required to adhere to the Department of Conservation’s 2012 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations.  Care should be taken regarding the effects of seismic surveys on dolphins within 20 nautical miles of the MMS.

Other environmental issues, particularly oil spill risks

23.  It is important that environmental concerns are taken into account in finalising the block offer areas and in assessing exploration proposals.  The environmental effects of exploration activities are principally managed under the RMA (by councils) or the EEZ Act (by the EPA).  Decisions made regarding the extent and location of exploration permits however, can limit the options open to the environmental agencies and applicants in subsequent exploration applications.  The block offer documents note that activities within certain areas can be subject to additional requirements and that capability to meet environmental requirements is taken into account in the tender process. 

 

24.  A blowout at an offshore exploratory drilling operation is of low likelihood but very high consequence in terms of environmental risks.  This is of significant concern to our community.  The Deepwater Horizons spill in the Gulf of Mexico in 2010 was an unforeseen event that has had ongoing issues for the surrounding water space and for coastlines that are over 60km from the site.

 

25.  We recognise that the same circumstances and geology do not apply in New Zealand but consider that there is a risk of a lower scale event occurring here that must be taken into account.  The Rena grounding has demonstrated the difficulties and costs in managing a large scale offshore oil spills.  NZPM must also ensure that the applicants’ technical capability to ensure well integrity is a high priority in assessing block offer tenders.

 

26.  The risks of a blowout are further justification for excluding exploration from the Maui’s dolphin habitat.  Oil spill risk assessment maps prepared by Maritime New Zealand were included in the Maui’s dolphin Threats Management Plan review discussion paper produced by DOC in 2012.  These showed that Auckland’s west coast and Kaipara Harbour had a risk level of four on a scale of one (low) to five (high).  This was based on existing petroleum and mineral mining permits rather than a projected expansion of mining. 

 

27.  Irrespective of the consideration of a major well blowout, exploration activities have potential for a wide range of less extreme environmental effects.  These include oil spills, sediment disturbance, dumping of waste, disruption to wildlife, discharges to air, discharges of drilling chemicals, and loss of natural character.

 

28.  Auckland’s west coast and harbours are a sensitive environment with many environmental values.  As noted above, Maui’s dolphin are found along the coast.  The Kaipara Harbour is nursery to an estimated 95% of West Coast (SNA8) snapper stock. The Kaipara and Manukau harbours are important for shellfish gathering and contain habitats for local and international shorebird species.  There are outstanding and high natural character values along the west coast and harbours. The west coast beaches are also important recreational assets for our communities and support the tourism industry.

 

29.  There is a direct relationship between environmental sensitivity and level of risk, with closer proximity to the coast resulting in a higher degree of risk.  Extreme care must be taken to avoid the indirect consequences of an oil spill or other contaminant release that travels and is transported to sensitive areas.

 

30.  We are looking for an increasing level of duty placed on activities the closer they are to sensitive areas along the coast.

Integration with council processes under the RMA

31.  The letter with the block offer proposal noted that the government would be interested to know how the council classifies petroleum exploration activities and whether there are any areas where activities such as exploration drilling are a restricted or prohibited activity.

 

32.  The recently notified draft Unitary Plan continues the approach of the operative Auckland Regional Plan: Coastal with regard to mineral exploration and extraction activities in the coastal marine area.  In terms of disturbance of the seabed under RMA section 12(1)(c), exploration is a permitted activity provided various size and area controls are met.  Well drilling activities would exceed these controls; meaning they are a restricted discretionary activity.  Oil and gas wells would be classified as a discretionary activity in terms of their construction and occupation by a structure and related discharges.  Such consents are generally ‘bundled’ together in RMA processes and so would be treated as a discretionary activity as a whole.  The relevant Unitary Plan provisions are included in attachment 1.

 

33.  As noted in the block offer proposals, there is some overlap in considerations under the RMA and Crown Minerals Act.  We seek ongoing integration and information sharing with iwi and councils so that processes can be aligned and any duplication or conflicting decisions minimised.  There is no benefit to an applicant if the block offer process allows them to undertake exploration in an area that a subsequent RMA process finds is too sensitive for such activities or which places onerous restrictions on operations.

Summary of changes sought

34.  Auckland Council seeks that the following changes be made to the Block Offer 2014 proposals:

 

a)   Amend the boundaries of the Reinga Northland Basin and Offshore Taranaki Basin block offer areas so that they are at least 12 nautical miles offshore.  This avoids a greater range of the Maui’s dolphin habitat.

 

b)   Ensure that exploration activities adhere to the Department of Conservation’s guidelines for minimising acoustic disturbance to marine mammals, including within 20 nautical miles of the Marine Mammal Sanctuary.

 

c)   In recognition of the sensitivity of potentially impacted areas, take action to ensure that risks of oil spills and other discharges are minimised, particularly in areas close to the coast.

 

d)   Continue to keep iwi and local authorities informed of the permitting process and where appropriate, share analysis and data between the Crown Minerals Act and Resource Management Act processes.

 

Attachment 1 Proposed Unitary Plan provisions relating to oil and gas exploration

Part 2, chapter D, section 5.1 General coastal marine zone objectives and policies

(Note that several other objectives and policies sections would be relevant to related activities such as construction of strucutres, discharges, depositing material etc)

 

5.1.5 Mineral extraction

 

Objective

 

1.   The extraction of minerals, sand, shingle, shell and other natural material occurs in a sustainable manner that does not have significant adverse effects on the CMA or near-shore environments.

 

Policies

 

1.   Provide for the sustainable extraction of minerals, sand, shingle, shell and other natural material from appropriate areas, having regard to the values of the area and the natural rate of sediment being deposited over sediment lost from the area where extraction is proposed.

 

2.   Adopt a precautionary approach to applications for extraction within the CMA, which may include using an adaptive management approach in terms of:

a. staging the operation

b. the location of the activity

c. the maximum volume of minerals, sand, shingle, shell and other natural material to be extracted

d. the term of consent

e. environmental monitoring.

 

3.   Require applications for mineral extraction to identify the significance of adverse effects, and the extent to which they can be avoided, remedied or mitigated, on:

a. marine and coastal vegetation

b. marine and coastal fauna, including feeding, spawning and migratory patterns, bird roosting and nesting, fish and shellfish

c. water quality, including from sediment, turbidity or contaminants

d. habitats of a rare or endangered species

e. dune stability and coastal erosion

f. changes to the bathymetry, foreshore contours, sediment particle size or physical coastal processes

g. the values of significant surf-breaks identified in Appendix 6.3

h. recreation and amenity values of the area

i. established lawful activities in the area

j. Mana Whenua values.

 

4.   Require applications for mineral extraction in the CMA to include the measures to manage any adverse effects, including remediation and mitigation measures

 

Part 3, chapter I, section 6 General coastal marine zone rules

Section 6.1 Activity tables (see the Proposed Unitary Plan for full wording)

 

Activity

Classification

Structures (construction and occupation)

Discretionary

Disturbance of foreshore and seabed by mineral exploration

Permitted (size controls)

Restricted discretionary (not meeting controls)

Discharges (various)

Permitted (small scale)

Discretionary (not meeting controls)

Disposal of waste from mineral exploration

Permitted

Dumping

Discretionary

Activities which do not meet a development control

Restricted discretionary

 

Section 6.2 Controls

 

2.1 Noise

 

1.   Interface with other zones:

a.   activities in the CMA must not exceed the levels specified in clause 1.2.1 of the Auckland-wide - Noise and vibration rules.

 

2.   Underwater noise from construction, dredging, mineral exploration and extraction (including seismic surveying):

a.   underwater activity must not exceed a noise level of 200 dB re 1μPa measured at 1m from the noise source.

b.   the noise limit above does not apply to:

i.    the operational requirements of vessels (including cargo vessels, tugs, passenger liners, naval vessels and commercial fishing vessels)

ii.   use of sonar

iii. temporary activities other than construction works (refer to the Auckland-wide - Temporary activities rules).

 

2.7 CMA disturbance related to scientific or engineering investigations and mineral prospecting, mineral exploration

 

1.   The disturbance must be limited to:

a.   removal of a maximum of 1m3 of uncompacted material, or 0.2m3 of compact material, in any 24-hour period

b.   any drilling device must be no larger than 250mm (head size)

c.   less than 5m3 of the foreshore or seabed must be disturbed.

 

2.   Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

 

2.15 Discharges

 

1.   General - All permitted activities:

a.   the discharge must not, after reasonable mixing, give rise to any or all of the following effects:

i.    the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials

ii.   any conspicuous change in the colour or visual clarity water in the CMA

iii.  any emission of objectionable odour

iv.  any significant adverse effects on aquatic life.

 

8.   Discharges into the CMA which are not covered by another rule in this Unitary Plan, and not covered by the Resource Management (Marine Pollution) Regulations 1998:

a.   the discharge must not contain human sewage or hazardous substances as defined by HSNO and any regulations made under s. 75 of that Act

b.   the discharge must not change the natural temperature of the receiving water, after reasonable mixing, by more than 3 degrees C

c.   the discharge must not involve any visible disturbance to the substrate of the CMA that cannot be remedied or restored within 48 hours in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA

d.   public access to and along the coast must not be restricted by the volume or movement of the discharge.

 

6.5. Assessment - Restricted discretionary activities and development control infringements

 

5.1 Matters of discretion

 

The council will restrict its discretion to the matters below for the restricted discretionary activities listed in the activity tables and for land and water use or development control infringements.

1. General - all activities: 

a.   construction or works methods, timing and hours of operation

b.   location, extent, design and materials

c.   effects on coastal processes, ecological values, water quality and natural character

d.   effects on public access, navigation and safety

e.   effects on existing uses and activities

f.    effects on Mana Whenua values

g.   consent duration and monitoring.  

 

2. Additional matters for:

c.   occupation of the CMCA:

i.    location, extent, timing and duration of the occupation

d.   CMA structures:

i.    effects on views and visual amenity

 

5.2 Assessment criteria

 

1.   General - all activities:

a.   construction or works methods, timing and hours of operation:

i.    construction or works methods should avoid, remedy or mitigate adverse effects, particularly on water quality and sedimentation

ii.   construction or works should be done at a time that will avoid or minimise, adverse effects on marine mammals, bird roosting, nesting and feeding, and recreational users of the CMA

iii.  construction or works hours of operation should be limited to minimise effects of noise and disruption on existing activities, and on nearby residential and open space areas.

b.   location, extent, design and materials:

i.    the work should be located and designed to avoid, remedy or mitigate adverse effects on the environment

ii.   the form, intensity and scale of works, structures and buildings should be sensitive to the marine environment and surrounding adjoining spaces.

iii.  works and structures should ensure efficient use of the CMA is made by using the minimum area necessary for their purpose.

iv.  the materials used should be compatible with the surrounding coastal environment, and where practicable be consistent with the natural materials at the site. This should take into account the physical characteristics of the materials used, including texture, colour, composition, grain size, level of contamination and potential for leaching.

c.   effects on coastal processes, ecological values, water quality and natural character:

i.    measures should be taken to avoid, remedy or mitigate adverse effects on coastal processes, ecological values, water quality and natural character.

d.   effects on public access, navigation and safety:

i.    effects on existing public access arrangements should be avoided by minimising the extent and duration of work and by providing alternative access routes where practicable.

ii.   the proposed activity or development should not adversely affect navigation and safety.

iii.  effects on vessel access and berthage should be avoided, remedied or mitigated.

iv.  where possible, the layout of structures and activities should enhance public access, including pedestrian access, to the coastline and particularly to any areas of public open space.

v.   any loss of public access to, along and within the CMA should be mitigated, including through provision of facilities such as public boat ramps, lookout platforms, and alternative access.

e.   effects on existing uses and activities:

i.    proposals should avoid, remedy or mitigate adverse effects on existing activities as far as practicable, taking into account both activities in the CMA and on adjacent land.

ii.   activities should avoid, remedy or mitigate adverse effects on the amenity of adjacent residential and open space zoned land.

f.    effects on Mana Whenua values:

i.    the proposal should include an assessment of the cultural impact to Mana Whenua (Note: Chapter G General Provisions Treaty of Waitangi 2. General Rules and Special Information Requirements of the Unitary Plan provides guidance on this matter).

g.   consent duration and monitoring:

i.    consent duration should be limited to the minimum duration necessary for the functional or operational needs of the activity.

ii.   consent duration may be limited to allow an adaptive management approach.

iii.  monitoring may be required in order to demonstrate the extent and type of environmental effects of the activity, and the degree to which the effects are remedied or mitigated during and after the activity

 

6.   Noise:

a.   management of noise emissions from activities in the CMA should take into account:

i.    the adverse effects on the health, well-being, and amenity values of the people who reside in or use the area

ii.   the health and well-being of coastal and marine fauna from the noise associated with the proposal

iii.  the extent to which the noise may add to a cumulative noise effect, taking into account the existing noise generated at or near the site

iv.  the practicability of being able to control the noise levels

v.   the extent to which any social and economic benefits to the community offset the impact of noise associated with the application

vi.  the extent to which the effects of the noise will be mitigated.

 

 


Governing Body

14 November 2013

 

 

Appointments to Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party and the Parakai Recreation Reserve Board

 

File No.: CP2013/25335

 

  

 

Purpose

1.       To re-establish and make appointments to Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party.

2.       To make appointments to the Parakai Recreation Reserve Board.

Executive Summary

3.       The iwi of Tāmaki Makaurau are involved in negotiations with the Crown on individual and/or collective Treaty of Waitangi settlements.  The council is not part of the treaty settlement negotiations, and only Crown land is offered as part of the settlements.

4.       However, much of the land offered for settlements is operated by the council for community purposes, particularly parks.  Therefore council officers are in regular contact with the Office of Treaty Settlements to provide information for due diligence processes, and to consider future co-management or co-governance arrangements arising out of the settlements.

5.       Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party was established in the previous term of the Governing Body.  Initially its purpose was to help progress the proposed co-governance arrangements with the Tamaki Collective with respect to the settlement involving maunga (volcanic cones) in Auckland.  Later the working party’s brief was extended to assist with all treaty settlements.

6.       The Parakai Recreation Reserve Board was established by the Ngāti Whātua o Kaipara Claims Settlement Act 2013.  The Auckland Council appoints three members.  In the previous term the Governing Body appointed one councillor and two Rodney Local Board members.

 

Recommendation/s

That the Governing Body:

a)      confirm the Terms of Reference of Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party as contained in Attachment A to the agenda report.

b)      appoint six councilors to the Working Party.

c)      re-appoint Councillor Penny Webster, as the Rodney Ward Councillor, to the Parakai Recreation Reserve Board for a term of three years and delegate the appointment of the two remaining Auckland Council members to the Rodney Local Board.

 

 

Discussion

 

Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party

7.       There is an increasing level of activity in treaty settlements where it is very helpful to have political guidance to officers leading up to decisions required by the Governing Body.


 

8.       The Terms of Reference of the working party provide for Governing Body and Local Board involvement where a treaty matter resides over a local or regional park and reserve.  The working party had the discretion to invite local board representatives, Council Controlled Organisation (CCO) representatives and/or ward councillors of affected areas to participate in deliberations.

9.       The “Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill” is due to be reported back to Parliament by the Select Committee by 31 January 2014.  This Bill legislates for the settlement with the Tamaki Collective (involving 13 iwi) with respect to12 maunga plus three further munga that are subject to specific conditions.  A Maunga Authority will be established for the Tamaki Collective and the council to co-govern the affected maunga.  It will be necessary to appoint six council representatives to the Maunga Authority in February/March 2014, but in the meantime the political working party can have oversight of the work being undertaken by officers with the Tamaki Collective towards the establishment of the Maunga Authority.

10.     The Terms of Reference of Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party are contained in Attachment A. 

11.     The previous members of the working party were: Ann Hartley, Penny Hulse, Penny Webster, Mike Lee, Richard Northey, Dick Quax with the mayor as ex officio.

12.     The Governing Body is asked to confirm the Terms of Reference and appoint six councillors to the working party.

Parakai Recreation Reserve Board

13.     The Ngāti Whātua o Kaipara Claims Settlement Act 2013 came into force in June 2013.  That Act vested the Parakai Recreation Reserve in the Parakai Recreation Reserve Board, which was established by the Act.

14.     The board consists of six members (though can consist of eight members by agreement), half of whom are appointed by the Auckland Council.  The maximum term of office of members is three years. 

15.     The current appointments commenced in June 2013 and will run on until replacements are made.  These appointments were Councillor Penny Webster, being the Rodney Ward Councillor, and two Rodney Local Board members Tracey Martin and Brenda Steele.  Tracey Martin is no longer a member of the local board. 

16.     The Governing Body is asked to reappoint Councillor Penny Webster for a further term of three years and delegate the appointment of two Rodney Local Board members to the Rodney Local Board.

Consideration

Local Board Views

17.     As regards Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party, its proposed Terms of Reference provide for liaison with local boards in whose areas settlement arrangements are being implemented.

18.     As regards the Parakai Recreation Reserve Board, the Governing Body has acknowledged that the work of the board is of local significance and has ensured representation of the local board in the appointment of Reserve Board members.


 

Maori Impact Statement

19.     The process of negotiating treaty settlements has been a significant focus for iwi in Tāmaki Makaurau in recent years.  Although not party to the settlement negotiations, the council will have an increasing involvement in their implementation.  In addition to the ongoing positive outcomes arising out of the settlement for iwi, the settlements also provide an opportunity for the council to build strong productive relationships with mana whenua groups in Auckland.

Implementation Issues

20.     The Rodney Local Board is meeting on 18 November 2013 and will be able to make its two appointments to the Parakai Recreation Reserve Board at that meeting.

 

Attachments

No.

Title

Page

a

Terms of Reference of Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party

33

     

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite  Delbet - Manager Democracy Services

Grant Taylor - Governance Director

Doug McKay - Chief Executive

 


Governing Body

14 November 2013

 

 

Terms of Reference

 

Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party

 

Reporting

 

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party is accountable to the Governing Body and reports its findings to the Governing Body.

 

Purpose

 

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

 

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party will:

·      Consider and make recommendations on the Council’s position in relation to Te Tiriti o Waitangi / Treaty of Waitangi settlements and related matters

·      Consider and make recommendations on matters relating to the establishment and on-going implementation of co-managements and other governance arrangements

·      Liaise with local boards in whose areas Te Tiriti o Waitangi / Treaty of Waitangi settlement arrangements are being implemented, or being considered

·      Liaise with Mana Whenua representatives

·      Liaise with the Independent Maori Statutory Board

·      Liaise with CCO’s on Te Tiriti o Waitangi / Treaty of Waitangi settlement matters

·      Liaise with relevant Mana Whenua and Iwi Authorities affected by each Treaty settlement

 

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party will have the discretion to invite Ward Councillors, CCO representatives and Local Board representatives of affected areas to participate in its deliberations.

 

Membership

 

Councillors:

 

Ex-officio:                                Mayor

 

Quorum:                                  3

 

Frequency of meetings:            Bi-monthly (on the understanding a meeting will be cancelled if not needed and additional meetings will be called if required)

 

 


Governing Body

14 November 2013

 

 

Meeting Schedule - 2014

 

File No.: CP2013/25340

 

  

 

Purpose

1.       To adopt a schedule of meetings for 2014.

Executive Summary

2.       A meeting schedule for 2014 is being finalised and will be circulated prior to the meeting.

3.       The body of the report discusses the approach used when scheduling the meetings.

 

Recommendation/s

That the Governing Body:

a)      adopt the schedule of meetings for 2014 as contained in Attachment A to the agenda report (circulated separately to councillors prior to the meeting).

b)      authorise the Manager Democracy Services to amend the schedule, if required, in consultation with the chair of any affected committee, and subject to the Mayor’s or Deputy Mayor’s approval if a formal meeting has to be held on a Monday or Friday.

 

 

Discussion

4.       At the Governing Body meeting on 29 October 2013, His Worship the Mayor presented his committee structure for this term of the Governing Body.  His report stated that the formal business of the Governing Body should be confined to Tuesdays to Thursdays each week and that provision should be made for a one week recess in each of the three school holiday breaks. A twelve-month schedule is being developed which complies with these requirements. 

5.       In order to ensure the schedule is as correct as possible, it is being checked and will be circulated to councillors prior to the meeting.  Experience in the past is that minor amendments to the schedule are inevitable.  Therefore the Governing Body is asked to authorise the Manager Democracy Services to amend the schedule in consultation with the chair of any affected committee, subject to the mayor’s or deputy mayor’s approval if any formal meeting has to be held on a Monday or Friday.

6.       The general scheme for each month is to hold committees of the whole on Thursdays, with the Governing Body meeting falling on the final Thursday of the month.

7.       The six Reporting Committees are held on Wednesdays on a six-weekly cycle.  If an event, such as a holiday or Annual Plan hearing, falls on a Wednesday, the affected Reporting Committee meeting is moved to the following week, rather than cancelled, with subsequent Reporting Committee meetings moving one week later.  If an event falls on the day of a meeting of a Committee of the Whole, the Committee of the Whole is moved to Wednesday and the Reporting Committees moved a week later.  This avoids the cancellation of a meeting of a committee of the whole or of a Reporting Committee.

8.       Consideration of the 2014/15 Annual Plan is shown.  Later in the year there will need to be additional meetings for the upcoming LTP.  These have not yet been finalised.

9.       During the year, additional meetings will be required for other processes, such as hearings panels for by-law submissions.  Dates for these meetings are determined in consultation with the members of those panels once they are appointed.

10.     Informal quarterly joint meetings have been held in the past – with the Independent Maori Statutory Board and with Local Board chairs.  These are yet to be finalised.  

Consideration

Local Board Views

11.     Local Board views have not been sought.

Maori Impact Statement

12.     The meeting schedule impacts on the Independent Maori Statutory Board, whose appointees attend committee meetings.  A preference in the past has been for committee meetings to avoid Fridays.  The schedule achieves this.  There has also been a preference in the past to hold the joint meetings on Mondays.  Discussions around appropriate days for the joint meetings are currently being held.

 

Attachments

There are no attachments for this report.    

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite  Delbet - Manager Democracy Services

Grant Taylor - Governance Director

Doug McKay - Chief Executive

 


Governing Body

14 November 2013

 

 

Governing Body decision-making during the 2013/2014 Christmas recess period

 

File No.: CP2013/25410

 

  

 

Purpose

1.       To recommend that the Governing Body establish an urgent decision process for political decision-making over the 2013/2014 Christmas recess period.

Executive Summary

2.       Council needs to be prepared for unforeseen circumstances, be able to meet customer service standards and respond to any statutory requirements over the Christmas recess period.

3.       This report recommends that the Governing Body delegate to any two of either the Mayor, Deputy Mayor and any Chairperson of a Committee of the Whole, the power to make, on behalf of the Governing Body, urgent decisions that may be needed over this period.

 

Recommendation/s

That the Governing Body:

a)      delegate to any two of either the Mayor or Deputy Mayor and any Chairperson of a Committee of the Whole, the power to make, on behalf of the Governing Body, urgent decisions that may be needed between the last scheduled Governing Body meeting in December 2013 and the first meeting of the Governing Body or its committees in 2014.

b)      agree that if a matter of major significance arises during the 2013/2014 Christmas recess period, an extraordinary meeting of the Governing Body will be called.

 

 

Discussion

4.       Part 6 of the Local Government Act sets out the obligations of local authorities in relation to decision-making. Council needs to be able to make urgent decisions during the Christmas recess period and this is simply a procedural decision to enable efficient decision-making to occur. Existing delegations will remain in place for all non-urgent decisions.

5.       The Christmas recess period starts from the last Governing Body meeting in December 2013 to the first scheduled meeting of the Governing Body (or its committees), in 2014.

6.       Any decision to be made under this delegation will be advised to decision-makers via the Chief Executive or his delegate, who will supply the necessary background and reasons for urgency. The decision will also be reported to the next ordinary meeting of the Governing Body or relevant committee.

7.       If the matter is of major significance, an extraordinary meeting of the Governing Body will be called.

8.       The Governing Body has made this delegation for the previous three years.


Consideration

Local Board Views

9.       No Local Board views are required.

Maori Impact Statement

10.     Not applicable.

General

11.     Not applicable.

Implementation Issues

12.     Democracy Services will administer this process.

 

Attachments

There are no attachments for this report.    

Signatories

Author

Jason Marris - Manager Governance Support

Authorisers

Marguerite  Delbet - Manager Democracy Services

Grant Taylor - Governance Director

Doug McKay - Chief Executive

 


Governing Body

14 November 2013

 

 

Membership of Committees

 

File No.: CP2013/25793

 

  

 

Purpose

1.       To appoint members to committees.

Executive Summary

2.       At the Governing Body meeting on 29 October, His Worship the Mayor reported his committee structure and chairpersons.

3.       A workshop is being held with councillors on 5 November 2013, to discuss committee membership.

4.       A supplementary report will be tabled at this meeting as a result of that workshop, containing proposals for committee membership.

 

Recommendation/s

That the Governing Body:

a)      receive and consider the supplementary report.

 

 

Attachments

There are no attachments for this report.    

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite  Delbet - Manager Democracy Services

Grant Taylor - Governance Director

Doug McKay - Chief Executive

       

 


Governing Body

14 November 2013

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

That the Governing Body:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

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) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

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 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       Special Housing Areas - General Matters

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(g) - The withholding of the information is necessary to maintain legal professional privilege.

In particular, the report is subject to legal privilege as it is based on legal advice.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C2       Approval of Special Housing Areas - Second Tranche

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains commercial sensitivities.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

C3       Recommended Candidates for Proposed Auckland Unitary Plan Hearings Panel

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

s7(2)(b)(i) - The withholding of the information is necessary to protect information where the making available of the information would disclose a trade secret.

In particular, the report contains the names of candidates who are on a short list for consideration by the Minister for the Environment and the Minister of Conservation for recruitment to the Hearings Panel. The ministers need to make the appointments and their officials conclude contractural arrangements before names of the members of the Panel can be released.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.