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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 29 May 2014

9.30am

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 Christine Fletcher, QSO

 

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

(Quorum 11 members)

 

 

 

Elaine Stephenson

Democracy Advisor

 

26 May 2014

 

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

29 May 2014

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Affirmation                                                                                                                      5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Acknowledgements and Achievements                                                                      5

6          Petitions                                                                                                                          5  

7          Public Input                                                                                                                    5

8          Local Board Input                                                                                                          5

9          Extraordinary Business                                                                                                5

10        Notices of Motion                                                                                                          6

11        Statement of Proposal for proposed Trading and Events in Public Places Bylaw 2014 - Recommendations from the 20 May 2014 Regulatory and Bylaws Committee     7

12        Wind-up of  the Safer Papakura Trust                                                                    119

13        Terms of Reference for Committees - Parks, Recreation and Sport Committee 145  

14        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

15        Procedural Motion to Exclude the Public                                                               149

C1       Appointment of local board members to the Tūpuna Maunga o Tāmaki Makaurau Authority                                                                                                                     149  

 


1          Affirmation

 

The Deputy Mayor will read the affirmation.

 

2          Apologies

 

Apologies from Cr C Darby and Mayor LCM Brown 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          Confirmation of Minutes

 

That the Governing Body:

a)         confirm the minutes of its meetings, held on Thursday 27 March, Thursday 1 May and Thursday, 8 May 2014, including the confidential sections, as true and correct records.

 

 

5          Acknowledgements and Achievements

 

 

 

6          Petitions

 

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

 

7          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.

 

8          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.


 

9          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.”

 

10        Notices of Motion

 

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

 


Governing Body

29 May 2014

 

 

Statement of Proposal for proposed Trading and Events in Public Places Bylaw 2014 - Recommendations from the 20 May 2014 Regulatory and Bylaws Committee

 

File No.: CP2014/10452

 

  

 

Purpose

1.       To adopt the Statement of Proposal for proposed Trading and Events in Public Places Bylaw 2014 (including a Summary of Information, the proposed trading and events in public places bylaw and a revocation of the legacy trading in public places bylaws) for consultation using the special consultative procedure.

Executive summary

2.       At its 20 May 2014 meeting, the Regulatory and Bylaws Committee considered advice that a bylaw is the most appropriate way to manage trading and events in public places. The committee also agreed that a statement of proposal should be adopted, with a proposed bylaw, for public consultation which will be undertaken in mid-2014. The original report to the Regulatory and Bylaws Committee is appended as Attachment A.

3.       The committee agreed to make a minor amendment to the draft bylaw that was presented at the meeting clarifying the proposal’s alignment with other council policies and plans.

4.       On 20 May 2014, the Regulatory and Bylaws Committee resolved to recommend to the governing body of Auckland Council as follows :

Resolution number RBC/2014/20

MOVED by Deputy Chairperson DA Krum, seconded by Cr WB Cashmore:  

That the Regulatory and Bylaws Committee:

a)         recommend to the governing body of Auckland Council that it resolves (i) to (vii) as follows:

i)          that pursuant to section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing the issues relating to the following activities:

i)           markets and stalls;

ii)          mobile shops;

iii)         outdoor dining areas;

iv)         fundraising;

v)         offering commercial services;

vi)         distributing promotional material and / or goods;

vii)        street performances / busking and pavement artists

viii)events and filming in public places

ix)         trading activities in parks and reserves.

ii)         that pursuant to section 155(2)(a) of the Local Government Act 2002, the proposed trading and events in public places bylaw (Attachment C) is the most appropriate form of bylaw to address problems related to trading and events in public places identified as in scope;

iii)         that pursuant to section 155(2)(b) and section 155(3) of the Local Government Act 2002, the proposed trading and events in public places bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990;

iv)        that pursuant to section 62 of the Local Government (Auckland Transitional Provisions) Act 2010, the Auckland Council proposes to revoke those clauses of the existing eight legacy bylaws that deal with the issues of trading and events in public places (and replace them with a new region-wide bylaw on trading and events in public places);

v)         that pursuant to sections 145, 146 and 149 of the Local Government Act 2002, the proposed trading and events in public places bylaw is for the purposes of:

i)           regulating trading activities and the conduct of persons selling or offering goods or services in public places by requiring approval from the council, Auckland Transport or other council controlled organisation;

ii)          regulating events and filming in roads and other public places by requiring operators to obtain an approval;

iii)         setting general and specific conditions for trading and events in public places to ensure that appropriate standards of health and safety, pedestrian and vehicle access and visual amenity are maintained;

iv)         prescribing for fees in respect of any approval obtained for undertaking any trading activity or events in a public place.

vi)        that pursuant to sections 83 and 86 of the Local Government Act 2002, Attachment  A: Statement of Proposal be adopted for public consultation (noting that portions of this Statement of Proposal relate to Auckland Transport and that decisions relating to those portions will be made by Auckland Transport’s board);

vii)       that the Manager, Policies and Bylaws be authorised to make any minor edits or amendments to the Statement of Proposal to correct any identified errors or typographical edits or to reflect decisions made by the Regulatory and Bylaws Committee or the Governing Body.

 

Recommendations

That the Governing Body:

a)      agree that pursuant to section 155(1) of the Local Government Act 2002, a bylaw is the most appropriate way of addressing the issues relating to the following activities:

i)        markets and stalls;

ii)       mobile shops;

iii)      outdoor dining areas;

iv)      fundraising;

v)      offering commercial services;

vi)      distributing promotional material and / or goods;

vii)     street performances / busking and pavement artists

viii)    events and filming in public places

ix)      trading activities in parks and reserves.

b)      agree that pursuant to section 155(2)(a) of the Local Government Act 2002, the proposed trading and events in public places bylaw (Attachment C) is the most appropriate form of bylaw to address problems related to trading and events in public places identified as in scope.

c)      agree that pursuant to section 155(2)(b) and section 155(3) of the Local Government Act 2002, the proposed trading and events in public places bylaw is not inconsistent with the New Zealand Bill of Rights Act 1990.

d)      agree that pursuant to section 62 of the Local Government (Auckland Transitional Provisions) Act 2010, the Auckland Council proposes to revoke those clauses of the existing eight legacy bylaws that deal with the issues of trading and events in public places (and replace them with a new region-wide bylaw on trading and events in public places).

e)      agree that pursuant to sections 145, 146 and 149 of the Local Government Act 2002, the proposed trading and events in public places bylaw is for the purposes of:

i)        regulating trading activities and the conduct of persons selling or offering goods or services in public places by requiring approval from the council, Auckland Transport or other council controlled organisation;

ii)       regulating events and filming in roads and other public places by requiring operators to obtain an approval;

iii)      setting general and specific conditions for trading and events in public places to ensure that appropriate standards of health and safety, pedestrian and vehicle access and visual amenity are maintained;

iv)      prescribing for fees in respect of any approval obtained for undertaking any trading activity or events in a public place.

f)       agree that pursuant to sections 83 and 86 of the Local Government Act 2002, Attachment  B: Statement of Proposal be adopted for public consultation (noting that portions of this Statement of Proposal relate to Auckland Transport and that decisions relating to those portions will be made by Auckland Transport’s board).

g)      authorise the Manager, Policies and Bylaws to make any minor edits or amendments to the Statement of Proposal to correct any identified errors or typographical edits or to reflect decisions made by the Regulatory and Bylaws Committee or the Governing Body.

 

Attachments

No.

Title

Page

aView

Statement of Proposal for proposed Trading and Events in Public Places Bylaw 2014 - Regulatory & Bylaws Committee report

11

bView

Statement of Proposal for Trading and Events Bylaw in Public Places

23

cView

Local Board Feedback

95

dView

Auckland Council proposed Trading and Events in Public Places Bylaw

99

      

Signatories

Author

Rebekah Stuart-Wilson - Principal Policy Analyst - Planning, Policies & Bylaws.

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Roger Blakeley - Chief Planning Officer

Stephen Town - Chief Executive

 


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Governing Body

29 May 2014

 

 

Wind-up of  the Safer Papakura Trust

 

File No.: CP2014/10598

 

  

 

 

Purpose

1.       To provide written consent to the Safer Papakura Trust Board to wind up the Safer Papakura Trust (SPT).

Executive summary

2.       The SPT Board (the Board) and management have worked tirelessly since September 2013 with Auckland Council, the Papakura Local Board and Audit New Zealand to find new and increased revenue-streams and reduce its expenditure to ensure a satisfactory budget for the 2014-2015 financial year.  However, following a thorough financial review and rationalisation of all operational areas, the Board is still left with a significant deficit in its revenue stream.  The SPT Board, in accordance with the SPT trust deed, has resolved to request written consent from Auckland Council to wind up the trust. 

 

Recommendation/s

That the Governing Body:

a)      provide written consent to the Safer Papakura Trust to wind up the Trust Board.

b)      acknowledge the services that the Trust has provided to the Papakura district during the life of this legacy council controlled organisation.

 

Comments

 

Background

 

3.       SPT is a Legacy CCO of Auckland Council and was set up under the Papakura District Council.  The primary objective of SPT being to enhance and beautify the Papakura District by addressing graffiti vandalism and secondary objective being the promotion of community safety and patrols in specified areas, such as the Town Centre. 

Auckland Council’s Graffiti Vandalism Prevention Plan

4.       At amalgamation, Auckland Council inherited nine graffiti prevention contracts across the Auckland region, valued at approximately $4.6m per annum in total.   Most of the suppliers delivered graffiti eradication services, others also delivered education activities and one provided an enforcement service.  While the suppliers were performing well overall, significant benefits were anticipated from taking an integrated approach to graffiti prevention and management. 

5.       The Regional Development and Operations Committee (RDOC) adopted the Auckland Graffiti Vandalism Prevention Plan (the Plan) in March 2012.   Following the regional procurement approach for graffiti management services, the Manukau Beautification Charitable Trust was successful in securing the eradication contract for south Auckland. 

6.       While unsuccessful in the graffiti management tender, SPT was able to secure continuation of funding for security patrol services at Papakura Railway Station and its town centre ambassador programme funded through the Papakura Local Board. 


 

7.       Following a review of SPT’s financial position, the General Manager tendered his resignation, some assets were sold and other external service costs reduced. New contracts with local schools and some businesses were also secured, although the labour costs (hourly rate) for servicing the local contracts were not of significant enough value to meet the revenue shortfall.  

­Audit NZ

 

8.       Despite a considered effort by the board and management, Auckland Council was advised by Audit NZ in September 2013, that an issue of “going concern” had been highlighted in the 2012-2013 SPT Annual Accounts.    The Papakura Local Board was advised as funders and Community Development, Arts and Culture groups, regarding contract information.

9.       Collaborative work by Audit NZ, Auckland Council and SPT Board and management has continued since September 2013 on the financial and operational areas of the trust. 

10.     After considerable deliberation, SPT has acknowledged that a revenue shortfall of approximately $60,000 per year is required to ensure that the entity remains viable going forward.  Given the current contracts could not be increased to fill the shortfall required for the 2014-2015 year, the trust has resolved to wind-up the trust by 30 June 2014. 

11.     By taking a responsive and affirmative approach, it is expected that SPT will be able to ensure that all HR, contractual, legal and financial obligations can be fully satisfied in accordance with the trust deed and all other statutory requirements.

12.     Auckland Council staff and Audit NZ will work with SPT to assist with the completion of the 30 June 2013 financial statements and finalisation of details relating to the winding-up process.

Local board views and implications

13.     Papakura Local Board provides funding through its budget for the safety patrol services provided by SPT.  The board has been liaising closely with the SPT board and providing support throughout the changes to contracts and the process of winding-up the trust.

Māori impact statement

14.     The board has notified local iwi through the Papakura Marae and Māori Warden networks. 

Implementation

15.     Auckland council staff with financial, legal and governance experience are providing support to SPT and are working closely with a team from Audit New Zealand to ensure that the wind-up processes are completed and satisfy all statutory and legal requirements.

 

Attachments

No.

Title

Page

aView

Request for Written Consent

121

bView

Safer Papakura Trust Deed

123

     

Signatories

Author

Josie Meuli - Advisor

Authorisers

Mark Butcher - Treasurer

Stephen Town - Chief Executive

 


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29 May 2014

 

 


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Governing Body

29 May 2014

 

 

Terms of Reference for Committees - Parks, Recreation and Sport Committee

 

File No.: CP2014/09685

 

  

 

 

Purpose

1.       To amend the terms of reference of the Parks, Recreation and Sport Committee to increase the committee’s discretion to approve land purchases and thus avoid duplication of reporting.

Executive summary

2.       The terms of reference for committees, which reflected the Mayor’s committee structure, was reported to the Governing Body in November 2013. 

3.       One of the goals in these terms of reference was to increase the decision-making of the reporting committees when compared to the former forums in order to reduce multiple reporting where a matter would be presented to a forum first for comment, then reported to a committee of the whole for decision.

4.       The provision of open space is one of the Parks, Recreation and Sport Committee’s areas of activity. However, the current terms of reference specifically refer to acquisition of property as responsibilities of the Finance and Performance Committee and Regional Strategy and Policy Committee only.  To avoid double-reporting and for the guidance of staff preparing reports, it is desirable to specifically refer to approval of land purchase for parks purposes as a responsibility of the Parks, Recreation and Sport Committee.

5.       Timeframes around negotiations can be tight.  It is desirable that the approval limit for land purchase is high enough to mean that the approval process is efficient and does not require double-reporting.  The recommended limit is $5 million.  Amounts above this will be approved by the Regional Strategy and Policy Committee on the recommendation of the Parks, Recreation and Sport Committee.

6.       Attachment A contains revised terms of reference that address these points.

 

Recommendation/s

That the Governing Body:

a)      amend the Terms of Reference for the Parks, Recreation and Sport Committee to reflect the ability to approve land purchases for parks purposes to a limit of $5 million, as in Attachment A to the agenda report.

 

 

 

Consideration

Local board views and implications

7.       This is a governing body committee procedural matter and does not affect Local Boards.

Māori impact statement

8.       This is a governing body committee procedural matter and does not affect the Māori community.

Implementation

9.       The amended terms of reference would come into effect immediately.

 

Attachments

No.

Title

Page

aView

Terms of Reference for the Parks, Recreation and Sport Committee

147

     

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Jason Marris - Manager Governance Support

Grant Taylor - Governance Director

Stephen Town - Chief Executive

 


Governing Body

29 May 2014

 

 

PARKS, RECREATION AND SPORT COMMITTEE

Terms of Reference (Delegations)

Parent committee:      Regional Strategy and Policy Committee

Areas of Activity

·     Provision of regional facilities and open space

·     Regional frameworks for local facility and open space provision

·     Encouraging healthy lifestyles through participation in sport and recreation sectors

·     Facilitating partnerships and collaborative funding models across the sport and recreation sectors

·     Performing the delegation made by the Governing Body to the former Parks, Recreation and Heritage Forum,  under resolution GB/2012/157 in relation to the Dog Policy

Responsibilities

Within the specified area of activity the Committee is responsible for:

·        In accordance with the work programme agreed with the parent committee, developing strategy and policy, including any agreed community consultation, to recommend to the Regional Strategy and Policy Committee

·        Acting as a community interface for consultation on policies and as a forum for raising community concerns, while ensuring community engagement is complementary to that undertaken by local boards

·        Approving proposals for land purchases for purposes within the Committee’s Areas of Activity

·        Making decisions within delegated powers

Powers

All powers necessary to perform the Committee’s responsibilities

Except:

(a)       powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b)       where the Committee’s responsibility is limited to making a recommendation only

(c)        where a matter is the responsibility of another committee or a local board

(d)       the approval of expenditure that is not contained within approved budgets

(e)       the approval of expenditure of more than $2 million  other than for land purchases which shall have a limit of $5 million

(f)         the approval of final policy

(g)       deciding significant matters for which there is high public interest and which are controversial

(h)       the commissioning of reports on new policy where that policy programme of work has not been approved by the Regional Strategy and Policy Committee

     

 


Governing Body

29 May 2014

 

 

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       Appointment of local board members to the Tūpuna Maunga o Tāmaki Makaurau Authority

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.

In particular, the report contains the names of possible appointees to the Maunga Authority.

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.