I hereby give notice that an ordinary meeting of the Waitākere Ranges Local Board will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 22 May 2014

6.30pm

Waitakere Ranges Local Board Office
39 Glenmall Place
Glen Eden

 

Waitākere Ranges Local Board

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Sandra Coney, QSO

 

Deputy Chairperson

Denise Yates, JP

 

Members

Neil Henderson

 

 

Greg Presland

 

 

Steve Tollestrup

 

 

Saffron Toms

 

 

(Quorum 3 members)

 

 

 

Glenn Boyd

(Relationship Manager)

Local Board Services (West)

 

Riya Seth

Democracy Advisor

 

16 May 2014

 

Contact Telephone: (09) 839 3512

Email: riya.seth@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 


 

 

 


Waitākere Ranges Local Board

22 May 2014

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               6

5          Leave of Absence                                                                                                          6

6          Acknowledgements                                                                                                       6

7          Update from Ward Councillors                                                                                    6

8          Deputations                                                                                                                    6

8.1     Sport Waitakere                                                                                                    6

8.2     Zeal Education Trust                                                                                           7

9          Public Forum                                                                                                                  7

10        Extraordinary Business                                                                                                7

11        Notices of Motion                                                                                                          8

12        Waitakere Ranges Local Board Community Group Funding, Applications for Round Two, 2013/2014                                                                                                                        9

13        Quarterly Performance report March 2014                                                               13

14        Bylaw review programme update - April 2014                                                         89

15        Submissions made under delegated authority - Local Board Funding Policy and CCO Review                                                                                                                         107  

16        Consideration of Extraordinary Items 

 

 


1          Welcome

 

 

2          Apologies

 

At the close of the agenda no apologies had 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.

Specifically members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.

At its meeting on 28 November 2013, the Waitakere Ranges Local Board resolved (resolution number WTK/2010/5) to record any possible conflicts of interest in a register. 

            Register

Board Member

Organisation / Position

Sandra Coney

·       Waitemata District Health Board – Elected Member

·       Friends of Arataki Incorporated – Trustee

·       Women’s Health Action Trust – Patron

Neil Henderson

·       Portage Trust – Elected Member

·       Friends of Arataki Incorporated – Trustee

·       West Auckland Trust Services (WATS) Board – Trustee/Director

·       Weedfree Trust – Employee

·       Living Cell Technologies Animal Ethics Committee - Member

Greg Presland

·       Portage Trust – Elected Member

·       Lopdell House Development Trust Trustee

·       Titirangi Residents & Ratepayers Group Treasurer

Steve Tollestrup

·       Waitakere Licensing Trust – Elected Member

·       Community Waitakere – Trustee

·       West Auckland Trust Services (WATS) Board – Trustee/Director

·       Henderson Valley Residents Association – Committee Member

Saffron Toms

No current conflicts of interest

Denise Yates

·       Ecomatters Environment Trust – Deputy Chair

·       Keep Waitakere Beautiful Trust Board Member

·       Huia-Cornwallis Ratepayers & Residents Association – Co-chairperson

·       Charlotte Museum Trust – Trustee

4          Confirmation of Minutes

 

That the Waitākere Ranges Local Board:

a)         Confirms the ordinary minutes of its meeting, held on Thursday, 8 May 2014, including the confidential section, as a true and correct record.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Update from Ward Councillors

 

An opportunity is provided for the Waitakere Ward Councillors to update the board on regional issues they have been involved with since the last meeting.

 

8          Deputations

 

8.1       Sport Waitakere

Purpose

1.       The purpose of this deputation is to inform and get support from the Local Board of the intended sport partnership at Parrs Park, and the opportunities that will be explored for development through a feasibility study.

2.       There will be representatives from the key contributors:

Oratia United football – Peter Goodburn

Oratia United Cricket – Chris Stevens

AFL – Jarrod Darlington or Rob Vanstam

Hoani Waititi Marae – Rosie Abbott

Waitemata Table Tennis – Ebi Kleiser and George Hogan

Waterhole Swim Centre – Judith Wright

 

Recommendation

That the Waitākere Ranges Local Board:

a)      Receives deputation from Sport Waitakere and thank them for the presentation.

 

 

 

8.2       Zeal Education Trust

Purpose

1.       Matt Grey (Zeal West Manager), Hayley Smith (Youth volunteer) and Brook Turner (CEO of Zeal) will be in attendance to update the local board on the work of Zeal and the various activities being delivered to youth in the West Auckland.

 

Recommendation

That the Waitākere Ranges Local Board:

a)      Receives the presentation from Matt Grey, Hayley Smith and Brook Turner of Zeal Education Trust and thank them for the presentation.

 

Attachments

a          Zeal Education Trust deputation.......................................................... 137

 

 

9          Public Forum

 

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

 

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

 

10        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.”

 

11        Notices of Motion

 

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

 


Waitākere Ranges Local Board

22 May 2014

 

 

Waitakere Ranges Local Board Community Group Funding, Applications for Round Two, 2013/2014

 

File No.: CP2014/08539

 

  

 

Purpose

1.       This report presents applications received under round two of the Waitakere Ranges Local Board 2013/2014 Community Funding programme. The Waitakere Ranges Local Board is required to fund, part-fund or decline these applications.

Executive Summary

2.       The Waitakere Ranges Local Board has a total Community Programme budget for 2013/2014 of $22,631. This is being distributed to community groups in two funding rounds. The first round closed on 5 July 2013 and the second on 28 February 2014.

3.       Under round one, the board committed $13,181.60 from its Community Funding programme budget, which leaves a balance of $9,449.40 for round two.

4.       The applications to be considered at this time are those received for round two, which is the second and final round in this financial year.

5.       Fourteen applications have been received, requesting a total of $51,532.

6.       The Waitakere Ranges Local Board considered these applications at a workshop on 17 April 2014.

 

Recommendation

That the Waitākere Ranges Local Board:

a)      Considers the applications listed in Table One1 and agrees to fund, part-fund or decline each application in this round

Table 1 – Waitakere Ranges Local Board Community Funding Applications

Organisation

Project

 Amount Requested

Waiatarua Community Patrol

Funding for members of the Waiatarua Community Patrol members to attend a certified first course

 $       1,000

Auckland Action Against Poverty

Funding for the purchase of mobile plans, printer/scanner and ink, lockable filing cabinet, stationary and volunteer expenses for the Beneficiaries Advocacy programme at Kelston Community Hub

 $       2,658

Getin2life Youth Development Trust

Funding for costs associated to running four-six events in the Waitakere Ranges Local Board area.

 $       3,288

Huapai Pony Club

Funding for the purchase of competition ribbons, sashes and rosettes for closed/open ribbon days, dressage days, one day events and show hunter events

 $       1,933

Alzheimer’s Auckland Charitable Trust

Funding for staff salaries and transportation for the Alzheimer’s Walking Group in Tui Glen

 $      10,080

Project Litefoot Trust

Funding for posters, light switch stickers, light bulbs, water saving device, bins, bin liners, website hosting and development and fixed costs associated with implementing Lite Club in Glenora Rugby League Club

 $        4,900

Waiatarua Ratepayers and Residents Association

Funding for the operational costs of the Waitaurua Community Hall

 $        3,000

Oratia Air Scout Group

Funding for the purchase of 4 GPS units and software and an EPERB rescue beacon to use for the Oratia Sea Scouts

 $        3,595

Rainbow Youth Inc.

Funding for the design and printing of posters and pamphlets and then the printing and postage to local West Auckland schools

 $        3,000

Sport Waitakere Trust

Funding for the purchase of corflute, advertising, pedometers and trophies for the Waitakere Ranges Fun Run

 $        5,000

Ranui Swanson Waitakere Community Patrol

Funding for the purchase of a patrol car for the Ranui Swanson Waitakere Community Patrol

 $        5,000

Glen Eden Community House

Funding for advertising in the Western Leader and in The Fringe

 $        4,046

Neighbourhood Support Waitakere

Funding for the Big Day Out at Rainbows End and the purchase of equipment for the volunteer resource kits for street based / local events

 $        2,396

The Foundation for Peace Studies Aotearoa

Funding for the Foundation for Peace Studies Aotearoa to run the Peer Mediation course at Waitakere College.

 $        1,636

 

TOTAL:

      $ 51,532

 

 

 

Comments

7.       In March 2013 the Regional Operations and Development Committee agreed to the continuation of the interim community funding approach for the 2013/2014 financial year:

“That the Regional Development and Operations Committee endorse the continuation of the interim community funding programme for the 2013/2014 financial year, in accordance with current budgets and decisions-making delegations, due to the complexity of the range of funding models currently operating across the region, with the expectation that a new funding policy be in place for the 2014.2015 financial year, or before” (RDO/2013/32).

8.       Fourteen applications were received for this round, requesting a combined total of $51,532.

9.       The Waitakere Ranges Local Board held a workshop on 17 April 2014 to consider each application and how each project aligned with the Waitakere Ranges Local Board priorities and guidelines.

10.     The Waitakere Ranges Local Board Community Funding Programme Budget for 2013/14 is $22,631 of which $13,181.60 has been paid in grants, leaving a balance of $9,449.40

Consideration

Local Board Views and Implications

11.     Feedback on these applications was sought at a workshop with the Waitakere Ranges Local Board held on 17 April 2014.

12.     Board members received a summary of each application along with information relating to the current legacy community funding scheme priorities that apply.

Maori Impact Statement

13.     Community funding is a general programme of interest and accessible to a wide range of groups, including Maori.  Maori are therefore likely to benefit alongside other groups in the community. The provision of community funding to support community development initiatives provides opportunities for all Aucklanders to undertake projects, programmes and activities that benefit Maori.

Implementation

14.     Staff will confirm in writing all grants made by the local board and will administer payment and receipt of accountability for all grants made. The team will also notify all unsuccessful applicants in writing.

 

Attachments

There are no attachments for this report.     

Signatories

Author

Kim Hammond - Community Grants and Support Officer West

Authorisers

Louise Mason - Manager Community Development, Arts and Culture

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

 


Waitākere Ranges Local Board

22 May 2014

 

 

Quarterly Performance report March 2014

 

File No.: CP2014/09907

 

  

 

Purpose

1.       To update the Waitakere Ranges Local Board members on progress towards their objectives for the year from 1 July 2013 to 30 June 2014, as set out in their local board agreement.

Executive summary

2.       The attached performance report consolidation contains the following this quarter

• Local board financial performance report

• Local Community Development, Arts and Culture (CDAC) activity overview

• Local Libraries overview

• Local Sports, Parks and Recreation (LSPR) overview

• Work programmes for CDAC and LSPR

• Treasury report and estimate of impact on existing ratepayers by local board for 2014/2015.

 

Recommendation

That the Waitākere Ranges Local Board:

a)      Receives the Quarterly Performance Report for the Waitakere Ranges Local Board for the period ended March 2014.

 

Comments

3.       In consultation with local boards this report has been created to give the elected members a comprehensive and common overview of local activities from council departments and CCO’s. Future reports are expected to include additional departmental and CCO reports as these are developed for inclusion and discussion.

Maori impact statement

4.       Maori, as stakeholders in the council, are affected and have an interest in any report of the local board financials.  However, this financial performance report does not impact specific outcomes or activities. As such, the content of this report has no particular benefit to, or adverse effect on Maori.

 

Attachments

No.

Title

Page

aView

Quarterly Performance Report-  March 2014

15

     


Signatories

Author

David Rose - Lead Financial Advisor

Authorisers

Christine Watson - Manager Financial Advisory Services - Local Boards

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

 


Waitākere Ranges Local Board

22 May 2014

 

 











































































Waitākere Ranges Local Board

22 May 2014

 

 

Bylaw review programme update - April 2014

 

File No.: CP2014/07964

 

  

 

Purpose

1.       This report provides an update on bylaw review (policy) and bylaw implementation (operations), covering June 2013 to April 2014. This joint approach to reporting ensures that local boards have a comprehensive overview of the end-to-end programme through to 2015.

Executive Summary

2.       Consultation on the proposed navigation safety bylaw closed on 17 March 2014. Staff are now preparing a summary of submissions alongside the full submissions to the hearings panel. The proposed cemeteries and crematoria bylaw was adopted by the Regulatory and Bylaws committee and Governing Body in March, and submissions opened from early April.

3.       Further proposed bylaws will be presented to the Regulatory and Bylaws committee shortly covering the next set of topics: Outdoor fires; Stormwater; Trading in public places; Alcohol controls and Animal management (covering animals other than dogs).

4.       The 2014 programme for review of local dog access rules is underway with the local boards that are proposing changes this year. Information about the proposed changes will be included with material provided as part of the annual dog registration cycle to minimise costs and ensure simplified communication with these customers.

5.       Implementation projects are well underway for the upcoming commencement of Health and hygiene (from 1 July 2014) and Public safety and nuisance (from 26 May 2014). Planning for the new Health and hygiene bylaw and associated licensing has included particular attention for operators where the rules have changed significantly. The majority of these newly registered premises will receive a visit from a member of the environmental health team, and a welcome pack that summarises the standards they are required to meet.

6.       The Alcohol licensing readiness project has now completed its key work relating to establishing the new licensing structures needed under the new alcohol act. These are running as intended from 18 December 2013.

7.       Review work is continuing on further topics to support completion of the review programme by October 2015, alongside implementation planning for the resulting changes.

8.       No formal requests for local board bylaws have been received over the period covered by this report.

9.       An investment proposal for the integrated programme is being progressed, to be submitted for consideration as part of preparing the draft 2015-2024 Long-term Plan.

 

Recommendation

That the Waitākere Ranges Local Board:

a)      Notes the progress of bylaw review and implementation and the forward programme that will complete the review of the legacy bylaws by 2015.

 

 

Discussion

The bylaw review programme

10.     The bylaw review programme was originally endorsed by the Regulatory and Bylaws committee in December 2010 (refer CP2010/00962) and February 2011 (refer CP2011/00453). It will review the legacy bylaws (that is, the bylaws inherited from the former councils) across approximately 30 topics. A new bylaw will be prepared for each topic where appropriate, or a recommendation made that the underlying issue or outcome is better handled another way.

11.     The Regulatory and Bylaws Committee has ownership of the review and local boards are participating through individual workshops and reports. Local Boards are also able to propose that local bylaws are made, to apply only in their area (refer sections 24 to 28 of the Local Government (Auckland Council) Act 2009). Any requests for local bylaws are reported to the Regulatory and Bylaws committee. As stated above, there have been no local board proposals for local bylaws over the last period. This report covers the period June 2013 to April 2014.

12.     As this is the first report on this programme since the 2013 local government elections, attachment A provides a brief background to bylaws, including an outline of each bylaw topic.

Update on review of bylaw topics

13.     The current state of the review work programme is presented in the table below and the detailed comments for several topics that follow. Attachment B provides an overview of the timeline for the programme.

14.     The table below includes reviews that have already been completed. It also covers bylaws that may be folded into other topics (Freedom camping; Arkles Bay Set Netting); the ongoing local boards’ review of dog access rules; and the review that must take place within five years of any bylaw’s adoption.

Table 1: Summary of status and next steps for review of bylaw topics

Topic

Status and Progress – 7 stages

Comments

 

Status

1-Preparation

2-Pre-consultation

3-Options

4-Write Bylaw

5-Adopt draft

6-Spec Cons Proc

7-Adopt final

 

Reviews completed

 

 

 

 

 

 

 

 

 

Dog management

G

 

 

 

 

 

 

 

Completed

Election Signs

G

 

 

 

 

 

 

 

Completed

Food safety

G

 

 

 

 

 

 

 

Completed

General administration

G

 

 

 

 

 

 

 

Completed

Health & hygiene

G

 

 

 

 

 

 

 

Completed

Offensive trades

G

 

 

 

 

 

 

 

Completed

Public safety and nuisance

G

 

 

 

 

 

 

 

Completed

Solid waste (Waste m/ment)

G

 

 

 

 

 

 

 

Completed

Trade waste

G

 

 

 

 

 

 

 

Completed

Transport (Auckland Transport)

G

 

 

 

 

 

 

 

Completed

 

 

 

 

 

 

 

 

 

 

Work programme

 

 

 

 

 

 

 

 

 

Navigation Safety

G

 

 

 

 

 

 

 

See below

Outdoor / Rural fires

G

 

 

 

 

 

 

 

 

Trading in public places

G

 

 

 

 

 

 

 

See below

Stormwater management

G

 

 

 

 

 

 

 

 

Signs

G

 

 

 

 

 

 

 

See below

Election signs (amend)

G

 

 

 

 

 

 

 

See below

Alcohol licensing fees

G

 

 

 

 

 

 

 

 

Alcohol controls

G

 

 

 

 

 

 

 

See below

Animal management

G

 

 

 

 

 

 

 

 

Air quality

G

 

 

 

 

 

 

 

 

Boarding houses and hostels

G

 

 

 

 

 

 

 

 

Cemeteries and crematoria

G

 

 

 

 

 

 

 

 

Commercial sex industry

A

 

 

 

 

 

 

 

On hold pending unitary plan outcomes

Construction and development

G

 

 

 

 

 

 

 

 

Onsite wastewater

G

 

 

 

 

 

 

 

 

Hazardous Substances

G

 

 

 

 

 

 

 

See below

Orakei Basin

G

 

 

 

 

 

 

 

 

Recreational and cultural facilities

G

 

 

 

 

 

 

 

 

Transport (Parks / AC controlled land

G

 

 

 

 

 

 

 

 

Water supply and wastewater (reticulation)

G

 

 

 

 

 

 

 

 

Wharfs & Marinas

G

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other work

 

 

 

 

 

 

 

 

 

Review - local dog access rules

G

 

 

 

 

 

 

 

Reviews by local boards - ongoing

Filming fee review

G

 

 

 

 

 

 

 

See below

Freedom camping

G

 

 

 

 

 

 

 

 

Arkles Bay set netting

G

 

 

 

 

 

 

 

 

Five year reviews

B

 

 

 

 

 

 

 

 

 

Status summary codes

G

Green - Work is progressing as planned, due date will be met or any revised date will not have wider impacts

A

Amber – Original due date at risk of being missed and this may have wider impacts; or an issue has arisen.

R

Red - Due date has or will be missed and this will have wider impacts; or an issue has arisen that will have wider or significant impacts.

B

Blue - Not yet scheduled. However, background work is underway.

 

Table 2: Additional comments for particular topics in the bylaw review programme

 

Public safety & nuisance

On track

G

This bylaw topic crosses the jurisdiction of both Auckland Council and Auckland Transport (meaning there are two parallel bylaws). The new bylaws were adopted in 2013 and come into force in May 2014.

 

Navigation safety

On track

G

Public submissions were invited on this topic from 14 February to 17 March. Just under 400 submissions were received and are being reviewed. A range of communication approaches – including radio and attendance at relevant events – were used to help publicise the proposal and invite submissions. Hearings are expected in May.

 

Trading in public places (policy and bylaw)

On track

G

This review will deliver a single draft policy and two draft bylaws (for the council and Auckland Transport). Drafting of these is well underway. It is expected that these will be reported to the Regulatory and Bylaws committee and then the governing body in May. Any new bylaws could come into force for July 2015 (allowing any fee changes to also be put in place with the council’s long-term plan).

 

Signs

On track

G

Discussions with local boards are currently underway to identify their views on particular matters including local approaches to issues such as sandwich boards and cross-street banners. Comments from those discussions and other discussions with representatives of businesses and the signage industry will support the preparation of a draft bylaw later in 2014.

 

This project is also monitoring the progress of the Proposed Auckland Unitary Plan, as this plan also includes signage provisions.

 

Election signs (amendment)

On track

G

The Election signs bylaw was adopted by Auckland Transport in May 2013, and was in place for the 2013 local government election. A number of operational issues arose during that election period, and the clarity of relevant clauses is planned to be addressed through a series of drafting amendments that will support a better democratic process. These improve clarity for issues including the use of candidate and “team” signs, signs on private property, the readability of authoriser statements and the display of signs promoting election issues rather than candidates or teams. The amendments also provide for the possible later addition of explanatory notes into the bylaw, where desirable to provide further guidance.

 

The proposed amendments are being reported to the Auckland Transport Board in April, to allow for consultation on the proposed changes. Local boards will receive further information then.

 

Changes are also being considered to remove or adjust some of the specified sign sites in the western area. These follow a review of sites against criteria including practicality and safety, and are intended to address issues that arose in 2013. Those local boards where changes are being considered will receive further information on this.

 

Alcohol controls

On track

G

Each of the legacy councils had adopted an Alcohol Control bylaw, and put in place a series of alcohol controls through that bylaw. Alcohol controls (previously called liquor bans) prohibit the consumption of alcohol within a specified place, during a specified time.

 

Legislative changes introduced alongside the government’s reform of laws relating to the sale and supply of alcohol provide the council and police with enhanced powers in relation to alcohol controls. Those changes also require the council to review its existing alcohol controls against a new threshold, as part of any decision to carry those controls forward past October 2015. Following a review of available data, the majority of existing controls across Auckland are considered to meet the new requirements.

 

A proposed bylaw is planned to be reported to the Regulatory and Bylaws committee shortly. The existing bylaws are broadly similar, and so the new proposed bylaw will largely seek to continue the current arrangements. In line with consultation with local boards from 2011 (alongside other alcohol-related matters), the new bylaw will facilitate local board involvement in decisions on alcohol controls and an improved community-based focus on alcohol issues.

 

Community-focussed approaches may include crime prevention through environmental design, local community initiatives, discussions with nearby licensees, youth and leadership development programmes, partnering with central government agencies including the Police and the Ministry of Justice, and partnering with local agencies including sports clubs and iwi and town centre / business associations.

 

These non-regulatory approaches can often lead to significant reductions in alcohol harm and have better long-term effects than regulatory approaches such as making an alcohol control.

 

Hazardous substances

On track

G

The former Auckland City Council had a hazardous substances bylaw. A review of this bylaw has indicated that the issues it covered are now addressed adequately through other means, including provisions in other bylaws, the Resource Management Act, National environmental standards, and regulations made under various acts.

 

Comment is being sought from the local boards where the legacy bylaw currently applies, following which a proposed approach (that could include allowing the bylaw to lapse in 2015) will be brought to the Regulatory and Bylaws committee.

 

Dog access review

On track

G

Local boards are able to review dog access rules for local parks and local beaches in their areas on an annual basis. This allows a better response to community views than was possible under the legacy councils’ approaches.

 

For 2014 selected dog access are being reviewed by the following local boards: Kaipatiki, Orakei, Maungakiekie-Tamaki, Puketapapa, and Hibiscus and Bays.

 

To ensure that registered dog owners are advised of the proposed changes (as required by legislation) the local boards are including a joint notice within the dog registration package in June. This will reduce costs, and ensure that dog owners receive a single combined communication from the council, rather than multiple messages.

 

Filming fees review

On track

G

The Auckland Film Protocol was adopted in 2013, after wide consultation with local boards, the screen production industry, council-controlled organisations and other stakeholders. The protocol aims to create a film-friendly culture across Auckland, based on a two way commitment from the wider council organisation and from filmmakers. It also seeks to help deliver a customer driven service that provides certainty to filmmakers in a globally competitive market, and to enable public good will towards the film industry by setting out expectations of film crews when filming in public places.

 

Currently there is a range of filming fee structures in place, inherited from the former councils. A filming fees review is now underway to understand how this element of the filming process can be harmonised and improved. The Policies and Bylaws unit is working with ATEED on this project, and it is expected that local board input will be sought on this over the next few months.

 

 

Update on implementation of new bylaws

15.     Detailed implementation planning is developed by the responsible operations division alongside the process for reviewing each of the bylaws, through a cross council programme called the Integrated Bylaw Review and Implementation (IBRI) programme. Initial planning for implementation starts when the bylaw topic review identifies the issues and options related to each topic. This approach provides the operations division an early indication of the possible shape of the bylaw and its implementation considerations.

16.     This programme includes the main groups involved in operating bylaws and delivering the relevant services to our customers. The programme is also helping ensure bylaw reviews can be aligned to other related transformational changes such as the consolidation of information technology systems, customer service improvement programmes and the organisation’s capacity to implement those changes.

17.     Implementation of new bylaws will generally cover

·    ensuring that the council meets its statutory obligation;

·    ensuring that effective operational practices on the control and enforcement of the new bylaws are implemented consistently across the region, and are made available to the general public;

·    ensuring that communications to the general public and other stakeholders are well planned and implemented in a timely manner;

·    developing and implementing standard business rules and processes that help achieve the council’s customer service standards;

·    ensuring that internal services are planned and delivered when needed, and are in alignment with other transformation initiatives;

·    putting any changes to fees in place; and

·    ensuring that staff are informed throughout the process and are trained on delivering the new services.

18.     The table below shows the current status of implementation projects.

Table 4: Summary of status and next steps for implementation projects

 

Implementation project name

Status and Progress

Link to bylaw topics / Other comments

 

Status

1-Preparation

2-Planning

3-Implementation

4-Closure

 

Underway

 

 

 

 

 

 

Alcohol licensing readiness

G

 

 

 

 

Completed

Alcohol licensing fees

G

 

 

 

 

See below

Animals (Stage 1)

G

 

 

 

 

Completed

Dog access review

G

 

 

 

 

 

Electoral Signs 2013

G

 

 

 

 

Completed

Electoral Signs 2014

G

 

 

 

 

 

Environmental

G

 

 

 

 

 

Facilities

G

 

 

 

 

 

Food safety

G

 

 

 

 

Completed

Health protection

G

 

 

 

 

Health & hygiene bylaw and code of practice; See below

Marine

G

 

 

 

 

 

Public safety & nuisance

G

 

 

 

 

 

Revoked bylaws

G

 

 

 

 

General admin; Offensive trades; Others

Signage

G

 

 

 

 

 

Stormwater

G

 

 

 

 

 

Street trading / Trading in public places

G

 

 

 

 

Trading in public places policy and bylaw

Waste management

G

 

 

 

 

Solid waste bylaw

 

 

 

 

 

 

 

Proposed future

 

 

 

 

 

 

Air quality

B

 

 

 

 

 

Alcohol controls (liquor bans)

B

 

 

 

 

 

Animals (Stage 2)

B

 

 

 

 

 

Construction

B

 

 

 

 

 

Transport (AC land)

B

 

 

 

 

 

 

Table 5: Additional comments for particular implementation projects

 

Alcohol licensing readiness

On track

G

The alcohol licensing project has now completed successfully. This project set out to ensure that the council was able to implement the requirements of the Sale and Supply of Alcohol Act 2012, including the new licensing system and new fees that had to operate from 18 December 2013.

 

Alcohol licensing fees

On track

G

The Governing Body has resolved that the council adopt its own fees for licensed premises. This is provided for in the Sale and Supply of Alcohol Act 2012. The council can change the fee amounts, using the cost / risk fee categories that have been set by central government. Work is underway to capture actual information on costs, based on operating the new licensing system and the parts of those costs that can be recovered through licensing fees.

 

Health protection

On track

G

The Health protection project is implementing the new Health and hygiene bylaw and code of practice (which will come into force from 1 July 2014). A range of user-friendly brochures that summarise key provisions of the health protection code have been prepared to help communicate the requirements to all the people who operate these businesses.

 

A series of approaches are underway to help ensure operators are aware of the requirements to be followed. The new bylaw (with its risk-based approach) has resulted in some premises that are newly required to be registered, and the communication activities are focussed on these premises. Most of these will receive an individual visit, with an appropriate information pack.

 

There are also some premises that no longer need to be registered with the council, and this is also being communicated to them.

 

Funding for bylaw review and implementation

19.     The scope and scale of the expected changes mean that implementation requires significant effort and resources, and cost, for some topics. The Strategy and Finance committee made an initial provision for funding the IBRI programme at its meeting of 9 May 2013 (in part; refer item 16, SF/2013/67).

20.     As provided for in the resolution, a further investment proposal is being prepared for the 2015-2024 long-term plan. The programme continuously monitors its approach to each bylaw, and where possible captures any cost efficiencies and learnings for later bylaws.

 

Consideration

Local Board Views

21.     Local boards are involved in the review of each bylaw topic (consistent with the review’s principles). This report provides an update on the programme for local boards.

Maori Impact Statement

22.     This report does not raise any specific issues relating to Māori. The review of each topic includes considering whether that topic includes any elements of special interest to Māori, and if so the appropriate way to seek a greater level of engagement. Where appropriate, consultation with Māori (on a particular topic) may be linked to consultation on other related topics through the Unitary Plan or other initiatives.

General

23.     The recommendations in this report do not trigger the council’s policy on significance.

Implementation Issues

24.     Implementation issues are addressed as relevant to each topic, as noted above.

 

Attachments

No.

Title

Page

aView

Background to bylaws

97

bView

Overview of the timeline for the programme

105

     

Signatories

Author

Andrew Simon Pickering - Manager, Planning, Policies and Bylaws

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

 


Waitākere Ranges Local Board

22 May 2014

 

 

An introduction to Bylaws

 

 

Summary

1.       This attachment provides a brief introduction to bylaws and the process that is now underway to review the bylaws that were inherited by the Auckland Council from the former councils. It is being provided to local boards alongside their regular update report, as this is the first such update report since the 2013 local body elections.

2.       A bylaw is a rule or regulation made by a local authority, and it can therefore reflect both regional and local preferences. The Auckland Council inherited 158 bylaws across 32 broad topics from the former councils. These are referred to as “the legacy bylaws”. Most of these current bylaws must be reviewed by 31 October 2015.

3.       A review programme has been underway since 2010, focusing on the outcomes sought for each topic and how these outcomes apply to Auckland. It is taking into account legislative requirements (and timing due to central government’s legislative programme), identified council priorities and alignment with the council’s strategic vision, gaps (if any), other policy work and administrative improvements or cost reductions where possible. It will provide an opportunity for addressing inconsistencies from the various approaches adopted by the former councils, ultimately leading to a coherent and aligned set of Auckland Council bylaws. Not all legacy bylaws will be replaced with new bylaws.

4.       Auckland Council and Auckland Transport can both make bylaws within their particular areas of influence. Legislation also provides specific roles related to bylaws for local boards and Watercare Services Limited.

 

What are bylaws

5.       A bylaw is a rule or regulation made by a local authority, and can therefore reflect local preferences. This means they are an important tool for council as it seeks to deliver the agreed community outcomes and reflect community preferences.

6.       Most bylaws are made under the Local Government Act 2002 (LGA 2002) but other bylaws may be made under such acts or regulations as the Health Act, the Dog Control Act, the Burial and Cremation Act, the Prostitution Reform Act and the Transport Act. Bylaws may not over-ride legislation made by parliament and cannot generally require standards that are higher than those set nationally.

7.       Bylaws generally permit or regulate certain activities, require certain activities to be done in certain ways or prohibit certain activities. Bylaws may also license persons or property and set fees for certificates permits, licences, consents or inspections. In line with good regulatory practice, the LGA 2002 requires a local authority, before making a bylaw, to determine whether a bylaw is the most appropriate way of addressing a perceived problem, and to ensure that the proposed bylaw is not inconsistent with the New Zealand Bill of Rights Act.

8.       The special consultative procedure under the LGA 2002 is used for making, amending, or revoking a bylaw. This requires the council to consider the views and preferences of people likely to be affected, or have an interest in a council decision. It must then publicly notify its proposal to make, amend or revoke a bylaw, outline in writing the reasons for such actions, invite and hear submissions and make deliberations in open meetings on its proposal. For some topics other legislation may modify or over ride some of these general requirements.

9.       Typically the Regulatory and Bylaws committee will receive and endorse each draft bylaw and statement of proposal (SOP), before it is approved by the governing body for public consultation.

 

Auckland Council and bylaws

10.     The Auckland Council originally inherited 158 bylaws from the former councils across 32 broad topics, and transitional legislation provided for these bylaws to remain operative in the former council areas until replaced or revoked. A number of different rules therefore operate across the region, and some of the local board areas have conflicting bylaw rules. Those conflicts must be resolved over time to support consistent governance and customer service.

11.     Auckland-specific legislation sets out particular roles within the bylaw process for local boards and Watercare Services Limited. These groups can perform actions that lead up to bylaw adoption, including proposing bylaws and leading public consultation on those bylaws.

12.     This legislation also makes most of the legacy bylaws expire on 31 October 2015. This means that the review of each topic and the implementation of any new bylaw or non-bylaw approach must be completed by that date.

13.     An outline of the bylaw topics is provided in appendix 2.

14.     Decisions on ten topics were made within the first term of the Auckland Council: Dog management; General administration; Offensive trades; Solid waste; Transport (roads); Food safety; Election signs; Health and hygiene; Public safety and nuisance; and Trade waste.

 

The programme of bylaw review and implementation

15.     The council has established a programme to review the legacy bylaws, and implement any resulting changes to its processes and service delivery. This alignment allows the council to achieve improvements in customer service and efficiencies in an ordered way. As one example, a new approach to food safety was implemented on 1 July 2013. This included a new harmonised approach to the A to E grading of food premises; harmonised fees; and harmonised set of requirements for training of those employed to prepare and sell food across Auckland café’s and restaurants and other food outlets.

16.     A set of eight principles were adopted in 2011 to guide the review. These are set out in appendix 1 and summarised below.

 

1)   Ensure that regulation by bylaw is appropriate

2)   Every bylaw should relate to a strategy or policy

3)   The regulatory framework should be accessible to users

4)   Bylaws should follow a consistent structure

5)   Local boards should be involved in the bylaw-making and review process

6)   Where a bylaw establishes a region-wide framework, it should also provide if appropriate a transparent and locally accountable procedure for making specific operating rules under delegated authority

7)   All bylaws should have a clear, practical and efficient approach to enforcement

8)   The bylaw-making or review process must include consideration of how administration, implementation, monitoring and review elements will be achieved

 

17.     Regular updates on the programme are provided to the Regulatory and Bylaws committee and to local boards.

 


Appendix 1: Principles to be reflected in the bylaw review

 

Principle

Comment

1 Ensure that regulation by bylaw is appropriate (Appropriate Mechanism)

The Local Government Act 2002 requires a local authority, before making a bylaw, to determine whether a bylaw is the most appropriate way of addressing an objective. Alternatives such as education, self-regulation and advocacy for national standards or regulation should be considered.

Where regulation is appropriate, the right place for this must be determined. For example, a given topic may have been addressed in a bylaw by some of the former councils, and through district plan rules for others (e.g. signs).

2 Every bylaw should relate to a strategy or policy

(Strategic or Policy Alignment)

Bylaws should generally support (and be based on) a policy adopted by the council, e.g. a comprehensive street trading policy for activities such as outdoor dining, busking and events, should be in place before a bylaw is made to regulate such activities. In some cases the policy and the bylaw may be worked on in parallel.

3 The regulatory framework should be accessible to users

(Accessible to Users)

Regulatory requirements for a given activity may be located in a variety of places (e.g. bylaws, the district plan, the building code, codes of subdivision). Providing a carefully designed interface to these documents (and making links between them) will improve customer service and certainty.

4 Bylaws should follow a consistent structure

(Consistent Structure)

The use of a standard bylaw form (with appropriate customisation where necessary) is likely to make bylaws easier to use, and to reduce costs of ongoing maintenance.

5 Local boards should be involved in the bylaw-making and review process

(Local Board Engagement)

This will ensure that Local Boards are involved in development of policy, bylaws, specific rules and delegations that will either affect their local board area, or guide later Local Board decision-making under the adopted bylaw framework.

6 Where a bylaw establishes a region-wide framework, it should also provide if appropriate a transparent and locally accountable procedure for making specific operating rules under delegated authority

(Transparent and locally accountability)

This supports ongoing legislative compliance and provides for efficient decision-making where specific rules are determined pursuant to a bylaw (as opposed to being contained within a bylaw). It will also allow ample opportunity for local decision-making (by local boards or officers) without the need for governing body or committee scrutiny, where appropriate.

 

7 All bylaws should have a clear, practical and efficient approach to enforcement

(Enforceable)

Bylaws must be able to be enforced to be effective. Rules, and the enforcement approaches that can be used when these rules are breached need to be clear.

8 The bylaw-making or review process must include consideration of how administration, implementation, monitoring and review elements will be achieved

(Operational considerations)

Bylaws are typically put in place to address a particular issue or support a particular outcome. This is likely to be achieved in a more effective, efficient and transparent way if operational elements are considered through the policy and bylaw development process.

This would often include the process for making or review of any specific rules to give effect to, or that are required for, the administration of the bylaw, considering the level of delegation proposed, and the information needed to confirm that the bylaw has the intended effect.

This will ensure that bylaws are able to be enforced on commencement, and bylaw development will be viewed as part of a wider process.

 

 

Appendix 2: Topics covered by Auckland Council and Auckland Transport bylaws

 

Alcohol Control (Auckland Council)

Alcohol control bylaws allow councils to control the possession and consumption of alcohol in public places. This is commonly achieved by creating on-going alcohol controls (also called liquor bans) in specified public places over specified times so that it becomes an offence to consume, bring into or possess liquor in such public places at such times. The council is not able to apply a blanket ban to prevent alcohol being consumed in all or in large parts of its area.

 

Animals and Pests (Auckland Council)

These bylaws generally control the keeping of poultry, pigs, bees and cats and the slaughter of stock in urban areas and deal with stock wandering onto public places in rural areas.

 

Cemeteries (Auckland Council)

Cemetery and crematoria bylaws typically facilitate the management of cemeteries and crematoria under council’s control. They cover the sale of burial plots, reservation of areas for special purposes, provisions for internments, keeping graves and monuments in good order, the control of vehicles and the keeping of records.

 

Commercial sex industry including Brothels (Auckland Council)

The Prostitution Law Reform Act allows territorial authorities to make bylaws to prohibit or regulate signage visible from a public place that advertises commercial sexual services. The same act allows a territorial authority to make bylaws regulating the location of brothels.

 

Construction and development (Auckland Council and Auckland Transport)

Bylaws in these areas often work alongside the requirements of the Building Act. They may be used to protect public safety and amenity by controlling structures, materials and work in, on or over or adjacent (e.g. demolition) to public places. Bylaws may require street damage deposits and manage the construction and use of vehicle crossings. Bylaws may also regulate awnings, verahdahs and balconies over public places so that they meet minimum standards for safety and cleanliness.

 

Dogs (Auckland Council)

The council must have a dog policy, and the dog bylaw gives effect to this policy. The policy and bylaw must set out areas where dogs are prohibited, where they are required to be on-leash, where they can be off-leash and designated dog exercise areas. The Dog Control Act requires dog owners to be notified of proposed changes to the dog policy and dog control bylaw; these changes are co-ordinated where ever possible to minimise cost and simplify messages to owners.

 

Environmental Protection (Auckland Council)

Some councils use bylaws to control the use of outdoor lighting to prevent light spill and glare, whereas others would use district plan rules. Bylaws in this group may require premises to be kept in a clean, hygienic and tidy condition and may require burglar alarms to reset after sounding for a maximum of 15 minutes

 

Food safety (Auckland Council)

These bylaws regulate the sale of food and are complementary to the requirements of the Food Hygiene Regulations. These bylaws allow the closure of unhygienic premises, require staff working in food premises to have a minimum qualification in food hygiene and allow the grading of premises so that customers are informed about the cleanliness and conduct of premises selling food to the public. Provisions also apply to the sale of food from road side stalls so that the food is prepared and sold in a hygienic state.

 

 

Hazardous substances (Auckland Council)

Bylaws in this area may control the storage of hazardous substances and may also be used to ensure the safe storage of bulk liquids, so that any spillage may be safely contained to prevent water pollution.

 

Health and hygiene (Auckland Council)

These bylaws cover such activities as hair removal, piercing, tattooing, acupuncture to prevent the transmission of infectious diseases such as hepatitis B and HIV through inadequate hygiene practices or un-sterilised equipment. Bylaw provisions generally require the licensing of premises undertaking these activities, the adequate training of staff, sterilisation equipment and practices that reduce the risk of infection.

 

Hostels / boarding houses (Auckland Council)

Auckland City Council was the only council to have a bylaw controlling the standards of low cost accommodation such as hostels, guesthouses, rooming houses, boarding houses, motels and back packer accommodation. These are not licensed by other legislation and can suffer from poor conditions. This bylaw sets standards for safety, ventilation, sanitary conditions, maintenance and maximum occupancy.

 

Liquid and trade wastes (Auckland Council with Watercare Services Limited)

The Auckland Regional Council, Rodney, North Shore and Franklin had trade waste bylaws to regulate the discharge of wastes into sewage systems to prevent damage to those systems and or damage to sewage treatment plants. Watercare Services administers the trade waste bylaws.

 

Auckland City Council had a Waiheke Wastewater Bylaw to ensure the proper operation of septic tanks and other on-site wastewater disposal systems. Rodney, North Shore and Papakura had similar provisions for on-site wastewater disposal.

 

Navigation safety, wharves and marinas (Auckland Council and Auckland Transport)

Bylaws made under this subject matter include the Navigational Safety Bylaw which controls activities on the waters around the region. Provisions regulate the speed of vessels near the shore, near other vessels, around wharves and ramps, include requirements that anchored or moored vessels be seaworthy, and requirements around life jackets. Provisions regulate moorings and anchorages, place controls on water skiing, provide priority for large vessels within pilotage limits, and limit vessels carrying explosives and oil tankers etc.

 

Auckland City also had a bylaw which works in conjunction with the Auckland Regional Council Navigational Safety Bylaw to control the use of Orakei Basin so that there is a safe separation of powered and non-powered vessels using the basin. Some bylaws also cover wharves and marinas.

 

Public safety and nuisance / Street trading (Auckland Council and Auckland Transport)

Public places bylaws provide the ability to enforce general restrictions in public places (parks, reserves, squares, public footpaths and berms etc) to protect those public places from misuse and to protect the safety and amenity of those using such public places. Such bylaws may also cover street trading such as displays and café tables and public performances and events. They may also ban fireworks from certain areas and may also require property owners to exhibit street numbers so buildings are easily identified.

 

Recreational and cultural facilities (Auckland Council)

North Shore, Waitakere, Auckland and Manukau councils had bylaws regulating the use of libraries, swimming pools, art galleries, halls and recreation centres. Some or all of these activities may be able to be regulated by methods other than bylaws, such as, conditions of membership (libraries), conditions of entry (art galleries, recreational centres and pools) or contract (hall hire etc).

 

Rural fires / outdoor fires

Several councils adopted rural or outdoor fire bylaws to help manage risks related to these fires. These assist the rural fire service (which is managed by the council). The bylaw supports the issuing of fire permits and the fire ban process (in times of heightened risk).

 

Solid wastes (Auckland Council)

Solid waste bylaws typically regulate the collection of household (and some cases business) rubbish by council or their contractors. These bylaws may also licence waste collectors and set fees for the disposal of rubbish at council owned sites. The council can include provisions prohibiting placing junk mail into letterboxes which have stickers requesting “no junk mail” or similar. Solid waste bylaws may not be in conflict with the council’s waste management and minimisation plan.

 

Signs (Auckland Council and Auckland Transport)

These can cover signs such as sandwich boards, banners, ladder signs and real estate signs. Auckland City Council controlled the use of all types of advertising signs through a signs bylaw whereas other councils only used bylaws to control specific types of signs (e.g. temporary signs) and used district plan rules to control other types of signs. Specific rules apply to election signs (usually in a separate bylaw).

 

Stormwater management (Auckland Council)

Auckland City and Papakura District had stormwater management bylaws to manage open watercourses and pipes that are used to discharge stormwater to the coast. These bylaws generally require landowners to keep watercourses free from obstruction so they function correctly for stormwater transport. They also support the ongoing use of stormwater soakage in some volcanic parts of Auckland.

 

Traffic (Auckland Council and Auckland Transport)

Traffic bylaws regulate matters such as one-way roads, roads with weight restrictions, speed limits, the stopping, loading and parking of motor vehicles, bus lanes, cycle paths and shared zones which are not regulated by central government. A traffic bylaw may also address the driving of vehicles on beaches, and controls on specific areas such as the Auckland Domain. Auckland Transport is now responsible for bylaws relating to the Auckland transport system (including roads), with the council responsible for other areas such as roads within parks.

 

Water supply (Auckland Council with Watercare Services Limited)

Most of the amalgamated councils had water supply bylaws. These cover topics including metering, connection, protection of the supply from contamination, water conservation, provision for fire fighting, and use of water from hydrants.



Waitākere Ranges Local Board

22 May 2014

 

 



Waitākere Ranges Local Board

22 May 2014

 

 

Submissions made under delegated authority - Local Board Funding Policy and CCO Review

 

File No.: CP2014/09864

 

  

 

Purpose

1.       To report back for information and as a matter of public record on the submissions made by the Waitakere Ranges Local Board on the “draft Local Board Funding Policy” and the “Review of Council Controlled Organisations”.

2.       Both submissions were finalised and approved under delegated authority after being reported to the local board’s meeting on 10 April 2014.

Executive Summary

 

Local Board Funding Policy

3.       Auckland Council is required to adopt a Local Boards Funding Policy. The current policy was developed within a context of retaining and reflecting legacy council service level and funding decisions. After three years more has been learned and a broader policy discussion can be undertaken.

4.       The review seeks to find the most appropriate funding mechanisms for local board expenditure on asset based services such as parks, libraries, recreation and community facilities and non-asset based services (locally driven initiatives). During the course of the review, equity issues for asset based service levels have been raised, which cannot be resolved via the Local Boards Funding Policy. Resolving these issues will have implications that can only be addressed as part of the wider planning and budgeting process. The review recommends retaining the current funding model for asset based services, but considers options for changing to a fairer funding model for locally driven initiatives.

5.       The timing for the review proposes public consultation in June 2014 to enable a policy to be adopted to form the basis of local board budgets for inclusion in the draft Long-term Plan 2015-2025. In order to meet that timeframe engagement with local boards needs to take place in March and April 2014. This will enable the council to consider local board views in determining a proposal for consultation with the public.

6.       This report presents the final submission for information in Attachment A.

Review of Council Controlled Organisations 

7.       Auckland Council is undertaking a review of its seven substantive council controlled organisations (CCOs).

8.       The first step of this review consists of an assessment of the current state.  Auckland Council has prepared a preliminary assessment reviewing the experience of the council and its CCOs over the last three years from a council perspective, along with a discussion document to guide input.

9.       This report presents the Waitakere Ranges Local Board’s feedback for information in Attachment B.

 

Recommendation

That the Waitākere Ranges Local Board:

a)         Notes the submissions made under delegated authority on the draft Local Board Funding Policy and Review of Council Controlled Organisations.

 

Attachments

No.

Title

Page

aView

Draft Local Board Funding Policy - submission from the Waitakere Ranges Local Board

109

bView

Input to the review of council controlled organisations

133

     

Signatories

Author

Brett Lane - Local Board Advisor

Authoriser

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

 


Waitākere Ranges Local Board

22 May 2014

 

 

Waitakere Ranges Local Board: feedback on the draft Local Boards Funding Policy

1.   The Waitakere Ranges Local Board argues that consideration needs to be given to excluding its area from the funding formula, based on its unique nature within the Auckland region; or that the funding policy needs to be revised to take account of that uniqueness.

2.   All the scenarios provided in the draft funding policy result in either a big reduction in funding for the Waitakere Ranges area, or an increase in rates to keep the same service levels.

Waitakere Ranges Heritage Area

3.   Our local board takes its name from the Waitakere Ranges Heritage Area, which is a nationally significant ecological area established by the Waitakere Ranges Heritage Area Act 2008. The Waitakere Ranges Local Board was set up to meet the community demands for a local board configured to include the heritage area.

4.   The Waitakere Ranges Heritage Area Act 2008 places an obligation on Auckland Council for the area which needs to be reflected through the funding policy.

5.   The need for a special approach to the Waitakere Ranges Heritage Area (WRHA) was recognised by Auckland Council in March 2012 (see Attachment A), when the then Regional Development and Operations Committee created a shared work programme to be delivered by the Governing Body and the Waitakere Ranges Local Board. The shared work programme is strongly aligned to the regional objectives of the Auckland Plan, and the priorities of the Waitakere Ranges Local Board Plan.

Resolution number RDO/2012/45

b)   That the Regional Development and Operations Committee endorses the ongoing planning and delivery of the Waitakere Ranges Heritage Area Programme as a key legacy initiative strongly aligned to the draft Auckland Plan.

c)   That the Regional Development and Operations Committee notes that the responsibility for some of the activities within the Waitakere Ranges Heritage Area programme lie with the Governing Body, and some with the Waitakere Ranges Local Board.

6.   The proposed service cuts for the Waitakere Ranges area of around 40 percent in Options A and B in the locally driven initiatives (LDI) category would severely undermine the ability of the local board to perform its stewardship role for the Waitakere Ranges Heritage Area, deliver on its local board plan priorities, and respond to local needs.

7.   The WRHA Act recognises the pivotal relationship between people and place. Its objectives and underlying philosophy direct that council works with local communities in protecting the WRHA and as a result many programmes are delivered with a community development ethos.

 

8.   The Sustainable Neighbourhoods Programme, for example, has a community development focus while delivering WRHA Act objectives and biosecurity outcomes. Such programmes may be small scale but have sub-regional and regional benefits. Controlling pest and weeds on private land and outside regional parks land is critical to stopping spread into the regional parks.

9.   The Waitakere Ranges Heritage Area work programme budget ($225,173 opex) should be moved from the LDI category as this is part of the shared work programme with the governing body. It needs to be recognised, however, that the heritage area programme is much broader than the single WRHA programme budget line in the local board budget, and we ask that council staff work alongside the local board to identify the greater area of the programme within the programmes currently grouped under the LDI category.

10. A report on the Waitakere Ranges Heritage Area work programme to the Regional Development and Operations Committee in September 2012 noted that: “Because of the differences in the way in which budgets are set up and accounted for across different council units and programmes, it is not possible to provide a meaningful financial summary.” Further investigation of this issue needs to be undertaken.

Implementing the Auckland Plan: accounting for ecosystem services provided by the Waitakere Ranges

11. The Waitakere Ranges are ecologically significant and contribute greatly to the strategic directions in Chapter 7 of the Auckland Plan. It is one of the largest areas of coastal and lowland forest with intact sequences remaining in the region. It supports a wide diversity of habitats including forest, shrubland, freshwater streams and rivers, sand flats, dunes, coastal turfs and wetlands. The heritage area as a whole is the home of 93 nationally-threatened species, and has 148 plant species that are considered to be regionally threatened.

12. The failure to recognise natural and green assets in the funding policy, and the value of programmes that maintain these assets, is of particular concern to the Waitakere Ranges Local Board as it has a big impact on its area.

13. To deliver on the strategic direction of the Auckland Plan the Council is required to “acknowledge and account for ecosystem services when making decisions for Auckland”, under directive 7.1 - Chapter 7, Auckland’s Environments, (see Attachment C).

14. The Waitakere Ranges provide valued ecological services to the region and are a major contributor to Auckland’s conservation estate, with heritage features, significant ecological areas, water catchment areas, outstanding natural landscapes and outstanding natural features. These need to be managed appropriately with programmes that:

i.    Enable Auckland Council to meet its obligations under the WRHA Act.

ii.    Implement the Auckland Plan directives 7.1 – 7.5

iii.   Support the regulatory role in the proposed Unitary Plan, existing district and regional plans

iv.  Support the objectives of the Regional Pest Management Strategy, which is a statutory document.

15. In the next financial year (2014-2015), the local board has re-focused its budget priorities to include funding for a kauri dieback community coordinator and weed management initiatives which will support council to deliver on its statutory obligations to protect, restore and enhance the heritage area.

16. There is a need to establish appropriate service levels for environmental, biodiversity, biosecurity and heritage programmes which are implemented locally by the Waitakere Ranges Local Board, while delivering strategic objectives and outcomes for the region.

 

Population and geographical isolation

 

17. The heritage area is unique as a conservation area as it is right on the doorstep of metropolitan Auckland and has over 7000 households within the Waitakere Ranges Heritage Area, dispersed in small coastal, bush and rural villages.

 

18. Geographical isolation is a feature of households and communities in the heritage area.

 

19. Just over 40 percent of households in the local board area as a whole are within the heritage area, with its dispersed population living in relative isolation.  The funding policy does not give an appropriate weighting to geographical isolation in the Waitakere Ranges Local Board area.

 

20. Residents of these communities are largely self-reliant, and often run and maintain their own community facilities and services, such as volunteer fire brigades, surf lifesaving clubs, community-run libraries and halls.  Services that are provided elsewhere by government, private enterprise and NGO agencies such as CABs are largely absent.  Council needs to look at how to provide public services to these areas to complement and foster that self-reliance.

 

21. The funding policy allows little scope for the local board to be responsive and adaptive to the sometimes idiosyncratic needs of its local communities.

 

Local rates

22. The Waitakere Ranges Local Board strongly opposes the proposal for local activities to be funded by a local rate as it will create further inequities for ratepayers across the region.

23. Introducing a local rate runs counter to the objectives of Auckland’s local government amalgamation, and the introduction of a single rating system. The expected benefits of becoming a unitary authority would be undermined.

24. A local rate would, we believe, prove to be highly unacceptable to communities in the Waitakere Ranges and elsewhere across the region. Its introduction would risk bringing about a similar situation to the so-called “rates revolt” of 2003, which was part of the background that led to Auckland’s local government reorganisation.


Citizenship ceremonies and ANZAC day commemorations

25. Citizenship Ceremonies budgets should not be included in the LDI category as they are not a discretionary activity. 

26. ANZAC Day commemorations should not be a discretionary locally driven initiative, particularly with regard to the service in Waikumete Cemetery where some 10,000 servicemen and women are buried. A service level with appropriate funding level should be set in recognition of the significance of this national day, which is developing as a true “New Zealand” day.

Support for working party recommendations (in part)

27. The Waitakere Ranges Local Board:

A.   Notes that council has moved towards a single rating system resulting in the region being rated on an equal basis.  However, equity in asset and service provision has not yet been addressed.

B.   Notes that locally driven initiatives and local asset based services account for approximately one and ten percent, respectively, of council’s total operating costs, and recommend that further work is undertaken to determine whether 11 percent of Auckland Council’s budget is an appropriate share for local activities

C.  Support work to determine the appropriate amount of budget for local boards to successfully deliver upon their role, noting the current allocation is based on legacy council budgets

D.  Notes that current locally driven initiative allocations allow for minimal discretion for most local boards and any reduction will impact on existing service levels

E.   Endorse the process and timelines for the Local Boards Funding Policy, provided that the work on service level equity issues and asset provision is progressed in parallel to the local boards funding policy

F.   Request that the work programme to address service level equity issues and asset provision includes a staging of the key deliverables, with prioritised asset classes and service levels for review be presented to the Local Boards Funding Policy Political Working Party on 6 May 2014

G.  Supports Great Barrier Local Board being excluded from the funding policy because of its special attributes: a small population, large land area, and geographical isolation.

H.  Request that work be undertaken to:

i.    understand which council business units have corporate overheads, activity and programming budgets that have a direct relationship with the role of local boards and their decision-making (in particular budgets held by the Community Development, Arts and Culture department), with a view to shift these budgets to local boards, or increase their ability to influence and change budgets to deliver services that reflect their communities

ii.    determine whether Business Improvement District (BIDs) corporate overheads should be shifted to local asset based services, as the administrative components (i.e. staffing) are allocated based on the rate collected via the BID, and agreed by the BID and the governing body, not the local boards

I.    Recommend that general rate allocation scenarios are developed where no local board receives any reduction in funding for consideration.

J.   Recommend that:

i.    local rates are not considered as a viable option

ii.    asset based service levels are funded by the general rate.

iii.   locally driven initiatives are funded via the general rate as local initiatives are core council activities, essential to cohesive communities and Auckland being the world’s most liveable city

K.   Note that local rates can lead to inequity and affordability issues and can lock in legacy council funding models

L.   Recommend that with respect to the allocation method for locally driven initiatives under general rate funding, agree that population should be the main factor, as population tends to be a key driver of the demand for services:

i. and that an adjustment for deprivation should also be applied, as areas of deprivation have characteristics that may indicate a greater dependency on local services

ii. and that an adjustment for geographic isolation should also be applied

iii.      and that the notion of land area be expanded to include a weighting for all land matters including environmental protection and enhancement

iv.     and that there should not be an adjustment for rates collected.

 

Attachments

 

As background information to our feedback we have provided:

 

Attachment A:     Waitakere Ranges Heritage Area – shared work programme –  report to Regional Development and Operations Committee (March 2012)

Attachment B:      Waitakere Ranges Heritage Area Act 2008 (extract)

Attachment C:     Auckland Plan – Chapter 7 Auckland’s Environment  (strategic directions)


Waitākere Ranges Local Board

22 May 2014

 

 

 

Attachment A

 

 

 

 

 

Report to Regional Development and Operations Committee on shared work programme for Waitakere Ranges Heritage Area


Waitakere Ranges Heritage Area Programme

File No.: CP2012/03362

 


Executive Summary

The Waitakere Ranges Heritage Area Programme had its genesis in 2004 as a joint project between the former Auckland Regional Council, Rodney District Council, Waitakere City Council and local Members of Parliament to better manage the Waitakere Ranges. A key focus of this project was to establish the Waitakere Ranges Heritage Area Act 2008 (the Act), and achieve accompanying statutory changes to the Auckland Regional Policy Statement and the Waitakere City District Plan, so that multiple layers of statutory protection would be in place to protect the Waitakere Ranges in perpetuity.

 

The Act identifies heritage features with the Heritage Area and establishes a number of objectives that seek to protect, restore, and enhance these features and consider impacts in a holistic and precautionary manner.  The Act also addresses and provides for the social, economic, environmental, and cultural well-being of communities in the Heritage Area.

 

The Waitakere Ranges Heritage Area Programme is an umbrella for the Auckland Council projects that advance the purpose and objectives of the Waitakere Ranges Heritage Area Act. The former Waitakere City and Auckland Regional Councils, together with iwi and the community, initiated a number of projects that significantly contribute to meeting the objectives of the Act.  Some of these were completed, others have been handed over to the Auckland Council as legacy projects, and others have been identified to meet statutory requirements or address particular issues, but have yet to commence.

The purpose of this report is to:

·    inform the Regional Development and Operations Committee about the Waitakere Ranges Heritage Area Programme and its guiding legislation, the Waitakere Ranges Heritage Area Act 2008; and

·    seek endorsement from the Regional Development and Operations Committee for the continuation of the Waitakere Ranges Heritage Area Programme.

 


 

Recommendations

a)         That the report be received.

b)         That the Regional Development and Operations Committee endorse the ongoing planning and delivery of the Waitakere Ranges Heritage Area Programme as a key legacy initiative strongly aligned to the draft Auckland Plan.

c)         That officers report on a six-monthly basis to the Planning and Urban Design Forum on activities being undertaken under the Waitakere Ranges Heritage Area Programme.

 



Background

Location and description of the Waitakere Ranges Heritage Area

The Waitakere Ranges Heritage Area forms the western backdrop of metropolitan Auckland.  It comprises an area of some 27,700 ha of public and private land located between the western urban fringe of Auckland and the coast of the Tasman Sea to the west, between the Manukau Harbour coastline to the south and the Waitakere Valley to the north.  It is indicated by the hatching on the map below.

WRHA1

Fig 1: Location map

The area is treasured by its residents, Aucklanders, national and international visitors and tangata whenua alike for many reasons, including for its:

·      exceptional landscape and beauty;

·      unique native forests, wetlands, streams, lakes and dunes;

·      ecological diversity and wildlife, including mainland wildlife sanctuaries;

·      inspirational, artistic and spiritual values, which attract artists of national and international standing;

·      associations and sites of significance to Te Kawerau a Maki and Ngati Whatua;

·      European heritage sites associated with early settlers, including kauri logging, pastoral farming, orchard and vineyard cultivation and naval trading;

·      excellent recreational opportunities, with an exceptional network of tracks through public and private land, including the Hillary Trail and surf beaches of international reputation;

·      significance as a source of public water supply, with five reservoirs managed by Watercare within the Regional Park;

·      importance to the tourism and recreation industries and a regular film location;

·      active local communities who have significantly contributed over the years to the preservation and restoration of native forest, riparian and coastal environments.

Legislative context: Waitakere Ranges Heritage Area Act 2008

The Waitakere Ranges Heritage Area Programme had its genesis in 2004 as a joint project between the former Auckland Regional Council, Rodney District Council, Waitakere City Council and local Members of Parliament to better manage the Waitakere Ranges. A key focus of this project was to establish the Waitakere Ranges Heritage Area Act (the Act), and achieve accompanying statutory changes to the Auckland Regional Policy Statement and the Waitakere City District Plan, so that multiple layers of statutory protection would be in place to protect the Waitakere Ranges in perpetuity.

 

The Act received the royal assent on 8 April 2008.  The Act establishes the Waitakere Ranges Heritage Area as being of national, regional, and local significance and promotes the need to protect and enhance its heritage features for present and future generations.  A map showing the boundaries of the Heritage Area is provided in Attachment A.  The committee should note that the Heritage Area extends further than the Waitakere Ranges Regional Park and encompasses the majority of the Waitakere Ranges Local Board area. 

 

The Act identifies heritage features with the Heritage Area and establishes a number of objectives that seek to protect, restore, and enhance these features and consider impacts in a holistic and precautionary manner.  The Act also addresses and provides for the social, economic, environmental, and cultural well-being of communities in the Heritage Area.  The Act prevails over the Auckland Plan and the Council must ensure that the Auckland Plan provisions are not inconsistent with the purpose and objective of the Act (s18).

 

In particular, the Act promotes the avoidance of adverse effects (including potential and cumulative effects) on the heritage features and recognises that the heritage area has little capacity to absorb further subdivision, with particular reference to protecting landscapes and a rural character, ecosystems, water supply functions, and the Waitakere Ranges Regional Park; while enabling people’s wellbeing. The Act gives guidance to a number of statutory processes relating to the Resource Management Act 1991 and Local Government Act 2002. 

 

With regard to the legal framework embedded in the Act, Attachment B illustrates:

§ key statutory requirements and planning and management mechanisms provided for under the Act to achieve its objectives (Diagram 1); 

§ key heritage features and objectives of the Act, grouped into social, economic, cultural and environmental outcomes (Diagram 2).

 

Waitakere Ranges Heritage Area Programme

The Waitakere Ranges Heritage Area Programme is an umbrella for the Auckland Council projects that advance the purpose and objectives of the Waitakere Ranges Heritage Area Act 2008 (the Act).  The former Waitakere City and Auckland Regional Councils, together with iwi and the community, initiated a number of projects that significantly contribute to meeting the objectives of the Act.  Some of these were completed, others have been handed over to the Auckland Council as legacy projects, and others have been identified to meet statutory requirements or address particular issues, but have yet to commence.

These projects include:

-     operational programmes, part of Council’s “business as usual” work, which contributes to achieving the objectives of the Act;

-     community-based projects and programmes;

-     Heritage Area-wide programmes which respond to statutory obligations under the Act;

-     targeted programmes which respond to specific issues or opportunities.

Operational programmes

Text Box: Operational programmes are managed by a range of Council units, principally within 
§	Parks, Sports and Recreation; 
§	Infrastructure and Environmental Services; 
§	Regional Strategy, Community and Cultural Policy;
§	Environmental Strategy and Policy; 
§	Civil Defense and Emergency Management; 
§	Watercare Services; 
§	Auckland Transport.  
These projects include:

-     the management of the Waitakere Ranges Regional Park and local parks;

-     biosecurity (pest plant and animal management), biodiversity, ecological research and monitoring programmes;

-     stormwater catchment management planning;

-     waste water management;

-     water supply management;

-     cultural heritage protection;

-     civil defence and emergency management;

-     road and footpath development and maintenance.

 

Community-based projects and programmes

A core group of projects are based in local communities and have a dual community development and environmental education focus.  These projects acknowledge the desire by local communities in the Waitakere Ranges area to be actively involved in the planning and management of their environment.  These initiatives have been instrumental in promoting the objectives of the Act among these communities and implementing cost-effective, community-led initiatives to achieve these objectives.  They also provide building blocks for the setting of long term aspirations for the area.  They include:

-     Text Box: Council units involved in these projects are principally within: 
§	Regional and Local Planning; 
§	Community Development, Arts and Culture;  
§	Parks, Sports and Recreation; 
§	Infrastructure and Environmental Services; 
§	Environmental Strategy and Policy; 
§	Economic Development.

Local Area Plans: these plans are developed by the Council in collaboration with the community, stakeholders and tangata whenua.  These plans provide long term objectives in relation to the future amenity, character, and environment of the area and the wellbeing of the local community.  They set out a plan of actions and inform decision making processes that relate to the Heritage Area. Three Local Area Plans (LAPs) have been completed so far for Oratia, Waiatarua and Henderson Valley/Opanuku areas, and background research and consultation has been initiated in anticipation of the preparation of a fourth LAP at Bethells/Te Henga/Waitakere Valley.

Attachment C clarifies the function of Local Area Plans within the Auckland spatial planning framework. 

-     community voluntary activity supported by the Council, including Sustainable Neighbourhoods, River Care and Beach Care groups (supported by programmes such as the Environmental Initiatives Fund), and Enviro-schools;

-     partnerships between the Council and community groups, such as Ark in the Park, La Trobe Mainland Island, Whatipu Scientific Reserve. 


 

Heritage Area-wide programmes

Text Box: Contributing units are based principally in:
§	Regional Strategy, Community and Cultural Policy;
§	Infrastructure and Environmental Services; 
§	Parks, Sports and Recreation; 
§	Environmental Strategy and Policy; 
§	Regional and Local Planning; 
§	Maori Strategy and Relations;
§	Auckland Transport.
Some initiatives, which apply to the whole, or large parts of the Heritage Area, have been identified to respond to statutory obligations under the Act.  They include:

-     a monitoring report required under the Act;

-     regulatory changes and input into the Operative Plan/Unitary Plan to implement the Act and/or Local Area Plans;

-     input of provisions appropriate to the heritage area into the Auckland Transport Code of Practice, and into other current or future standards utilised by the Council or its CCOs;

-     the development of Deeds of Acknowledgement, as provided for under the Act. These deeds acknowledge the historical, traditional, cultural or spiritual relationship of tangata whenua with any land in the heritage area, and identify any specific opportunities for contribution by the tangata whenua to the management of public land;

-     the development of non-regulatory tools to promote the objectives of the Act, such as rates relief/exemptions, land purchase and sustainable land management plans.

 

Targeted projects and programmes

Text Box: Council units involved in these projects are principally within:
§	Regional and Local Planning; 
§	Maori Strategy and Relations;
§	Community Development, Arts and Culture;  
§	Parks, Sports and Recreation;
§	Auckland Transport;
§	ATEED.
These programmes aim to respond to particular issues or opportunities which have generally been identified through community and tangata whenua consultation processes.  While they are not directly mandated under the Act, they are planning and implementation mechanisms that contribute to achieving the purpose and objectives of the Act.

-     the Waitakere Ranges Visitor Strategy (a priority of the Waitakere Ranges Local Board);

-     the development of a marae at Te Henga (a long-running project initiated by Waitakere City Council and Te Kawerau a Maki);

-     the development of new public walkways linking communities and/or linking the Regional Park’s tracks network with urban area trails, coastal villages, recreational attractions and/or Auckland’s public transport network.

 

Alignment with the Draft Auckland Plan

The Waitakere Ranges Heritage Area is identified in the Draft Auckland Plan (Sept 2011) as:

-     an area of cultural heritage significance;

-     an area of environmental tourism opportunities;

-     a ‘biodiversity jewel’, including the Whatipu Scientific Reserve and Te Henga wetland – Auckland’s only internationally significant wetland;

-     a key destination and habitat for rare and endangered wildlife, including birds travelling between the Hauraki Gulf Islands and the ranges, or nesting on the beaches and the wetland, and marine mammals such as Maui’s Dolphins;

-     a significant terrestrial, coastal and freshwater ecological area;

-     an area with significant landscape, natural character and natural features;

-     an area with significant recreational and public open space areas, including the Waitakere Ranges Regional Park, Matuku Reserve at Bethells Beach/Te Henga, the West Coast and Manukau Harbour beaches and the Hillary trail, with potential for a future trail in the ranges foothills linking with urban Auckland.

The Waitakere Ranges Heritage Area Programme complements Priority 1 of the Urban Auckland chapter to ‘realise a quality, compact city’.  As Auckland’s urban area becomes more compact and populated, the Waitakere Ranges and other similar areas of recreational, aesthetic and spiritual retreat from the bustle of city life, located right on the city’s doorstep, will contribute increasingly to the liveability of the city.   The flip-side of a compact city policy is good management of the adjacent rural areas to maintain rural and natural landscape and heritage values.

Current state of the programme

Going forward, it is anticipated that the Waitakere Ranges Heritage Area Programme will see more projects initiated in the future, as the Local Area Plans are developed and their actions implemented, and the Council and communities work out innovative and effective ways to achieve the purpose of the Act.

The Waitakere Ranges Heritage Area Programme seeks to provide an integrated response to the Council’s responsibilities under the Act, and a mechanism for cross-unit/department teams to establish and work towards common objectives.  To achieve this, an overarching governance structure is currently being confirmed by Tier 3 and 4 management, to enable the coordination and strategic alignment of projects across the Council.  This process is being led by the Regional and Local Planning Department through the Area Spatial Planning team.

 

While many of the projects are underway, some components of the programme still need to be established, including aspects that are mandated by the legislation.  For example, the Act requires that a monitoring report be prepared by April 2013, which will require a new workstream to be set up.  Therefore the process to establish the programme will also be required to determine priorities for the programme, taking into account staff and budget resources, projects that are already established and/or committed, and also statutory requirements. 

Decision Making

 

The Waitakere Ranges Heritage Area Programme has a statutory mandate under the Waitakere Ranges Heritage Area Act 2008 and is part of the Area Spatial Planning legacy initiatives. The purpose of the report is to seek endorsement for the on-going planning and delivery of this programme.

It should be noted that decision-making for the programme itself lies with both the Governing Body and the Waitakere Ranges Local Board, as it addresses issues, and leads to the development of activities, programmes and infrastructure, of both regional and local significance.

Significance of Decision

 

The Waitakere Ranges Heritage Area programme largely contains ongoing plans, programmes, projects and operational activity from the former Waitakere City Council and Auckland Regional Council, that remain of importance to the area and the region. It is a comprehensive body of work involving extensive stakeholder and community involvement.

This decision does not trigger the Significance Policy. 

Consultation

 

For the purpose of this report, no public consultation was required.  However, the projects that sit within the Waitakere Ranges Heritage Area Programme have their own engagement processes with local communities, tangata whenua and stakeholders. 

Maori Impact Statement

 

The Waitakere Ranges Heritage Area Programme was initiated, developed and implemented by the Waitakere City Council and the Auckland Regional Council prior to 2010. These councils had obligations and processes for engaging and consulting tangata whenua for the area, namely Te Kawerau a Maki and Ngati Whatua. Both iwi have been very supportive of the programme.  Te Kawerau a Maki, in particular, is actively involved with initiatives such as the development of a marae at Te Henga.

The Waitakere Ranges Heritage Area Act provides for the development of Deeds of Acknowledgement that may be entered into by the Council and tangata whenua, namely Te Kawerau a Maki and Ngati Whatua.  Deeds of Acknowledgement recognise the particular relationship of tangata whenua with any land in the Heritage Area, and identifies opportunities for contribution by tangata whenua to the management of public land. The Act also provides for additional consultation processes that enable tangata whenua to contribute to decision-making processes of the Council in its implementation of the Act.

 

The Waitakere Ranges Heritage Area Programme provides opportunities for Maori to pursue social, cultural, economic and environmental activities within the Waitakere Ranges Heritage Area.

Local Board Views

 

The Waitakere Ranges Heritage Area is almost wholly within the Waitakere Ranges Local Board area (refer map in Attachment A).

 

The first priority in the Waitakere Ranges Local Board Plan is “Stewardship of the Waitakere Ranges Heritage Area”.  The plan makes specific reference to the implementation of actions to achieve the objectives of the Waitakere Ranges Heritage Area Act, and more particularly:

-     a visitor management strategy for the Heritage Area, involving the community, to address and manage competing demands between the imperative of protecting the Heritage Area and the desire for recreation, tourism and development;

-     the maintenance and construction of tracks and trails;

-     the expansion of the regional park;

-     water safety initiatives;

-     weed and pest programmes, including community projects and partnerships;

-     measures to prevent the spread of kauri die-back disease;

-     water quality management in rivers and lagoons;

-     the enhancement of natural and cultural heritage, including mäori heritage;

-     the preservation of local character through the development of local area plans;

-     the establishment of a marae at Te Henga;

-     the development of deeds of acknowledgement with Te Kawerau a Maki and Ngati Whatua.

The Waitakere Ranges Heritage Area Programme incorporates all of the actions advocated by the Waitakere Ranges Local Board in their Local Board Plan.  The Waitakere Ranges Local Board has been involved in a number of workshops and reporting in relation to components of the Waitakere Ranges Heritage Area Programme.

Financial and Resourcing Implications

 

The delivery of projects under the Waitakere Ranges Heritage Area Programme is the responsibility of a number of teams across the Council and Council Controlled Organisations.  Many of the programmes under operational teams have staff, operational and capital expenditure available for initiatives located within the Heritage Area, as part of their region-wide budget.  Other more specific budget lines have been identified by department managers or the Waitakere Ranges Local Board for inclusion in the Long Term Plan.  Any additional resource needs identified through the on-going review of the programme will be reported to the Regional Development and Operations Committee.

Legal and Legislative Implications

 

There are no legal implications in relation to this report.  However it should be noted that Auckland Council must, when making a decision that relates to the Heritage Area, have regard to the purpose and objectives of the Waitakere Ranges Heritage Area Act.

Implementation Issues

 

This report does not in itself trigger any implementation issues.  However, many of the legacy projects that are part of the Waitakere Ranges Heritage Area Programme are in the implementation stages, using both statutory and non-statutory mechanisms, for example, district plan changes, operational programmes or community partnership programmes. Budgets are also identified in the draft Long Term Plan for the preparation of Local Area Plans and a Visitor Management Strategy.  The delivery of the expected outcomes will rely on the continuing identification and commitment of funding in future years to projects and operational activity aligned with the Waitakere Ranges Heritage Area Act, the Waitakere Ranges Local Board Plan and the Auckland Plan.

 

 


Attachments

No.

Title

Page

a

Map of the Waitakere Ranges Heritage Area

 

b

Diagram 1:  Key statutory requirements and planning and management mechanisms provided for under the Act
Diagram 2: Key heritage features and objectives of the Act

 

c

Local Area Plans and the Council Planning Framework

 

 

Signatories

Authors

Claire Liousse – Planner, Area Spatial Planning West

Reviewer

Vanita Ranchhod - Team Leader, Area Spatial Planning West

Reviewer

John Duguid - Manager, Plan Development

Authorisers

Penny Pirrit – Manager: Regional and Local Planning

Roger Blakeley – Chief Planning Officer

 

 

 

 


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22 May 2014

 

 

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Waitākere Ranges Local Board

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Attachment B

 

Waitakere Ranges Heritage Area Act 2008 (extract)

 

Part 1

 

3.         Purpose

(1) The purpose of this Act is to—

(a) recognise the national, regional, and local significance of the Waitakere Ranges heritage area; and

(b) promote the protection and enhancement of its heritage features for present and future generations.

(2) To this end, the Act—

(a) establishes the Waitakere Ranges heritage area; and

(b) states its national significance; and

(c) defines its heritage features; and

(d) specifies the objectives of establishing and maintaining the heritage area; and

(e) provides additional matters for the Auckland Council and certain other persons to consider when making a decision, exercising a power, or carrying out a duty that relates to the heritage area

Part 2

7.         National significance and heritage features of heritage area

 (1) The heritage area is of national significance and the heritage features described in subsection (2), individually or collectively, contribute to its significance.

            (2) The heritage features of the heritage area are—

(a) its terrestrial and aquatic ecosystems of prominent indigenous character that—

(i) include large continuous areas of primary and regenerating lowland and coastal rainforest, wetland, and dune systems with intact ecological sequences:

(ii) have intrinsic value:

(iii) provide a diversity of habitats for indigenous flora and fauna:

(iv) collect, store, and produce high quality water:

(v) provide opportunities for ecological restoration:

(vi) are of cultural, scientific, or educational interest:

(vii) have landscape qualities of regional and national significance:

(viii) have natural scenic beauty:

(b) the different classes of natural landforms and landscapes within the area that contrast and connect with each other, and which collectively give the area its distinctive character:

(c) the coastal areas, which—

(i) have a natural and dynamic character; and

(ii) contribute to the area’s vistas; and

(iii) differ significantly from each other:

(d) the naturally functioning streams that rise in the eastern foothills and contribute positively to downstream urban character, stormwater management, and flood protection:

(e) the quietness and darkness of the Waitakere Ranges and the coastal parts of the area:

(f) the dramatic landform of the Ranges and foothills, which is the visual backdrop to metropolitan Auckland, forming its western skyline:

(g) the opportunities that the area provides for wilderness experiences, recreation, and relaxation in close proximity to metropolitan Auckland:

(h) the eastern foothills, which—

(i) act as a buffer between metropolitan Auckland and the forested ranges and coasts; and

(ii) provide a transition from metropolitan Auckland to the forested ranges and coast:

(i) the subservience of the built environment to the area’s natural and rural landscape, which is reflected in—

(i) the individual identity and character of the coastal villages and their distinctive scale, containment, intensity, and amenity; and

(ii) the distinctive harmony, pleasantness, and coherence of the low-density residential and urban areas that are located in regenerating (and increasingly dominant) forest settings; and

(iii) the rural character of the foothills to the east and north and their intricate pattern of farmland, orchards, vineyards, uncultivated areas, indigenous vegetation, and dispersed low-density settlement with few urban-scale activities:

(j) the historical, traditional, and cultural relationships of people, communities, and tangata whenua with the area and their exercise of kaitiakitanga and stewardship:

(k) the evidence of past human activities in the area, including those in relation to timber extraction, gum-digging, flax milling, mineral extraction, quarrying, extensive farming, and water impoundment and supply:

(l) its distinctive local communities:

(m) the Waitakere Ranges Regional Park and its importance as an accessible public place with significant natural, historical, cultural, and recreational resources:

(n) the public water catchment and supply system, the operation, maintenance, and development of which serves the people of Auckland

 


8. Heritage area objectives

 

The objectives of establishing and maintaining the heritage area are—

(a) to protect, restore, and enhance the area and its heritage features:

(b) to ensure that impacts on the area as a whole are considered when decisions are made affecting any part of it:

(c) to adopt the following approach when considering decisions that threaten serious or irreversible damage to a heritage feature:

(i) carefully consider the risks and uncertainties associated with any particular course of action; and

(ii) take into account the best information available; and

(iii) endeavour to protect the heritage feature:

(d) to recognise and avoid adverse potential, or adverse cumulative, effects of activities on the area’s environment (including its amenity) or its heritage features:

(e) to recognise that, in protecting the heritage features, the area has little capacity to absorb further subdivision:

(f) to ensure that any subdivision or development in the area, of itself or in respect of its cumulative effect,—

(i) is of an appropriate character, scale, and intensity; and

(ii) does not adversely affect the heritage features; and

(iii) does not contribute to urban sprawl:

(g) to maintain the quality and diversity of landscapes in the area by—

(i) protecting landscapes of local, regional, or national significance; and

(ii) restoring and enhancing degraded landscapes; and

(iii) managing change within a landscape in an integrated way, including managing change in a rural landscape to retain a rural character:

(h) to manage aquatic and terrestrial ecosystems in the area to protect and enhance indigenous habitat values, landscape values, and amenity values:

(i) to recognise that people live and work in the area in distinct communities, and to enable those people to provide for their social, economic, environmental, and cultural well-being:

(j) to provide for future uses of rural land in order to retain a rural character in the area:

(k) to protect those features of the area that relate to its water catchment and supply functions:

(l) to protect in perpetuity the natural and historic resources of the Waitakere Ranges Regional Park for their intrinsic worth and for the benefit, use, and enjoyment of the people and communities of the Auckland region and New Zealand


Waitākere Ranges Local Board

22 May 2014

 

 

Attachment C

Auckland Plan: Chapter 7 – Auckland’s Environment

ACKNOWLEDGE THAT NATURE AND PEOPLE ARE INSEPARABLE
(Strategic Direction 7)

Directive 7.1

Acknowledge and account for ecosystem services when making decisions for Auckland.

Directive 7.2

Recognise and promote:

§ the contribution of natural heritage to urban character, quality, amenity and sense of place

§ natural heritage as part of sustainable rural land management

§ opportunities for conservation of natural heritage on public open space and private land.

 

Directive 7.3

Identify significant landscapes, landscape character, natural character and natural features, and appropriately manage these to protect and enhance their biophysical and sensory qualities, and associated values.

Directive 7.4

Identify places of high natural heritage value, and where appropriate, protect, manage and expand public open space areas so they can be enjoyed by everyone.

Directive 7.5

Protect ecological areas, ecosystems and areas of significant indigenous biodiversity from inappropriate use and development, and ensure ecosystems and indigenous biodiversity on public and private land are protected and restored.

Auckland is defined by its natural heritage on land and in water. The concept of natural heritage refers to biodiversity, landscapes, geological features, natural character, and relationship with public space and private land; these all contribute to Auckland’s identity, character and amenity. Rangitoto, Hauturu (Little Barrier), Maungakiekie (One Tree Hill), Maungawhau (Mt Eden), the Ōtuataua Stonefields, Puketūtū Island, the Waitākere Ranges and our many harbours are some examples of natural heritage.

Our natural heritage contributes to our sense of place, and it benefits us in our daily lives. These benefits, termed ecosystem services, include resources (such as soils for food production) and processes (such as filtering pollution).Ecosystem services provided by indigenous species underpin many recreational and eco-tourism opportunities. The challenge in managing ecosystem services is that we cannot manage well what we do not measure. Future decisions must account for the true value of nature and its benefits.


Waitākere Ranges Local Board

22 May 2014

 

 

Waitakere Ranges Local Board feedback on CCO Review

General comments

1.    CCOs need to deliver against Auckland Council policies and plans, including local boards’ policies and plans.  The local board is concerned that there is limited accountability to Auckland Council in many cases. Project delivery is occurring with no reference to Auckland Council’s objectives.  For example, ACPL is pursuing extension of Te Henga quarry when all the policies of the council are against this.

2.    Functional silos are being created with the singular interests of CCOs. There appears to be limited geographical integration at a regional or local level. It is difficult to co-ordinate a programme of work across local boards, CCOs and council. An example of this is the very fragmented delivery of pest plant control with AT being a leading player.

3.    The board strongly supports the view that Auckland Council needs to retain control of public strategy and policy at the regional and local level because it takes a broader view than CCOs. There is a need to retain strategic capability within council to enable staff to provide contestable advice. If CCOs control too much of the strategy chain, it is difficult for council to challenge the advice they are receiving from CCOs. The specialist advice necessary to critically examine and, if necessary, challenge CCO views needs to be available to local boards as well as to the Governing Body.

4.    A weakness of the CCO structure from a place-based perspective is that the relationship is predominantly with the Governing Body, with very limited relationship and responsibility given to local boards, though this is improving.

5.    There appears to be limited local transparency around CCOs reporting in a local board environment. There is a focus on verbal/workshop-based interactions rather than preparing/proposing options for consideration through business cases or agenda reports.

6.    The role of local boards in place-making needs to be seen as value-adding by CCOs.

7.    Auckland Transport and Watercare, in particular, need to engage with local boards on local priorities, in relation to recognising local place-making plans and strategies.

8.    In terms of integration, and the approach of the City Centre Integration Group, the Waitakere Ranges Local Board would like to see full participation and commitment to the Waitakere Ranges Heritage Area programme coordination group by AT, Watercare, ACPL, and ATEED, to ensure integration across the wider council family on activities in the heritage area.

Auckland Transport

9.    Management of local roads, including footpaths and the wider road reserve, should come back into the management of Auckland Council, especially in rural areas.

10.  AT needs to have a direct relationship with the community and should not be using local boards as a buffer. In many cases AT does not appear to manage or respond to community requests or concerns that are beyond simple service request level. Rather the local board is held up as the contact point. 

11.  AT needs to develop a policy for directly engaging with the community. Greater clarity is required around the inter-relations and roles of local boards, the community and Auckland Transport.

12.  However, it should be noted that AT has been developing a pilot programme on consultation, engagement and communication in the WRLB area, and the WRLB would like to see this progressed and implemented as a high priority.

13.  The local board needs to be able to talk directly to the Auckland Transport staff responsible who are mandated to make a decision.  In many cases, staff present do not have the mandate to offer solutions beyond the level of their delegations and responsibilities. At a meeting, it is frustrating for elected members to hear that the person they have been speaking to has no authority or mandate to act.

14.  Furthermore, fragmented or partial views are often presented to the local board. The AT officers present can only speak to part of the issue, or note the question and report back. This is highly inefficient and stifles discussion.

ATEED

15.  ATEED’s big ideas do have local impacts and engagement with local boards needs to happen before they are taken forward. ATEED is sometimes at cross purposes with the local board and seems to consider it can pursue projects in the local board area without reference to the local board.

16.  With regard to local economic development, ATEED is linked into discussions with local board portfolio holders, but do not generally consult local boards on regional aspirations.

ACPL

17.  We have recently had the situation where ACPL is pursuing extension of the Te Henga quarry against the wishes of the local board, and against all policies and plans of the council.

18.  It seems that ACPL is able to drive the inclusion of reports on agendas, whereas the local board believes agendas should be developed between elected members and council officers.

19.  We also have concerns that information received from ACPL is not always reliable and elected members have been put in embarrassing situations when they have proceeded on the basis of ACPL advice.

 

    

  


Waitākere Ranges Local Board

22 May 2014

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.2      Attachment a    Zeal Education Trust deputation                    Page 137


Waitākere Ranges Local Board

22 May 2014