I hereby give notice that an ordinary meeting of the Manukau Harbour Forum will be held on:

 

Date:††††††††††††††††††††††

Time:

Meeting Room:

Venue:

 

Monday, 8 June 2015

11.00am

Māngere-Otāhuhu Local Board Office
Shop 17
93 Bader Drive
Māngere Town Centre

 

Manukau Harbour Forum

 

OPEN AGENDA

 

MEMBERSHIP

 

Chairperson

Member Jill Naysmith

Franklin Local Board

Deputy Chairperson

Member Saffron Toms

Waitakere Ranges Local Board

Members

Member Ami Chand

Whau Local Board

 

Member Carrol Elliott, JP

Mangere-Otahuhu Local Board

 

Member Lotu Fuli

Otara-Papatoetoe Local Board

 

Member Bridget Graham, QSM

Maungakiekie-Tamaki Local Board

 

Member Graham Purdy

Papakura Local Board

 

Member Michael Wood

Puketapapa Local Board

 

Member Daryl Wrightson

Manurewa Local Board

Alternate Members

Member Simeon Brown

Manurewa Local Board

 

Member Brett Clark

Maungakiekie-Tamaki Local Board

 

Member Alan Cole

Franklin Local Board

 

Member Fa'anana Efeso Collins

Otara-Papatoetoe Local Board

 

Member Angela Dalton

Manurewa Local Board

 

Member Catherine Farmer

Whau Local Board

 

Member Neil Henderson

Waitakere Ranges Local Board

 

Member David Holm

Puketapapa Local Board

 

Member Danella McCormick

Manurewa Local Board

 

Member Leau Peter Skelton

Mangere-Otahuhu Local Board

(Quorum 5 members)

 

 

 

Riya Seth

Democracy Advisor

3 June 2015

Contact Telephone: (09) 826 5103

Email: riya.seth@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 


 

 


Manukau Harbour Forum

08 June 2015

 

ITEM†† TABLE OF CONTENTS††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† PAGE

1††††††††† Welcome†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

2††††††††† Apologies††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

3††††††††† Declaration of Interest†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

4††††††††† Confirmation of Minutes†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

5††††††††† Leave of Absence††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

6††††††††† Acknowledgements†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

7††††††††† Petitions††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

8††††††††† Deputations††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

8.1†††† Martin Fryer - Auckland Aiport ††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 5

9††††††††† Public Forum††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 6

10††††††† Extraordinary Business††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 6

11††††††† Notices of Motion††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† 6

12††††††† Manukau Harbour Forum: Legislative Change Requiring Binding Agreement†††† 7

13††††††† Manukau Harbour Forum Work Programme update

This report was not available when the agenda was compiled and will be

tabled at the meeting.

††

14††††††† Consideration of Extraordinary Items†


1††††††††† Welcome

 

The Chairperson will open the meeting and welcome everyone present.

 

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.

 

4††††††††† Confirmation of Minutes

That the Manukau Harbour Forum:

a)         Confirms the ordinary minutes of its meeting, held on Monday, 13 April 2015, 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††††††††† Petitions

 

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

 

8††††††††† Deputations

 

8.1†††††† Martin Fryer - Auckland Aiport

Purpose

1.†††††† To provide feedback to the Manukau Harbour Forum (Forum) on Auckland Airportís participation in the Forumís flagship sites programme.

Executive Summary

2.†††††† As part of its 2014/2015 work programme, the Forum approved a programme of flagship site events. This programme is designed to raise awareness amongst the business community of initiatives that support improvements to water quality.

3.†††††† Auckland Airport hosted the first flagship site event on Wednesday, 6 May. Martin Fryer, Auckland Airportís Sustainability Manager, will attend the Forum meeting to provide feedback on the reasons why the airport agreed to host a flagship site event.

 

Recommendation

That the Manukau Harbour Forum:

a)††††† Receives the presentation from Martin Fryer, Sustainability Manager, Auckland Airport and thanks him for the presentation.

 

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:

 

ďAn 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.Ē

 

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

 

ďWhere 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.Ē

 

11††††††† Notices of Motion

 

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

 


Manukau Harbour Forum

08 June 2015

 

Manukau Harbour Forum: Legislative Change Requiring Binding Agreement

 

File No.: CP2015/00030

 

††

 

Purpose

1.†††††† To inform the Manukau Harbour Forum of a change in legislation that requires joint committees and forums to have binding agreements in place from 1 August 2015 and request that it forward this report and the forumís Terms of Reference to member boards to resolve on the new binding agreement at their July 2015 business meetings.

Executive Summary

2.†††††† In 2014 amendments were made to the Local Government Act 2002 that affect the Manukau Harbour Forum as a joint committee of nine local boards.

3.†††††† The existing terms of reference do not cover all the requirements under the amended legislation, as the resolutions from each member board adopting the terms of reference and establishing the forum need to be the same, i.e. showing agreement between all nine boards.

4.†††††† In light of the above a report will need to be forwarded to all member boards where they will be required to show agreement by resolution on the following:

i)††††††† The number of members each local board may appoint to the joint committee;

ii)†††††† How the joint committee chairperson and deputy chairperson are to be appointed;

iii)††††† The terms of reference of the joint committee;

iv)††††† What responsibilities are to be delegated to the joint committee by each appointee local board; and

v)††††† The process for amending the agreement.

5.†††††† At its workshop of 13 April 2015 the forum agreed to take the opportunity to update its terms of reference. A copy of the revised terms of reference showing the proposed changes is appended as Attachment A.

 

 

Recommendations

That the Manukau Harbour Forum:

a)††††† Adopts the revised Terms of Reference as set out in Agenda Attachment A

b)††††† Requests that this report be forwarded on to the nine member boards recommending that each board:

i)††††††† appoints one named member and one named alternate member to the Manukau Harbour Forum

ii)†††††† confirms that the chairperson and deputy chairperson of the Manukau Harbour Forum will be elected by a majority of members at the first meeting of each electoral term

iii)††††† confirms the revised Terms of Reference for the Manukau Harbour Forum as appended to Agenda reports

iv)††††† delegates authority to bind the local board on any decisions made by the Manukau Harbour Forum within its terms of reference

v)††††† notes that any significant or controversial decisions will only be made by the forum with the agreement by resolution of all the member boards that would be affected by the decision

vi)††††† confirms that any changes to this agreement will be agreed first by the Manukau Harbour Forum then recommended to the nine member boards for their approval, noting that resolutions must be identical

vii)†††† notes that in order for the nine member boards to agree on this new binding agreement for the Manukau Harbour Forum, the resolutions made in respect of recommendations b) i)-v) above (with the exception of b) i) where appointees must be named) must be identical and that in the absence of identical resolutions by all member boards the Forum will not meet the requirements under clause 30a of Schedule 7 to the Local Government Act 2002.†††

 

 

Discussion

6.†††††† In 2014 amendments were made to the Local Government Act 2002, in particular Schedule 1AA Clause 5 reads as follows:

Requirement to enter into agreement under clause 30A of Schedule 7

(1)†††† This clause applies to a local authority that appointed a joint committee under clause 30(1)(b) of Schedule 7 before the date of commencement of clause 30A of Schedule 7 if that committee remains in existence after that date.

(2)†††† The local authority must, within 12 months of the date of commencement of clause 30A of Schedule 7, enter into an agreement under that clause with every other local authority or public body that has appointed members to that joint committee.

(3)†††† If an agreement under clause 30A of Schedule 7 is not entered into within the period specified in subclause (2), the joint committee is deemed to be discharged by the local authority.

(4)†††† Nothing in this clause applies if the joint committee referred to in subclause (1) was constituted or continued by, or required to be constituted or continued by, an enactment other than this Act.

7.†††††† Each of the member boards resolved varying membership and delegations (Attachment B).† The Act requires agreement by resolution which means all resolutions from the boards need to be the same.

8.†††††† Analysis has been undertaken by Auckland Councilís legal services team as to whether the boards at the time of establishment covered all the necessary points within the legislation (Attachment C).† This analysis shows that the requirements of the legislation for binding agreements in regard to joint committees have not been met and the member boards will need to pass new resolutions to satisfy all the requirements of the amendments to the Act.

9.†††††† Staff recommendations regarding membership and delegations are intended to keep these as close as possible to the current situation, as previously agreed by the forum and member boards, while ensuring consistency between all member boards to satisfy the requirements for a binding agreement.

10.†††† At its workshop of 13 April 2015 the forum agreed to take the opportunity to update its terms of reference, suggesting a number of minor changes. Subsequent work on the terms of reference was undertaken by staff in consultation with the chairperson and deputy chairperson. A copy of the terms of reference showing the proposed changes is appended as Attachment A.

11.†††† Staff will forward this report with the forumís resolutions to the member boards for consideration at their July business meetings to ensure that the binding agreement can come into effect on or before 31 July 2015.

Consideration

Local Board Views and Implications

12.†††† It was agreed by the local boards through the terms of reference for the Forum that the Harbour is a regional asset and it was appropriate that Local Boards collectively contribute to strategies and outcomes that enhance the social, economic, environmental and cultural well-being of the harbour. The best way they saw this happening was through the establishment of the Forum.

13.†††† The role of the Forum is to champion the sustainable management of the Manukau Harbour and adjacent communities. They have developed a vision and strategy in line with this which was adopted in September 2014.

14.†††† The Forum has no budget allocated to projects and relies on the member boards to fund projects for their work programme.

Maori Impact Statement

15.†††† A workshop of the Manukau Harbour Forum was held on 13 April 2015 to discuss the ongoing role of mana whenua in relation to the forum, with a view to updating the forumís terms of reference to include reference to this. A separate workshop on the same day as the business meeting is scheduled to continue the discussion and confirm the direction before this item is considered at the business meeting.

16.†††† One of the proposed changes to the terms of reference is the inclusion of an additional reference to Te Tiriti o Waitangi/The Treaty of Waitangi in relation to planning matters, noting advice from officers regarding the likely impact of future Treaty settlements on the Manukau Harbour.

Implementation Issues

17.†††† The binding agreement must be entered into by all member boards prior to 31 July 2015.

 

Attachments

No.

Title

Page

aView

Draft Revised Terms of Reference

11

bView

Assessment of resolutions by member boards

13

cView

Resolutions by member boards

21

† ††††

Signatories

Author

Mary Binney - Local Board Advisor - Maungakiekie-Tamaki

Authoriser

Victoria Villaraza - Relationship Manager


Manukau Harbour Forum

08 June 2015

 



Manukau Harbour Forum

08 June 2015

 









Manukau Harbour Forum

08 June 2015

 




††††