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

 

Date:                  

Time:

Meeting Room:

Venue:

 

Tuesday, 15 November 2016

1.00pm

Claris Conference Centre
19 Whangaparapara Road
Claris
Great Barrier Island

 

Great Barrier Local Board

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Izzy Fordham

 

Deputy Chairperson

Luke Coles

 

Members

Jeff Cleave

 

 

Susan Daly

 

 

Shirley Johnson

 

 

(Quorum 3 members)

 

 

 

Guia Nonoy

Democracy Advisor

 

7 November 2016

 

Contact Telephone: (09) 301 0101

Email: guia.nonoy@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 

 


Great Barrier Local Board

15 November 2016

 

 

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

9          Public Forum                                                                                                                5

10        Extraordinary Business                                                                            5

11        Notices of Motion                                                                                      6

12        Auckland Council’s Quarterly Performance Report: Great Barrier Local Board for Quarter One, 1 July – 30 September 2016                   7

13        Allocation of funds to the Dark Skies project

This report was not available when the agenda was compiled.

14        Allocation of funds to the Kaitoke Beach Restoration Final Report 35

15        Adoption of a business meeting schedule                                           37

16        Appointment of board members to external community organisations                                                                                                                  41

17        Auckland Transport Update - November 2016

This report was not available when the agenda was compiled.

18        Swimming Pool Fencing Exemption Applications                               45

19        Urgent decision-making process                                                           49

20        Correspondence                                                                                      53

21        Governance Forward Work Calendar                                                    63  

22        Consideration of Extraordinary Items 

 

 


1          Welcome

 

Chairperson IM Fordham will welcome everyone in attendance. Member J Cleave will lead a karakia.

 

2          Apologies

 

An apology from Member S Johnson has 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 Great Barrier Local Board:

a)           confirm the ordinary minutes of its meeting, held on Wednesday, 14 September 2016 and the extraordinary minutes of its meeting, held on Saturday, 29 October 2016, 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          Petitions

 

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

 

8          Deputations

 

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Great Barrier Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

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

 

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.

 


Great Barrier Local Board

15 November 2016

 

 

Auckland Council’s Quarterly Performance Report: Great Barrier Local Board for Quarter One, 1 July – 30 September 2016

 

File No.: CP2016/22367

 

  

Purpose

1.      To provide the Great Barrier Local Board members with an integrated quarterly performance report for quarter one 2016/17, against the Local Board Agreement work programme.

Executive summary

2.      This report is the first in a new format, to provide an integrated view of performance for the Great Barrier Local Board, including; financial performance, progress against local board key performance indicators, progress against each operating department work programme, key challenges the board should be aware of and any risks associated with delayed delivery against the Great Barrier 2016/17 Work Programme.

3.      Of significance this quarter, is the completion of phase two of the Ecology Conversations project. The project was a substantial two year consultation that has culminated in a community created vision with objectives and initiatives for the island’s ecology. A report was presented to the board at the 28 September 2016 Environment Committee meeting and will become public after presentation to the community on 15 October 2016.

4.      The Great Barrier Local Board has an approved 2016/17 work programme for the following operating departments:

·        Arts, Community and Events, approved on 13 July, 2016

·        Parks, Sport and Recreation, approved on 8 June, 2016

·        Libraries and Information, approved on 8 June, 2016

·        Community Facility Renewals, approved on 13 July, 2016

·        Infrastructure and Environmental Services, approved on 13 July, 2016

5.      All operating departments with agreed work programmes, have provided a quarterly update against their work programme delivery, with all items reported as ‘green’ status (on track) except for the following which have an ‘amber’ status (moderate issues):

·        Parks, Sport and Recreation – FitzRoy Landing Reserve

·        Infrastructure and Environmental Services – Ecology Conversations

·        Infrastructure and Environmental Services – Fish passage monitoring

·        Infrastructure and Environmental Services – Great Barrier Marine Project

·        Infrastructure and Environmental Services – Tryphena Water Quality Project

·        Auckland Plan Strategy & Research – Rural Broadband 2

·        Plans & Places – Moorings Consent

·        Local Board Services - Support engagement with Ngati Rehua Ngatiwai ki Aotea

6.      Overall, the financial performance of the board against Quarter 1, FY16/17 is on track. The net cost of service is ahead of budget driven by three capacity building service agreements completed in the quarter.

7.      The Key Performance Indicators for the Great Barrier Local Board show a trend of delivery that is meeting the indicators, with the exceptions being; local parks and library environment. These are both explained further in detail in the report (Appendix D.)

8.      The overall dashboard for the Great Barrier Local Board indicates performance in the Great Barrier Local Board area is tracking positively (Appendix B.)

 

Recommendation

That the Great Barrier Local Board:

a)      note the performance report for the financial quarter ending 30 September 2016.

 

 

Comments

Key Project updates from the 2016/17 Work Programme

9.      Most operating departments with an approved 2016/17 Work Programme have provided performance report updates via SharePoint for quarter one (Appendix A). The following are progress updates against key projects identified in the Local Board Plan:

10.    Community Facilities: Renewals – Harataonga stage 4 track renewal, Te Ahumata surface renewal
This Harataonga track renewal was part of the new pedestrian bridge works. The physical works were completed in September 2016 and next steps are a practical completion handover of the track and settlement of the asset. The Civic Events team has commenced planning for the Harataonga Track opening on 12 November 2016. The civic organiser has met with the local board and carried out a site visit with the Parks team to identify operational requirements.

11.    Infrastructure and Environmental Services – Ecology Conversations
A workshop to present the vision and suggested projects to the board was held in August 2016. The board received the final report from the contractors at the 28 September 2016 Great Barrier Environment Committee meeting. A public meeting to present the final report and vision to the community was held on 15 October 2016.

Updates for 2016/17 Work Programme projects not listed in Appendix A

12.    There are four projects that have not been recorded via SharePoint and therefore not listed in appendix 2: Heritage Plan, Moorings Consent, Rural Broadband 2 and Support engagement for Ngati Rehua Ngatiwai ki Aotea. The following are progress updates against these four projects:

13.    Plans & Places – Heritage Plan
The board approved the project plan at a workshop on 24 August 2016. Half of the board’s $10,000 budget will be apportioned to the Māori Cultural Heritage Team who have begun a separate survey and are willing to share the information collected on Māori sites.  A tentative timeline for the project is 14 months (October 2016 – December 2017) starting with a visit from the project team to meet the board, History Research Group and Dave Watson, scheduled for mid-November.

14.    Auckland Plan Strategy & Research – Rural Broadband 2
Rural Broadband Initiative 2 has been delayed. Allocating money to this initiative may not be the best way forward as Great Barrier did well out of the RBI1 programme and government may focus on other underserved areas in the RBI2 programme.  The procurement process also would not align with the council’s procurement requirements including agreeing to coverage outcomes and supplier selection. The proposed budget of $10,000 may not be enough to materially influence RBI2 outcomes and would need to be included in the request for proposals expected in late 2016. The board may wish to consider options for re-allocating the $10,000 budget for the 2016/17 financial year and reassess options to fund local telecommunications initiatives in the 2017/2018 financial year.

15.    Plans & Places – Moorings Consent
This project is investigating options to address mooring issues triggered by the Auckland Unitary Plan and was on hold awaiting the plan becoming operative. Our consultant will report on the impacts of this to enable the board to consider next steps. This could involve not proceeding and re-allocating some or all, of the $40,000 budget.

16.    Local Board Services – Support engagement with Ngati Rehua Ngatiwai ki Aotea
The board’s budget of $5,000 is being matched with another $5,000 from Te Waka Angamua to fund a part-time on island engagement support person. A draft role description has been discussed with Ngati Rehua and internal processes to contract the budget to Ngati Rehua are being progressed.

Risks identified in the 2016/17 Work Programme

17.    The following are risks that have been identified by operating departments where the progress and performance indicator has been set to ‘amber’ – moderate issues which are being managed/monitored.

18.    Parks, Sport and Recreation – FitzRoy Landing Reserve
This project is dependent on an agreement with Department of Conservation which is now unlikely to be agreed in timeframe. Project is under review and $10,000 budget could be reallocated.

19.    Infrastructure and Environmental Services – Ecology Conversations
The remaining work to complete phase two of the ecology conversations project will not require the full budgeted amount of $50,000. The incoming board will need to consider options for allocating any remaining budget after October 2016 following the presentation of the vision to the community.

20.    Infrastructure and Environmental Services – Fish passage monitoring
Procurement has commenced to enable monitoring to be undertaken over the 2016/2017 summer period. Staff are working to ensure that the preferred supplier has the required health and safety accreditation to be able to undertake this work.

21.    Infrastructure and Environmental Services – Great Barrier Marine Project
This project has not yet been scoped as the project is dependent on Treaty of Waitangi settlement discussions. Staff will work to determine timeframes and options within the second quarter. If the board chooses to hold off work until the treaty settlement is agreed, this project may not be delivered in the current financial year.

22.    Infrastructure and Environmental Services – Tryphena Water Quality Project
Procurement is underway for this project to commence in summer 2016/2017. Staff are working to ensure that the preferred supplier has the required health and safety accreditation to be able to undertake this work. This may result in work being contracted through an umbrella organisation.

Financial Performance

23.    The Local Board has invested $159,000 in capital expenditure and $589,000 net operating expenditure for the first quarter ended 30 September 2016. The operating net cost of service is tracking well against budget. Grants with key community partners have been allocated and the first round of contestable grants has also been allocated. Further detail is provided in Appendix C.

Key Performance Indicators

24.    The year-end outlook is for 75 per cent of targets to be achieved or substantially achieved.

25.    The year-end outlook is below target for both of our Local Parks, Sport and Recreation measures, but this may be related to the problems of the small survey sample size for the local board area.

26.    The year-end outlook for percentage of visitors satisfied with the library environment is below target; a small amount of funding has been allocated for furniture and fittings in FY17 to help improve the result.

Consideration

Local board views and implications

27.    This report informs the Great Barrier Local Board of the performance to date for the period ending 30 September, 2016.

Māori impact statement

28.    Whilst a number of the board’s work programme projects involve Māori engagement, there are three projects with direct Māori outcome focuses. The three projects plus updates are as follows:

29.    Plans & Places – Heritage Plan
The Māori Cultural Heritage Team, as a part of a larger Māori Cultural Heritage programme, are progressing their own survey on Great Barrier. They have engaged a researcher that local iwi has provided and information on the Māori sites will be utilized in the plan.  Half of the board’s funds ($5,000) will be allocated to the Māori Cultural Heritage Team to pay local iwi for such things as their time in meetings and attendance to site visits.

30.    Local Board Services – Support engagement with Ngati Rehua Ngatiwai ki Aotea
The board’s budget of $5,000 is being match funded by Te Waka Angamua to fund a part-time on island engagement support person. This project is currently underway as mentioned in paragraph 16.

31.    Infrastructure and Environmental Services – Great Barrier Marine Project
This project is dependent on Treaty of Waitangi settlement discussions.

Implementation

32.    The Advisor for Great Barrier Local Board will continue to facilitate performance updates to the local board.

 

Attachments

No.

Title

Page

a

Great Barrier Q1 2016/17 Work Programme Report

13

b

Great Barrier Q1 Dashboard 2016/17

21

c

Great Barrier Quarterly Financial Performance Report

23

d

Great Barrier Q1 Key Performance Indicators  Report

29

      

Signatories

Author

Jacqueline Fyers – Local Board Advisor

Authorisers

Karen Lyons - General Manager Local Board Services

John Nash - Relationship Manager Great Barrier & Waiheke

 



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Great Barrier Local Board

15 November 2016

 

 

Allocation of funds to the Kaitoke Beach Restoration Final Report

 

File No.: CP2016/22425

 

  

Purpose

1.      To allocate funding towards the Kaitoke Beach Restoration Final Report.

Executive Summary

2.      In 2006, the Great Barrier community raised concerns that wind-blown sand from the unstable Kaitoke Beach dunes could threaten the viability of the airfield.

3.      The Kaitoke dune stabilisation and monitoring programme began in 2007 and Auckland Council allocated $380,000 to this programme from 2007-2015. This project included establishing marram grass fences, rabbit control, dune fertilizing, community planting days and dune monitoring.

4.      The Kaitoke Beach Dune Stabilisation and Monitoring Project Final report July 2015 was received by the Great Barrier Environment Committee on 28 October 2015. One of the recommendations was for a final dune profile snapshot to provide conclusive evidence of the success of the project.

5.      The report will include a final site survey completed by Harley Spence, coastline consultants, and Patrick Thorp, Growing Edge Ltd. The data will provide recommendations for ongoing maintenance and future options for beach erosion control. The quote for this work outlines labour of reviewing documents and data, a site field trip, report writing and includes flight costs. The total cost is $5,500+GST

6.      It is expected that the report will be completed for the March/April 2017 business meeting.

 

Recommendation

That the Great Barrier Local Board:

a)      allocate $5,500 from its 2016/17 LDI opex budget to fund the Kaitoke Beach Restoration Final Report.

 

Attachments

There are no attachments for this report.

Signatories

Author

Jacqueline Fyers – Local Board Advisor

Authoriser

John Nash - Relationship Manager Great Barrier & Waiheke

 


Great Barrier Local Board

15 November 2016

 

 

Adoption of a business meeting schedule

 

File No.: CP2016/22312

 

  

 

Purpose

1.      To seek the adoption of the Great Barrier Local Board meeting schedule for the 2016/2019 electoral term.

Executive summary

2.      A draft meeting schedule for the 2016/2019 electoral term has been developed and is included below for adoption by the local board.

3.      The specific times and dates for meetings, public engagement and any hearings, which may be required for matters such as local board plans and local board agreements, are yet to be finalised. Local board meeting schedules may therefore be updated once these details are confirmed.

 

Recommendations

That the Great Barrier Local Board:

a)      adopt the meeting schedule outlined below for the 2016/2019 electoral term.

Year

Date

Location

2016

15 November

Conference Centre

19 Whangaparara Road

Claris, Great Barrier Island

 

13 December

Conference Centre

19 Whangaparara Road

Claris, Great Barrier Island

2017

21 February

Conference Centre

19 Whangaparara Road

Claris, Great Barrier Island

21 March

18 April

16 May

20 June

18 July

15 August

19 September

17 October

21 November

19 December

2018

20 February

Conference Centre

19 Whangaparara Road

Claris, Great Barrier Island

20 March

17 April

15 May

19 June

17 July

21 August

18 September

16 October

20 November

18 December

2019

19 February

Conference Centre

19 Whangaparara Road

Claris, Great Barrier Island

19 March

16 April

21 May

18 June

16 July

20 August

17 September

b)      agree to commence business meetings at 1.00pm. Public forum and deputations will be scheduled in the early part of the business meeting, to enable the democratic process.

c)      note that dates and times for meetings, public engagement and any hearings and deliberations for local board plans and local board agreements are yet to be finalised.

d)      note that the board will hold one meeting during the term in the northern part of Great Barrier Island, one meeting in the southern part of Great Barrier Island, and one meeting in the greater Auckland region, with dates and locations to be confirmed at a later date.

 

 

Comments

4.      The Local Government Act 2002 (LGA) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules.

5.      In summary, adopting a meeting schedule helps meet the requirements of:

·    clause 19, Schedule 7 of the LGA on general provisions for meetings, which requires the chief executive to give notice in writing to each local board member of the time and place of meetings.  Such notification may be provided by the adoption of a schedule of business meetings.

·    sections 46, 46(A) and 47 in Part 7 of the LGOIMA, which requires that meetings are publicly notified, agendas and reports are available at least two working days before a meeting and that local board meetings are open to the public.

6.      Adopting a business meeting schedule also allows for a planned approach to workloads and ensures that local board members have clarity about their commitments.

7.      Commencing the business meeting during business hours will enable meetings to be productive and ensures best use of resources.

8.      There are some instances for which the local board may need to have meetings in addition to this schedule. For example, the local board plans (developed every three years) and local board agreements (developed annually). The specific times and dates for those meetings, public engagement and any hearings process for these matters are yet to be finalised and are therefore not included in the schedule above.

Consideration

Local board views and implications

9.      The implication of this report is to ensure that the local board meets its legislative responsibility, as outlined in paragraph five.

Māori impact statement

10.    There is no specific impact for Māori arising from this report. Local boards work with Māori on projects and initiatives of shared interest.

Implementation

11.    If there is any need to depart from the resolved dates, Auckland Council will publically notify the updated details. Local Board Services Department staff support local board business meetings.

 

Attachments

There are no attachments for this report.    

Signatories

Author

Madelon De Jongh - Local Board Advisor Manurewa

Authoriser

Karen Lyons - General Manager Local Board Services

 


Great Barrier Local Board

15 November 2016

 

 

Appointment of board members to external community organisations

 

File No.: CP2016/22327

 

  

 

Purpose

1.      To appoint Great Barrier Local Board members to external community organisations relevant to the local board area.

Executive summary

2.      Elected members participate as representatives of the local board on a number of external community and national organisations.

3.      The beginning of the new electoral term generates the need for new appointments. This report provides details of the external organisations relevant to the local board and requests that the local board nominates a lead and alternate member to represent the board on those external organisations for the 2016-2019 triennium.

4.      In addition, there are a small number of appointments due to legislation or the terms in a deed are the responsibility of the governing body, but because the relationship between the council and the organisation is local, the governing body has delegated its responsibility to nominate an elected member to the relevant local board.

 

Recommendation

That the Great Barrier Local Board:

a)      appoint the following board members to the external community groups and organisations listed below:

External organisation

 

Lead

Alternate

Motu Kaikoura Trust

 

 

Destination Great Barrier Island

 

 

Hauraki Gulf Forum

 

 

 

Comments

5.      A number of external organisations provide for the formal participation of Auckland Council elected members in their affairs. Elected member appointees will have a variety of duties and liabilities depending on the individual organisation.

6.      At the commencement of each triennium, the governing body and local boards recommend appointments to external organisations.

7.      As local board representatives, the nominated members represent the board, not in a personal capacity.  Board members will provide updates at local board meetings to keep the board regularly informed of discussions and decisions made of their activities unless good reasons exist for confidentiality, these updates are in the form of business meeting reports which maintain public transparency.

8.      The reasons for elected member participation in external organisations can be described in a number of ways:

·    a trust deed, that requires Auckland Council to make an appointment to an organisation

·    an organisation of interest to the local board is inviting elected member representation at its meetings

·    associations entered into by the council which provide for elected member representation

·    organisation governance, or project or programme oversight, such as regional or local parks management groups

·    a statutory or regulatory provision (for example a regulation providing for a community liaison committee) or

·    a resource consent requiring the formation of a committee or hearing panel.

9.      In making decisions about these appointments, it is suggested that local boards are mindful of;

·    the elected members availability

·    any conflict of interests, including whether the local board provides funding to the entity

·    relevance

·    historical relationship with the organisation and Auckland Council.

10.    Members are delegated in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed.

11.    Board members may be part of any organisation in their private capacity and personal interests and are encouraged to disclose memberships to external organisations in the conflict of interest register.

Relevant external organisations

12.    The details of the organisations relevant to the local board are detailed below.

Motu Kaikoura Trust

13.    The Motu Kaikoura Trust has been formed to manage the restoration of Kaikoura Island in the Hauraki Gulf.  

14.    The previous local board representatives were Susan Daly as primary and Jeff Cleave as alternate.

15.    The next meetings will be held on 15/11/2016 and 20/12/2016

16.    The local board is asked to consider appointing one member (and an alternate) to the Motu Kaikoura Trust either as a Trust member or advisor.

Hauraki Gulf Forum

17.    The Hauraki Gulf Forum (HGF) is a statutory body, which promotes and facilitates integrated management and the protection and enhancement of the Hauraki Gulf, under the Hauraki Gulf Marine Park Act 2000. It is administered by Auckland Council.

18.    The previous local board representatives were Jeff Cleave as primary and Judy Gilbert as alternate.

19.    The next meeting of the forum has not been set.

20.    The local board is asked to appoint one member (and an alternate) to the Hauraki Gulf Forum.


Destination Great Barrier Island

21.    Destination Great Barrier Island was established by the Great Barrier Local Board in August 2013 to support the growth of the Great Barrier Island’s economy through growth in tourism.

22.    The previous local board representatives were Judy Gilbert as primary and Jeff Cleave as alternate.

23.    The next meeting of the group has not been set.

24.    The local board is asked to appoint one member (and an alternate) to Destination Great Barrier Island.

Consideration

Local board views and implications

25.    This report seeks the local board’s decision on representatives to external community organisations relevant to the local board area.

Māori impact statement

26.    This report has no specific impact on Māori. It covers appointments of local board members to external organisations and community networks to represent the view of local communities, including Māori communities.

Implementation

27.    There are no implementation issues as a result of the recommendations in this report.

 

Attachments

There are no attachments for this report.

Signatories

Author

Andrew Pickering – Senior Policy Advisor

Authoriser

Karen Lyons - General Manager Local Board Services

 


Great Barrier Local Board

15 November 2016

 

 

Swimming Pool Fencing Exemption Applications

 

File No.: CP2016/22407

 

  

 

Purpose

1.      The purpose of this report is for the Great Barrier Local Board to establish an agreed approach for how swimming pool fencing exemption applications are going to be resolved upon during the 2016/2019 term.

Executive summary

2.      Under section 6 of the Fencing of Swimming Pools Act 1987 (the Act), territorial authorities may grant exemptions from the requirements in the Act for particular swimming pools if satisfied that it “would not significantly increase danger to young children”.

3.      The decision-making responsibility for swimming pool fencing exemptions has been delegated to the local boards by the governing body (Resolution GB/2011/163).

4.      It is recommended that the local board assesses and considers these applications at a general business meeting.

5.      The local board could resolve to nominate a sub-group of local board members to make site visits when required and make recommendations to the full board to be formally resolved upon at a business meeting.

 

Recommendation

That the Great Barrier Local Board:

a)      agree to assess swimming pool fencing exemption applications as part of business meetings during the 2016/2019 term as the need arises.

 

 

Comments

6.      The purpose of the Fencing of Swimming Pools Act 1987 is to promote the safety of young children by requiring the fencing of certain swimming pools. The Act places an obligation on territorial authorities to ensure that pool owners comply with the Act, both at the time when the pool is built, and subsequently by occasional inspections of pools to ensure ongoing compliance.

7.      Under section 6 of the Act, territorial authorities may grant exemptions from the requirements in the Act for particular pools. Territorial authorities can also impose special conditions on a property and a pool. A territorial authority can only grant an exemption, or impose a special condition, if, after having regard to the characteristics of the pool and the property, it is satisfied that it “would not significantly increase danger to young children”.  No exemption is required for a new pool fence, or an alteration to an existing fence, if the new or altered fence is at least as safe as one built in accordance with the standard in the schedule of the Act.

8.      The governing body has delegated decision-making responsibility for swimming pool fencing exemptions to local boards (Resolution GB/2011/163). 

9.      To administer this delegation, staff recommend that applications are determined as part of a local board business meeting as this is the most efficient and effective decision-making mechanism.

10.    Assessing and determining swimming pool exemption applications at a business meeting has a number of benefits, including:

·    consistent and streamlined approach for applications to be considered

·    business meetings are the primary formal decision-making mechanism of the local board

·    appropriate level of administrative support can be provided.

11.    There is a risk with this approach that applications will not be given due consideration amongst congested local board business meeting agendas, however this can be mitigated by a sub-group of local board members visiting pools as required, to inform the boards’ decisions.

12.    A sub-group of local board members could nominate themselves to conduct site visits, on an as-needed-basis, and make recommendations to the full local board for consideration and adoption at a regular business meeting.

13.    If the local board resolves to nominate a sub-group to conduct site visits, staff recommend that no more than four board members participate in the sub-group. Sub-group participants should be agreed by resolution.

14.    If an application includes sensitive information, the local board may, by resolution, exclude the public from the whole or any part of the proceedings of the meeting if one or more of the grounds set out in the legislation under the Local Government Official Information and Meetings Act 1987 (LGOIMA) and in the Standing Orders for the Local Boards are met.

Consideration

Local board views and implications

15.    The recommendations within this report fall within the local board’s delegated authority.

Māori impact statement

16.    This report does not specifically impact on Māori.

Implementation

17.    Costs associated with a small number of elected members meeting to consider the applications, in advance of putting forward recommendations to the full board at a business meeting, will be met within internal operating budgets.

18.    The decision of the local board following an exemption hearing is open to challenge by a judicial review process. Local board members will be briefed by Legal Services and Building Control staff regarding the requirements of the Fencing of Swimming Pools Act 1987, the Building Act and the appropriate considerations to take into account when determining an application by a hearings process.

19.    The Building (Pools) Amendment Bill was introduced to New Zealand Parliament on 9 September 2015. Once adopted, this may impact on the role of the local boards in assessing swimming pool fencing exemption applications. Staff will provide more information on this as it becomes available[1].

 

Attachments

There are no attachments for this report.    

Signatories

Author

Felicity Prance - Policy Advisor

Authoriser

Karen Lyons - General Manager Local Board Services

 


Great Barrier Local Board

15 November 2016

 

 

Urgent decision-making process

 

File No.: CP2016/22295

 

  

 

Purpose

1.      To seek the Great Barrier Local Board’s agreement to use the urgent decision-making process when appropriate.

Executive summary

2.      The urgent decision-making process enables the board to make decisions without calling the full board together and meeting the requirement of a quorum. By agreeing to this process, the board delegates decision-making authority to the chair and deputy chair, or any person acting in these roles.

3.      At times, such as during the Christmas and New Year period, it is not practical to call the full board together and meet the requirements of a quorum. This is an example of when the urgent decision-making process would be used.

 

Recommendations

That the Great Barrier Local Board:

a)      adopt the urgent decision-making process for matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum.

b)      delegate authority to the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board.

c)      agree that the relationship manager, chair and deputy chair (or any person/s acting in these roles) will authorise the urgent decision-making process by signing off the authorisation memo.

d)      note that all urgent decisions will be reported to the next ordinary meeting of the local board.

 

Comments

What an urgent decision is

4.      The urgent decision-making process enables the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board when it is not practical to call the full board together and meet the requirement of a quorum. Examples include during the Christmas and New Year period or for participating in a council submission process.

5.      The Local Government Act 2002[2] provides for local boards to delegate to committees, sub-committees, members of the local board or Auckland Council staff, any of its responsibilities, duties and powers, with some specific exceptions. This legislation enables the urgent decision-making process.

6.      The urgent decision-making process provides an alternative decision-making mechanism to an extraordinary meeting. An extraordinary meeting is called when an urgent decision is required on matters that cannot wait until the next scheduled business meeting of the local board.

7.      Urgent decisions are different from emergency decisions, which are only made if there is a risk to public health and safety.

The urgent decision-making process

8.      All requests for an urgent decision will be supported by a memo stating the nature of the issue, reason for urgency and what decisions or resolutions are required. 

9.      The local board relationship manager will use the information in this memo to determine whether or not to authorise the urgent-decision making process.

10.    A number of factors will be considered by the relationship manager before approval to use the urgent decision-making process is given, such as:

·     the timing of the next scheduled meeting

·     confirmation that the local board has the delegation to make the decision

·     consideration of the rationale for the urgency

·     the significance of the decision and whether the urgent decision-making process is appropriate.

11.    Once the relationship manager authorises the use of the urgent decision-making process, the chair and deputy chair (or any person/s acting in these roles) also need to approve the use of the urgent decision-making process by signing the same memo.

12.    Once the authorisation memo has been approved, the chair and deputy chair will refer to the substantive report for advice and staff recommendations to inform their decision. This report will meet Auckland Council quality advice standards and adhere to the report authorisation processes.

13.    Any decision made using the urgent decision-making process will be reported as an information item to the next ordinary meeting of the local board and the signed approval memo will be attached.

Consideration

Local board views and implications

14.    This report outlines the local board urgent decision-making process, and seeks the local board’s agreement to adopt this process.

Māori impact statement

15.    There is no specific impact for Māori arising from this report.

Implementation

16.    This report outlines how the local board relationship manager and elected members will execute the urgent decision-making process when the need arises. Paragraph four outlines the implications of this for local boards.

17.    The local board relationship managers can provide advice as to what might constitute an urgent decision.

 

Attachments

There are no attachments for this report.    

Signatories

Author

Felicity Prance - Policy Advisor

Authoriser

Karen Lyons - General Manager Local Board Services


Great Barrier Local Board

15 November 2016

 

 

Correspondence

File No.: CP2016/22307

 

  

 

Executive Summary

Correspondence sent and received for the Great Barrier Local Board’s information.

 

Recommendation

That the Great Barrier Local Board:

a)         note the correspondence for the month of October 2016.

 

Attachments

No.

Title

Page

a

Thank you card from Kaitoke School

55

b

Aotea Boardriders Club proposal update

57

c

Email from Bruce Maxwell - Erosion Gooseberry Flat & Pah Beach

59

d

Letter from former Mayor Len Brown - Support for International Dark-Sky Association accreditation

61

    

Signatories

Authors

 

Authorisers

 

 


Great Barrier Local Board

15 November 2016

 

 

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Great Barrier Local Board

15 November 2016

 

 

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Great Barrier Local Board

15 November 2016

 

 

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Great Barrier Local Board

15 November 2016

 

 

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Great Barrier Local Board

15 November 2016

 

 

Governance Forward Work Calendar

 

File No.: CP2016/22305

 

  

 

Purpose

1.      To present the Great Barrier Local Board with its updated governance forward work calendar.

Executive Summary

2.      The governance forward work calendar for the Great Barrier Local Board is in Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff.

3.      The governance forward work calendars were introduced in 2016 as part of Auckland Council’s quality advice programme and aim to support local boards’ governance role by:

·    ensuring advice on meeting agendas is driven by local board priorities

·    clarifying what advice is expected and when

·    clarifying the rationale for reports.

4.      The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.

 

Recommendation

That the Great Barrier Local Board:

a)      note the Great Barrier Local Board Governance Forward Work Calendar.

 

 

Attachments

No.

Title

Page

a

Great Barrier Local Board Governance Forward Work Calendar - November 2016

65

     

Signatories

Author

Guia Nonoy - Democracy Advisor

Authorisers

Karen Lyons - General Manager Local Board Services

John Nash - Relationship Manager Great Barrier & Waiheke

 



Great Barrier Local Board

15 November 2016

 

 

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[1] Once the outcome of the Building (Pools) Amendment Bill is known, more work will be carried out, if necessary, based on a review of the governance framework undertaken in 2016 and the option to move responsibility for granting swimming pool fencing exemptions to the governing body.

[2] Part 1A, Schedule 7, 36D Local Government Act 2002