Māngere-Ōtāhuhu Local Board

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Māngere-Ōtāhuhu Local Board held in the Māngere-Ōtāhuhu Local Board Office, Shop 17B, 93 Bader Drive, Māngere on Wednesday, 21 June 2017 at 5.00pm.

 

present

 

Chairperson

Lemauga Lydia Sosene

 

 

 

Deputy Chairperson

Togiatolu Walter Togiamua

 

 

 

Members

Tauanu’u Nick Bakulich

 

 

 

 

Carrol Elliott, JP

 

 

 

 

Makalita Kolo

 

 

 

 

Christine O'Brien

 

 

 

 

ABSENT

 

Member

Tafafuna’i Tasi Lauese, JP

 

 

Councillor

Cr Alf Filipaina

 

 

 

ALSO PRESENT

 

Councillor

Cr Efeso Collins

 

 

Independent Maori Statutory Board

Glen Wilcox

 

 

 

 

 

 

 

 


Māngere-Ōtāhuhu Local Board

21 June 2017

 

 

 

1          Welcome

 

Member Bakulich led the meeting in prayer.

 

2          Apologies

 

Resolution number MO/2017/99

MOVED by Chairperson L Sosene, seconded by Member C O'Brien:  

That the Māngere-Ōtāhuhu Local Board accept the apology from Member Lauese for absence.

CARRIED

 

            Secretarial Note: Cr Alf Filipaina tabled his apology for absence.

 

3          Declaration of Interest

 

There were no declarations of interest.

 

4          Confirmation of Minutes

 

Resolution number MO/2017/100

MOVED by Chairperson L Sosene, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board confirm the ordinary minutes of its meetings, held on Wednesday, 17 May 2017 and Wednesday, 7 June 2017,  as a true and correct record.

CARRIED

 

5          Leave of Absence

 

There were no leaves of absence.

 

6          Acknowledgements

 

·                     Kahurangi Dame Nganeko Kaihau Minhinnick DNZM, JP – We acknowledge the passing of an amazing woman, a champion for her people, for the environment and for social justice. Dame Nganeko was held in very high regard by all, as a leader in Maoridom and a role-model to us all. Dame Nganeko Minhinnick, who led a landmark Waitangi Tribunal claim to clean up the Manukau Harbour, has died aged 77. The Ngati Te Ata and Waiohua elder from Tahuna Marae at Waiuku went to the tribunal in 1982 over pollution of the Manukau Harbour by the Mangere sewage treatment plant, the NZ Steel mill at Glenbrook and other developments. The tribunal's report in 1985 said it was the most wide-ranging claim that it had considered up to that time, and its findings set out a new basis for the Maori role as kaitiaki, or guardians, of their ancestral lands and waterways throughout the country. The report, and Dame Nganeko's subsequent submissions to the Government, laid the groundwork for what became the 1991 Resource Management Act. She took her case to the world stage, inviting United Nations representatives to Tahuna Marae and attending many UN forums on indigenous issues. She also sat on the Auckland Regional Council. She was made a Dame in the 2013 Queen's Birthday honours list.

·                     The tragic passing of 17 year old Violet Tupou who drowned in a storm water drain in Mangere.

·                     The passing of  Donna Richards who played an important role in the community.

·                     Queens Birthday Honours 2017 List - OOM Mrs Sally Tupetalamataone Ikinofo, of Auckland. For services to education and Māori and Pacific communities.

·                     The passing of Tusanilefaia'ao Ieremia Salesa (age 74)​, better known as Chris Salesa to members of the Auckland and Counties Manukau bowling community. Salesa also represented Samoa at the World Bowls Championship in Christchurch last year and was a strong advocate for Pasifika Bowls.

·                     Congratulation to Star Rawiri who has been appointed on the Mayors Youth Advisory Panel to represent Mangere-Otahuhu.

·                     The passing of Shirley Upton who taught at the Auckland Seventh-Day Adventist High School.

·                     Thankyou  Antoine Xulue and Local Board Staff for their achievement of the Have You Say and Pop Ups events for the Local Board Plan.

 

7          Petitions

 

There were no petitions.

 

8          Deputations

 

There were no deputations.

 

9          Public Forum

 

9.1

Public Forum -  Save Our Unique Landscape

 

The submission tabled at the meeting is attached to the back of the minutes.

 

Resolution number MO/2017/101

MOVED by Chairperson L Sosene, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board thanks Brendan Corbett for his attendance and presentation.

 

CARRIED

 

                                           

9.2

Public Forum - Respect Our Community Campaign

 

The document tabled at the meeting is at the back of the minutes.

 

Resolution number MO/2017/102

MOVED by Chairperson L Sosene, seconded by Member N Bakulich:  

That the Māngere-Ōtāhuhu Local Board thanks Glenn McCutcheon, Selwyn Lilley and Grant Hewison for their attendance and presentation.

 

CARRIED

 

 

10        Extraordinary Business

 

There was no extraordinary business.

 

11        Notices of Motion

 

There were no notices of motion.

 

 

12

Manukau Ward Councillors Update

 

Resolution number MO/2017/103

MOVED by Chairperson L Sosene, seconded by Member C O'Brien:  

That the verbal report from Cr Efeso Collins be received.

 

CARRIED

 

 

13

Local Board Leads and Appointments Report

 

Member Elliott written report is on the back of the minutes.

 

Resolution number MO/2017/104

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the verbal and written updates from local board members be received.

CARRIED

 

 

14

Chairpersons Report and Announcements

 

Resolution number MO/2017/105

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the verbal update be received.

CARRIED

 

 

15

Auckland Transport Update - June 2017

 

Resolution number MO/2017/106

MOVED by Chairperson L Sosene, seconded by Member C O'Brien:  

That the Māngere-Ōtāhuhu Local Board:

a)      note the Auckland Transport Update – April 2017 report.

b)      note the rough order of cost of $700,000 to $1,000,000 provided by Auckland Transport for building a two lane roundabout at the intersection of Bader Drive and Idlewild Road and requests that Auckland Transport start design work and provide a firm estimate of cost.

c)      note Auckland Transport’s suggestion that the design process for building a new two lane roundabout at the intersection of Bader Drive and Idlewild Road is complex and the Māngere-Ōtāhuhu Local Board requests a report back after the investigation and concept design is complete.

d)      note the rough order of cost of $200,000 provided by Auckland Transport for widening Bader Drive just north of the Orly Ave Intersection and requests that Auckland Transport start design work and provide a firm estimate of cost.

 

CARRIED

 

Member C Elliott left the meeting at 6.31 pm.

 

Item 28 was considered after Item 15.

 

 

 

16

Funding allocation Crime Prevention Officer Māngere and Māngere East Town Centres

 

Resolution number MO/2017/107

MOVED by Chairperson L Sosene, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board:

a)      allocates $40,000 from the 2016/2017 community safety and youth safety initiatives budgets, to engage a pilot Crime Prevention Officer for a period of one year for Māngere Town Centre and Māngere East Village.

b)      request officers to ensure there is an accountability report at the end of the one year period that enables council staff to assess the impact of this initiative on community safety outcomes and perceptions and report back to the local board.

CARRIED

 

Member C Elliott returned to the meeting at 6.37 pm.

 

17

Public notification of Auckland Council’s intention to grant a licence to occupy and manage to the Ōtāhuhu Business Association Incorporated for the former Ōtāhuhu Library building, 12-16 High Street, Ōtāhuhu

 

Resolution number MO/2017/108

MOVED by Chairperson L Sosene, seconded by Member M Kolo:  

That the Māngere-Ōtāhuhu Local Board:

a)      approve the public notification of Auckland Council’s intention to grant a licence to occupy to Ōtāhuhu Business Association Incorporated on behalf of Ōtāhuhu-Māngere Youth Group for 653m2 (more or less), of the ground floor area within the former Ōtāhuhu Library building, 12-16 High Street, Ōtāhuhu comprising of Lot 1 DP 83294 and Part Allotment 9 Section 3 Ōtāhuhu Village (Attachment A).

b)      nominates Members Bakulich, Togiamua and Lauese to form a hearings panel, and Members O’Brien and Elliott as alternates should a hearings panel be needed, to consider and decide on any submissions or objections received following the public notification process.

c)      grant, in the absence of any submissions or objections to the proposal received by the closing date, a licence to occupy and manage to Ōtāhuhu Business Association Incorporated for 653m2 (more or less), of the ground floor area within the former Ōtāhuhu Library building, 12-16 High Street, Ōtāhuhu comprising of Lot 1 DP 83294 and Part Allotment 9 Section 3 Ōtāhuhu Village (Attachment A) on the following terms and conditions:

i)    term – one year commencing from the date of execution

ii)   rent - $1.00 per annum if requested

iii)  maintenance fee - $500.00 plus GST per annum

iv)  the required use of the premises will be managed by the Ōtāhuhu-Māngere Youth Group to provide scheduling of the space for activities and programmes of community groups.

v)   the licence to occupy and manage will contain an early termination clause to provide for the prospect of any future development of the site.

 

d)      approve all other terms and conditions will be in accordance with the Auckland Council Community Occupancy Guidelines July 2012.

CARRIED

 

18

Kīngi Tāwhiao Cottage progress report

 

Resolution number MO/2017/109

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the Māngere-Ōtāhuhu Local Board receive the Kīngi Tāwhiao Cottage progress report.

 

CARRIED

 

Item 25 was considered after Item 18.

 

19

Classification of Swanson Park, 7R Church Road and 2R McIntyre Road, Māngere Bridge

 

Resolution number MO/2017/110

MOVED by Chairperson L Sosene, seconded by Member N Bakulich:  

That the Māngere-Ōtāhuhu Local Board:

a)      endorse the following recommendations to the Environment and Community Committee:

i)       approve the classification of Lot 14 DP 39509 as recreation reserve pursuant to Section 16 (2A) (d) of the Reserves Act 1977.

ii)      approve the classification of portions of Lot 13 DP 39509 as a recreation reserve and a local purpose (community buildings) reserve subject to a survey office plan redefining the northern portion of Lot 13 DP 39509.

iii)     endorse DOC pursuant to Section 16 (1) of the Reserves Act 1977 to classify Lot 31 DP 39509 as a local purpose (carpark) reserve.

iv)     endorse DOC pursuant to Section 26 (1) of the Reserves Act 1977 to vest Lot 31 DP 39509 in the Auckland Council, in trust, for local reserve purposes.

b)      approve the allocation of $1000 from the Locally Driven Initiatives budget to advertise the intended local purpose classification for Lot 13 and Lot 31 as required under the Reserves Act 1977.

CARRIED

 


 

 

20

Encroachment on Kiwi Ngaio Park, 9R Ngaio Avenue, Mangere Bridge

 

The Māngere-Ōtāhuhu Local Board revoked Resolution MO/2017/111 at its meeting held on 16 May 2018.

Resolution number MO/2017/111

MOVED by Chairperson L Sosene, seconded by Member N Bakulich:  

That the Māngere-Ōtāhuhu Local Board:

a)      decline the applicant’s request to buy or lease part of Kiwi Ngaio Park at 9R Ngaio Avenue, Mangere Bridge, as a way to resolve an existing encroachment from 1/ 37 Kiwi Esplanade, Mangere Bridge.

b)      approve staff issuing a letter to the applicant requesting the encroachment is removed within two years from the date the letter issued.

CARRIED

Replacement  resolution

 

Resolution number MO/2018/112

MOVED by Chairperson L Sosene, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board:

a)      resolves to rescind the resolution MO/2017/111 of 21 June 2017.

b)      requests staff to draft an easement in favour of the owners of  the property at 1/37 Kiwi Esplanade Mangere Bridge to reduce the encroachments at Kiwi Ngaio Reserve 9R Ngaio Avenue, to the satisfaction of the Head of Stakeholder and Land Advisory, Community Facilities Department.

c)      requests council Legal Services staff to draft an encumbrance to inform knowledge of the easement, to be registered on the title of the land at 1/37 Kiwi Esplanade (Lot 3 DP 17984).

d)      requests that the encumbrance requires the encroachments to be extinguished by the current owners when the land and buildings are sold or significantly redeveloped by them and that the easements registered in the owners favour also be surrendered at the same time.

e)      resolves to provide assistance for the establishment of a new, permeable fence to be erected to the satisfaction of the Manager Land Advisory Services.

f)       notes that the existing 1987 minor easement is unaffected except where significant redevelopment of the land and buildings allows compliance.

 

CARRIED

 

Member Christine O’Brien voted against this item.

 

 

 

 

 

 

 

 

 

 

 

21

Approval of the concept plan for Norana Esplanade Walkway

 

Resolution number MO/2017/113

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the Māngere-Ōtāhuhu Local Board:

a)      approve the concept plan for the Norana Esplanade Walkway.

b)      approve the principle of cost-sharing fence installation where required, to increase security to commercial properties along the relevant open space boundaries.

c)      acknowledge consultation feedback.

d)      request officers to continue to work with Te Ahiwaru in the consideration and mitigation of their concerns.

CARRIED

 

 

22

Panuku Development Auckland Local Board Six-Monthly Update 1 November 2016 to 30 April 2017

 

Resolution number MO/2017/114

MOVED by Chairperson L Sosene, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board receive the Panuku Development Auckland Local Board Update 1 November 2016 to 30 April 2017.

 

CARRIED

 

23

Parks, sport and recreation draft annual work programme financial year 2017-2018

 

Resolution number MO/2017/115

MOVED by Chairperson L Sosene, seconded by Member N Bakulich:  

That the Māngere-Ōtāhuhu Local Board:

a)      approves the Māngere-Ōtāhuhu Parks, Sport and Recreation draft Annual work programme 2017-2018 financial year as detailed in Attachment A with the following amendments:

i)         Split #1073 to enable Moana Nui a Kiwa and Tōia Pool and Leisure Centres to be identified as separate lines in the work programme.

ii)        #951 Amend the activity name to be “Local parks – planning for parks service provision”.

 

iii)      #1173 Amend the activity description to read “Identify opportunities for parks and facilities by engaging with Mana Whenua to develop Maori names and enhance Auckland’s Maori identity and Maori heritage. This will link closely to the Heritage Survey”.

 

iv)      #961  Amend the activity description to read “Continue to provide a grant to Auckland Teaching Gardens Trust to operate the teaching gardens at Tōia and Kirkbride Reserve, to encourage and mentor people into growing their own food”.

b)      delegate approval to the Chair and Parks, Sports and Recreation Lead for any minor changes arising from the implementation of this work programme, and request a report to the board on any change that is more than minor.  

CARRIED

 

 

24

Māngere-Ōtāhuhu 2017/2018 Local Economic Development Work Programme

 

Resolution number MO/2017/116

MOVED by Chairperson L Sosene, seconded by Member N Bakulich:  

That the Māngere-Ōtāhuhu Local Board:

a)      approve the 2017/2018  Local Economic Development Work Programme (Attachment A) as follows:

i)       24 hours south visitor promotion ($20,000).

ii)      Collective Business Improvement District promotion ($20,000).

iii)     Māngere-Ōtāhuhu Local Economic Development  (LED) Action Plan implementation and refresh ($10,000).

iv)      Young Enterprise Scheme ($3,500).

b)      requests further discussion with officers to reconfirm the schools participating in the Young Enterprise Scheme.

CARRIED

 

25

Māngere-Ōtāhuhu Local Board 2017/2018 Community Facilities Work Programme

 

Resolution number MO/2017/117

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the Māngere-Ōtāhuhu Local Board:

a)      approve the Māngere-Ōtāhuhu Local Board 2017/2018 Community Facilities Work Programme as detailed in Attachment A with the following additions:

          i)     Boggust Park:

o   toilets – complete the consultation and share findings with the local board

o   improve playground – Parks, Sports and Recreation to work with the local board to develop and install

o   car park – confirm the location and scope costs and options for the local board.

ii)    Otahuhu Flag Pole – identify location, scope the costs and report back to the local board.

iii)   #2388 – Mangere Community House - further discussion with the board on details of implementation.

iv)   #2404 – John Mcanulty Reserve - investigate unused spaces and undertake an analysis with support from Parks, Sports, Recreation.

b)      approve in principle the Māngere-Ōtāhuhu Local Board 2017-2020 Community Facilities Capital Works Programme as detailed in Attachment B.

c)      delegate approval to the Chair for any minor changes arising from the implementation of this work programme, and request a report to the board on any change that is more than minor.

d)      note that the 2017/2018 asset-based services capital works funding envelope, identified for the work programme, is indicative to deliver the work and any budget variances will be managed within the total region-wide asset-based services funding envelope.

CARRIED

 

Item 25 was considered after Item 18.

 

26

 Māngere-Ōtāhuhu Local Board Community Grants Programme 2017/2018

 

Resolution number MO/2017/118

MOVED by Chairperson L Sosene, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board:

a)      adopt in principle the updated Māngere-Ōtāhuhu Local Board Community Grants Programme 2017/2018 and requests officers to reconfirm the dates for the local grants to ensure that there is no retrospective funding.

 

CARRIED

 

 

27

Māngere-Ōtāhuhu Local Board ACE work programme 2017/2018

 

Resolution number MO/2017/119

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the Māngere-Ōtāhuhu Local Board:

a)      approve the 2017/2018 Arts, Community and Events work programme as detailed in Attachment A with the following amendments:

         i)      # 447 (Te Whare Koa – Mangere Community House) –  $24,692 in Asset Based Services budget line.

         ii)     note that work items for reducing harm from alcohol in the community, #2798 and #2003 to be delivered  in coordination and alignment for common outcomes.

         iii)    #22 change the name from Otahuhu Santa Parade to Otahuhu Christmas Celebration.

        

CARRIED

 

28

Relationship Agreement with Mana Whenua Template

 

Attachment A has been updated and is attached to the back of the minutes.

 

Resolution number MO/2017/120

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the Māngere-Ōtāhuhu Local Board:

a)      approve the relationship agreement (Attachment A) as the basis for discussions with mana whenua.

b)      approve a process of reaching these agreements whereby the agreement may proceed to signing without further approval so long as any inclusions are either descriptive or in the nature of minor drafting changes.  For the avoidance of doubt, any changes of substance will be re-presented to the Māngere-Ōtāhuhu Local Board, other local boards and the governing body, as relevant, for final approval.

c)      authorise the Local Board Chair to sign the agreement on behalf of the local board at signing ceremonies arranged between the parties to each agreement.

CARRIED

 

Item 28 was considered after Item 15.

 

29

New Road Name Approval for a New Road to be created within the Housing New Zealand Development at 32-44 Luke Street, Otahuhu

 

Resolution number MO/2017/121

MOVED by Member C O'Brien, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board:

a)      approve the new road name in principle ‘Awatiu Road’ proposed by the applicant, for the new road within the Housing New Zealand development at 32-44 Luke Street, Otahuhu, in accordance with section 319(1)(j) of  the Local Government Act 1974.

b)      delegate to the Chair and Deputy Chair to confirm the name “Awatiu Road’ following confirmation from officers that  Housing New Zealand has consulted with local mana whenua in particular Ngāti Whanaunga.

CARRIED

 

 

30

Project 17: Auckland Council Maintenance Contracts

 

Resolution number MO/2017/122

MOVED by Chairperson L Sosene, seconded by Member M Kolo:  

That the Māngere-Ōtāhuhu Local Board:

a)      agree the following local priorities for year one (2017/2018) of new maintenance contracts:

·    community and workforce priorities for this local board area: smart procurement (Attachment A).

·    site specific issues, that are unique to the local board and may require particular attention over and above standard maintenance service specifications as follows:

o   Mangere Town Centre - local market days, rubbish and cleanliness of toilets

o   Council led events over the summer season

o   Parks: David Lange, Sturges, Centre Park – heavy usage and build-up of litter and broken glass

o   House Park, Kiwi Esplanade and Boggust Park -  general safety, alcohol related and law and order issues

o   Massey Depot – run down.

 

b)      note that community and workforce (smart procurement) targets may be developed over the next six to twelve months to establish a baseline.

c)      note that Auckland Council will continue to encourage, support and work with volunteer and community groups across the region in alignment to the new maintenance contracts. 

CARRIED

 

 

 

 

 

 

 

 

31

Adoption of the local fees and charges schedules for the Local Board Agreement 2017/2018

 

Resolution number MO/2017/123

MOVED by Chairperson L Sosene, seconded by Deputy Chairperson W Togiamua:  

That the Māngere-Ōtāhuhu Local Board:

a)         refuse to accept the  local fees and charges schedules (Attachment A) for the Annual Budget and local board agreement 2017/2018.

b)         request officers to come back to the board with further options for the fees and charges at the leisure centres.

CARRIED

 

 

32

Governance Forward Work Calendar

 

Resolution number MO/2017/124

MOVED by Chairperson L Sosene, seconded by Member C Elliott:  

That the Māngere-Ōtāhuhu Local Board notes the Governance Forward Work Calendar.

CARRIED

 

 

33

Mangere-Otahuhu Local Board Workshop Notes

 

Resolution number MO/2017/125

MOVED by Chairperson L Sosene, seconded by Member C O'Brien:  

That the Māngere-Ōtāhuhu Local Board workshop notes from the workshops held 3, 10 and 24 May 2017 be received.

CARRIED

  

34        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.   

 

Member Kolo closed the meeting with prayer.

 

8.50pm                                               The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Māngere-Ōtāhuhu Local Board HELD ON

 

 

 

DATE:.........................................................................

 

 

CHAIRPERSON:........................................................


 

 

Item 9.1 Public Forum Save Our Unique Landscape

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

Item 9.2 Public Forum – Respect Our Community Campaign

 

 

 

 

 


 

 

 


 

 

 

 


 

 

 

 


 

 

 

 

Item 13 Member Elliott Report

 

 

Member Carrol Elliott  report

Some highlights of the past month

On 2nd June I attended the Local Government of NZ Zone one meeting in Whangarei.  Eight of us were driven up from Auckland through  the most atrocious weather.  The theme of the day was “Water” with several presentations including one from the Healthy Waters team."Size":91001}]}he  of Auckland, and an outline of the work of LGNZ.

The next LGNZ meeting will be held in Orewa   which is more manageable from a travel point of view

The Manukau Harbour Forum has had its first meeting since the elections in 2016   The Elected officers are Chairperson    Saffron Toms from Waitakere, and Deputy David Holm from Puketapapa

The Forum has agreed to meet every 2 months on the third Friday of the month, starting with a workshop  at 10am,  followed by the business meeting, The venue is the Mangere/Otahuhu Local Board office. The forum reviewed its Terms of Reference and compiled a list of priorites for the next 2 and a half years

The meeting and “pop ups” organized by Antoine have been well attended by the public with the final one at Otahuhu on Thursday

The fiasco of the completion of King Tawhiao’s  cottage continues, as does the non appearance of a bus shelter at 3 Church Road Mangere Bridge.  I have been asking for this shelter for three years. It makes the AT policy of encouraging the use of public transport look like a sick joke, while the public have to wait in the rain for their bus. 

  

 


 

Item 28 Replacement Attachment A

 

                                                                                                                  

 

 

 

 

 

 

[Relationship Agreement]

 

 

 

between

 

 

 

[Iwi name]

 

 

 

and

 

 

 

Auckland Council

 

 

                                               

 

 

 

 

 

[Date]

 

 

 

 

 

[Iwi name Logo]

               

logo


 

 

 

[KARAKIA/MIHI]

 

 

 

 

 

 

 

 

 

 

[IMAGERY]


[IWI NAME]

1.             [Insert a description of the Iwi and its rohe].

2.             [Insert a description of the Iwi's representative entity].

3.             [Insert a description of the current status of Treaty settlements/negotiations for the Iwi].

4.             [Insert other relevant background from an Iwi perspective].

AUCKLAND COUNCIL

5.             Auckland Council (“Council”) is a territorial and regional authority established under section 6 of the Local Government (Auckland Council) Act 2009. 

6.             Council has two complementary decision-making parts, the governing body and local boards. The governing body and the local boards are autonomous and make decisions as Council within their respective areas of responsibility.

7.             The governing body consists of the mayor and 20 governing body members. The governing body focuses on the big picture and on region-wide strategic decisions. Each of the 21 local boards has between five and nine members. Local boards represent the communities in their area and make decisions on local issues, activities and facilities.

8.             Council's purpose is to enable democratic local decision-making and action by, and on behalf of, communities; and to meet the current and future needs of communities for good-quality local infrastructure, local public services, and performance of regulatory functions in a way that is most cost-effective for households and businesses.

9.             The Council has committed to achieving better outcomes for Māori that contribute significantly to lifting Māori economic, social and cultural well-being, strengthen Council’s effectiveness for Māori, and optimise post-Treaty settlement opportunities for the benefit of Māori and the wider public of Auckland.  One outcome identified through the Auckland Plan is "A Māori identity that is Auckland's point of difference in the world." 

10.          These commitments are reflected in, for example, the following Council documents:

(a)            the 'Māori Responsiveness Framework';

(b)           the Auckland Plan;

(c)            the Proposed Auckland Unitary Plan;

(d)           the Long Term Plan; and

(e)            Local Board Plans.

 

 

11.          The Council also has an important relationship with the Independent Māori Statutory Board which was established in the Local Government (Auckland Council) Act 2009.

12.          Within that broader context, this Agreement focuses on the individual relationship between [Iwi name] and Auckland Council.

PURPOSE

13.          The purpose of this Agreement is to provide a mechanism for the parties to:

(a)            acknowledge the mana of [Iwi name] and the role of the Council in Tamaki Makaurau;

(b)           develop and enhance a positive and enduring working relationship;

(c)            record shared aspirations and shared working principles; and

(d)           make specific commitments in terms of how they will work together.

ASPIRATIONS

14.          The parties both desire to work together in a manner that acknowledges and respects:

(a)            the mana of [Iwi name] in Tāmaki Makaurau;

(b)           the relationship of [Iwi name] and their culture and traditions with their ancestral lands, water, sites, wāhi tapu and other taonga in Tāmaki Makaurau;

(c)            the desire of [Iwi name] to enhance the cultural, social, economic, and environmental wellbeing of their people;

(d)           the principles of Te Tiriti o Waitangi / Treaty of Waitangi and the importance of the parties working together in accordance with those principles in a manner consistent with relevant legislation;

(e)            the significance of the [record the status of the Treaty settlement process for the Iwi];

(f)            the rights and interests of all mana whenua and Māori in Auckland;

(g)           the statutory purpose, functions and structure of Auckland Council;

(h)            the goals of the Auckland Council's Māori Responsiveness Framework, being to provide for effective Māori participation in democracy; to provide for an empowered Council organisation; and to provide for strong Māori communities;

(i)             the drivers of the Auckland Council's Māori Responsiveness Framework, being to enable Te Tiriti o Waitangi/ Treaty of Waitangi outcomes; to enable Māori outcomes; to fulfil statutory Māori obligations; and to value Te Ao Māori;

(j)             the role of Council as a steward, and the need for cultural, social, economic and environmental sustainability of Tāmaki Makaurau; and

(k)            the interests of all communities, ratepayers, customers, citizens and visitors in Tāmaki Makaurau.

15.          [Iwi name] wishes to work more closely with the Council so as to enable [Iwi name] to have more opportunity to contribute to and influence Council decision-making and service delivery, and also provide opportunities for [Iwi name] to improve or expand its own delivery of services to its communities.

16.          The Council wishes to work more closely with [Iwi name] for those reasons and to explore and develop the opportunities that a closer relationship between the parties will bring.

17.          [Insert any other shared or individual aspirations].

SHARED principles

18.          The parties commit to the following shared principles and to working together in a manner that reflects:

(a)            a partnership approach based on respect, good faith, integrity, transparency and open and effective communication;

(b)           a co-operative, supportive, positive and proactive approach;

(c)            respect for the roles and responsibilities of both parties;

(d)           a focus on the parties assisting each other to achieve the shared aspirations outlined in this Agreement;

(e)            early engagement and the provision of quality information; and

(f)            a constructive and timely approach to communicating any issues that may arise in the relationship and an open-minded approach to addressing those issues.

[SPECIFIC COMMITMENTS]

19.          [Insert any specific commitment between the parties at this point]

PROJECTS AND ARRANGEMENTS

20.          The parties are working together on the current or proposed projects and arrangements:

(a)            [Insert current projects and arrangements in Appendix Two].

21.          The parties may agree to work together on future projects or arrangements and the parties may agree to include these projects or arrangements in Appendix Three to this Agreement.

ENGAGEMENT AND meetings

22.       [example, Iwi representatives, the Mayor and Councillors will meet as mutually agreed but within a 6 month period. Iwi representatives, the Local Board Chairperson, members and Ward Councillor will meet a 6 monthly basis. There will be provision for additional meetings to be held at the request of either party.}

review AND AMENDMENT OF AGREEMENT

23            The parties will meet to discuss the state of the relationship and the implementation of this Agreement at least once each year.

24            The parties will meet to formally review this Agreement at least once every three years.

25            Either party may request an earlier review of this Agreement.

26            Any amendment to this Agreement must be agreed by the parties and recorded in writing. 

ROLES AND RESPONSBILITIES PRESERVED

27            The parties acknowledge that nothing in this Agreement restricts, fetters or derogates from the rights or responsibilities of [Iwi name] under the Local Government Act 2002, Resource Management Act 1991 or any other statute or regulation. If anything in this Agreement is inconsistent with any of those rights or responsibilities, then those rights or responsibilities prevail and this Agreement shall be construed and interpreted accordingly.

28            The parties acknowledge that nothing in this Agreement restricts, fetters or derogates from the statutory functions, duties and obligations imposed on the Council by the Local Government Act 2002, Resource Management Act 1991, or any other statute or regulation. If anything in this Agreement is inconsistent with any of the Council’s functions, duties, or obligations pursuant to statute or at law generally, then the functions, duties, and obligations of the Council pursuant to statute or at law generally prevail and this Agreement shall be construed and interpreted accordingly.

ADMINISTRATIVE PROVISIONS

29            Further provisions relating to the administration of this Agreement are included in Appendix One.

 


 

 

EXECUTED on behalf of [Iwi name]

 

 

 

by                                                                    ______________________________________

                                                                        CHAIRPERSON

 

 

EXECUTED on behalf of AUCKLAND COUNCIL

 

 

 

 

by                                                                    ______________________________________

                                                                        MAYOR

 

 

EXECUTED on behalf of [to insert] Local Board

 

 

 

 

by                                                                    ______________________________________

                                                                        CHAIRPERSON

 

 


 

APPENDIX ONE

ADMINISTRATIVE PROVISIONS

 

KEY CONTACT PERSONS & COMMUNICATION

1.     The key contact persons, and contact details for each party at the time of the signing of this Agreement are:

a.             [Insert for Iwi]; and

b.             [Insert for Council].

2.     All formal notices must be sent to the addresses set out above.

Protection of sensitive information

3.     The parties acknowledge that some information shared between them will be confidential, but that under the Local Government Official Information and Meetings Act 1987 the Council may be required to provide requested information.

4.     Where a party receives, or has received, whether before or after the commencement date, confidential information from the other party the recipient must, except as required by law:

(a)            keep the confidential information confidential;

(b)           not use, disclose or reproduce the confidential information for any purpose other than the purpose for which it was provided by the disclosing party;

(c)            not, without the disclosing party's prior written consent, disclose the confidential information to any person other than the recipient's employees, subcontractors, agents, officers and representatives who need the information for the purpose for which it was provided by the disclosing party; and

(d)           establish and maintain effective security measures to safeguard the confidential information from unauthorised access, use, copying or disclosure.

Issue Resolution

5.     Within one month after the commencement date of this Agreement, the parties will agree one person to act as a mediator in the case of any issues between the parties under this Agreement.  That person may be replaced from time to time by agreement between the parties.

6.     The parties will endeavour to act in good faith to address any issues arising in respect of rights or obligations specified in this Agreement at the immediate time such issues arise.

7.     Where an issue cannot be resolved between the parties after 10 working days the issue will be escalated to:

(a)            in the case of the [Iwi name] the Chairperson of [Māori entity]; and

(b)           in the case of the Council, the Governance Director.

8.     Where an issue is still not resolved after one month of having been escalated under clause 7, the issue shall be referred to the mediator agreed under clause 5, who will work with the parties to resolve the dispute.

9.     To assist in the ongoing development of a transparent and accountable relationship, Council and [Iwi name] will inform each other of any situation or development which may jeopardise or comprise each party’s commitment to this Agreement and their overall relationship with each other.

 

Managing Conflicts

10.  Council and [Iwi name] representatives will actively manage any conflict of interest that may arise, be they perceived or actual conflicts.

[to discuss other administrative provisions including notice provisions]

 

Resourcing

Capacity Funding

11.  Council recognises that it has a responsibility to enable (Iwi name) to participate and contribute to council decision-making processes. Council will negotiate a capacity funding agreement with the (Entity name) to enable (Iwi name) contribution.

Master Service Agreement

12.  Council will require the assistance and information from (Iwi name) through a range of policy planning and service initiatives. Council will negotiate a mater service agreement with the Iwi Trust that will enable departments to seek technical, cultural and professional advice from (Iwi name).

13.  Council will encourage Council Controlled Organisations to develop similar instruments to enable more effective engagement with (Iwi name).


 

APPENDIX TWO

Existing projects or arrangements

[e.g. attach statutory obligations, co-management agreements, other agreements and instruments,  iwi/hapu projects of interest to council, engagement protocols for iwi/hapu, local boards and governing body, local board projects of interest to mana whenua, regional projects of interest to mana whenua, resource consent protocols.]

 

 


 

APPENDIX THREE

FURTHER projects or arrangements

[e.g. attach joint work programme, projects or arrangements agreed in the future at the time they are agreed]

 


 

APPENDIX FOUR

SPECIFIC LOCAL BOARD ARRANGEMENTS

[Insert any specific arrangements for local boards]