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, 16 August 2017 at 5.00pm.

 

present

 

Chairperson

Lemauga Lydia Sosene

 

 

 

Members

Tauanu’u Nick Bakulich

 

 

 

 

Carrol Elliott, JP

 

 

 

 

Makalita Kolo

 

 

 

 

Tafafuna’i Tasi Lauese, JP

 

 

 

 

Christine O'Brien

 

 

 

 

ABSENT

 

 

Togiatolu Walter Togiamua

 

 

 

Cr Alf Filipaina

 

 

 

ALSO PRESENT

 

 

Cr Efeso Collins

 

 

 

 

 

 

 

 


Māngere-Ōtāhuhu Local Board

16 August 2017

 

 

1          Welcome

 

Tauanu’u Nick Bakulich led the meeting in prayer.

 

2          Apologies

 

Resolution number MO/2017/139

MOVED by Chairperson L Sosene, seconded by Member T Lauese:  

That the Māngere-Ōtāhuhu Local Board accept the apology from Togiatolu Walter Togiamua 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/2017/140

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

That the Māngere-Ōtāhuhu Local Board confirm the ordinary minutes of its meeting, held on Wednesday, 19 July 2017, as a true and correct record.

CARRIED

 

5          Leave of Absence

 

The Chair informed the board that she will be taking partial leave from 25 August to 25 September 2017, while involved in the election campaign as a party list candidate,  but she will attend some workshops in that time.

 

6          Acknowledgements

 

·         The sad passing of Te Ao Marama Wilson last month. Whaea Te Ao Marama was heavily involved in our Mana Whenua 101 engagement, the local board’s Māori input into local board decision-making project.

·         The sad passing of Noela Tuavale a long term resident in Māngere and parishioner at Māngere Pacific Island Presbyterian Church for many years since early 1970’s.  Noela leaves behind her family in Māngere.

 

 

7          Petitions

 

There were no petitions.

 

 

 

 

 

 

 

 

 

8          Deputations

 

8.1

Deputation - STRIVE Community Trust

 

Resolution number MO/2017/141

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

That the Māngere-Ōtāhuhu Local Board thanks Phil Davis, Sharon Wilson-Davis and Taitosaua Bill Peace from the STRIVE Community Trust for their attendance and presentation.

CARRIED

 

 

8.2

Deputation - Waikato-Tainui - Local Board Plan

 

Resolution number MO/2017/142

MOVED by Chairperson L Sosene, seconded by Member T Lauese:  

That the Māngere-Ōtāhuhu Local Board thanks Marae Tukere and Huriwai Paki from Waikato-Tainui iwi authority for their attendance and presentation.

 

CARRIED

 

 

9          Public Forum

 

There was no public forum.

 

10        Extraordinary Business

 

10.1

Auckland Council Local Alcohol Policy Project – Feedback on decision from the Alcohol Regulatory and Licensing Authority

 

 

 

Resolution number MO/2017/143

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

That the Māngere-Ōtāhuhu Local Board:

a)        consider an extraordinary item of business relating to the Auckland Council Local Alcohol Policy Project – Feedback on decision from the Alcohol Regulatory and Licensing Authority at agenda item 34.

 

b)        agrees that this item is extraordinary and should be considered before the next meeting of the Mangere-Otahuhu Local Board because the local boards need to formalise their views before the Governing Body meeting on 14 September 2017.

 

CARRIED

 

11        Notices of Motion

 

There were no notices of motion.

 

 

 

 

 

12

Manukau Ward Councillors Update

 

Resolution number MO/2017/144

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

That the verbal report from Cr Efeso Collins be received.

CARRIED

 

 

13

Local Board Leads and Appointments Report

           

Member Christine O’Brien tabled the Youth Connections Local Governance Group August 2017 presentation and is attached to the back of the minutes.

 

Resolution number MO/2017/145

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

That the verbal updates from local board members and the presentation tabled at the meeting be received.

CARRIED

 

 

14

Chairpersons Report and Announcements

 

Resolution number MO/2017/146

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

That the verbal update be received.

CARRIED

 

 

15

Māngere-Ōtāhuhu Local Board Accessibility Action Plan 2017-2020

 

Resolution number MO/2017/147

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

That the Māngere-Ōtāhuhu Local Board:

a)         adopt the Māngere-Ōtāhuhu Local Board Accessibility Action Plan 2017-2020.

b)      request staff workshop the options for implementation of the plan with the local board in a timely manner.

c)      ensure the final plan is referred to relevant officers within Community Facilities and Community Services – Parks Sports and Recreation, Arts Community and Events; and Auckland Transport.

 

CARRIED

 

 

16

Auckland Transport Update - August 2017

 

Resolution number MO/2017/148

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

That the Māngere-Ōtāhuhu Local Board note the Auckland Transport Update report – August 2017.

CARRIED

 

 

17

Airport Access

 

Resolution number MO/2017/149

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

That the Māngere-Ōtāhuhu Local Board:

 

a)             receive the report on Airport Access from Auckland Transport.

 

b)            provides the following feedback to the Airport Access report:

                      i.        that the board continues to hold the view that Heavy Rapid Rail is the preferred option, a point the board has consistently advocated about to council’s governing body, Auckland Transport and New Zealand Land Transport Authority (NZTA).

                    ii.        that the heavy rail corridor to the airport is identified in the Auckland Plan and that there was no governing body resolution to strike out that infrastructure priority.

                   iii.        that the current selection for light rail between central Auckland and the airport fails to consider major growth implications for areas in the south, north and west. In 2015 Māngere-Ōtāhuhu area experienced Gross Domestic Product (GDP) growth of 5.4 per cent, much higher than the growth rates in Auckland (3.4 per cent). In the ten years to 2015 the Māngere-Ōtāhuhu economy grew at an average annual rate of 3.3 per cent, higher than the 2.3 per cent in the Auckland region.

                   iv.        that a thorough comparative analysis of the benefits of a heavy rail line from Central Business District (CBD) to Onehunga and CBD to the Airport is warranted. For instance, such an analysis must take into account recent local data on commuter traffic as well as the growing business and industry in and around the airport.

                     v.        that the Auckland International Airport and central government are key stakeholders and have a responsibility to meet the costs for this major infrastructure. The airport is a gateway for tourism and trade for the country and the cost burden of the transport and freight link is not the sole responsibility of Auckland ratepayers.

                   vi.        that opportunities for public private partnership must be actively pursued to realise this transport infrastructure goal of Heavy Rapid Rail link to the airport in the short to medium term.

CARRIED

 

 

18

Grant of landowner approval and Lease for Additional Premises to Tavaesina Trust Board at Old School Reserve, 299R Kirkbride Road, Māngere

 

Resolution number MO/2017/150

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

That the Māngere-Ōtāhuhu Local Board:

a)      grant landowner approval to Tavaesina Trust Board to construct the proposed extension to the existing early childhood education facility located on Old School Reserve at 299R Kirkbride Road, legally described as Allotment 366 Manurewa Parish, in general accordance with the plans prepared by Signature Building Limited dated 7 March 2016 and numbered; 200, 201, 202, 300, 400, 401, subject to the following conditions:

i.       Auckland Council’s Landscape Architecture team in the Community Facilities Department shall be given the opportunity to review the plans once they have been drafted.

 

ii.      The two car parks shown on the plans will not be built until a review of the overall   parking arrangement has been undertaken for the parks facilities.

b)      delegate authority to the Chairperson and Deputy Chairperson to review any minor changes to the project.

c)      grant a lease for additional premises to the Tavaesina Trust Board located at 299R Kirkbride Road, Māngere subject to the following terms and conditions:

i.       Term – eight years and ten months commencing 16 August 2017 to 12 June 2026.

d)      all other lease terms and conditions will be in accordance with the terms and conditions contained in the operative community lease to the Tavaesina Trust Board dated 31 August 2016.

CARRIED

 

Member T Lauese left the meeting at 6.40 pm.

Member M Kolo left the meeting at 6.40 pm.

 

19

Proposed South Harbour Business Association Inc. Business Improvement District Expansion Boundray Map.

 

This item has been withdrawn.

 

 

Member T Lauese returned to the meeting at 6.43 pm.

 

20

New Road Name Approval for the residential subdivision by Housing New Zealand at 101 – 133 Walmsley Road, 56 & 58 Mahunga Drive and 2 – 8 Favona Road, Mangere (Amended)

 

Resolution number MO/2017/151

MOVED by Member C O'Brien, seconded by Member T Lauese:  

That the Māngere-Ōtāhuhu Local Board:

a)            pursuant to section 319(1)(j) of the Local Government Act 1974, approve the road names ‘Greenhouse Road’ (Road 1) ‘Market Cove Road’ (Road 2), ‘Fruit Lane’ (Road 3), ‘Porena Lane’ (Road 4), ‘Amari Way’ (Road 7), ‘Kanga Lane’ (Road 8), ‘Farro Place’ (Road 11), ‘Tarapunga Way’ (Road 12), ‘Cammell Honey Lane’ (Road 13), ‘Glasshouse Lane’ (Road 14), ‘Te Whanga Crescent’ (Road 15), ‘Puaka Road’ (Road 16), ‘Nga Awa Place’ (Road 17), ‘Tapotu Road’ (Road 18), proposed by the Applicant, for the new roads created by way of subdivision at 101 – 133 Walmsley Road, 56 & 58 Mahunga Drive and 2 – 8 Favona Road, Mangere.   

 

b)            request that all the Māori names be checked for spelling and macrons inserted where required.

CARRIED

 

Member M Kolo returned to the meeting at 6.46 pm during Item 20.

 

 

 

 

 

 

 

21

New Road Name Approval for the residential subdivision by Gemscott Property Investment Ltd at 125 Hall Avenue and 13 Curlew Place, Mangere

 

Resolution number MO/2017/152

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

That the Māngere-Ōtāhuhu Local Board, pursuant to section 319(1)(j) of the Local Government Act 1974, approve the road name Āwhina Street”, proposed by the Applicant, for the new road created by way of subdivision at 125 Hall Avenue and  13 Curlew Place, Mangere. 

CARRIED

 

 

22

Input to the Review of Citizens Advice Bureaux services

 

The local board’s feedback is attached to the back of the minutes.

 

Resolution number MO/2017/153

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

That the Māngere-Ōtāhuhu Local Board approve the local board’s input to the review of Citizens Advice Bureaux services as circulated and tabled at the meeting.

CARRIED

 

Member N Bakulich left the meeting at 7.01 pm.

 

23

Draft Annual Report 2016/2017 – Māngere-Ōtāhuhu Local Board report

 

Resolution number MO/2017/154

MOVED by Chairperson L Sosene, seconded by Member T Lauese:  

That the Māngere-Ōtāhuhu Local Board:

a)      notes the monitoring and reporting requirements set out in the Local Government (Auckland Council) Act 2009 and the draft local board information proposed for the Auckland Council Annual Report 2016/2017.

b)      receives the draft local board report to be included in the Auckland Council Annual Report 2016/2017.

c)      approve the message from the chairperson, which provides the local board’s comments on local board matters in the Annual Report 2016/2017.

d)      gives authority to the chairperson and deputy chairperson to make typographical changes before submitting for final publication.

CARRIED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

24

Auckland Council's Quarterly Performance Report Mangere Otahuhu Local Board for Quarter 4, April to June 2017

 

Resolution number MO/2017/155

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

That the Māngere-Ōtāhuhu Local Board:

a)      receive the performance report for the financial quarter ending 30 June 2017.

b)      note the correction to the report under paragraph 14 that the project ‘Assess options for multi-use facility in Mangere East, ($50,000) has been deferred for expenditure in the 2017/2018 financial year.

CARRIED

 

Member N Bakulich returned to the meeting at 7.07 pm.

 

25

ATEED six-monthly report to the Māngere-Ōtāhuhu Local Board

 

Resolution number MO/2017/156

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

That the Māngere-Ōtāhuhu Local Board:

a)         receive the six-monthly report period 1 January to 30 June 2017.

b)        requests that there is genuine engagement of the local board in the various projects, programmes and activities facilitated by ATEED in our local board area.

CARRIED

 

26

Reporting back on completion of Māngere Bridge, Māngere East and Favona Built Heritage Survey (stage 1) and historic heritage and character evaluations (stage 2)

 

Resolution number MO/2017/157

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

That the Māngere-Ōtāhuhu Local Board:

a)      receives the final Māngere Bridge, Māngere East and Favona Built Heritage Survey. (Attachment A).

b)      notes the completion of the historic heritage and character area evaluations undertaken.

CARRIED

 

27

Feedback on the Tākaro – Investing in Play discussion document

 

Resolution number MO/2017/158

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

That the Māngere-Ōtāhuhu Local Board:

a)            support the development of a regional investment plan for play, with these objectives:

                i.          that council investment in play is allocated between local boards in proportion to the number of young Aucklanders living in each local board area.

               ii.          that local boards are the decision-makers on play investments in their local board area.

 

b)            request that local boards are supported to develop their own guidelines for investment decisions, using the regional investment plan as a base.

 

c)            note that if new funds are to be made available for play, it is the governing body’s role to allocate these according to strategic priorities.  However, once allocated the local boards are the decision-makers with regards to the type of play they wish to support in their local area.

 

d)            note that the board have governance responsibility for playgrounds in local parks including decision-making on design, location and oversight and renewals spending. An investment plan endorsed by the Governing Body can guide local board decisions but should not be binding.

 

e)         decline to answer the specific questions, because the issues raised are not appropriate for inclusion in a regional plan, but are best addressed by each local board considering the creation or renewal of play spaces in their local board area. E.g. Māngere-Ōtāhuhu has a higher proportion of children compared to the rest of Auckland and it is an area of high socio economic deprivation. While principles of equity and inclusion are noted in the discussion document, local boards are responsible for shaping a local response.

CARRIED

 

The meeting adjourned for a 10 minute break at 7.37pm.

The meeting reconvened at 7.47pm.

 

 

28

Submissions and feedback on the draft Māngere-Ōtāhuhu Local Board Plan 2017

 

Resolution number MO/2017/159

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

That the Māngere-Ōtāhuhu Local Board:

a)         receive submissions and feedback on the draft Māngere-Ōtāhuhu Local Board Plan 2017.

b)         thanks all the staff involved in the Local Board Plan engagement and submission analysis.

CARRIED

 

 

29

Governance Framework Review Recommendations

 

Resolution number MO/2017/160

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

That the Māngere-Ōtāhuhu Local Board:

a)      Provide the following feedback on the draft positions and recommendations of the Political Working Party:

Regional policy and decision-making

i.           Agree that council should implement new mechanisms that ensure effective local board input to regional policy decisions, via a framework that sets out, at a minimum:

·   A process for involving local boards in the development of regional work programmes at the beginning of each term and in an annual refresh;

·   Earlier and more joint engagement between local boards and the governing body in regional decision-making processes

·   Requirements for analysis of local impacts and local interest of regional decisions and options, and reporting of this to local boards and the governing body

·   Specified criteria for categorising the potential local impact and local board interest of regional decisions

·   Processes and methods for tailoring local board engagement in line with the local impact and local interest of regional decisions e.g. high categorisation requiring more specific local engagement and analysis, low categorisation requiring more cluster joint local board workshop sessions and less in depth analysis.

·   Specified methods for engagement and communication with local boards at all stages of the decision-making process.

ii.          Direct that local boards will be consulted on the details of these mechanisms prior to implementation.

iii.         Note that the Quality Advice programme is continuing to be implemented in order to improve the quality of advice to elected members for decision-making, in line with the recommendations of the Governance Framework Review.

iv.         Agree not to implement any formal policies or procedures that control when and how local boards may procure external or contestable advice, but note that, in principle, the Auckland Council organisation should be the first provider of advice to local boards.

v.          Agree not to implement any policy or procedure that would limit local boards’ ability to advocate to the governing body on regional issues.

Local decisions that may have regional impacts (development of a ‘call-in’ right)

vi.         Note that an explicit call-in right is not possible under the Local Government (Auckland Council) Act 

vii.        Agree not to implement any mechanism that would have the effect of ‘calling in’ or allocating decision-making to the governing body for otherwise local activities or decisions that have regional implications.

viii.       Direct officers that, whenever a local board is to make a decision that has potential impacts beyond the immediate local board area e.g. a sub-regional impact or an impact on regional networks, advice on those potential impacts is to be provided to the local board as a matter of course (for example through a regional impact statement).

Allocations and delegations

ix.         Agree that the governing body delegates, subject to the necessary statutory tests being met, the following Reserves Act 1977 decision-making functions for local reserves to local boards:

·    declaration

·    classification

·    reclassification

·    application for revocation of reserve status (limited to when there is a desire by a local board to manage open space under the LGA)

x.          Agree that the Minister of Conservation’s supervisory powers remain delegated to staff, but where there is likely to be significant public interest, an independent commissioner should be engaged.

The role of Auckland Transport and local boards

xi.         Note the critical interface between the local place-shaping role of local boards and Auckland Transport’s jurisdiction over the road corridor and transport networks.

xii.        Note that the Governance Manual for Substantive CCOs requires Auckland Transport, amongst other things, to:

·   develop, with local boards, a shared understanding of local board views and CCO priorities to inform the following year’s business planning, including through an annual interactive workshop ‘where local boards communicate their local board priorities and the CCOs communicate how their current year work programme will contribute to local board priorities’.

·   develop by 31 July each year an annual local board engagement plan, which includes a schedule ‘clearly indicat[ing] for each board, the projects and/or activities that it expects to report on, and the projects and activities that it expects to consult on, for the following year. This should be updated annually or more frequently if required.’  

·   report against their local board engagement plan in their quarterly performance reports to the CCO Governance and Monitoring Committee.

xiii.       Direct Auckland Transport to meet all requirements for local board engagement as set out in the Governance Manual for Substantive CCOs.

xiv.       Direct Auckland Council officers to monitor Auckland Transport’s compliance with the requirements for local board engagement, as set out in the Governance Manual for Substantive CCOs, and to report this monitoring to the governing body at least annually.

xv.        Note that the Mayor’s 2017 letter of expectation to Auckland Transport stipulated that council expects there to be:

·   better and earlier engagement and communication between Auckland Transport and local boards;

·   active consideration by Auckland Transport of which of its decision-making powers it could delegate to local boards (within the constraints created by the regulatory environment, safety considerations, the needs of regional networks and the role played by NZTA in decision-making).

xvi.       Note that the following activity statement has been included in Auckland Transport’s 2017-2020 Statement of Intent:

·         ‘Participation in the governance review which is aimed at changing behaviours and processes across relevant Council family activities, including Auckland Transport, to enable local boards to give effect to their governance role, particularly around local place-shaping.’

xvii.      Note that the Governance Framework Review has investigated the potential delegation of a range of Auckland Transport powers and the working party recommends that additional work be undertaken to identify delegation opportunities

xviii.     Direct Auckland Transport, in working with local boards, to:

·   Ensure that local boards have a strong governance role in determining the ‘look and feel’ of town centres and streetscapes, in line with their allocation of non-regulatory decision-making

·   Improve co-ordination between local place-shaping projects, such as town centre upgrades, and its renewals programmes

·   Provide more opportunities for local board direction on the prioritisation of minor traffic safety projects, with the exception of those which Auckland Transport considers are of critical safety importance

·   Be more responsive to local place-shaping initiatives in non-transport parts of the road corridor, including reducing or removing barriers to community place-making initiatives e.g. looking at ways to reduce the costs of developing traffic management plans for community events

·   Take direction from local boards on how and where to implement community-focused programmes

xix.       Direct Auckland Transport to report to the governing body annually on how it is meeting the directions given under recommendation xx.

xx.        Note that the Quality Advice programme has been working with Auckland Transport to improve the quality of advice to local boards and will shortly begin regular six monthly surveys of local board members’ satisfaction with Auckland Transport advice, engagement and reporting to local boards.

xxi.       Note that the Local Board Transport Capital Fund is valued by local boards but that the level of funding means that some boards are not able to progress meaningful projects, and that improved local transport outcomes may be achieved if the size of the fund was significantly increased.

xxii.      Direct officers to report to the relevant governing body committee, through the Long Term Plan process, on options for significantly increasing the Local Board Transport Capital Fund and the method of allocation of the fund.

xxiii.     Direct Auckland Transport to implement a more systematic work programme approach to assist local boards to identify potential projects and make decisions.

xxiv.     Direct Auckland Transport to actively engage with governing body members (ward councillors) on transport projects and issues within their ward areas.

Waiheke Local Board pilot

xxv.      Agree that the governing body should endorse the Waiheke Local Board pilot project as set out in the Waiheke Local Board pilot project plan, although the Māngere-Ōtāhuhu Local Board is surprised that such effort and resource is being directed towards a local board area seeking to leave Auckland Council under a local government reorganisation proposal.

xxvi.     Note that the Waiheke Local Board will maintain oversight of local implementation of the pilot.

Local boards funding and finance

xxvii.    Agree that the enhanced status quo model be progressed now, giving as much additional decision making to local boards as possible within that framework.

xxviii.   Agree that the additional work to support the Enhanced status quo model be undertaken – framework for service levels and local flexibility, options for addressing historical uneven funding, bulk funding of asset based services, improving the information and advice that is provided to local boards.

xxix.     Agree that further work on the implications of the local decision making model also be undertaken for further consideration - modelling of rates implication following the revaluation, costs to the organisation of supporting more local decision making etc. The Māngere-Ōtāhuhu Local Board supports further work on this option and agrees with principles around a local rates model that would give local boards more opportunity to exercise effective and comprehensive local decision-making and place-shaping. However, local board members have considerable concerns about this model, as the local board cannot guarantee that the Governing Body would agree a local rates model that takes sufficient account of deprivation in our community and ensures our local ratepayers don’t face significant increases for the same levels of service.

 

The optimum number of local boards

xxx.      Agree that council should undertake no further work on changing the number of local boards until at least after the governance framework review has been completed and implemented, and the outcomes of reorganisation proposals that are underway for North Rodney and Waiheke Island are known.

Methods of electing governing body members

xxxi.     Agree that a change to the current system of electing governing body members from existing wards is not warranted purely to address alignment between governing body members and local boards

xxxii.    Note that the statutory review of representation arrangements for Auckland Council must be completed by September 2018.

xxxiii.   Note that the Local Government Act Amendment Bill No. 2, which proposes a simplified process for local government-led reorganisation processes, is currently before Parliament.

xxxiv.   Agree that council should continue to advocate to central government for legislative amendments that would allow changes to the number of governing body members in line with population changes, and simplification of the process for changes to numbers and boundaries of local boards.

b)      Provide feedback that decision-making for exchanges of reserve land is best undertaken with a regional view and should continue to sit with the governing body, provided local boards are well consulted and involved in the process.

c)      Provide feedback that its preferred naming conventions for governing body members and local board members are Councillor and Local Councillor respectively.

 

d)      Provide feedback that a joint local board/governing body political working party should continue with the work of ensuring these recommendations are implemented and to keep the shared governance model on track.

 

CARRIED

 

Member T Lauese left the meeting at 8.04 pm during Item 29.

 

30

Feedback on the proposed direction of the Auckland Regional Pest Management Plan

 

Resolution number MO/2017/161

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

That the Māngere-Ōtāhuhu Local Board:

a)      endorse the feedback on the proposed direction of specific regional and local programmes being considered as part of the Auckland Regional Pest Management Plan review (as per Attachment C of the agenda report).

 

CARRIED

 

 

31

Local board resolution responses and information report

 

Resolution number MO/2017/162

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

That the Māngere-Ōtāhuhu Local Board:

a)      notes the update on the Community Grants Programme and confirms dates for 2017/2018 as proposed.

b)      notes the update on Metro Theatre hire charges and declines the option of meeting the cost of subsidising hire by South Auckland Traditional Country and Western Club as a direct allocation, but ask that the Community Funding Officers urgently assist the club with a grant application.

c)      notes options for programmes at Mangere Arts Centre and approve these provided they are captured in and reported on in the local board work programme.

CARRIED

 

 

32

Mangere-Otahuhu Local Board Workshop Notes

 

Resolution number MO/2017/163

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

That the Māngere-Ōtāhuhu Local Board workshop notes from the workshops held 5, 12 and 26 July 2017 be received.

CARRIED

 

 

 

 

 

 

33

Governance Forward Work Calendar

 

Resolution number MO/2017/164

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

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

CARRIED

  

 

34        Consideration of Extraordinary Items

 

34.1

Auckland Council Local Alcohol Policy Project – Feedback on decision from the Alcohol Regulatory and Licensing Authority

 

The report and attachments A and B are attached to the back of the minutes.

 

Resolution number MO/2017/165

 

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

 

That the Māngere-Ōtāhuhu Local Board:

 

(a)        provides the following feedback to the Governing Body on the options for elements to be reconsidered:

 

Element to be reconsidered

Māngere-Ōtāhuhu Local Board Feedback

 

Maximum off-licence trading hours of 9.00am to 9.00pm

 

 

Resubmit the policy with the opening hour amended

 

 

Restricts the hours within which alcohol may be delivered from remote sellers

 

 

Resubmit the policy with this element deleted

 

 

Requires the DLC and ARLA to have regard to Local Impact Reports on all medium to very high-risk off-licence renewals in the Priority Overlay area

 

 

Resubmit the policy to ARLA with the element replaced with an amended (re-drafted) element

Recommends discretionary conditions for off-licences of ‘no single sales’

Resubmit the policy to ARLA with the element replaced with an amended (re-drafted) element

 

Recommends discretionary conditions for off-licences of afternoon closing of premises near education facilities

 

Resubmit the policy to ARLA with the element replaced with an amended (re-drafted) element

 

b)         request the Regulatory Committee to continue the development of a local alcohol policy, and progress it without delay.

 

c)          request that the Regulatory Committee engage with the board when considering the detail of the amendments to the policy.

CARRIED

 

 

 

 

 

 

 

Member Elliott closed the meeting in prayer.

 

 

8.35pm                                               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 13 Christine O’Brien

 

 


Item 22 Feedback

 

Māngere-Ōtāhuhu Local Board input to Review of Citizens Advice Bureaux Services

 

Local board

 Māngere-Ōtāhuhu  Local Board

Workshop date

Wednesday 26 July 2017

Note takers

Local board services/Arts, Community and Events

 

General:

The Māngere-Ōtāhuhu Local Board would like the opportunity to verbally present its position at the Environment and Community Committee meeting when this matter is being heard. 

 

1.    Current relationship

1a. What is your relationship with your local CAB?

 

i.              Two Māngere-Ōtāhuhu local board members are volunteers as Justice of the Peace agents at Māngere CAB.  The relationship with the local board and this CAB is very close and cooperative, a collegial relationship.

ii.             The board has funded the Mangere and Otahuhu CAB agencies previously $26,000 and $12,000 respective (2015/2016).

iii.            The board have also funded the Māngere CAB for the ongoing provision of CAB agency services to the community of Ōtāhuhu in the 2015/16, 2016/17, and again made this commitment for 2017/2018 financial year. Ongoing operational funding of $26,000 will be required every year for this CAB for services to the Otahuhu area.

iv.           The board approved a new multi-premises lease to ACAB in August 2016 for local Māngere and Ōtāhuhu CAB services.

 

 

2.    Value of the service

  2a.   What is the value of your local bureau service to your community?

 

                      i.        The local CAB volunteers are marvellous. They provide ‘day to day’ guidance to their customers including legal information, budgeting and immigration advice, and customer referrals to local foodbanks and other social services.

                     ii.        The volunteers are knowledgeable and experienced, and knowing when to refer people to specialist services like, the law office. 

                    iii.        The local CAB benefits from having a number of Pasifika volunteers who can communicate with Pasifika customers in their native language. 

                   iv.        The Māngere CAB is a very busy service. For people new to the area this service is considered a point of entry into the local community. Customers with multiple queries have found it useful in accessing support in one location.

                    v.        The local CABs are vital and connecting customers to other services i.e. foodbanks, is important, having local CABs near town centres is an advantage and are easily accessible for CAB users. 

 

2b.   Is your local bureau delivering outcomes that support the local area and

local board objectives?

 

                      i.        The board members speak highly of the services provided in the local CABs. The experience, knowledge professionalism of the volunteers, and the care for its customers are characteristics linked to the local CABs.

                     ii.        The board disagree with ACAB not funding the Mangere and Otahuhu CAB’s budgetary advice. The board request ACAB to reverse this decision, and commence funding the CAB’s in Mangere and Otahuhu, as a matter of urgency. This service is vital, as affordability concerns for basic needs, like accommodation, transport, and health is sometimes compromised due to low income and compounded by the lack of budgeting skills.

                    iii.        Typically the cases handled by the Māngere CAB services are for multiple queries, with schools, social welfare, education and compounded sometimes with interpreting these concerns when English for customers is a second language. For that reason visitor/ entry through the door numbers do not reflect the actual need for the services. That is, the needs are significant and the numbers of people coming through the doors do not give the full picture of the complex and multiple needs involved with CAB service users.

 

3.    Equity and fairness

3a.   Is the current funding model effective in terms of delivering what is required for Auckland and locally?

 

i.      The current funding model is not effective. The board request that the model include the area’s demographics and weigh deprivation high as a criterion.

ii.     Under the Local Board Funding policy, funding for local activities is allocated to board based on – Population 90%, deprivation 5% and land area 5%. This formula can be adapted to consider weighting deprivation as a greater factor, and not population alone.

iii.    That the board prefers sustainable funding models and for services offered by Māngere CAB to be fully funded under the ACABx – council funding arrangement

 

3b.   What kind of factors should be considered in the funding of local bureaux to ensure fair and equitable service distribution across the region?

 

i.      Deprivation

·         The board request that deprivation is given more weight as a criterion when allocating funds to CABs in the region. The current funding model fails to reflect the diverse needs and low socio-economic factors in the local area when compared to other communities across the Auckland region.  

 

·         The following criteria should be included:

                                                          i.    Transport provision – include public transport

                                                         ii.    affordability – home ownership

                                                        iii.    NZ index decile rating

                                                       iv.    Negative health indicators i.e. obesity rates

                                                        v.    Online and communication accessibility

                                                       vi.    Volunteers that can communicate in more than one language

                                                      vii.    Housing NZ development in the local area

 

ii.     Growth and development

·         Housing NZ development is increasing in the local area. A need for social, community services, efficient and affordable public services for a growing low income and beneficiary reliant population is required.

·         The Otahuhu-Middlemore Spatial priority area has led to investment for development of major transport hub in Otahuhu and town centre improvements. And predictions are that there is significant residential growth now and in the years ahead.

·         The Māngere-Ōtāhuhu area is also where people transit through – airport, and a high rental community.

 

 

4.    Reporting

4a.  What type of information does the board wish to receive when local bureau are reporting?

 

i.              The board resolved to encourage Auckland Council and Auckland Citizens’ Advice Bureaux (ACABx), given the rapid growth of Auckland, to develop a regional plan for Auckland Bureaux provision to guide future assessment of and investment in local Citizens Advice Bureau services, as there appears to be a considerable gap in planning for the future and local boards shouldn’t be expected to fund new CAB services.

ii.             The board would like to receive better information from ACAB to how its local board plan outcomes are measured against ACAB and Auckland Council’s funding agreement. This information will inform the board’s future support to local CABs.

 

4b. Would you prefer that the local bureau report quarterly or six monthly to the local board?

 

i.              The board will accept six-monthly reports including the following: how the board’s support has contributed to the local board plan outcomes, customer numbers and the services they access.  Providing data analysis highlighting trends and recommendations is also welcomed by the board. The analysis should be easy to understand at a glance.

ii.             The board have not received regular and sufficient information to properly inform its support and governance role to the local CAB in particular Otahuhu. The board would welcome this information.

 

5.    CABx

5a. Do you understand the role of ACABx in relation to your local bureau?

 

i.              The board has worked hard to help resolve tension between ACAB and Mangere CAB. The board has expressed its support for local CABs, and seek to resolve this matter and continue its successful operations.

ii.             The board has limited understanding to ACAB’s role, only that it is a regional umbrella for distributing funding and doesn’t seem to have any other purpose.

iii.            ACAB does not have a plan for more equitable distribution of funding or for funding to respond to Auckland’s growth and diversity. The board question if ACAB is the best funding distribution model.

iv.           The board would like to ask what are the pros and cons if funding is directly distributed by Auckland Council to the local CABs. Or, couldn’t a more localised model of distribution funds be developed – incorporating the formula and criterion in #3.

 

6.    Aspirations for the future

6a. Regarding CAB services, what is working well in your local board area?

 

i.              Be interesting to understand the ethnicity of the volunteers in the local CAB.  Seems to be well representative of the local community.

ii.             CAB a great stepping stone for the local community- a great confidence booster for the community.

 

6b. What would you change if you could?

 

i.              The funding model to include criterion noted in # 3 highlighting deprivation.

 

 

 

Item 34.1 Extraordinary Business Report

 

Auckland Council Local Alcohol Policy Project – Feedback on decision from the Alcohol Regulatory and Licensing Authority

 

 

 


Purpose

1.         To provide an update and seek feedback on the recent decision received from the Alcohol Regulatory and Licensing Authority (Authority) with regards to the appeals against the Provisional Local Alcohol Policy (Alcohol Policy).

Executive summary

2.         The council was successful in its defence of the Alcohol Policy.

3.         The Authority has required the council to reconsider the five elements of the Alcohol Policy:

·         the maximum trading hours for off-licence premises, specifically the 9am opening restriction

·         restriction for the hours of delivery for remote sellers

·         the requirement for a Local Impacts Report when an off-licence is renewed

·         two discretionary conditions for off-licences to restrict single sales and to require closing in the afternoon if the off-licence is located near education facilities.

4.         For each of the elements, council must decide whether to:

·         delete, amend or replace the element or

·         appeal to the High Court the Authority’s finding that the element is unreasonable

5.         Council can also decide to discontinue the development of the local alcohol policy.

6.         When the local alcohol policy would come into force is dependent on the chosen course of action.

7.         A decision report is being prepared for the 14 September 2017 Regulatory Committee meeting.

8.         Council are seeking feedback from local boards on the options for the elements to be reconsidered.

9.         Feedback from local boards needs to be received by staff by 1 September 2017 if it is to be included in the decision report. If feedback is received after 1 September 2017, resolutions passed by local boards will be tabled at the Regulatory Committee meeting.

 

Do not delete this line


 

Recommendation/s

That the Māngere-Ōtāhuhu Local Board:

a)         provides formal feedback on the options for elements to be reconsidered.

 

Do not delete this line


Comments

Background

Successful defence of major alcohol policies and a need to reconsider five elements

10.      The Authority released its decision on the appeals against council’s Alcohol Policy on 19 July 2017. The council has been successful in defending the majority of its policies and has been asked by the Authority to reconsider five policy elements.

11.      A high level summary of policy elements of the Alcohol Policy is contained in Attachment A. The elements highlighted in yellow are those which the council has been asked to reconsider.

12.      Council needs to reconsider the elements of the Alcohol Policy (refer table 1) before a local alcohol policy is adopted and comes into force.

 

Table one: Elements for council decision making and whether to delete, amend, replace or appeal

Element to be reconsidered

Original reason for inclusion

Authority’s reasoning for the element being unreasonable

Clause 4.3.1 - Off-Licence Maximum Trading Hours

Maximum trading hours for off-licence premises. This is the proposed 9.00am restriction on opening and the 9.00pm restriction on closing.

Restricting trading hours for off-licences from 9.00am until 9.00pm was to:

·      limit the availability of alcohol

·      reduce young people’s exposure to alcohol in the morning and

·      address ‘pre-loading’, ‘side-loading’, ‘post-loading’ and violence in the home.

 

The 9.00am opening hour restriction was found unreasonable. The Authority stated that there was an absence of strong evidence to support an opening hour restriction.

The Authority indicated that it did not consider it was established that the closing hour restriction of 9.00pm was unreasonable in light of the object of the Sale and Supply of Alcohol Act 2012, however as it formed part of the same element as the opening hour restriction, the Authority has directed the council to reconsider the entire element.

Clauses 4.3.2 and 4.3.3 - Remote Sellers

Restrictions for the hours of delivery of alcohol for remote sellers.

To reduce the availability of alcohol, it could not be delivered outside the hours of 6.00am to 9.00pm, Monday to Sunday.

It was found by the Authority that these elements were beyond the legal authority of the Act. If an element is beyond the legal authority of the Act, it will be found unreasonable.

Clauses 4.2.2 and 4.2.3 - Renewals of Off-Licences Requiring a Local Impacts Report

A requirement for the District Licensing Committee and the Authority to have regard to a Local Impacts Report when an off-licence is renewed for certain premises.

 

The purpose of higher-risk licence renewals in Priority Overlay areas requiring a Local Impacts Report was to provide decision-makers with additional information about matters such as:

·      local demographics

·      local land uses and

·      sensitive sites in the area (such as education facilities, treatment facilities and maraes).

This information was to assist decision-makers with conditions to include on licence renewals to mitigate impact of the alcohol licence.

These elements were subject to the consent order process. The Authority, after hearing the evidence, was satisfied that there were shortcomings with this element and that the council should reconsider it.

Clause 4.5.1(c) – Discretionary Condition for Off-Licences – Single Sales

Consideration of a discretionary condition for off-licences regarding single sales being included for certain premises.

This condition to be included in certain circumstances, particularly in a Priority Overlay area. It aimed to limit the availability of alcohol in areas with higher risk of alcohol-related harm.

 

This element was subject to the consent order process. The Authority, after hearing the evidence, was satisfied that there were shortcomings with this element and that the council should reconsider it.

Clause 4.5.1(d) – Discretionary Condition for Off-Licences – Afternoon Closing

Consideration of a discretionary condition for off-licences to be closed in the afternoon if located near education facilities.

This condition to be included in certain circumstances, particularly in a Priority Overlay area. The purpose was to reduce the visibility of alcohol to children and young people.

This element was subject to the consent order process. The Authority, after hearing the evidence, was satisfied that there were shortcomings with this element and that the council should reconsider it.

 

Next Steps

Appeal extension being sought for decision making by Regulatory Committee in September 2017

13.      Staff are currently making an application to the High Court to extend the appeal date from 16 August 2017 to 28 September 2017.

14.      Council will need to decide its approach to the elements the Authority has asked council to reconsider including whether to:

·      delete the unreasonable element from the Alcohol Policy

·      amend or replace the unreasonable element in the Alcohol Policy

·      appeal to the High Court against the Authority’s finding that the element is unreasonable.

15.      Council may also decide to discontinue the development of a local alcohol policy.

16.      A report is being prepared for decision making at the 14 September 2017 Regulatory Committee meeting.

17.      If council decides to delete, amend or replace an element from the Alcohol Policy, it will be need to be considered by the Authority. All persons who have previously provided a submission on an amended element are required to be notified of council’s intent. This could result in additional appeals.

18.      Council are seeking feedback from local boards on the options for the elements to be reconsidered.

19.      Feedback from local boards needs to be received by staff by 1 September 2017 if it is to be included in the decision report. If feedback is received after 1 September 2017, resolutions passed by local boards will be tabled at the Regulatory Committee meeting.

Consideration

Local board views and implications

20.      Local boards have played a significant role in shaping the draft local alcohol policy including:

·         participation in the joint political working party

·         provided feedback at the issues and options stage of the project through individual workshops in 2013

·         provided feedback on the staff position paper in 2013

·         provided feedback on the draft local alcohol policy in 2014.

Māori impact statement

21.      The local alcohol policy seeks to improve the health of Māori.

22.      Throughout the development of the draft local alcohol policy and the special consultative procedure staff worked with numerous parties including the Independent Māori Statutory Board to deliver a program for engaging with and involving Māori on alcohol issues.

 

Attachments

No.

Title

Page

a

Summary of Provisional Local Alcohol Policy – Policy Elements

 

Signatories

Authors

Local Board Services

Authorisers

Carol McKenzie-Rex – Relationship Manager Māngere-Ōtāhuhu Local Board

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Item 34.1 Extraordinary Business Report Attachment A

Attachment A

Item 34.1 Extraordinary Business Report Attachment B

 

 

Alcohol Regulatory and Licensing Authority Decision regarding the Auckland Council Provisional Local Alcohol Policy – advice from contractor for Māngere-Ōtāhuhu Local Board’s alcohol licensing project: G. Hewison and Associates

 

 

  

Executive summary

 

After considering the appeals, ARLA has largely upheld the Auckland Council PLAP. This includes, for example, the two-year freeze on new licences in priority areas and closing hours of 9.00pm for all off-licences.

 

However, there are four elements of the PLAP that ARLA has decided are unreasonable in light of the object of the Act:

 

·         the off-licence opening hours of 9.00am

·         the restriction on the hours that alcohol may be delivered from remote sellers

·         the requirement for Local Impact Reports[1] on off-licence renewals for medium to very high risk premises in the Priority Overlay Area, and

·         the drafting of the discretionary conditions for ‘no single sales’ and afternoon closing of off-licences near Education Facilities.

 

The Council has accordingly been asked to reconsider these elements.

 

In doing so, the Council may: (a) resubmit the policy to ARLA with the element deleted; or (b) resubmit the policy to ARLA with the element replaced with a new or amended element; or (c) appeal to the High Court against ARLA’s finding; or (d) abandon the PLAP.  

 

Recommendation/s

 

That the Local Board provide the following feedback to the Governing Body:

 

Element to be reconsidered

Local Board Feedback

 

Maximum off-licence trading hours of 9.00am to 9.00pm.

 

 

Resubmit the policy with the opening hour amended.

 

 

Restricts the hours within which alcohol may be delivered from remote sellers.

 

 

Resubmit the policy with this element deleted.

 

 

Requires the DLC and ARLA to have regard to Local Impact Reports on all medium to very high-risk off-licence renewals in the Priority Overlay area.

 

 

Resubmit the policy to ARLA with the element replaced with an amended (redrafted) element.

Recommends discretionary conditions for off-licences of ‘no single sales’ and afternoon closing of premises near Education Facilities

Resubmit the policy to ARLA with the element replaced with an amended (redrafted) element.

 

Comments

 

Introduction

 

The Sale and Supply of Alcohol Act 2012 (Act) provides that the Auckland Council may have a local alcohol policy relating to the sale, supply or consumption of alcohol within the Auckland district.

 

Following its adoption by the Council on 13 May 2015, and in accordance with the Act, the Council publicly notified its Provisional Local Alcohol Policy for Auckland.

 

Eight parties filed appeals with the Alcohol Regulatory and Licensing Authority (ARLA) against various elements of the PLAP on the grounds that those elements were unreasonable in light of the object of the Act. A further eight parties were granted leave by ARLA to be heard in relation to these appeals (including the Otara Gambling and Alcohol Action Group).

 

The appeals were heard by ARLA by way of a public hearing over four weeks in February and March 2017, and closing submissions were received by ARLA by 1 June 2017.   

 

Summary of ARLA Decision

 

After considering the appeals, ARLA has largely upheld the Auckland Council PLAP.

 

However, there are some elements where ARLA has decided they are unreasonable in light of the object of the Act. The Council has accordingly been asked to reconsider these elements in accordance with section 83(2) of the Act.

 

·         The first element is clause 4.3.1 of the PLAP, which proposes off-licence trading hours of 9.00am to 9.00pm. Specifically, ARLA is satisfied that the 9.00pm closing is reasonable, but that the 9.00am restriction on opening is unreasonable. Given that the opening hour forms part of the same element as the maximum closing hour in the PLAP, ARLA has asked the Council to reconsider clause 4.2.1 of the PLAP in its entirety.

 

·         The second element comprises cls 4.3.2. and 4.3.3 (that is, the policy on the hours within which alcohol may be delivered from remote sellers). These clauses are considered to be unreasonable because the Act doesn’t allow a PLAP to restrict delivery times for remote sellers.

 

·         The third element comprises cl 4.2.2 (which requires the District Licensing Committee (DLC) and ARLA, when determining whether to impose conditions on the renewal of off-licences of the kinds described in cl 4.2.3, to have regard to a Local Impact Reports prepared under cl 3.1);

 

·         The fourth element includes cl 4.5.1(c) (which recommends the consideration of discretionary conditions for off-licences relating to single sales) and cl 4.5.1(d) (which recommends the consideration of discretionary conditions for off-licences relating to the afternoon closing of premises near Education Facilities). 

 

In reconsidering these elements, the Council must either:

 

·         resubmit the policy to ARLA with the element deleted; or

 

·         resubmit the policy to ARLA with the element replaced with a new or amended element; or

 

·         appeal to the High Court against ARLA’s finding that the element is unreasonable in light of the object of the Act; or

 

·         abandon the PLAP.  

 

Where the Council resubmits the PLAP with an element replaced or with a new or amended element, ARLA must deal with the element as if it were an appeal against the earlier element (s 86). This means the appeal process begins again in relation to the amended elements.

 

Section 87 then provides that if ARLA is satisfied that every element it asked the Council to reconsider has been replaced by a new or amended element that is not unreasonable in light of the object of the Act, the amended PLAP is adopted when ARLA makes its decision. This means there will be a further delay before the PLAP truly comes into effect.

 

Prior Local Alcohol Policy Resolutions of the Māngere-Ōtāhuhu Local Board

 

On 11 September 2013 and 16 July 2014, the Māngere-Ōtāhuhu Local Board provided feedback on development of the Draft Auckland Council Local Alcohol Policy. Of note in terms of the ARLA Decision above is that the Local Board supported:

 

·         the proposed Local Impact Report system (then called the ECIA reporting system);

 

·         no on-licences or off-licences being issued within 250m of a sensitive site, and that any new or existing licences within 250m of schools, ECE, and places of worship, should close between 3pm and 4pm;

 

·         the maximum off-licence hours should be 10am to 10pm, Monday to Sunday; and

 

·         the discretionary conditions should ban single unit sales from every off-licence.

 

Consideration

 

In light of the feedback previously given, the Māngere-Ōtāhuhu Local Board might advise the Governing Body as follows.

 

·         With regard to the element which restricts the hours within which alcohol may be delivered from remote sellers, ARLA’s concerns are that the Act does not allow a policy in a PLAP to restrict delivery times for remote sellers. It would appear from the Decision that ARLA’s concerns are justified. As a consequence, it is suggested that the Local Board advise Auckland Council to resubmit the policy to ARLA with this element deleted.

 

·         With regards to the remaining three elements, it is suggested the Local Board advise the Governing Body that it should not take the option to delete the three elements. In a consent order hearing on the 31st January, Council made it very clear that they wished to delete altogether the elements relating to single sales, closing in afternoons for premises near schools, and the Local Impact Reports for renewals. Rather, the elements remain important, even though ARLA suggested that there were shortcomings in the drafting of them.

 

·         With regard to the first element (which proposes maximum off-licence trading hours of 9.00am to 9.00pm), ARLA’s concerns are that there is insufficient evidence to support the 9.00am restriction on opening. As a consequence, it is suggested that the Local Board advise the Governing Body to resubmit the policy to ARLA with the element replaced with a new or amended opening hour. This element should not be deleted.

 

·         With regard to the element which requires the DLC and ARLA to have regard to a Local Impact Report on medium to very high-risk off-licence renewals in the Priority Overlay area, ARLA’s concerns are that there were shortcomings in the writing of these elements. It is suggested that the Local Board advise the Governing Body to resubmit the policy to ARLA with this element amended. Again, this element should not be deleted, despite this being the earlier position of Auckland Council at the consent order hearing.

 

·         With regard to the set of elements which recommend discretionary conditions to include ‘no single sales’ at off-licences and afternoon closing of premises near Education Facilities, ARLA’s concerns are not so much with the substance of these elements, but that Auckland Council accepted that these elements were not sufficiently carefully drafted. As a consequence, it is suggested that the Local Board advise the Governing Body to resubmit the policy to ARLA with the element replaced with an amended (redrafted) element. Again, this element should not be deleted.

 

Resolutions

 

Māngere-Ōtāhuhu Local Board

 

11 Sept 2013

 

Local Alcohol Policy Development Project - Update on initial engagement phase –

 

Recommendation from Community Safety Forum  Resolution number MO/2013/510

 

MOVED by Member CM Elliott, seconded Member L Sosene:  

 

The Māngere-Ōtāhuhu Local Board:

 

a) Supports the Local Alcohol Policy Development Project’s recommended approach as stated in the Preferred Position Paper in which many of the local board’s concerns are addressed, including greater say by communities on alcohol and licensing matters and the requirement of cumulative impact assessment reports and limiting of hours – particularly for off-licenses. 

 

b) Recommends the Local Alcohol Policy is in plain English and user-friendly for the community. 

 

c) Notes its concerns about the timing gap between establishment and operation of District Licensing Committees and implementation of the Local Alcohol Policy. Decisions in the interim may not align with well-established community and local board views on granting of licenses in the local board area.   

 

d) Requests that officers provide immediate policy support and advice to develop a Local Board position and action plan in relation to opportunities presented by the Sale and Supply of Alcohol Act 2012 for liquor licence application submissions and alcohol-harm minimisation in our area. 

 

e) Requests that officers work to implement the Local Board’s policy and action plan for liquor licence application submissions and alcohol-harm minimisation once this is developed. 

CARRIED 

 

 

16 July 2014

 

15 Local Alcohol Policy Project - Draft Policy for Local Board Feedback 

 

The feedback and the Auckland Region - High Deprivation Areas tabled at the meeting are attached to the back of the minutes.

 

Resolution number MO/2014/154

 

MOVED by Deputy Chairperson CM Elliott, seconded by Member CF O'Brien: That the Māngere-Ōtāhuhu Local Board:

 

a) approves the feedback on the draft Auckland Council Local Alcohol Policy tabled at the meeting, noting that the resolutions will be included in the officers’ report to the Local Alcohol Policy Project Hearings Panel.

 

b) Request the opportunity to speak to their formal feedback to the Hearings Panel. 

 

c) Recommends the following actions in accordance with their formal feedback: 

 

  Supports the adoption of the draft Local Alcohol Policy (LAP).

 

  Supports the adoption of the broad area approach proposed by the draft LAP (Point 2.2).

 

  Supports the retention of the proposed Environmental Cumulative Impact Assessment (ECIA) reporting system, and reiterates that a streamlined process should be in place with adequate resourcing allocated to ensure the ECIA processing is undertaken in a timely manner resulting in effective reporting (point 3.1). 

 

  Retain the ECIA process and request the addition of a new policy point to read:  “3.1.5 The council’s policy is that the District Licensing Committee and Alcohol Regulatory and Licensing Authority shall take into account the contents of the ECIA report, including any recommendations in the report. (point 3.1)”

 

  Supports the addition of a new policy that specifies the following: “Add a new policy to the effect that that no further on or off-licences should be issued within 250m of a sensitive site, and that any new or existing licences within 250m of schools or ECE should close between 3pm and 4pm and excluding places of worship.”(point 3.1).

 

  Requests the inclusion of “places of worship” in the list of sensitive sites (3.1.1(b)).

 

  Requests the amendment of point 3.2.1 by adding at the end, “including evaluation of the overall risk profile and recommendations.”

 

  Supports the retention of the ‘rebuttable presumption’ provision; and requests the addition of the text to “extend to all of Broad Area B from the time of adoption of the LAP.” (point 3.2).

 

 Supports the retention of the maximum on-licence hours proposed of 9am to 1am, Monday to Sunday (point 4.3.2).

 

  Supports the retention the proposed temporary (2 year) freeze on the issue of new off-licences in the Priority Overlays (point 5.1.2).

 

  Supports the retention of the rebuttable presumption against the issuing of new off-licences in the Priority Overlays after the freeze ends; and requests the addition of the text to “extend to all of Broad Area B from the implementation of the LAP” (point 5.1.4).

 

  Supports the retention of the rebuttable presumption against the issuing of new off-licences in the Priority Overlays after the freeze ends; and requests the addition of the text to “extend to all of Broad Area B from the implementation of the LAP” (point 5.2.2).

 

  Requests the addition of a new provision after 5.2.3 creating a rebuttable presumption against the issue of new off-licences in residential zones.

 

  Requests an amendment to point 5.4 to reduce the maximum off-licence hours in Area B from 10am to 10pm, Monday to Sunday.

 

  Supports the retention of the legislative discretionary conditions applied to off-licences under para 5.5 and 5.6.

 

  Requests an additional point: 5.6.3 – That the licensee shall observe the following opening hours due to the close proximity to a sensitive activity – School, Monday to Sunday 10.00am to 10.00pm; except that on any day that the school within 250m is open for the purpose of providing education services, the hours will be; 10.00am to 3.00pm and 4.00pm to 10.00pm

 

  Requests the addition of a policy to the LAP to the effect that there should be a sinking lid on the number of liquor licences in identified high risk areas including priority overlays and neighbourhood centres.

 

  Requests that the Hearing Panel is asked to consider the alcohol harm that arises from outdoor liquor advertising, and to recommend to the Governing Body that advertising signs bylaws be developed to control liquor advertising.

 

d) Notes the Auckland Region - High Deprivation Areas document tabled at the meeting.

CARRIED

 



[1] A Local Impact Report is policy tool used to assist District Licensing Committee decisions. The report is completed by Council (for certain types of applications) and can include the following information: the number and types of licensed premises in the area (and their hours), the proximity of the premises to sensitive sites such as schools and Marae, local transport options, neighbouring land use, local levels of alcohol-related harm, and steps taken by applicant to minimise harm.