I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 22 November 2018

9.30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Tira Kāwana / Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Mike Lee

 

Cr Dr Cathy Casey

Cr Daniel Newman, JP

 

Cr Ross Clow

Cr Greg Sayers

 

Cr Fa’anana Efeso Collins

Cr Desley Simpson, JP

 

Cr Linda Cooper, JP

Cr Sharon Stewart, QSM

 

Cr Chris Darby

Cr Sir John Walker, KNZM, CBE

 

Cr Alf Filipaina

Cr Wayne Walker

 

Cr Hon Christine Fletcher, QSO

Cr John Watson

 

Cr Richard Hills

Cr Paul Young

 

Cr Penny Hulse

 

 

 

 

 

 

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Team Leader Governance Advisors

 

16 November 2018

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term plan

(d)        the power to adopt a long term plan, annual plan, or annual report

(e)        the power to appoint a chief executive

(f)        the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement

(g)        the power to adopt a remuneration and employment policy.

 

Additional responsibilities retained by the Governing Body:

 

(a)        approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(b)        approval of a draft bylaw prior to consultation

(c)        resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(d)        adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(e)        relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees

(f)        approval of the Unitary Plan

(g)        overview of the implementation and refresh of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·         Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·         Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·         Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·         In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·         The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·         However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·         All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·         Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·         Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·         All staff supporting the meeting (administrative, senior management) remain.

·         Other staff who need to because of their role may remain.

 

Local Board members

 

·         Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·         Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 

 


Governing Body

22 November 2018

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Affirmation                                                                                                                      7

2          Apologies                                                                                                                        7

3          Declaration of Interest                                                                                                   7

4          Confirmation of Minutes                                                                                               7

5          Petitions                                                                                                                          7  

6          Public Input                                                                                                                    7

6.1     Public Input:  Keep the Auckland Dockline Tram Running Movement - Auckland Dockline Tram                                                                                     7

6.2     Public Input:  Auckland Electric Tramways Trust - Auckland Dockline Tram    8

7          Local Board Input                                                                                                          8

7.1     Lemauga Lydia Sosene - Health and Hygiene Bylaw Review                         8

8          Extraordinary Business                                                                                                9

9          Future of Auckland Dockline Tram                                                                            11

10        Hearings Panel report on Health and Hygiene Bylaw 2013                                    21

11        Recommendations from the Regulatory Committee - Freedom Camping in Vehicles Statement of Proposal                                                                                                 67

12        Recommendations from the Appointments, Performance Review and Value for Money Committee - Value for Money (s17A) - Legal and Risk Management Services                                                                                                                                     135

13        Appointment of Councillor Paul Young to committees                                        153

14        Summary of Governing Body information memos and briefings - 22 November 2018                                                                                                                                     155

15        Correspondence from select committee                                                                175

16        Chief Executive's performance objectives                                                             177  

17        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

18        Procedural Motion to Exclude the Public                                                               179

C1       CONFIDENTIAL:  Correspondence from Select Committee                                 179

C2       CONFIDENTIAL:  Chief Executive's performance objectives                               179  

 


 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

2          Apologies

 

At the close of the agenda no apologies had been received.

 

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

 

4          Confirmation of Minutes

 

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 25 October 2018, including the confidential section, as a true and correct record.

 

 

5          Petitions

 

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

 

 

6          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

6.1       Public Input:  Keep the Auckland Dockline Tram Running Movement - Auckland Dockline Tram

Te take mō te pūrongo / Purpose of the report

1.       Puneet Dhall of Keep the Auckland Dockline Tram Running Movement will address the Governing Body in relation to the Auckland Dockline Tram.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      receive and note the public input presentation from Puneet Dhall of Keep the Auckland Dockline Tram Running Movement with regards to the Auckland Dockline Tram and thank him for his attendance.

 

 

 

6.2       Public Input:  Auckland Electric Tramways Trust - Auckland Dockline Tram

Te take mō te pūrongo / Purpose of the report

1.       Jef Grobben of Auckland Electric Tramways Trust will address the Governing Body in relation to the Auckland Dockline Tram.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      receive and note the public input presentation from Jef Grobben of Auckland Electric Tramways with regards to the Auckland Dockline Tram and thank him for his attendance.

 

 

 

7          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

7.1       Lemauga Lydia Sosene - Health and Hygiene Bylaw Review

Te take mō te pūrongo / Purpose of the report

1.       Māngere-Ōtāhuhu Local Board Chair, Lemauga Lydia Sosene, will speak to the Governing Body regarding the Health and Hygiene Bylaw Review.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      thank Māngere-Ōtāhuhu Local Board Chair, Lemauga Lydia Sosene for her input in relation to the Health and Hygiene Bylaw Review and her attendance.

 

 


 

 

8          Extraordinary Business

 

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

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

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

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

 


Governing Body

22 November 2018

 

 

Future of Auckland Dockline Tram

 

File No.: CP2018/22013

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive the report on the future operation of the Auckland Dockline Tram.

Whakarāpopototanga matua / Executive summary

2.       The Auckland Dockline Tram (tram) was opened in August 2011 as a place-making activity to create public interest and enable early activation of the developing Wynyard Quarter. Neither the long-term future of the tram, nor the route, was determined at that time. Auckland Transport (AT) did not consider that the tram served a public transport purpose.

3.       Since late 2015 the tram has run on a partial loop, operated on Sundays, Public Holidays and for special events, due to the extent of construction/development activity occurring in Wynyard Quarter.

4.       In September 2017, as the result of an earlier executive decision, the West 1 and West 2 development site boundaries (in the block bounded by Beaumont, Madden, Daldy and Pakenham Streets), under the development agreement with Willis Bond, were changed. This was to enable better development outcomes by having two sites of similar proportions. It was always envisaged that these sites would be used for development, it was just a matter of when this development would occur.

5.       In April 2018, it was brought to the attention of Panuku Development Auckland (Panuku) that the south-east corner of the West 1 (30 Madden Street) development site boundary clashed with the existing Auckland Dockline tramline. West 1 is the location of the next stage of Willis Bond’s residential development, which is currently gearing up to commence construction in November 2018.

6.       This realisation compelled Panuku to consider the long-term future of the tram. The decision was made to suspend the service to allow the encroaching tram lines to be removed from West 1, and to allow Panuku more time to consider its options in a climate of uncertainty, and with the knowledge that this would also involve material unbudgeted expenditure.

7.       Responding to stakeholder concerns, and a Council request for a report on the issue, Panuku obtained further design and cost information, and undertook an options analysis.

8.       Four options were considered for the Auckland Dockline Tram:

Option 1: Continue with existing tram suspension indefinitely. This option weighs up accommodating future uncertainty.

Option 2: Reinstate full original loop and relocate tram depot to permanent location. This option weighs up cost versus the priority of the tram as an ongoing placemaking activity.

Option 3: Reinstate full original loop and have tram running for the 36th America’s Cup (AC36), then review its future. This option weighs up cost versus the priority of the tram being operational for the 36th America’s Cup.

Option 4: Cease tram operations.

9.       There is a material cost with reinstating the tram. It is likely to cost up to $6.6 million once relocation of the tram depot and further track work is undertaken. Approximately $5.6 million of this cost is unbudgeted. Panuku would therefore require a Council provided budget of $5.6 million to continue the operation of the tram on a permanent basis.

 

10.     Panuku currently requires an OPEX budget of $190,000 per annum to keep the tram operational on the partial loop. When the tram initially started operation in 2011, 15,376 customers used it in its peak month (during the 2011 Rugby World Cup). In 2018, these numbers dropped to the mid-hundreds. Revenue has dropped from $52,653 in its peak month in 2011 to $463 in the month of May 2018. From August 2011 to August 2018, 126,946 passengers have ridden on the tram, with a nett revenue return of $329,750. The tram has never been a viable commercial operation for Waterfront Auckland or Panuku.

11.     A high level of uncertainty exists around the timeframe in which the tram could be operational. This uncertainty includes when exactly Auckland Transport will complete its Daldy Street/Gaunt Street works, when Willis Bond will require West 2 for its next residential development necessitating the relocation of the tram depot, when and to what extent light rail will impact on Wynyard Quarter, the increasing number of bus services in Wynyard Quarter, and ongoing disruption relating to construction/development activity, including the 36th America’s Cup infrastructure works.

12.     Option 4: Cease tram operations, is considered the most appropriate option for Wynyard Quarter by the Panuku Board due to material cost and future uncertainties, and the fact that the tram is no longer considered a high priority place activation for Wynyard Quarter in the context of current and future Wynyard Quarter investment by the council.

13.     Although the tram has served as a place-making feature in Wynyard Quarter it has now, arguably, fulfilled its purpose. Significant capital and operating expenditure would be required to keep the tram running for what could be considered insufficient ongoing benefit to Wynyard Quarter. The tram has limited heritage value (being from Melbourne), lacks strong support for its running during the 36th America’s Cup event, and has its depot located on a future development site. In terms of Wynyard Quarter expenditure it is seen as a relatively low priority.

14.     Considerable work has been undertaken to get to this position and the decision by the Panuku Board has not been taken lightly. The Panuku Board and staff have engaged with the supporter groups and have considered, analysed and had peer reviewed the costs of all the options put on the table. Enabling more people to live and work in the Wynyard Quarter, along with the high quality of development, place-making programme, and new public spaces will ensure that the area continues to grow and fulfil its potential.

 

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      receive the report on the decision by the Panuku Board to permanently cease the operations of the Auckland Dockline Tram on the basis:

i)        it is not considered to be a sufficient priority as a place activation, given the need for material unbudgeted expenditure, and

ii)       in the context of significant current and planned council investment in the Waterfront area.

 

Horopaki / Context

15.     The Auckland Dockline Tram was opened in August 2011. This initiative was envisioned as a place-making activity to create public interest and enable early activation of the developing Wynyard Quarter.

16.     Heritage trams were seen to provide an additional layer to the urban fabric of Wynyard Quarter. Originally there were suggestions for the tramline to link to Britomart train station and Tamaki Drive but this did not proceed as Auckland Transport (AT) did not view the tram service contributing to public transport needs in the area.

17.     Since late 2015, the tram has run on a partial loop as outlined in red in Figure 1 below. It operated on Sundays, Public Holidays and for special events. This partial loop arrangement was in place due to the extent of construction/development activity occurring in Wynyard Quarter.


Figure 1.

 

18.     Current, and future construction activity, such as that associated with the 36th America’s Cup infrastructure and AT’s Daldy Street Linear park and road works, mean that the full loop would not be able to be reinstated until early 2020 at the earliest.

19.     The number of bus services into Wynyard Quarter is increasing, putting additional pressure on the roads in the area, and adding to operational and safety issues.

20.     The New Zealand Transport Authority (NZTA) advised that the light rail route to Wynyard Quarter will be confirmed only when an alignment to the North Shore has been established and this will not be in the initial stage of light rail development. The tram has never formed part of the Regional Land Transport Plan and has not been considered a public transport mode. There is no evidence that people have used the tram for transport purposes given its very limited ‘loop’ route. Strategic transport planning for Wynyard Quarter undertaken by Auckland Transport has concluded that the principal movement of pedestrians and cyclists is along the Waterfront’s east to west axis, and the public transport corridor is via Fanshawe Street. Auckland Transport’s formal position on the tram is that it does not serve a public transport purpose.

21.     The West 2 site on which the tram depot is currently located is a future development site. An alternative location for the tram depot, which was identified at the northern end of Daldy Street, is no longer viable due to the 36th America’s Cup requirements and potential light rail activity. Willis Bond has indicated that the West 2 development site is likely to be the next stage for development after completion of West 1. This could be anytime from 2021 onwards, dependent on market conditions.

22.     Feedback from the public has indicated that there is little interest in the trams unless they are moving. When operational, it is clear that the tram is regarded by many as a valued asset within Wynyard Quarter that provides a unique experience to users, in particular to families. However, with a limited operation, its value is diminished.

23.     While there is some public support for the continued operation of the tram, with the tram supporter groups and advocates wanting the service to continue, the evolution of place-making and activation in Wynyard Quarter with its various new attractions and initiatives has lessened the importance of the tram.

 

Tātaritanga me ngā tohutohu / Analysis and advice

24.     Four options have been considered for the future of the tram, these are:

Option

Pros

Cons

Option 1 – Continue with existing tram suspension indefinitely

·        Allows a decision to be made in the future when there is more certainty around light rail

·        No additional CAPEX spend required at this stage

·        No OPEX budget required at this stage

·        Tram will not be operational

·        Provides no certainty to interested stakeholders

·        $1 million to be spent under Aauckland Transport streetworks contract without certainty on the trams’ future

 

Option 2 – Reinstate full original loop and relocate tram depot to permanent location

·        Tram will be operational long-term

·        Ongoing place-making activity

·        Meets aspirations of some stakeholders

·      Cost $6.6 million. $5.6 million for Panuku to undertake realignment works and tram depot relocation, together with the $1 million for tramline reinstatement under Auckland Transport streetworks contract. There is no CAPEX budget associated with the realignment or relocation works; AT has $1m budget within RLTP for streetworks.

·      Ongoing OPEX expenditure of $190,000 per annum

·      No obvious permanent location for the tram depot. The optimal option, at the southern end of Wynyard Point, is being utilised for AC36 base accommodation and could be needed for light rail

·      No clear public transport role, and eventual impact of light rail unclear

·      Wynyard Quarter is effectively established as a desirable location. The place-making contribution of the tram is limited in the context of spending priorities

·    It is unclear when the full loop would be operational.

 

 

Option 3 – Reinstate full original loop and have tram running for AC36, then review its future

·        Tram will be operational from early 2020 to AC36 in early 2021

·        Ongoing place-making activity

·        Meets aspirations of some stakeholders

·      Cost. $820, 000 for realignment works from West 2, and $1 million for tramline reinstatement under Auckland Transport streetworks contract

·      There is no CAPEX budget associated with the realignment works

·      Ongoing OPEX expenditure of $190,000 per annum

·      Development. Tram lines, overhead wires and tram depot remain in future West 2 development site.

·      Duration. Significant expenditure for a tram that may only be operational for a year

·      Operational. America’s Cup Event Steering Group consider the tram’s contribution to AC36 will be limited and that trams will be a hazard and hindrance during the event

Option 4 – Cease tram operations

·        No additional CAPEX spend required

·        Saving of $1 million on Auckland Transport Gaunt Street/Daldy Street streetworks contract

·        No ongoing OPEX budget required

·      Tramlines will be able to be filled in making the roads safer for cyclists

·        Panuku-owned trams can be turned into Waterfront amenities, noting that there remains an opportunity to ride old Auckland trams at MOTAT on a longer circuit.

·      Tram will be closed permanently

·      Some stakeholder opposition to the closing of the tram

 

 

Option 1 - Continue with existing tram suspension indefinitely

25.     Option 1 involves continuing the current tram suspension until there is more certainty around light rail. This would mean that no further CAPEX or OPEX funding would be required at this stage, however $1 million of budgeted expenditure could be unnecessarily spent on the Auckland Transport Daldy/Gaunt streetworks contract. The tram will remain inoperable, and no certainty will be given to interested stakeholders regarding the tram’s future.

Option 2 – Reinstate full original loop and relocate tram depot to permanent location

26.     Option 2 involves reinstating the full original loop and relocating the tram depot to a permanent location, such as to the north of Silo Park.  This option would allow the tram to remain operational for the long-term, without any impact on the development of Wynyard Quarter. It would allow the tram to remain a day-to-day attraction in the area. The issues with this option are that it would cost Panuku/Auckland Council a further investment of up to $6.6 million in CAPEX funding, $5.6 million of which is unbudgeted, plus $1 million contained within an existing streetworks contract funded under the Regional Land Transport Plan. In addition to this expenditure, the tram would continue to cost Panuku $190,000 in OPEX to maintain the service.

27.     The tram provides no public transport role. There is no obvious permanent location for the depot and its relocation will either impact on valuable public space in Silo Park or nearby development sites, reducing revenue potential. Previous thinking was that the tram depot could be located to an area north of Silo Park. This area is now required for the 36th America’s Cup for an undetermined period of time (minimum of almost four years, possibly beyond 10 years) or may be needed to accommodate light rail amenities should the decision be made to bring light rail into Wynyard Quarter.

Option 3 – Reinstate full original loop and have tram running for the 36th America’s Cup, then review its future

28.     Option 3 involves reinstating the full loop with the existing tram depot remaining in its current location on West 2 until the 36th America’s Cup or until such time as the West 2 site is required for development. This option would allow the tram to operate up to and during the 36th America’s Cup. It would allow the tram to remain as an attraction in the area.

29.     The issues with this option are that it would cost Panuku/Auckland Council a further investment of approximately $1.82 million in CAPEX funding, $820,000 of which is unbudgeted, plus $1 million contained within an existing streetworks contract. In addition to this expenditure, the tram could continue to cost Panuku $190,000 in OPEX to maintain the running of the service.

30.     With this option the tram lines, overhead wires and tram depot would remain in the West 2 development site. These would need to be addressed when the developer, Willis Bond, was ready to develop the site, which could be anytime from 2021 onwards depending on market conditions. This would mean that up to $1.82 million could be spent for a relatively short period of operation, perhaps only just over a year, if the Auckland Transport Daldy Street/Gaunt Street works were to finish in early 2020, and Willis Bond was to make the decision to develop the site in 2021.

31.     The America’s Cup Steering Group has advised that the trams could be a ‘hazard and hindrance’ during the event and is likely to request for it to be suspended during peak periods of racing given that Wynyard Quarter will be the heart of the village.

Option 4 – Cease tram operations

32.     Option 4 involves ceasing the tram operations permanently. This option would not require any additional CAPEX funding, save $1 million on Auckland Transport’s Gaunt Street/Daldy Street streetworks contract and not require any ongoing OPEX funding. It would allow for the tram lines, which are a health and safety hazard for cyclists, to be filled in. The two trams currently owned by Panuku could be turned into food or beverage outlets or some other amenity along the Waterfront or elsewhere in Auckland or acquired by MOTAT.

33.     This option would mean the permanent closure of the tram, which is much-loved by many supporters, including the ‘Keep The Auckland Dockline Tram Movement’.

34.     As noted above, the 36th America’s Cup Event Steering Group has indicated that the running of the tram is not a requirement from an event point of view.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

35.     There has been some determined advocacy by passionate stakeholders for the tram to be retained, including some elected members and the ‘Keep The Auckland Dockline Tram Movement’.

36.     Both Panuku and AT have met/communicated with elected representatives and the ‘Keep The Auckland Dockline Tram Movement’ on this issue on numerous occasions. This includes three public deputations to the Panuku Board in September and October 2018, one deputation to the Waitematā Local Board in September 2018, and one public deputation to the Governing Body in September 2018, as referenced in Attachment A

37.     The Waitematā Local Board has written to the Panuku Chief Executive expressing support for the tram to be operational in time for the 36th America’s Cup or sooner if reasonably practicable.

38.     The four options were workshopped with the Waitematā Local Board at a presentation session on 13 November 2018.

Tauākī whakaaweawe Māori / Māori impact statement

39.     The decision to permanently cease the operation of the tram is considered to have no impact on Māori. The tram was originally established as a place-making activation and the decision is viewed as an operational matter.  The tram is not one of the key components outlined under the ‘A Connected Waterfront’ goals in The Waterfront Plan 2012 on which mana whenua were extensively consulted. There is no impact on land or water elements. It is envisaged that the existing tramlines will be kept in-situ and filled in where necessary, and the overhead wires removed.

40.     Panuku assesses and responds to any impact its initiatives may have on Māori on a case by case basis. Panuku will continue to partner with Māori on opportunities which enhance Māori social and economic wellbeing

Ngā ritenga ā-pūtea / Financial implications

41.     Option 1 involves continuing the current tram suspension until there is more certainty around light rail. Under this option, no further CAPEX or OPEX funding is required at this stage, however $1 million of expenditure could be unnecessarily spent on the AT Daldy Street/Gaunt Street streetworks contract.

42.     Option 2 involves reinstating the full original loop and relocating the tram depot to a permanent location, such as to the north of Silo Park. Under this option, an independent qantity surveyor advised a further investment range of between $4.9 and $6.6 million in CAPEX funding would be required. The high end of the range, $6.6 million has been adopted due to the uncertainty about where exactly the tram depot would be relocated. $5.6 million of this is unbudgeted, plus $1 million contained within an existing streetworks contract funded under the Regional Land Transport Plan. In addition to this expenditure, the tram would continue to cost Panuku approximately $200,000 in OPEX to maintain the service.

43.     Option 3 involves reinstating the full loop with the existing tram depot remaining in its current location until the 36th America’s Cup or until such time as the West 2 site is required for development. Under this option the tram lines, overhead wires and tram depot would remain in the West 2 development site. These would need to be addressed when the developer, Willis Bond, was ready to develop the site, which could be anytime from 2021 onwards depending on market conditions. This would mean that up to $1.82 million could be spent for a relatively short period of operation, perhaps only just over a year, if the AT Daldy Street/Gaunt Street works were to finish in early 2020, and Willis Bond was to make the decision to develop the site in 2021.

44.     Option 4 involves ceasing the tram operations permanently. This option would not require any additional CAPEX funding, save $1 million on AT’s Gaunt Street/Daldy Street streetworks contract, and not require any ongoing OPEX funding.

45.     All four options were costed by an independent infrastructure quantity surveying firm who had recently reviewed market pricing on the tramlines and associated infrastructure. This cost information was then peer reviewed by a separate independent infrastructure quantity surveying firm. A range of costs were provided for each option. The quantity surveyor recommended for budget purposes to use the high end of the range due to the level of risk and uncertainty associated with each option.

46.     There is a cost associated with terminating the lease of the Melbourne tram early (currently the tram lease costs approximately $23,000 per annum) and a shipping cost of approximately $50,000 associated with shipping the tram back to Australia.

Ngā raru tūpono / Risks

47.     If the Panuku Board’s decision to cease tram operations is not implemented, significant expenditure could be unnecessarily spent on the AT Daldy Street/Gaunt Street streetworks contract. Auckland Transport need to know by the end of November 2018, at the latest, whether or not the tramlines are to be reinstated to avoid significant abortive cost should the decision be made to permanently cease the tram operations.

48.     Ongoing uncertainty about the future of the tram if a decision is not made.

49.     Public/stakeholder criticism about the closure of the tram directed at Auckland Council, Panuku and Auckland Transport.

Ngā koringa ā-muri / Next steps

50.     Advise Auckland Transport to not reinstate the tramlines and overhead wires as part of its Daldy Street/Gaunt Street streetworks contract, thereby releasing $1 million of expenditure which could be redeployed to another project.

51.     Establish a comprehensive stakeholder/communications strategy to appropriately communicate the ceasing of the operation of the Auckland Dockline Tram. The tram has support from stakeholders and some elected representatives, and the group behind the petition supporting the continued operation of the tram on the full loop.

52.     Terminate the lease of Tram No.466 and return it to its Melbourne owner. There will be a cost associated with concluding the lease earlier as the lease expiry date is April 2020. The lease of this tram currently costs Panuku approximately $23,000 per annum. There will also be a cost associated with shipping the tram back to Australia of approximately $50,000.

53.     Consider whether Tram No.881 (Panuku owned) and Tram No.852 (Panuku owned) can be acquired by MOTAT for its tram network, or redeployed/repurposed into a food and beverage space located on Eastern Viaduct or somewhere in Wynyard Quarter close to Silo Park.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Communication Trail

19

      

Ngā kaihaina / Signatories

Author

Paula Koller, Development Manager – Waterfront, Panuku Development Auckland

Authorisers

David Rankin - Chief Operating Officer, Panuku Development Auckland

Stephen Town - Chief Executive

 


Governing Body

22 November 2018

 

 

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Governing Body

22 November 2018

 

 

Hearings Panel report on Health and Hygiene Bylaw 2013

 

File No.: CP2018/21610

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive the Hearings Panel report and recommend approval of the Health and Hygiene Bylaw 2013.

Whakarāpopototanga matua / Executive summary

2.       On 26 October 2018, the Hearings Panel deliberated in public and agreed to recommend the adoption of the Health and Hygiene Bylaw 2013 to the Governing Body.

3.       The Hearings Panel recommended that the Governing Body adopt the bylaw with changes in response to matters raised in public feedback, including:

i)        water play parks and splash pads are limited to permanent structures

ii)       ophthalmologists are currently the only health practitioner able to carry out eyeball tattoo.

4.       The original Hearings Panel report is appended as Attachment A.

 

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)    approve the Panel recommendations on proposed changes to the Health and Hygiene Bylaw 2013 in Attachment A and Attachment B of the Hearings Panel report

b)    adopt the Health and Hygiene Bylaw 2013 in Attachment C of the Hearings Panel report under section 145 of the Local Government Act 2002 and section 64 of the Health Act 1956

c)    approve the distribution of this report and associated minute to local boards and advisory panels for their information

d)    delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the Health and Hygiene Bylaw 2013 in Attachment C of the Hearings Panel report to correct errors or omissions.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Original Hearings Panel Report and Attachments

23

     

Ngā kaihaina / Signatories

Author

Councillor Linda Cooper, Hearings Panel Chairperson

 


Governing Body

22 November 2018

 

 

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Governing Body

22 November 2018

 

 

Recommendations from the Regulatory Committee - Freedom Camping in Vehicles Statement of Proposal

 

File No.: CP2018/21593

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive the recommendations from the Regulatory Committee and adopt the Freedom Camping Bylaw Statement of Proposal.

Whakarāpopototanga matua / Executive summary

2.       At its meeting of 8 November 2018, the Regulatory Committee considered the attached report and resolved as follows:

Resolution number REG/2018/77

MOVED by Chairperson L Cooper, seconded by IMSB Chair D Taipari:

That the Regulatory Committee:

a)      recommend that the Governing Body adopt the statement of proposal in Attachment A of the agenda report for public consultation and confirm that the draft bylaw:

i)       is necessary to protect the area, protect the health and safety of people who may visit the area and/or to protect access to the area

ii)       is the most appropriate and proportionate way of addressing the perceived problem in relation to the area

iii)      is not inconsistent with the New Zealand Bill of Rights Act 1990.

b)           recommend that the Governing Body forward to local boards and advisory panels:

i)   the statement of proposal in Attachment A of the agenda report for their views

ii)  this agenda report and attachments for their information.

and

f)       delegate authority to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A of the agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

3.       The original report and statement of proposal to the 8 November 2018 Regulatory Committee are appended at Attachment A.

4.       Additional information provided to the Regulatory Committee as attachments was included under separate cover.  An amendment has been made to Attachment D of the original report to the Regulatory Committee, (pages 249-260 of the under separate cover document), to correct an error in the legend for the maps for Schedule 3.  Those pages are appended at Attachment B of this report.

5.       The under separate cover document to the 8 November 2018 Regulatory Committee can be found on the Auckland Council website, at the following links:

HTML link to Regulatory Committee Attachments

PDF link to Regulatory Committee Attachments

 

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      adopt the statement of proposal in Attachment A of the original agenda report for public consultation and confirm that the draft bylaw:

i)        is necessary to protect the area, protect the health and safety of people who may visit the area and/or to protect access to the area

ii)       is the most appropriate and proportionate way of addressing the perceived problem in relation to the area

iii)      is not inconsistent with the New Zealand Bill of Rights Act 1990.

b)      forward to local boards and advisory panels:

i)        the statement of proposal in Attachment A of the original agenda report for their views

ii)       this agenda report and attachments for their information.

c)      note delegated authority to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A of the original agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

8 November 2018 - Original Agenda Report to the Regulatory Committee

69

b

Amended pages 249-260 of Attachment D to the original report

123

     

Ngā kaihaina / Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

22 November 2018

 

 

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Governing Body

22 November 2018

 

 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

22 November 2018

 

 

Recommendations from the Appointments, Performance Review and Value for Money Committee - Value for Money (s17A) - Legal and Risk Management Services

 

File No.: CP2018/21027

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To receive the recommendations from the Appointments, Performance Review and Value for Money Committee and approve the terms of reference for the Legal and Risk Management services value for money review.

Whakarāpopototanga matua / Executive summary

2.       At its meeting on 1 November 2018, the Appointments, Performance Review and Value for Money Committee considered the attached report and resolved as follows:

That the Appointments, Performance Review and Value for Money Committee:

a)      approve the terms of reference for the Legal and Risk Management services value for money review, so that it can be recommended to the Governing Body for final approval.

3.       The original report to the Appointments, Performance Review and Value for Money Committee is included as Attachment A of this report.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      approve the terms of reference for the Legal and Risk Management value for money review (included in Attachment A of the agenda report).

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

1 November 2018 Original Value for Money (s17A) Review programme report to Appointments, Performance Review and Value for Money Committee - Legal and Risk Management Services

137

     

Ngā kaihaina / Signatories

Authors

Sarndra O'Toole - Team Leader Governance Advisors

Authorisers

Stephen Town - Chief Executive

 


Governing Body

22 November 2018

 

 

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Governing Body

22 November 2018

 

 

Appointment of Councillor Paul Young to committees

 

File No.: CP2018/17268

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To provide advice to the Governing Body on Councillor Paul Young’s appointment to Governing Body committees.

Whakarāpopototanga matua / Executive summary

2.       Councillor Paul Young was elected to the Governing Body by the Howick ward on Thursday 13 September 2018.

3.       The mayor has the power to establish committees and the Governing Body agrees to membership of committees being included in committee terms of reference.

4.       All councillors are members of committees of the whole. Mayor Phil Goff has agreed membership of any other committees with Councillor Young.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      amend the Committee Terms of Reference to show that Councillor Paul Young is a member of:

i)        all committees of the whole of the Governing Body

ii)       the Regulatory Committee

iii)      the Civil Defence and Emergency Management Committee

iv)      the Community Development and Safety Committee

 

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.    

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

22 November 2018

 

 

Summary of Governing Body information memos and briefings - 22 November 2018

 

File No.: CP2018/00248

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To note the progress on the forward work programme (Attachment A).

2.       To receive a summary and provide a public record of memos or briefing papers that may have been distributed to Governing Body members.

Whakarāpopototanga matua / Executive summary

3.       This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memo-briefing or other means, where no decisions are required.

4.       The following memos/responses were circulated to members:

·    1/11/18 – Briefing on E-scooters

5.       This document can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

on the left-hand side of the page, select meeting “Governing Body” from the drop-down tab and click “View”;

under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

6.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      note the progress on the forward work programme

b)      receive the Summary of Governing Body information memos and briefings – 22 November 2018.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Forward Work Programme

157

b

Memo - Briefing on E-scooters

167

     

Ngā kaihaina / Signatories

Authors

Sarndra O'Toole - Team Leader Governance Advisors

Authorisers

Stephen Town - Chief Executive

 



Governing Body

22 November 2018

 

 

 

TIRA KĀWANA / GOVERNING BODY FORWARD WORK PROGRAMME 2016 – 2019 TERM

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee

The Mayor may require any matter that would otherwise be reported to a committee, to be reported to the Governing Body.  If that matter is already on a published agenda for a committee meeting, that meeting will not consider that matter unless invited by the mayor to make a recommendation to the Governing Body.

 

Lead

Area of work

Reason for work

Governing Body role

(decision or direction)

Budget/ Funding

Expected timeframes

Highlight financial year quarter and state month if known

FY18/19

Jul-Sep

26 Jul

23 Aug

27 Sep

Oct-Dec

25 Oct

22 Nov

13 Dec

Jan-Mar

28 Feb

28 Mar

Apr-Jun

2 May

30 May

27 Jun

Chief Financial Office

Annual Budget 2019/2020 (Annual Plan)

 

 

The Local Government Act 2002 requires each local authority to consult on and adopt a long term plan every three years.  In each intervening year local authorities are required to consult the community on any significant or material changes to the relevant year of the long term plan through the Annual Budget consultation document. 

Legislation also requires that the council’s consultation document include a summary of key matters from Local Board Agreements and the Draft Tūpuna Maunga Authority Operational Plan for the Annual Plan year.

 

 

Adopt consultation document and supporting material

Approve Annual Budget

 

 

 

 

Q1

Q2

Q3

(Feb)

Q4

(Jun)

Chief Operating Office

Americas Cup 2021

Location, infrastructure and funding

 

 

Approve preferred location

Agree strategy for progressing resource consent applications

 

Progress to Date:

Report considered 14/12/17 and approval of  Wynyard Basin option GB/2017/172 and agreed single hearing process through direct referral

Report and revised decision and approval of Wynyard Hobson proposal 29/3/18 GB/2018/63

 

 

 

 

Q1

Q2

Q3

Q4

 

City Rail Link

Construction of the City Rail Link in the central city

Approve City Rail Link Heads of Agreement

Note any matters raised by the Audit and Risk Committee about the project

 

Progress to Date:

Heads of Agreement approved 14/9/16 Conf

Appoint chair of City Rail Link 15/12/16 Conf

Note sponsors agreement and establishment of new entity City Rail Link Limited 29/6/17 Conf

Report confirming role of Audit and Risk Committee 25/10/18 GB/2018/175

 

Q1

Q2

Q3

Q4

Chief Financial Office

Annual Report

Statutory requirement

Adopt Annual Report

 

 

 

Q1

27 Sep

Q2

Q3

Q4

Governance

Review of Code of Conduct

The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions

Adopt new Elected Members Code of Conduct

 

Progress to Date:

Initial report was considered 22/2/18

Approval 22/2/18 for review GB/2018/37

Workshop – 15 March 2018

 

 

Q1

Q2

Q3

Q4

Governance

Representation Review

The Local Electoral Act 2001 requires all local authorities to undertake a review of representation arrangements at least once every six years.

Auckland Council is required to undertake a review for the 2019 elections.

Council’s decision must be issued no later than 11 April 2019.

Approve the process for conducting the review of representation arrangements

Approve final decision

 

Progress to Date:

Report and approval of process 14/12/17 GB/2017/175

Workshop – 16 October 2018

Recommendations report 18/10/18 and decision GB/2018/157-165

 

 

Q1

Q2

Q3

Q4

Financial Strategy and Planning

Contributions Policy

The Local Government Act requires Council to review the policy every three years.

Consultation and adoption must be done by 1 July 2018

Adopt policy

 

Progress to Date:

Agree to consultation 30/4/18 GB/2018/79

Agree extension until new policy in place 27/6/18 GB/2018/96

Workshop – 15 October 2018

Report for consultation 18/10/18 GB/2018/166

 

 

Q1

Q2

(13 Dec)

Q3

Q4

Mayoral Office

Governance

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Adopt the Terms of Reference

Adopt changes to Terms of Reference

 

Progress to Date:

Amend due of disestablishment of ACIL and two committee amendments 26/7/18 GB/2018/115

 

 

Q1

Q2

Q3

Q4

Governance

Accountability Review of council-controlled organisations

The accountability review are to increase the accountability and value for money of CCOs by:

•     increasing the transparency of CCO decision-making

•     increasing the responsiveness of CCOs to the public and council

•     improving the recognition of ratepayer funding for CCO activity

•     increasing the ability to align CCOs to the direction set by the council.

Reporting on a quarterly basis

Approve objectives as basis of review

Approve scope and timing

 

Progress to Date:

Approve objectives, scope and timing 23/2/17 GB/2017/17

Memorandum 9/4/18 to councillors with an update

 

Within timelines and budgets

Q1

Q2

Q3

Q4

Governance

Independent Māori Statutory Board funding

The Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board (IMSB) board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2, clause 20, sub-clause 1, LGACA)

Approve 2019/2020 funding agreement

 

Q1

Q2

Q3

Q4

People and Performance

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Receive the quarterly Health, Safety and Wellbeing Report

 

Progress to Date:

August 2018 report received GB/2018/147

 

 

Q1

Sep

Q2

Dec

Q3

Mar

Q4

Jun

Social Policy and Bylaws

Public Safety and Nuisance Bylaw Review

Legislative requirement to review bylaw within five years. Committee resolution to “commence the review of the Public Safety and Nuisance Bylaw 2013 at an early date”.

Approve statement of proposal.  #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended. Length of time required to draft the statement of proposal will depend on the scope of amendments requested following the review findings.

 

Progress to Date:

Report to Approve the statement of proposal 27/9/18 GB/2018/148

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Dog management Bylaw and Policy on Dogs

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Health and Hygiene Bylaw

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve the statement of proposal 26/7/18 GB/2018/120

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Solid Waste Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

On-site Wastewater Bylaw

Legislative requirement to review legacy bylaws by 31 October 2020.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve the statement of proposal 26/7/18 GB/12018/121

Hearings Panel report 25/10/18 and decision GB/2018/174

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Signage Bylaw

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Alcohol Control Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Approve statement of proposal #

Make/Amend/Revoke the bylaw.

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Within current baselines.

Q1

Q2

Q3

Q4

Social Policy and Bylaws

Freedom Camping

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

If regulatory response required:

Approve statement of proposal

Make the bylaw

Review is within current baselines.

Funding proposals will be required for any recommendations that require capital or operational upgrades.

Q1

Q2

Q3

Q4

Mayoral Office

Mayoral Housing Taskforce Steering Group

Oversee the progress and implementation of the June 2017 Mayoral Housing Taskforce report.

Setup, agree and approve membership of group

Receive six-monthly updates

 

Progress to Date:

Taskforce setup 27/7/17 GB/2017/79

Memorandum 9/4/18 to councillors updating progress

Progress report 25/10/18 GB/2018/172

 

Q1

27 Sep

Q2

Q3

Q4

 

Auckland Council Top Risk Register

The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.

Note the top risk register and risk heat map

Receive quarterly reports

 

Progress to Date:

September 2018 report 25/10/18 GB/2018/173

 

 

 

 

 

 

Governance

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Approve submissions to the Crown as and when required

Approve establishment and on-going implementation of co-management and other governance arrangements

 

Q1

Q2

Q3

Q4

Governance

Advisory Panels

The Governing Body appoints members to advisory panels, as required.

Approve appointments to advisory panels

 

Progress to Date:

Replacement members appointed to Youth Advisory Panel open process report 25/10/18 GB/2018/177 decision made in confidential

 

Within current baselines.

Q1

Q2

Q3

Q4

Governance

2019 Local Government New Zealand Conference and Annual General Meeting

The Governing Body sends representatives to the conference and as delegates to the Annual General Meeting

Appoint presiding delegate to Annual General Meeting

Appoint three other delegates to Annual General Meeting

Approve councillors to attend conference

 

Q3

FY18/19

Q4

Q1

Q2


 

COMPLETED

Governance

2018 Local Government New Zealand Conference  and Annual General Meeting

The Governing Body sends representatives to the conference and as delegates to the Annual General Meeting

Appoint presiding delegate to Annual General Meeting

Appoint three other delegates to Annual General Meeting

Approve councillors to attend conference

Progress to Date:

Report was considered 22/3/18

Approved the above GB/2018/47

Q3

FY17/18

Q4

Q1

Q2

People and Performance

Remuneration Policy

The current Remuneration Policy was adopted in 2014. The policy provides high-level guidance for all remuneration decisions made by the council. The policy is also supported by operational guidelines and policies.

Under the Local Government Act 2002 (Schedule 7, section 36A) the policy must be reviewed every three years.

Approve the change to the policy.

Progress to Date:

Report considered 22/3/18

Approved 22/3/18 GB/2018/42

Q3

FY17/18

Q4

Q1

Q2

Chief Planning Office

Auckland Plan Refresh

The Auckland Plan was approved in 2012 and a commitment made to a refresh within six years.  A refresh will ensure that the Auckland Plan remains current and will inform Long-term Plan 2018-2028 prioritisation and budget decisions.

Approve refresh of Auckland Plan

Progress to Date:

Various workshops throughout 2017/2018

Adopted summary information 21/2/18 GB/2018/25

Adopted by Planning Committee 6/5/18 PLA/2018/62

Q3

Q4

FY17/18

Q1

Q2

Chief Financial Office

Long-term  Plan 2018-2028

Statutory Process

·    Consultation process – including hearings for community to be heard and local board engagement meetings (Have Your Say events).  Approach to communication of investments in local board areas to be considered

·    Elected members consideration of feedback

·    Decision-making for Long-term Plan 2018-2028

·    Long-term Plan 2018-2028 adoption

Adopt consultation document and supporting material

Adopt Long Term Plan and set rates

Progress to Date:

Various workshops throughout 2017/2018

Adopted consultation document and supporting material 21/2/18 GB/2018/24

Agree recommendation for adoption 31/5/18 GB/2018/91

Adoption report 28/6/18 GB/2018/108

Q3

Q4

FY17/18

Q1

Q2

Chief Financial Office

Regional Fuel Tax Proposal

Auckland Council consulted on its 10-year Budget 2018-2028 (LTP), part of which asked if there was support for a Regional Fuel Tax.  A report on the consultation undertaken is required by legislation to be submitted to the Ministers of Transport and Finance.

Approve a Regional Fuel Tax for Auckland

Progress to Date:

Approved 31/5/18 GB/2018/90

Q3

Q4

FY17/18

Q1

Q2


 

Governance

Advisory Panels

The Governing Body appoints members to advisory panels, as required.

Approve appointments to advisory panels

Progress to Date:

Initial appointments to demographic panels 23/3/17 Conf

Appointments to the Youth Advisory Panel 25/5/17 Conf

Replacement members appointed to Youth Advisory Panel 22/3/18 Conf

Q1

Q2

Q3

Q4

People and Performance

Chief Executive’s Employment Review Process

Under the Local Government Act 2002, a local authority Chief Executive is appointed for a five year term.  Schedule 7 of the Act gives the option of a two year extension if Council undertakes a formal employment review at least six months before the expiry of the current contract.

The Governing Body is responsible for the review.

Approve performance objectives

Agree to the review of the chief executive performance before 30 June 2018

Delegate the review if desired

Decision on chief executives contract

Progress to Date:

Objectives approved and released 23/11/17 GB/2017/153

Process approved 19/4/18 GB/2018/71

Re-appointment confirmed 27/6/18 GB/2018/103

Q3

Q4

FY17/18

Q1

Q2

Governance

Independent Maori Statutory Board funding

The Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board (IMSB) board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2, clause 20, sub-clause 1, LGACA)

Approve 2018/2019 funding agreement

Progress to Date:

Report received 27/6/18 and funding approved GB/2018/94

Q3

Q4

FY17/18

Q1

Q2

Governance

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Approve submissions to the Crown as and when required

Approve establishment and on-going implementation of co-management and other governance arrangements

Progress to Date:

Submission on Point England Development Enabling Bill 23/2/17 GB/2017/8

Submission on Ngāti Tamaoho Claims Settlements Bill 27/7/17 GB/2017/85

Report Upper Mangatangi-Mangarawhiri Catchments Co-governance Arrangements 24/8/17 GB/2017/99

Submission on Ngāi Tai ki Tāmaki Claims Settlement Bill 22/2/18 GB/2018/36

Open Report Te Akitai Waiohua – Treaty Settlement Redress Conf 19/4/18 GB/2018/69

Open Report Ngāti Paoa – Treaty settlement redress Conf 24/5/18

Open Report on Maungauika – transfer of administration 27/6/18 GB/2018/97

Q1

Q2

Q3

Q4

Chief Financial Office

Annual Report

Statutory requirement

Adopt Annual Report

Progress to Date:

Adoption 27/9/18 GB/2018/153

Q1

27 Sep

Q2

Q3

Q4


 

Mayoral Office

Governance

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Adopt the Terms of Reference

Adopt changes to Terms of Reference

Progress to Date:

Initial adoption 1/11/16 GB/2016/237

Review report 14/12/17 GB/2017/177

Review after by-election 22/3/17 GB/2018/57

Amend Appointments, Performance Review and Value for Money 19/4/19 GB/2018/71

 

Q1

Q2

Q3

Q4

People and Performance

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Receive the quarterly Health, Safety and Wellbeing Report

Progress to Date:

March 2018 report received GB/2018/55

June 2018 report received GB/2018/119

 

Q1

Sep

Q2

Dec

Q3

Mar

Q4

Jun

Governance

Accountability Review of council-controlled organisations

The accountability review are to increase the accountability and value for money of CCOs by:

•     increasing the transparency of CCO decision-making

•     increasing the responsiveness of CCOs to the public and council

•     improving the recognition of ratepayer funding for CCO activity

•     increasing the ability to align CCOs to the direction set by the council.

Reporting on a quarterly basis

Approve objectives as basis of review

Approve scope and timing

Progress to Date:

Approve objectives, scope and timing 23/2/17 GB/2017/17

Memorandum 9/4/18 to councillors with an update

 

Q1

Q2

Q3

Q4

 

 



Governing Body

22 November 2018

 

 

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Governing Body

22 November 2018

 

 

Correspondence from select committee

 

File No.: CP2018/22062

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To provide information about a matter being reported with the public excluded.

Whakarāpopototanga matua / Executive summary

2.       The council recently made a submission on a bill which is currently before a select committee.  The council has received a confidential communication from the committee regarding the submission.

3.       The deliberations of select committees are confidential until the committee reports its findings back to the House. Breaching the confidentiality of select committee proceedings is considered contempt of the House.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      note there is a confidential report in the agenda which contains a communication from the select committee on a bill.

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.    

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

22 November 2018

 

 

Chief Executive's performance objectives

 

File No.: CP2018/11034

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To agree a new set of performance objectives for the Auckland Council’s Chief Executive, Stephen Town, for the 2019-2020 calendar years.

Whakarāpopototanga matua / Executive summary

1.       On 27 June 2018 the Governing Body agreed to extend the chief executive’s employment for a further two years (Resolution Number GB/2018/103). This means a new set of performance objectives must be agreed by Governing Body for the extension period, that is, for the 2019-2020 calendar years.

2.       The Governing Body has delegated to the Appointments Performance Review Value for Money (APRVFM) Committee responsibility for reviewing the chief executive’s performance and for recommending to the Governing Body the terms and conditions of the chief executive’s employment, including any performance agreement measures.

3.       The APRVFM Committee considered this matter at its meeting on 1 November 2018 and has made recommendations for the Governing Body which must make the final decision.

4.       The substantive discussion on this matter will take place in the confidential part of the agenda as it will involve the performance of the chief executive as well as the setting of performance objectives yet to be agreed between the chief executive and Governing Body.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      agree the set of performance objectives for the Auckland Council’s chief executive for the calendar years 2019-2020.

 

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.    

Ngā kaihaina / Signatories

Author

Tania Winslade - Executive Officer to P&P

Authorisers

Patricia Reade - Director People and Performance

Phil Wilson - Governance Director

      

 


Governing Body

22 November 2018

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Governing Body

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       CONFIDENTIAL:  Correspondence from Select Committee

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

In particular, the report contains correspondence from the Justice Select Committee.  It is contempt of the House of Representatives to disclose select committee proceedings prior to the committee reporting to the House..

Not applicable.

s48(1)(b)

The public conduct of the part of the meeting would be likely to result in the disclosure of information which would be contrary to a specified enactment or constitute contempt of court or contempt of the House of Representatives.

 

C2       CONFIDENTIAL:  Chief Executive's performance objectives

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, during this item, the committee will discuss the Chief Executive’s performance objectives which are yet to be agreed.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.