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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 28 March 2019

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

 

25 March 2019

 

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

28 March 2019

 

 

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

7          Local Board Input                                                                                                          8

7.1     Local Board Input: Ōrākei Local Board - Pre-application documentation availability to Local Board members                                                                 8

8          Extraordinary Business                                                                                                9

9          Update on response of Auckland Transport to recommendations of the Governance Framework review                                                                                                       11

10        Recommendations from the Appointments, Performance Review and Value for Money Committtee - Value for Money (s17A) Review Programme                        25

11        Panel report on Public Safety and Nuisance Bylaw 2013                                       43

12        Recommendations from Regulatory Committee, Trade Waste Bylaw 2013 - Statement of Proposal                                                                                                 91

13        Auckland Council Group and Auckland Council quarterly performance reports to 31 December 2018                                                                                                           427

14        2019 Local Government New Zealand Conference and Annual General Meeting 429

15        Summary of Governing Body information memorandum and briefings - 28 March 2019                                                                                                                             447  

16        Consideration of Extraordinary Items 

 

 


 

 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

 

2          Apologies

 

An apology from Deputy Mayor BC Cashmore has been received.

 

 

 

3          Declaration of Interest

 

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

 

 

 

4          Confirmation of Minutes

 

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 28 February 2019, 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.

 

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

 

 


 

 

 

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       Local Board Input: Ōrākei Local Board - Pre-application documentation availability to Local Board members

Te take mō te pūrongo

Purpose of the report

1.       Ōrākei Local Board Chair, Kit Parkinson, will speak to the Governing Body regarding pre-application documentation availability to local board members.

Whakarāpopototanga matua

Executive summary

2.       At its meeting of 21 February 2019, the Ōrākei Local Board resolved as follows:

Resolution number OR/2019/20

MOVED by Member D Wong, seconded by Chairperson K Parkinson: 

a)      That the report is received.

b)      That the Ōrākei Local Board receive the response of the pre-application request (attachment B of the report) and request that a copy of the Ōrākei Local Board’s letter dated 7 December 2018 and the response dated 17 January 2019 be referred to the next Governing Body meeting with the request for Ōrākei Local Board speaking rights.

3.       Background information in the form of a letter to the council’s Chief Executive and a response from the Director, Regulatory Services (Acting) is appended at Attachment A and Attachment B.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      thank Ōrākei Local Board Chair, Kit Parkinson for his input in relation to pre-application documentation availability to local board members and for his attendance.

 

Attachments

a          Letter to council's Chief Executive dated 7 December 2018....................... 461

b          Response from Director, Regulatory Services (Acting) dated 17 January 2019.............................................................................................................. 465

 

 


 

 

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

28 March 2019

 

 

Update on response of Auckland Transport to recommendations of the Governance Framework review

 

File No.: CP2018/23830

 

  

 

 

 

Te take mō te pūrongo

Purpose of the report

1.       To report back on the progress Auckland Transport has made in response to the recommendations of the Governance Framework Review.  This report back was directed by the Governing Body on 22 March 2018 (GB/2018/43/44/45 refer). 

Whakarāpopototanga matua

Executive summary

2.       The Governance Framework Review began in 2016 to review aspects of the operation of the Auckland governance model implemented at amalgamation.  A number of the eventual resolutions from the review centred on Auckland Transport’s engagement with local boards.

3.       In March 2018, Governing Body considered Auckland Transport’s initial response to the resolutions, and directed another report back once Auckland Transport has made further progress.  This is that report back.

4.       Auckland Transport has made progress in a number of areas:

·    A new local board engagement plan has been finalised and distributed to local boards (Appendix A)

·    Work programmes are in place between Auckland Transport and each local board, reflecting the principles of the Governance Framework Review

·    A revised process for approving projects under the Local Board Transport Capital Fund is under development

·    A new budget has been identified for the next two years, dedicated to local safety projects

·    Auckland Transport has developed draft protocols for communication with ward councillors, so as to provide a template for more consistent relationships with regional elected members (Appendix B).

5.       Nonetheless, there is still considerable work to be done to fulfil the expectations of the Governance Framework Review.  Much will depend on confirmation and adoption of the processes and protocols above.  Furthermore, Auckland Transport needs to be committed to the overall goal of improved engagement and satisfaction among elected members (both local board and ward), including finding ways to tailor general practices to local needs and circumstances. 

6.       The next report-back on Auckland Transport’s progress in relation to the Governance Framework Review will be in last quarter 2019 (October-December).  This will incorporate reports on progress against the resolutions, as well as results from the February 2019 elected member survey.

 


 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      note the progress Auckland Transport has made in respect of the resolutions of the Governance Framework Review

b)      request that Auckland Transport continues to work with local boards to refine the engagement plans over time, to reflect local needs and circumstances, and implement the commitments outlined in the plans

c)      request that Auckland Transport works with Local Board Services to finalise an improved process for approving projects under the Local Board Transport Capital Fund by June 2019

d)      request that Auckland Transport ensures the transport capital safety fund includes opportunities  for  ward  councillors  to  identify  projects,  consistent  with FIN/2018/173 b) i) (22 November 2018)

e)      note Auckland Transport’s proposed protocols for engagement with ward councillors, and request that it adopt these protocols with any changes recommended by the Governing Body

f)       direct staff to report back to governing body with a further progress report on the Governance Framework Review resolutions and resolutions b) to e) above before the end of 2019.

 

 

Horopaki

Context

7.       The Governance Framework Review began in 2016 to assess whether the Auckland Council governance model was working optimally to meet the aims of the Auckland governance reforms.  In September 2017 the Governing Body considered the recommendations of a political working party established to assess the Governance Framework Review conclusions. 

8.       The Governing Body passed a number of resolutions in relation to the role of Auckland Transport, with particular focus on the respective roles of Auckland Transport and local boards in place-shaping (GB/2017/117 refers).  The Governing Body directed Auckland Transport to provide a formal response back to the Governing Body on these resolutions.

9.       An implementation plan setting out the specific actions required to deliver on the Governing Body GFR resolutions was presented to the Joint Governance Political Working Party in February 2018.

10.     At its 22 March 2018 meeting, the Governing Body considered Auckland Transport’s initial responses to the Governing Body resolutions (GB/2018/43).  It:

·    endorsed Auckland Transport’s initial responses in respect of its engagement with local boards in relation to place shaping

·        requested a report once further progress had been made

·        directed Council staff to report back annually on Auckland Transport’s compliance both with the specific resolutions but also the Governance Manual’s requirements around CCO engagement with local boards.

11.     This report provides an assessment of Auckland Transport’s progress in meeting the Governance Framework Review resolutions.  

 

Tātaritanga me ngā tohutohu

Analysis and advice

12.     The relevant resolutions of the Governance Framework Review for this report back are set out below (GB/2017/117 refers) in the table.  Comments on progress are given, which incorporate Auckland Transport’s self-reporting to council staff on the resolutions, and also feedback from Local Board Services staff based on informal feedback from local boards.  More formal responses from local boards are expected once the results of the elected member survey in February 2019 have been processed.  These will be incorporated into another progress report later in 2019. 

Resolution(s) (GB/2017/117)

Comment on progress

Auckland Transport to meet all requirements for local board engagement as set out in the Governance Manual for substantive council-controlled organisations, with council staff to monitor compliance through annual reporting on this (resolutions k and l)

The key element of the Governance Manual requirements is the preparation of local board engagement plans.  Appendix 10.5 of the Governance Manual sets out generic requirements, and specific requirements for each CCO.

Auckland Transport has developed a new engagement plan (Appendix A). This sets out four key principles for AT’s engagement with local boards, namely the integral role of local boards, the need to keep local boards well informed, involving local boards in all relevant projects, and the good faith basis of interactions with local boards. 

Auckland Transport included the engagement plan on workshop agendas so that local boards could provide feedback on it.  A small amount of feedback was received.

Auckland Transport has subsequently distributed the final engagement plan.

Local boards will now have the opportunity to discuss practical implementation of the engagement plans, as part of regular Auckland Transport engagement with them. 

Auckland Transport will report on engagement activity as part of the quarterly performance report to the Finance and Performance Committee.  This was included for the first time in the quarter 2 report (September to December) on page 9.  This report will be considered on 20 March 2019 at Finance and Performance Committee. 

Council staff consider that the engagement plan is a reasonable start, as it sets out principles for putting into action the Governing Body direction for Auckland Transport to better support LBs in their place-shaping role. 

 

 

 

However, much will depend on the willingness of Auckland Transport to be open to further customization of engagement plans for each board.  Importantly, the focus also needs to shift to implementing the commitments outlined in the plans.  This includes being open to developing unique relationships with each board and resourcing that appropriately, reflecting the different needs, concerns and stated priorities of the various local boards. 

A commentary on how well this is being done will be included in the next progress report. 

 

Auckland Transport, in working with local boards, will:

·      ensure that local boards have a strong governance role in determining  ‘look and feel’ of town centres and streetscapes

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

·      provide more opportunities for local board direction on the prioritisation of minor traffic safety projects

·      be more responsive to local place-shaping initiatives in non-transport parts of the road corridor

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

·      provide a local work programme for each local board as soon as practicable each financial year

(resolution m, with annual reporting on this – resolution n)

Auckland Transport has developed a work programme for each local board for the 2018/19 year. 

Some of these resolutions are covered by principles in the engagement plan referred to above, and commit Auckland Transport to acting on them.  For example, principle 1(c) confirms that many transport projects affect ‘place’ and the active role local boards have in place shaping.  Principle 2(c) refers to the level of information provided to local boards being consistent with the impact of projects on place-shaping, and principle 3(a) commits Auckland Transport to early and regular engagement for all relevant projects. 

One example of these principles in action during 2018 was in the development of the new Half Moon Bay ferry and bus terminal.  On this project, the local board and Auckland Transport worked closely on how it looked and fitted with the local environment.  All parties consider it has a strong sense of place and is a good destination, in addition to serving its functional purpose.  Council considers this a good example, and looks forward to more of this happening in future.

Finally, it is noted that Auckland Transport have identified a budget with the Regional Land Transport Plan for local safety related projects.  Auckland Transport has already presented this to the local board chairs’ forum, as this might provide another opportunity for investment in local areas (see also below).

 

Accountability review for CCOs to consider role of section 92(2) of Local Government (Auckland Council) Act in directing consistency with local board plans

The role of section 92(2) in respect of local board plans went to the Joint Governance Political Working Party and noted that section 92(2) can be applied on a case by case basis. 

Increase the amount available in the Local board Transport Capital Fund (LBTCF), and implement a more systematic work programme to identify projects and improve allocation of the Fund

(resolutions p and q)

The Local board Transport Capital Fund increased to $20m from 2018/19 as part of the Long-term Plan. 

Auckland Transport has had ongoing discussions with the Local Board Services department about how the process might be improved.  This has been with a view to developing an end-to-end view of the process to identify and agree projects to be funded by the LBTCF and develop a draft guidance document for staff.

Auckland Transport and Local Board Services staff have identified a high-level process that they believe can work well and respects the respective roles of the boards as governors and Auckland Transport as expert advisers on the transport system.  However, the detail now needs to be worked through, and we note that the success of any new process will depend heavily on Auckland Transport commitment to implementation of it. 

Staff also note that Auckland Transport has proposed an additional fund for local safety projects.  It is anticipated that this fund will operate on a similar basis to the Local board Transport Capital Fund, albeit with a direct safety focus, and that it is only budgeted for two years.  Additionally, this fund will need to incorporate criteria that ensures the involvement of ward councillors, consistent with the following resolution of the Finance and Performance Committee on 22 November 2018 about what Auckland Transport should include in its 2019/2020 Statement of Intent:

work collaboratively with ward councillors and local boards to identify ward-based safety projects to deliver outcomes for our community (FIN/2018/173).

Direct Auckland Transport to actively engage with governing body councillors on transport projects within their ward areas

13.     (resolution r)

Auckland Transport has confirmed to staff that it is happy to provide ward councillors with information and discuss issues about local transport projects, in addition to publicly available information which is already being supplied to local boards. 

However, staff are also aware from discussions with councillors that Auckland Transport needs to be more proactive, positive and committed in its engagement with ward councillors.  Councillors’ role is not just at a regional strategic level, but to represent a local area alongside local board members.  A more consistent approach, coupled with the willingness to tailor engagement to the needs of individual councillors, would be helpful. 

 

To this end, Auckland Transport has developed a set of proposed protocols for engagement with ward councillors.  These are attached (Appendix B) and it is recommended that the governing body note these protocols, with any recommended changes, for adoption by Auckland Transport. 

 

 

Waiheke pilot

14.     The Waiheke pilot is a three-year initiative generated from the Governance Framework Review process.  It is designed to explore greater flexibility and autonomy in decision-making. 

15.     As part of the pilot, Auckland Transport is working with the Waiheke Local Board to improve its relationship and engagement. A forum has been established to enable community representatives, the Local Board and Auckland Transport to discuss transport issues and support the alignment of investment and longer term strategy. This approach potentially provides a model for adoption by Auckland Transport and other local boards.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16.     Staff from Auckland Transport have been closely involved in the development of the Governance Framework Review recommendations in respect of Auckland Transport and local boards.  Auckland Transport has been consulted on and supplied information about its progress in respect of the key areas referred to in this report.

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

17.     Local board views, and the perspectives of the Local Board Services team at council are integral to the subject matter of this report and have been incorporated throughout, where relevant. 

18.     A key issue for Local Board Services is about how Auckland Transport’s improvement in engagement will be tracked over time.  Information about this is provided in the next steps below. 

Tauākī whakaaweawe Māori

Māori impact statement

19.     There are no specific implications for Māori from this report. 

Ngā ritenga ā-pūtea

Financial implications

20.     There are no financial implications from this report. 

Ngā raru tūpono

Risks

21.     Failure of Auckland Transport to engage appropriately with local boards and also ward councillors may mean that local perspectives are not adequately factored into its work programmes and projects.  This may mean both suboptimal outcomes for the community, but also carries reputational risks for council if the community does not perceive it is being engaged sufficiently in local transport decision-making. 

22.     The actions identified in this report will mitigate this risk if they are implemented by Auckland Transport. 

Ngā koringa ā-muri

Next steps

23.     Councillors can provide feedback on the ward councillor protocols either directly at the committee meeting or directly to staff at a later time.

24.     The latest elected member survey took place in February 2019.  The survey included two questions about local board satisfaction with Auckland Transport and a text field for comments (there were also questions about governing body member satisfaction with Auckland Transport).  This will help to provide objective feedback across all local boards about how well the intent and specific resolutions of the Governance Framework Review are being implemented.  Results from this survey are expected to be analysed by May 2019. 

25.     In addition, Auckland Transport has recently undertaken a survey and interviews with local board members to understand local board satisfaction with the support provided to them by Auckland Transport. 

26.     Taken together with the elected member survey and Auckland Transport self-reporting on progress, this should provide significant independent verification of whether engagement is improving.  When the results from the elected member survey and Auckland Transport’s internal survey are available, staff will look for an opportunity to communicate and discuss them with councillors. 

27.     The next report on the Governance Framework Review resolutions will be in the final quarter of 2019 (October-December), to summarise activity of the previous 12 months.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Auckland Transport local board engagement plan

19

b

Ward councillor engagement protocols, February 2019 draft

23

      

Ngā kaihaina / Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

28 March 2019

 

 

Auckland Transport and Local Board – Engagement Plan 2018

 

Engagement Plan

Auckland Transport (AT) seeks to have a constructive and positive working relationship with each Local Board. To this end, the following principles will guide the interactions between Local Boards and Auckland Transport.

 

1.   Principle One – Local Boards are an integral part of Auckland Council, Auckland’s democratically elected governance body.

a)   Auckland Council and NZTA fund AT and AT exists to deliver Council’s overall vision for transport in the Auckland Region.

b)   Auckland Council (Governing Body & Local Boards) and NZTA are AT’s principal partners.

c)   Auckland Council’s Governing Body has delegated the role of ‘place-making’ to Local Boards.  Many transport projects affect ‘place’, so Local Boards should be actively involved as the delegated representatives of AT’s funder (Auckland Council).

 

2.   Principle Two – AT will keep Local Boards well informed. (No surprises)

a)   AT will use its best endeavours to keep Local Boards informed, in a timely manner, about all transport activities in their areas.

b)   AT will inform Local Boards as early as possible when projects are significant or have an impact on ‘place-making’.

c)   The level and frequency of the information provided will be consistent with the significance of the project and the impact on ‘place-making’.

While Local Boards are the primary focus of this engagement plan, Auckland Transport also has a requirement to keep Ward Councillors updated on projects/initiatives in their Wards.

3.   Principle Three – AT will involve Local Boards in all relevant projects.

a)   AT will seek input from Local Boards as early as it can, for all relevant projects and then provide regular updates on progress. (This includes any legislative requirements, such as those set out in the Waitakere Ranges Heritage Act 2008)

b)   Where input is not relevant, AT will still keep Local Boards informed about projects.

c)   Local Boards have limited ability to influence the following:

i.    Safety projects (i.e. the design is based on engineering best practice to meet a safety requirement). 

ii.    Projects approved by Auckland Council through the Regional Land Transport Plan (RLTP). Local Boards will still have input into the place-making elements of a project of this nature but this would be within the limits imposed by the RLTP (ie. scope & budget).

iii.   Projects or project parameters that are governed by legislation, regulations or official AT policy (eg. where the Transport Design Manual states that there must be 17m of NSAATs,(broken yellow lines), at the head of a bus stop, then there is no requirement to consult about the length of the NSAAT or its existence, in addition to any consultation on the bus stop.

 

4.   Principle Four – Good faith and reasonableness will drive AT’s interactions with Local Boards. 

a)   AT will work with each Local Board to build a positive working relationship..

i.    AT will provide early and constructive engagement on projects where Local Boards have a role.

ii.    When Local Boards make practical suggestions, AT will consider them and, where appropriate, use best endeavours to incorporate them.

iii.   AT will be clear about when material is confidential and will expect Local Boards to honour the confidential nature of that material.

iv.  If AT makes a mistake, we will work constructively to fix it.

v.   If Local Boards don’t have the ability to influence a project, AT will be ‘up front’ and tell them. We will also explain why.

 

Actualisation of Engagement Plan Principles

1.   Reporting

AT will report to Local Boards in the following ways:

a)   Monthly and/or regular reporting covering:

i.    Update on current Local Board Transport Capital Fund (LBTCF) projects.

ii.   Proposed new LBTCF projects.

iii.   Updates on current and proposed AT projects in the Local Board area and their strategic fit.

iv.  Responses to resolutions and requests made by the Local Board.

v.   Progress against Local Board advocacy initiatives.

vi.  Current consultations and/or information on changes to the regulatory road environment.

b)   Quarterly updates covering: 

i.    AT activity over the past quarter, both locally and regionally (appended to a monthly report).

ii.    AT’s quarterly report to Council will be presented to Local Boards.

 

2.   Local Board Workshops and Briefings

a)   Regular board specific workshops on transport matters to obtain local knowledge and views.

b)   Cluster workshop presentations on significant regional transport initiatives.

c)   Workshops on specific projects/initiatives as required/requested. (This relies on Local Boards having sufficient workshop time available, so that workshops can be booked within a month).

d)   Engagement Plan & Annual Work Programme workshops.

e)   Information on projects/initiatives where the opportunity to influence does not exist.

3.   Consulting - Local Boards will be consulted on the following:

a)   Consultation on major projects and/or policies.

b)   Consultation on all relevant projects in the local board area.

 

4.   Confidentiality

a)   While local input is an important ingredient in many AT projects, the optimum time to seek this input is when a project is being initially considered.

b)   Workshops with local boards are an important way of obtaining local input, however, it is important that community expectations are not raised when there is no actual project to implement, as this initial investigation phase may result in ‘do nothing at this time’.

c)   Therefore these initial discussions need to be kept confidential, until such time as there is an actual project to implement and a timeframe for the delivery of that project.

d)   The legislation governing local authority meetings and information is very clear about the necessity for local authorities to be able to have; ‘free and frank expression of opinions by or between or to members or officers or employees of any local authority… and also ‘…to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) and ‘…prevent the disclosure or use of official information for improper gain or improper advantage…’

e)   Local boards and their members need to respect this confidentiality, or AT may be forced to restrict the material it presents at workshops.

 

5.   Community Groups (business associations, ratepayer & resident groups, etc.)

a)   AT will consult directly with community groups when they are clearly among the ‘directly affected parties’ for a particular project

b)   However, general transport briefings/forums/updates need to be organised through the appropriate Local Board, as Local Boards are local communities’ democratically elected representatives and as such are considered better able to balance competing interests from across their communities.

 


Governing Body

28 March 2019

 

 

DRAFT - Auckland Transport protocols for engagement with Ward Councillors, February 2019

 

Purpose of protocols

Auckland Transport is committed to providing an appropriate level of information to councillors and local board members, aligning with their different governance roles (regional and strategic as opposed to local place-based). [Regional = impacting on multiple local board areas and Local = impacts confined to a single local board area.]

These protocols supplement the general accountability expectations of Auckland Transport as set out in documents such as the Local Government Act 2002, Local Government (Auckland Council) Act 2009, and the Governance Manual for Substantive CCOs.

They set out practical expectations for engagement and information provision between Auckland Transport and Auckland Council governing body members and build on the regular contact councillors have with Auckland Transport through workshops and formal committee meetings.

 

Expectation on Auckland Council staff

Local information is already provided to local board members in the form of monthly reports and  Auckland Transport’s Board Reports also contain extensive information about AT activities. Auckland Council councillor support advisers should download these reports and any other relevant publicly available information and bring material of particular interest to their councillor’s attention.

 

Expectations on Auckland Transport

Auckland Transport will:

·    ensure councillors are informed about all regional projects, including those funded fully or in part by the Regional Fuel Tax;

·    ensure that ward councillors are offered briefings on all regional projects in their wards;

·    ensure a service level of (X days – to be determined) for all responses to written enquiries;

·    proactively provide briefings to councillors on specific projects or initiatives of particular interest (As indicated by the councillor);

·    provide ward councillors with a primary point of contact for day to day queries;

·    meet with councillors and update them on current projects and initiatives, as required;

·    Provide information and/or attendance at relevant committee and Governing Body meetings.

 

The primary contact for councillors will be the Auckland Transport Elected Member Relationship Management staff assigned to them.  However, on specific issues councillors may be provided information by other Auckland Transport staff, including senior management as appropriate.

 

Approved by:

 

---------------- [signed]----------------(…)


Governing Body

28 March 2019

 

 

Recommendations from the Appointments, Performance Review and Value for Money Committtee - Value for Money (s17A) Review Programme

File No.: CP2019/03234

 

  

 

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 Human Resource Management Services review.

Whakarāpopototanga matua

Executive summary

2.       At its meeting on 7 March 2019, the Appointments, Performance Review and Value for Money Committee considered the attached report and resolved as follows:

Resolution number APP/2019/10

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

a)      agree to recommend to the Governing Body that they approve the terms of reference for the Human Resource Management Services review.

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 Human Resource Management Services review (included in Attachment A of the agenda report).

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

7 March 2019 Original Value for Money (s17A) Review Programme report to Appointments, Performance Review and Value for Money Committee - Human Resource Management Services

27

     

Ngā kaihaina

Signatories

Author

Suad Allie - Governance Advisor

Authoriser

Stephen Town - Chief Executive

 


Governing Body

28 March 2019

 

 

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Governing Body

28 March 2019

 

 

Panel report on Public Safety and Nuisance Bylaw 2013

File No.: CP2019/02668

 

  

 

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt changes to the Public Safety and Nuisance Bylaw 2013, Animal Management Bylaw 2015 and Traffic Bylaw 2015 and to revoke legacy bylaws about fences.

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to adopt proposed changes to Auckland Council public safety and nuisance bylaws, an appointed Hearings Panel has deliberated and made recommendations on public feedback to the proposed changes (proposal).

3.       The proposal sought to protect people from nuisance or unsafe behaviours and activities in public places. The Governing Body adopted the proposal for public consultation on 27 September 2018 (GB/2018/148). At the close of public feedback on 5 December 2018, approximately 1,865 feedback responses were received.

4.       The Panel recommend the Governing Body adopt the proposal with changes in response to matters raised in public feedback (Attachment C), including that:

·        leaving or storing items in public places be amended to make the bylaw clearer about what items cannot be stored on public places

·        aggressive or intimidating behaviour around begging be removed to make the behaviours expected from all Aucklanders in public places clearer

·        nuisance and safety issues relating to drones be amended to specifically regulate the use of drones

·        controls on set-netting be amended to increase transparency around decision-making for recreational fishing controls

·        setting off fireworks retain a ban on the use of fireworks in public places

·        issues are addressed in existing legislation and other bylaws where appropriate to make the bylaw easier to understand

5.       The original Hearing’s Panel report is appended as Attachment A.

6.       Taking this approach will make the Bylaw more certain and will better protect the public from nuisance or unsafe behaviours and activities in public places.

7.       There is a reputational risk that some people or organisations may not feel council has listened to their concerns. This can be mitigated by communicating the reasons for the decisions to those who gave feedback.

8.       If adopted, staff will publicly notify the decision, update the bylaws when they come into force on 1 October 2019 and implement any operational changes.

 


 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      approve the Panel recommendations on proposed changes to the Public Safety and Nuisance Bylaw 2013, Animal Management Bylaw 2015 and Traffic Bylaw 2015, and revocation of legacy bylaws about fences in Attachment A and Attachment B of the agenda report.

b)      confirm that a bylaw is the most appropriate way to protect people from nuisance or unsafe behaviours and activities in public places.

c)      approve that the Public Safety and Nuisance Bylaw 2013 and amendments to the Animal Management Bylaw 2015 and Traffic Bylaw 2015 in Attachment C of the agenda report:

i)        are the most appropriate form of bylaw

ii)       do not give rise to any unjustified implications and are not inconsistent with the New Zealand Bill of Rights Act 1990.

d)      adopt the amended Public Safety and Nuisance Bylaw 2013 in Attachment C of the agenda report with effect from 1 October 2019.

e)      adopt the amendments to the Animal Management Bylaw 2015 and Traffic Bylaw 2015 in Attachment C of the agenda report with effect from 1 October 2019.

f)       revoke the legacy bylaws about fencing in Attachment C of the agenda report with effect from 1 October 2019.

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

h)      delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the bylaws in Attachment C of the agenda report to correct errors or omissions.

 

Horopaki

Context

9.       Te Ture a-Rohe Marutau a-Iwi me te Whakaporearea 2013, the Public Safety and Nuisance Bylaw 2013 (Bylaw) aims to protect people from nuisance or unsafe behaviours and activities in public places. Public places include parks, beaches, civic spaces and other places accessible to the public, but generally not roads. Rules on roads and footpaths next to roads are contained in the Auckland Transport Public Safety and Nuisance Bylaw 2013.

10.     During the review of the Bylaw, matters related to public safety and nuisance were also identified in the Auckland Council Animal Management Bylaw 2015, Traffic Bylaw 2015 and legacy bylaws about fences.

11.     The Regulatory Committee on 13 September 2018 appointed a Panel[1] to deliberate and make recommendations to the Governing Body on public feedback on proposed changes to the Public Safety and Nuisance Bylaw 2013, Animal Management Bylaw 2015 and Traffic Bylaw 2015 and revocation of legacy bylaws about fences (proposal) (REG/2018/65).

12.     The proposal was adopted by the Governing Body on 27 September 2018 for public feedback (GB/2018/148).

13.     The proposal seeks to better protect people from nuisance and unsafe behaviours and activities in public places by making changes to bylaws that:

·    use central government legislation instead of a bylaw to address damage, car window washing, mind-altering (psychoactive) substances, graffiti, noise, fish offal, gates in parks, fireworks on non-public places, street names and property numbering

·    move issues about animals, drains, signage, stormwater and traffic to existing, dedicated bylaws

·    prohibit leaving construction materials, boats, shipping containers and consumer goods not on display for sale in public places, unless approved by council

·    clarify the expected behaviours and restrictions on the use of public places

·    clarify how council makes controls and gives approvals

·    clarify which public places the bylaw applies to and enable people in control of those public places to approve exemptions

·    replace legacy bylaws about fences with changes to the Public Safety and Nuisance Bylaw 2013.

14.     The proposal was notified for public feedback from 26 October to 5 December 2018. People were able to provide feedback either online, by post or in person at five Have Your Say events, a stakeholder event and a hui for rangatahi Māori. Approximately 1,865 individual feedback responses were received.

15.     The Panel deliberated on the public feedback to the proposal at a public meeting on 18 February 2019.

16.     More information about the proposal, public notification and feedback can be viewed on council’s have your say and hearing webpages.

Tātaritanga me ngā tohutohu

Analysis and advice

17.     The Panel structured its deliberations and recommendations on the public feedback by topic. Table 1 contains a summary of the panel recommendations to key parts of the proposal.

18.     A full summary and panel recommendations is in Attachment A. This includes relatively minor recommended changes to the proposal to exempt the New Zealand Defence Force in a similar way to civil defence personnel, include a definition of Tūpuna Maunga and refer to only regional parks management plans.

Table 1: Summary of key panel recommendations

Topic

Summary of Panel recommendation

Leaving or storing items in public places

Adopt proposal as publicly notified to better protect people from nuisance and unsafe behaviours, and activities in public places by making the bylaw clearer about what items cannot be stored on public places.

Aggressive or intimidating behaviour around begging

Adopt proposal as publicly notified to better protect people from nuisance and unsafe behaviours, and activities in public places by making the behaviours expected from all Aucklanders in public places clearer.

Nuisance and safety issues relating to drones

Adopt proposal as publicly notified to better protect people from nuisance and unsafe behaviours, and activities in public places by specifically regulating the increasing use of drones.

Controls on set-netting

Adopt proposal as publicly notified to increase transparency around decision-making for recreational fishing controls.

Setting off fireworks

Adopt proposal as publicly notified to better protect people from nuisance and unsafe behaviours, and activities in public places by retaining a ban on the use of fireworks in public places.

Issues addressed in existing legislation and other bylaws

Adopt proposal as publicly notified to make council’s regulatory approach easier to understand by using other existing regulations to address problems with no change to service levels.

 

19.     Where Panel recommendations in Attachment A result in changes to the proposal, the changes recommended by the Panel are shown in a comparison table in Attachment B.

20.     The Panel recommends that the Governing Body adopt the proposed changes in Attachment C which incorporates the changes recommended by the Panel by making the necessary statutory determinations. Taking this approach will make the Bylaw more certain and better protect people from nuisance or unsafe behaviours and activities in public places.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     The proposed changes impact council units involved in regulatory compliance and regional parks. Input was sought through face-to-face meetings throughout the process.  Council units are aware of the impacts of the proposed changes and their implementation role.

22.     Auckland Transport, which has its own public safety and nuisance bylaw for the Auckland transport system, has been kept informed of proposed changes throughout the process.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

23.     The impact of the issues addressed in the proposal varies across Auckland. For example, nuisance car window washing occurs more in central and southern local board areas while nuisance and unsafe set-netting occurs more in northern and east coast local board areas.

24.     Local boards were provided opportunities to input into the decision-making process in writing or in person at a local board session with the Panel.

25.     The five local boards who provided input were largely supportive of the proposal. Local board views about more bylaw compliance and enforcement have been referred to relevant staff.

Tauākī whakaaweawe Māori

Māori impact statement

26.     The Bylaw regulates complex social issues which may disproportionately impact Māori. These include activity related to obstruction, rough sleeping, begging, car window washing and mind-altering substances. The Bylaw also regulates activities on parks and beaches about which mana whenua may have a customary interest.

27.     Mana whenua and mataawaka were notified of the proposal and given the opportunity to provide feedback on-line or in person at ‘Have Your Say’ events, a hui for rangatahi Māori or a Panel one-on-one event. Feedback received from Māori includes:

·    rangatahi Māori generally agree with the proposals about begging activity and car window washing and want to ensure Māori were consulted about set netting

·    Four iwi sought to prohibit scattering of ashes and a fifth sought to prohibit vehicles on Muriwai and Kariotahi beaches

·    the Tūpuna Maunga o Tāmaki Makaurau Authority sought to ensure any changes supported their role as kaitiaki and rangatira of the Tūpuna Maunga.

28.     The Panel recommendations to adopt the proposal to include a definition of Tūpuna Maunga support this feedback in part.

29.     The Panel recommend that decisions on the scattering of ashes are more appropriately addressed through continued non-regulatory discussions between council, mana whenua and other cultures. The Panel also recommend that a decision about prohibiting vehicles on beaches is more appropriate during the review of the Auckland Council Traffic Bylaw 2015 as proposed.

Ngā ritenga ā-pūtea

Financial implications

30.     Public notification and implementation costs will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     There is a reputational risk that people who provided feedback may not feel council has listened to their concerns. This can be mitigated by staff communicating the reasons for the decisions to those who gave feedback.

Ngā koringa ā-muri

Next steps

32.     If adopted, staff will notify the general public and people who gave feedback about the decision and publish updates to the bylaws when they come into force on 1 October 2019.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Panel recommendations to public feedback

49

b

Comparison of proposed and Panel recommended changes to bylaws

61

c

Amended bylaws and bylaws to be revoked for adoption by the Governing Body

63

     

Ngā kaihaina

Signatories

Authors

Pania Elliot - Principal Policy Analyst

Fereti Lualua - Policy Analyst

Authoriser

Stephen Town - Chief Executive

 


Governing Body

28 March 2019

 

 

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28 March 2019

 

 

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Governing Body

28 March 2019

 

 

Recommendations from Regulatory Committee, Trade Waste Bylaw 2013 - Statement of Proposal

File No.: CP2019/03604

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive the recommendations from the Regulatory Committee and adopt the statement of proposal for the Trade Waste Bylaw 2013.

Whakarāpopototanga matua

Executive summary

2.       At its meeting on 14 March 2019, the Regulatory Committee considered the attached report and resolved as follows:

Resolution number REG/2019/11

That the Regulatory Committee:

a)      recommend the Governing Body adopt the statement of proposal in Attachment A of the agenda report for public consultation and confirm that the amended Bylaw contained within this attachment:

i)   is the most appropriate form of bylaw

ii)       does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990.

b)           recommend 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.

3.       The original report with original Attachment B and Attachment C to the 14 March 2019 Regulatory Committee is appended at Attachment A of this report.

4.       After the Regulatory Committee considered the report at its meeting on 14 March 2019, an error was discovered in the bylaw table of contents.  The amended Statement of Proposal with correct bylaw contents page, is appended at Attachment B of this report.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      adopt the Tradewaste Bylaw 2013 Statement of Proposal included in Attachment B of the agenda report for public consultation and confirms that the draft bylaw:

i)        is the most appropriate and proportionate way to implement aspects of the policy

ii)            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 B of the agenda report for their views

ii)            this agenda report and attachments for their information.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

14 March 2019 - Original Agenda Report to Regulatory Committee

93

b

Amended Statement of Proposal

337

     

Ngā kaihaina

Signatories

Author

Suad Allie - Governance Advisor

Authoriser

Stephen Town - Chief Executive

 


Governing Body

28 March 2019

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


Governing Body

28 March 2019

 

 


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28 March 2019

 

 


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28 March 2019

 

 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


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28 March 2019

 

 

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Governing Body

28 March 2019

 

 

Auckland Council Group and Auckland Council quarterly performance reports to 31 December 2018

File No.: CP2019/03914

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide a further update on the financial and non-financial performance for the Auckland Council against the 10-year Budget for the six months to 31 December 2018.

Whakarāpopototanga matua

Executive summary

2.       The Auckland Council Group results for quarter two performance were reported to the Finance and Performance Committee on 20 March 2019.  This covered progress at a group level and across the substantive Council-Controlled Organisations.

3.       The statutory Auckland Council Group Interim Report for the six months to 31 December 2018 was also attached and was released to the New Zealand Stock Exchange on 28 February 2019.

4.       This item was due to be considered in its entirety at the Finance and Performance Committee on 20 March 2019, however the item was not completed.

5.       For reference, the original report and attachments can be found at HTML version or the PDF version.

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      receive the Auckland Council Performance Report for the period ending 31 December 2018.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Sandra Gordon - Senior Governance Advisor

Authoriser

Stephen Town - Chief Executive

 


Governing Body

28 March 2019

 

 

2019 Local Government New Zealand Conference and Annual General Meeting

File No.: CP2019/01996

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve members to attend the Local Government New Zealand (LGNZ) conference taking place from Sunday 7 July 2019 to Tuesday 9 July 2019, and appoint delegates to the Annual General Meeting (AGM) on Sunday 7 July 2019.

Whakarāpopototanga matua

Executive summary

2.       The 2019 LGNZ conference will be held at the TSB Arena and Shed 6, Wellington, from Sunday 7 July to Tuesday 9 July 2019. The conference programme is appended as Attachment A.

3.       Each local board will be invited to approve attendance of one member at the conference.

4.       Staff recommend that the Governing Body select up to five Governing Body members to attend the conference.

5.       Auckland Council is entitled to four delegates at the AGM.  Staff recommend that Mayor Phil Goff be the presiding delegate and the other three delegates be comprised of either:

a)      two members of the Governing body who hold a formal representation role with LGNZ and the chief executive; or

b)      one member of the Governing Body who holds a formal role with LGNZ and the chief executive, and a local board member; or

c)      two members of the Governing Body who hold a formal representation role with LGNZ and a local board member.

6.       The General Manager, Democracy Services, will provide an update on proposals for remits that have been received from elected members at the meeting.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      appoint the Mayor as the Auckland Council presiding delegate to the Local Government New Zealand Annual General Meeting

b)      appoint another three delegates to the Local Government New Zealand Annual General Meeting, one of which may be a local board member

c)      invite local boards, through the chairs, to choose a delegate to the Local Government New Zealand Annual General Meeting if one of the delegates is a local board member

d)      approve attendance at the Local Government New Zealand conference of the Mayor and the Governing Body delegates appointed in recommendation b), and other Governing Body members up to a total of five attendees

e)      delegate to the Mayor, in the event he cannot attend the Local Government New Zealand Annual General Meeting at short notice, the ability to appoint another Governing Body member to the role of presiding delegate

 

f)       delegate to the Mayor, in the event an appointed member cannot attend the Local Government New Zealand Annual General Meeting or conference at short notice, the ability to approve the attendance of another member

g)      agree that when exercising the Auckland Council’s vote at the Local Government New Zealand Annual General Meeting, the delegates have the discretion to determine the Auckland Council’s position on any matter on which the Auckland Council’s position is not otherwise known

h)      delegate to the Mayor the ability to act on the Auckland Council’s behalf in nominating or seconding any candidate for president or vice-president of Local Government New Zealand

i)        note the process for deciding remits to be presented to the Local Government New Zealand Annual General Meeting

j)        note the proposed constitutional changes, which will be decided at Annual General Meeting

k)      note that local board members can attend the Local Government New Zealand Annual General Meeting in an advisory capacity provided their names are included on the Annual General Meeting registration form, which will be signed by the Mayor

l)        note that local board members are offered the opportunity to attend the Local Government New Zealand conference, using their professional development budget.

 

Horopaki

Context

7.       This year the LGNZ conference and AGM will be held at the TSB Arena and Shed 6, Wellington from Sunday 7 July to Tuesday 9 July 2019.  The AGM will commence at 1.30pm on the Sunday, with the conference programme commencing at 4.30pm and concluding at 12.30pm on the Tuesday. 

8.       The conference programme has the theme “Riding the localism wave: Putting communities in charge”.  The full programme is appended as Attachment A.

Tātaritanga me ngā tohutohu

Analysis and advice

Who should represent Auckland Council at the Annual General Meeting?

9.       The LGNZ constitution permits the Auckland Council to appoint four delegates to represent it at the AGM, with one of the delegates being appointed as presiding delegate. Voting is required for the election of president and vice-president of LGNZ, and for any remits put to the meeting. 

10.     Auckland Council has a total of 20 votes at the AGM (six votes for the first $100,000 of its subscription, plus an additional vote for every $20,000 in excess of $100,000.  Auckland Council’s subscription for 2018/2019 is $324,264 + GST).

11.     Proposed remits will be circulated beforehand and staff will provide advice to the chosen delegates on how to vote on them.  Staff recommend that the Governing Body agrees that when exercising the Auckland Council’s vote at the AGM, the delegates have the discretion to determine the Auckland Council’s position on any matter on which the Auckland Council’s position is not otherwise known.


 

 

12.     Elected members who hold LGNZ roles are:

Member

Role held

Mayor Phil Goff

Metro Sector representative on the National Council

Councillor Penny Hulse

Chair of Zone One and Zone One representative on National Council, Member Conference Committee

Deputy Mayor Bill Cashmore

Auckland Council representative on Regional Sector

Councillor Wayne Walker

Auckland Council representative on Zone One

Councillor Alf Filipaina

LGNZ Te Maruata Roopu Whakahaere

Councillor Richard Hills

Member Policy Advisory Group

Waitemata Local Board Chair, Pippa Coom

Representative on National Council

Kaipatiki Local Board Deputy Chair, Danielle Grant

Member Governance and Strategy Advisory Group

13.     In the past the four AGM delegates have been the Mayor, the Chief Executive and two Governing Body members who hold LGNZ roles. Delegates in 2018 were:

·   Mayor Phil Goff, presiding delegate

·   Deputy Mayor Bill Cashmore

·   Councillor Penny Hulse

·   Local board chair Pippa Coom.

14.     Local board members can attend the AGM as observers provided their names are included on the AGM registration form, which will be signed by the mayor. This process has been made clear to local boards.

15.     Auckland Council is entitled to four delegates at the AGM. Staff recommend that Mayor Phil Goff be the presiding delegate and the other three delegates be comprised of either:

a)      two members of the Governing Body who hold a formal representation role with LGNZ and the chief executive; or

b)      one member of the Governing Body who holds a formal representation role with LGNZ, the Chief executive and a local board member; or

c)      two members of the Governing Body who hold a formal representation role with LGNZ and a local board member.

Remits

16.     LGNZ is inviting member authorities to submit remits for consideration at the AGM on Sunday 7 July 2019. Remit proposals need to be submitted to LGNZ by Monday 13 May 2019.  

17.     Proposed remits should address only major strategic “issues of the moment”. They should have a national focus, articulating a major interest or concern at the national political level.  They should relate to big policy issues that, as a council, we have not been able to progress with central government through other means.  Remits should have the support of at least one zone or sector group.

 

 

 

18.     The General Manager Democracy Services advised all elected members of the remit process by memorandum on 11 March 2019, inviting proposals by 3 April 2019.  This is contained in Attachment B.  Subsequently local board chairs asked to review any remits submitted by local board members before they are considered by the Review Group. The updated process is as follows:

Step

Date

Elected members prepare proposal remits by Auckland Council

By Wed 3 April 2019

Local board chairs forum considers remits proposed by local board members

Mon 8 April 2019

Working Group (Mayor, Deputy Mayor, Cr Penny Hulse, Waitemātā Local Board Chair Pippa Coom and Chief Executive Stephen Town) selects Auckland Council remits to put forward for support at the regional group meeting

Wed 10 April 2019

Deputy Mayor presents Auckland Council remits at LGNZ Regional group meeting and seeks support

Mon 3 May 2019

Auckland Council remits submitted to LGNZ

By Mon 13 May 2019

Accepted remits posted by LGNZ

Fri 7 June 2019

AGM business papers distributed by LGNZ

Fri 21 June 2019

Remit guidance memo on proposed remits finalised

TBC w/c 24 June or 1 July 2019

Remit briefing for AGM representatives

TBC w/c 24 June or 1 July 2019

AGM

Sun 7 July 2019

 

Proposed LGNZ constitutional changes

19.     LGNZ will propose constitutional changes at the AGM.  These changes are in response to previous requests from Auckland Council.  Prior to the formation of Auckland Council, the Auckland region comprised one regional council and seven territorial local authorities.  Each of these entities, being separate councils, had the potential to be represented on the National Council of LGNZ and the networking opportunities through all being members of Zone One was beneficial.

20.     In the current Auckland Council, there is already good networking between local boards and between local boards and the governing body.  The networking opportunities previously provided through Zone One are not as relevant as they were. The LGNZ constitution does not fully recognise local boards.

21.     The proposed constitutional changes recognise these issues.  Auckland Council will no longer be a member of Zone One, but Auckland Council elected members will continue to be welcome to attend Zone One meetings.  The council’s membership of sector groups will not be affected. Auckland Council will have three seats on the National Council as of right, providing for the Auckland mayor, a governing body member and a local board member.

Attendance at the conference

22.     Staff recommend that Mayor Phil Goff and the other Governing Body member(s) chosen to be the delegates to the AGM be approved to attend the conference, and that other councillors be chosen to attend so that up to five Governing Body members attend the conference.

23.     Staff are recommending to local boards that they approve one member each to attend the conference (a total of 21 local board members).

24.     This means that a maximum of 26 Auckland Council elected members would attend the conference.

25.     Last year Governing Body attendees were:

·   Mayor Phil Goff

·   Deputy Mayor Bill Cashmore

·   Councillor Alf Filipaina

·   Councillor Richard Hills

·   Councillor Penny Hulse

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26.     LGNZ, or the New Zealand Local Government Association, is an incorporated body comprising members who are the New Zealand councils.  Council-controlled organisations  (CCOs) are not eligible for separate membership.

27.     However, remits can cover activities of CCOs, and this year a remit concerning Auckland Transport is being considered.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

28.     A report is being presented to local boards inviting each of them to approve one member to attend the conference and informing them of their ability to attend the AGM if they register.

Tauākī whakaaweawe Māori

Māori impact statement

29.     The LGNZ National Council has a sub-committee, Te Maruata Roopu Whakahaere, whose role is to promote increased representation of Māori as elected members of local government, and to enhance Māori participation in local government processes.  It also supports councils in building relationships with iwi, hapu and Māori groups.  Te Maruata Roopu Whakahaere provides Māori input on development of future policies or legislation relating to local government. Councillor Alf Filipaina is a member of the sub-committee.  Te Maruata Roopu Whakahaere will hold a hui on 6 July 2019.

Ngā ritenga ā-pūtea

Financial implications

30.     The normal registration rate is $1,410 (early bird) or $1,510 (standard) per attendee for the entire conference.  Early bird registration closes on Friday 24 May 2019.

31.     There is a registration rate of $720 per attendee for a Sunday or Monday attendance only.

32.     Attendance costs are met from the elected members’ development budget attached to the Kura Kawana Programme.

33.     The costs associated with conference attendance, travel and accommodation can be met within existing governance budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34.     We recommend that Mayor Phil Goff, in the event he cannot attend the AGM at short notice, be given the ability to appoint another Governing Body member to the role of presiding delegate.  Moreover, in case an appointed councillor cannot attend the conference at short notice, we recommend that the mayor be able to nominate another councillor so the conference fee is not lost.

Ngā koringa ā-muri

Next steps

35.     Once the Governing Body has approved attendance, staff will arrange registration for members.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Conference Programme

435

b

Memo to elected members on the remit process

443

     

Ngā kaihaina

Signatories

Authors

Sarndra O'Toole - Team Leader Governance Advisors

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

28 March 2019

 

 

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28 March 2019

 

 

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Governing Body

28 March 2019

 

 

Summary of Governing Body information memorandum and briefings - 28 March 2019

File No.: CP2019/01605

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the progress on the forward work programme appended in Attachment A.

Whakarāpopototanga matua

Executive summary

2.       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.

3.       The following workshops/briefings have taken place:

·    7/3/19 - Regional Policy Development Workshop

·    14/3/19 - Code of Conduct Workshop

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

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

at the top left of the page, select meeting/Te hui “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’.

5.       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 – 28 February 2019.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

449

b

Regional Policy Development Workshop Minutes and PowerPoint presentation (Under Separate Cover)

 

c

Code of Conduct Workshop Minutes and PowerPoint presentation (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

28 March 2019

 

 

 

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

FY19/20

Jan-Mar

28 Feb

28 Mar

Apr-Jun

2 May

30 May

27 Jun

Jul-Sep

25 Jul

22 Aug

26 Sep

Oct-Dec

 

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

 

Progress to Date:

Public Consultation 13/12/18 GB/2018/205

Adoption of consultation material 13/2/19 GB/2019/2 & GB/2019/3

 

Q3

(Feb)

Q4

(Jun)

Q1

Q2

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

Workshop – 6/12/18

Report and decision on additinal funding 6/12/18 GB/2018/199

 

Q3

Q4

Q1

Q2

 

Chief Executive’s Performance Objectives

The Appointments, Performance Review and Value for Money Committee has the delegation to set performance objectives.

The Governing Body must then consider the recommendations and make a decision.

Approve performance objectives.

 

Progress to Date:

Recommendations considered 22/11/18 in confidential, open decision GB/2018/193

 

Q3

Q4

Q1

Q2

 

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

 

 

Q3

Q4

Q1

Q2

Chief Financial Office

Annual Report

Statutory requirement

 

Adopt Annual Report

 

 

 

Q3

Q4

Q1

Q2

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 – 15/3/18

Workshop – 26/11/18

Report 13/12/18 and deferral GB/2018/209

 

 

Q3

Q4

Q1

Q2

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

Amend to add Cr Paul Young to Committee’s 22/11/18 GB/2018/190

 

Q3

Q4

Q1

Q2

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

Q3

Q4

Q1

Q2

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

 

Q3

Q4

Q1

Q2

Co-governance

Tūpuna Maunga o Tāmaki Makaurau Operations Plan

Section 60 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority) and Auckland Council to annually agree an operational plan as part of the annual or long-term plan process.

This requires the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan).

The Governing Body is also required to adopt the final plan.

Adopt Operational Plan and summary

 

Progress to Date:

Report to approve draft 13/12/18 GB/2018/204

 

Q3

Q4

Q1

Q2

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

December 2018 report received GB/2018/203

February 2019 report received GB/2019/15

 

Q3

Mar

Q4

Jun

Q1

Q2

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.

Q3

Q4

Q1

Q2

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.

 

Progress to Date:

Report to Approve the statement of proposal 28/2/19 GB/2019/15

Within current baselines.

Q3

Q4

Q1

Q2

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.

Q3

Q4

Q1

Q2

Social Policy and Bylaws

Trade 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.

Q3

Q4

Q1

Q2

Social Policy and Bylaws

Signage 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.

Q3

Q4

Q1

Q2

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.

Q3

Q4

Q1

Q2

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

 

Progress to Date:

Approve the statement of proposal 22/11/18 GB/2018/188

 

Review is within current baselines.

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

Q3

Q4

Q1

Q2

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

 

 

Q3

Q4

Q1

Q2

Governance

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

February 2019 report 28/2/19 GB/2019/9

 

 

Q3

Q4

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

 

Q3

Q4

Q1

Q2

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.

Q3

Q4

Q1

Q2

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

28 Mar

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

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

rogress 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

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

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 – 15/10/18

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

Stakeholder Submissions Workshop – 23/11/18

Feedback Session – 28/11/18

Workshops – 29/11/18 and 6/12/18

Report on feedback and adoption 13/12/18 GB/2018/206

Q1

Q2

(13 Dec)

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

Hearings Panel Report and confirm the bylaw 22/11/18 GB/2018/187

 

Q1

Q2

Q3

Q4

 

 

    

  


Governing Body

28 March 2019

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 7.1      Attachment a    Letter to council's Chief Executive dated 7 December 2018                                             Page 461

Item 7.1      Attachment b    Response from Director, Regulatory Services (Acting) dated 17 January 2019                    Page 465


Governing Body

28 March 2019

 

 


 


 


 


Governing Body

28 March 2019

 

 


 


 

 



[1]           Councillor Linda Cooper (Chair), Councillor Cathy Casey, Councillor Daniel Newman and Independent Māori Statutory Board Member Renata Blair.