I hereby give notice that an ordinary meeting of the Hibiscus and Bays Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 17 April 2019

4.30pm

Council Chamber
Orewa Service Centre
50 Centreway Road
Orewa

 

Hibiscus and Bays Local Board

 

OPEN ADDENDUM AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Julia Parfitt, JP

 

Deputy Chairperson

Janet Fitzgerald, JP

 

Members

Chris Bettany

 

 

David Cooper

 

 

Gary Holmes

 

 

Caitlin Watson

 

 

Vicki Watson

 

 

Mike Williamson

 

 

(Quorum 4 members)

 

 

 

Vivienne Sullivan

Local Board Democracy Advisor

 

10 April 2019

 

Contact Telephone: (09) 427 3317

Email: vivienne.sullivan@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 

 


Hibiscus and Bays Local Board

17 April 2019

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

    

23        Department of Conservation Proposal to Revoke Reserves Act 1977 Delegations    5 

 

      


Hibiscus and Bays Local Board

17 April 2019

 

 

Department of Conservation Proposal to Revoke Reserves Act 1977 Delegations

File No.: CP2019/05584

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Hibiscus and Bays Local Board with an opportunity to formally resolve its feedback to the proposal by the Department of Conservation to revoke powers delegated to territorial authorities by the Minister of Conservation under the Reserves Act 1977.

Whakarāpopototanga matua

Executive summary

2.       The Department of Conservation has written to all territorial authorities (refer Attachment A to the agenda report) advising that due to a recent Court of Appeal decision (Opua Coastal Preservation Inc v Far North District Council [2018] NZCA 262) that the current Minister of Conservation, Hon Eugenie Sage, is considering revoking powers delegated to territorial authorities by the former Minister, Hon Dr Nick Smith in 2013 (refer Attachment B to the agenda report). 

3.       The reason provided for the majority of the proposed revocation is that under the current delegation, council makes its decision as the territorial authority and then reviews that decision under ministerial delegation. This is viewed as potentially putting council in a conflict of interest situation, as it is effectively reviewing its own decision(s).

4.       This proposal has been reviewed by staff and a short assessment presentation has been prepared (refer Attachment C to the agenda report). A briefing was provided for local board members on Monday 8 April 2019 on the proposal. A draft submission will be prepared for feedback and circulated based on feedback and input from council departments and local boards. This draft will be circulated to members of the Environment and Community Committee and local board members for review and comment on 15 April 2019. This draft submission was not available at time of agenda production and will be tabled at the board meeting. The preparation of the draft will be followed by two drop-in sessions for elected members to provide in-person feedback.

5.       A final draft submission will be prepared for the Chairperson of the Environment and Community Committee approval prior to the due date of 26 April 2019. This draft response will need to be retrospectively adopted by the Environment and Community Committee on 14 May 2019.

6.       Local board feedback must be prepared by close of business on 18 April 2019. This will allow the feedback to inform Auckland Council’s submission and to be attached to the Auckland Council submission, which will be lodged on behalf of the Environment and Community Committee.

 

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      provide its feedback on the Department of Conservation proposal to revoke current ministerial delegations to Auckland Council under the Reserves Act 1977.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Letter and attachment from Department of Conservation to Chief Executive's territorial authorities

7

b

Reserves Act powers delegated to Auckland Council

9

c

Department of Conservation proposal to revoke Reserves Act delegations presentation to Elected Members

17

      

Ngā kaihaina

Signatories

Author

Jonathan  Hope - Local Board Advisor - Rodney

Authoriser

Lesley Jenkins - Relationship Manager

 


Hibiscus and Bays Local Board

17 April 2019

 

 


 


Hibiscus and Bays Local Board

17 April 2019

 

 


 


 


 


 


 


 


Hibiscus and Bays Local Board

17 April 2019