Upper Harbour Local Board

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Upper Harbour Local Board held in the Upper Harbour Local Board Office, 30 Kell Drive, Albany on Thursday, 18 April 2019 at 9.31am

 

present

 

Chairperson

Margaret Miles, QSM, JP

 

Members

Uzra Casuri Balouch, JP

Until 10.40am [Item 14]

 

Nicholas Mayne

Until 10.31am [Item 14]

 

John McLean

 

 

Brian Neeson, JP

 

 

ABSENT

 

 

Deputy Chairperson Lisa Whyte

 

 

 

 


Upper Harbour Local Board

18 April 2019

 

 

 

1          Welcome

 

The Chairperson opened the meeting and welcomed those present.

 

 

2          Apologies

  

Resolution number UH/2019/28

MOVED by Chairperson M Miles, seconded by Member N Mayne:  

That the Upper Harbour Local Board:

a)         accept the apology from Deputy Chairperson L Whyte for absence.

CARRIED

 

 

3          Declaration of Interest

 

There were no declarations of interest.

 

 

4          Confirmation of Minutes

 

Resolution number UH/2019/29

MOVED by Chairperson M Miles, seconded by Member U Casuri Balouch:  

That the Upper Harbour Local Board:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 21 March 2019, as a true and correct record.

CARRIED

 

5          Leave of Absence

 

There were no leaves of absence.

 

 

6          Acknowledgements

 

6.1

Dean Martin bereavement

 

Resolution number UH/2019/30

MOVED by Chairperson M Miles, seconded by Member U Casuri Balouch:  

That the Upper Harbour Local Board:

a)       acknowledge the sudden recent passing of Dean Martin, Principal Advisor Māori Relations and Governance – Te Waka Anga Mua ki Uta, and recognise his role in establishing and delivering a relationship agreement between the local board and mana whenua of Ngati Manuhiri.

b)       extend condolences to Dean’s family and friends at this very difficult time.

CARRIED

 

 

 

6.2

Paul Herbert bereavement

 

Resolution number UH/2019/31

MOVED by Chairperson M Miles, seconded by Member U Casuri Balouch:  

That the Upper Harbour Local Board:

a)       acknowledge the recent passing of Paul Herbert who, along with his wife, Annette Mitchell, has been instrumental in organising and driving the vision of the Whenuapai Restoration Group and who was also a founding member and inaugural Chairperson of the group.

b)       extend condolences to Paul’s wife and his family and friends at this very difficult time.

CARRIED

 

 

7          Petitions

 

There were no petitions.

 

 

8          Deputations

 

There were no deputations.

 

 

9          Public Forum

 

There was no public forum.

 

 

10        Extraordinary Business

 

There was no extraordinary business.

 

 

11

Minutes of the Upper Harbour Local Board meeting held Thursday, 21 March 2019

 

Note:       that the open unconfirmed minutes of the Upper Harbour Local Board meeting held on Thursday, 21 March 2019, are attached at item 11 of the agenda for the information of the board only and were confirmed under item 4 of the agenda.

 

 

12

Disposal recommendations report - 131 (part) Clark Road, Hobsonville

 

The Senior Advisor Portfolio Review, Panuku Development Auckland, was in attendance to support the item.

 

Resolution number UH/2019/32

MOVED by Chairperson M Miles, seconded by Member N Mayne:  

That the Upper Harbour Local Board:

a)      endorse Panuku Development Auckland’s recommendation to the Finance and Performance Committee to dispose of part of 131 Clark Road, Hobsonville, comprising approximately 5,500m2 (subject to survey) for commercial and housing outcomes in accordance with the Scott Point Precinct Plan 3.

b)      request that, in the event the Finance and Performance Committee so decides at its meeting on 18 June 2019 to dispose of the property, that the proceeds from the disposal of part of 131 Clark Road, Hobsonville, be ring-fenced to put towards the future cost of the Scott Point Sustainable Sports Park.

CARRIED

 

 

13

Auckland Transport monthly report - April 2019

 

The Elected Member Relationship Manager, Auckland Transport, was in attendance to support the item.

 

Resolution number UH/2019/33

MOVED by Chairperson M Miles, seconded by Member U Casuri Balouch:  

That the Upper Harbour Local Board:

a)      receive the monthly update report from Auckland Transport for March 2019.

b)      allocate funding to the following Local Board Transport Capital Fund projects and request that Auckland Transport develop them to detailed design and provide firm estimates of the costs:

i.        634 Kingsway Road, Herald Island – rough order of cost estimated at $34,000

ii.       Albany Highway / Upper Harbour Drive junction initial scheme design and cost analysis for various options – rough order of cost estimated at $60,000

iii.      Kyle Road footpath, Kyle Road section – rough order of cost estimated at $412,000

iv.      Kyle Road footpath, Schnapper Road section – rough order of cost estimated at $132,000.

c)      request a workshop with relevant Auckland Transport and relevant staff from Parks, Sport and Recreation regarding parking issues at Hooton Reserve with the intent of identifying and progressing solutions as soon as possible.

CARRIED

 

Note:       Under Standing Order 1.9.7, Member N Mayne requested that his dissenting vote to resolution b) ii. and b) iii. be recorded.

 

Note:      Item 17 – Department of Conservation proposal to revoke Reserves Act 1977 delegations, was considered prior to Item 14 – Road name approval: New road at 61-117 Clark Road, Hobsonville.

 

17

Department of Conservation proposal to revoke Reserves Act 1977 delegations

 

The Relationship Manager, Local Board Services, was in attendance to support the item.

A copy of the ‘Draft submission on the revocation of certain delegations to Territorial Authorities under the Reserves Act 1977’ was provided. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

MOVED by Chairperson M Miles, seconded by Member J McLean:  

That the Upper Harbour Local Board:

a)          receive the draft Auckland Council submission to the Department of Conservation (DOC) proposal on the revocation of certain delegations to territorial authorities under the Reserves Act 1977, noting that the Environment and Community Committee will be retrospectively endorsing council’s submission at its May 2019 business meeting.

b)          support council’s draft submission on the Department of Conservation (DOC) proposal, and specifically support the following aspects which have been included in the submission:

              i.           that the DOC proposal lacks a clear identification of the problems created by territorial authorities in exercising dual delegations under the Reserves Act 1977, and the local board supports the view that revocation of these delegations will likely undermine local decision-making and community outcomes

            ii.           that revocation of Ministerial delegations will likely add additional costs and significant delay to all Reserves Act processes, which could severely impact council’s ability to be responsive to communities and the changing needs of residents, which could lead to a decline in resident trust and confidence in both local and central government

           iii.           that DOC is seeking to take action in response to the Opua Coastal Preservation Inc v Far North District Council (2018) decision, yet the court did not reach a conclusion on the lawfulness of the dual decision-making process as part of its ruling, noting that the Opua decision has been appealed to the Supreme Court which could make any changes to Ministerial delegations premature

           iv.           that revocation of Ministerial delegations would undermine the primary outcomes sought from improved delegation under the Reserves Act 1977, in that it would be a backwards step to unwind decision-making at the local level and will serve to disempower local communities, thereby creating a risk that the proposed changes will reduce council’s ability to deliver a range of health, well-being and social outcomes as identified in the Auckland Plan and local board plans

            v.           that the DOC proposal is silent on how the department intends to resource the significant volume of work required to process decisions in relation to reserve management plans, reserve classification, land exchanges, easements and leases / licences, and expresses concern that these issues will be exacerbated in Auckland due to the rate of growth and the high number of infrastructure projects that require management under the Reserves Act 1977, particularly given that the Auckland region is home to over 4000 parks and reserves comprised of over 18,000 parcels of land.

c)      note that there is a proven record of successful decision-making with regard to Auckland Council reserves that includes liaison with local communities, so therefore the board believes there is no justification to change the current Ministerial delegation to local authorities under the Reserves Act 1977.

A division was called for, voting on which was as follows:

For

Member J McLean

Chairperson M Miles

Member B Neeson

Against

Member N Mayne

Abstained

Member U Casuri Balouch

 

The motion was declared carried by 3 votes to 1.

CARRIED

 

Attachments

a     18 April 2019 Upper Harbour Local Board: Item 17 - Draft submission on the revocation of certain delegations to Territorial Authorities under the Reserves Act 1977

Note:      The meeting was adjourned at 10.30am and reconvened at 10.58am.

              Members N Mayne and U C Balouch were not present.

 

14

Road name approval: New road at 61-117 Clark Road, Hobsonville

 

Member N Mayne left the meeting at 10.31am

Member U Casuri Balouch left the meeting at 10.40am

 

Resolution number UH/2019/34

MOVED by Member J McLean, seconded by Member B Neeson:  

That the Upper Harbour Local Board:

a)      approve the name ‘Genevieve Lane’ for the new private road created by way of a subdivision at 61-117 Clark Road, Hobsonville (superlot BB14).

CARRIED

 

 

15

Upper Harbour Quick Response round two 2018/2019 grant applications

 

Resolution number UH/2019/35

MOVED by Chairperson M Miles, seconded by Member B Neeson:  

That the Upper Harbour Local Board:

a)      agree to fund, part-fund or decline each application in round two of the Upper Harbour Quick Response Grants 2018/2019 listed in the following table:   

Application ID

Organisation

Main focus

Requesting funding for

Amount requested

Amount granted

QR1917-201

The Upside Downs Education Trust

Community

Towards operational and speech and language therapy service costs for two children with Down Syndrome

$1100

0

Not a high priority at this time

QR1917-206

Bays Youth Community Trust

Community

Towards the marketing costs to promote Bays Youth Community Trust between May and October 2019

$2500

$1500

QR1917-208

The Parenting Place Charitable Trust

Community

Towards coordinators and coaching costs to assist with running the four to seven-year olds’ movement and sports skills development programme between May 2019 and August 2019

$2000

$1000

QR1917-214

ATC 30 Squadron Support Committee

Community

Towards travel costs for the weekend activities between August 2019 and January 2020

$2000

$1500

QR1917-209

The Urban Eco-living Charitable Trust

Environment

Towards costs of engaging qualified teachers to deliver the Tread Lightly Caravan programme to Upper Harbour Primary School

$865

$865

QR1917-205

Windsor Park Community and Multisport Hub Incorporated

Sport and recreation

Towards the salary of a project manager at Windsor Park Community and Multisport Hub

$2000

$2000

QR1917-204

Salle Jean Louis Incorporated

Sport and recreation

Towards the venue hire and fencing equipment to maintain operation of the fencing club

$5000

$1000

QR1917-210

East Coast Bays and Districts Cricket Club Incorporated

Sport and recreation

Towards the club treasurer's wages between May and September 2019

$2000

$1500

QR1917-211

North Harbour Hockey Association

Sport and recreation

Towards costs of 55 presentations for participating students at four local high schools

$2000

$2000

Total

 

 

 

$19,465

 $11,365

b)      approve the redirection of $3470 in unspent funds originally allocated towards the drainage work of Rosedale Park Sports Charitable Trust (application number LG1917-111, resolution number UH/2018/129) to be allocated for the development of the club’s fire safety report (refer to Attachments C to G to the agenda report).

CARRIED

 

Member B Neeson left the meeting at 11.14am

The quorum was lost.

11.14am     Pursuant to Standing Order 3.1.6, the business of the meeting was suspended due to lack of quorum. Informal discussion took place.

Member B Neeson returned to the meeting at 11.17am

The chairperson reconvened the meeting.


 

16

Auckland Council Policy on Dogs and Dog Management Bylaw Statement of Proposal resolution from Governing Body

 

The following additional documents were provided:

·         the board’s previous resolution number UH/2015/54 from May 2015

·         open letter to His Worship the Mayor, signed by all local board chairpersons, dated 8 April 2019

·         email from Michael Sinclair to all local board members re Auckland Council Policy on Dogs and Dog Management Bylaw Hearings Panel.

Copies have been placed on the official minutes and are available on the Auckland Council website as a minutes attachment.

 

Resolution number UH/2019/36

MOVED by Member B Neeson, seconded by Member J McLean:  

That the Upper Harbour Local Board:

a)      receive the 28 February 2019 Governing Body resolution on the Auckland Council Policy on Dogs and Dog Management Bylaw Statement of Proposal.

b)      receive the open letter to His Worship the Mayor signed by all local board chairpersons, dated 8 April 2019, regarding concerns about the reduction in subsidiarity in the local board shared governance role within Auckland Council.

c)      receive the email from the Policy Manager, Community and Social Policy dated 16 April 2019 regarding an amended timeline and process in support of the Auckland Council Policy on Dogs and Dog Management Bylaw.

d)      delegate the Chairperson to attend the Hearings Panel on 21 June 2019, in the event there are submissions received from Upper Harbour residents.

e)      note the board’s previously adopted options in relation to the dog access rules review as set out in resolution number UH/2015/54 (refer to the tabled copy of the resolution attached to the minutes).

f)       request that any submissions on the Auckland Council Policy on Dogs and Dog Management Bylaw Statement of Proposal from Upper Harbour residents be circulated to board members for their information for feedback to the Chairperson prior to attendance at the Hearings Panel on 21 June 2019.

CARRIED

 

Attachments

a     18 April 2019 Upper Harbour Local Board: Item 16 Auckland Council Policy on Dogs and Dog Management Bylaw Statement of Proposal - resolution from Governing Body - copy of resolution UH/2015/54

b     18 April 2019 Upper Harbour Local Board: Item 16 Auckland Council Policy on Dogs and Dog Management Bylaw Statement of Proposal - open letter to Mayor from all local board chairpersons

c    18 April 2019 Upper Harbour Local Board: Item 16 Auckland Council Policy on Dogs and Dog Management Bylaw Statement of Proposal - email from Michael Sinclair, Policy Manager Community and Social Policy, to all local board members

 


 

18

Local board decisions and input into the Annual Budget 2019/2020 and the proposed amendment to the 10-year Budget 2018-2028

 

Resolution number UH/2019/37

MOVED by Chairperson M Miles, seconded by Member B Neeson:  

That the Upper Harbour Local Board:

a)      receive consultation feedback on the Upper Harbour Local Board priorities for 2019/2020.

b)      approve the following advocacy initiatives for inclusion to its 2019/2020 Local Board Agreement:

i.      transport – congestion and growth

ii.    parks – maintenance and facilities provided

iii.   council facilities and service provision in areas facing growth.

c)      receive consultation feedback on regional proposals in the Annual Budget 2019/2020 and on the proposed amendment to the 10-year Budget 2018-2028 regarding property transfers from people or organisations based in the Upper Harbour Local Board area.

d)      does not feel it has sufficient mandate from the Upper Harbour community to provide views due to the low number of submissions received from residents on regional proposals.

CARRIED

 

 

19

Governance forward work calendar - May 2019 to April 2020

 

Resolution number UH/2019/38

MOVED by Chairperson M Miles, seconded by Member J McLean:  

That the Upper Harbour Local Board:

a)      receive the Upper Harbour Local Board governance forward work calendar for the period May 2019 to April 2020, as set out in Attachment A to this agenda report.

CARRIED

 

 

20

Record of the Upper Harbour Local Board workshops held on Thursday 14 and 28 March, and 4 April 2019

 

Resolution number UH/2019/39

MOVED by Member J McLean, seconded by Member B Neeson:  

That the Upper Harbour Local Board:

a)      receive the record of the Upper Harbour Local Board workshops held on Thursday 14 and 28 March, and 4 April 2019 (refer to Attachments A, B, and C to the agenda report).

CARRIED

 


 

 

21

Board members' reports - April 2019

 

Resolution number UH/2019/40

MOVED by Member J McLean, seconded by Member B Neeson:  

That the Upper Harbour Local Board:

a)      receive the attendance record of members as submitted by Deputy Chairperson L Whyte, in response to requests from residents via social media for more transparency on attendance.

CARRIED

 

 

22        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.   

 

 

 

 

11.33am                                             The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Upper Harbour Local Board HELD ON

 

 

 

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

 

 

 

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