Agenda of Devonport-Takapuna Local Board

Portfolio	Responsibilities	Primary	Associate
Governance	Board leadership Board-to-Council and Board to Board relationships Board to CCO relationships (strategic governance matters) Civic duties Advocacy (local, regional and central government) Community partnerships Relationships with Maoridom Relationships with youth Relationships with government Unitary Plan Policy and planning: - local board plan - local board agreement - local area plan	Chairperson	Deputy Chairperson
Economic development	Key relationships with ATEED Business Improvement Districts Establish and promote local priorities in relation to economic development and tourism Town centre renewal, design and maintenance Town centre marketing and community safety	Member Bergin	Member Hale (with lead responsibilities for events)
Community development and resilience	Community development Neighbourhood relationships Community advocacy Community safety (excluding town centres) Graffiti removal Relationships with Civil Defence Emergency Management Group Community preparedness disaster response relief and recovery Artistic and cultural service levels Promoting artistic endeavour	Member Roe	Member O’Connor
Parks and natural environment	Neighbourhood parks and reserves (including esplanade reserves and the coastline) Design and maintenance Plantings, playgrounds, tracks, bollards, walkways and green cycleways Local priorities in relation to regional environmental management Coastal management including mangrove encroachment and erosion mitigation Restoration of wetlands, streams and waterways Natural heritage Events	Member Gillon	Member Cohen Member Roe (particular involvement in walking, cycling, walkways, cycleways and greenways only)
Transport and infrastructure	Transport projects and policy matters (e.g. roading, footpaths, public transport) Infrastructure projects and policy matters (e.g. water, stormwater)	Member O’Connor	Member Hale
Regulatory	Oversight of regulatory activities including: - bylaws - consent processes (including input in to decisions on notifications for resource consent applications) - licensing and compliance Liquor licensing and enforcement Heritage issues	Member Hale	Member Gillon
Recreational and community facilities	Stewardship of recreation centres and community facilities Libraries (including events and services relating to libraries and recreation centres) Local arts facilities and amenities	Member O’Connor	Member Hale

Note: these allocations and responsibilities will be reviewed in May 2015 prior to the changeover of the chairperson.

Devonport-Takapuna Local Board

17 December 2013

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

6.1 2013 Massey University Harbour Sport Excellence Awards 5

7 Petitions 5

8 Deputations 5

9 Public Forum 6

10 Extraordinary Business 6

11 Notices of Motion 6

12 Takapuna Beach Reserve - Approval of process and timeframes for the development of a concept plan 7

13 Local Event Support Fund - Round 2 2013/2014 17

14 Devonport-Takapuna Area Plan Programme 33

15 Developing the 2014 Local Board Plan 39

16 Appointments to Outside Organisations 45

17 Northern Joint Funding Committee 59

18 Urgent Decision Process for the Devonport-Takapuna Local Board 67

19 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987 69

20 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987 73

21 Reports Received for Information - November/December 2013 77

22 Record of Briefing/Community Forum - 26 November 2013 and
3 December 2013 79

23 Ward Councillors Update 107

24 Board Members' reports 109

25 Summary of Actions and Reports Requested/Pending - November 2013 117

26 Consideration of Extraordinary Items

PUBLIC EXCLUDED

27 Procedural Motion to Exclude the Public 123

19 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987

a. 41 Everslejgh Road 123

b. 1/2 Sinclair Street 123

20 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987

a. 1/328 East Coast Road 123

b. 1/7 Morrison Avenue 123

1 Welcome

2 Apologies

An apology for absence has been received from Member Allison Roe.

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 Devonport-Takapuna Local Board:

a) confirm the minutes of its extraordinary meeting, held on Tuesday, 10 December 2013, as a true and correct record.

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

6.1 2013 Massey University Harbour Sport Excellence Awards

Executive Summary

1. Devonport-Takapuna Local Board would like to acknowledge the following residents of the Devonport-Takapuna Local Board area, recipients of the 2013 Massey University Harbour Sport Excellence Awards:

· Lisa Carrington - North Shore Times Sportswoman of the Year (Sprint Kayaking)

· Jacko Gill - Upper Harbour Local Board Junior Sportsman of the Year (Athletics)

· Nathan Handley - Giesen Wines Coach of the Year (Sailing)

Recommendation/s

That the Devonport-Takapuna Local Board:

a) acknowledges and congratulates Lisa Carrington, Jacko Gill and Nathan Handley, on their receipt of the 2013 Massey University Harbour Sport Excellence Awards.

7 Petitions

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

8 Deputations

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

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

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

10 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.”

11 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Devonport-Takapuna Local Board

17 December 2013

Takapuna Beach Reserve - Approval of process and timeframes for the development of a concept plan

File No.: CP2013/28548

Purpose

1. To provide advice the Devonport-Takapuna Local Board on the process and timeframes for the development of a concept plan for Takapuna Beach Reserve and to seek its approval to commence work.

Executive Summary

2. The Devonport-Takapuna Local Board requested the development of a concept plan for Takapuna Beach Reserve, as part of the adoption of the reserve management plan in 2013.

3. This report sets out the proposed process and timeframes for the development of the concept plan and seeks approval from local board to commence work.

4. It is anticipated that the development of the concept plan will be from December 2013 to August 2014.

5. To ensure delivery of the project within the proposed timeframes staff recommend that a political working party, consisting of three local board members, be established under delegated authority to make decisions concerning the development of the concept plan.

6. The Asset Development and Business Support Design Team Central (Parks Design Team) will develop the concept plan which includes:

· development of the design brief,

· preparation of two preliminary concept plans for discussion with key stakeholders,

· development of the draft concept plan for public consultation and

· preparation of the final concept plan.

7. Public engagement is proposed to be carried out in two phases:

· Phase 1: Engagement with key stakeholders from December 2013 to June 2014

· Phase 2: Engagement with the wider community from May to June 2014.

8. Staff will assess feedback against the objectives of the reserve management plan and make recommendations on amendments, where appropriate.

9. Operational funding has been allocated in the 2013/14 financial year for this project. Cost estimates indicate that the project can be delivered within budget.

10. Currently there is no funding allocated for the implementation of the concept plan. A quantity survey will be carried out to obtain cost estimates for specific projects.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Approves the process and timeframes for the development of the Takapuna Beach Reserve concept plan as outlined in this report.

b) Establishes a political working party, consisting of three local board members, with delegated authority to approve:

i) the design brief

ii) a draft concept plan to be released for public consultation

iii) changes to the draft concept plan following public consultation; and,

iv) endorse the final concept plan for approval by the local board.

Discussion

Background - Adoption of Reserve Management Plan 2013

11. The Devonport-Takapuna Local Board adopted the Takapuna Beach Reserve Management Plan 2013 on 21 May 2013 following the review of the 2001 management plan.

12. The review followed the statutory requirements under the Reserves Act 1977, where a large number of public submissions were received, many of which focused on the issue of the future of the camp ground on the reserve and the location and extent of the proposed National Ocean Water Sports Centre.

13. The main objectives of the 2013 reserve management plan are to:

· Accommodate competing demands for space – for structured and unstructured activities within the reserve

· Enhance visitor experiences

· Protect and enhance the reserve’s natural, cultural and physical values.

14. The plan seeks to deal with the pressure on the available open space by rationalising the reserve into six activity zones.

Activity Zone	Activities proposed as per the management plan
1. Northern Activity Zone	Predominantly for unstructured activities, but will be the most structured and developed part of reserve. Space for marine related activities, motor home accommodation and organised events contemplated.
2. The Promenade gateway	Create a sense of arrival. Resolve conflict between pedestrians and cars.
3. Te Uru Tapu/sacred grove of pohutukawa	No further development other than to complete lookout structure. Maintain health of trees. Potentially install pou.
4. Southern Marine Hub– Takapuna Boating Club	Activities as per the current lease and licences.
5. Central Activity Zone (The Strand)	Focus on unstructured activities, low-key organised events, protection of pohutukawa. Redesign of existing toilet block to minimise visual impact.
6. Stopped roads and small reserves	Revoke legal status of road ends as legal road. Provide minor infrastructure for passive recreation. Protect view shafts.

Proposed process and timeframes for the development of the concept plan

Project Description

15. Pending approval of the process proposed in this report, it is anticipated that the development of the concept plan will commence in December 2013 and be completed in August 2014.

16. The main objectives of this project are to:

· Develop a concept plan based on the objectives of the reserve management plan, within available budget; putting the words of the management plan into pictures.

· Achieve high buy in from stakeholders; by working with stakeholders throughout the process to ensure concerns and aspirations are understood and considered.

17. The development of the concept plan will be managed as a project in accordance with Auckland Council’s project management framework. This includes setting up a project governance group, project steering group and a project team (see Appendix 1).

18. The scope of the project includes:

· Design of the concept plan

· Public engagement

· Quantity survey of the approved concept plan.

19. Out of scope are:

· Consultation about Takapuna Beach Holiday Park. A decision was made not to contemplate the holiday park activity in the 2013 reserve management plan. No provisions will therefore be made for it in the concept plan.

· Classification of road ends and the current site of the Takapuna Beach Café. This will be subject of a separate report to Devonport-Takapuna Local Board.

· Detailed design and physical works of projects identified within the plan. Local and Sports Parks North (LSP North), as the business owner of this project, will lead this work. It should be noted that no budget is currently allocated for this and existing budgets will need to be reprioritised or investment proposals prepared for specific projects.

· Planning and implementation of stormwater renewal works at Takapuna Beach which will be undertaken by council’s storm-water team.

· Formalisation of leases and licences, for current uses, as well as future developments which will be facilitated by council’s community lease team.

· Planning for and implementation of road corridor improvements for The Promenade and The Strand to be lead by Auckland Transport.

20. To enable the delivery of the project within the proposed timeframe staff recommend that a political working party is established, consisting of three local board members, with delegated authority to sign off on key deliverables. The key deliverables are envisaged to be:

· Approval of the design brief

· Approval of the draft concept plan to be released for public consultation

· Approval of recommended changes to the draft concept plan following public consultation

· Endorsement of the final concept plan for approval by the local board.

21. It should be noted that the concept plan is a non-statutory document.

Design of the concept plan

22. The Asset Development and Business Support Design Team Central (parks design team) will develop the concept plan and assist with public engagement. The following design tasks are included in the project:

· Develop design brief

· Produce a maximum of two preliminary concept plans to be reviewed by key stakeholders

· Produce a draft concept plan for public consultation

· Amend draft concept plan following public consultation

· Produce final concept plan after adoption by local board.

Public engagement

23. The project team will engage with internal and external stakeholders and the wider community in two phases:

Phase 1: Engagement with key internal and external stakeholders

· December 2013 to June 2014

· Input into development of design brief and feedback on preliminary concept plans through workshops.

Phase 2: Engagement with wider community

· May to June 2014

· Public open day in early May 2014, feedback on draft concept plan through online and paper feedback forms.

24. Staff will assess feedback against the objectives of the reserve management plan and make recommendations on amendments, where appropriate. The approval of recommendations will be the responsibility of the political working party.

25. The following table summarises key milestones (highlighted in yellow) and timeframes.

Key milestone/approval required	Timeframe	Who is involved in process	Political decision maker
Approval of proposed process, timeframes and costs. Nominate members for political working party	Late Nov 2013	Local board	Local board
Development of design brief	Dec 2013 to mid Jan 2014	Key stakeholders and political working party
Approval of design brief	Mid Jan 2014	Political working party	Political working party
Development of preliminary concept plans and refinement of draft concept plan	Mid Jan to mid Apr 2014	Key stakeholders and political working party
Approval of draft concept for public consultation	Mid Apr 2014	Political working party	Political working party
Public consultation on draft concept	Early to late May 2014	General public, key stakeholders
Approval of recommended changes to draft concept following public consultation	Mid Jun 2014	Political working party	Political working party
Endorsement of final draft concept for LB approval	Early Jul 2014	Political working party	Political working party
Approval of final concept plan	Mid Jul 2014	Local board	Local board
Quantity survey of approved concept	Mid Jul 2014	Quantity surveyor
Concept plan and QS handed over to business owner	Early Aug 2014	Council officers

Financial implications

26. Operational funding has been allocated in the 2013/14 financial year to develop the concept plan for Takapuna Beach Reserve. Cost estimates indicate the project can be achieved within available budget. They include costs for:

· Design work, including sketches and 3D images

· Engagement with stakeholders throughout the project

· Cost for printing materials for stakeholder engagement i.e. posters, flyers, signs

· Public notifications in newspapers.

Consideration

Local Board Views

27. This report seeks approval from the local board on the proposed process and timeframes for the development of the concept plan for Takapuna Beach Reserve requested at the 21 May 2013 Devonport-Takapuna Local Board Meeting.

Maori Impact Statement

28. This project aims to provide opportunities for mana whenua and mataawaka to contribute to the future development of Takapuna Beach Reserve in line with the Maori Responsiveness Framework set out in the Auckland Plan.

29. Iwi with historic and cultural links to Takapuna Beach and waka ama groups were key stakeholders in the development of the reserve management plan. Key management issues that are relevant to tangata whenua were identified during the development of the reserve management plan, which include:

a) Protection and acknowledgement of Māori values

b) Working collaboratively with mana whenua representatives on issues of significance to them.

30. The reserve management plan also identifies ways in which iwi and waka ama groups will be involved in the future:

· Provision for tauranga waka and waka ama storage facilities in the reserve and their design

· Design of pou beneath Te Uru Tapu/ sacred grove of Pohutukawa

· Joint creation of interpretation which tells the story of the area, including exploring opportunities to use traditional names.

Implementation Issues

31. There are no implementation issues for the development of the concept plan.

Attachments

No.	Title	Page
a View	Project Governance Structure	13
b View	Process and timeframes flowchart	15

Signatories

Authors

Nicki Malone - Principal Policy Analyst

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Local Event Support Fund - Round 2 2013/2014

File No.: CP2013/27498

Purpose

1. To present a summary of applications received in round two of the local event support fund for 2013/2014 for the Devonport-Takapuna Local Board.

Executive Summary

2. A local events support fund of $234,622, is available to the Devonport-Takapuna Local Board for distribution over two funding rounds in the 2013/2014 financial year. In Round 1 the Devonport-Takapuna Local Board distributed $154,661 from the local event support fund, leaving a balance of $79,961 for disbursement in round two.

3. For round two, 11 applications totalling $128,130 have been received (Attachment A).

Recommendation

That the Devonport-Takapuna Local Board:

a) Agree to fund the Round two, 2013/2014 Local Event Support Fund applications, as follows:

Applicant	Event	Venue	Date	Amount Requested	Amount Recommended
Sanitarium Health and Wellbeing Co.	Sanitarium Weet-Bix Kids Tryathlon	Woodall Park & Narrowneck Beach	6 April 2014	$10,000	$8,000
NZ Filipino STO Nino Devotees Trust	Sinulog Festival	North Shore Events Centre	19 January 2014	$20,000	$5,000
Devonport Peninsula Trust	Winter Fun Preschool Play Series	Bayswater School Hall	29 July – 14 October 2014	$3,830	$3,830
Quantum Events Limited	State Beach Series	Takapuna Beach & Reserve	29 October 2013 18 March 2014	$10,000	$1,500
Quantum Events Limited	King of the Bays	Milford/ Takapuna	12 April 2014	$9,500	$1,500
Bruce Mason Centre	School Holiday Programme 2014	Bruce Mason Centre	April, July, October & December 2014	$30,000	$3,500
Bruce Mason Centre	Morning Melodies 2014	Bruce Mason Centre	February – December 2014	$22,000	$15,000
Older Women’s Network	Ideas of March Festival	Positive Aging Centre, Takapuna	15 March 2014	$1,000	$600
NZ Sculpture On Shore Limited	NZ Sculpture on Shore	Fort Takapuna	6 – 16 November 2014	$15,000	$15,000
Sunnynook Community Centre Inc	Sunnynook Family Fun Day	Sunnynook Park	7 March 2014	$1,800	$1,800
Milford Business Association	The Auckland Symphony Orchestra	Bruce Mason Centre	TBC	$5,000	$5,000
TOTAL				$128,130	$60,730

Discussion

4. The local events support fund provides the opportunity for the Devonport-Takapuna Local Board to work in partnership with local event organisers to develop an events programme that reflects the aspirations of the community and supports the local board plan.

5. The local events support fund has two funding rounds, which close at specified times during the 2013/2014 financial year, as follows:

Round	Applications Close	Assessment	Decision Making
1	31 May 2013	June 2013	July/August 2013
2	31 October 2013	November 2013	December 2013/February 2014

6. Round two of the 2013/2014 local events fund received 11 applications (Attachment A). A summary of these is as follows:

Applicant	Event	Venue	Date	Amount Requested
Sanitarium Health and Wellbeing Co.	Sanitarium Weet-Bix Kids Tryathlon	Woodall Park & Narrowneck Beach	6 April 2014	$10,000
NZ Filipino STO Nino Devotees Trust	Sinulog Festival	North Shore Events Centre	19 January 2014	$20,000
Devonport Peninsula Trust	Winter Fun Preschool Play Series	Bayswater School Hall	29 July – 14 October 2014	$3,830
Quantum Events Limited	State Beach Series	Takapuna Beach & Reserve	29 October 2013 18 March 2014	$10,000
Quantum Events Limited	King of the Bays	Milford/ Takapuna	12 April 2014	$9,500
Bruce Mason Centre	School Holiday Programme 2014	Bruce Mason Centre	April, July, October & December 2014	$30,000
Bruce Mason Centre	Morning Melodies 2014	Bruce Mason Centre	February – December 2014	$22,000
Older Women’s Network	Ideas of March Festival	Positive Aging Centre, Takapuna	15 March 2014	$1,000
NZ Sculpture On Shore Limited	NZ Sculpture on Shore	Fort Takapuna	6 – 16 November 2014	$15,000
Sunnynook Community Centre Inc	Sunnynook Family Fun Day	Sunnynook Park	7 March 2014	$1,800
Milford Business Association	The Auckland Symphony Orchestra	Bruce Mason Centre	TBC	$5,000
TOTAL				$128,130

7. Local event support funding criteria guidelines for 2013/2014 have been established to assist applicants in understanding the focus of this fund and to guide decision-making. The applications have been assessed in accordance with the local event support fund guidelines.

8. The Devonport-Takapuna Local Board has the opportunity to refer applications to a more appropriate fund or to allocate funding from within its local event fund.

Consideration

9. Local boards are responsible for the decision-making and allocation of local board event funding including the local event support fund. The Devonport-Takapuna Local Board has identified key priorities for the local area within its local board plan, some of which could be achieved through events.

10. The Devonport-Takapuna Local Board seeks to engage with their diverse communities and provide for their social and cultural needs. Supporting local community events, especially youth and water-based events, assists in building a strong sense of community and ensures that each community maintains its own identity.

Local Board Views

11. A local board workshop was held on 26 November 2013 to consider the applications to the local event support fund round two. This report reflects the views of local board members expressed at the workshop.

Maori Impact Statement

12. This fund does not specifically target Maori groups, however Maori communities are likely to benefit from the events supported by the local board, alongside other groups in the community.

General

13. The decisions sought within this report fall within the local board delegations.

14. The decisions sought do not invoke the Auckland Council Significance Policy.

Implementation Issues

15. Once the Devonport-Takapuna Local Board has resolved the funding applications, staff will contact all applicants to notify them of the outcome, and commence contracting and payment.

Attachments

No.	Title	Page
a View	Funding Cover Sheets - R2 2013/2014	21

Signatories

Authors

Barbara Cade - Team Leader Events North/West

Authorisers

Louise Mason - Manager Community Development, Arts and Culture

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Devonport-Takapuna Area Plan Programme

File No.: CP2013/28207

Purpose

1. This report follows a local board briefing discussion on 3 December 2013, and informs the Devonport-Takapuna Local Board (the Local Board) of the role and function of area plans and the proposed approach and programme for the development of the proposed Devonport-Takapuna Area Plan (the Area Plan).

2. The report seeks Local Board support for the process and approach to be taken in developing the Area Plan and the nomination of local board members to the Area Plan Working Party to oversee the preparation of the Area Plan.

Executive Summary

3. Area Plans are the second tier of spatial planning in Auckland Council’s planning framework, between the region-wide Auckland Plan and local plans such as centre plans and structure plans. They are 30-year local spatial plans for the Local Board Area, applying the Auckland Plan at a more local level and reflecting the outcomes and priorities of Local Board Plans.

4. The Area Plan is proposed to be developed over an 8-9 month timeframe from late 2013 to the first quarter of the 2014/15 financial year. The proposed approach is in line with the scope, process and guiding principles for the development of area plans endorsed by the Auckland Plan Committee in December 2011.

5. This methodology includes a six phase approach to area plan development with two phases of organised community engagement. The first phase of engagement would normally work with key stakeholders to identify the issues, opportunities and aspirations for the area, but for this Area Plan it is proposed to also engage with the wider community in tandem with the Local Board Plan initial engagement in February 2014. The second phase of engagement is for community and stakeholder feedback on draft area plan proposals.

6. An area plan working party comprising of nominated local board members and ward councillors, normally chaired by the chair of the local board, is to be set up in order to oversee the development of the area plan and to agree to its content and process. This group will be mandated through a resolution of the Local Board. The decision-making on key products of the draft and final area plan reflects the dual governance aspect. However the final approval on the Area Plan rests with the Auckland Development Committee.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) supports the process and approach proposed for developing the Devonport-Takapuna Area Plan as set out in the report.

b) endorses the nomination of two members to the Area Plan Working Party to oversee the development of the Devonport-Takapuna Area Plan.

Discussion

7. Area spatial planning in the Auckland Council context is the application of spatial planning principles and processes in developing and implementing comprehensive area-wide and local ‘place-based’ plans, programmes and projects.

8. This is achieved through implementing a three tier hierarchy of area spatial plans represented by the adopted Auckland Plan as the ‘first tier’ guiding spatial plan for all of Auckland region for 30 years to 2041. Area plans implement the Auckland Plan at a ‘second tier’ local board area level and also identify where more detailed and localised ‘third tier’ area spatial plans are developed, in the form of centre, neighbourhood, and structure plans.

9. The Auckland Future Vision Committee (latterly known as the Auckland Plan Committee) resolved to develop area plans at a local board scale in December 2011 followed by the adoption of a sequence of area planning to cover the region. The first round of area plans has been completed for the Hibiscus and Bays and the Mangere-Otahuhu local board areas. These were ‘pilots’ that sought to test and strengthen an approach to area plans that had been developed specifically for the new Council, based on previous experience particularly of the former Auckland City Council’s Future Planning Framework.

10. Work has begun on an area plan for the Devonport-Takapuna local board area. This is an 8 to 9 month process which involves engagement with the Local Board, the governing body, key stakeholders and the wider local community to develop 30-year outcomes and spatial plan for the area.

Key features of Area Plans

11. An area plan is a non-statutory spatial planning tool to enable the implementation of the Auckland Plan and its policies, priorities and directions at a more local scale (i.e. local board areas) and reflect the vision and priorities of the local board areas as expressed in Local Board Plans.

The main features and elements of area plans are:

· A non-statutory 30-year planning approach and strategy developed at local board area scale.

· Implementation of the directions and outcomes of the Auckland Plan at a more local area level.

· Consideration and inclusion of outcomes and aspirations of Local Board Plans where these are not inconsistent with the Auckland Plan.

· A spatial strategy to guide the future location, sequencing and prioritisation of local centre and structure’ plan development (e.g. centre plans and structure planning).

· Integration of economic, environmental, social and cultural outcomes at a more local level expressed in both text and map form.

· Consideration and recognition of centres of different sizes, roles and functions and their future form and extent.

· Identification of key transport facilities, routes and services, and projects.

· Local historic heritage, landscape, natural and ecological features and land marks for management and/or protection.

· Important social and cultural facilities and sites of interest and importance.

· A range of other attributes or opportunities for future consideration including aspirations and initiatives of other agencies including Government.

· Sequencing and prioritisation which assists with financial planning.

· Developed through engagement with communities and their local board.

· A long-term spatial vision for area, to guide future local board plan development and inform other planning and strategic intentions of Council, CCOs and other agencies.

Relationship between the Auckland Plan, Unitary Plan and Area Plan

12. The Auckland Plan is the spatial plan for the Auckland region for 30 years to 2041. It was adopted by Council in March 2012 and addresses the four ‘well-beings’ as required under the Local Government (Auckland Amendment) Act 2010. The Auckland Plan’s development strategy is implemented by the Auckland Unitary Plan in terms of land use zoning and provisions guiding development.

13. The Proposed Auckland Unitary Plan (PAUP) was publicly notified in September 2013. It provides the land use framework which the Area Plan will need to recognise as its overall development framework. Whilst the PAUP is subject to the formal submission and hearings process, the Area Plan will not seek to revisit the decisions of the Governing Body on the PAUP.

14. The Area Plan is an opportunity to identify what actions are required to enable key Auckland Plan outcomes and to enhance the liveability of the area (e.g. open space provision/enhancement, transport improvements, regeneration opportunities). There is also an opportunity to identify where future planning is required in response to major projects and particular location-specific opportunities or constraints, such as town centre planning.

15. Although taking its lead and direction from the Auckland Plan and other approved key strategies and plans of the Council and Local Board, notably the Local Board Plan, the Area Plan will not be developed in isolation or without reference to past legacy council planning work. The relevant studies, investigations and plans of North Shore City Council along with the evidence base for the Auckland Plan and Local Board Plan directions will be critical to the development of the Area Plan.

Approach to developing the Area Plan

16. In terms of established methodology followed and refined through the first two pilot area plans, the Area Plan process is proposed to consist of the following key steps and timeframes, which will overlap in their delivery:

· Phase One: Establishment - confirming team, programme, governance groups and arrangements, engagement requirements, strategic direction review / existing information analysis; November-December 2013

· Phase Two: Research and Analysis – analysis of feedback and outcomes of recent planning activities, initial key stakeholder engagement, data collection, gap analysis, additional work stream requirements; December 2013 - January 2014

· Phase Three: Aspiration and Outcome Setting – initial community and stakeholder engagement, draft aspirations and outcomes identified and mapped, testing against Strategic Directions, evaluation and updating; February-April 2014

· Phase Four: Draft Document Production – developing text around key moves and outcomes, detailing theme maps and outcomes/projects, finalise visualisations, reporting for communication and production; April-May 2014

· Phase Five: Consultation and Reporting – prepare for and undertake consultation on draft area plan key material, analysis of feedback and resolution of issues and conflicts, updating plan as final draft version and reporting through Local Board and committee of the governing body; June 2014

· Phase Six: Final Document Production and Adoption – update, final consideration for adoption by local boards and committee; July-August 2014

17. This approach represents an intensive 8-9 month timeframe and anticipates regular inputs and integration from other parts of Council (e.g. urban design, open space, heritage, community, cultural and environmental teams and economic development), Council Controlled Organisations including Auckland Transport and key external infrastructure providers and other government organisations. Close working with the Local Board Services team will be required at a core team level, particularly in terms of integrating consultation and engagement activity with the Local Board Plan process.

Community/stakeholder engagement and Local Board involvement

18. The Area Plan process requires robust community and stakeholder engagement within the context of the strategic outcomes and directions from Council and Local Board. The process for initiating the planning work and developing a responsive programme of engagement with communities and stakeholders to prepare the Area Plan is important for the credibility of the plan itself.

19. It is proposed that the Local Board Plan and Area Plan teams will closely co-ordinate consultation and engagement activities and timelines. This is because there are a number of similarities between the plans, and coordinating them will help avoid confusion and consultation fatigue within the community. This will see a merging of some aspects of the consultation material and messages, highlighting the different time horizons and focus of the plans i.e. 3-10 year priorities, projects and activities for the Local Board Plan and 30 year aspirations, key transformations and themed initiatives for the Area Plan.

20. A two-stage process is anticipated similar to the Local Board Plan with initial engagement in February 2014 followed by draft Area Plan material for feedback in May-June 2014.

21. Within the engagement approach, the following is expected to be delivered:

· A review of consultation feedback on other recent Council engagement processes.

· Targeted stakeholder engagement around local issues, opportunities and aspirations.

· Community engagement around local issues, opportunities and aspirations.

· Maori engagement with both mana whenua and mataawaka.

· Investigation of opportunities for engagement with other ethnic and migrant communities.

· Engagement with youth who are arguably the most affected by the 30-year outcomes of the Area Plan.

· Engagement with the elderly who are increasing demographic in the Local Board area.

22. This will involve using a range of engagement methods tailored to the sector of the community we are communicating with and seeking feedback from (i.e. targeted stakeholder and community workshops and open days, flyers, letters, questionnaires, submission forms, internet and social media, attendance at community events etc). The actual engagement approaches to be adopted will be developed and coordinated with the Local Board, the Working Party and the Local Board Plan team.

23. In terms of place-based local community engagement, there are opportunities to integrate this concept into the consultation we undertake as part of the Area Plan and Local Board Plan. These could be through locally focused engagements related to each of the town and local centres and lead to actions in the Local Board Plan or Area Plan to advocate for or undertake more ‘ground-up’ community visioning exercises in the future.

24. Additionally, interaction and engagement with Council Controlled Organisations and interested agencies is ongoing to support the establishment and parameters of area plans.

Key issues to be considered

25. Some of the key high-level issues already identified by Local Board members to be considered and addressed by the Area Plan were identified at the 3 December briefing. These will be reviewed along with other issues identified from previous plan consultation and contained in existing plans. The issues include:

· Transportation provision and road congestion – vehicles, public transport, cycling, parking.

· The provision of green and open space for passive and active recreation as further urban development and intensification occurs.

· Provision of community spaces and the retention/continuity of the sense of community.

· The retention of the mosaic of distinct communities and the places that the communities identify with.

· The changing population in terms of growth, ageing, ethnicity and diversity, demands for housing, and the prospects for better integration in a multi-cultural society.

· Impacts resulting from a more transient population, such as community safety and identity.

· The need for continuing economic development and job creation.

· The recognition of the value of heritage and character as positive attributes.

· Environmental impacts from urban development, such as air and water quality, waste management and stormwater management.

Project governance arrangements

26. An area plan working party comprising of nominated local board members and ward councillors, normally chaired by the chair of the local board, is proposed to be set up in order to oversee the development of the area plan and to oversee its content and process. This co-governance approach was adopted for the first pilot area plans and its local board membership mandated through a resolution of the Local Board.

27. The decision-making on key products of the initial engagement material, the draft and final area plan reflects the dual governance aspect. However, the final approval on the Area Plan rests with the Auckland Development Committee.

Consideration

Local Board Views

28. The next steps for the Area Plan programme are matters for Devonport-Takapuna Local Board and the governing body to consider. The programme is being reported to the Local Board to seek support for the approach, programme and sequence for the delivery of the Area Plan as set out in this report. A report will also be prepared for the Auckland Development Committee in February 2014.

Maori Impact Statement

29. The process of engagement on area plans with mana whenua and matawaaka in the region is established already and will be developed specifically for this area plan in collaboration with the Te Waka Angamua team.

30. The engagement approach proposed will be determined as a general approach across all area plans, but also more specifically with iwi related each area. Area Plans will incorporate key relevant and agreed features relevant to iwi as they relate to each area. It is proposed that hui be held in February 2014 with iwi and mataawaka groups to establish key issues and matters to consider for the Area Plan.

General

31. There are no other matters requiring consideration at this stage.

Implementation Issues

32. Implementation of area plan aspirations can occur through a range of methods including the Long Term Plan (including Local Board agreements), Local Board Plans, advocacy on the responsibilities of other agencies (Council Controlled Organisations and central government). Budgets will need to be committed in the Long Term Plan, and the delivery of the outcomes expected will rely on the continuing identification and commitment of this funding in future years.

Attachments

There are no attachments for this report.

Signatories

Authors

Alastair Lovell - Planner

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Developing the 2014 Local Board Plan

File No.: CP2013/28113

Purpose

1. The purpose of this report is to formally commence the process to develop a new local board plan (LBP) by the statutory deadline of 31^st October 2014.

Executive Summary

2. The board reflected on the utility and attributes of the current LBP and provided its initial views on how it wished to develop the 2014 – 2017 LBP, at a workshop held on 12 November 2013.

3. This report briefly:

· overviews the statutory objectives of, and requirements for, the preparation of the LBP

· asks the board to confirm that it:

o will use an amended version of the two stage process used during the first triennium to develop its LBP

o will use the first triennium LBP as the starting point for developing the 2014-2017 LBP

o wishes to undertake initial engagement with its community, primarily via a village / neighbourhood level approach.

· suggests a number of additional issues identified post the workshop, which the board may wish to consider for scoping and possible inclusion in the LBP.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Confirms the use of the vision and priorities set out in the 2011-2014 local board plan as the starting point for the development of the 2014-2017 local board plan.

b) Identifies any additional priorities, key projects or initiatives it wishes to include in the material for the first round of informal engagement.

c) Confirms that the approach set out in the agenda report for the first round of informal engagement is correct.

d) Delegates responsibility for signing off the first round engagement plan to the Chairperson and Deputy Chairperson, by 17 January 2014.

Discussion

Statutory Requirements

4. Section 20 of the Local Government (Auckland Council) Act 2009 requires each local board to prepare a new LBP for adoption by 31 October 2014. In summary the LBP’s purpose is to:

· reflect the priorities and preferences of the local community on the level and nature of local activities provided by Auckland Council

· identify community interests and preferences for input into regional strategies, policies, and bylaws

· provide a basis for developing the local board agreement for each of the following three years

· to inform the development of the next long term plan

· provide a basis for accountability of the local board to its communities

· provide an opportunity for people to participate in decision-making processes on the nature and level of local activities to be provided by Council, within the local board area.

5. Local boards must use the special consultative procedure (SCP) to consult on their draft LBPs. The LBP is developed and owned by the board and does not require governing body approval.

6. For the local board, and its community, the LBP is a strategic document that guides decision making and service delivery over the life of the LBP and beyond.

Developing the LBP

7. The process used to develop all 21 LBPs has been reviewed and a number of systemic process improvements identified, which have been incorporated into the planning for the LBP.

8. It is intended that the 2014-2017 LBP will be a document that is:

· used and referred to by multiple audiences

· used to shape and influence forward work planning (proactive not reactive)

· clearly identifies community and board priorities to key audiences

· sets out clear, robust objectives that support accountability (both for decision-makers and for Council).

Timeline

9. Based on the experience and learnings from the first triennium, the timeline set out below is suggested:

Indicative timeline	Detail
November 2013 / February 2014	Information gathering: review current LBP and departmental work programmes, analysis of what other plans/projects, written material that may benefit the development of the LBP and research.
December 2013	Initial guidance by the local board on: · The process it wishes to adopt to develop the new LBP · The use of the 2011-14 LBP as starting point · Possible additional issues to be considered for inclusion · The approach it wishes to take for the first stage engagement with its community
January 2014	All informal consultation material produced.
February 2014	Informal engagement and consultation on LBP.
March 2014	Analysis of informal engagement and consultation.
April / May 2014	Draft LBP produced. Local board approves draft LBP for formal (SCP) consultation.
June 2014	Undertake SCP for LBP (at least one calendar month).
July 2014	Analysis of submissions.
August 2014	Undertake hearings.
September 2014	Produce final LBP based on SCP and hearings.
October 2014	Adoption of LBP.
Post October 2014	LBP used as ‘starting point’ for development of the 2015-2016 local board agreement.

10. This suggested timeline has some flexibility, provided that the statutory adoption deadline of 31 October 2014 is met. This flexibility may be important; if there are other issues that the board wishes to consult the community on as it will enable combined consultation to be considered where possible. This should both reduce costs and serve to reduce ‘consultation fatigue’ when it is feasible.

Community preferences and priorities

11. The 2011 LBP set out a vision for the board’s area and identified a series of community priorities. At the workshop on 12 November, the board indicated that it supported the retention of the current vision and community priorities.

12. Based on the board’s workshop discussions, the current vision and community priorities will be carried forward for incorporation into the first round of engagement.

13. Over the last triennium there were a number of Council-wide and Devonport-Takapuna specific consultations. A number of individuals and groups also chose to come to a board meeting to address the board. The board’s advisors are currently reviewing this material to see what information, and comment potentially relevant to the LBP, was received.

14. All planned engagement up to the time that the draft LBP is adopted by the board, will also be reviewed for its relevance to the new LBP.

Key projects and initiatives

15. There are a number of projects and key initiatives set out in the first triennium LBP that have yet to be completed. Where these projects are expected to be completed after the adoption of the 2014-2017 LBP they will be ‘carried forward’ into the draft LBP.

16. Based on a review of past petitions, deputations and public forum attendances at board meetings, the following issues have been identified as ones the board may wish to consider scoping for possible incorporation in the 2014-2017 LBP:

· further implementation of the Takapuna Strategic Framework

· developing a closer relationship with the Independent Maori Statutory Board (IMSB) and mana whenua

· greater clarity around how the board will engage with local communities

· future uses of the old Killarney Street Fire Station

· further consideration of additional local arts facilities following the receipt of a regional review of arts facilities

· developing and enabling community-led environmental projects

· further development of the greenway cycling and walking network and advocating to Auckland Transport for investment to improve the road corridor environment and link the greenway into an integrated network across the area.

17. In the period since amalgamation, issues have largely been considered either regionally or at individual board level. Experience now suggests that there may be some issues that are better considered sub-regionally. Sub-regional (or ‘multi-board’) consideration may be appropriate where a facility or service organisation serves two or more adjacent boards’ communities. Such sub-regional issues are suggested as something that should be considered for inclusion in the 2014-2017 LBP, as a specific discussion point as to how adjacent boards work collaboratively regarding these activities.

Engagement

18. At the workshop on 12 November, the board reflected on the effectiveness and ‘reach’ of past community engagement exercises undertaken during the first triennium. Based on the board’s views the stage one informal engagement plan will be developed around:

· enabling the community to engage at the village or neighbourhood level, so that the board is better able to understand the preferences and priorities of the board’s distinct communities

· using this approach to present key projects and initiatives in order to take a more holistic view of the neighbourhoods which make up the whole board area

· developing a longer-term vision of what community aspirations for their areas are, with a view to the community being resourced to work with the local board in the future

· allied with this, consideration to be given to enabling people to engage on key themes across the whole board area, such as environmental issues and community development

· utilising the considerable expertise within the community and existing relationships in order to begin dialogue on the LBP, including inviting groups to host meetings

· ensuring the methods used reach a broader section of the population, including using technology and online options to enable people to engage

· providing sufficient information to communities in advance to enable them to consider the issues ahead of discussions and events

· using the experience of the past three years and the knowledge and feedback gained from the community to promote the role of the local board and therefore the opportunities presented by the next local board plan.

19. The forthcoming Area Plan for Devonport-Takapuna, due to go out to public consultation in early 2014, was also discussed at the workshop. Members indicated that they considered that bringing the two engagement exercises together would be of benefit to the public and minimise consultation fatigue. Discussions are ongoing with the Area Plan team as to how this could work in practice.

20. As discussed with the board at the workshop, work is underway to determine if a joint approach to iwi engagement would be effective in order to pool resources and minimise potential consultation fatigue.

Conclusion

21. This report is the start of the process through which the board will develop and adopt its local board plan. The process should result in a document that is more influential and valuable to all stakeholders than that of the first generation local board plan.

Consideration

Local Board Views

22. The local board is the sole decision-maker in the preparation and adoption of the LBP.

Maori Impact Statement

23. Mãori as mana whenua and mataawaka in the board’s rohe are key stakeholders in the LBP’s preparation, and it is intended to actively engage with them over the LBP’s preparation. At the local level, the development and implementation of the LBP provides a substantial opportunity to support the attainment of the Auckland Plan’s outcome of “A Mãori identity that is Auckland’s point of difference in the world”. In addition, the possible attainment of the transformational shift of “Significantly lifting Mãori social and economic well-being” will deliver substantial benefits for Mãori.

General

24. The LBP will form the overarching framework within which the local board takes decisions on local activities for which it is responsible, and its advocacy role to the governing body and the CCOs, for the three years subsequent to its adoption.

Implementation Issues

25. Successful implementation of the board’s LBP, on behalf of its community, will be dependent on three interdependent factors namely:

· sufficient funding being appropriated through the Long Term Plan, to successive Annual Plans, as part of the board’s annual agreement with the governing body

· each key initiative and priority being supported by effective and efficient project management to ensure its delivery

· the board undertaking effective advocacy for those aspects of the LBP for which it is not the primary decision-maker.

Attachments

There are no attachments for this report.

Signatories

Authors	Andy Roche - Local Board Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Appointments to Outside Organisations

File No.: CP2013/27686

Purpose

1. To appoint board members to be representative to outside organisations and community networks within the local board area, including local Mainstreet or Business Improvement District (BID) executive committees, and Local Government New Zealand.

Executive Summary

Elected members participate on management, governance or networking groups in outside organisations for a number of reasons. This report provides details of the organisations and networks relevant to the local board, and includes the appointment delegated to the local board by the governing body (Resolution GB/2013/126).

2. This report also provides details of the appointments and outlines the relevant appointments for the board’s consideration.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Allocates board members to outside organisations and community networks, as listed below:

Organisation	Lead	Alternate
*Associations*
Local Government New Zealand Zone One
*Business Associations*
Devonport Business Association
Takapuna Beach Business Association
*Trusts*
Devonport Peninsula Trust
Michael King Writers’ Studio Trust
Takapuna Community Trust
North Shore Heritage Trust – joint appointment Devonport-Takapuna, Kaipãtiki, Upper Harbour and Hibiscus and Bays)

Discussion

3. A number of external organisations provide for the formal participation of elected members in their affairs. Elected member appointees will have a variety of duties and liabilities depending on the individual organisation. Board members may provide updates of their activities with their allocated organisations at local board meetings.

4. The reasons for participation in external organisations can be described in a number of ways:

· a trust deed of an organisation providing for the council to appoint a trustee

· an organisation of interest to the council simply inviting representation at its meetings

· associations entered into by the council which provide for representation - such as Local Government New Zealand (LGNZ)

· organisation governance, or project or programme oversight, such as regional or local parks management groups

· a statutory or regulatory provision (for example, a regulation providing for a community liaison committee)

· a resource consent requiring the formation of a representative committee.

5. At the commencement of each triennium, committees and local boards recommend appointments to outside organisations as appropriate, and the governing body reviews and either makes the appointments it sees fit or delegates the remaining appointments to local boards. At the end of each triennium, appointments to outside organisations must be reviewed by the appropriate officers as to current relevance, and a recommendation made to the appointing body as to whether or not representation should be continued.

6. During the interregnum, all outside organisations that the board historically made appointments to were contacted to:

· better understand the purpose of the organisation

· define and outline its relationship with council

· clearly understand the role of the elected member with the organisation and

· highlight the time commitment expected from appointed members.

7. A brief summary of the responses from the outside organisations who responded is set out in Attachment A.

8. In the event that further requests for board representation are received from other organisations, these will be brought to the board at a future business meeting.

9. It is recommended that the board appoint one representative and one alternate representative for each organisation and community network listed in the recommendations.

10. In making decisions about these appointments, it is suggested that the board is mindful of:

· historical relationships

· relevance and interest

· time commitment

· potential for a conflict of interest

· relevance to and inter-relationship with the portfolio within which the organisation falls.

11. In addition, the governing body has delegated joint appointment to North Shore Heritage Trust to the Devonport-Takapuna, Kaipãtiki, Upper Harbour and Hibiscus and Bays local boards (Resolution GB/2013/126). Once each local board has considered the issue, the boards will need to resolve appointment if there is more than one nomination received. In the last triennium, the boards’ representative on the North Shore Heritage Trust was Dianne Hale.

Local Government New Zealand

12. Membership of Local Government New Zealand Zone One (i.e. Auckland and Northland) Committee includes a representative from each of the 21 local boards.

13. Each local board needs to consider selecting their representative plus an alternate. Meetings take place four times a year, with the venue for meetings shared across the entire Zone One area.

14. Further information on LGNZ is available in Attachment B.

BID Partnership Programmes

15. There are 46 Business Improvement District (BID) Partnership Programmes operating within the Auckland region. The programme provides a focal point for local business clusters to assist and help themselves in creating local employment opportunities. It also provides a means for local innovation and economic growth. Details of the programme and the role of the local boards are provided in Attachment C.

16. There are two local Mainstreet or Business Improvement District in the Devonport-Takapuna Local Board area.

17. The local board has a day-to-day relationship with the business associations as a joint partner in the BID Partnership Programme. The local board will work with the business associations to align the direction for the BID programme and local priorities expressed the Local Board Plan. The local board will receive regular reporting on the BID Partnership Programme and review progress against objectives.

18. It is recommended that the local board appoints a member and an alternate on each business association to represent the local board regarding all matters relating to the business association.

19. The business association may invite the appointed member onto the BID Governance Board or Executive Committee. The discretion on whether this member has voting rights will lie with the business association under the rules of their constitution.

Consideration

Local Board Views

20. This report seeks the local board’s decision on representatives to outside organisations and community networks.

21. The decisions in this report fall within the local board’s delegated authority.

Maori Impact Statement

22. This report has no specific impact on Māori. It covers appointments of local board members to outside organisations and community networks to represent the view of local communities, including Māori communities.

General

23. Members are delegated in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed.

24. Elected representatives may be part of any organisation in their private capacity and personal interests.

25. Elected representatives are encouraged to disclose memberships to external organisations in the conflict of interest register.

Implementation Issues

26. The venues for Local Government New Zealand Zone One meetings are shared across the entire Zone One area, and some travel costs may be incurred by local board members as a result of appointment.

Attachments

No.	Title	Page
a View	Devonport Takapuna - Appointments to Outside Organisations	49
b View	Local Government New Zealand	53
c View	Business Improvement Districts	55

Signatories

Authors	Andy Roche - Local Board Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Northern Joint Funding Committee

File No.: CP2013/28206

Purpose

1. To seek the local board’s agreement:

· to re-instate the Northern Joint Funding Committee to oversee the relevant legacy community funding schemes

· the Terms of Reference for the Northern Joint Funding Committee

· to nominate a member and an alternate on the Northern Joint Funding Committee.

Executive Summary

2. The Northern Joint Funding Committee was a joint committee established by the five Northern local boards and has decision-making responsibility for the allocation of grants through the legacy community funding schemes.

3. In accordance with Clause 30(7) of the Local Government Act 2002, the committee has been automatically dissolved following the 2013 Local Government elections.

4. The Northern Joint Funding Committee needs to be operational for the 2013/2014 financial year to administer legacy community funding budgets. This report seeks the board’s approval to re-instate the Northern Joint Funding Committee for the rest of the 2013/2014 financial year, approval of the Terms of Reference and appointment of a member and an alternate to the Committee.

5. The establishment of the committee is an interim approach until a region-wide community funding policy is finalised. Financial analysis is currently underway to inform options and a supporting budget structure for the new funding policy. Formal consultation on the draft policy will be undertaken with local boards in 2014.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Agrees to re-instate the Northern Joint Funding Committee for 2013/2014 to administer the legacy funds as per the Terms of Reference

b) Endorses the draft Terms of Reference for the Northern Joint Funding Committee

c) Appoints member XX to the Northern Joint Funding Committee for 2013/ 2014 with appropriate delegated authority to bind the board on decisions relating to the legacy community funding schemes made by the Committee.

Discussion

6. The Northern Joint Funding Committee was a joint committee established by the five northern local boards - Devonport-Takapuna, Kaipatiki, Upper Harbour, Hibiscus and Bays and Rodney local boards. It had decision-making responsibility to allocate grants through the legacy community funding schemes.

7. Local boards continue to have full decision-making authority over the Local Boards Discretionary Grants. These schemes were established as part of the interim funding programme, using budgets inherited from legacy community board funding schemes.

8. At its March 2013 meeting, the Regional Development and Operations Committee resolved to continue the Community Assistance Programme for 2013/2014 within unchanged structural and budgetary parameters, while a region-wide Community Funding Policy is in development.

9. This means that, as per previous years, legacy community funding budgets are allocated to sub-regional joint funding committees of local boards, and that the Northern Joint Funding Committee needs to be operational for the 2013/2014 financial year.

10. The previous local board agreed to continue the Northern Joint Funding Committee for 2013/2014, approved amended terms of reference and appointed a member and an alternate to the Committee.

11. In accordance with Clause 30(7) of the Local Government Act 2002, the sub-committee was automatically dissolved following the 2013 Local Government elections.

12. Officers recommend that the board re-instates the Northern Joint Funding Committee for the rest of the 2013/2014 financial year, approves the Terms of Reference and appoints a member and an alternate to the Committee.

13. Each of the legacy councils favoured a different approach to investing in their communities, and community grant funding is only one of several mechanisms for making this investment. In April 2013, the Regional Development and Operations Committee requested comprehensive financial analysis of all community development-related spending, including but not limited to the legacy community funding budgets that local boards are administering through the interim programme (resolution number RDO/2013/55). The Regional Development and Operations Committee required this work to be completed prior to development of the second iteration of a new Community Funding Policy.

14. The financial analysis is currently underway, and will be reported to the relevant committee early in 2014. It is anticipated that the findings will provide a clearer picture of current budget distribution and show the variation in inherited community investment models in place around the region. This will provide a valuable basis for developing new policy options and outlining the appropriate budget structures to underpin them. Any change to current budget distribution will be proposed as part of the Local Board Funding Policy (not the Community Funding Policy) for implementation as part of the Long Term Plan (from 2015).

15. Officers will be formally engaging with local boards around further development of the region-wide Community Funding Policy in the coming months.

Consideration

Local Board Views

16. The legacy funding schemes are a key way for local boards to support their communities.

Māori Impact Statement

17. The legacy community funding schemes are of general interest to communities and accessible to a wide range of groups, including Māori. No particular implications for the Māori community or Māori stakeholders have been identified as arising from this report.

General

18. The recommendations contained in this report fall within the local board’s delegated authority.

Implementation Issues

19. The Northern Joint Funding Committee would administer the following funds:

· The following legacy North Shore City Council funds:

o Events Sponsorship Fund

o Strengthening Communities Fund – Discretionary Grants

o Strengthening Communities Fund – Facility development

o Heritage Fund

o Community board local events fund.

· The following legacy Rodney District Council funds:

o Heritage Item Assistance Fund

o Large Grants Fund – Community

o Large Grants Fund – Youth

o Large Grants Fund – Recreation

o Small Grants Fund – Youth

o Community Grants Scheme

o Short Term Response Fund

o Environmental Education Fund

o Natural Heritage Fund.

20. The Northern Joint Funding Committee will hold a meeting in early 2014 consider procedural matters including but not limited to:

i) electing a Chair and Deputy Chair

ii) adopting the Terms of Reference (attached)

Attachments

No.	Title	Page
a View	Draft terms of reference	63

Signatories

Authors	Carole Canler - Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Urgent Decision Process for the Devonport-Takapuna Local Board

File No.: CP2013/26952

Purpose

1. This report seeks the board’s agreement for a process for urgent decisions of the Devonport-Takapuna Local Board on matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum.

Executive Summary

2. This report details a process for urgent decisions of the local board on matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Adopts the urgent decision process for matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum.

b) Delegates authority to the Chair and Deputy Chair or any person acting in these roles to make an urgent decision on behalf of the local board.

c) Requests that all urgent decisions be reported to the next ordinary meeting of the local board.

Background

3. An extraordinary meeting is called when an urgent decision is required on matters that cannot wait until the next scheduled ordinary meeting of the local board. At times, such as during the Christmas and New Year period, it is not practical to call the full board together and meet the requirement of a quorum.

4. An alternative to calling for an extraordinary meeting is to delegate the authority to the Chair and Deputy Chair, or any person acting in these roles, to make the decision on behalf of the local board.

5. Urgent decisions are different from emergency decisions, which are only made if there is a risk to public health and safety.

Decision Making

It is recommended that the local board delegate the power to the Chair and Deputy Chair, or any person acting in these roles, to make urgent decisions on behalf of the board.

7. Any request for an urgent decision of the local board must be processed through the Local Board Services department, and the Local Board Relationship Manager must endorse the request for an urgent decision before commencing the process.

8. All requests for an urgent decision will be supported by a report stating the nature of the issue, reason for urgency and what decisions or resolutions are required. These reports will comply with the standard approval process.

9. A number of factors are considered before approval to use the urgent decision process is given such as:

· The timing of the next scheduled meeting.

· Confirmation that the local board has the delegation to make the decision.

· Consideration of the rationale for urgency.

· The significance of the decision and whether the urgent decision process is appropriate.

10. Any decision made by delegation will be reported as an information item to the next ordinary meeting of the local board.

11. The Local Government (Auckland Council) Amendment Act 2013 provides for local boards to delegate to committees, sub-committees members of the local board or Auckland Council officers, any of its responsibilities, duties and power, with some specific exceptions.

Consideration

Local Board Views

12. This decision falls under the local board’s delegated authority.

Māori Impact Statement

13. There is no specific impact for Māori arising from this report.

Implementation Issues

14. The Local Board Relationship Managers can provide advice as to what might constitute an urgent decision.

Attachments

There are no attachments for this report.

Signatories

Authors

Emma Cordery – Local Board Democracy Advisor

Authorisers

Karen Lyons – Manager Local board Services

Eric Perry – Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987

File No.: CP2013/25604

Purpose

1. The purpose of this report is to present to the Local Board applications for special exemptions from some of the requirements of the Fencing of Swimming Pools Act 1987 (The Act)

Executive Summary

2. The Local Board must conduct a hearing and consider each of the applications for special exemption. The Local Board must resolve to decline, grant or grant subject to conditions, the exemptions sought.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Receive the report.

b) Receive the applications by:

i) Hayden & Gabrielle Jonas, 41 Eversleigh Rd, Belmont, Sunnynook.

ii) Paul Dennison, 1/2 Sinclair St, Devonport, Narrow Neck.

c) Determine each application, by way of resolution, to:

i) grant the application for special exemption as sought, or

ii) grant the application subject to conditions, or

iii) decline the application for special exemption sought

Discussion

3. Each property, which is the subject of an application before the Local Board, has been inspected by Auckland Council pool inspectors. In each case, the swimming pool fencing does not comply with that Act. The details of non-compliance in each case vary and are specified in the attachments to this report. Each applicant has chosen to seek a special exemption from the requirements of the Act.

4. The purpose of the Act is stated to be “to promote the safety of young children by requiring the fencing of … swimming pools”.

5. The Act requires pool owners to fence their pool with a fence. Specific detail on the means of achieving compliance with the Act is contained in the schedule to the Act. If a pool is not fenced with a complying fence it is an offence under the Act, unless exempt.

6. An exemption can only be granted by the Local Board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.

7. Defining the immediate pool area will be relevant to considerations concerning the property and the pool. The immediate pool area means the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool. The Act provides that the fence should be situated to prevent children moving directly to the pool from the house, other buildings, garden paths and other areas of the property that would normally be available to young children.

8. Another common consideration for Local Boards in exemption applications will be instances where a building forms part of the pool fence. Where doors from a building open into the pool area, the Territorial Authority may grant an exemption from compliance with clauses 8 to 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw, and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years. If the Local Board is satisfied that a door within a wall in a building meets that test, the Local Board must also be satisfied that an exemption would not significantly increase the danger to young children.

9. When granting a special exemption, the Committee may impose such other conditions relating to the property or the pool as are reasonable in the circumstances (section 6(2) of the Act). Issues to be considered include:

a. Will the exemption be personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption? This might be appropriate where the personal circumstances of the applicant have been considered as a relevant circumstance and had a bearing on the exercise of the discretion

b. Will the exemption be granted for a fixed term and irrespective of changes of ownership so that the exemption runs with the property?

c. Are there any other conditions which should be imposed, repairs to existing fencing, or a requirement for more frequent inspection of the pool (currently pools are inspected every three years).

10. Any exemption granted or condition imposed may be amended or revoked by the swimming pool exemption committee by resolution. The rules of natural justice would however dictate that this action should not be taken without prior notice to the pool owner and allowing the pool owner an opportunity to be heard.

Consideration

Local Board Views

11. The Local Board is the decision maker in relation to exemption applications under the Act.

Maori Impact Statement

12. This report does not raise issues of particular significance for Maori.

General

13. The recommendations contained within this report fall within the Local Board’s delegated authority.

14. The Act enables an exemption to be granted from clauses 8 to 10 of the Act (doors in walls of buildings) if the Local Board is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years.

15. The overarching consideration in terms of the Act is that a resolution to grant an exemption may only be made after having regard to the particular characteristics of the property and the pool, any other relevant circumstances and any conditions it may impose, and only if it is satisfied that such an exemption would not significantly increase the danger to young children.

16. The Local Board may resolve to grant, grant subject to conditions, or decline an application for special exemption.

17. If an application is declined the applicant will be required to fence their pool in accordance with the Act.

18. The exemption hearing process under the Act does not trigger the significance policy but it is an important statutory function.

19. The Council is committed to ensuring the Auckland is a safe place for children to live and play in. Pool fencing issues have a strong relationship with the Council’s strategic priorities for community safety.

20. Compliance with the Act is a mandatory requirement for all pool owners unless exempt.

21. Council’s pools inspectors have consulted with the applicants in each case. Applicants have been made aware of the Council’s requirements to ensure fencing is compliant with the Act. The applicants have elected to seek a special exemption for individual reasons.

Implementation Issues

22. The decision must be made by resolution and contain conditions (if any).

Attachments

No.	Title	Page
a View	41 Everslejgh Road (Under Separate Cover) - Confidential
b View	1/2 Sinclair Street (Under Separate Cover) - Confidential

Signatories

Authors

Mark Satherley - Team Leader Compliance and Enforcement

Authorisers

Ian McCormick - Manager Building Control

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987

File No.: CP2013/25170

Purpose

1. The purpose of this report is to present to the Local Board applications for special exemptions from some of the requirements of the Fencing of Swimming Pools Act 1987 (The Act)

Executive Summary

Recommendation/s

That the Devonport-Takapuna Local Board:

a) Receive the report.

b) Receive the applications by:

i) Andrew Binnie, 1/328 East Coast Road, Sunnynook.

ii) Yvonne Ten-Have & Ian Masson, 1/7 Morrison Avenue, Narrow Neck.

c) Determine each application, by way of resolution, to:

i) grant the application for special exemption as sought, or

ii) grant the application subject to conditions, or

iii) decline the application for special exemption sought

Discussion

4. The purpose of the Act is stated to be “to promote the safety of young children by requiring the fencing of … swimming pools”.

6. An exemption can only be granted by the Local Board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.

8. Another common consideration for Local Boards in exemption applications will be instances where a building forms part of the pool fence. Where doors from a building open into the pool area, the Territorial Authority may grant an exemption from compliance with clauses 8 to 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw, and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years. If the Local Board is satisfied that a door within a wall in a building meets that test, the Local Board must also be satisfied that an exemption would not significantly increase the danger to young children.

b. Will the exemption be granted for a fixed term and irrespective of changes of ownership so that the exemption runs with the property?

c. Are there any other conditions which should be imposed, repairs to existing fencing, or a requirement for more frequent inspection of the pool (currently pools are inspected every three years).

Consideration

Local Board Views

11. The Local Board is the decision maker in relation to exemption applications under the Act.

Maori Impact Statement

12. This report does not raise issues of particular significance for Maori.

General

13. The recommendations contained within this report fall within the Local Board’s delegated authority.

16. The Local Board may resolve to grant, grant subject to conditions, or decline an application for special exemption.

17. If an application is declined the applicant will be required to fence their pool in accordance with the Act.

18. The exemption hearing process under the Act does not trigger the significance policy but it is an important statutory function.

20. Compliance with the Act is a mandatory requirement for all pool owners unless exempt.

Implementation Issues

22. The decision must be made by resolution and contain conditions (if any).

Attachments

No.	Title	Page
a View	1/328 East Coast Road (Under Separate Cover) - Confidential
b View	1/7 Morrison Avenue (Under Separate Cover) - Confidential

Signatories

Authors

Mark Satherley - Team Leader Compliance and Enforcement

Authorisers

Ian McCormick - Manager Building Control

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 December 2013

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

That the Devonport-Takapuna Local Board:

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

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

19 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987 - Attachment a - 41 Everslejgh Road

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

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

protect owners details.

s48(1)(a)

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

19 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987 - Attachment b - 1/2 Sinclair Street

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

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

protect applicants details.

s48(1)(a)

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

20 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987 - Attachment a - 1/328 East Coast Road

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

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

protect owners details.

s48(1)(a)

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

20 Applications for Special Exemptions (section 6) under the Fencing of Swimming Pools Act 1987 - Attachment b - 1/7 Morrison Avenue

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

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

protect owners details.

s48(1)(a)

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

Chairperson	Mike Cohen, QSM, JP
Deputy Chairperson	Joseph Bergin
Members	Dr Grant Gillon
	Dianne Hale, QSO, JP
	Jan O'Connor
	Allison Roe, MBE

Report Title	Date received
Infrastructure and Environmental Services Update Report	26 November 2013
Parks, Sports & Recreation Quarterly Update to the Devonport-Takapuna Local Board for the July to September 2013 Quarter	5 December 2013
Auckland Transport Quarterly Update to Local Boards	5 December 2013
Auckland Transport Update on Issues Raised in September October 2013 for the Devonport Takapuna Local Board	5 December 2013

Authors	Sonja Tomovska - Local Board Democracy Advisor
Authorisers	Eric Perry - Relationship Manager