Agenda of Great Barrier Local Board

Great Barrier Local Board

12 February 2014

Quarterly Performance Report for the period ending 31 December 2013

File No.: CP2014/00607

Purpose

1. To update the Great Barrier Local Board members on progress towards their objectives for the year from 1 July 2013 to 31 December 2013 as set out in the Local Board agreement.

Executive Summary

2. See Report Below

Recommendation/s

That the Great Barrier Local Board:

a) Receive the Quarterly Performance Report

Great Barrier Local Board quarterly report

For the period ended 31 December 2013

Photo: Good to see our kids making full use of this pontoon :-)

1. Highlights & Achievements

Watching Brief

Recommendation

2. Update on Key Initiatives & Projects

3. Activity Overview

Libraries

CDAC

Park, Sports & Leisure

4. Regional Initiatives

5. Quarterly Financial Report

Section 1 – Great Barrier -January 2014”

1.1 An Executive Summary

As indicated in your financial induction, this is the first report in the new format for the October to December quarter and seeks to update the Local Board Members on the activities taken place within Great Barrier Island.

This is very much a work in progress as feedback and comments are received changes will be made to improve the format. It is anticipated that eventually this report will include all quarterly reporting for all departments and regional activities in one report. This same format has been used for all 21 boards and presented during the month of February.

Content has been included from the following departments: Parks, Sports & Leisure, Libraries & CDAC with more departments coming online in future reports. This report focuses on achievements and highlights for the period, along with a watching brief, an update on the key priorities the board has included in its local plan and a summary of the financials for the period.

1.2 Achievements & Highlights

Great Walk - Contract awarded for upgrade of Harataonga Track in December 2013.

Visitor orientation and signage - Great Barrier driving map and maps of Port Fitzroy,

Whangaparapara and Tryphena delivered December 2013.

Approved draft Annual Plan/Local Board Agreement for 2014-2015.

Board members attended financial induction sessions conducted by Financial Services.

1.3 Watching Brief

The Local Board need to beware of funding issues and risk for FY15 if the project monies for the GBI Broadband cannot be carried forward.

1.4 Recommendation

Receive and note this Quarterly Performance Report for the period ending 31^st December 2013

Section 2 –Update on Key Initiatives & Projects

2.1 Local Libraries

Our key focus will be on consolidating the recent changes to the operation of the Claris library, which include full integration to the Auckland Council library system and installation of internet terminals.

The key initiative we have planned for 2013/2014 is further development of the Claris Library including providing toilets, which supports the following priorities in our local board plan – ‘caring for each other’ and ‘building economic prosperity’ and our population.

December 2013 update

There is growing interest in the use of new technology and the libraries provision of eBooks.

Use of the request/hold service has increased as borrowers become more familiar with operating their on line accounts

2.2 Local Community Services

Great Barrier is unique in the Auckland Council area, in that it has no council-owned community halls, community centres, or sports fields and facilities and local groups mostly provide community services. We will also continue to significantly fund local community groups from discretionary community grants and SLIPs budgets to help them deliver services to the community.

The key initiatives and projects we have planned for 2013/2014 include:

· Youth development and employment initiatives which meet the needs identified in the youth needs assessment

· Health, welfare, employment and education community based programmes

· These key initiatives support the following priorities in our local board plan – ‘caring for each other’, ‘building economic prosperity and our population’.

December 2013 update

Through a youth needs assessment conducted in January 2012, it was identified that a youth led Youth Action Plan (YAP) needed to be developed. Council staff worked in partnership and a ‘Youth Speak’ wananga was held at Motaire Marae attended by youth and rangatahi from the Island. Schools on the Island developed a Youth Action Plan to be presented to the Great Barrier Island Local Board in March 2014

2.3 Local Arts, Culture and Events

Local events in the Great Barrier Local Board area include local Christmas events, the Wharf-to-Wharf marathon, the New Year Picnic and Mussel Fest. These events are important for the local community, but they also provide an opportunity for visitors to share in the community’s life. These events also provide local community groups with valuable fundraising opportunities.

We support a thriving art scene on Great Barrier through local board discretionary funding for the Arts and Heritage Village. We have also allocated $30,000 in operating expenditure (Opex) to support community events in 2013/2014, and will provide financial support to local groups from discretionary funding as appropriate.

These key initiatives support the following priorities in our local board plan – ‘caring for each other’, ‘building economic prosperity and our population’.

December 2013 update

Events funded year to date included Sea fest, New Year’s picnic, Mussel fest, & North Barrier School Reunion. Other Events include wharf to Wharf run/bike race in October

2.4 Local Parks Services

With over 60 per cent of the island being managed by DoC, the board’s focus is on continuing to expand the network of walkways to increase the use of the public parks and reserves, improving access to beaches and more roadside viewing areas. Funding is also available to improve signage and interpretation as part of initiatives to improve the visitor experience on the island.

We plan to spend a significant percentage of our discretionary budget on new and improved parks facilities. Our key initiatives and projects in 2013/2014 include:

· Improvements to the existing network of roadside viewing areas

· Okiwi airfield sealing

· Additional coastal access opportunities

· New and improved signage for community facilities, visitors and parks

· New and improved walkway connections

These key initiatives support the following priorities in our local board plan – ‘provide quality local parks and facilities’, ‘protect and enhance our environment and showcase our unique qualities’.

December 2013 update

Great Walk - Contract awarded for upgrade of Harataonga Track in December 2013.

Visitor orientation and signage - Great Barrier driving map and maps of Port Fitzroy, Whangaparapara and Tryphena delivered December 2013.

Practical beach access - agreed prioritisation of concept plan for Tryphena Coastal Trail

2.5 Local Recreation Services

There are no council-owned recreation facilities on Great Barrier such as public swimming pools, or recreation centres. There is therefore no budget allocated for local recreation services.

Local organisations provide services, assisted by Council in various ways. We will also use discretionary funding to support groups providing recreation services, as appropriate.

December 2013 update

Funding has been granted from SLIPs for a Swimming Pontoon at Port Fitzroy and a further Wharf Pontoon at Whangaparapa.

2.6 Local Economic Development

This group of activities covers initiatives that the Local Board can progress to grow the economy and the island’s population.

We plan to spend $885,000 in operating expenditure (Opex) on these activities in 2013/2014. Our key focus will be on encouraging local activities and infrastructure, and tourism and visitor industry initiatives to maximise the economic opportunities for residents and visitors.

The key initiatives and projects we have planned for 2013/2014 include:

· Continuing development of an expanded broadband, cell phone and 3G wireless services

· Employment of a tourism facilitator under the new Destination Great Barrier Island initiative

These key initiatives support the following priorities in our local board plan – ‘building economic prosperity and our population’.

December 2013 update

Work is planned to be completed on the second tower at Okiwi by the end of this calendar year and complete the project. To enable this to happen $230k of the current operating budget will need to be transferred to next year’s budget. I can report that in principle this has been approved so the Board will not have to find any additional funds for this project next year.

A tourism facilitator has been in post since May 2013, further funding is been sought from the board to extend this contract.

2.7 Local Built and Natural Environment

Our key focus is on enhancing the natural environment as a high priority.

We have established an environment committee, resulting in significant new initiatives. This includes engaging with our community on what kind of vision we want for our island’s environment, and on progressing an opportunity to obtain management authority over the Department of Conservation land devastated by the fire at Kaitoke in January 2013. This would support pest and weed management and ecological restoration of the area.

The key initiatives and projects we have planned for 2013/2014 include:

· Environmental enhancement programmes including riparian planting, rabbit control research, and septic tank management information

· An enhanced bio-security and pest management programme including trailing new rodent management technology, new pest baiting at privately owned wharves, and enhancing the argentine ant eradication programme

· Initiatives in partnership with local iwi to investigate local marine protection and planning.

These key initiatives support the following priorities in our local board plan – ‘protect and enhance our environment’ and ‘building economic prosperity’.

December 2013 update

No update at this time

2.8 Local Governance

This group of activities covers the local planning, policy and governance activities of the local board, including development of local board plans and local bylaws. As part of its governance role, the Great Barrier Local Board will continue to engage with and develop good relationships with its local communities.

We plan to spend $911,000 operating expenditure (Opex) and $28,000 capital expenditure (Capex) on these activities in 2013/2014.

Through our local board plan, supported by the Local Board Services team, and discretionary funding, the Great Barrier Local Board is continuing to identify and develop initiatives, programmes and projects which are benefiting its communities, and contribute to all our local board plan priorities.

The local board receives strategic and policy advice, as well as democracy, community engagement and administrative support. This enables local board members to represent their communities, deliver effective local leadership and make informed decisions on local issues, activities and facilities.

December 2013 update

Approved draft Annual Plan/Local Board Agreement for 2014-2015, Work underway on consultation and preparation for Long Term Plan 2015-2025. Local board and Elected Members have all taken part in financial induction training Workshop

Section 3 – Activity Overview ending Jan’2014

3.1 Libraries

3.2 Community Development, Arts & Culture

3.3 Parks, Sports & Receration

Section 4 – Regional Initiatives reports will be provided at a later date

ATEED – regional event planned for local area

Transport – particularly status of the projects to be delivered from the Transport fund

Watercare – Water or waste projects

Auckland Property - Update on properties that have been identified for sale

Environment – Short update on relevant projects from infrastructure and environmental services

Section 5 –

5.1 Quarterly Financial Report

Comment:

Net Cost of Service variance for the year is $198K, 11% below budget.

· Operating Expenditure is $198K, 23% below budget in all activities except Arts, culture and events which is slightly over year to date budget. The variance averages per department around 10% below budget apart from Local Built Natural Environment which has yet to have any expenditure other than overheads.

· Capital expenditure variance is $699K, 44% below budget mostly due to the expenditure on Okiwi airfield sealing being behind profiled budget year to date.

Comment:

Net Cost of Service variance is $26K, 9% lower than budget.

The Operating Expenditure variance is due to Local Discretionary Community Grants $13k which by their nature have been capital and no expenditure to date for Destination Sales and marketing. These have been offset by Local Community Centres ($13k) and Community Halls ($8k) which relates to staffing overheads.

Comment:

Net Cost of Service variance is $4K, 2% higher than budget.

Operating expenditure variance relates to programmes and events being slightly ahead of profiled budgets year to date. I do not foresee at this stage this to be an issue at yearend more one of a timing issue.

Comment:

Net Cost of Service variance is $52K, 10% below budget.

Operating expenditure variance is due to the following: Depreciation $16k, SLIPs $14k and Public Conveniences $63k under budget offset by Full Parks Facility Contract ($30k) and Green Assets ($21k).

Costs of maintaining parks facilities which exceeded budget was prepared on a council-wide basis and averaged across all Local Boards. This should be rectified for the budget refresh exercise for 2015 budgets.

Capital expenditure variance is $673K mainly due to OKIWI Airfield sealing $836k which is on target to be completed this year and offset by Small Local Improvement Projects (SLIPS) ($129k) Local Park Playspace renewals ($25k) and Local Park Walkway &Cycleway renewals ($25k), while the budget has been phased for the later part of the year.

Comment:

Net Cost of Service variance is $27K, 8% under budget.

Operating expenditure below budget mainly unspent Street Amenities $36k and Youth Employment $6k, offset by an over spend in Street Environment and Town Centre Strategy planning (Depreciation) ($14k).

To date the broadband project is matching to budget, work should be shortly underway on the second site although this is unlikely to be completed in this financial year. Around half of the remaining budget will need to be transferred to next year. Rules for Operating Expenditure do not normally allow this however this is deemed an exceptional case and we are working with the central Finance Team to ensure that this is covered off and that the outstanding monies due to the contractor will be able to be paid upon completion.

Comment:

Net Cost of services variance is $67K under budget.

The only costs incurred to date relate to departmental allocations (Overheads).

Comment:

Net Cost of Service variance is $30K, 7% under budget.

Operating expenditure is lower than budget which reflects a small under spend in Elected Member costs and Honorariums $15k, Local Board Plans $5k, Governance & Advocacy $6k and Consultancy costs $14k off set by travel costs ($14k).

Capital expenditure is $26k under spent reflects reflects no spend for IT hardware or Local Board Discretionary capital. There is a miscoding $1k here which will be adjusted for the next report.

* Figures include those projects approved in December Local Board meeting and expenditure in the accounts as at 31st December 2013

Consideration

Local Board Views

6. This report is for the Local Board’s information.

Maori Impact Statement

7. No specific issues with regard to the Maori Impact Statement are triggered by this report.

General

Implementation Issues

9. There are no implementation issues.

Attachments

No.	Title	Page
a View	Parks Capital Projects Summary	31
b View	CDAC Work program	35
c View	Discretionary Fund description	37

Signatories

Authors

Jane Koch - Business Performance Advisor

Authorisers

John Nash - Senior Local Board Advisor

Christine Watson - Manager Financial Advisory Services - Local Boards

Great Barrier Local Board

12 February 2014

Status Key

No significant issues	Has issues but are being managed	Unresolved issues; needs escalation

Project Name	· Overall Status	· Finances	· Key Milestones	Phase	Expected Finish date	Local Board Commentary
b) Local Park furniture and fixture renewals
Great Barrier - Local park furniture and fixture renewals				c)	d)	e) Programme Budget Line – detailed below. f) Part of approved renewals program. g)
Great Barrier - Condition 4 & 5 Asset Renewals				h) Execution & Delivery	i) 30/06/14	j) Furniture and fixture renewal project sites consists of: k) Awana Road Reserve: Signage l) Medlands Reserve: Furniture m) Mulberry Grove Reserve & School: Signage n) Old Service Centre Building; Signage. o) p) Project items have been scoped. Quotes received and works commenced in December 2013. q)
Great Barrier - Miscellaneous Signage				r) Execution & Delivery	s) 30/04/14	t) Design complete. Production and installation of signs over the next two months (December/January). u) This project is a continuation from FY13.
v) Local Park playspace renewals
Great Barrier -Local park playspace renewals				w)	x)	y) Programme Budget Line – detailed below. z) Part of approved renewals program. aa)
Great Barrier -Medlands Reserve				bb) Execution & Delivery	cc) 30/12/13	dd) Project being forecasted above the budget - design approved by the Local Board. Playground ordered and on route for delivery. Construction planned for December 2013.
ee) Local Park public convenience renewals
Great Barrier - Local park public convenience renewals				ff)	gg)	hh) Programme Budget Line - No projects identified in FY14 under this asset category
ii) Local Park structure renewals
Great Barrier - Local park structure renewals				jj)	kk)	ll) Programme Budget Line - detailed below. mm) Part of approved renewals program. nn)
Great Barrier - Puriri Bay Boat Ramp				oo) Planning	pp) 30/06/2015	qq) Project consists of Puriri Bay Boat Ramp Sealing Renewal. rr) Scope still to be confirmed. Likely extended timeline into FY15.
ss) Local Park utility renewals
Great Barrier - Local park utility renewals				tt)	uu)	vv) Programme Budget Line - No projects identified in FY14 under this asset category.
ww) Local Park walkway and cycleway renewals
Great Barrier - Local park walkway and cycleway renewals				xx)	yy)	zz) Programme Budget Line detailed below. aaa) Part of approved renewals program. bbb)
Great Barrier - Harataonga Walkway Works				ccc) Execution & Delivery	ddd) 30/06/14	eee) Design and consent approved. fff) Physical works due to start December 2013.
ggg) Park Development
Great Barrier - Community Facilities And Parks, Visitor Orientation And Signage				hhh) Concept iii)	jjj)	kkk) 10 year programme. lll) LSP have developed PIF's. mmm) Some budget deferred into future years for extended timeline required for signage component of project. nnn)
ooo) Walkways and Cycleways Development
Great Barrier - OKIWI Airfield Sealing				ppp) Execution & Delivery	qqq) 30/06/14	rrr) Physical works contract awarded to local contractor, Coles Equipment, and site works commenced 24th October 2013. Works on target to be complete within 20 week contract period. Excess topsoil excavated from site to be transferred to landfill site at Claris for future use as capping material.
Great Barrier - Great Barrier - Walkways				sss) Execution & Delivery	ttt) 30/06/23	uuu) 10 year programme. vvv) FY14 budget is being used to construct two pedestrian bridges and one boardwalk on the Harataonga Walkway. www) Design and consent approved. Physical works due to start February - March 14. xxx) $8K to FY15 to complete these works.
Great Barrier - Practical Public Access				yyy) Execution & Delivery	zzz) 30/06/17	aaaa) 3 year programme bbbb) Majority of works completed for FY14. Awaiting signage detail approval. cccc) Some budget reallocation into future years for extended timeline required for signage component of project.

Great Barrier Local Board

12 February 2014

Great Barrier Island

Discretionary Funds Explained

Fund

FY 14 budget

Definition & Uses

Not to be used for

Small Local Improvement Program (Capital)

Mgr: Susan Thomas

(for FY14 we have for reporting purposes split this budget into 2 so we can clearly report on capital grants as a separate item($302k incl. Deferrals) however this does not mean that should the board need to funding can be spread between the 2 as this is managed as an overall pot)

$748k

Key projects that are of a capital nature such as Walkways, View points, bus shelters etc

An asset is defined as a tangible or intangible item that has a financial value, enables services to be provided and has an economic life greater than 12 months.

If the cost is for...	Then it must be greater than ...
Land, library books	$0 (i.e. no threshold)
Furniture/fittings/office equipment (Note: a pooling approach is currently under review by Financial control)	$5,000
An infrastructure asset, including data capture, excluding Roading and Stormwater (covered later) Plant and equipment	$5,000
A residential property	$5,000
A commercial property	$5,000
All other assets	$1,000

There are three different types of capital expenditure

Asset Renewals – Public convenience renewals at libraries and equipment renewals at recreational facilities (Stewardship)

Service Level Improvements – Walkway enhancements or upgrades

Growth – Building a new library where a business case is needed to get governing body approval,

Capital Grants can also be given to 3^rd parties for new roofs etc These would not be included on the Councils assets register and the board must be satisfied that the additional Opex costs from this can be met by the 3^rd party.

Examples of costs that should not be capitalised include:

· feasibility studies;

· concept design prior to single option chosen;

· costs incurred prior to the detailed design stage of project planning the construction or execution stage of the project lifecycle;

· evaluating alternative proposals;

· community consultation;

· consulting to comply with Local Government Act requirements when detail design has not been done;

· investigative work;

· physically relocating an asset;

· costs incurred during a halt in the project;

· costs relating to projects that are cancelled (e.g. cost of a detailed design for a dam if the dam project is cancelled);

· building a fence for the property if the fence was accidentally damaged;

· carrying out environmental assessments, unless they are for resource consent;

· Disposing, demolishing or removing an asset that is abandoned. Exception: When land is purchased with the intention of removing the existing asset, demolition costs are added to the cost of the purchase of the land and not depreciated;

· maintenance costs of opening a new facility;

· costs of introducing a new product or service (including costs of advertising and promotional activities);

· costs of conducting business in a new location or with a new class of customer (including costs of staff training);

· costs incurred with delays in utilising an operable asset or part of it;

· initial operating losses while demand is being built up;

· professional fees relating to disputes;

· staff costs not directly related to the project, for example training, stakeholder meetings, undertaking training and developing user manual, post implementation review, project governance committees and catering;

· data migration outside of initial set up; and

· Administration costs not related to the construction of the asset and other general overhead costs.

Local Board Discretionary Fund (Capex)

$6k

Can be added to budget above or spent on other capital items such as IT equipment etc

As above

Local Improvement Program (Opex)

Mgr: Susan Thomas

$197k

Projects that are not of a capital nature, such as concept and design, public engagement small non capital grants. This budget does not have to sit in the parks area and could be part of your governance budget. Has and could also include contributions to Island festivals. This budget could also offset if agreed with the slips team additional events and community grants expenditure

Capital grants,

Local Community Grants

Mgr: Sarah Zimmerman

$25k (includes $10k Community Group Accommodation Support fund)

Non capital grants to organisations/groups i.e. scouts for a jamboree

The Great Barrier Local Board will allocate its funds based on, but not necessarily limited to, the following:

· How well the project or proposal aligns with the objectives of the Great Barrier Local Board Plan,

· how well the project helps the wider island community,

· the number of residents who benefit, and

· the record of the group in undertaking activities of benefit to the community, previous funding applications and the success

Of previously funded projects in benefiting the island community, will be taken into account when considering applications.

Community Group Accommodation support Fund

This fund provides financial assistance for community groups to help with accommodation costs.

Who can apply?

Community and voluntary organisations t in local board area are eligible:

Groups must have legal status (i.e. be an incorporated society or registered charitable trust) or apply under the umbrella of an organisation that does.

Who cannot apply

· Groups that have access to Auckland central community centres and halls.

· Groups that currently have subsidised leases.

· Groups already receiving a grant from the Community Group Assistance Fund.

Fund size

Grants range from $2500 minimum to $25,000 maximum.

The minimum grant size does not apply for groups from Great Barrier and Waiheke Islands. Applications in these local board areas can apply for less than $2500.

When funding is available

There will be one round of funding for 2013/2014. Applications for 2013/2014 have closed.

Fund guidelines

Funding can be used for:

· rental and lease payments

· Auckland Council rates

· regular, ongoing venue hire

· Regular, ongoing hire of a sports field or similar (for sports groups only).

Local Events mgr: Serena Hayes

$34k

Contribution to groups or total cost of running events on the island meeting criteria set out by events team.

Private functions, political events, events that exclude part of the community, present a hazard to the community, already been held, events for solely fund raising to hand to 3^rd pty charity

Great Barrier Local Board

12 February 2014

Auckland Transport Report - February 2014

File No.: CP2014/00656

Purpose

1. The purpose of the report is to respond to local board requests on transport-related matters and to provide information to Elected Members about Auckland Transport (AT) activities in the local board area.

Executive Summary

2. This report covers matters of specific application and interest to the Great Barrier Local Board and its community; matters of general interest relating to Auckland Transport activities or the transport sector; and relevant Auckland Transport media releases for the information of the Board and community.

Recommendation/s

That the Great Barrier Local Board:

a) Receive the report of Priscilla Steel, Relationship Manager, Auckland Transport.

Discussion

Reporting Back

Board resolutions

Speed limits on Great Barrier

3. Auckland Transport is investigating lowering the speed limit on Great Barrier Island.

4. The proposal considers a reduction of the speed limit from 100km/h to 70km/h across the island and reducing speeds in urban areas to 50km/h or less.

5. Consultation with the public and the local board is anticipated to get underway by mid-2014.

Board Transport Capital Fund

6. There are no updates to provide this month.

Board Consultations

Auckland Transport Code of Practice (ATCOP)

7. The Auckland Transport Code of Practice (ATCOP) is currently open for public consultation. Consultation closes 31 March 2014.

8. ATCOP will be a guide for anyone involved in developing and maintaining transport infrastructure in Auckland, ranging from small housing developments to complex public infrastructure. It represents a step change in how transport infrastructure will be delivered in Auckland. It will no longer be about a singular modal choice, but a complete and sustainable transportation network that can be used equally by everyone to get where they want, when they want.

9. AT has reviewed the existing transport-related infrastructure standards of the previous councils that were amalgamated to form Auckland Council and its related Council Controlled Organisations. The previous councils’ infrastructure standards varied across the Auckland region. These inconsistencies have caused confusion and uncertainty in the application of Auckland-wide transport-related infrastructure standards. ATCOP will provide the much needed consistency for all of Auckland.

10. While ATCOP generally provides consistent region-wide standards, it also acknowledges the unique characteristics of recognised special environments such as heritage areas and special identity areas.

11. ATCOP seeks to promote the transport aspirations of the Auckland Plan, supports the Auckland Unitary Plan and is to be used in harmony with the Auckland Design Manual currently being compiled by Auckland Council.

12. More details about the document and how to provide feedback can be accessed by the following link on AT’s website www.aucklandtransport.govt.nz/improving-transport/have-your-say/Pages/ATCOP.aspx

Media

Next phase of AT HOP roll-out

13. AT HOP cards will be available on Ritchies and Northern Express buses from 2 February.

Campaign Launched to Encourage Cycling

14. AT is launching a campaign to raise the awareness of cycling as a preferred and efficient mode of transport. “Cycling’s the Go” encourages Aucklanders to sign up and attend free cycling training courses.

15. Community Transport Manager, Matthew Rednall says “We want to improve the skill level and confidence of cyclists and to increase their knowledge of safe cycling behaviour.”

16. Forty-five per cent of Aucklanders have access to a bike but only 20 per cent use a bike at least once a month.

17. The last “Cycling’s the Go” campaign, before Christmas, saw 587 people take cycling training courses. This is a 126 per cent increase from the courses at the same time in 2012.

18. There are 34 summer cycling training courses including:

· beginner bike training for adults

· the basics of bike maintenance

· commuter leg up course

· novice on-road training for adults

· intermediate on-road training for adults

19. For more information including how to register for the summer cycling training courses, follow the link: www.cyclingsthego.co.nz.

Slow Down Around Schools

20. All road users are asked to take extra care as 261,000 Auckland children head back to school in late January / early February. The return to school means more people on the roads in cars, on bikes or walking.

21. Children aged five to 14 make up 27 per cent of all pedestrian injuries in the Auckland region and the most dangerous time for them is after school between 3pm and 4pm.

22. Motorists need to watch out for the 40 km per hour special speed zones around schools which are operating again. Parents or caregivers dropping off children are reminded that stopping and parking restrictions often apply around school gates and they must take care to obey the rules.

23. To coincide with the new school year, Auckland Transport is running Back to School promotions at around 40 schools.

24. There are 359 Walking School Buses and 375 schools in the Travelwise programme which involves 190,000 children.

25. Travelwise is an innovative schools-based programme that aims to improve road safety and achieve a reduction in the number of vehicles driving to and from school at peak times. It does this through encouraging and increasing alternative modes of travel, and providing safer facilities for all road users.

Consideration

Local Board Views

26. The Board’s views will be incorporated during consultation on any proposed schemes.

Implementation Issues

27. All proposed schemes are subject to prioritization, funding and consultation.

Attachments

There are no attachments for this report.

Signatories

Authors	Priscilla Steel – Auckland Transport Elected Member Relationship Manager
Authorisers	Jonathan Anyon – Auckland Transport Elected Member Team Leader

Great Barrier Local Board

12 February 2014

Lapsing of Auckland City Council Hazardous Substances Bylaw

File No.: CP2014/00299

Purpose

1. The purpose of this report is to recommend that the Auckland City Council Hazardous Substances Bylaw 2008, which is now an Auckland Council bylaw, be allowed to lapse, because the provisions of this bylaw are adequately dealt with by a number of pieces of national legislation.

Executive Summary

2. In 2008 Auckland City Council made a Hazardous Substances Bylaw. This bylaw:

a) Requires an application to be made to the council whenever it is intended to install, alter, remove, examine or relocate any tank or pipeline used for storing or transferring of various classes of hazardous substances;

b) Requires underground storage tanks to be installed in accordance with a 1992 Department of Labour code of practice or in a manner that prevents the contamination of underground water sources;

c) Requires the storage, use and disposal of any chemical or contaminant to be in such a way that this does not result in a nuisance or risk to public health and safety. The word contaminant is defined by the bylaw and covers any type of substance that, when discharged to water or land can damage the physical, biological or chemical condition of that water or land.

3. Since the bylaw was made there have been a number of legislative changes that have reduced the need for the bylaw. The council retains its role under section 15 of the Resource Management Act 1991 to manage discharges of contaminants into the environment and it will continue to exercise this function through the proposed Unitary Plan. However under the Hazardous Substances and New Organisms Act 1996 the council’s role is only to enforce this act in public places and in places other than work places.

4. If the council does not revoke the bylaw prior to 31 October 2015 (i.e. it allows the bylaw to lapse) it will not have to go through the time and expense of revoking the bylaw through the special consultative process of the Local Government Act 2002.

Recommendation/s

That the Great Barrier Local Board:

a) Recommends to the Regulatory and Bylaw Committee that the Auckland City Council Hazardous Substances Bylaw 2008 not be confirmed, amended or revoked so that on 31 October 2015 the bylaw is revoked by section 63 of the Local Government (Auckland Transitional Provisions) Act 2010.

Discussion

5. The current bylaw regulates three general areas:

· The bylaw requires an application to and approval from council to install, alter, remove, examine or relocate any tank or pipeline used for the storage or transferring of hazardous substances. This enables the council to monitor sites where hazardous substances are stored and check the contamination of those sites especially when underground tanks or pipes are removed.

· The installation, construction and operation of underground storage tanks holding hazardous substances.

· Standards for the storage of chemicals or contaminants so that any use, disposal or spillage of those chemicals or contaminants does not create a nuisance and there is no risk to public health and safety. These provisions also allow council officers to take water or soil samples to determine whether or not a site is polluted.

6. Staff considers that the bylaw topics are now adequately covered by national legislation which are discussed in detail below.

A. Approval to install, alter, remove, examine or relocate any tank or pipeline used for storing or transferring of hazardous substances

7. This part of the bylaw is dealt with in part by the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (the NES). The NES applies to land that has or had an activity or industry on the site that is listed on the Hazardous Activities and Industries List (HAIL) published by the Ministry for the Environment (MfE) and is therefore considered potentially contaminated. If however a detailed site investigation demonstrates that any contaminants in or on the site are below background (naturally occurring) concentrations then the site is not considered contaminated.

8. The NES sets permitted activity standards for the removal or replacement of a fuel storage system (storage tanks and ancillary equipment), including the removal or replacement of an underground part of the system and putting back or taking away soil from the site, subject to a number of conditions. The conditions include that the activity is done in accordance with MfE guidelines, the council is notified on where, when and for how long the activity will be taking place and where any removed soil will be disposed of. Limits are also set on the amount of soil that can be taken away and a requirement that council will receive results of the investigation done on the site.

9. The NES also has permitted activity standards for sampling soil, disturbing soil (such as might occur if an underground tank was removed and the hole filled in) and for the subdividing or changing the use of HAIL land. None of these permitted activities have conditions which require the council to be notified when the activity takes place, but the conditions applied to these activities prevent any danger to the public. Appendix B of the NES includes soil contaminant standards (SCSs) for human health for inorganic and organic compounds for five types of land use scenarios: rural/lifestyle blocks, residential, high-density residential, parks/recreational land and commercial/industrial land. SCSs represent a human health risk threshold above which the effects on human health may be unacceptable over time.

10. If the owner of a piece of contaminated land or potentially contaminated land (e.g. land on the HAIL list) wishes to subdivide or change the use of a piece of land, it is usually in the best interests of that land owner to decontaminate that land or prove that the land meets the standards of the NES so that the land can be sold. If however, an owner of a contaminated site or potentially contaminated site does not wish to subdivide or change the use of that site they are still required to meet the proposed Unitary Plan rules for the discharge of contaminates to land and water from that site.

B. Requiring underground storage tanks containing hazardous substances to be installed in accordance with a 1992 Department of Labour code of practice or in a manner that prevents the contamination of underground water sources;

11. These provisions have been superseded by a number of pieces of legislation:

a) The Hazardous Substances (Emergency Management) Regulations 2001 which came into force in July 2001 require the secondary containment of any liquid hazardous substance that is kept in quantities that exceeds the thresholds outlined in schedule 4 of these regulations. The regulations apply to both surface containers and below ground containers holding liquids or substances likely to liquefy in a fire.

b) Schedule 8 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances)Transfer Notice (2004 and amendments) places obligations and restriction on stationary container systems (tanks and associated fittings and pipe work) that contain or are intended to contain a hazardous substance that is described in schedules 1 (dangerous goods) and 2 (toxic substances) of the notice. Part 2 of schedule 8 requires all parts of a stationary container system to be designed, constructed, installed, operated, maintained, tested and repaired so that the system contains any hazardous substance that is put into it without any leakage of that substance when subjected to expected operating temperatures, pressures and stresses, loadings and environmental conditions.

Parts 5 and 6 of schedule 8 specifies standards for both above ground stationary tanks and below ground stationary tanks for hazardous liquids. Various standards are specified for their design and construction and for the installation and operation of tanks to prevent their damage. Part 8 has standards for disused below ground tanks. Part 14 has requirements for pipe work conveying hazardous substances. Part 17 has standards for the marking of stationary tanks and requirements to have a plan available for inspection which describes the physical position of stationary container systems. Part 18 includes requirements for the repair, alteration, maintenance and inspection of above ground and below ground tanks to ensure that they continue to meet the standards and codes to which the tank was designed and constructed. The maintenance requirements for below ground tanks include requirements to undertake inventory control checks and leak-testing.

c) The Code of Practice for the Management of Existing Stationary Container Systems up to 60,000 litres Capacity. This was approved in April 2008 by the Environmental Risk Management Authority as an approved code of practice under the Hazardous Substances and New Organisms Act 1996. This code of practice applies to stationary tanks used to contain hazardous liquids that were in use at the commencement date of the Transfer Notice and:

• do not fully meet the requirements of schedule 8 of the Transfer Notice, and/or

• do not meet the requirements for secondary containment of the Hazardous Substances (Emergency Management) Regulations 2001.

C. Requiring the storage, use and disposal of any chemical or contaminant to be in such a way that this does not result in a nuisance or risk to public health and safety.

The word contaminant is defined in the bylaw and covers any type of substance that, when discharged to water or land can damage the physical, biological or chemical condition of that water or land.

a. Storage

12. As noted above the Hazardous Substances (Emergency Management) Regulations 2001 which came into force in July 2001 requires the secondary containment of any liquid hazardous substance that is kept in quantities that exceeds the thresholds outlined in schedule 4 of these regulations. The regulations apply to both surface containers and below ground containers for liquids or substances likely to liquefy in a fire. Schedule 9 of the Hazardous Substances (Dangerous Goods and Scheduled Toxic Substances) Transfer Notice which regulates the storage of dangerous goods and toxic substances, also has requirements for secondary containment systems for the storage of class 3.1 (flammable liquids) as does the Code of Practice for the Management of Existing Stationary Container Systems up to 60,000 litres capacity.

b. Use

13. The use of chemicals or contaminants in a way that does not result in a nuisance or risk to public health and safety is controlled by a number or instruments:

• The Resource Management Act e.g. section 15: discharges of contaminants into the environment.

• The proposed Auckland Unitary Plan e.g. Chapter H section 4.6: Managing hazardous substances and section 4.8: Industrial and Trade Activities.

14. The chief executive of a local authority is only required to ensure that the provisions of the Hazardous Substances and New Organisms Act 1996 are enforced in public places and in places other than work places. He/she can however enforce the provisions of the Act in other places for the purpose of enforcing the provisions of the Resource Management Act.

c. Disposal

15. The disposal of chemicals and contaminants is controlled by instruments such as:

The Hazardous Substance (Disposal) Regulations 2001.

16. These regulations which came into force in July 2001 have disposal requirements for hazardous substances, packages and containers for class 1, 2, 3, 4, 5, 6, 8 and 9 substances. For each class of substance the regulations describe what are suitable means of treatment for disposal, and what is not. Note that class 7 is an unallocated class. These regulations also require any one who manufactures, imports or supplies a hazardous substance to another person in a quantity that exceeds that of schedule 1 of the regulations to provide that person with information on the appropriate method of disposal of that substance in accordance with the regulations.

The Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

17. The provisions/requirements of this standard are discussed above.

National Environmental Standard for Air Quality

18. This standard bans the burning of tyres, copper wire and oil in the open air, the burning of bitumen used in road maintenance, the deliberate use of landfill fires and controls the use of school and healthcare incinerators. The standard also bans the construction of new high temperature hazardous waste incinerators.

The Auckland Council Trade Waste Bylaw 2013

19. The Trade Waste bylaw seeks to protect people and the environment from the adverse effects of harmful substances discharged to the wastewater system.

The Auckland Council Solid Waste Bylaw 2012

20. The provisions of this bylaw prevent the disposal of prohibited waste in a public place for collection. Prohibited waste in this bylaw includes any hazardous waste that contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by the Hazardous Substances (Minimum Degree of Hazard) Regulations 2000 or meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433:1999 – Transport of Dangerous Goods on Land.

Consideration

Local Board Views

21. The views of all local boards that are within the legacy Auckland City Council area, where the Auckland City Council Hazardous Substances Bylaw 2008 applies, will be sought before a recommendation is made to the Regulatory and Bylaws Committee to let this bylaw lapse.

Maori Impact Statement

22. Consultation with Maori occurred during the development of the Proposed Auckland Unitary Plan and resulted in a new set of standards for the management of hazardous substances in Auckland. Analysis of the current bylaw, national environmental standards and other legislation, relevant iwi management plans and consultation indicates that the revoking of this bylaw will not have any impact on the way that hazardous substances are managed by Auckland Council.

General

23. The chief executive of a local authority is only required to ensure that the provisions of the Hazardous Substances and New Organisms Act 1996 are enforced in public places and in places other than work places. Despite the lapsing of this bylaw the council can however enforce the provisions of the Act for the purpose of enforcing the provisions of the Resource Management Act. Section 15 of the Resource Management Act allows the council to manage discharges of contaminants into the environment and the council will continue to exercise this function through the proposed Auckland Unitary Plan.

Implementation Issues

24. There are no implementation issues if this bylaw is allowed to lapse.

Attachments