Agenda of Kaipātiki Local Board

Kaipātiki Local Board area

Kaipātiki Local Board Members

	Kay McIntyre QSM Chairperson Ph 09 484 8383 DDI 09 484 8987 Mobile 021 287 8844 kay.mcintyre@aucklandcouncil.govt.nz Portfolios: · Finance – lead · Planning, policy and governance – lead · Built environment, streetscapes and urban design – alternate		Ann Hartley JP Deputy Chairperson Mob 027 490 6909 Office 09 484 8383 Home 09 483 7572 ann.hartley@aucklandcouncil.govt.nz Portfolios: · Community Development and Facilities – lead · Sport, recreation services and parks (active) – lead · Parks, reserves and playgrounds (passive) – alternate · Planning, policy and governance – alternate · Regulatory, bylaws and compliance – alternate
	Danielle Grant Local Board Member Mob 021 835 724 Office 09 484 8383 Home 09 442 1271 danielle.grant@aucklandcouncil.govt.nz Portfolios: · Arts, culture and events services – lead · Economic development – lead · Natural environment – alternate		Grant Gillon MPP, PhD Local Board Member Mob 027 476 4679 Office 09 484 8383 grant.gillon@aucklandcouncil.govt.nz Portfolios: · Natural environment – lead · Regulatory, bylaws and compliance – lead · Libraries – alternate
	John Gillon Local Board Member Mob 021 286 2288 Office 09 484 8383 Home 09 443 1683 john.gillon@aucklandcouncil.govt.nz Portfolios: · Libraries – lead · Parks, reserves and playgrounds (passive) – lead · Civil defence and emergency management – alternate		Lindsay Waugh Local Board Member Mob 021 287 1155 Office 09 484 8383 Home 09 418 1620 lindsay.waugh@aucklandcouncil.govt.nz Portfolios: · Built environment, streetscapes and urban design – lead · Arts, culture and events services – alternate · Transport and infrastructure – alternate
	Lorene Pigg Local Board Member Mob 021 839 375 Office 09 484 8383 lorene.pigg@aucklandcouncil.govt.nz Portfolios: · Civil defence and emergency management – lead · Finance – alternate · Sport, recreation services and parks (active) – alternate		Richard Hills Local Board Member Mob 021 286 4411 Office 09 484 8383 richard.hills@aucklandcouncil.govt.nz Portfolios: · Transport and infrastructure – lead · Community Development and Facilities – alternate · Economic development – alternate

Kaipātiki Local Board

12 February 2014

ITEM TABLE OF CONTENTS PAGE

1 Welcome 7

2 Apologies 7

3 Declaration of Interest 7

4 Confirmation of Minutes 7

5 Leave of Absence 7

6 Acknowledgements 7

6.1 Lucy Parsonson 7

7 Petitions 7

8 Deputations 8

9 Public Forum 8

10 Extraordinary Business 8

11 Notices of Motion 8

12 Community Lease for Additional Premises to the Men’s Shed North Shore Trust, Elliot Reserve, Glenfield 9

13 60 Colonial Road, Birkenhead – Capital Works Update 15

14 Birkdale and Beach Haven Early Learning Centres 19

15 Monthly Local Board Services Report - February 2014 25

16 Kaipatiki Local Board Quarterly Performance Report to 31 December 2013 31

17 Auckland Transport Update on Issues Raised to January 2014 for the Kaipatiki Local Board 33

18 Greenslade Reserve Public Convenience 43

19 Appointments to Outside Organisations 49

20 Proposed Auckland Unitary Plan submission - local board input 65

21 Hearing dates for the Kaipātiki Local Board hearings for the Annual Plan 2014/2015 67

22 Feedback on the animal management bylaw review 71

23 Local board feedback on the Local Government Act Amendment Bill 87

24 Report from Governing Body 19 December 2013 113

25 Granted Resource Consent Applications by Local Board Area 115

26 Generic Reports received for information - December 2013 123

27 Governing Body Members' update 125

28 Members' reports 127

29 Applications for Special Exemptions under Section 6 of the Fencing of Swimming Pools Act 1987 139

30 Workshop Record - Kaipātiki Local Board Workshops, Wednesday, 4 December 2013 143

31 Consideration of Extraordinary Items

PUBLIC EXCLUDED

32 Procedural Motion to Exclude the Public 147

29 Applications for Special Exemptions under Section 6 of the Fencing of Swimming Pools Act 1987

a. 2 Mayfield Road 147

b. 2/298A Wairau Road 147

c. 2/117 Chivalry Road 147

d. 91 Monarch Ave 147

e. 171 Queen Street 148

f. 17 Lynden Avenue 148

g. 25 Sunset Road 148

h. 10 Seaview Avenue 148

1 Welcome

2 Apologies

At the close of the agenda no apologies had been received.

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Kaipātiki Local Board:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 11 December 2013, including the confidential section, 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 Lucy Parsonson

Purpose

1. The Kaipātiki Local Board wishes to congratulate Lucy Parsonson of Birkenhead College for being chosen to go on the ambassadors' tour sponsored by the Embassy of France.

Executive Summary

2. The ambassadors’ tour programme is part of the relationship building between France and NZ schools and ambassadors were chosen based on leadership potential, communication and strong interests in global, political and social issues.

3. Lucy Parsonson is to be congratulated on her achievement in representing not only NZ but her local community of Beach Haven and Birkenhead College.

Recommendation/s

That the Kaipatiki Local Board:

a) acknowledge Lucy Parsonson of Birkenhead College for being chosen to go on the ambassadors' tour sponsored by the Embassy of France and congratulate her achievement in representing not only NZ but her local community of Beach Haven and Birkenhead College.

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.

Kaipātiki Local Board

12 February 2014

Community Lease for Additional Premises to the Men’s Shed North Shore Trust, Elliot Reserve, Glenfield

File No.: CP2014/00909

Purpose

1. This report seeks Kaipatiki Local Board approval to grant a community lease for additional premises to the Men’s Shed North Shore Trust to enable an extension of its building on Elliott Reserve, Elliott Avenue, Glenfield.

Executive Summary

2. The Men’s Shed North Shore Trust (the Trust) occupies part of Elliott Reserve under the terms of a community lease that runs from 1 May 2011 for a period of ten years with one ten year right of renewal.

3. The Trust owns and occupies a 330m² fully insulated TotalSpan shed that was officially opened in April 2013 as a community workshop.

4. The workshop offers men an opportunity to socialise and share skills and experience in a number of areas including carpentry, welding, wood turning, engineering, electronics and model making. Members have access to specialised equipment with training and support if required.

5. The facility is a popular and valued community resource. Club membership is currently 91 and increasing steadily. The proposed extension of approximately 70m² will be a continuation of the same structure and finished internally to the same high standard. The additional space will be used to provide improved storage and a safer working space for specialised welding and engineering equipment.

6. Auckland Council staff recommend an initial term of the community lease for 7 years and 1 month to synchronise it with the existing community lease.

Recommendations

That the Kaipatiki Local Board:

a) approves a Deed of Lease for Additional Premises to the Men’s Shed North Shore Trust located on Elliott Reserve, Elliott Avenue, Glenfield subject to the following terms and conditions:

· Term – commencing 1 April 2014 expiring 30 April 2021 with one ten year right of renewal

· Rent - $1.00 per annum

· All other terms and conditions will reflect those contained in the original community lease to the Men’s Shed North Shore Trust.

b) grants Landowner Consent to the Men’s Shed North Shore Trust to extend the building on Elliott Reserve, Elliott Avenue, Glenfield by approximately 70m² on the eastern side subject to:

· The Lessee obtaining and adhering to all necessary resource and building consents required

· The proposed works being carried out within the new community lease boundary by qualified trades people meeting all current health and safety requirements

· The proposed extension being built to the same standards and finish as the existing building

· The proposed works being completed in a tidy, efficient and professional manner with as little disruption to other users of the reserve as possible.

· Any changes to this proposal must be notified to Council and approved by the Kaipatiki Local Board.

Discussion

7. The North Shore Men’s Shed Trust (the Trust) occupies part of Elliott Reserve under the terms of a community lease that runs from 1 May 2011 for a period of ten years with one right of renewal for a further ten years.

8. The Trust owns and occupies a 330m² fully insulated TotalSpan shed that was officially opened in April 2013. This is the only purpose built men’s shed in the Auckland region.

9. The not for profit community workshop offers members an opportunity to socialise and share skills and experience gained in a number of areas including carpentry, welding, wood turning, engineering, electronics and model making. Members have access to specialised equipment and can get involved in tasks ranging from toy making, manufacturing of bait traps used by Council parks staff to a variety of repair projects for equipment and resources used by other community groups and organisations in the area.

10. The facility is a popular and valued community resource. The club membership that currently stands at 91 has been increasing steadily. The proposed extension of approximately 70m² will be a continuation of the same structure and finished internally to the same high standard. The additional space will be used to provide improved storage and a safer working environment for the welding and engineering equipment owned by the trust.

11. The extension will not impede access to the reserve behind the facility for maintenance purposes and will not have any detrimental effects to other users of the reserve.

12. Auckland Council staff recommend an initial term of the community lease for 7 years and 1 month to synchronise it with the existing community lease.

Consideration

Local Board Views

13. The Kaipatiki Local Board has been very supportive of the Men’s Shed Community workshop and the proposed extension will further enhance the facility and the services it can offer to the community in the Kaipatiki Local Board area.

Maori Impact Statement

14. There is no significant change or impact for Maori associated with the recommendations in this report

General

15. The recommendations within this report fall within the local board’s delegated authority relating to local,

16. The recommendations in this report do not trigger the Auckland Council Significance Policy

17. Council staff have sought input from relevant council departments

Implementation Issues

18. There are no cost implications for Auckland Council

Attachments

No.	Title	Page
a View	Attachment A: The Men's Shed North ShoreTrust	13

Signatories

Authors

Maureen Buchanan - Community Lease Advisor North

Authorisers

Louise Mason - Manager Community Development, Arts and Culture

Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

60 Colonial Road, Birkenhead – Capital Works Update

File No.: CP2014/01062

Purpose

1. This is an information report. The purpose of the report is to provide the Kaipatiki Local Board with the following property management detail for the houses at 1-9/60 Colonial Road, Birkenhead.

i) Current lease tenure for any tenanted properties

ii) Vacancies and reason for vacancy

iii) Revenue for the properties – is it allocated to regional or local budgets

iv) Renovation plans for the former manager’s cottage and details of renovation plans for other properties where available

Executive Summary

2. Auckland Council Property Limited (ACPL) manages nine heritage listed Auckland Council owned properties at 60 Colonial Road, Birkenhead on behalf of Council. The properties are managed as residential tenancies and currently have no listed future service requirement or project associated with them.

3. The Kaipatiki Local Board has advised ACPL that they would like to consider future service opportunities for these properties. ACPL is accordingly providing relevant details to assist the local board in evaluating options for the properties.

Recommendation/s

That the Kaipātiki Local Board:

a) receive the report.

Discussion

4. ACPL manages nine heritage listed Auckland Council owned properties at 60 Colonial Road, Birkenhead, on behalf of Council. Detail requested by the Kaipatiki Local Board is outlined in points below.

i) Tenancy term: the properties are managed as residential tenancies under periodic terms. The tenancies may be terminated by notice from either party. No long-term residential leases are undertaken for ACPL managed properties.

ii) Vacancies and reason for vacancy: There are currently three vacancies across the nine properties at 60 Colonial Road, Birkenhead.

a. The former manager’s house at 9/60 Colonial Road, Birkenhead

b. Two of the cottages at 2/60 & 6/60 Colonial Road, Birkenhead.

The properties are empty due to renovation and maintenance requirements which include significant drainage work and subsidence issues. Full details of maintenance and renovation considerations for these properties are outlined under paragraph iv) below.

iii) Revenue for the properties – regional or local budget: ACPL directs all revenue derived from properties it manages back to Council for distribution. To date, Council has allocated revenue and costs from most ACPL managed properties to the regional budget. ACPL has been advised that Council policy around revenue and costs for a number of non-service tenancies is under review. Properties included in this review are all non-service tenancies in heritage buildings and all non-service tenancies in buildings located on local parks. As a result of changes arising from these discussions, it is anticipated that revenue and costs for all nine properties at 60 Colonial Road, Birkenhead, will be allocated to the local board by Council from June 2014. Confirmation of this will be distributed by Council in due course.

Please note that capital expenditure, such as significant maintenance or renovation costs, are not included in the revised arrangement at this stage.

iv) Renovation plans: The properties at 60 Colonial Road, Birkenhead, require a significant level of work to ensure they comply with safety considerations and are tenantable. Any work undertaken will need to be done in accordance with the properties’ heritage values. ACPL has accordingly engaged heritage architect Antony Matthews, one of Council’s preferred heritage architects, to provide the full scope and options for maintenance and renovation activities for these properties. It should be noted that ACPL acts on Mr Matthews recommendations on all aspects including, but not restricted to, choice of paint, selections for units in kitchens and bathrooms, heritage appropriate addition of new elements (such as additional toilet facilities) or upgrade of old facilities.

v) The former manager’s house at 9/60 Colonial Road, Birkenhead, requires the work listed below. It should be noted that ACPL does not yet have a finalized scope or set of costs for this work – therefore the list is indicative only at this stage. Prioritisation of work will almost certainly need to be undertaken once costs are confirmed:

– Interior and exterior repainting, including repainting of the roof

– General exterior repairs to timber work

– Repairs to cracked brickwork

– Refinishing work to floors and stained timberwork throughout the house

– New kitchen layout and fittings based on previous design

– New laundry at ground floor with permanent fitted ventilation

– Provision of ventilation to ground floor toilet and repair leak to window

– Installation of heat pumps to ground floor area

– Replace drapes/blinds throughout

– Trim back any trees from the house.

vi) The cottages at 1 – 8/60 Colonial Road, Birkenhead, require the following work:

– Stabilisation work

– Remedial drainage work

– Interior and exterior repainting

– General exterior repairs to timber work

– Repairs to cracked brickwork

– Refinishing work to floors and stained timberwork throughout the house

– New kitchen and bathroom fittings, potential redesign of layout

– Laundry upgrades

– Potential inclusion of new toilet facilities on upper levels

– Installation of heat pumps

– Replace drapes/blinds throughout

– General garden maintenance.

vii) Landscaping: while these properties are managed as residential tenancies, garden maintenance will remain basic.

5. ACPL will provide Community Policy and Planning a copy of this report for their reference in relation to reserve management planning activities.

Consideration

Local Board Views

6. This report is intended for the local board to inform their planning activities.

Maori Impact Statement

7. This report is an information only report. No engagement with iwi has been undertaken in gathering of this property management detail. If the local board elects to propose changes to the uses of these properties, consideration should be given to gathering views of local iwi with respect to any proposed changes.

Implementation Issues

8. ACPL understands there may be revenue allocation considerations specific to the Reserves Management Act 1977 in relation to these properties. ACPL provides all revenue gained from leases it manages to Council for allocation and does not have control or decision making power over that allocation. The local board will be able to allocate revenue as appropriate once the revenue and costs from these properties are streamed to the local board budget.

Attachments

There are no attachments for this report.

Signatories

Authors

Caitlin Borgfeldt – Engagement Advisor, Portfolio Review - ACPL

Authorisers

Margrit de Man – Property Portfolio Manager - ACPL

Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Birkdale and Beach Haven Early Learning Centres

File No.: CP2014/00807

Purpose

1. This report is to seek approval from the Kaipatiki Local Board to transfer the operations of the Birkdale and Beach Haven Early Learning Centres from the Birkdale-Beach Haven Community Project (BBCP) to Auckland Council.

Executive Summary

2. The Birkdale and Beach Haven Community Early Learning Centres are currently operated by the BBCP.

3. In 2013, the Ministry of Education (MOE) contracted a consultant to undertake a review of the Early Learning Centres (ELCs) following ongoing performance and compliance concerns dating back to 2010.

4. Auckland Council Pools and Leisure staff successfully operate eight Early Childhood Centres across Auckland under the license of “Kauri Kids”, three of which are located on the North Shore at Takapuna, Glenfield and East Coast Bays.

5. In late 2013, the MOE contacted Auckland Council as the building owner notifying them of the results of the review and their intention to close the ELCs due to ongoing noncompliance.

6. Through discussions between the MOE, Auckland Council Pools and Leisure and the board of the BBCP, a proposal has been agreed which would see the Birkdale and Beach Haven ELCs remain open with the management and operations transferring from the BBCP to Auckland Council Pools and Leisure Unit subject to the approval of the Local Board.

Recommendation/s

That the Kaipatiki Local Board:

a) approve the transfer of the management and operations of the Birkdale and Beach Haven Early Learning Centres to Auckland Council and the relicensing under the Auckland Council ‘Kauri Kids’ brand.

b) accept the inclusion of the proposed budget for both the Birkdale and Beach Haven Early Learning Centres into the Local Board budget effective from 1 March 2014, with all costs and revenue associated with the operations of these centres now the responsibility of the Kaipatiki Local Board.

c) request as a condition of the transfer that all Ministry of Education advanced funding received by the Birkdale-Beach Haven Community Project for operations from 1 March 2014 onwards be transferred to Auckland Council as soon as it is received and the transfer has been legally confirmed.

Discussion

7. The Beach Haven and Birkdale ELC are managed by the BBCP and have a license for 30 and 22 children respectively.

8. In 2010 both ELCs applied for relicensing under the 2008 MOE regulations and did not meet the minimum requirements. In 2012 the BBCP were granted an interim transitional license while they rectified the outstanding issues and brought the centres up to the minimum requirements.

9. The MOE contracted New Shoots Management in 2013 under the Strengthening Early Learning Opportunities contract to support the BBCP to bring the two ELCs in line with Early Childhood regulations following continual delays in addressing the issues identified.

10. In 2013, the MOE advised the BBCP that unless the outstanding issues were not addressed immediately that both ELCs would be forced to close due to non-compliance.

11. In late 2013, Auckland Council Pools and Leisure (Leisure) were asked to meet with representatives from the BBCP and the MOE to discuss the future of both ELCs and to see if an alternative solutions could be agreed to ensure the ELCs remained open and available to the community.

12. Auckland Council Pools and Leisure currently operate eight successful Early Childhood Centres across Auckland under the licence of ‘Kauri Kids’. Barbara Ludlow (the Auckland Pools and Leisure Early Childhood Manager) has significant experience in operating ELCs and a long relationship with the MOE, which led to the MOE contacting Barbara to help support a resolution to this issue.

13. Following a discussion between the MOE, the board of BBCP, and Council officers from Community Development Arts and Culture (CDAC) and Leisure, the BBCP board resolved to transfer the management and operations of both the Birkdale and Beach Haven ELCs to Auckland Council (subject to the approval by the Kaipatiki Local Board) to enable the continued operations of both centres. This proposal is fully supported by the MOE.

Proposal

14. It is proposed that the management and operations of both ELCs transfer over to and be managed by the Early Childhood Services team within the Leisure unit of Auckland Council. It is proposed that this occurs on the 1^st of March 2014, which is as early as practically possible to coincide with the MOE funding cycle and the MOE requirements to address the outstanding compliance issues.

15. This proposal would see all staff transfer over to Auckland Council and all costs associated with running the centres transfer over to the Kaipatiki Local Board budget, along with the revenue from both the MOE grants and enrolment fees (see proposed budget in attachment A).

16. Officers are working with Human Resources (HR) to address the transfer of staff and more details will be known about the process shortly.

17. Auckland Council is already the building owner, however all fixtures and fittings, resources and minor assets would also be transferred over to Auckland Council through a proposed Deed of Gift, which officers are working through with Council’s Legal Services unit to draw up.

18. As indicated in the draft budget, the financial impact of the proposal would be cost neutral and not have an adverse impact on the Local Board budget. This is a conservative budget and includes some contingency for unforeseen issues and initial setup costs and project management expenses to address the compliance-related issues, but it is expected that the operations would be returning a surplus within six months.

19. The maintenance and renewal of these facilities is already the responsibility of the Property Department within Auckland Council, but the costs of utilities will be transferred back to Council and is accounted for in the proposed budget.

Risks

20. The greatest risk associated with this proposal is the effective communication with staff and parents of both ELCs. It is essential that, if the transfer is approved by Local Board, an effective communication plan is developed to communicate exactly what is happening to provide parents and staff confidence in the process and the continuity of service of this valuable community service. Officers are currently working with the Communications and Public Affairs department to draft a communication plan to support this transfer if approved.

21. Officers are also working through other risks and will present a full risk register to the Local Board when this report is presented.

Consideration

22. The MOE have confirmed to the BBCP and Auckland Council that they will not grant a licence for either of the Birkdale and Beach Haven ELCs if the management of these facilities remain with the BBCP. In that event, these facilities will be required to close at the end of February 2014 when the transitional licence expires.

23. Auckland Council has the expertise and proven track record in managing Early Childhood Centres with three other centres located on the North Shore.

24. Should the Local Board not approve this proposal to transfer management to Auckland Council the facilities will close.

Local Board Views

25. N/A

Maori Impact Statement

26. N/A

General

27. More information regarding the budget, risks and mechanics for transferring the management to Auckland Council will be presented to the Local Board at the meeting as many of the fine details are still being worked through.

Implementation Issues

28. Given the tight timeframes for this transfer to occur if approved, there is some risk that not all of the details will be ready for the March 1 handover. Contingency plans will need to be drawn up that would need to be supported by the MOE, but allow management to remain with BBCP via an interim project manager appointed by Council. This arrangement would remain in place only through a transitional phase to allow the compliance issues identified by the MOE to be addressed.

Attachments

No.	Title	Page
a View	Beach Haven ECE	23

Signatories

Authors

Rob McGee - Manager Leisure – Parks, Sports and Recreation

Authorisers

Ian Maxwell - Manager Parks, Sports & Recreation

Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Monthly Local Board Services Report - February 2014

File No.: CP2014/00824

Purpose

1. The purpose of this report is to update the Board on various council and council-controlled organisation activities impacting Kaipātiki.

Executive Summary

2. The strategic updates in this report are:

· Local Board Agreement/Annual Plan

· Local Board Plan

3. The key issues in this report relate to the following:

· Local graffiti services

· Birkdale Beach Haven Community Project – Community houses

· Psychoactive substances

4. This report also considers some member training and development opportunities.

Recommendation/s

That the Kaipatiki Local Board:

a) approves the release of funding to Birkdale Beach Haven Community Project in three stages:

· upon completion and signing of the 2013 / 2014 funding agreement, $33,706.50 to be released (50%)

· two quarterly payments to follow of 25% - 31 March 2014 ($16,853.25) and 30 June 2014 ($16,853.25)

b) approves one member of the board to attend the ‘Making Good Decisions’ Foundation programme.

Discussion

Board Activities

5. Board Workshops

6. The Board workshop in December dealt with the following issues:

a) Chelsea reserve management plan

b) Croftfield lane stormwater pond development / public art at Wairau Valley

c) Northcote community constable office space

d) Proposed Unitary Plan.

7. An extraordinary workshop was held on 3 February which dealt with the following issues:

a) Proposed Unitary Plan

b) Local Board Plan engagement briefing.

8. The local board tour in December visited the following sites:

a) Chelsea Reserve

b) Birkenhead War Memorial Park (including Birkenhead Leisure Centre).

9. The following portfolio briefings were held before the end of 2013 (summary notes of which will be attached to the next quarterly report):

a) Transport Portfolio briefing – 27 November

b) Events Portfolio briefing – 9 December

c) Parks Portfolio briefing – 12 December and 19 December.

10. The following topics are planned for upcoming workshops in February:

a) Watercare key projects

b) Local Boards funding policy

c) Waste management and minimisation

d) Facebook / communications briefing

e) Wairau Valley Business Network scoping

f) Onewa Westbound T3 lane

g) Sport and Recreation Activity Plans.

11. Northern Workshops

12. A briefing was held with Kaipatiki and Devonport-Takapuna Local Board members on the Skypath project on 12 December.

Strategic Updates

13. ██ Local Board Agreement/Annual Plan

14. The draft annual plan (including the draft local board agreement) is now open for submissions. Submissions close at 4pm on Monday 24 February 2014. The Kaipātiki Local Board hearings are scheduled for Wednesday 26 March at 2pm.

15. Fees and charges – at the meeting on 11 December, the board resolved not to adopt the proposed fees and charges schedule at that time, and instead requested that:

‘officers to report back to the February meeting with remodelled fees and charges at the two swimming pools in Kaipātiki, specifically looking at:

i. retaining the current supervising adult charge ($1),

ii. retaining the current spectator charge ($0), and

iii. reducing the casual full aquatic access for seniors (to $4.30 for 2014 / 2015 and reducing to no charge over time).’

16. This information has not been made available in time for publication of this agenda and so will be revisited at a future meeting (in time for the final budget deliberations to be taken by the board).

17. ██ Local Board Plan

18. Members McIntyre, Hartley and G Gillon were delegated to approve the board’s engagement plan for the Local Board Plan at the meeting on 11 December. The three members subsequently reviewed and agreed the plan, activities from which have now commenced.

19. In summary, the board will be undertaking the following engagement activities as part of the informal engagement phase (ending 10 March):

· Regular communication and promotion of the plan with the board’s email networks and use of the board’s Facebook page

· Use of Caspar the Consulting Camper to take the plan out to the community, including attendance at the Summer Fun programme

· Collaboration with the Youth Board to engage with young people and the wider public on the plan

· Working with existing resident placemaking groups and identifying new groups to develop future initiatives based on residents’ priorities and preferences

· A hui with iwi with interests in the area, building upon already developing relationships

· Targeted workshops to ensure the voices of Kaipātiki’s diverse communities are heard

· A range of methods to give feedback, including online and paper feedback forms

· Public workshops to enable both individuals and key sector groups to feedback on area-wide priorities, preferences and projects.

Issues

20. 136 Birkdale Road

21. 136 Birkdale Road has now been purchased by Council. Further work will commence to determine the future use of the property.

22. Graffiti

23. The previous local board had been advised that following the region wide procurement process for graffiti there would be an opportunity for local service development in graffiti eradication and education through allocation of budget to local boards.

24. The Community Safety Forum determined in July 2013 that this identified budget would not be allocated to local boards.

25. Subsequent to that decision, the Kaipatiki Community Facilities Trust put forward a proposal for a graffiti eradication and education project in Kaipatiki which has been considered by officers within Community Safety. At the end of 2013 it was determined that the trust would be allocated $30,000 for the delivery of this project from the regional fund.

26. Birkdale Beach Haven Community Project

27. A separate report on this agenda provides an update on the Early Learning Centres which are co-located with Birkdale and Beach Haven Community Houses.

28. The following update has been provided by the Community Facilities team.

29. To date the funding grant allocated by the local board of $67,413 for 2013/2014 to Birkdale Beach Haven Community Project (BBCP) has not been released. This is due to BBCP being in breach of the terms of the funding agreement 2012 / 2013, failing to provide appropriate reporting and accountability for the centre’s operations and not completing the requirements for the 2013 / 2014 funding.

30. Council staff have since meet with BBCP and these issues are mainly resolved. In order to ensure continued support of the operation of the two centres, Council staff are seeking endorsement from the board to release these funds in three installments:

· upon completion and signing of the 2013 / 2014 funding agreement, $33,706.50 to be released (50%)

· two quarterly payments to follow of 25% - 31 March 2014 ($16,853.25) and 30 June 2014 ($16,853.25)

31. This will enable close monitoring of the reporting requirements and ensure delivery of agreed programming as per schedule 1 of the funding agreement is being met.

32. Council staff will continue to work with and support BBCP in the ongoing relationship and negotiations of the 2013 / 2014 funding agreement. The document includes three schedules covering: work programme, reporting requirements and a license to manage and occupy (this will supersede the requirement for a community lease which has expired).

33. Psychoactive Substances

34. Members have been provided with two updates in 2013 on the Psychoactive Substances Act. This monthly report provides a further update on Council policy work in development and seeks a decision on how the board would like to whether the board would like to pursue any local investigation which could inform the regional policy work underway.

35. The Psychoactive Substances Act (2013) is intended to ‘regulate the availability of psychoactive substances in New Zealand to protect health of, and minimise harm to, individual who use psychoactive substances’. Psychoactive substances are the active ingredients in party pills, energy pills and herbal highs.

36. The Act enables territorial authorities to make a local approved products policy for their district. This policy may specify where approved psychoactive substances may be sold, but the policy may not be so restrictive that the sale of approved products is effectively banned.

37. If territorial authorities choose to adopt a local approved products policy, they must use the special consultative procedure in accordance with section 83 of the Local Government Act 2002.

38. In September 2013, Auckland Council’s Regional Development and Operations Committee received a report on the proposed development of a local approved products policy and resolved:

That the Regional Development and Operations Committee:

a) approve officers from Community Policy and Planning to provide feedback to the Ministry of Health as they develop the regulations that will support the Psychoactive Substances Act 2013.

b) approve officers from Community Policy and Planning to undertake initial scoping and workplan development for a local approved products policy; noting that approval for the workplan will be sought following the completion of regulations that support the Psychoactive Substances Act 2013.

c) note that approval for extra budget requirements associated with the development of a local approved products policy will be sought from the Strategy and Finance Committee or its equivalent prior to the workplan being submitted for approval.

39. Currently, there are no enforcement mechanisms for local approved products policies. The enforcement mechanisms must be set out in regulations, which are under development by the Psychoactive Substances Regulatory Authority, operating within the Ministry of Health.

40. Detailed policy work will not commence until the draft regulations are made available by the Ministry of Health. In the meantime, local boards having a view on this issue are encouraged to provide a summary of their position to Community Policy and Planning to ensure that their views are reflected in any feedback provided by Council to MoH on the draft regulations. It is envisaged that once MoH releases draft regulations there will be little time available for comment, and therefore no opportunity for formal reporting / workshops with local boards on this.

41. It is anticipated that Community Policy and Planning will be reporting to the Regional Strategy and Policy Committee in March seeking endorsement of the development of a regional policy on psychoactive substances. Assuming this work is commissioned, local boards will have several opportunities (pre-draft development and once a draft has been written) to input into policy development (later in 2014).

42. The board may therefore choose to:

· Commission a small locally focused piece of research now which could feed into comment on the draft regulations, and subsequent policy development, or

· Await the regional policy development process for comment and input.

Member training and development

43. IPENZ Transport Ingenuity Conference

44. The Institute of Professional Engineers New Zealand (IPENZ) Transport Ingenuity Conference takes place on 23-26 March 2014 in Wellington. The draft programme for the conference includes presentations and roundtable discussions on transportation planning, cycling and active modes of transport, road safety and traffic management.

45. The cost of attendance at the conference is $943.48 +GST. Additional costs will be incurred for transport and accommodation. If the board would like to send a representative to the conference a decision will need to be made via this monthly report in order to enable securing a booking. The cost of attendance (and associated costs) would be funded through the member training budget allocated to each board (c.$1,500 for each member per annum).

46. ‘Making good decisions’ accreditation

47. ‘Making good decisions’ is a training, assessment and certification programme for RMA decision makers. In order to become an RMA decision maker (i.e. be appointed to a hearings panel for RMA decisions) elected members must undertake the accreditation programme.

48. There are currently no Kaipātiki Local Board members who hold this accreditation. The next available foundation programme dates are 7-8 May 2014, at a cost of $1906.09 +GST.

49. Central Council budget is available for one member per local board to be accredited. Any additional members would need to be funded through the member training budget (as per para 45 above).

Consideration

Local Board Views

50. Local board views are considered in the writing of this report.

Maori Impact Statement

51. This report has no specific impact on Māori.

Attachments

There are no attachments for this report.

Signatories

Authors	Sarah Broad - Senior Advisor
Authorisers	Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Auckland Transport Update on Issues Raised to January 2014 for the Kaipatiki Local Board

File No.: CP2014/01061

Purpose

1. This report provides an update on transport related issues raised by Local Board Members to January 2014. It also includes general information about matters of interest to the Local Board and Attachment ‘A’ the Schedule of Issues raised to January 2014.

2. If Local Board Members have any questions relating to the issues covered in Attachment ‘A’, they are respectfully requested to raise these directly with their Elected Member Relationship Manager, outside this formal meeting. Any questions raised will be reported in the next month’s list of issues raised.

Recommendation/s

That the Kaipātiki Local Board:

a) receive the Auckland Transport January 2014, Issues Update to the Kaipatiki Local Board.

Auckland Transport News

Auckland Transport Code of Practice (ATCOP) Consultation

3. Formal stakeholder consultation on Auckland Transport’s Code of Practice (ATCOP), the guide for those involved in developing and maintaining transport infrastructure in Auckland, has been extended until 31 March 2014.

4. ATCOP 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. It applies to all new transport infrastructure and upgrades to existing infrastructure, including new subdivision development.

5. Auckland Transport reviewed the transport-related infrastructure standards of the previous councils which were amalgamated to form Auckland Council and its related Council Controlled Organisations. The previous councils’ infrastructure standards varied across the Auckland region, with inconsistencies that caused confusion and uncertainty in the application of Auckland-wide transport-related infrastructure standards, so ATCOP will provide the much needed consistency for all of Auckland.

6. The processes, standards and details articulated in ATCOP reflect the importance of a considered approach to the development, construction and care of the region's transport system, with robust engineering details, quality standards, defined layouts, whole-of-life design, value for money and robust construction across the entire network.

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

Campaign Launched to Encourage Cycling

8. Auckland Transport 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 aimed at improving the skill level and confidence of cyclists and to increase their knowledge of safe cycling behaviour.

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

10. 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.

11. 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

12. A key focus of the campaign is to personalise cyclists through the use of specific course related videos.

13. These videos promote beginner bike sessions, basics of bike maintenance and the novice on-road training course. The people we have interviewed actually took part in one of our 2013 spring cycling training courses.

· Novice - http://youtu.be/AovpOy5TRNY

· Beginner - http://youtu.be/ygsYrpeOHnA

· Maintenance - http://youtu.be/7jpTpqBFx3c

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

AT HOP – Implementation Ritchies and the Northern Express

14. The AT HOP card will launch on Ritchies and the Northern Express buses on 2 February 2013.

15. Introduction of the AT HOP card has been extensively promoted through all media and Auckland Transport ambassadors will be handing out brochures at key bus stops on Ritchies and Northern Express bus routes and on school bus routes serviced by Ritchies.

16. Auckland Transport arranged a special Local Board Briefing which was held on 16 January 2014 to present to all Local Board members on the progress of the roll-out of AT HOP and to answer any specific questions.

17. The AT Hop Card is a reusable prepay smart card that will give Aucklander’s one card for use on trains, ferries and buses.

18. AT HOP allows travel on trains and buses with uniform fare types, prices and discounts across the Auckland Region (excludes NiteRider bus service) and specific ferry fares and prices by route.

19. The AT HOP card stores value, either as HOP Money or as a Monthly Pass for Trains and Buses. HOP money is like having pre-loaded credit on the AT HOP card. Which gives at least 10% discount off single trip cash fares (excludes NiteRider bus service) and travel for free on Red City Link buses, unless there is a negative balance on the AT HOP card, in which case a cash fare is payable.

20. AT HOP establishes uniform ticketing technology on Auckland Public Transport service providers, which will allow the next steps in public transport ticketing over the next few years, including possible time based travel within geographic zones.

21. As AT HOP continues to be rolled out across the bus services some existing cards, tickets and passes are being withdrawn. Customers using these are encouraged to plan ahead to transition the AT HOP Card.

Consideration

Local Board Views

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

Maori Impact Statement

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

General

24. The activities detailed in this report do not trigger the Significance Policy, all programmes and activities are within budget/in line with the Council’s Annual Plan and LTP documents and there are no legal or legislative implications arising from the activities detailed in this report.

Implementation Issues

25. There are no implementation issues.

Attachments

No.	Title	Page
a View	Kaipatiki Issues List	37

Signatories

Authors

Marilyn Nicholls - Elected Member Liaison, Auckland Transport

Authorisers

Roger Wilson – Elected Member Liaison Manager, Auckland Transport

Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Greenslade Reserve Public Convenience

File No.: CP2014/00397

Purpose

1. To provide background information on the proposed development of a toilet and changing facility for Greenslade Reserve in Northcote and to provide options for the Kaipatiki Local Board to re-assess the scope of the project.

Executive Summary

2. The Greenslade Reserve public convenience was planned to be completed by the end of the current financial year. Planning was undertaken in 2012/2013 and concept designs were presented to the Local Board on 11 September 2013. The board endorsed the approach of working with the Northcote Mainstreet Association to come up with a draft design to go out to consultation with stakeholders and the local community.

3. On 11 September 2013, the Board resolved as follows (resolution number KT/2013/288):

MOVED by Member LJ Waugh, seconded Member KJ McIntyre:

That the Kaipātiki Local Board:

e) endorses the approach of officers working with Northcote Mainstreet to establish a preferred design for the Greenslade Reserve toilets, and nominates the Parks portfolio holder, Parks portfolio deputy, and the board Chair to work with officers to consult on those options requested by Northcote Mainstreet.

4. The final draft design was approved by the association and brought to the Kaipatiki Local Board parks portfolio holders meeting on 12 December 2013. At this meeting, questions were raised about whether the scope of the project was appropriate and officers have investigated a number of options for consideration by the Board.

5. The options are:

a) To proceed with current project scope

b) Reduce the scope of the current project, but retain current level of service

c) Reduce scope of the current project and reduce current level of service

d) Postpone or cancel the project.

6. Because this project is so far advanced and resources and funding have already been committed to the project, it is recommended that the project continues in line with the current scope. Should this be supported by the Board, officers will bring the final draft design to the delegated members for approval to go out for consultation with key stakeholders and the community as per the previous resolution.

Recommendation/s

That the Kaipatiki Local Board:

a) support the current scope of the Greenslade Public Convenience project.

Discussion

Background

7. Kaipatiki Local Board funding has been allocated to replace the toilet facility and include a changing facility at Greenslade Reserve. $52,000 was allocated for planning and design in 2012/2013 and a further $375,671 for construction in 2013/2014. $60,000 has been committed to this project so far.

8. During the planning and design stages, feedback was received from the Local Board that the public convenience was in a high profile location and should become a gateway to the future development of the Northcote Shopping Centre. The Board advised Parks, Sports and Recreation to liaise with City Transformation and Auckland Transport to create a building that would be both functional and incorporate the town centre design aspects such as style, colour and form. An example of this is that the colours of the new city transformation logo have been carried across in to the public convenience design.

9. Dixon Wild Architects was the successful tenderer, winning the contract though a standard competitive procurement process ahead of two other design teams. Three concept designs were presented to the Local Board on 11 September 2013. At that meeting, the Board endorsed the approach of officers working with the Northcote Mainstreet Association to produce a final draft design for public consultation. The architects and project manager met with the association and refined the design in line with their feedback, as well as feedback received from Auckland Council Stormwater, City Transformation and Auckland Transport teams. Further engagement with the Board and other stakeholders was anticipated.

10. The refined design was brought to the parks portfolio meeting on the 12 December. At this meeting, the members present requested to look at other options for this project.

11. The project was originally planned for completion this financial year, but is now on hold. Should the original scope be endorsed by the Board the project will not be completed by June 2014 as previously envisaged, but could be completed by the end of the calendar year. Changes to the scope will need to have new timeframes and budgets confirmed.

Current project scope

12. The purpose of the project is to construct a new combined toilet and changing room/storage facility at Greenslade Reserve to:

· Improve facilities for existing user groups

· Continue and improve provision of public toilet facilities

· Future proof the reserve for increased use after the new sand field has been installed in 2018/19

· Eliminate the need to hire portacoms on an annual basis for the league season.

13. The new public convenience includes toilets with public access and toilets, changing rooms and storage for access by clubs using the reserve. The toilet facility will replace the previous toilet that was damaged beyond repair and removed.

14. Parks, Sports and Recreation have been providing portacoms as temporary changing facilities for the winter codes since 2010. The proposed facility including changing rooms and storage will eliminate the need to hire portacoms on an annual basis during the rugby league season.

15. The Sportsfield Capacity Development Forum recommends that changing rooms are provided for all senior sports, which has become a standard for all upgrades. Some examples of similar one field reserves with toilets and changing facilities are Stafford Park and Mairangi Bay Park, with a new project planned for Ashley Reserve in Long Bay.

16. Dixon Wild Architects is currently contracted to complete the detailed design, consultation, consenting and construction monitoring phases under a standard Auckland Council professional services contract. They have developed the concept designs for this new facility.

Project justification and Reserve use

17. The Greenslade Reserve is zoned Recreation 4 under the North Shore City Council District Plan. The predominant use of the sportsfield is by the Northcote Tigers Rugby League Club and as an occasional overflow training and match venue for the Northcote Rugby Football Club.

18. Currently the use of the field over winter is limited to 5 hours training time and 3 hours competition time. This effectively means around two training evenings and two games on weekends. Once the sportsfield is upgraded in the 2018/19 the use of the park is anticipated to increase to capacity. The fields are also used by North Harbour Junior Cricket during the summer months and for community events, such as the local Pacifica Festival and overflow car parking for events at the Northcote Shopping Centre.

19. The sportsfield's training lights were renewed in the 2012/2013 financial year to provide for improved training facilities for rugby code training across the Kaipatiki Local Board area. The sportsfield at Greenslade Reserve is scheduled in the Auckland Council Sportsfield Capacity Development Programme (SFCD) for an upgrade to a sand field standard in the 2018/19 financial year. The current concept design for the toilet/changing room takes this into consideration.

Project options

20. Attachment A contains an analysis of options to change the project scope and levels of service. If the scope is changed, further work will need to be undertaken to confirm costs, timeframes etc.

Consideration

Local Board Views

21. Local Board views on the scope of this project are being sought through this report.

Maori Impact Statement

22. Iwi engagement will be undertaken as part of the consultation process.

Attachments

No.	Title	Page
a View	Greenslade Public Convenience - Options Analysis	47

Signatories

Authors

Adi James - Parks Advisor

Authorisers

Ian Maxwell - Manager Parks, Sports & Recreation

Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Appointments to Outside Organisations

File No.: CP2014/00309

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 (LGNZ).

Executive Summary

2. 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. It includes the appointment delegated to the local board by the governing body (Resolution GB/2013/126).

3. At its meeting on 11 December 2013 the local board deferred consideration of its appointments to outside organisations to this meeting. This report provides details of the appointments and outlines the relevant appointments for the board’s consideration. This report also includes an additional appointment arising since the original report.

Recommendation/s

That the Kaipatiki 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
Mainstreet Organisations and Business Improvement Districts
Birkenhead Town Centre Association	Appointment made 13/11/2013 (Member G Gillon)
Northcote Mainstreet Association	Appointment made 13/11/2013 (Member L Pigg)
*Liaison Groups*
Bayview Community Centre
Glenfield Community Centre Governance Group
Kauri Point Centennial Park Committee
Northart
Friends of Shepherd’s Park
Highbury Community House
Birkdale Beach Haven Community Project
North Shore Events Centre
*Stakeholder groups*
Beach Haven Residents Association
Onepoto Awhina
*Trusts*
Kaipãtiki Community Facilities Trust
Northcote Citizens Centre Management Trust
North Shore Centre for Maritime Education Trust
North Shore Heritage Trust – joint appointment (Devonport-Takapuna, Kaipãtiki, Upper Harbour and Hibiscus and Bays)

Discussion

4. 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.

5. 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 or wanting that a board member be nominated for liaison purposes.

· 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

6. 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.

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

· better understand the purpose of the organisation

· clarify and define its relationship with council

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

· clarify the time commitment expected of appointed members.

8. In addition a small number of new appointments are being proposed.

9. A brief overview of the role with these outside organisations is set out in Attachment A.

10. 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.

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

12. In making decisions about these appointments, it is suggested that local boards are 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.

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

Local Government New Zealand

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

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

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

BID Partnership Programmes

17. 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 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.

18. There are two local Mainstreet or Business Improvement Districts in the Kaipatiki Local Board area.

19. 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.

20. 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.

21. 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.

22. At its meeting on 13 November 2013, the board appointed Member Grant as liaison for Birkenhead Town Centre Association and Member Pigg as liaison for Northcote Mainstreet Association. It has been past practice for the board to appoint both a representative and an alternate when considering outside appointments.

Conflicts of interest

23. There is the potential for a conflict of interest between a board member’s role on the board and a board member’s role on an outside organisation. Whether or not such a conflict exists will be dependent on the particular issue under consideration and the nature of the relationship between the board and the outside organisation.

24. As a general rule where a local board member is appointed to a local organisation as a council representative, the board member should not participate in local board decisions on the local organisation, where the local board member could appear to favour the local organisation over other organisations - e.g. choosing grant recipients, or hearing submissions from a range of submitters.

25. This general rule will not apply to all local board decisions involving the local organisation. In particular, a local board member who is appointed to a local organisation can still take part in local board discussions and decisions on local board agreements, because the decisions on the local board agreement are at a high strategic level. In other words, the local board agreement provides a general indication of local board decision-making for the year, but it is not, itself, the actual decision. For example, the local board will still have to make separate resolutions to start or carry out the projects listed in the local board agreement. Further guidance on conflicts of interest can be found in the
Code of Conduct for Elected Members and from the Auditor General.

Consideration

Local Board Views

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

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

Maori Impact Statement

28. 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

29. 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.

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

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

Implementation Issues

32. The venues for Local Government New Zealand Zone One meetings are shared across the entire Zone One area, and members may incur some travel costs as a result of appointment.

Attachments

No.	Title	Page
a View	Appointments to Outside Organisations	55
b View	Local Government New Zealand	59
c View	Business Improvement Districts	61

Signatories

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

Kaipātiki Local Board

12 February 2014

Proposed Auckland Unitary Plan submission - local board input

File No.: CP2014/00850

Purpose

1. The purpose of this report is to approve the board’s input to the Auckland Council submission on the Proposed Auckland Unitary Plan (PAUP) to the independent Hearings Panel.

Executive Summary

2. Auckland Council is preparing a submission on the PAUP which will be approved by the Governing Body on 27 February 2014. Local boards have had the opportunity to input into the submission through participation in joint workshops with the Unitary Plan Committee.

3. Local boards also have the opportunity to provide written input that will be included as part of the Auckland Council submission.

4. The board’s draft input will be tabled at the meeting.

Recommendation/s

That the Kaipatiki Local Board:

a) approves the tabled document as the board’s written input to the Auckland Council submission on the Proposed Auckland Unitary Plan (PAUP);

b) requests that officers seek confirmation from the chair of the Independent Hearings Panel that local boards will have the opportunity to speak to the Panel about issues relevant to the local board area.

c) delegates to the Chairperson the authority to clarify the content of this input and any other matters requested by the Governing Body and / or the Independent Hearings Panel.

Discussion

5. The PAUP was publicly notified in September 2013, with submissions closing on 28 February 2014.

6. Auckland Council will make a submission to the Independent Hearings Panel on the PAUP. The proposed scope of the Council submission is limited to identifying errors, clarifying interpretation of matters and incorporating new information (for instance plan change decisions) since the Governing Body decision to notify the PAUP.

7. While the Governing Body has decision making responsibility for the submission, it is intended to be a “whole of Auckland Council” submission that includes the views of local boards. Boards have been involved in the development of the Unitary Plan since mid-2012 via community engagement activity, provision of formal feedback, joint workshops, a political working party and speaking rights at Auckland Plan Committee meetings making decisions on the notified version of the Unitary Plan.

8. During November and December 2013, the Unitary Plan Committee held a series of workshops to provide guidance to officers drafting the submission. Local board chairs were invited to attend and participate in these workshops.

9. The Chief Planning Officer has recommended that local boards contribute to the submission in the following ways:

· Encourage and support community members within their local board area to make their own submissions on the PAUP.

· Contribute to the development of the “whole of Auckland Council” submission including identifying any errors and new information since the Governing Body decision on the PAUP, and participating in Unitary Plan Committee deliberations on the submission on the PAUP.

· If the local board so wishes, it can include a statement of “community views” that would form part of the “whole of Auckland Council” submission.

· It is proposed to recommend to the chairperson of the Independent Hearings Panel that the Panel provide the opportunity for local board chairs to orally present any community views included in the “whole of Auckland Council” submission.

10. In addition to participation at the Unitary Plan Committee workshops, the board has chosen to provide the attached written input for inclusion with the Council submission on the PAUP.

11. If it is agreed with the chair of the Independent Hearings Panel, the board requests the opportunity to speak to the Panel at the appropriate stage in the process about their community’s views.

Consideration

Local Board Views

12. Local board feedback on the Unitary Plan has been submitted at the initial stakeholder engagement phase (November 2012) and on the draft Unitary Plan (July 2013). Local board chairs were also given speaking rights at the Auckland Plan Committee meetings during August 2013 that agreed to notify the Proposed Auckland Unitary Plan.

Maori Impact Statement

13. The PAUP will impact on Maori and it is understood that specific engagement is occurring with Mana Whena and Maatawaka who also have the opportunity to lodge a submission on the PAUP.

General

14. In the preparation of feedback on the draft Unitary Plan prior to notification, the local board workshopped Unitary Plan topics with community representatives and engaged in a number of community consultation sessions.

Implementation Issues

15. It has not yet been confirmed whether the Independent Hearings Panel will agree to meet with individual local boards as part of the hearings process.

Attachments

There are no attachments for this report.

Signatories

Authors	Sarah Broad - Senior Advisor
Authorisers	Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Hearing dates for the Kaipātiki Local Board hearings for the Annual Plan 2014/2015

File No.: CP2014/01089

Purpose

1. The purpose of this report is to approve the Kaipātiki Local Board hearing dates for the Annual Plan 2014/2015.

Executive Summary

2. The Local Government Act 2002 and the Local Government (Auckland Council) Act 2009 require Council to use the special consultative procedure to adopt the Annual Plan, and to ensure any person submitting on the Annual Plan is given reasonable opportunity to be heard.

3. The Governing Body agreed the approach to submissions and hearings at its meeting on
19 December 2013. It was agreed that local hearings use the traditional style hearings process, with a forum option being assessed if a local board has a large volume of submissions. The Governing Body also agreed that submissions containing both regional and local content will default to the local hearings panel to be heard.

4. The Kaipātiki Local Board needs to approve the dates for the local hearings and deliberations.

Recommendation/s

That the Kaipātiki Local Board:

a) approves local Annual Plan hearings to take place on Wednesday 26 March 2014 at 2.00pm in the Kaipātiki Local Board Office, 90 Bentley Avenue, Glenfield

b) approves deliberation of Annual Plan submissions be conducted at the ordinary monthly business meeting on Wednesday 9 April 2014 at 9.00am in the Kaipātiki Local Board Office, 90 Bentley Avenue, Glenfield.

c) adopt the Local Board Agreement at the ordinary monthly business meeting on Wednesday 11 June 2014 at 9.00am in the Kaipātiki Local Board Office, 90 Bentley Avenue, Glenfield.

Discussion

5. The Local Government Act 2002 and the Local Government (Auckland Council) Act 2009 requires Council to use the special consultative procedure to adopt the Annual Plan, and to ensure any person submitting on the Annual Plan is given reasonable opportunity to be heard.

6. The Local Government (Auckland Council) Act 2009 also requires each local board to complete a local board agreement with the governing body, for each financial year. The Annual Plan must include the local board agreement for each board.

7. The Governing Body agreed the approach to submissions and hearings at its meeting on 19 December 2013. It was resolved as follows:

That the Governing Body agree:

a) that annual plan local hearings follow the traditional style hearing process, with the forum option to be assessed for Local Boards that have large volumes of submissions.

b) that regional hearings predominantly use forum style hearings with very limited and tight criteria for selecting key stakeholders who will be heard in traditional style.

c) that forum style regional hearings are divided into days which are allocated to business, community groups and individuals, with the individual hearing possibly having some topic-based tables.

d) that the regional hearings panel divide into panels should the number of key stakeholders become too great for all to be heard in the time allowed for traditional regional hearings, thereby allowing more key stakeholders to be heard in the timeframe available.

e) that submissions containing both regional and local content will default to the local hearings panel to be heard, noting that if a significant volume of regional submissions are received, they may also be allocated to local hearings.

f) that the ward councillor(s) be part of the local hearings panel, with other councillors scheduled where appropriate to ensure a minimum of two councillors are present at each local hearing to hear regional issues. Other councillors will attend voluntarily as schedules allow.

g) that the following reporting requirements be approved:

i) One regional hearing report and 21 local board hearing reports be prepared covering statistics on submissions received locally and regionally, with a brief high-level analysis of key themes and topics.

ii) Analysis of submissions be provided for one regional deliberation report to the Budget Committee, and 21 local board deliberation reports to the relevant local boards.

h) that subject matter expert comments are captured for inclusion in deliberation reports if requested from the hearings process.

i) that response letters be provided as follows:

i) Key stakeholders are provided with a customised response letter signed by the Chair of the Budget Committee.

ii) Other regional submitters are provided with a generic response letter, which includes key issues and decisions.

iii) Local boards will prepare their own responses to local submitters, via Local Board Services, with support from subject matter experts where required.

j) that the Chair of each hearings panel decide on whether late submissions can be heard.

k) that the Deputy Chair of the Budget Committee be delegated to work with officers to make further decisions on the operation of the hearings.

CARRIED

8. The Kaipātiki Local Board needs to approve the dates for the local hearings, deliberations and adoption of the Local Board Agreement.

9. It is proposed that the local Annual Plan hearings, to hear the submissions for the Kaipātiki Local Board area, are scheduled as follows:

· Wednesday 25 March 2014 - Initial hearing date

· Wednesday 9 April 2014 - Deliberations meeting/including ordinary business meeting

10. The hearing days will be treated as one meeting with one agenda. The deliberations meeting will be held as part of the ordinary April business meeting.

11. The adoption of the Local Board Agreement will be held on Wednesday 11 June 2014.

Consideration

Local Board Views

12. Local Board views will inform decision-making on this report. Local Board Services will also further discuss the hearings options once the volume of local submissions is known.

Maori Impact Statement

13. A submission form is available in Te Reo Maori. Translators will be available for submissions received in Te Reo Maori, or where a submitter wishes to speak Te Reo Maori at a hearing.

Implementation Issues

14. Local Board Services will manage the local hearings process. No particular implementation issues are anticipated.

Attachments

There are no attachments for this report.

Signatories

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

Kaipātiki Local Board

12 February 2014

Feedback on the animal management bylaw review

File No.: CP2014/01030

Purpose

1. The purpose of this report is for the Kaipatiki Local Board to provide feedback on the animal management bylaw review recommended options.

Executive Summary

2. Local boards have been invited to submit feedback on the proposed recommendations for the animal management bylaw review. The review covers the following animal management issues:

· Keeping companion cats

· Stray cat management

· Keeping poultry in urban areas

· Keeping beehives

· Recreational horse riding in public places

· Livestock management

· Management of wild birds

· Animal pest management

· Animal slaughter.

3. This review does not cover any facet of the management of dogs.

Recommendation/s

That the Kaipātiki Local Board:

a) provides feedback on the recommended options for the animal management bylaw review.

Discussion

4. Auckland Council is reviewing 18 legacy bylaws with animal management provisions. The intention of the review is to create a consistent approach to animal management across Auckland that enables the keeping of animals in a way that is not likely to cause a nuisance or risk public health and safety.

5. A memorandum detailing the background, process and timeframe for this review is attached as Attachment A and was sent to local board chairpersons and regulatory portfolio holders in mid-January. In summary, after feedback from local boards, a recommended animal management bylaw will be reported to the Regulatory and Bylaws Committee for a decision on formal notification and consultation by May 2014. It is intended that public submissions will open in mid-2014, followed by hearings. A decision and adoption of a final bylaw is expected in late 2014.

6. A summary of the issues and proposed recommendations and approaches is attached as Attachment B. It is recommended that the Kaipatiki Local Board provides feedback on these issues and proposed recommendations and approaches.

Consideration

Local Board Views

7. This report gives the board the opportunity to resolve a formal position on each of the identified issues and proposed recommendations.

8. The regulatory portfolio holder of the previous Kaipatiki Local Board met with Council officers in late 2013 for a discussion on these issues.

Maori Impact Statement

9. No specific impacts on Maori have been identified.

Implementation Issues

10. There are no implementation issues.

Attachments

No.	Title	Page
a View	Memo outlining animal management review	73
b View	Issues and recommended options for animal management bylaw review	75

Signatories

Authors	James Liddell - Senior Advisor Local Board Services
Authorisers	Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Memo 13 January 2014

To: Chairs of local boards and regulatory portfolio holders

Cc: Local board advisors

From: Emma Pilkington, Policy Analyst, Policies and Bylaws

Subject: Options review to address animal management issues

As you may recall, the council is undertaking a review of animal management bylaws. The purpose of this memorandum is to provide an opportunity for local boards or individual members to provide feedback on options to address animal management issues.

Background

The council is reviewing eighteen bylaws with animal management provisions that seek to minimise potential nuisance, protect public health and safety, and minimise offensive behaviour in public places.

The review seeks to create a consistent approach to animal management, and to enable the keeping of animals in a way that is not likely to cause a nuisance or risk public health and safety.

Pre-consultation on animal management issues

Last year the Policies and Bylaws team engaged with local boards on animal management issues. Engagement showed that local boards largely support issues to be managed on complaint through negotiation (as is currently the case), as opposed to providing new animal management services. The following issues were identified:

· Keeping companion cats

· Stray cat management

· Keeping poultry in urban areas

· Keeping beehives

· Recreational horse riding in public places

· Livestock management

· Management of wild birds

· Animal pest management; and

· Animal slaughter.

Options

Practicable options to address the above animal management issues include relying on existing regulation, using non-regulatory initiatives, general nuisance regulation in a bylaw, and specific standards in a bylaw.

Attachment B outlines the scale and size of issues, how each option could be used, and recommended options to address each issue. Recommendations are multi-faceted and are considered appropriate in relation to the council’s role and the role of other groups in regulating or managing animals.

Local Board Feedback

Please provide your feedback on preferred options in Table A: Local board feedback (the last page of Attachment 1) and send it to Emma.Pilkington@aucklandcouncil.govt.nz by Friday 14 March 2014.

Please indicate whether feedback is the view of an individual member (informal) or board (formal) view. Informal feedback will be considered by officers but not reported. If local boards wish to provide formal feedback, this will need to be provided within the same timeframe (Friday 14 March 2014).

Local boards will have another opportunity to provide feedback following the public notification of a draft bylaw in mid 2014 (see next steps).

Next steps

It is intended that the Regulatory and Bylaws Committee will be recommending a draft animal management bylaw for formal public consultation by May 2014. It is intended that the draft will be publicly notified in mid 2014 for submissions. Submissions will be considered at hearings, and a final decision made in late 2014.

If you have any queries please do not hesitate to contact me by email at Emma.Pilkington@aucklandcouncil.govt.nz or by phone on 09 484 7168.

Yours sincerely,

Emma Pilkington

Policy Analyst, Policies and Bylaws

Regional and Local Planning

Encl

Kaipātiki Local Board

12 February 2014

Local board feedback on the Local Government Act Amendment Bill

File No.: CP2014/01324

Purpose

1. The purpose of this report is for the Kaipatiki Local Board to provide feedback or a submission on the Local Government Act 2002 Amendment Bill (No. 3) should it wish to do so.

Executive Summary

2. The Local Government Act 2002 Amendment Bill (No. 3) had its first reading in late 2013. Auckland Council will be making a submission on the bill and local boards have the opportunity to have their views attached to this submission. Any local board feedback must be provided by 13 February.

3. The bill is part of the Government’s Better Local Government reform programme and includes statutory changes such as:

· Amendments to how development contributions are taken and spent;

· Allowing councils throughout New Zealand to establish local boards;

· More flexible consultation processes for councils, including removal of the mandatory use of the special consultative procedure (SCP) for certain consultations and amendments to the SCP process generally.

Recommendation/s

That the Kaipātiki Local Board:

a) provides feedback or a submission on the Local Government Act 2002 Amendment Bill (No. 3).

Discussion

4. The bill proposes reform in four areas:

· Planning, consultation and reporting practices;

· Infrastructure provision;

· Development contributions;

· Establishment of local boards outside of Auckland.

5. Some of the more significant reforms proposed across those four areas include:

· Reduced mandatory requirements to use the special consultative procedure;

· Long term plan (LTP) and annual plan consultation based on specially prepared (and brief) consultation documents rather than full versions of those plans;

· The mandatory preparation of 30 year infrastructure strategies;

· The narrowing of the range of infrastructure that can be funded by way of development contributions;

· The creation of an objection process for development contributions decisions.

6. Further discussion of these issues can be found in the report to the Regional Strategy and Policy Committee in December 2013 (attached as Attachment A) and the memorandum sent to all elected representatives in November 2013 (Attachment B).

7. Local board chairpersons and deputy chairpersons were invited to a briefing and feedback session on the draft Auckland Council submission in late January. The presentation given to this briefing, summarising the main points of the proposed Auckland Council submission and some major impacts the bill might have on Auckland Council, is attached as Attachment C.

8. Discussion and feedback from these local board representatives focused on the following issues in the bill and the proposed Auckland Council submission:

· Changes to the development contributions in the bill, particularly the removal of libraries and swimming pools, sports related infrastructure on reserves, and play equipment, public toilets and amenities on reserves, from the community infrastructure that can be funded by development contributions;

· The proposed inclusion in the Auckland Council submission of a request for the bill to prohibit local board members from sitting on more than one local board. (This is not currently in the bill.)

9. The text of the bill can be found at: http://www.legislation.govt.nz/bill/government/2013/0165/latest/DLM5706806.html?src=qs

Consideration

Local Board Views

10. At the briefing in late January, local board chairpersons and deputy chairpersons were generally opposed to the bill’s proposed changes to narrow the range of infrastructure that can be funded by way of development contributions. They were also generally opposed to Auckland Council requesting that the bill include a prohibition on local board members sitting on more than one board, and asked that the Governing Body consult local boards before making this policy decision.

Maori Impact Statement

11. The bill does not directly address issues of Maori in local government.

Implementation Issues

12. There are no implementation issues.

Attachments

No.	Title	Page
a View	Report to the Regional Strategy and Policy Committee on the Local Government Act Amendment Bill	89
b View	Memorandum to elected representatives on the Local Government Act Amendment Bill	93
c View	Presentation to local board representatives on the Local Government Act Amendment Bill and the Auckland Council submission, January 2014	97

Signatories

Authors	James Liddell - Senior Advisor Local Board Services
Authorisers	Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Report from Governing Body 19 December 2013

File No.: CP2014/00108

The Governing Body presents the following report from its meeting held on 19 December 2013.

11 Auckland Harbour Bridge Pathway Project – Information Report

(was item 11, File No. CP2013/26853)

That the Governing Body:

a) receive the report on the Auckland Harbour Bridge Pathway project.

b) request that a copy of this report be forwarded to the Kaipatiki, Waitematā and Devonport-Takapuna Local Boards for their information.

C1 Auckland Harbour Bridge Pathway Project

Resolution number GB/2013/164

MOVED by Cr LA Cooper, seconded by Mayor LCM Brown:

That the Governing Body:

d) request that the Kaipatiki, Waitematā and Devonport-Takapuna Local Boards appoint a member to the project steering group. This steering group would consist of the CEO of Auckland Tourism, Events and Economic Development as Project Sponsor, a representative from each of the Kaipatiki, Waitematā and Devonport-Takapuna Local Boards; an appropriate officer representing Auckland Council and each of the relevant Council Controlled Organisations (Auckland Transport, Waterfront Auckland, and Auckland Tourism, Events and Economic Development), and a representative from the New Zealand Transport Agency. Those Councillors from these Local Board areas would also be invited to attend Steering Group meetings.

Recommendation/s

That the Kaipatiki Local Board:

a) receive the report on the Auckland Harbour Bridge Pathway project.

b) appoint a member to the Auckland Harbour Bridge Pathway project.

Mayor Len Brown

CHAIRPERSON

Auckland Harbour Bridge Pathway Project - Information Report was circulated to the board members under separate cover and is available for public viewing through the Auckland Council website agendas and minutes page: http://infocouncil.aucklandcouncil.govt.nz/

No.	Title	Page
a View	Auckland Harbour Bridge Pathway Project - Information Report with attachments (Under Separate Cover)

Signatories

Authors	Elaine Stephenson - Democracy Advisor
Authorisers	Eric Perry - Relationship Manager

Kaipātiki Local Board

12 February 2014

Applications for Special Exemptions under Section 6 of the Fencing of Swimming Pools Act 1987

File No.: CP2013/29223

Purpose

1. The purpose of this report is to present the Local Board with applications for special exemption 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 the applications for special exemption. The Local Board must resolve to decline, grant or grant subject to conditions, the exemptions sought.

Recommendation/s

a) That the Kaipatiki Local Board grant the following applications for special exemption, subject to ongoing compliance with NZS8500-2006 Section 3.10 at all times:

i) Graham Lewis, 2 Mayfield Road, Glenfield.

ii) John Webley, 2/298A Wairau Road, Glenfield.

iii) Ross Jessop, 2/117 Chivalry Road, Glenfield.

iv) Matt McDowell, 91 Monarch Avenue, Hillcrest.

v) Cary Mellow, 171 Queen Street, Northcote Point.

vi) Claire & Simon Amos, 17 Lynden Ave, Hillcrest.

vii) David & Vicky Templeman, 25 Sunset Road, Totaravale.

viii) Ian Cannan, 10 Seaview Ave, Northcote.

Discussion

3. Auckland Council pool inspectors have inspected the properties, which are the subject of an application before the Local Board. In each case, the swimming pool fencing does not comply with that Act. The details of non-compliance are specified in the attachments to this report. The applicants have 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.

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

12. 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.

13. 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.

14. The Local Board may resolve to grant, grant subject to conditions, or decline an application for special exemption. If an application is declined the applicant will be required to fence their pool in accordance with the Act.

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

16. The Council is committed to ensuring that 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.

Consideration

Local Board Views

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

Maori Impact Statement

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

General

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

20. Council’s pool inspectors have consulted with the applicants. The 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

21. The decision must be made by resolution.

Attachments

No.	Title	Page
a View	2 Mayfield Road - Confidential
b View	2/298A Wairau Road - Confidential
c View	2/117 Chivalry Road - Confidential
d View	91 Monarch Ave - Confidential
e View	171 Queen Street - Confidential
f View	17 Lynden Avenue - Confidential
g View	25 Sunset Road - Confidential
h View	10 Seaview Avenue - Confidential

Signatories

Authors

Mark Satherley - Team Leader Compliance and Enforcement

Authorisers

Ian McCormick - Manager Building Control

Eric Perry - Relationship Manager

Record of Workshop

What: Kaipātiki Local Board Workshop

Where: Kaipātiki Local Board Office, 90 Bentley Ave, Glenfield

When: 9:00am, Wednesday, 4 December 2013

Who: Kaipātiki Local Board Members:

Chairperson: Kay McIntyre QSM

Deputy Chairperson: Ann Hartley JP

Danielle Grant

Lindsay Waugh

Richard Hills – from 9:07am

Presenters:

Auckland Council:

Louise Prew – Policy Analyst, Community Policy & Planning

Rebecca Kunin – Arts & Culture Advisor (North/West)

Mark Osborne – Arts & Culture Senior Project Manager

Tom Mansell – Senior Stormwater Project Engineer

Maureen Buchanan – Community Lease Advisor

Advisory staff:

Sarah Broad – Senior Local Board Advisor, Local Board Services

Apologies:

Dr Grant Gillon

John Gillon

Lorene Pigg

Item

1. Chelsea reserve management plan

Louise Prew

9:00 – 9:45am

This session updated the Kaipātiki Local Board on the progress on the development of the Chelsea Estate Heritage Park reserve management plan.

The members suggested that the timeline for development of the plan would not be feasible in light of the stormwater issues at the reserve and heritage concerns and that these should be more fully understood before proceeding with the reserve management plan.

It was suggested that engagement on the reserve management plan would be most successful if coupled with other engagement initiatives Local Board Services is conducting on the board’s behalf.

The draft conservation plan, which officers intend to bring to the February meeting of the board for formal adoption, was also discussed at the workshop. Members were concerned that there was no acknowledgement of pre-European use of the area.

2. Croftfield lane stormwater pond development/ public art at Wairau Valley

Rebecca Kunin, Mark Osborne, Tom Mansell

9:55 – 10:45am

This session updated the Kaipātiki Local Board on the proposed public art at the Croftfield lane stormwater pond development in Wairau Valley.

The area had been a stormwater treatment wetland until it was overtaken by alligator weed in 2007, which is now under control, and the area will now be developed into a “celled wetland” approach to separate heavy metals from the stormwater. The development of the stormwater ponds has also given the opportunity to create a location of much higher public amenity, by integrating public art in the development of the site.

The staff are working with an artist and Kaipātiki Public Arts Trust on the development of the site.

3. Northcote community constable office space

Maureen Buchanan

10:45 – 11:10am

Officers discussed the use of the Northcote community constable office space with the Kaipātiki Local Board in this session. It was noted the business association’s CCTV monitoring space is in this building and that this will need to be taken into consideration if any new leases are granted.

4. Proposed Unitary Plan

Sarah Broad

11:10am – 12:05pm

This session discussed the responses to the board’s feedback on the Draft Unitary Plan, and how the board wished to approach providing feedback on the Proposed Unitary Plan in February.

It was suggested that another workshop would be required prior to the first meeting in February, and that all members could examine the maps for any errors prior to this workshop, for example, community facilities zoned as residential.

It was also suggested that to raise awareness of the submission process the board could send communications to constituents encouraging them to make their own submissions on the Proposed Unitary Plan.

Kaipātiki Local Board

12 February 2014

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

That the Kaipātiki 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.

29 Applications for Special Exemptions under Section 6 of the Fencing of Swimming Pools Act 1987 - Attachment a - 2 Mayfield 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