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Ōtara-Papatoetoe
Local Board
17 February
2014
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1 Welcome
Deputy Chair, Ross Robertson, led the meeting in prayer.
2 Apologies
Secretarial Note: Councillor Alf Filipaina apologised for lateness
3 Declaration of Interest
There were no declarations of interest.
4 Confirmation of Minutes
5 Leave of Absence
There were no
leaves of absence.
6 Acknowledgements
Members John McCracken and Ross Robertson acknowledged the Counties
Manukau Police for their work in successfully investigating and prosecuting
cases of electoral fraud in the 2010 Auckland Council / Ōtara-Papatoetoe
Local Board elections.
7 Petitions
There were no petitions.
8 Deputations
There were no deputations.
9 Public Forum
10 Extraordinary Business
There was no extraordinary business.
11 Notices of Motion
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11.1
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Notice of Motion - Objections to Off-Licence Applications
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Resolution number OP/2014/5
MOVED
by Chairperson E Collins, seconded by Member MA Gush:
That the Ōtara-Papatoetoe
Local Board:
a)
receive the Notice of Motion:
Objections to Off-Licence Applications.
b)
lodge objections to liquor licences in
its local board area for:
i)
all new off-licence applications, in line with the local
board’s intent to reduce harm from alcohol abuse through a reduction in
outlet numbers;
ii)
all renewals of existing off-licences, including new owners of
existing premises, with the exception of applications with appropriate
conditions such as limited hours of operation.
c)
delegate authority to the local board
portfolio-holders of Planning, regulatory, bylaws and compliance (Efeso
Collins – lead and Ross Robertson – alternate) to consider liquor licence
applications in the local board area, and to make objections and present
evidence on behalf of the local board.
d)
allocate $10,000 from its Community
Response Fund to develop a consistent local board framework for response to
liquor license applications, including the compilation of technical evidence
and preparatory support for hearings. The Local Board notes that any
over-spend in the Community Response Fund will be balanced by an under-spend
in the Local Events Fund and that Local Board Services prepares a contract
for service for this work.
CARRIED
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Secretarial
Note: Cr Arthur Anae left the meeting before item 12 was considered. A written
report was given to board members prior to the meeting.
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13
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Local Board Event Support Fund Round 2
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Resolution number OP/2014/7
MOVED
by Chairperson E Collins, seconded by Member LT Fuli:
That the Ōtara-Papatoetoe
Local Board:
a)
approve the following Local Board Event Support
Fund applications to the amount stated in the Amount Granted column:
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Applicant
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Event
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Date
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Amount Requested
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Amount Granted
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NZ Filipino STO Nino
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Sinulog Festival
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19
January 2014
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$20,000
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$2,000
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Manukau Bridge Progressive
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Destiny
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15
March 2014
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$1,395
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$1,395
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Ōtara Business Association
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Ōtara After Dark
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7 June
2014
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$3,500
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$3,500
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Ōtara Business Association
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Proudly Ōtara
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24
March 2014
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$3,500
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$3,500
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Ōtara Business Association
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Spring Fest
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13
September 2014
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$3,000
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$3,000
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Accelerating Aotearoa Incorporated
Member Mary Gush voted against
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Park Jam
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5 April
2014
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$25,000
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$4,000 tagged to stage
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Counties Manukau Ambassadors Tag Football
Members John McCracken and Donna Lee voted against
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Ōtara Tag Football Final
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16
February 2014
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$8,640
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$8,640
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b)
decline the following Local Board Event Support Fund application:
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Applicant
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Event
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Date
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Amount Requested
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Manukau
Urban Maori Authority
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Portage
Crossing
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15
February 2014
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$20,000
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CARRIED
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14
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Ōtara- Papatoetoe Manu Tuku Tuku - Collective Impact Project
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Resolution number OP/2014/8
MOVED
by Member SC Grey, seconded by Member JR McCracken:
That the Ōtara-Papatoetoe
Local Board:
a)
note that under resolution
OP/2013/484(b) the board allocated $25,000 for the implementation of the Manu
Tuku Tuku project; and notes that There’s a Better Way Foundation entered
into a contract with council to a maximum value of $10,000, to help set up
Manu Tuku Tuku; and that the Foundation has agreed that a separate “backbone
organisation” should undertake the remaining implementation tasks under the
resolution, utilising the $15,000 unspent to date.
b)
agree that a funding agreement to a
maximum value of $15,000 be developed by Community Development and Safety
Officers with the Ōtara Network Action Committee Charitable Trust as the
candidate backbone organisation to administer, monitor, evaluate and lead the
Manu Tuku Tuku Collective Impact trial in the Ōtara community.
c)
agree that an agreement with Ōtara
Network Action Committee Charitable Trust will only be entered into after
receipt of a well-considered collective impact proposal, and confirmation
that the Trust has the administrative and leadership capacity to deliver as
the backbone organisation on this project. Payments to the Trust are to be
funded from the board’s Community Response Fund (Opex) and paid in the
2013/2014 financial year.
CARRIED
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15
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East Tamaki-Hampton Park - Development Update
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Resolution number OP/2014/9
MOVED
by Chairperson E Collins, seconded by Member MA Gush:
That the Ōtara-Papatoetoe Local Board:
a)
receive the East Tamaki-Hampton Sports Park development update.
b) request future reports on the development of East Tamaki-Hampton Sports Park
each year in conjunction with the annual work programme, with progress
updates in Park and Recreation quarterly reports, and separate reports when
governance decisions are needed.
CARRIED
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Member Ross
Robertson left the meeting at 7pm.
Member Stephen
Grey left the meeting at 7pm.
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16
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Grant of new community lease at 212 Puhinui Road, Papatoetoe
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Resolution number OP/2014/10
MOVED
by Member JR McCracken, seconded by Member MA Gush:
That the Ōtara-Papatoetoe
Local Board:
a)
approves the
granting of a new lease to the Te Kohanga National Trust Board at 212 Puhinui
Road, Papatoetoe, subject to the following terms and conditions:
i)
Term – 10 years commencing 1 December 2013 with one 10 year
right of renewal;
ii)
Rent - $1.00 per annum if requested;
iii)
The Te Kohanga Reo National Trust Board (Te Kohanga Reo O Te
Rangimarie) Community Outcomes Plan as approved and attached to the lease
document;
iv)
All other terms and conditions in accordance with the Community
Occupancy Guidelines 2012.
CARRIED
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Secretarial
Note: Members Stephen Grey and Ross Robertson were not present when the motion was
carried.
Member Stephen
Grey re-entered the meeting at 7:05pm.
Member Ross
Robertson re-entered the meeting at 7:07pm.
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17
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Greater Tamaki Stormwater Network Discharge Consent - Stormwater
Priorities Consultation
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Resolution number OP/2014/11
MOVED
by Chairperson E Collins, seconded by Member SC Grey:
That the Ōtara-Papatoetoe
Local Board:
a)
receive the report.
b)
request that the network discharge
consent application recognises that Ōtara Lake is an asset of the stormwater drainage system serving
the Ōtara Creek
catchment.
c)
provide this feedback on the two
consultation questions:
i)
What are the priorities for Greater Tamaki consolidated
receiving environment that must be urgently addressed? Answer: the
reduction of the inflows of sediment and contaminants into Ōtara Lake;
ii)
What are the criteria council should use for selecting
stormwater management priorities? Answer: priority should be given to
improving the quality of water entering those parts of Tamaki Estuary,
including Ōtara Lake, where natural tidal flushing has been compromised.
d)
request further updates be provided to
environmental portfolio holders on the outcomes of the Greater Tamaki
stormwater network discharge consent consultation process.
CARRIED
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18
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Auckland Transport Report - 17 February 2014
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Resolution number OP/2014/12
MOVED
by Chairperson E Collins, seconded by Deputy Chairperson HVR Robertson:
That the Ōtara-Papatoetoe Local Board:
a)
request Auckland Transport to provide
rough orders of cost for the following possible Local Board Transport Capital
Fund projects:
i)
Papatoetoe Town Centre - St George/Kolmar/Wallace Rd
intersection realignment, as previously included in the Regional Land
Transport Programme (years 4-10): the board’s proposal is an offer to
contribute money from the Local Board Transport Capital Fund towards this
project, to fix a specific (early) start date for the project. The costing
needed relates to the total costs of the project, and for an estimate of the
board share required to expedite the project.
ii)
Bus shelters (locations to be decided).
iii)
Welcome to Ōtara Signs (2 or three costing options).
b)
provide the following feedback on the
proposed changes to the “no stopping” restrictions on Carruth Rd, Birdwood
Ave and Victoria Rd:
i)
the board supports the reduction of the no-stopping lines at
the intersection compared to the previous proposal, but requests that the
no-stopping line immediately in front of the dairy should finish at the end
of the arc around the corner, so that on Carruth Road there is a stopping
space along the straight length of curb in front of the dairy; with a maximum
P10 parking limit on that space.
CARRIED
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20
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Hearing dates for the Ōtara-Papatoetoe Local Board Annual
Plan 2014/2015
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Resolution
number OP/2014/14
MOVED by Deputy Chairperson HVR Robertson, seconded
by Member MA Gush:
That the Ōtara-Papatoetoe
Local Board:
a)
approve the Ōtara-Papatoetoe Local Board Annual Plan
hearings take place on Monday, 24 March 2014 at 9am in the Manukau Chambers,
Level 1, Manukau Civic, 31-33 Manukau Station Road, Manukau, with an overflow
date of Friday, 28 March 2014 at 9am.
b)
approve the Ōtara-Papatoetoe Local Board Annual Plan
deliberations workshop take place on Monday, 7 April 2014 at 9am in the
Woodside Room, Level 1, Manukau Civic, 31-33 Manukau Station Road, Manukau.
c)
approve that the Ōtara-Papatoetoe Local Board
deliberates on the Annual Plan submissions at an extraordinary business
meeting being held on Monday, 14 April 2014 at 5.00pm in the Manukau
Chambers, Level 1, Manukau Civic, 31-33 Manukau Station Road, Manukau.
d)
approve that the Ōtara-Papatoetoe Local Board adopts its
Local Board Agreement at the ordinary monthly business meeting being held on
Monday, 16 June 2014 at 5.00pm in the Manukau Chambers, Level 1, Manukau
Civic, 31-33 Manukau Station Road, Manukau.
CARRIED
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21
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Proposed Auckland Unitary Plan Submission - Local Board Input
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Resolution number OP/2014/15
MOVED
by Chairperson E Collins, seconded by Member SC Grey:
That the Ōtara-Papatoetoe
Local Board:
a)
confirm the action taken by the board chair under delegated
powers in submitting the board’s written input to the Auckland Council
submission on the Proposed Auckland Unitary Plan (Attachments A and B) and
approves the content.
b)
request that officers seek confirmation from the chair of the
hearings panel that local boards will have the opportunity to speak to the
panel about issues relevant to the local board area.
c)
delegate to the chair the authority to clarify the content of
this input and any other matters requested by the governing body and the
independent Hearings Panel, and to appear at submission hearings to represent
the board.
d)
ask the Unitary Plan Committee to
consider this additional input from the board to the Auckland Council
submission:
i)
for land at the Grange Golf Course
fronting Grange Road to be included in the Terrace Housing and Apartment
Building Zone, as proposed in the boards comments on the draft unitary plan
in 2013;
ii)
to add the words “medical practices”
after “childcare” in Item 8 of Attachment A (both columns).
CARRIED
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22
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Professional development for Local Board planning portfolio
holders and alternates: Making Good Decisions - Foundation training course
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Resolution number OP/2014/16
MOVED
by Deputy Chairperson HVR Robertson, seconded by Member MA Gush:
That the Ōtara-Papatoetoe Local Board approve funding of
$1,906 from the local board’s professional development budget for Efeso
Collins to attend the Making Good Decisions - Foundation training course in
Auckland on 7 & 8 May 2014.
CARRIED
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23
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Consideration of conference attendance: New Zealand's first
disaster communications conference, 22-23 May 2014
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Resolution number OP/2014/17
MOVED
by Chairperson E Collins, seconded by Deputy Chairperson HVR Robertson:
That the Ōtara-Papatoetoe Local Board approve
sending Members Mary Gush and Donna Lee to New Zealand's first disaster
communications conference held on 22-23 May 2014 in Auckland at a cost of
$750 per member to come from the local board’s professional development
budget.
CARRIED
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27 Consideration
of Extraordinary Items
There was no consideration of extraordinary items.
7:51 pm The
Chairperson thanked Members for their attendance and attention to business and
declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF
THE Ōtara-Papatoetoe Local Board
HELD ON
DATE:.........................................................................
CHAIRPERSON:........................................................
Item 9.1 –
Project Microcar Presentation
Item 9.2 –
Sistema Aotearoa presentation and attachment
Item 9.3 –
Report from Pat Taylor, Chairman Hunters Corner
Town Centre Society Inc.
Item 11.1 –
Notice of Motion – Objections to Off-Licence Applications
Ōtara–Papatoetoe Local Board
Sale and Supply of Alcohol - Off-Licence
Objections
Introduction
One of the main aims of
the Sale and Supply of Alcohol Act 2012 (‘SSAA’) is to give communities more of
a voice over the sale and supply of alcohol in their area. In particular, it
expands the criteria upon which communities may object to a licence
application. However, without a strong voice, their concerns may have less
impact than the legislation allows.
Ōtara–Papatoetoe Local
Board
The Ōtara–Papatoetoe Local
Board has been very concerned about the effects of alcohol on its community
since it was established. The Ōtara–Papatoetoe Local
Board Plan 2011 (page 19) notes that: “alcohol abuse in our area causes many
negative medical conditions and injuries leading to death. Heavy drinkers cause
considerable collateral damage that can be observed at the local emergency
department, a visit to Women’s Refuge or to an addiction clinic”.
The Plan also notes the Board’s “communities have told us
very clearly that we should be an advocate and leader, particularly on our
significant social and economic issues” and states that the Board will “have
input on liquor” (pages 20 and 21).
The 2014/15 Ōtara -PapatoetoeLocal
Board Agreement states that: “A key advocacy area for 2014/2015 is alcohol
harm minimisation and liquor licence processes under the recent legislation.
The board will champion ‘sinking lid’ policies for alcohol off-licence
premises, to reduce their proliferation and limit negative impacts associated
with these outlets”.
Research prepared by Auckland Council for the Ōtara
–Papatoetoe Local Board clearly shows that alcohol has a profound effect on
communities in Ōtara –Papatoetoe Local
Board (Auckland Council Local Alcohol Research Project). In particular, the
ratio of off-licences to on-licences/clubs is high compared to other local boards
across Auckland.
Objections to licence applications
Under the SSAA, any person can object to the granting of a new
licence or licence renewal if they have a ‘greater interest’ in the application
than the public generally. I understand that Local Boards have such an interest
and are able to make objections in their area.
The criteria for lodging an objection includes
whether the licence is likely to increase alcohol-related harm and whether
granting the licence will negatively impact the community and neighbourhood
(for example, proximity to sensitive sites).Conditions relating to factors,
such as limiting opening hours, can also be sought through objections.
Arguably, these are matters within the scope of the purpose of local boards,
and objections focused on these matters could be presented ‘objectively’
irrespective of the licence applicant.
Objections are filed with the District Licensing Committee (DLC)
and where an application is contested, the DLC will hold a hearing similar to
an RMA hearing before Commissioners. Objectors are entitled to give
written or oral evidence and cross-examine applicants.
While
the ‘community-related’ criteria broaden the scope of matters to be considered
by the DLC, one of the difficulties for individual or community-based objectors
is that the information is relatively difficult to collate and present. It
requires a degree of technical expertise, ongoing research and resourcing. By
contrast, Local Boards are well placed to do this – and have a mandate to
present views on these matters on behalf of their communities. Furthermore,
views on appropriate conditions that should be applied generally (such as
opening hours, CCTV requirements, etc) might also be expressed by a Local Board
through an objection irrespective of the licence
applicant.
Objections
From
18 December 2013, the new regime under the SSAA came into effect and applicants
must now publicly notify their applications for licenses. Applications are
being made for all types of licences in our area, but of most concern to our
communities are Off-Licences.
As Chair, I have already lodged one Objection on behalf of the Ōtara-Papatoetoe
Local Board to an application for a renewal of an Off-Licence,
but I expect many other Off-Licence applications and renewals will be notified
as the year progresses.
Proposal
To
support Ōtara-Papatoetoe Local Board’s advocacy for alcohol
harm minimisation, I suggest that the Board
resource
support for objections to be made to Off-Licence applications and renewal
applications on behalf of the Board.Resource is required for:
- Scanning public notices and
notifying the Board of any Off-Licence applications or renewals in the
Board’s area
- Reviewing the Applications;
- Drafting and filing an Objection;
- Drafting Submissions for the Hearing
(including Submissions to be made by myself as the Chair of the Local
Board and Technical Submissions);
- Support at the Hearing to support
myself as the Chair, to make the Technical Submissions, and possibly
examine the Applicant (and any witnesses);
- Reporting to the Board on the
outcomes of the Hearing.
I expect that the Submissions made by myself as the Chair would
cover the role of the Local Board (noting the Board’s Local Board Plan, Local
Board Agreement), prior advocacy of the Local Board (noting, for example, input
from the Board to Auckland Council alcohol policy development), and setting out
high level statements concerning the negative effects of alcohol on the Ōtara-Papatoetoe
community. Support will be required to draft these Submissions and assistance required
at Hearings. However, the general nature of the Submissions means they will be
able to be used (with minor adjustment) for subsequent Objections and Hearings.
In addition, I suggest that Technical Submissions be made. These
would cover
- The Statutory
Framework
- The Objection made
by the Local Board
- Local Alcohol
Policy (LAP)
- Auckland Council Preferred Position
Paper
- Manukau City
Council’s Alcohol Strategy
- Trading Days And
Hours
- Amenity and Good
Order
- noise,
nuisance and vandalism;
- the
number or density of licensed premises;
- compatibility with
other activities ; and
- location
by reference to the wider area
- Excessive and
Inappropriate Consumption of Alcohol, and
- Conditions
Resource
will also be required to draft these Submissions and present them at the
Hearings. Again, while these Submissions would be more specific to the
Off-Licence application being made, the general framework of the Submissions
will be able to be used for subsequent objections and hearings. There will need
to be an upfront investment in developing the first set of Submissions, but the
costs will reduce for subsequent ones.
Budget
To
ensure that the Ōtara-Papatoetoe Local Board and myself
as Chair are supported professionally to make Objections and participate in
Hearings, I recommend that the Board set aside a budget of $10,000 to engage
external expertise to provide this support to come from the Local Board’s
Community Response Fund. I note that this fund is already overspent by $12,000
in the current financial year, and ask that the Local Board authorise for the
under-spend in the Local Events Fund be used to balance this, in order that
this important work can be progressed.
Efeso Collins, Chair, Ōtara-Papatoetoe
Local
Board
