I hereby give notice that an ordinary meeting of the Waiheke Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 13 February 2014 4.15pm Waiheke Local
Board Office |
Waiheke Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Paul Walden |
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Deputy Chairperson |
Shirin Brown |
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Members |
Becs Ballard |
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John Meeuwsen |
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Beatle Treadwell |
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(Quorum 3 members)
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Carol McGarry Democracy Advisor
10 February 2014
Contact Telephone: (09) 373 6210 Email: carol.mcgarry@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Waiheke Local Board 13 February 2014 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
9 Public Forum 5
9.1 Painting proposal - Barry Holland 5
10 Extraordinary Business 6
11 Notices of Motion 6
12 Waiheke Local Board Quarterly Performance Report for six months ending December 2013 7
13 Proposed Auckland Unitary Plan submission - Local Board input 51
14 Professional Development: Making Good Decisions Programme 59
15 Waiheke Local Board Swimming Pool Fencing Exemption Committee - Election of Chairperson 61
16 Inwards Correspondence 63
17 Waiheke Local Board workshop record of proceedings 71
18 Reports requested/pending 75
19 Consideration of Extraordinary Items
1 Welcome - Karakia
Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,
Ki runga, ki raro, ki roto, ki waho
Rire, rire hau…pai marire
Translation (non-literal) - Rama Ormsby
Let the winds bring us inspiration from beyond,
Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability
Bring the calm, bring all things good, bring peace….good peace
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 Waiheke Local Board: a) confirm the ordinary minutes of the Waiheke Local Board meeting, held on Thursday, 30 January 2014, as a true and correct record.
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5 Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
6 Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
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.
1. Barry Holland will be in attendance to address the Board regarding a painting proposal.
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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.
Waiheke Local Board 13 February 2014 |
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Waiheke Local Board Quarterly Performance Report for six months ending December 2013
File No.: CP2014/01187
Purpose
1. To update the Waiheke Local Board members on progress towards their objectives for the year from 1 July 2013 to 30 June 2014 as set out in the Local Board Agreement.
Executive Summary
2. This report includes work programme updates from the relevant departments, including Park, Sports and Recreation, Community Development, Arts and Culture, and Libraries. It also includes a six monthly report from Auckland Tourism Events and Economic Development (CCO) and the Financial Report for the Waiheke Local Board.
That the Waiheke Local Board: a) Receive the Quarterly Performance Report for six months ending December 2013
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No. |
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aView |
Waiheke Local Board Quarterly Performance Report - December 2013 |
9 |
Signatories
Authors |
Arti Shandhya Shardanand - Lead Financial Advisor - Local Boards |
Authorisers |
Judith Webster - Relationship Manager Christine Watson - Manager Financial Advisory Services - Local Boards |
13 February 2014 |
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Proposed Auckland Unitary Plan submission - Local Board input
File No.: CP2014/01057
Purpose
1. The purpose of this report is to outline the process for the board’s input to the Auckland Council submission on the Proposed Auckland Unitary Plan to the independent Hearings Panel, and delegate final sign-off to the chairperson.
Executive Summary
2. Auckland Council is preparing a submission on the Proposed Auckland Unitary Plan 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 Waiheke Local Board have organised a public Unitary Plan seminar on 12 February 2014.
5. Following this public seminar, should the board decide to provide input to the Auckland Council submission on the Proposed Auckland Unitary Plan, the chairperson will confirm input using the template, as per Attachment A to this report.
That the Waiheke Local Board a) Delegates to the chairperson the authority to confirm the content of the board’s written input to the Auckland Council submission on the Proposed Auckland Unitary Plan, and any other matters requested by the governing body and / or the independent Hearings Panel. b) Requests 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. |
Background
6. The Proposed Auckland Unitary Plan was publicly notified in September 2013, with submissions closing on 28 February 2014.
7. Auckland Council will make a submission to the independent Hearings Panel on the Proposed Auckland Unitary Plan. 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 Proposed Auckland Unitary Plan.
8. 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.
9. 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.
10. 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 Proposed Auckland Unitary Plan.
· 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 Proposed Auckland Unitary Plan, and participating in Unitary Plan Committee deliberations on the submission on the Proposed Auckland Unitary Plan.
· 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 Hearing 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.
11. In addition to participation at the Unitary Plan Committee workshops the board will develop their written input for inclusion with the council submission on the Proposed Auckland Unitary Plan, following their public engagement session on the Proposed Auckland Unitary Plan.
12. If it is agreed with the chair of the 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
13. 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). The feedback from the Waiheke Local Board on the draft Unitary Plan was confirmed at the local board meeting held 18 July 2013 (Attachment B). 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
14. The Proposed Auckland Unitary Plan 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 Proposed Auckland Unitary Plan.
General
15. 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
16. 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.
No. |
Title |
Page |
aView |
Template for Waiheke Local Board’s written input to the Auckland Council submission on the Proposed Auckland Unitary Plan |
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bView |
Waiheke Local Board feedback on the draft Proposed Auckland Unitary Plan dated 18 July 2013 |
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Signatories
Authors |
Janine Geddes - Local Board Advisor |
Authorisers |
Judith Webster - Relationship Manager |
Waiheke Local Board 13 February 2014 |
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Proposed Auckland Unitary Plan
Attachment A: Waiheke Local Board input to the Auckland Council Submission
Local board contact: Paul Walden, paul.walden@aucklandcouncil.govt.nz
Local board officer: Janine Geddes, Local Board Advisor, Janine.geddes@aucklandcouncil.govt.nz
1. General Comments
[This section is for any general comments. Where possible please ensure that reference is clearly made to the aspect or provision within the Proposed Auckland Unitary Plan than the comments refer to]
2. Specific points
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PAUP provision number |
Reason for submission point |
Strikethrough and underline for exact change (if applicable) |
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13 February 2014 |
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Extract from minutes of a meeting of the Waiheke Local Board held in the Waiheke Local Board Office, 10 Belgium Street, Ostend, Waiheke Island on Thursday, 18 July 2013 at 4.00pm.
20 Draft Unitary Plan: Local Board Feedback
Resolution number WHK/2013/225
a) That the Waiheke Local Board provides the following feedback on the draft Unitary Plan to inform discussions with the Auckland Plan Committee in July 2013 and decision-making by the Auckland Plan Committee in August 2013:
Houseboats:
i) The Board supports specific provision in Unitary Plan for Houseboats via the inclusion of a specific identified area or inclusion within identified Mooring Management Areas.
ii) The Board also notes that the inclusion of a specific area would provide for the activity and would require a clear purpose through objectives, policies and rules. Rules could apply to both land and water with a license and bylaw system to regulate activities associated with houseboats.
iii) The Board supports moving to a fair system applicable to all while recognizing the historic nature of the use. Occupation and use could be addressed via license/permit granted for a set period of time to an individual on condition that they are not transferable or automatically renewed.
iv) The Board acknowledges that section 12 of the Resource Management Act could be used to address this issue, however this quickly becomes a monitoring and enforcement issue, and affected by council resources. The Board therefore does not feel this is the most effective way to address this situation.
v) The Board notes that houseboats will need to be considered on a location by location basis.
Discharge of Boat Waste:
vi) The Board supports the 2km limit and agrees there should be no discharge of any waste (ablutions, grey water and hard waste) from boats or ferries in the whole of the inner Hauraki Gulf. The Board notes that a small area of the inner Hauraki Gulf is technically outside the 2km limit and considers this should be included in the no discharge area.
Mangroves:
vii) The Board notes that mangroves have expanded as a result of human occupation and they provide a habitat to birdlife.
viii) The Board acknowledges that there are mixed views in the community on this issue. The Board does not support the removal of mangroves to pre-1996 levels as a “permitted” activity. Rather, the Board is of the view that sedimentation is the real issue and that this needs to be adequately addressed in the Unitary Plan, including stormwater standards.
ix) The Board is concerned that the removal of mangroves to pre-1996 levels could result in more silt ending up in the Hauraki Gulf. The Board favours dealing with the reduction of silt and run-off in the first instance rather than mangrove clearance being a permitted activity around Waiheke.
Aquaculture:
The Board notes that aquaculture areas are not being reduced and that a framework is included within the Unitary Plan to enable the expansion of the activity, and the Auckland Council administers permits for the use. The Board does not support the expansion of Aquaculture.
Landscape Sensitive Zones:
xi) The Board does not support making provisions more permissive for development and subdivision in outstanding natural landscape areas, and outstanding and high natural character areas.
Genetically Modified Organisms:
xii) The Board supports a precautionary approach within the Unitary Plan to any GMO issues.
b) That the Waiheke Local Board supports the Auckland Council decision that the draft Unitary Plan not replace the Hauraki Gulf Islands District Plan at this time.
c) That the Waiheke Local Board notes the Board’s feedback is restricted to the impact of the draft Unitary Plan on the area under Waiheke Local Board’s jurisdiction.
CARRIED
13 February 2014 |
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Professional Development: Making Good Decisions Programme
File No.: CP2014/01598
Purpose
1. This report seeks endorsement for the Waiheke Local Board Chair Paul Walden to attend the Making Good Decisions foundation course 2014.
Executive Summary
2. Opus Environmental Training Centre will be delivering the “Making Good Decisions (MGD) Programme” on behalf of the Ministry for the Environment. The purpose of MGD is to help councillors, community board members, and independent commissioners make better decisions under the Resource Management Act 1991 (RMA).
3. The Making Good Decisions Foundation Course will be held in Auckland on 19 and 20 February 2014 at a cost of $1,906.09 excl. GST.
4. Local Board Services budgets fund one board member per board to attend Making Good Decisions training.
That the Waiheke Local Board: a) Approves that Board Chair Paul Walden attend the Making Good Decisions Foundation Course, which is being held in Auckland on 19 and 20 February 2014 and that the registration fees of $1,906.09 (excl. GST). b) Notes Local Board Services budgets fund one board member per board to attend Making Good Decisions training.
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There are no attachments for this report.
Signatories
Authors |
Carol McGarry - Democracy Advisor |
Authorisers |
Judith Webster - Relationship Manager |
Waiheke Local Board 13 February 2014 |
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Waiheke Local Board Swimming Pool Fencing Exemption Committee - Election of Chairperson
File No.: CP2014/01496
Purpose
1. In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Waiheke Local Board Chair, will call for nominations for the Chairperson of the Waiheke Local Board Swimming Pool Fencing Exemptions Committee.
Executive Summary
2. The Local Board Swimming Pool Fencing Exemptions Committee must elect a member to this position in accordance with Schedule 7, clause 25 of the Act, noting that no member has a casting vote.
3. The Local Board Swimming Pool Fencing Exemptions Committee will also need to determine what method they will apply to elect the chairperson.
Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 stipulates that:
25 Voting systems for certain appointments
(1) This clause applies to -
(a) the election or appointment of the chairperson and deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c) the election or appointment of the chairperson and deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local authority.
(2) If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:
(a) the voting system in subclause (3) (system A):
(b) the voting system in subclause (4) (system B).
(3) System A -
(a) requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and
(b) has the following characteristics:
(i) there is a first round of voting for all candidates; and
(ii) if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and
(iii) if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and
(iv) in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.
(4) System B -
(a) requires that a person is elected or appointed if he or she receives more votes than any other candidate; and
(b) has the following characteristics:
(i) there is only 1 round of voting; and
(ii) if 2 or more candidates tie for the most votes, the tie is resolved by lot.
a) That the Waiheke Local Board elects a Chairperson for the Swimming Pool Fencing Exemptions Committee 2013-2016 political term.
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There are no attachments for this report.
Signatories
Authors |
Carol McGarry - Democracy Advisor |
Authorisers |
Judith Webster - Relationship Manager |
Waiheke Local Board 13 February 2014 |
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File No.: CP2014/01709
Executive Summary
1. Attaching correspondence received for the board’s information.
a) That the Waiheke Local Board receives the inwards correspondence of the Waiheke Local Board.
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No. |
Title |
Page |
aView |
Protection in the planning process in relation to two recent consents. |
65 |
bView |
Lack of Sediment control 5 Church Bay Rd |
67 |
cView |
K J Edwards |
69 |
Signatories
Authors |
Carol McGarry - Democracy Advisor |
Authorisers |
Judith Webster - Relationship Manager |
13 February 2014 |
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Waiheke Local Board workshop record of proceedings
File No.: CP2014/01660
Executive Summary
1. Attached is a copy of the Waiheke Local Board workshop record of proceedings taken for the meeting held on the 24th January 2014.
a) That the Waiheke Local Board receives the Waiheke Local Board workshop record of proceedings for the meeting held on 24th January 2014.
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No. |
Title |
Page |
aView |
Record of proceedings 24 January 2014 |
73 |
Signatories
Authors |
Carol McGarry - Democracy Advisor |
Authorisers |
Judith Webster - Relationship Manager |
13 February 2014 |
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File No.: CP2014/00769
Executive Summary
1. Providing a list of reports requested and pending for the Waiheke Local Board for business meetings.
a) That the Waiheke Local Board receives the report.
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No. |
Title |
Page |
aView |
Reports requested/pending |
77 |
Signatories
Authors |
Carol McGarry - Democracy Advisor |
Authorisers |
Karen Lyons - Manager Local Board Services Judith Webster - Relationship Manager |