Agenda of Waiheke Local Board

Waiheke Local Board

22 May 2014

Deed of Variation - Auckland Regional Rescue Helicopter Trust

File No.: CP2014/09423

Purpose

1. The Auckland Regional Rescue Helicopter Trust is seeking to vary the location of their licence area at Rangihoua Park/Onetangi Sports Park. This report contemplates a deed of variation to enable the licence location to shift approximately 160 metres to the east of the current licence area.

Executive summary

2. The Auckland Regional Rescue Helicopter Trust (ARRHT) entered into a licence with Auckland Council in December 2013 that provided for development and use of a landing pad in Rangihoua Park/Onetangi Sports Park (Onetangi Sports Park). Location shown on Attachment A.

3. Since that time ARRHT has been in contact with both the Chair of the Board and the Parks Advisor to try to expedite the implementation of the new landing area. In the course of the conversations an alternative location, approximately 160 metres to the east of the current area, was identified and has since been confirmed as the preferred site due to its distance from built infrastructure/intensive recreation use and potential ease of implementation. The ease of implementation is partially because ARRHT are no longer requesting a concrete landing pad and partially because there is an existing park maintenance road which fulfils part of the requirements of ARRHT.

4. The existing licence and proposed variation to the licence area are within an area of the park classified as Recreation Reserve under the Reserves Act 1977. This Act provides for leases and licences to be granted subject to first giving the community an opportunity to have a say on the proposal.

5. The current licence was publicly notified alongside three lease proposals in October 2012. In general terms there was overwhelming support for both the services of ARRHT and the provision for emergency landing at Onetangi Sports Park.

6. The park is approximately 110 hectares in size. Within this context the proposed relocation (of approximately 160 metres) is considered a minor change and is very well aligned with the intent of the previously notified proposal. The nature of the bulk of the submissions received provided general support for ARRHT’s use of Onegtangi Sports Park for emergency landings. The proposal is still largely consistent with the views and preferences expressed by the submitters.

Recommendations

That the Waiheke Local Board:

a) Receives the report

b) Asks the Manager of Parks, Sport and Recreation to enter into a deed of variation with the Auckland Regional Rescue Helicopter Trust in relation to their licence to occupy Rangihoua Park/Onetangi Sports Park (granted December 2013) to reflect a new location approximately 160 metres to the east of the current licence area.

c) Notes that Council is planning to undertake an upgrade of the park maintenance road in the near future. However, if, at any time, the access road and turn around needs to be brought up to a higher standard for the benefit of Auckland Regional Rescue Helicopter Trust then the cost of this work will be their responsibility (after first obtaining the agreement of Auckland Council).

d) Notes that Auckland Regional Rescue Helicopter Trust will continue to meet all costs of providing lighting specifically required for its purposes, including connection/ transmission from the nearest pole/existing/metered power supply and installation of a meter/ sub-meter for its purposes.

e) Notes that this variation is also subject to Auckland Regional Rescue Helicopter Trust being able to work with/accept the potential installation of lights around the perimeter of the sports field at some future date.

f) Notes all other clauses of the current licence will remain the same.

g) Agrees to work proactively with the Auckland Regional Rescue Helicopter Trust to develop and enable use of the new licence area as soon as possible.

h) Requests that the Park Advisor be asked to communicate with key stakeholders advising them of this change, seek their support and work through any logistical issues or concerns.

Comments

Background

7. In August 2012 Council resolved to advertise several leases and a licence, the licence being in favour of ARRHT, at Onetangi Sports Park. This was followed, in September 2012, by a resolution to advertise this in the NZ Herald; Waiheke Marketplace and Gulf News.

8. In December 2012 Gerry Rowan was appointed to join some Local Board members on a hearings panel set up to hear submissions and determine the outcome for three leases and a licence to occupy for emergency helicopter purposes on Onetangi Sports Park.

9. In February 2013 the hearings panel decided to grant all leases and licences subject to a series of conditions and Council resolved to adopt the recommendations of the hearings panel. In other words the Auckland Regional Rescue Helicopter Trust’s licence to occupy was approved by the council following a thorough Reserves Act process that included public consultation.

10. The hearings panel report noted that:

· 240 submissions were received and 90 submitters supported the leases/licence.

· 105 submitters called for a management plan to be prepared but of these only 10 totally opposed the issuing of leases/licence until this occurred.

· 128 submitters (53%) supported the licence to ARRHT with 13% opposed. Most of those opposed wanted a management plan and iwi consultation to occur prior to being granted and four suggested alternative sites be investigated, preferably close to the coast to minimise disruption (noise). 99 (42%) expressed no view about this licence.

· Widespread support was expressed for the work of ARRHT. “This is based largely on the community’s reliance on this service and recognition of the need for a safe, all-weather, 24/7 landing pad.”

· The decision to grant the licence was predicated on the fact that the application was new, well documented and met the requirement of the civil aviation authority. The Panel was told that this was technically the best location for an all-weather, all hours emergency landing pad.

· The construction proposed under the current licence is a concrete pad with lights that will be triggered for night time landings by the pilot. There is to be no fences or other structures to impede the use of the reserve by the public. A night-time beacon is to be located on a hill adjacent to the site but this is outside the reserve and does not involve the Rangihoua maunga. A wind-sock is to be erected on the roof of the sports pavilion, again outside the bounds of the licence.

· “While the nature of this activity on a recreation reserve is unusual, the Waiheke community is reliant on an efficient 24 hour emergency evacuation service. Given that the nature of the development will not impede recreational activity and enjoyment by the public, and the Councils intention in this instance is to issue a license that does not given exclusive possession to the Trust.” It was also noted that the proposal can be accommodated within the Reserves Act.

· “The Auckland Regional Rescue Helicopter Trust proposal is compelling and the requirements of the Act can be met”

11. In October 2013 the ARRHT licence was couried to ARRHT and on 10 December 2013 ARRHT licence was formally executed by Council.

12. The location of the licence, over an area of approximately 508.05 square metres, is shown in Attachment A.

Proposal

13. Since the licence was executed, ARRHT have been anxious to see the landing pad developed and have been surprised by requirements for resource consent and the potential for delay. As a result the Chair of the Board and the Parks Advisor have both been contacted by the current Chair of the Trust and support has been requested to implement a solution forthwith. An alternative location that would potentially be more expedient to implement has been identified. This new location is now sought by ARRHT (shown in Attachment B).

14. ARRHT no longer require a concrete pad. They are able to work with gravel or a GeoGrid type of surface. GeoGrid is a hexagonal plastic or concrete paver that can be filled with gravel or soil and grass and when properly laid has less visual impact in a grassed landscape and is less prone to potholes or damage.

15. The proposed location, between the football pitch and pitch 3 on Onetangi Sports Park, would require the upgrade of the existing park maintenance road and development of a turnaround area that is approximately 15m x 15 m. The turnaround area can double as a landing pad.

16. The area will be available to the public at any time during the day other than when in direct use by the helicopter for emergency purposes.

Assessment

17. The park is approximately 110 hectares in size. Within this context the proposed relocation (of approximately 160 metres) is considered a minor change and is very well aligned with the intent of the previously notified proposal.

18. The current and proposed sites sit within a portion of the park that is classified Recreation Reserve pursuant to the Reserves Act 1977. This Act requires that the intention to licence be publicly notified (section 54(2)) and due consideration be given to any objections or submission.

19. As noted in the background section of this report this public notification and consideration of submissions was completed in 2013. The hearings panel highlighted that the majority of submitters supported the ARRHT licence proposal with 42% of submitters not commenting on the ARRHT licence proposal. Only four submissions requested a location closer to the coast to minimize noise disruption. The nature of the bulk of the submissions received provided general support for ARRHT’s use of Onegtangi Sports Park for emergency landings. It can therefore be stated that the proposal is largely consistent with the views and preferences expressed by submitters.

20. The low level of investment in this facility, and its dual use as park maintenance road, also means that it is feasible to move it in future if necessary.

21. The following costs and benefits can be attributed to each proposal

Proposal

Cost

Benefit

Current licence footprint

· The landing pad sits in an axis within the park that could be quite important in the future to connect sporting facilities

· The nature of the proposed development would trigger a detailed design of the end of the carpark which would need to be changed to provide for and integrate with the proposed pad. Also the size of the pad is much larger in this location in order to help keep other users clear of the landing. Resource consent that are both potential delays to implementation

· As currently proposed the infrastructure proposed if relatively permanent (concrete pad)

· Provides clearly identifiable emergency landing pad for ARRHT

· The proposal comes at no cost to Council

· Ambulance access to the facility will be a little easier than the new proposal. Under either proposal the ambulance will have to travel the full length of the park road and carpark to a chain gate that enables maintenance vehicles to get access onto the park. It is likely that the ambulance would then need to drop the chain for foot/gurney access but potentially remain parked in/load out patients from the carpark. This kind of access to the chain gate, which provides for maintenance and all emergency vehicles onto the park, is no different from any sportsfield around the region. Ambulances access sportsfields through the maintenance gate as required. The park maintenance gate is a keep clear zone and this is generally well respected by the public. The ambulance staff will carry an appropriate key to get access to the gate.

Proposed licence footprint

· Based on the general requirement to have a landing area free of obstructions, the proposed location could compromise the ability to install floodlights on the football pitch in future however ARRHT have confirmed that they can work with the installation of six training lights around football pitch of a similar height to those on the rugby pitch. It is recommended that this position be put in writing by ARRHT

· The location is slightly less accessible than the alternative

· The proposal is dependent on the Council upgrading the maintenance road and installing a turnaround/landing pad at an estimated cost of up to $40,000

· Ambulance access to the facility will be slightly more complex than the current proposal. Under either proposal the ambulance will have to travel the full length of the park road and carpark to a chain gate that enables maintenance vehicles to get access onto the park. The ambulance would then need to drop the chain and travel approximately 160 metres to the helipad. As above access to the chain by emergency vehicles is standard procedure and poses not great difficulty it is simply the distance to travel that differs.

· The proposed location removes the landing pad from an axis within the park that could be quite important in the future to connect the sporting facilities

· As the carpark design remains unchanged and the proposal utilizes an existing park maintenance road that is not used by other park users this option will be quicker to implement i.e. detailed design is basic as it is a slight modification of the current road. It is also able to be completed in gravel which is quicker to construct.

· The area required for the landing pad/turnaround is a lot less. It is understood that this is largely due to the fact there is no surrounding built infrastructure i.e. the pad is in a clear open area. Therefore the pad does not need to be oversized to ensure no obstructions to the helicopter.

· The works, if completed in gravel, are both more temporary and provide a dual use/benefit to the park. If there is any problem with the location (in future years) relocation does not leave the park with unwanted infrastructure.

· Provides clearly identifiable emergency landing pad for ARRHT

Consideration

Local board views and implications

22. This report seeks the input and direction from the Local Board who have full decision making powers in relation to this matter.

Maori impact statement

23. Parks and open spaces contribute significantly to Maori well-being, values, culture and traditions.

24. Rangihoua (maunga) is the subject of a co-management agreement and a Kaitiaki Committee exists that comprises of representatives of Ngati Paoa and Auckland Council. This joint management committee was established in 2002 however in recent years has not been active. It is noted in the hearings report that the absence of a submission or input from Ngati Paoa is of concern however they were present at the hearing itself. The hearing panel also noted that Council should assess the merits of re-engaging with Ngati Paoa directly or via the Kaitiaki Committee.

25. Recently the Chair of the Board, Parks Manager and Parks Advisor met with the Chair of Ngati Paoa to discuss a more meaningful relationship and level of engagement as we move in to the future. This will take time and may not allow the particulars of this licence to be revisited in the short term however, as noted above, if any issues arise the light footprint of ARRHT’s proposal means the location or operation of this emergency landing area can be revisited in the future.

Implementation

26. As noted above the primary consideration from ARRHT’s point of view is to make the landing area a reality as soon as possible. Initially this pointed toward the area that is the subject of this report being a day time landing area with the night time area being in the public carpark. In line with this, on 10 April 2014, the Waiheke Local Board resolved (as part of a Small Local Improvement Projects report):

i) Notes that discussions with the Westpac Helicopter Trust, the Parks Advisor and other parks stakeholders have identified an alternative location for a daytime and nighttime emergency helicopter landing pad in Onetangi Sports Park / Rangihoua that will reduce visual and physical disturbance to the public and use of the park.

j) Approves for scoping the Onetangi Sports Park / Rangihoua daytime and nighttime landing pad for emergency helicopter landing purposes only, and that council officers confirm the following:

i) appropriate mechanism for permitting use under the Reserves Act (e.g. licence with the Westpac Helicopter Trust for emergency helicopter landing purposes only);

ii) confirmation of Westpac Helicopter Trust infrastructure maintenance responsibilities;

iii) public liability responsibilities; and

iv) process for communication with public and key stakeholders

k) Approves that following scoping for the Onetangi Sports Park / Rangihoua emergency helicopter landing pads, the Chair and Board member Ballard be delegated to approve the project up to a value of $40,000, forward allocated from 2014/2015 SLIPs budgets.

27. This report provides advice and recommends an approach for dealing with J i), ii) and iii).

28. Although the Reserves Act processes for wider public notification were fulfilled in 2012/2103 there is still a need to communicate with key stakeholders who may be directly affected by or at least interested in this minor variation. It is recommended that the Parks Advisor make contact with iwi and all users of the park (and any other known key stakeholders) to advise them of the change, seek their support and work through any logistical issues or concerns. This includes the rugby and football club’s support for the installation of a wind sock on the building however the building is Council owned and this should largely be a communication exercise to ensure there are no surprises to the users.

29. At the time of writing the requirement for a resource consent (or not) for the road maintenance and widening with turnaround had not being confirmed. In addition the costings had not been completed. This will be reported verbally to the board at the time the report is received. The affordability and consent requirements will affect the speed of implementation of the basic day facility however, as noted above, funding for the road upgrade and turnaround is approved subject to confirmation from the Chair and Board member Ballard up to a value of $40,000.

30. The lighting requirements have not changed (other than the need for relocation to the new landing area) and appear to be the most time consuming component of the development. As an interim option the idea of redirecting light from the clubrooms while a permanent solution is planned, consented and implemented will be pursued.

Attachments

No.	Title	Page
a View	Current licence area	19
b View	Proposed licence area	21

Signatories

Authors

Jane Aickin - Manager Local and Sports Parks Central

Authorisers

Ian Maxwell - Manager Parks, Sports & Recreation

Judith Webster - Relationship Manager

Waiheke Local Board

22 May 2014

Auckland Transport Quarterly Update to Local Boards

File No.: CP2014/09282

Purpose

1. The purpose of this report is to inform Local Boards about progress on activities undertaken by Auckland Transport in the three months January to March 2014, and the planned activities anticipated to be undertaken in the three months April to June 2014.

2. Attachments include:

· A – Auckland Transport activities, broken down by Local Board;

· B – Decisions of the Transport Co-ordinating Committee, by Board;

· C – Report against local board advocacy issues; and

· D – Report on the status of the Board’s projects under the Local Board Transport Capital Fund.

Recommendation/s

That the Waiheke Local Board:

a) Receives the Auckland Transport Quarterly Report.

Significant activities during the period under review

Key Agency Initiatives

SMART (South Western Multimodal Airport Rapid Transit) Project

3. Investigation into protecting a corridor to expand the rail network to the Airport. As part of planning for the future public transport network, Auckland Transport has been talking to Auckland Airport about making provision for a potential rapid transit corridor in their master plan. Rail has been identified as the best long term public transport option for improving transport in Auckland’s airport and south western area. The Auckland Airport has allowed for a rail corridor and station at the terminal as part of their latest master plan. There are no confirmed alignments for rapid transit links outside the airport property yet and further work is required to confirm this and the timing of any construction. The project is currently in the development phase and public consultation will be carried out when more certainty on feasible alignments and station locations are reached.

East West Link

4. The primary objective of the project is to provide an improved freight connection between SH20 SH1 and the Onehunga/Penrose industrial aria. Public Transport, Cycling and safety upgrades will also be considered.

5. The project team has started the process for procurement of professional services contract for the production of the Detailed Business Case in FY 2014/15, subject to approval of funding. The contract will be led by the Transport Agency, as principal, but the project will continue to be jointly led by AT and the Transport Agency. Indicatively, the construction is scheduled to start by 2016/2017 with forecast completion by 2019/2020.

AMETI Package 1 - Panmure Phase 2

6. This phase encompasses the replacement of existing Panmure roundabout with a signalised intersection. Construction of a two lane busway on the northern part of Lagoon Drive and a shared path for pedestrians and cyclists along the north side of Lagoon Drive from Queens Road / Jellicoe Road to the new Panmure Bridge, Re-allocation of road space within existing kerb lines to provide for bus priority, cycle lanes, improved footpaths and landscaping along Ellerslie-Panmure Highway from Forge Way to Mt Wellington Highway. Widening of existing footpaths to provide shared footpath/cycle paths at Mt Wellington Highway. This piece of work is part of the AMETI Programme.

7. The base design is complete. The design will be updated to align with the requirements of the proposed Auckland Unitary Plan and to ensure effects (e.g. on cultural heritage sites) are appropriately mitigated. Work has commenced on the consenting phase and a designer is being procured.

PT Development

Distributed Stabling - Detailed Design

8. The project entails the development of outstabling facilities which support Rail Services throughout the region. These facilities are located in Auckland South/CBD and West and comprise facilities for overnight stabling of trains, staff facilities for operational staff as well as lighting and security systems for the remote monitoring of the facilities.

Platform Extensions

9. Extending the platforms of 11 stations 5-15m each to bring them into line with other platforms on the network addressed by KiwiRails DART projects and to accommodate the stopping of 6 car EMU services (147m in length + stopping distances)

10. First three stations with platform extensions are now nearing completion. Good progress is being made on the next 4 stations. Project Manager has accelerated works to complete all extensions by June 2014.

City Rail Link

11. The City Rail Link (CRL) is a 3.5km double track underground electrified rail line running under Auckland City centre from Britomart Station to the Western Line near the existing Mt Eden Station. Britomart would become a through station and provide for 3 intermediate stations in the Aotea, Karangahape Road and Newton areas.

12. The Independent Commissioners’ recommendations, in relation to Auckland Transport’s Notice of Requirement for the designation to construct and operate the CRL, have been received and are under review. The Principal Technical Advisor has completed their Establishment Phase and has commenced the Design Definition Phase in preparation of the Reference Design. The project team continue preparations to be collated in an integrated project office by early April.

Upgrade Downtown Ferry Terminals

13. Scope of work is being worked through with Public Transport Operations. A new covered waiting area will be installed on Pier 2 by the end of April 2014

14. Upgrade Downtown Ferry Terminal Pier 3 & 4 - Scoping and initiation works under development is in coordination with the Harbour Edge Programme.

Harbour Bridge Pathway

15. Harbour Bridge Pathway The purpose of the project is to construct a cycle/foot-bridge below/alongside the Auckland Harbour Bridge.

Road Design and Development

Route optimisation CBD

16. Improving Auckland Transport's transport network by maximising use of existing infrastructure, considering all transport modes, improve consistency and customer experience, with a high focus in the City Centre on moving people.

Corridor Management Plans (CMPs)

17. Corridor Management Plans identify the long term (< 30 year) strategic vision for each corridor, based on projected growth and development. Potential network deficiencies, across all modes, are analysed and the CMPs set an integrated transport and land use approach to enable the anticipated growth. CMPs also inform Network Operating Plans, for the day-to-day management of the corridor and influence the planning for other AT projects and operations. A key focus for CMPs is to create robust implementation plans of prioritised projects to address future issues – creating a large portion of AT’s forward programme.

18. January- March 2014

Onewa Rd CMP starts

Mt Albert Rd-Carrington Rd CMP starts

Great South Rd Stage 3 starts

Greenlane East/West starts

Manukau Rd CMP starts

New North Rd CMP starts

Pakuranga Rd CMP underway

Great North Rd CMP underway

Brigham Creek Rd CMP finishes

Oteha Valley Rd CMP finishes

19. April-June 2014 (planned)

Mangere-Otahuhu-Sylvia Park CMP starts

Great North Rd CMP finishes

Onewa Rd CMP finishes

Mt Albert Rd-Carrington Rd CMP finishes

Great South Rd Stage 3 finishes

Greenlane East/West finishes

Manukau Rd CMP finishes

New North Rd CMP finishes

Pakuranga Rd CMP finishes

Great North Rd CMP finishes

Community Transport

School Transport Programme and Road Safety Education

20. The number of schools signed onto the TravelWise Programme has now reached 387.

21. Key activities that were undertaken with the schools included, safety at the school gate parking enforcement, speed enforcement campaigns undertaken with the NZ Police, cycle training, scooter training, school leadership programme for intermediate and high school students and school curriculum transport related activities targeted at road safety and school travel options.

22. Walking School Buses now number 362 in the region with a continued programme of recruitment and recognition for the volunteers who accompany the buses.

23. Demand for cycle training is still strong from schools and greater partnerships with the NZ Police, Sports Trusts and Bike NZ have been developed to deliver cycle training and cycle safety.

24. The following regional road safety education campaigns are being delivered over the for the coming six months:

1. Local speed campaign – focused at all road users

2. Pedestrian safety campaign – focused on youth and at risk sites

3. Cycle safety- winter campaign focused on be bright be seen

4. Back to school speed campaign - focused on targeting drivers speed around schools

Travel Planning and Cycle and Walking

25. Commute travel planning packages and personal journey plans being delivered across the region targeting business, communities, business associations and tertiary institutions.

26. The development of the Auckland Cycle network continues with priority being placed on working with the NZTA on Grafton Gully and Waterview, working with Local Board Greenway proposals, Beach Road, Great South Road, Puhinui Road and the New Zealand Cycle Trail network expansion programme of the Airport to City route.

Road Corridor Access

Corridor Access Request Applications (CAR)

27. There were 1,366 CAR applications approved in March with 80% processed within 5 working days and 94% processed within 15 working days of lodgement.

28. In the last 3 months to the end of March 2014 there have been 3,872 CAR applications approved to carry out work on the road network.

Ultra-Fast Broadband Rollout (UFB)

29. There continues to be a high volume of work underway on the network as Chorus looks to complete the Year 3 (2013/14) build before the deadline set by Crown Fibre Holdings of 31 May 2014. As at the end of March there have been 252 cabinet areas completed of which 133 of these have been signed off and commenced their warranty period.

30. To date 478 of the 522 Year 1 (2011/12) and Year 2 (2012/13) cabinet areas have had the outstanding remedial work completed and have either been moved into warranty or are awaiting final sign off. The completion of the remaining work remains a high priority for both VisionStream and Chorus and it is expected that the remedial work on the remaining cabinet areas will be fully completed by the end of May 2014.

31. The demand for customer connections is continuing to grow as the rollout of fibre continues and more retailers enter the market. Due to improved architecture, Year 3 connections are less disruptive however the connections relating to the Year 1 and Year 2 cabinet areas sometimes require additional deployment and excavation to be undertaken.

Watercare Hunua 4 Bulk Watermain

32. There are currently three crews working at Tidal Road in Mangere, Tutare Road in Papatoetoe and Mountain Road in Mangere Bridge.

33. The works on Tidal Road are currently taking place between Gee Place and Waokauri Place. The works are moving northwards and when they reach the industrial part of Tidal Road the work will be undertaken in shorter sections to minimise the impact for adjoining businesses as much as possible.

34. Discussions are underway with Watercare on future stages of this project between Onehunga and Campbell Crescent and then from Campbell Crescent through to the Khyber Pass reservoir. Despite best endeavours from Watercare they have not been able to obtain approval from the Cornwall Park Trust Board to install the pipeline through Cornwall Park and therefore they now intend to follow local roads around the perimeter of Cornwall Park. The proposed route follows Campbell Road, Wheturangi Road, Wapiti Avenue and Market Road. This outcome is disappointing as the construction of the pipeline will result in considerable disruption and inconvenience to residents and road users along the proposed route. Investigation is also underway to determine the preferred route and construction methodology between Campbell Crescent and the Khyber Pass reservoir. Watercare are investigating the use of tunnelling and other trenchless methods so as to reduce the traffic impacts.

Road Corridor Maintenance

North

35. Good progress has been made with the resurfacing programme with 16.2 km of asphaltic concrete (AC) resurfacing and 88.4 km of chipsealing completed to date.

36. There has been 19.3 km of pavement renewals completed to date with projects recently completed on Bentley Avenue and Whangaripo Valley Road.

Central

37. The chipsealing programme was completed by the end of March and comprised the resealing of 32.3 km of sealed roads in the central area.

38. To date this year there has been 19.9 km of footpaths either resurfaced or replaced in the central area. The UFB rollout has adversely impacted on the delivery of the footpath renewal programme as it has it has affected the availability of suitable resources to carry out the concrete works and the need for coordination of works.

West

39. There has been 13.2 km of AC resurfacing and 33.5 km of chip sealing completed to end of March.

40. There has been 10.1 km of footpaths either resurfaced or replaced to date.

South

41. There has been 17.8 km of AC resurfacing and 140.4 km of chipsealing completed to date. The remainder of the chipsealing programme will be completed in April with the remaining AC resurfacing carried out during April and May.

42. There has been 13.2 km of pavement renewals completed to date with projects recently completed Great South Rd (Coles Crescent to Subway Road), Carruth Road.

Streetlights

43. To date there has been 2,903 luminaires renewed and 603 street light poles replaced this year.

Road Corridor Operations

Route Optimisation: Investigation and analysis.

44. Focus for this year is central Auckland.

45. The Central City has been divided into five key zones and each zone has an assigned technical lead.

46. Stage 1 Investigation and traffic signal optimisation has now been completed on the following routes:

Road/Street	From	To
Quay Street	Lower Hobson St	Solent St
Customs Street	Lower Hobson St	The Strand
Victoria Street	Hobson	Stanley St
Wellesley Street	Hobson	Grafton Rd
The Strand	Quay St	Alten Rd
Albert Street	Quay St	Wellesley
Queen Street	Quay St	Newton Rd
Mayoral Drive/Cook Street	Wellesley St W	Wellseley St E
Nelson Street	SH1	Fanshawe St
Hobson Street	Quay St	SH1
Karangahape Road	Ponsonby Road	Grafton Rd
Wellington Union	Franklin	Karangahape Road
Symonds Street	Mt Eden	Customs
Grafton Road	Khyber Pass	Symonds St

47. Route optimisation has also begun on:

- Highbrook Drive

- Jervois Road

- Ponsonby Road, and

- Rosebank Road.

Network Safety & Operations Improvement Programme

48. This programme is part of the region wide School Travel Planning process. 2013/14. Safety engineering programme developed for 25 Schools and advance designs for 20 Schools for 2014/15 implementation:

49. As at 31^st March 2014:

· 15 projects at design stage

· 13 projects under construction

· 30 projects have been completed

· 18 projects at procurement stage

50. Advance Design for 2014/15 schools programme developed for 20 schools:

51. As at 31^st March 2014:

· 11 projects under investigation

· 60 projects at scheme stage

· 67 projects at design stage

52. 40% of 2013/14 Minor Safety Improvement Programme delivered to date and 40% of 2013/14 Regional Safety Programme is under construction

Urban Kiwi RAP and Red Light Camera Programmes

Kiwi RAP

53. Version 1 of the Urban KiwiRAP risk mapping software has been developed and all Auckland routes, intersections, and vulnerable user groups are mapped and prioritised.

54. Urban KiwiRAP star-rating tender responses have been evaluated and the tender is expected to be awarded by the end of April.

Red Light Cameras

55. A meeting with NZ Police in February updated AT on the tender process and investigated the possibility of AT buying poles in advance of NZ Police procurement of cameras, expected to be in early 2015.

Parking and Enforcement

City Centre Parking Zone price review

56. The project entails adjustment of on-street tariff based on the demand as per the price adjustment policy that was approved by the AT Board in 2012. The policies both state that prices should be adjusted regularly to achieve gradual behaviour change and ensure parking is available for customers to use. The price changes will be first since the implementation of the City Centre Parking Zone in December 2012. The proposed on-street price changes will be communicated to LB and Heart of the City. These will also be made available on AT web site.

Newmarket parking review

57. The proposal is to remove time limits from paid parking areas in Newmarket and move towards a demand responsive pricing approach similar to the Central City Parking Zone.

Howick village parking study

58. "The purpose of this parking review is to provide guidance on parking management within the Howick town centre to support existing activities and future growth. The scope of the Howick Village parking review was to:

(i) Review the existing parking demand and determine the public parking supply in Howick Village.

(ii) Identify the location and nature of parking problems.

(iii) Identify and evaluate potential measures to address the problems and improve the overall parking management.

(iv) Recommend specific short -term actions for implementation and longer term options for future parking management.

59. The development of the Howick Village parking review involved:

(i) Parking utilisation and turnover survey

(ii) Local business perception survey

(iii) Consultation with internal and external stakeholders (the Howick Local Board and the Howick Village Business Association).

Privately owned and controlled parking provision was not included in this review.

Public Transport

Rail Electrification

60. The delivery of 9 from 57 new electric trains, of which seven have been commenced and two are currently being tested and commissioned. KiwiRail is continuing the installation of the overhead system and the section from Wiri to Otahuhu was commissioned to allow night time testing of the trains. Some Sunday to Thursday evening services have been replaced by buses on the Western and Eastern lines to progress the installation of the overhead power supply. Rail patronage for the twelve months to March 2014 exceeded 11 million, an increase of 11% on the same period the previous year and a new record for heavy rail in the Auckland region. Rail service punctuality continues to improve and was 87.9% for the twelve months to March 2014, an improvement from 82.9% the previous year. In January 2014, service punctuality was 91.7% the first time on record that punctuality has exceeded 90%.

Bus - Improvements

61. The major marketing campaign that went live late 2013 is on-going for the “Central Corridors” (Mt Eden Road, Sandringham Road, Dominion Road, Great North Road and New North Road) and is focused on breaking down “myths” and encouraging non-users to change their perceptions of bus travel. The campaign will rolled out to the North Shore region in April 2014. Targeted local direct marketing campaigns providing an overview of local bus services and free tickets to generate trial by non-users that went live late 2013 is on-going with 7,400 households in Tamaki Drive and Albany Central targeted the first quarter of 2014. NZTA has tendered the Total Mobility (TM) Administration System and is expected to better manage the TM scheme leading to efficiencies and reduced risk of fraud. AT Public Transport staff have been involved in the specification development and the subsequent tender evaluation (which is currently on-going) is expected to reach is successful conclusion.

Bus - Integrated ticketing & fares

62. In March 2014, with the implementation of Auckland Integrated Fare System (AIFS) “HOP” on the remainder of the buses, HOP is now available across over 100% of the bus network marking a major milestone for PT. AT staff were on the road at key locations to support drivers and customers during the entire roll-out process that began in late 2013.

Signatories

Authors	Various Auckland Transport authors
Authorisers	Jonathan Anyon, Elected Member Relationship Team Manager

Attachments

No.	Title	Page
a View	Schedule of activities undertaken for the third quarter (2013/14) ending 31 March 2014 and forward works programme for the fourth quarter (2013/14) ending 31 June 2014	31
b View	Traffic Control Committee Decisions July-September 2013	47
c View	Local Board Advocacy Report	49
d View	Local Board Transport Capital Fund Report	53

Signatories

Authors

Various Auckland Transport Authors

Ivan Trethowen, Elected Member Relationship Manager

Authorisers

Judith Webster - Relationship Manager

Waiheke Local Board

22 May 2014

Bylaw review programme update - April 2014

File No.: CP2014/07962

Purpose

1. This report provides an update on bylaw review (policy) and bylaw implementation (operations), covering June 2013 to April 2014. This joint approach to reporting ensures that local boards have a comprehensive overview of the end-to-end programme through to 2015.

Executive Summary

2. Consultation on the proposed navigation safety bylaw closed on 17 March 2014. Staff are now preparing a summary of submissions alongside the full submissions to the hearings panel. The proposed cemeteries and crematoria bylaw was adopted by the Regulatory and Bylaws committee and Governing Body in March, and submissions opened from early April.

3. Further proposed bylaws will be presented to the Regulatory and Bylaws committee shortly covering the next set of topics: Outdoor fires; Stormwater; Trading in public places; Alcohol controls and Animal management (covering animals other than dogs).

4. The 2014 programme for review of local dog access rules is underway with the local boards that are proposing changes this year. Information about the proposed changes will be included with material provided as part of the annual dog registration cycle to minimise costs and ensure simplified communication with these customers.

5. Implementation projects are well underway for the upcoming commencement of Health and hygiene (from 1 July 2014) and Public safety and nuisance (from 26 May 2014). Planning for the new Health and hygiene bylaw and associated licensing has included particular attention for operators where the rules have changed significantly. The majority of these newly registered premises will receive a visit from a member of the environmental health team, and a welcome pack that summarises the standards they are required to meet.

6. The Alcohol licensing readiness project has now completed its key work relating to establishing the new licensing structures needed under the new alcohol act. These are running as intended from 18 December 2013.

7. Review work is continuing on further topics to support completion of the review programme by October 2015, alongside implementation planning for the resulting changes.

8. No formal requests for local board bylaws have been received over the period covered by this report.

9. An investment proposal for the integrated programme is being progressed, to be submitted for consideration as part of preparing the draft 2015-2024 Long-term Plan.

Recommendations

That the Waiheke Local Board:

a) Note the progress of bylaw review and implementation and the forward programme that will complete the review of the legacy bylaws by 2015.

Discussion

The bylaw review programme

10. The bylaw review programme was originally endorsed by the Regulatory and Bylaws committee in December 2010 (refer CP2010/00962) and February 2011 (refer CP2011/00453). It will review the legacy bylaws (that is, the bylaws inherited from the former councils) across approximately 30 topics. A new bylaw will be prepared for each topic where appropriate, or a recommendation made that the underlying issue or outcome is better handled another way.

11. The Regulatory and Bylaws Committee has ownership of the review and local boards are participating through individual workshops and reports. Local Boards are also able to propose that local bylaws are made, to apply only in their area (refer sections 24 to 28 of the Local Government (Auckland Council) Act 2009). Any requests for local bylaws are reported to the Regulatory and Bylaws committee. As stated above, there have been no local board proposals for local bylaws over the last period. This report covers the period June 2013 to April 2014.

12. As this is the first report on this programme since the 2013 local government elections, attachment A provides a brief background to bylaws, including an outline of each bylaw topic.

Update on review of bylaw topics

13. The current state of the review work programme is presented in the table below and the detailed comments for several topics that follow. Attachment B provides an overview of the timeline for the programme.

14. The table below includes reviews that have already been completed. It also covers bylaws that may be folded into other topics (Freedom camping; Arkles Bay Set Netting); the ongoing local boards’ review of dog access rules; and the review that must take place within five years of any bylaw’s adoption.

Table 1: Summary of status and next steps for review of bylaw topics

Topic	Status and Progress – 7 stages								Comments
	Status	1-Preparation	2-Pre-consultation	3-Options	4-Write Bylaw	5-Adopt draft	6-Spec Cons Proc	7-Adopt final
*Reviews completed*
Dog management	G								Completed
Election Signs	G								Completed
Food safety	G								Completed
General administration	G								Completed
Health & hygiene	G								Completed
Offensive trades	G								Completed
Public safety and nuisance	G								Completed
Solid waste (Waste m/ment)	G								Completed
Trade waste	G								Completed
Transport (Auckland Transport)	G								Completed

Work programme
Navigation Safety	G								See below
Outdoor / Rural fires	G
Trading in public places	G								See below
Stormwater management	G
Signs	G								See below
Election signs (amend)	G								See below
Alcohol licensing fees	G
Alcohol controls	G								See below
Animal management	G
Air quality	G
Boarding houses and hostels	G
Cemeteries and crematoria	G
Commercial sex industry	A								On hold pending unitary plan outcomes
Construction and development	G
Onsite wastewater	G
Hazardous Substances	G								See below
Orakei Basin	G
Recreational and cultural facilities	G
Transport (Parks / AC controlled land	G
Water supply and wastewater (reticulation)	G
Wharfs & Marinas	G

Other work
Review - local dog access rules	G								Reviews by local boards - ongoing
Filming fee review	G								See below
Freedom camping	G
Arkles Bay set netting	G
Five year reviews	B

Status summary codes

G	Green - Work is progressing as planned, due date will be met or any revised date will not have wider impacts
A	Amber – Original due date at risk of being missed and this may have wider impacts; or an issue has arisen.
R	Red - Due date has or will be missed and this will have wider impacts; or an issue has arisen that will have wider or significant impacts.
B	Blue - Not yet scheduled. However, background work is underway.

Table 2: Additional comments for particular topics in the bylaw review programme

Public safety & nuisance	On track	G
This bylaw topic crosses the jurisdiction of both Auckland Council and Auckland Transport (meaning there are two parallel bylaws). The new bylaws were adopted in 2013 and come into force in May 2014.

Navigation safety	On track	G
Public submissions were invited on this topic from 14 February to 17 March. Just under 400 submissions were received and are being reviewed. A range of communication approaches – including radio and attendance at relevant events – were used to help publicise the proposal and invite submissions. Hearings are expected in May.

Trading in public places (policy and bylaw)	On track	G
This review will deliver a single draft policy and two draft bylaws (for the council and Auckland Transport). Drafting of these is well underway. It is expected that these will be reported to the Regulatory and Bylaws committee and then the governing body in May. Any new bylaws could come into force for July 2015 (allowing any fee changes to also be put in place with the council’s long-term plan).

Signs

On track

Discussions with local boards are currently underway to identify their views on particular matters including local approaches to issues such as sandwich boards and cross-street banners. Comments from those discussions and other discussions with representatives of businesses and the signage industry will support the preparation of a draft bylaw later in 2014.

This project is also monitoring the progress of the Proposed Auckland Unitary Plan, as this plan also includes signage provisions.

Election signs (amendment)

On track

The Election signs bylaw was adopted by Auckland Transport in May 2013, and was in place for the 2013 local government election. A number of operational issues arose during that election period, and the clarity of relevant clauses is planned to be addressed through a series of drafting amendments that will support a better democratic process. These improve clarity for issues including the use of candidate and “team” signs, signs on private property, the readability of authoriser statements and the display of signs promoting election issues rather than candidates or teams. The amendments also provide for the possible later addition of explanatory notes into the bylaw, where desirable to provide further guidance.

The proposed amendments are being reported to the Auckland Transport Board in April, to allow for consultation on the proposed changes. Local boards will receive further information then.

Changes are also being considered to remove or adjust some of the specified sign sites in the western area. These follow a review of sites against criteria including practicality and safety, and are intended to address issues that arose in 2013. Those local boards where changes are being considered will receive further information on this.

Alcohol controls

On track

Each of the legacy councils had adopted an Alcohol Control bylaw, and put in place a series of alcohol controls through that bylaw. Alcohol controls (previously called liquor bans) prohibit the consumption of alcohol within a specified place, during a specified time.

Legislative changes introduced alongside the government’s reform of laws relating to the sale and supply of alcohol provide the council and police with enhanced powers in relation to alcohol controls. Those changes also require the council to review its existing alcohol controls against a new threshold, as part of any decision to carry those controls forward past October 2015. Following a review of available data, the majority of existing controls across Auckland are considered to meet the new requirements.

A proposed bylaw is planned to be reported to the Regulatory and Bylaws committee shortly. The existing bylaws are broadly similar, and so the new proposed bylaw will largely seek to continue the current arrangements. In line with consultation with local boards from 2011 (alongside other alcohol-related matters), the new bylaw will facilitate local board involvement in decisions on alcohol controls and an improved community-based focus on alcohol issues.

Community-focussed approaches may include crime prevention through environmental design, local community initiatives, discussions with nearby licensees, youth and leadership development programmes, partnering with central government agencies including the Police and the Ministry of Justice, and partnering with local agencies including sports clubs and iwi and town centre / business associations.

These non-regulatory approaches can often lead to significant reductions in alcohol harm and have better long-term effects than regulatory approaches such as making an alcohol control.

Hazardous substances

On track

The former Auckland City Council had a hazardous substances bylaw. A review of this bylaw has indicated that the issues it covered are now addressed adequately through other means, including provisions in other bylaws, the Resource Management Act, National environmental standards, and regulations made under various acts.

Comment is being sought from the local boards where the legacy bylaw currently applies, following which a proposed approach (that could include allowing the bylaw to lapse in 2015) will be brought to the Regulatory and Bylaws committee.

Dog access review

On track

Local boards are able to review dog access rules for local parks and local beaches in their areas on an annual basis. This allows a better response to community views than was possible under the legacy councils’ approaches.

For 2014 selected dog access are being reviewed by the following local boards: Kaipatiki, Orakei, Maungakiekie-Tamaki, Puketapapa, and Hibiscus and Bays.

To ensure that registered dog owners are advised of the proposed changes (as required by legislation) the local boards are including a joint notice within the dog registration package in June. This will reduce costs, and ensure that dog owners receive a single combined communication from the council, rather than multiple messages.

Filming fees review

On track

The Auckland Film Protocol was adopted in 2013, after wide consultation with local boards, the screen production industry, council-controlled organisations and other stakeholders. The protocol aims to create a film-friendly culture across Auckland, based on a two way commitment from the wider council organisation and from filmmakers. It also seeks to help deliver a customer driven service that provides certainty to filmmakers in a globally competitive market, and to enable public good will towards the film industry by setting out expectations of film crews when filming in public places.

Currently there is a range of filming fee structures in place, inherited from the former councils. A filming fees review is now underway to understand how this element of the filming process can be harmonised and improved. The Policies and Bylaws unit is working with ATEED on this project, and it is expected that local board input will be sought on this over the next few months.

Update on implementation of new bylaws

15. Detailed implementation planning is developed by the responsible operations division alongside the process for reviewing each of the bylaws, through a cross council programme called the Integrated Bylaw Review and Implementation (IBRI) programme. Initial planning for implementation starts when the bylaw topic review identifies the issues and options related to each topic. This approach provides the operations division an early indication of the possible shape of the bylaw and its implementation considerations.

16. This programme includes the main groups involved in operating bylaws and delivering the relevant services to our customers. The programme is also helping ensure bylaw reviews can be aligned to other related transformational changes such as the consolidation of information technology systems, customer service improvement programmes and the organisation’s capacity to implement those changes.

17. Implementation of new bylaws will generally cover

· ensuring that the council meets its statutory obligation;

· ensuring that effective operational practices on the control and enforcement of the new bylaws are implemented consistently across the region, and are made available to the general public;

· ensuring that communications to the general public and other stakeholders are well planned and implemented in a timely manner;

· developing and implementing standard business rules and processes that help achieve the council’s customer service standards;

· ensuring that internal services are planned and delivered when needed, and are in alignment with other transformation initiatives;

· putting any changes to fees in place; and

· ensuring that staff are informed throughout the process and are trained on delivering the new services.

18. The table below shows the current status of implementation projects.

Table 4: Summary of status and next steps for implementation projects

Implementation project name	Status and Progress					Link to bylaw topics / Other comments
	Status	1-Preparation	2-Planning	3-Implementation	4-Closure
*Underway*
Alcohol licensing readiness	G					Completed
Alcohol licensing fees	G					See below
Animals (Stage 1)	G					Completed
Dog access review	G
Electoral Signs 2013	G					Completed
Electoral Signs 2014	G
Environmental	G
Facilities	G
Food safety	G					Completed
Health protection	G					Health & hygiene bylaw and code of practice; See below
Marine	G
Public safety & nuisance	G
Revoked bylaws	G					General admin; Offensive trades; Others
Signage	G
Stormwater	G
Street trading / Trading in public places	G					Trading in public places policy and bylaw
Waste management	G					Solid waste bylaw

*Proposed future*
Air quality	B
Alcohol controls (liquor bans)	B
Animals (Stage 2)	B
Construction	B
Transport (AC land)	B

Table 5: Additional comments for particular implementation projects

Alcohol licensing readiness	On track	G
The alcohol licensing project has now completed successfully. This project set out to ensure that the council was able to implement the requirements of the Sale and Supply of Alcohol Act 2012, including the new licensing system and new fees that had to operate from 18 December 2013.

Alcohol licensing fees	On track	G
The Governing Body has resolved that the council adopt its own fees for licensed premises. This is provided for in the Sale and Supply of Alcohol Act 2012. The council can change the fee amounts, using the cost / risk fee categories that have been set by central government. Work is underway to capture actual information on costs, based on operating the new licensing system and the parts of those costs that can be recovered through licensing fees.

Health protection

On track

The Health protection project is implementing the new Health and hygiene bylaw and code of practice (which will come into force from 1 July 2014). A range of user-friendly brochures that summarise key provisions of the health protection code have been prepared to help communicate the requirements to all the people who operate these businesses.

A series of approaches are underway to help ensure operators are aware of the requirements to be followed. The new bylaw (with its risk-based approach) has resulted in some premises that are newly required to be registered, and the communication activities are focussed on these premises. Most of these will receive an individual visit, with an appropriate information pack.

There are also some premises that no longer need to be registered with the council, and this is also being communicated to them.

Funding for bylaw review and implementation

19. The scope and scale of the expected changes mean that implementation requires significant effort and resources, and cost, for some topics. The Strategy and Finance committee made an initial provision for funding the IBRI programme at its meeting of 9 May 2013 (in part; refer item 16, SF/2013/67).

20. As provided for in the resolution, a further investment proposal is being prepared for the 2015-2024 long-term plan. The programme continuously monitors its approach to each bylaw, and where possible captures any cost efficiencies and learnings for later bylaws.

Consideration

Local Board Views

21. Local boards are involved in the review of each bylaw topic (consistent with the review’s principles). This report provides an update on the programme for local boards.

Maori Impact Statement

22. This report does not raise any specific issues relating to Māori. The review of each topic includes considering whether that topic includes any elements of special interest to Māori, and if so the appropriate way to seek a greater level of engagement. Where appropriate, consultation with Māori (on a particular topic) may be linked to consultation on other related topics through the Unitary Plan or other initiatives.

General

23. The recommendations in this report do not trigger the council’s policy on significance.

Implementation Issues

24. Implementation issues are addressed as relevant to each topic, as noted above.

Attachments

No.	Title	Page
a View	Background to bylaws	123
b View	Overview of the timeline for the programme	131

Signatories

Authors

Andrew Simon Pickering - Manager, Planning, Policies and Bylaws

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Judith Webster - Relationship Manager

Waiheke Local Board

22 May 2014

An introduction to Bylaws

Summary

1. This attachment provides a brief introduction to bylaws and the process that is now underway to review the bylaws that were inherited by the Auckland Council from the former councils. It is being provided to local boards alongside their regular update report, as this is the first such update report since the 2013 local body elections.

2. A bylaw is a rule or regulation made by a local authority, and it can therefore reflect both regional and local preferences. The Auckland Council inherited 158 bylaws across 32 broad topics from the former councils. These are referred to as “the legacy bylaws”. Most of these current bylaws must be reviewed by 31 October 2015.

3. A review programme has been underway since 2010, focusing on the outcomes sought for each topic and how these outcomes apply to Auckland. It is taking into account legislative requirements (and timing due to central government’s legislative programme), identified council priorities and alignment with the council’s strategic vision, gaps (if any), other policy work and administrative improvements or cost reductions where possible. It will provide an opportunity for addressing inconsistencies from the various approaches adopted by the former councils, ultimately leading to a coherent and aligned set of Auckland Council bylaws. Not all legacy bylaws will be replaced with new bylaws.

4. Auckland Council and Auckland Transport can both make bylaws within their particular areas of influence. Legislation also provides specific roles related to bylaws for local boards and Watercare Services Limited.

What are bylaws

5. A bylaw is a rule or regulation made by a local authority, and can therefore reflect local preferences. This means they are an important tool for council as it seeks to deliver the agreed community outcomes and reflect community preferences.

6. Most bylaws are made under the Local Government Act 2002 (LGA 2002) but other bylaws may be made under such acts or regulations as the Health Act, the Dog Control Act, the Burial and Cremation Act, the Prostitution Reform Act and the Transport Act. Bylaws may not over-ride legislation made by parliament and cannot generally require standards that are higher than those set nationally.

7. Bylaws generally permit or regulate certain activities, require certain activities to be done in certain ways or prohibit certain activities. Bylaws may also license persons or property and set fees for certificates permits, licences, consents or inspections. In line with good regulatory practice, the LGA 2002 requires a local authority, before making a bylaw, to determine whether a bylaw is the most appropriate way of addressing a perceived problem, and to ensure that the proposed bylaw is not inconsistent with the New Zealand Bill of Rights Act.

8. The special consultative procedure under the LGA 2002 is used for making, amending, or revoking a bylaw. This requires the council to consider the views and preferences of people likely to be affected, or have an interest in a council decision. It must then publicly notify its proposal to make, amend or revoke a bylaw, outline in writing the reasons for such actions, invite and hear submissions and make deliberations in open meetings on its proposal. For some topics other legislation may modify or over ride some of these general requirements.

9. Typically the Regulatory and Bylaws committee will receive and endorse each draft bylaw and statement of proposal (SOP), before it is approved by the governing body for public consultation.

Auckland Council and bylaws

10. The Auckland Council originally inherited 158 bylaws from the former councils across 32 broad topics, and transitional legislation provided for these bylaws to remain operative in the former council areas until replaced or revoked. A number of different rules therefore operate across the region, and some of the local board areas have conflicting bylaw rules. Those conflicts must be resolved over time to support consistent governance and customer service.

11. Auckland-specific legislation sets out particular roles within the bylaw process for local boards and Watercare Services Limited. These groups can perform actions that lead up to bylaw adoption, including proposing bylaws and leading public consultation on those bylaws.

12. This legislation also makes most of the legacy bylaws expire on 31 October 2015. This means that the review of each topic and the implementation of any new bylaw or non-bylaw approach must be completed by that date.

13. An outline of the bylaw topics is provided in appendix 2.

14. Decisions on ten topics were made within the first term of the Auckland Council: Dog management; General administration; Offensive trades; Solid waste; Transport (roads); Food safety; Election signs; Health and hygiene; Public safety and nuisance; and Trade waste.

The programme of bylaw review and implementation

15. The council has established a programme to review the legacy bylaws, and implement any resulting changes to its processes and service delivery. This alignment allows the council to achieve improvements in customer service and efficiencies in an ordered way. As one example, a new approach to food safety was implemented on 1 July 2013. This included a new harmonised approach to the A to E grading of food premises; harmonised fees; and harmonised set of requirements for training of those employed to prepare and sell food across Auckland café’s and restaurants and other food outlets.

16. A set of eight principles were adopted in 2011 to guide the review. These are set out in appendix 1 and summarised below.

1) Ensure that regulation by bylaw is appropriate

2) Every bylaw should relate to a strategy or policy

3) The regulatory framework should be accessible to users

4) Bylaws should follow a consistent structure

5) Local boards should be involved in the bylaw-making and review process

6) Where a bylaw establishes a region-wide framework, it should also provide if appropriate a transparent and locally accountable procedure for making specific operating rules under delegated authority

7) All bylaws should have a clear, practical and efficient approach to enforcement

8) The bylaw-making or review process must include consideration of how administration, implementation, monitoring and review elements will be achieved

17. Regular updates on the programme are provided to the Regulatory and Bylaws committee and to local boards.

Appendix 1: Principles to be reflected in the bylaw review

Principle

Comment

1 Ensure that regulation by bylaw is appropriate (Appropriate Mechanism)

The Local Government Act 2002 requires a local authority, before making a bylaw, to determine whether a bylaw is the most appropriate way of addressing an objective. Alternatives such as education, self-regulation and advocacy for national standards or regulation should be considered.

Where regulation is appropriate, the right place for this must be determined. For example, a given topic may have been addressed in a bylaw by some of the former councils, and through district plan rules for others (e.g. signs).

2 Every bylaw should relate to a strategy or policy

(Strategic or Policy Alignment)

Bylaws should generally support (and be based on) a policy adopted by the council, e.g. a comprehensive street trading policy for activities such as outdoor dining, busking and events, should be in place before a bylaw is made to regulate such activities. In some cases the policy and the bylaw may be worked on in parallel.

3 The regulatory framework should be accessible to users

(Accessible to Users)

Regulatory requirements for a given activity may be located in a variety of places (e.g. bylaws, the district plan, the building code, codes of subdivision). Providing a carefully designed interface to these documents (and making links between them) will improve customer service and certainty.

4 Bylaws should follow a consistent structure

(Consistent Structure)

The use of a standard bylaw form (with appropriate customisation where necessary) is likely to make bylaws easier to use, and to reduce costs of ongoing maintenance.

5 Local boards should be involved in the bylaw-making and review process

(Local Board Engagement)

This will ensure that Local Boards are involved in development of policy, bylaws, specific rules and delegations that will either affect their local board area, or guide later Local Board decision-making under the adopted bylaw framework.

6 Where a bylaw establishes a region-wide framework, it should also provide if appropriate a transparent and locally accountable procedure for making specific operating rules under delegated authority

(Transparent and locally accountability)

This supports ongoing legislative compliance and provides for efficient decision-making where specific rules are determined pursuant to a bylaw (as opposed to being contained within a bylaw). It will also allow ample opportunity for local decision-making (by local boards or officers) without the need for governing body or committee scrutiny, where appropriate.

7 All bylaws should have a clear, practical and efficient approach to enforcement

(Enforceable)

Bylaws must be able to be enforced to be effective. Rules, and the enforcement approaches that can be used when these rules are breached need to be clear.

8 The bylaw-making or review process must include consideration of how administration, implementation, monitoring and review elements will be achieved

(Operational considerations)

Bylaws are typically put in place to address a particular issue or support a particular outcome. This is likely to be achieved in a more effective, efficient and transparent way if operational elements are considered through the policy and bylaw development process.

This would often include the process for making or review of any specific rules to give effect to, or that are required for, the administration of the bylaw, considering the level of delegation proposed, and the information needed to confirm that the bylaw has the intended effect.

This will ensure that bylaws are able to be enforced on commencement, and bylaw development will be viewed as part of a wider process.

Appendix 2: Topics covered by Auckland Council and Auckland Transport bylaws

Alcohol Control (Auckland Council)

Alcohol control bylaws allow councils to control the possession and consumption of alcohol in public places. This is commonly achieved by creating on-going alcohol controls (also called liquor bans) in specified public places over specified times so that it becomes an offence to consume, bring into or possess liquor in such public places at such times. The council is not able to apply a blanket ban to prevent alcohol being consumed in all or in large parts of its area.

Animals and Pests (Auckland Council)

These bylaws generally control the keeping of poultry, pigs, bees and cats and the slaughter of stock in urban areas and deal with stock wandering onto public places in rural areas.

Cemeteries (Auckland Council)

Cemetery and crematoria bylaws typically facilitate the management of cemeteries and crematoria under council’s control. They cover the sale of burial plots, reservation of areas for special purposes, provisions for internments, keeping graves and monuments in good order, the control of vehicles and the keeping of records.

Commercial sex industry including Brothels (Auckland Council)

The Prostitution Law Reform Act allows territorial authorities to make bylaws to prohibit or regulate signage visible from a public place that advertises commercial sexual services. The same act allows a territorial authority to make bylaws regulating the location of brothels.

Construction and development (Auckland Council and Auckland Transport)

Bylaws in these areas often work alongside the requirements of the Building Act. They may be used to protect public safety and amenity by controlling structures, materials and work in, on or over or adjacent (e.g. demolition) to public places. Bylaws may require street damage deposits and manage the construction and use of vehicle crossings. Bylaws may also regulate awnings, verahdahs and balconies over public places so that they meet minimum standards for safety and cleanliness.

Dogs (Auckland Council)

The council must have a dog policy, and the dog bylaw gives effect to this policy. The policy and bylaw must set out areas where dogs are prohibited, where they are required to be on-leash, where they can be off-leash and designated dog exercise areas. The Dog Control Act requires dog owners to be notified of proposed changes to the dog policy and dog control bylaw; these changes are co-ordinated where ever possible to minimise cost and simplify messages to owners.

Environmental Protection (Auckland Council)

Some councils use bylaws to control the use of outdoor lighting to prevent light spill and glare, whereas others would use district plan rules. Bylaws in this group may require premises to be kept in a clean, hygienic and tidy condition and may require burglar alarms to reset after sounding for a maximum of 15 minutes

Food safety (Auckland Council)

These bylaws regulate the sale of food and are complementary to the requirements of the Food Hygiene Regulations. These bylaws allow the closure of unhygienic premises, require staff working in food premises to have a minimum qualification in food hygiene and allow the grading of premises so that customers are informed about the cleanliness and conduct of premises selling food to the public. Provisions also apply to the sale of food from road side stalls so that the food is prepared and sold in a hygienic state.

Hazardous substances (Auckland Council)

Bylaws in this area may control the storage of hazardous substances and may also be used to ensure the safe storage of bulk liquids, so that any spillage may be safely contained to prevent water pollution.

Health and hygiene (Auckland Council)

These bylaws cover such activities as hair removal, piercing, tattooing, acupuncture to prevent the transmission of infectious diseases such as hepatitis B and HIV through inadequate hygiene practices or un-sterilised equipment. Bylaw provisions generally require the licensing of premises undertaking these activities, the adequate training of staff, sterilisation equipment and practices that reduce the risk of infection.

Hostels / boarding houses (Auckland Council)

Auckland City Council was the only council to have a bylaw controlling the standards of low cost accommodation such as hostels, guesthouses, rooming houses, boarding houses, motels and back packer accommodation. These are not licensed by other legislation and can suffer from poor conditions. This bylaw sets standards for safety, ventilation, sanitary conditions, maintenance and maximum occupancy.

Liquid and trade wastes (Auckland Council with Watercare Services Limited)

The Auckland Regional Council, Rodney, North Shore and Franklin had trade waste bylaws to regulate the discharge of wastes into sewage systems to prevent damage to those systems and or damage to sewage treatment plants. Watercare Services administers the trade waste bylaws.

Auckland City Council had a Waiheke Wastewater Bylaw to ensure the proper operation of septic tanks and other on-site wastewater disposal systems. Rodney, North Shore and Papakura had similar provisions for on-site wastewater disposal.

Navigation safety, wharves and marinas (Auckland Council and Auckland Transport)

Bylaws made under this subject matter include the Navigational Safety Bylaw which controls activities on the waters around the region. Provisions regulate the speed of vessels near the shore, near other vessels, around wharves and ramps, include requirements that anchored or moored vessels be seaworthy, and requirements around life jackets. Provisions regulate moorings and anchorages, place controls on water skiing, provide priority for large vessels within pilotage limits, and limit vessels carrying explosives and oil tankers etc.

Auckland City also had a bylaw which works in conjunction with the Auckland Regional Council Navigational Safety Bylaw to control the use of Orakei Basin so that there is a safe separation of powered and non-powered vessels using the basin. Some bylaws also cover wharves and marinas.

Public safety and nuisance / Street trading (Auckland Council and Auckland Transport)

Public places bylaws provide the ability to enforce general restrictions in public places (parks, reserves, squares, public footpaths and berms etc) to protect those public places from misuse and to protect the safety and amenity of those using such public places. Such bylaws may also cover street trading such as displays and café tables and public performances and events. They may also ban fireworks from certain areas and may also require property owners to exhibit street numbers so buildings are easily identified.

Recreational and cultural facilities (Auckland Council)

North Shore, Waitakere, Auckland and Manukau councils had bylaws regulating the use of libraries, swimming pools, art galleries, halls and recreation centres. Some or all of these activities may be able to be regulated by methods other than bylaws, such as, conditions of membership (libraries), conditions of entry (art galleries, recreational centres and pools) or contract (hall hire etc).

Rural fires / outdoor fires

Several councils adopted rural or outdoor fire bylaws to help manage risks related to these fires. These assist the rural fire service (which is managed by the council). The bylaw supports the issuing of fire permits and the fire ban process (in times of heightened risk).

Solid wastes (Auckland Council)

Solid waste bylaws typically regulate the collection of household (and some cases business) rubbish by council or their contractors. These bylaws may also licence waste collectors and set fees for the disposal of rubbish at council owned sites. The council can include provisions prohibiting placing junk mail into letterboxes which have stickers requesting “no junk mail” or similar. Solid waste bylaws may not be in conflict with the council’s waste management and minimisation plan.

Signs (Auckland Council and Auckland Transport)

These can cover signs such as sandwich boards, banners, ladder signs and real estate signs. Auckland City Council controlled the use of all types of advertising signs through a signs bylaw whereas other councils only used bylaws to control specific types of signs (e.g. temporary signs) and used district plan rules to control other types of signs. Specific rules apply to election signs (usually in a separate bylaw).

Stormwater management (Auckland Council)

Auckland City and Papakura District had stormwater management bylaws to manage open watercourses and pipes that are used to discharge stormwater to the coast. These bylaws generally require landowners to keep watercourses free from obstruction so they function correctly for stormwater transport. They also support the ongoing use of stormwater soakage in some volcanic parts of Auckland.

Traffic (Auckland Council and Auckland Transport)

Traffic bylaws regulate matters such as one-way roads, roads with weight restrictions, speed limits, the stopping, loading and parking of motor vehicles, bus lanes, cycle paths and shared zones which are not regulated by central government. A traffic bylaw may also address the driving of vehicles on beaches, and controls on specific areas such as the Auckland Domain. Auckland Transport is now responsible for bylaws relating to the Auckland transport system (including roads), with the council responsible for other areas such as roads within parks.

Water supply (Auckland Council with Watercare Services Limited)

Most of the amalgamated councils had water supply bylaws. These cover topics including metering, connection, protection of the supply from contamination, water conservation, provision for fire fighting, and use of water from hydrants.

Chairperson	Paul Walden
Deputy Chairperson	Shirin Brown
Members	Becs Ballard
	John Meeuwsen
	Beatle Treadwell

Operational Expenditure	Total Budget	YTD Allocated (%)		Allocation Including Recommendations (%)		Remaining Budget
SLIPs Opex 2013/2014	$310,029	$284,121	92%	$288,301	93%	$21,728

Capital Expenditure	Total Budget	YTD Allocated (%)		Allocation Including Recommendations (%)		Remaining Budget
SLIPs Capex 2013/2014	$411,263	$410,865.85	93%	$410,865.85	93%	$30,397.15

No.	Title	Page
a View	Workshop record of proceedings - 4 April 2014	165
b View	Workshop record of proceedings - 11 April 2014	167
c View	Workshop record of proceedings - 2 May 2014	169
d View	Workshop record of proceedings - 9 May 2014	171

Authors	Carmen Fernandes - Democracy Advisor
Authorisers	Judith Webster - Relationship Manager