Agenda of Devonport-Takapuna Local Board

Portfolio	Responsibilities	Primary	Associate
Governance	Board leadership Board-to-Council and Board to Board relationships Board to CCO relationships (strategic governance matters) Civic duties Advocacy (local, regional and central government) Community partnerships Relationships with Maoridom Relationships with youth Relationships with government Unitary Plan Policy and planning: - local board plan - local board agreement - local area plan	Chairperson	Deputy Chairperson
Economic development	Key relationships with ATEED Business Improvement Districts Establish and promote local priorities in relation to economic development and tourism Town centre renewal, design and maintenance Town centre marketing and community safety	Member Bergin	Member Hale (with lead responsibilities for events)
Community development and resilience	Community development Neighbourhood relationships Community advocacy Community safety (excluding town centres) Graffiti removal Relationships with Civil Defence Emergency Management Group Community preparedness disaster response relief and recovery Artistic and cultural service levels Promoting artistic endeavour	Member Roe	Member O’Connor
Parks and natural environment	Neighbourhood parks and reserves (including esplanade reserves and the coastline) Design and maintenance Plantings, playgrounds, tracks, bollards, walkways and green cycleways Local priorities in relation to regional environmental management Coastal management including mangrove encroachment and erosion mitigation Restoration of wetlands, streams and waterways Natural heritage Events	Member Gillon	Member Cohen Member Roe (particular involvement in walking, cycling, walkways, cycleways and greenways only)
Transport and infrastructure	Transport projects and policy matters (e.g. roading, footpaths, public transport) Infrastructure projects and policy matters (e.g. water, stormwater)	Member O’Connor	Member Hale
Regulatory	Oversight of regulatory activities including: - bylaws - consent processes (including input in to decisions on notifications for resource consent applications) - licensing and compliance Liquor licensing and enforcement Heritage issues	Member Hale	Member Gillon
Recreational and community facilities	Stewardship of recreation centres and community facilities Libraries (including events and services relating to libraries and recreation centres) Local arts facilities and amenities	Member O’Connor	Member Hale

Note: these allocations and responsibilities will be reviewed in May 2015 prior to the changeover of the chairperson.

1 Welcome

2 Apologies

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

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 19 August 2014, including the confidential section, as a true and correct record.

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

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

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days’ notice of subject matter and applications are approved by the Chairperson of the Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

At the close of the agenda no requests to speak had been received.

At the close of the agenda no requests for deputations had been received.

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

At the close of the agenda no requests for public forum had been received.

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

11 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Devonport-Takapuna Local Board

16 September 2014

Deferral of 2014/2015 capital projects

File No.: CP2014/19684

Purpose

1. To seek agreement from the Devonport-Takapuna Local Board to the list of capital projects outlined in Attachment A that are proposed for deferral from 2014/2015, prior to consideration by the Finance and Performance Committee on 18 September 2014.

Executive summary

2. Prior to decisions being made by the Finance and Performance Committee regarding a 2014/2015 capex deferral programme, engagement was held with all local boards.

3. Between 12 and 19 August 2014, staff attended 21 local board workshops to outline the capex deferral process and obtain feedback on proposed deferrals affecting each local board area.

4. On 21 August 2014, the Finance and Performance Committee resolved that decisions on the deferral of local board capital projects from 2014/2015 to 2015/2016 be deferred until local boards have formally considered and responded to each project in full (FIN/2014/47).

5. The list of capex projects proposed for deferral is outlined in Attachment A.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) formally consider and agree the deferral of capex projects outlined in Attachment A to 2015/2016.

b) note that any projects where timing has been deferred, but project planning is underway, should be given high priority in the 2015/2016 capital programme.

Comments

Background

6. As foreshadowed in the 2014/2015 Annual Plan and Long-term Plan (LTP) workshops, operating budgets for 2015/2016 (the first year of the LTP 2015-2025) would need to be reduced by about $90 million to achieve a 2.5 per cent average rates increase.

7. It is not possible to reduce the average rates increase for 2015/2016 down to 2.5 per cent solely by reducing or deferring capex in that particular year. The lagged impact of changes in the capital programme on operating budgets means that reducing or deferring capex in 2014/2015 will have a greater impact on rates for 2015/2016.

8. Since amalgamation the quantum of planned projects each year has exceeded council’s capacity to deliver. While delivery capacity is now increasing, a significant bow wave has built up. This historical underspend is acknowledged in the Annual Plan and factored into council’s rates and debt projections by way of a $207 million assumed underspend. However, the individual projects that will not be delivered are not explicitly identified in the Annual Plan as they had not yet been identified.

9. Council staff have reviewed 2014/2015 capex budgets to identify work that must be completed this year as a matter of practical necessity, or where not doing the project in this timeframe would negatively impact existing service levels, external revenue or the realisation of efficiency savings.

10. The specific categories used to develop the list of deferred projects and process undertaken is explained further in Attachment B, which was circulated to local boards prior to the proposed capex projects for deferral being discussed at a recent workshop.

11. In order to develop a realistic capex programme for 2014/2015 and contain pressure on rates in 2015/2016, staff recommend that the capex projects included in Attachment A be explicitly deferred from 2014/2015 to 2015/2016, and be included as part of the LTP prioritisation process.

12. Between 12 and 19 August, staff attended workshops for all 21 local boards to obtain feedback on the proposed capital deferral schedules for 2014/2015. This engagement provided opportunity for local boards to ask questions, reinforce the reason for deferring capital funds and provide feedback on the status of projects in alignment to criteria used to assess proposed deferrals.

13. Of the total proposed projects for deferral tabled at the Finance and Performance Committee on 21 August 2014, regional projects amounted to $80 million; local projects amounted to $35 million and CCO’s collectively deferred $109 million.

14. Staff reduced the total of local projects for deferral by approximately $7 million due to responding to the information provided through the recent workshops held with local boards. These reductions were due to corrections in applying the criteria used for identifying potential deferrals. Attachment A takes into account these reductions.

15. Local boards also identified projects that are discretionary and could be deferred, but which are very important to their local community. Rather than making decisions about removing any high-priority discretionary projects from the deferral list, staff included these comments in the schedule provided to the Finance and Performance Committee.

16. The decisions being made are budget adjustments that represent timing changes only. Any decisions to drop or reprioritise projects should be made as part of the LTP process.

17. Through September and October local boards, the governing body, CCOs and council staff will all contribute to the development of draft LTP 2015-2025 budgets in response to the Mayoral Proposal. Decisions on discretionary local budgets will be made by local boards in October, and decisions on regional activities and local asset based services will be made by the Budget Committee on 5-7 November.

18. Local board plans, along with the Auckland Plan and the agreed spatial priorities, will help inform this prioritisation. Final decisions on which projects are included in the LTP 2015-2025 will be made by 30 June 2015, following full public consultation.

Attachments

No.	Title	Page
a View	List of 2014/2015 projects proposed for deferral until 2015/2016 including local board feedback	9
b View	Local board memo distributed prior to the workshops on 7 August 2014	11

Signatories

Authors

Taryn Crewe - Financial Planning Manager - Council Parent

Authorisers

Matthew Walker - Manager Financial Plan Policy and Budgeting

Karen Lyons - Manager Local Board Services

Devonport-Takapuna Local Board

16 September 2014

Devonport-Takapuna Local Board Community Development, Arts and Culture Work Programme 2014 – 2015 Final

File No.: CP2014/17130

Purpose

1. The purpose of this report is to report back on discussions held on the Community Development, Arts and Culture (CDAC) 2014 - 15 Devonport-Takapuna Local Board work programme and to seek final approval.

Executive summary

2. The CDAC work programme 2014 – 2015 for the Devonport-Takapuna Local was presented to the board at its meeting on 17 June 2014. At the meeting the board resolved ()to defer the approval of the work programme pending discussions with staff to clarify the budget, and to ensure that the activities in the work programme did not duplicate the activities of community partners (resolution DT/2014/139).

3. Staff met with the Chairperson and portfolio holders on 15 July 2014 and discussed these issues to the satisfaction of the board members present. The work programme is now attached for approval from the board.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve the Devonport-Takapuna Local Board Community Development, Arts and Culture Work Programme 2014 – 2015.

Comments

4. The CDAC work programme 2014 – 2015 for the Devonport-Takapuna Local was presented to the board at its meeting on 17 June 2014. At the meeting the board resolved to (resolution DT/2014/139):

a) defer approval of the Community Development Arts and Culture (CDAC) work programme 2014/15 until its July meeting (excluding the undertakings outlined in resolutions b) through f) below), subject to further discussion with relevant council staff at the next available board workshop regarding:

i. planned activities to be undertaken with regard to place making and capacity building in the community facilities, services and recreation priority areas;

ii. ii.the budgets and existing resources available for those activities listed in Attachment A that will be undertaken ‘within existing resources’; and

iii. iii.further clarity as to how the proposed CDAC work programme relates to those activities planned for 2014/15 by key community groups and stakeholders in order to avoid duplication of service / programme delivery.

5. Senior Community Development and Safety (CDS) staff met with the Chairperson and community resilience portfolio holders on 15 July 2014, at which they confirmed budgets for the listed activities and clarified how the work programme outlined would not duplicate community stakeholder activities.

6. The following points were covered in the discussion:

· Placemaking: This activity is carried out primarily by the community coordinators (CoCos) and supported by CDS by providing access to specialist courses (e.g. UNITEC summer series), seminars or one on one mentoring. An example is CDS funding the company ‘Catalyse’ to support the Takapuna CoCo to undertake placemaking in Sunnynook and Takapuna neighbourhoods. The objective is to provide support to community partners and not to replicate their activities.

· Capacity building: This includes liaison with community partners, such as Raeburn House and NSCSS, who deliver courses and seminars to strengthen the community sector. CDS also commissions projects such as the Community Coordinator Refresh to strengthen the delivery of community development on the North Shore.

· The role of CDS is to support community partners, broker relationships with council departments and resources, and ensure that reporting and accountability meet local board requirements.

· The existing resources do refer to existing budgets and staff time.

· As many community development projects emerge during the financial year, it was agreed that any significant expenditure or project will be discussed with local board portfolio holders before being committed.

Consideration

Local board views and implications

7. The draft 2014 – 2015 work programme was considered by the local board at a workshop on 22 April 2014 and again on 15 July 2014.

Maori impact statement

8. Improving Maori outcomes is a priority for the region. One of the Auckland Plan targets is to increase targeted support to Maori community development projects. The CDAC work programme deliverables aim to improve well-being among Maori living in the local board area. The focus of this CDAC work programme is to support Maori targeted initiatives.

Implementation

9. CDAC staff will continue to meet with portfolio holders to provide updates on the work programme and ensure it is progressed in a timely way. The CDAC work programme will be implemented within the annual plan 2014 – 2015 budget.

Attachments

No.	Title	Page
a View	CDAC Work Programme FY 2014-2015 for Devonport Takapuna Local Board	19

Signatories

Authors

Karen Johns - Manager Community Development and Partnerships North

Authorisers

Kevin Marriott - Acting Manager Community Development Arts and Culture

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 September 2014

Proposed Takapuna Centre Plan

File No.: CP2014/17970

Purpose

1. To seek the Devonport-Takapuna Board’s endorsement of the Takapuna Centre Plan.

Executive summary

2. The Takapuna Centre Plan: Implementing the Takapuna Strategic Framework (the centre plan) highlights and provides greater visibility for the transformational projects in Takapuna’s commercial heart. It is a continuation of the Takapuna Strategic Framework (TSF), providing further detail on the transformational projects proposed by the TSF as well as an update on how council is implementing previous planning work. Features of the centre plan are:

§ Principles to guide future development within Takapuna;

§ Place-shaping factors which are integral to Takapuna’s unique character;

§ Three headline projects designed to showcase Takapuna’s potential for improvement; and

§ Other actions that council and Auckland Transport can undertake.

3. The centre plan has been prepared with key internal stakeholders involved in the headline projects and other actions. Public engagement was not carried out because the plan’s content is largely an update of previous work identified through extensive public engagement and community feedback. The plan is intended, through its clear and accessible format, to make the community and private interests aware of the headline projects that will help to transform the heart of Takapuna over the next 30 years.

4. The current version of the centre plan contains amendments that resulted from a workshop with the local board on 23 June 2014.

5. Following local board consideration, the centre plan will be reported to the Auckland Development Committee for endorsement for publication.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) endorse the ‘Takapuna Centre Plan: Implementing the Takapuna Strategic Framework’ and recommends to the Auckland Development Committee that the plan be approved for publication

Comments

Background

6. The Takapuna Centre Plan: Implementing the Takapuna Strategic Framework (the centre plan) highlights and provides greater visibility for the transformational projects in Takapuna’s commercial heart. It is a non-statutory document that reinforces Auckland Council’s vision for Takapuna’s future as a metropolitan centre.

7. The centre plan brings together ongoing planning initiatives (Takapuna Strategic Framework; the Auckland Plan, Devonport-Takapuna Area Plan, and various transformation projects) as they relate to Takapuna centre. Features of the centre plan are:

§ Principles to guide future development within Takapuna;

§ Place-shaping factors which are integral to Takapuna’s unique character;

§ Three headline projects designed to showcase Takapuna’s potential for improvement; and

§ Other actions that council and Auckland Transport can undertake.

8. The centre plan was drafted in collaboration with key internal stakeholders involved in the three headline projects and other actions. Public engagement has not been carried out as part of the centre plan development. This is because the plan’s content is largely an update of how council is implementing previous planning work identified through extensive public engagement and community feedback.

9. The plan is intended, through its clear and accessible format, to make the community and private interests aware of the headline projects that will help to transform the heart of Takapuna over the next 30 years.

The Takapuna Strategic Framework (TSF)

10. The centre plan was prepared as a continuation of the Takapuna Strategic Framework (TSF). North Shore City Council prepared the TSF in 2010 to guide the strategic growth and change of Takapuna centre and its surrounding area over the next 30 years. Much of the research, analysis and community feedback are directly reflected in the content of the centre plan.

11. Since the adoption of the TSF, Auckland Council and the private sector have undertaken projects to improve Takapuna Centre. Examples include council’s upgrades in Hurstmere Green, and private projects such as McKenzies and ‘the Commons’.

12. Current council projects including the funded Hurstmere Street upgrade, and private developments (such as a new dinning precinct along the Strand) build on the strengths of the local economy and the lifestyle attraction of the centre. The completion of the centre plan is timely for council’s consideration of projects in the TSF as part of the Long-term Plan (LTP) process.

The Auckland Plan, the Draft Devonport-Takapuna Area and Local Board plans

13. In mid-2014 the local board endorsed the Draft Devonport-Takapuna Area and Local Board Plans. The area plan is a 30-year local spatial plan to achieve the directions of the Auckland Plan at a local board level. The local board plan sets out the priorities and preferences of the local community over a three year period and provides the context for local board decision making.

14. Responding to what the community has said, these documents identified the need for the Takapuna Metropolitan Centre to be an area for prioritised investment by council and the private sector. The centre plan gives effect to this priority though its headline projects and identified actions.

Key content of the Centre Plan

15. The proposed Takapuna Centre Plan is attached as Appendix A for review. Following explanatory and context sections, the centre plan sets out principles and place-shaping factors identified by the TSF and more recent work. The place-shaping factors which will anchor any future development within the ‘sense of place’ unique to Takapuna’s beach-side setting are:

§ Character and landscape

§ Urban form

§ Public open space

§ Activities

§ Access and movement.

16. The centre plan focuses on providing more detail on the headline projects proposed by the TSF. They are catalyst projects identified as having the most effect on the long term success of Takapuna’s commercial heart. They signal council’s intent to the private sector and through strong images and graphics, and the plan seeks to capture the community’s imagination and enthusiasm for the possibilities of those projects. The headline projects are:

§ Redevelopment of council-owned Anzac St carpark into a quality mixed-use development in the heart of Takapuna

§ Upgrading the open space link between Hurstmere Green, the Strand, and Takapuna Beach thereby opening the centre to its stunning coastal setting

§ Progressive streetscape upgrades beginning with Hurstmere Road, to transform the centre’s public spaces.

17. Other actions are identified to be delivered over the next 30 years. These focus on projects that, in collaboration with Auckland Transport, council can work on to achieve quality developments on its own properties, streets, and public open space.

Consultation to date

18. As noted earlier, there has been no further public engagement in developing the centre plan. However, community engagement for the Devonport-Takapuna Area Plan and the Local Board Plan, which took place from 14 July to 7 August, provided the following views relevant to Takapuna centre:

§ General support for development of Takapuna’s commercial heart

§ Support strengthening linkages between the centre and Takapuna Beach

§ Support improvements to Hurstmere Road.

Consideration

Local board views and implications

19. A working draft of the centre plan was work-shopped with the local board on 23 June 2014. The discussion around the content of the plan is summarised below.

Local board feedback	Staff response
While local board members generally supported the purpose and initiative of the centre plan, there was no consensus on the balance of open space to development depicted in the concept image for Anzac Quarter.	Worked with council’s urban design team to come up with an alternative configuration which better aligns with the concept first endorsed by the local board at the workshop on development options for the Anzac Street carpark site in December 2012.
Public Open Space’ preferred over the term ‘Public Realm’	Changed terminology

20. The subsequent amended version of the centre plan was work-shopped with the local board on 25 August 2014. The comments from the workshop will be tabled at the local board’s meeting of 16 September 2014.

Maori impact statement

21. No specific engagement with Maori was undertaken as part of the Takapuna Centre Plan. Maori aspiration for Takapuna centre is given effect by the centre plan through its strategic links with previous planning initiatives and the draft area and local board plans.

22. Consultation with mana whenua was undertaken on the Takapuna Strategic Framework Discussion Document. More recently, in February and July 2014, hui were held with 9 mana whenua groups and matawaaka representatives on Maori aspirations for the Draft Devonport-Takapuna Area Plan. As a result of the hui, Maori outcomes were developed and integrated throughout the draft plan.

23. The key opportunity identified in the draft area plan include partnering with mana whenua on local environment projects and exploring opportunities to develop and use open space to actively highlight their role as kaitiaki. The public space projects highlighted in the centre plan provides such opportunities.

Implementation

24. Implementation of the Takapuna Centre Plan can occur through a range of methods including the Long-term Plan (including Local Board Agreements), local board plans, and advocacy for the delivery of projects through other agencies (including CCOs). The delivery of the identified projects will be dependent on continued commitment of funding and council working together with the private sector.

Attachments

No.	Title	Page
a View	Takapuna Centre Plan	27

Signatories

Authors

Wayne Siu - Policy Analyst

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 September 2014

Preparation of a Devonport-Takapuna Local Economic Development Action Plan

File No.: CP2014/19761

Purpose

1. The purpose of this report is to seek endorsement from the Devonport-Takapuna Local Board to undertake a local economic development (ED) action plan. The report outlines the process for developing an action plan, the activities involved, and timeframe for delivery.

Executive summary

2. The development of local ED action plan has been signalled in the draft Devonport-Takapuna local board plan.

3. Local boards have an important role to play in local economic development, and provide informed input to regional economic development initiatives where appropriate. Development of a local economic development action plan provides a mechanism to identify local economic development issues and opportunities, and scope and implement initiatives in response.

4. The board is now being asked to endorse the preparation of a Devonport-Takapuna local ED action plan. If approved, staff will prepare a draft action plan for local board approval in December 2014, which will identify priority projects and initiatives that will enhance local economic development within the local board area.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) endorse the preparation of a local economic development action plan for the Devonport-Takapuna Local Board.

b) approve funding of up to $25,000 for the development of a local economic development action plan.

Comments

5. The purpose of a local ED action plan is to confirm prioritised local economic development activities in Devonport-Takapuna that will improve economic outcomes.

6. The completion and implementation of an action plan is signalled within the draft Local Board Plan. The plan will be a platform for the Devonport-Takapuna Local Board and other parties to advocate or catalyse priority activities for economic development. It will build on the board’s economic development priorities identified in the draft local board plan to encourage new business, and support existing business activity that significantly improves the local economy and provides job opportunities for local people. The growth in numbers of new high-value businesses and jobs, along with a growing number of creative and innovative enterprises, is also important for the local board.

7. The action plan will be developed by the local economic development team for the local board in collaboration with stakeholders including BIDs, business associations, Auckland Council/ATEED, and education, industry and sector groups. Developing the action plan provides the opportunity to engage with a range of stakeholders who deliver economic development initiatives, thereby emphasising a partnership approach to the delivery of local economic development.

8. If endorsed, the plan will be drafted between October and December 2014. This will include a review of key strategies, plans, research projects, and current and planned economic development initiatives within the local board area. The review will provide an understanding of the local economic context, and the strengths, opportunities and challenges of the local economy will guide initial stakeholder conversations, and inform the development of actions for the plan. Further targeted consultation with key stakeholders will take place once the local board approves the draft economic development action plan prior to the local board’s final endorsement.

9. The action plan will be the mechanism to prioritise the local board’s support for economic development and indicate budget allocations over a three year period. The action plan will also be reviewed annually, providing a focus on activity underway, completed actions and potential new opportunities. The priority actions will then be finalised as the local economic development work programme for the following financial year.

Consideration

Local board views and implications

10. An initial meeting has been held with the Devonport-Takapuna Deputy Chairperson to discuss the proposed local economic development action plan. The Economic Development portfolio holders will be kept up to date with, and be involved with the development of plan. A preliminary workshop with the local board has been scheduled for the 7^th October to discuss local economic development priorities. In addition, a draft action plan will be presented to the local board in December for feedback and approval prior to final consultation.

Māori impact statement

11. There is specific reference to Māori economic development within the Auckland Economic Development Strategy. Te Waka Angamua will be involved with the development of the draft action plan in order to identify local iwi and Māori businesses that should be consulted. This will enable local economic opportunities and challenges within the Devonport-Takapuna local board area to be identified from a Māori perspective.

12. As part of developing the local economic development action plan, some actions may be identified which are relevant to the Tāmaki Collective or the Maunga Authority (currently under formation). Consultation with these groups would be required if this is the case.

Implementation

13. The local economic development action plan will form the basis for the local economic development work programme for the local board. The work programme should include the priority projects that are identified in the local economic development action plan.

14. In the final quarter of each year, Auckland Council’s Local Economic Development team will hold a planning workshop with the local board to review the action plan, and completed actions will be removed and new ones added. Priority projects will be included in the local economic development work programme for the following financial year.

Attachments

There are no attachments for this report.

Signatories

Authors

Janet Schofield - Business Area Planning Manager

Authorisers

Eric Perry - Relationship Manager

Harvey Brookes - Manager Economic Development

Devonport-Takapuna Local Board

16 September 2014

Submissions on the Devonport-Takapuna Draft Local Board Plan

File No.: CP2014/20466

Purpose

1. This report presents a more detailed analysis of the submissions received to the Devonport-Takapuna Local Board Draft Local Board Plan (the draft plan).

Executive summary

2. The consultation period for the Devonport-Takapuna Draft Local Board Plan ended on 6 August 2014.

3. 388 submissions were received to the Draft Devonport-Takapuna Local Board Plan 2014. Of these, 32 were proforma based submissions relating to smokefree issues there were 29 pro-forma based submissions relating to football facilities at Dacre Park. Thirty five of the submissions received were made to all draft local board plans.

4. 94 submitters requested the opportunity to speak in support of their submission at a public hearing.

5. A high level summary of the submissions received was presented in the ‘Summary of submissions to the Draft Devonport-Takapuna Local Board Plan 2014’ report that the board considered when hearing oral submissions.

6. This report provides a more detailed level of analysis of the submissions received along with the analysis set out in that earlier report.

7. The majority of submitters largely supported the draft plan. There were however a large number of refinements suggested by submitters. A more detailed analysis of the submissions received on the draft plan is attached as Attachment A.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the analysis of submissions regarding the Devonport-Takapuna Draft Local Board Plan.

b) agree the areas of potential changes to the Devonport-Takapuna Draft Local Board Plan.

c) delegate portfolio holders the authority to provide further comments to the Local Board Advisor as the final plan is drafted for adoption.

d) adopt the Devonport-Takapuna Local Board Plan 2014-2017 at its meeting on 14 October 2014.

Comments

8. All submissions received have been entered into the Feedback Management System (FMS) and coded to the outcomes, objectives and key initiatives set out in the draft plan.

9. The coding structure contained in the FMS was tailored to the content of the draft plan, with separate codes being created for each outcome, objective and key initiative. This structure has enabled detailed analysis of the comments made on differing aspects of the draft plan.

10. Notwithstanding this detailed structure, coding is not a precise science. For example, many submitters responding on the pro-forma submission form contained in the summary document, responded to question four, which asked if there were any items missing from the draft plan. Many of the responses made to this question made comment on issues that were in fact included in the full draft plan, but which had not been included in the summary document.

11. Due to the largely hierarchical structure of the draft plan into outcome areas, objectives and key initiatives, it is also possible in most cases to code the same response to more than one element of the draft plan.

12. In addition to considering the analyses set out in the attachment to this report, board members should also refer to the detailed submissions when considering recommended changes they may wish progress.

Consideration

Local Board Views

13. The Devonport-Takapuna Local Board will consider its final Draft Devonport-Takapuna Local Board Plan 2014 at the Local Board Plan 2014 hearing meeting on Tuesday 14 October.

Maori Impact Statement

14. The Devonport-Takapuna local board has given consideration to Māori outcomes throughout the development of the Devonport-Takapuna Local Board Plan; consequently the implementation of the plan has the potential to contribute to positive outcomes for Māori.

15. The Devonport-Takapuna Local Board met with mana whenua and mataawaka during the early stages of the development of the local board plan. Views expressed by mana whenua and mataawaka during this hui have been considered and helped inform the development of the plan.

16. The outcomes, objectives and initiatives included in the plan will support the delivery of the Auckland Plan. All of the draft plan will benefit Māori as part of the Board’s community. A number of initiatives focus directly on issues of importance to Māori such as improving and maintaining the natural environment or documenting and marking sites important to Māori heritage. Other areas of the draft Plan such as its initiatives focusing on youth (employment, cultural and recreational) or public transport initiatives will particularly benefit impact on Māori due to the Māori community’s demographic and socio-economic characteristics.

Implementation Issues

17. Implementation issues on the various matters raised in submissions will be considered when making decisions at decision-making meetings on the Draft Devonport-Takapuna Local Board Plan on 14 October 2014.

Attachments

No.	Title	Page
a View	Analysis of Submissions	63

Signatories

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

Devonport-Takapuna Local Board

16 September 2014

Provision of Lane Spaces at Takapuna Pool and Leisure Centre

File No.: CP2014/16797

Purpose

1. To inform the board of operational changes required to the allocation of pool space at the Takapuna Pool and Leisure Centre to allow for improved community access.

Executive summary

2. Pool space at the Takapuna Pool and Leisure Centre is coming under increased pressure due to facility membership and ‘Learn to Swim’ registrant growth. Currently user groups occupy up to 60 percent of available pool space on some nights. Facility management will be reducing the lane space allocated to some regular user groups. This will increase available lane space to the general public, other community groups and ‘Learn to Swim’ programmes.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the report.

b) support the Centre Manager of the Takapuna Pool and Leisure Centre to initiate discussion with key users groups about the changes to lane space to enable an increase in lane space for general public and other community groups and programmes.

Comments

Background

3. The Takapuna Pool and Leisure Centre is coming under growing pressure to balance the allocation of lane space between general public, lane swimmers, children’s free play, ‘Learn to Swim’ lessons and regular user groups. There has been a steady increase in facility memberships and increased usage from general public lane swimmers and a growing ‘Learn to Swim’ programme. Coupled with the introduction of free swimming for under 16 year olds, aquatic space is at a premium especially at peak times between 5pm and 8pm on weeknights.

4. Due to the changing demands for water space by the community, the number of lanes allocated to some long standing user groups will need to be reviewed in order to meet the requirements of all community groups, the general public and the facility’s operational requirements.

5. Two groups that will be especially impacted by this change will be the North Shore Swimming Club and the North Shore Masters Swim Club. Historically, these clubs have been allocated a significant portion of lane space in peak times. For example, the North Shore Swimming Club utilises 4 of the available 6 lanes on a Tuesday and Thursday evening between the hours of 6pm and 8pm, which is an identified peak time for pool usage for casual users and an area of potential growth for the ‘Learn to Swim’ programmes. Facility management is proposing a change to the times and allocation of lane space to better accommodate competing demands from the wider community and operational needs.

Strategic Context

6. The Mayor’s vision for Auckland includes getting people active, and two key aspects of this are to provide quality opportunities for all Aucklanders to participate in sport and recreation activities and to optimise the use of recreation and sport facilities. In order to meet these priorities the utilisation of pool space needs to be reviewed constantly in order to provide effective, efficient allocation of the space available.

7. The free swimming policy for under 16 year olds has meant an increase in younger swimmers, and an increased need to provide structured and unstructured space for this age group.

8. ‘Learn to Swim’ programmes offered from the Takapuna Pool and Leisure Centre continue to grow in popularity and promote an important life skill that allows children to enjoy a wide variety of aquatic activities, and ultimately contribute to reducing the drowning statistics.

Consideration

Local board views and implications

9. At a workshop on 24^th June 2014, the recreation portfolio members of the Devonport –Takapuna Local Board (Members Hale, O’Connor and the Chairperson) supported in principle the reduction of lane space to allow improved community access to pool space and an increased ‘Learn to Swim’ service.

Maori impact statement

10. N/A

Implementation

11. Once this report has been received by the local board, implementation will take place in two stages. The first will be contacting all user groups and discussing their usage of the pool along with proposed changes in September. At this point user groups will be invited to submit their pool space requests for 2015. Bookings will be based on projected numbers and agreed capacity in a lane based on children or adults.

12. Changes to pool space allocation and bookings will occur in the first school term of 2015 in February, and space will be booked on an as available basis.

Attachments

There are no attachments for this report.

Signatories

Authors

Michael Groom - Group Manager Eastern Region

Authorisers

Rob McGee - Manager Leisure – Parks, Sports and Recreation

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 September 2014

Explanation of the Regional Graffiti Vandalism Prevention Programme

File No.: CP2014/13156

Purpose

1. To provide information to the Devonport-Takapuna Local Board around the graffiti prevention programme, specifically addressing enforcement statistics, scope of contracts and prevention strategies.

Executive summary

2. Graffiti vandalism prevention staff attended the April Devonport-Takapuna Local Board meeting to discuss a rise in graffiti incidents in the area. Further information was requested by the board that included strategies to reduce graffiti vandalism, as well as statistics regarding enforcement against offenders. The board also sought clarification around the scope of the eradication services in the business district.

3. Devonport-Takapuna Local Board area has had 1,674 graffiti incidents between 1 July 2013 and 26 May 2014. This is the fourth lowest number of graffiti incidents per local board area in the Auckland region.

4. The board area also scored highly on an independent bi-annual regional survey of graffiti vandalism with a score of 100 out of 100 for assets in-scope of the contract, and an ambient score of 93 out of 100. The score of 100 indicates that there was no graffiti present on in-scope assets at the time of the audit. The ambient survey is in relation to graffiti that can be seen by the public, regardless of whether the asset is in-scope or out-of-scope of the contract. A score of 93 indicates that there was some graffiti present near the audit site but it was minor in extent and many people passing through would not notice it.

5. This report provides an explanation around the cost effectiveness of the graffiti vandalism prevention programme and why the extent of in-scope assets should not be increased. It also outlines prevention methods suitable for the board area. This includes rapid removal of graffiti within the local board area, murals for hotspot walls and a regional communications plan. Other options that may not be cost effective given the low level of offending in the board area would be youth led activation of hotspot areas. Enforcement information is also provided for the northern contract area.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Explanation of the Regional Graffiti Vandalism Prevention Programme report.

Comments

6. New and improved graffiti vandalism prevention services commenced across the Auckland region on 1 July 2013. The service scope across the region is now consistent and has been substantially increased. Residential immediate street frontage walls and fences (including small business premises) are now attended to daily by specialist service providers. In existing service agreements, “small business” refers to owner operated small businesses, neighbourhood shops and shop frontages within a town centre. Large commercial properties are not within the scope of services. These include industrial, corporate entities, body corporates, franchises, retailing chains, banks and vehicle service stations.

7. During the April 2014 local board business meeting, the board requested staff to look at the scope of the contracts in regards to shop frontages:

Resolution Number DT/2014/74:

That the Devonport-Takapuna Local Board:

b) requests that more shop frontages, where appropriate, be brought into the scope of the Graffiti Vandalism Prevention Programme in consultation with the Business Improvement Districts (BIDs) and the community facilities trusts, to ensure consistency of delivery.

8. The inclusion of large commercial properties in the service agreements was cost prohibitive during the procurement process. Current resourcing and funding levels do not allow for an increase in the scope of the contracts. Community Safety staff are available to work with the local board to develop creative responses to graffiti vandalism in their area, alongside business and community partners as appropriate.

9. Staff discussion recently took place with the Takapuna Beach Business Association manager to offer support and clarify how to work together effectively.

10. During the April 2014 local board business meeting, the board requested staff to report back to the board on graffiti vandalism reduction strategies:

Resolution Number DT/2014/74:

That the Devonport-Takapuna Local Board:

c) requests officers to report back to the board on how they will reduce the level of graffiti in the board area.

11. Staff attended the Devonport-Takapuna Local Board Community Development and Resilience Portfolio meeting on 24 July 2014 to discuss graffiti vandalism prevention strategies.

12. One of the most effective prevention strategies for graffiti vandalism is rapid removal. Community Safety requested council staff and contractors be more proactive in the board area after the local board raised concerns in the April 2014 business meeting. Staff received positive feedback from members at the portfolio meeting that graffiti had not been as much of an issue in the past few months. Staff will endeavour to keep this level of eradication service in the board area from now on.

13. Graffiti prevention staff work with town centre managers across the region to develop locally appropriate strategies to reduce graffiti vandalism. Examples include murals on highly vandalised blank walls and sharing CCTV footage to assist in identifying offenders.

14. Staff also discussed other options at the portfolio meeting. Based on international, national and Auckland-based evidence of what is effective in graffiti education and prevention, two new strategies under development for the region are:

· a communications campaign targeted at residential and commercial property owners that provides advice on graffiti reduction strategies; and

· a community activation of hotspot areas, led by young people.

15. Communication campaign

16. A regional communications campaign will target residential and commercial property owners and provide them with effective methods to reduce graffiti that support placemaking and community building at the same time. The campaign could include:

· appropriate paint colours to use for quick removal by contractors;

· planting techniques to restrict access to blank walls;

· crime prevention through environmental design (CPTED) approaches including lighting;

· mural and public art opportunities with links to local artists and placemaking toolkits; and

· education around the cost of vandalism on the city.

17. The campaign will use written communication, online content and social media. Where appropriate, network groups will be established linking specialist staff, contractors, police, business associations and community members.

18. Hotspot activation

19. As part of efforts to improve perceptions of safety in high priority areas, staff will identify the 10 most prolific graffiti vandalism hotspot areas in the region based on the Stop Tags database records. Council staff will work with external organisations and community groups to rejuvenate spaces and activities for youth in appropriate sites within or around the hot spot areas. Examples of activities could include sport modules or competitions, art activities (including community murals or sculptures), landscape design or gardening, community markets organised and hosted by young people, dance events, fitness, games, local film and business enterprise initiatives.

20. The criteria identified for this programme includes:

a) must engage young people in design and delivery

b) must be at or near hotspots

c) must build on existing community leadership, networks and skills

d) not be a one-off event; rather an on-going and sustainable activation of space

e) does not include interventions that might increase graffiti vandalism (i.e. legal walls)

f) must engage with local residents and community members around the public spaces being activated, to encourage their involvement in the public space activation.

21. The graffiti incident records for Devonport-Takapuna local board area are not among the regional or the northern hotspot areas, and as such the board area would not be a priority for this initiative this year. There is significant cost associated with this activity, as the criteria states that it needs to be an on-going activity for it to be effective. If the hotspot activation appealed to the local board and local board funding was available, staff would welcome a discussion on how delivery of this activity in the board area could be assisted. However, staff will continue to work closely with local boards to surface other ideas and initiatives to combat graffiti vandalism.

22. The regional graffiti vandalism prevention plan also incorporates enforcement strategies in the prevention model. Graffiti vandalism enforcement investigators work closely with police while gathering evidence and information to hold vandals accountable for their actions.

23. During the April 2014 local board business meeting, the board requested staff to report back on the level of success of the enforcement component of the graffiti vandalism prevention programme.

Resolution Number DT/2014/74:

That the Devonport-Takapuna Local Board:

d) requests officers to report back to the board on the level of success of identifying offenders and the prosecution rate.

24. During the 2013/2014 reporting period investigators worked on five cases relating to offenders from the northern area, none of whom were from the Devonport-Takapuna Local Board area.

Consideration

Local board views and implications

25. Resolution Number DT/2014/74:

That the Devonport-Takapuna Local Board:

a) continues to monitor the number of graffiti vandalism incidents in the Board area, along with the Graffiti Vandalism Prevention Advisor, and identify and report on any significant positive or negative fluctuations.

c) requests officers to report back to the Board on how they will reduce the level of graffiti in the board area.

d) requests officers to report back to the Board on the level of success of identifying offenders and the prosecution rate.

Maori impact statement

26. This report is for information only and therefore does not have direct impact on Maori. Community Development and Safety work in the community contributes to improving wellbeing among Maori communities. Some programmes, such as CAYAD, do work closely with local Maori, but this report does not focus on Maori communities or local Iwi specifically.

Implementation

27. This report is for information only. There are no outcomes being suggested and as such nothing will be implemented as a result of receipt of this report.

Attachments

There are no attachments for this report.

Signatories

Authors

Brian Taylor - Community Safety Programme Manager

Authorisers

Kevin Marriott - Acting Manager Community Development Arts and Culture

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 September 2014

Auckland Transport Update on Issues Raised in August 2014 for the Devonport Takapuna Local Board

File No.: CP2014/18160

Purpose

1. This report provides an update on transport related issues raised by local board members during August 2014. It also includes general information about matters of interest to the Local Board and Attachment A -Schedule of Issues raised in August 2014.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the report entitled ‘Auckland Transport Update on Issues Raised in August 2014 for the Devonport Takapuna Local Board’.

Comments

Local Board Resolution

2. At the Devonport-Takapuna Local Board meeting in April the board requested:- Auckland Transport provide an update report as a matter of urgency regarding the timelines, budget, public engagement process and indicative designs (if available) for the delivery of a new ferry passenger terminal at Bayswater marina (resolution DT/2014/76).

3. A report into the potential future operability of a bus and ferry integrated facility is underway and due for completion late September 2014. The report will also focus on any impact the prospective facility might have on the building currently occupied by the Takapuna Grammar Rowing Club.

4. Subject to funding approvals and public transport projects prioritisation, it is anticipated that the construction and installation of a pontoon and bus waiting area could commence in late 2015 or early 2016, with completion targeted for 2017.

5. Public engagement is anticipated to commence in 2015 as the options study for the bus/ferry facility gets underway.

6. The budget in the Long Term Plan (LTP) for delivery is in 2021/22 although, as advised at local board meeting in April 2014, the project prioritisation will be assessed in 2015 with the view to bringing funding forward, subject to approval by Auckland Transport and Auckland Council.

Auckland Transport News

Savings on the City Rail Link

7. A significant design change to the City Rail Link (CRL) will save over $150 million, improve the reliability and journey time of train services, minimise construction disruption in Symonds Street and reduce property purchase requirements.

8. Auckland Transport (AT) has decided to redevelop the existing Mt Eden Station and connect it to the CRL, rather than build a new underground station at Newton.

9. Since the CRL concept design was developed two years ago, there has been concerted effort to optimise the design and drive value for money. The change that has resulted from this focus will reduce costs by removing the very deep Newton Station, which will also reduce construction disruption in upper Symonds Street by 12 to 18 months.

10. The improved design will connect passengers at Mt Eden Station to the CRL, which previously by passed them and improve operation reliability through the provision of a separated east-west junction so train lines will not need to cross over each other.

Parking Discussion Submissions Closed

11. Submissions on the Draft Parking Discussion document have now closed after widespread public interest.

12. More than 4300 submission have been received. There have also been a large number of face to face briefings with organisations throughout the region.

13. The draft document identifies parking problems affecting the entire region and discusses positive ways to fix them. This is the first time all aspects of parking in Auckland have been reviewed.

14. The parking discussion document looked at the use of Park n Rides, residential parking zones, managing on and off street parking in the central city and on arterial roads and parking in town centres.

15. Submissions will now be categorised and grouped to identify key themes. Proposed responses will be developed ready for consideration and review by Auckland Transport’s Board. Once the review is completed, a high level parking strategy for the region will be developed.

16. Starting sometime next year, detailed consultation with local boards, councilors, communities and business groups will be undertaken on localised changes.

Public Transport use at Record levels

17. At the halfway point in 2014, indications are showing that Auckland is heading for a record year for the number of people using public transport in Auckland.

18. Patronage totaled 72,396,155 for the 12 months to June, which is an increase of 5.6% on the previous year.

19. More than six million people used the buses, trains and ferries in June, a rise of just under 7% on June last year. Rail is continuing to be a big performer up 14% for the June year. Rail patronage totaled 11,435,085 passengers for the 12 months.

20. Bus services have also had a strong year; the Northern Express services have carried 6.5% more passengers year on year. Other bus services saw an increase of 4.2%

21. Ferry trips totaled 5,109,947 an increase of 3.1%

Local board views and implications

22. This report is for the local board’s information.

Maori impact statement

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

Implementation

24. There are no implementation issues.

Attachments

No.	Title	Page
a View	Devonport Takapuna Issues Raised by Local Board Members During August 2014	125

Signatories

Authors

Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport

Authorisers

Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 September 2014

Auckland Council Property Limited Local Board Six-Monthly Update 1 January to 30 June 2014

File No.: CP2014/20442

Purpose

1. To give the Devonport-Takapuna Local Board an overview Auckland Council Property Limited’s (ACPL) activities for the six months 1 January to 30 June 2014.

Executive Summary

2. ACPL’s vision is to be a ‘centre of excellence’ that provides commercial expertise and value for money to council in managing its property portfolio, acquisition and disposal activities, and the delivery of projects that implement council development initiatives.

3. This report sets out a summary of ACPL activities for the past six-months that contribute to our seven key outcomes as outlined in our Statement of Intent (SOI) 2014 to 2017. Activity detail is broken down by business unit or work-stream, with a focus on local board specific activities where applicable.

4. ACPL’s seven key outcomes are as follows:

§ Properties managed for council and Auckland Transport (AT) are maintained to be fit for purpose and achieve optimum net returns.

§ Place-shaping projects involving other sector partners are efficiently planned and managed to help achieve a quality compact Auckland.

§ ACPL contributes exemplar housing developments to increase the supply of housing in Auckland, particularly in the more affordable spectrum of the market, working with partners.

§ Council business interests are managed to protect long term value and achieve budgeted net income.

§ Property acquisitions are undertaken in a commercially robust manner and in accordance with council and AT agreed requirements and relevant legislation.

§ Properties are disposed of for council in a commercially robust manner once declared surplus.

§ Council is provided with a commercial perspective on planning and development initiatives to support effective implementation of those initiatives.

5. Local board specific supporting detail is included in Attachments A, B, and C.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Auckland Council Property Limited Local Board six-monthly update 1 January to 30 June 2014.

Comments

Workshops and Meetings

6. A schedule of Devonport-Takapuna Local Board workshops and meetings attended by ACPL representatives from January to June 2014 is included as Attachment A. The list includes property specific meetings and workshops relating to general property management and the ongoing Portfolio Rationalisation Process.

Property Portfolio Management

7. ACPL manages all Auckland Council or AT owned non-service properties. These are properties that are not immediately required for service delivery or infrastructure development.

8. The property portfolio continued to grow during the last six-months and now totals 1185 properties, which represents an increase of 90 properties since our February 2014 update. The current property portfolio includes industrial sites and buildings, retail tenancies, cafés, restaurants, offices and a substantial portfolio of residential properties.

9. ACPL’s specialist property knowledge and understanding enables us to optimise revenue streams and identify future opportunities. ACPL’s return on the property portfolio for the quarter ending 30 June 2014 provides the shareholder a net surplus of $1.9m ahead of budget, with an actual surplus of $25.4m against a budget of $23.5m. During the quarter the average monthly collectable arrears rate and vacancies rate were respectively 2.1% and 2.4%, which is well under the SOI targets of 5% and 3%.

10. A properties managed schedule is included as Attachment B of this report. The schedule details:

§ Current ACPL managed commercial and residential property within the Devonport-Takapuna Local Board area;

§ Each property’s classification or reason for retention;

§ The nature of the property, such as a café within a library, or a residential property with a tenancy in place; and

§ The budget under which operating expenditure and lease revenue for the property is reported, e.g. regional or local board.

11. A report indicating portfolio movement in the local board area is attached as Attachment C. The report details all new acquisitions including the reason for acquisition, any transfers and the reason for transfer, and any disposals.

Portfolio Review and Rationalisation

Overview

12. ACPL is required to undertake ongoing rationalisation of council’s non-service assets. This includes identifying properties from within council’s portfolio that may be suitable for potential sale and development if appropriate. ACPL has a particular focus on achieving housing outcomes. Identifying potential sale properties contributes to Auckland Plan outcomes by providing council with an efficient use of capital and prioritisation of funds to achieve its activities and projects.

Performance

January to June 2014 Targets

UNIT	TARGET	ACHIEVED	COMMENTS
Portfolio Review	$12.3m disposal recommendations	$14.8m	These recommendations include $5.6m of sites that are identified for development projects

13. In setting future disposal targets ACPL is working closely with council and AT to identify potentially surplus properties.

2014/2015 Targets

UNIT	TARGET	COMMENTS
Portfolio Review	$30m disposal recommendations	These targets will include disposal recommendations and sales for sites that are identified for place-shaping and housing development projects
Development and Disposals	$30m net sales

Process

14. Once identified as a potential sale candidate a property is taken through a multi-stage Rationalisation Process. The agreed process includes engagement with council, CCOs, the relevant local board and mana whenua. This is followed by ACPL Board approval, engagement with the relevant local board and the Independent Maori Statutory Board, and finally a governing body decision.

Under review

15. Properties currently under review for future use opportunities via the Rationalisation Process in the Devonport-Takapuna area are listed below. The list includes any properties that may have recently been approved for sale or development and sale by the governing body. Further details are included in Attachment B.

PROPERTY	DETAILS
1/41 & 3/41 Anzac Street, Takapuna	Properties acquired as part of a road widening project. Released by AT for infrastructure purposes and progressed through the Rationalisation Process to evaluate future use options. No internal EOIs received from the wider council family. Sale approved by local board in July 2013. Presented to the governing body in April 2014 and cleared for sale. Sold and settled in July 2014.
6 aka 37 Fred Thomas Drive, Takapuna	Cleared for sale by the governing body in March 2014 subject to partial sale to Watercare. Site now sold.
397 Lake Road, Takapuna	Not required by AT for infrastructure purposes. No EOIs received internally. Disposal endorsed by the Devonport-Takapuna Local Board. Property presented to the governing body in April 2014 and approved for sale. ACPL now preparing for sale.

Place Shaping and Housing Initiatives

Overview

16. ACPL is contributing commercial input into around 48 council-driven place-shaping and housing initiatives region wide. Involvement extends from provision of initial feasibility advice through to implementation, with projects ranging in size from $400k to in excess of $100m. ACPL works closely with local boards on ACPL-led developments to ensure we give effect to the local boards’ place-shaping role.

17. ACPL is also actively contributing to the Housing Action Plan Group, which is a council initiative focusing on non-regulatory efforts to encourage and increase affordable residential development. We have an SOI target to undertake five housing development projects with an affordable housing component over three years that would encompass Community Housing Organisation involvement. We are currently actively working on 13 such projects.

Local Activities

18. A high level update on place-shaping and housing initiative activities in the Devonport-Takapuna area is outlined in points below.

19. Gasometer Site - Northcroft and Huron Street, Takapuna: Subject to a legacy development agreement with Location Group entered into by the legacy North Shore City Council. The concept was for the development of an integrated apartment, retail and car park building with 750 car parking spaces being acquired by AT at the conclusion of the development. Discussions with the Location Group have now concluded and that development will not progress.

20. ACPL has issued an exclusivity option on the site to potential alternative developers. The developers are undertaking sensitivity analysis and exploring development options. Analysis includes transport and infrastructure asset analysis and a concept plan for mixed-use development

21. The initial concept work for this development included a substantial residential component. Residential components will continue to be considered in potential outcomes for this site.

22. Central Car Park Land, Takapuna: ACPL is working with City Transformations on a long term project evaluating potential redevelopment of this block. Traffic and parking reports are being prepared for this site and will allow for further direction on council’s vision.

23. 27 Lake Road, Devonport: Approval to progress with the master-planning exercise for this site was given by the governing body on 6 June 2013, subject to retention or reconfiguration of the incumbent Refuse Transfer Station, protection of heritage elements and continuation of community leases in place at the heritage Clay Store.

24. ACPL’s development unit completed a detailed evaluation of the site throughout July to December 2013. The evaluation indicated the complexity of the site, with elements including heritage elements, zoning restrictions, local business operators and existing service functions, such as the incumbent resource recovery unit and parks access. A consolidated commercial development was found not to be feasible given current constraints.

25. ACPL’s property management team investigated options for maximising the commercial potential for the non-service elements of this site. Consideration was given to potential reconfiguration or upgrade of the commercial tenancies. However, such work was found to be unsupported by improved commercial outcomes and therefore not financially feasible at this time.

26. Devonport Wharf: Devonport Wharf is a public transport (PT) facility. ACPL is continuing to work to progress options for a proposed Transit Oriented Development/refurbishment of this wharf.

27. Property Optimisation: An increasing focus for ACPL is property optimisation. In this we are keen to work with local boards on development opportunities that facilitate upgrades within the service portfolio. For example, a community facility upgrade may be funded by incorporating the facility into a mixed-use development that makes better use of the overall site. We welcome the opportunity to review any such opportunities that may be identified by the Devonport-Takapuna Local Board.

Acquisitions

Overview

28. ACPL continues to support council and Auckland Transport programmes and projects by negotiating required property acquisitions. All such acquisitions are funded through approved council or Auckland Transport budgets. We also provide advice to assist with budgets, business cases and strategy to support an acquisition.

29. By the end of the financial year 2013 to 2014, 207 property purchases were completed for council and AT to the value of $132.4m. All of the property acquisitions met independent valuation thresholds agreed with AT, council and Public Works Act 1981 requirements.

Council Acquisitions

30. Over the past six months, 14 properties were acquired to meet council open space and storm water requirements and to contribute to City Transformation projects. These included the following acquisitions in or neighbouring the Devonport-Takapuna Local Board area.

PROPERTY	STAKEHOLDER	PURPOSE	LOCAL BOARD
139 Beach Road, Castor Bay	Community, Policy and Planning	Open Space	Devonport-Takapuna
136 Birkdale Road, Birkdale	Community, Policy and Planning	Open Space	Kaipatiki
20 Park Avenue, Birkenhead	Parks, Sports and Recreation	Open Space	Kaipatiki

Auckland Transport Acquisitions

31. 72 properties were also acquired over the past six-months on behalf of AT. The focus was on acquisitions to support major transport projects such as AMETI (30 acquisitions), Dominion Road (7 acquisitions), Te Atatu Road (9 acquisitions) and City Rail Link (16 acquisitions). Full details of relevant AT projects and associated acquisitions will come to the local board directly from AT.

Business Interests

32. ACPL manages eight business interests region wide on council’s behalf. This comprises two forestry enterprises, two landfills and four quarries. There are currently no ACPL managed business interests in the Devonport-Takapuna Local Board area.

Consideration

Local Board Views and Implications

33. This report is for the Devonport-Takapuna Local Board’s information.

Maori Impact Statement

34. The importance of effective communication and engagement with Maori on the subject of land is understood. ACPL has accordingly developed robust engagement with the 19 listed Tamaki region mana whenua groups for our core business activities.

35. Key engagement activities include: identifying cultural significance concerns regarding disposal properties, flagging commercial interests, development partnering discussions and issues relating to property management such as protection of waahi tapu or joint management relating to Treaty Settlements. ACPL also engages with relevant mana whenua in respect of development outcomes for ACPL-led projects where appropriate. ACPL will advise the Devonport-Takapuna Local Board as appropriate of any discussions that arise in the local board’s area.

36. ACPL has additionally undertaken to be part of council’s Maori Responsiveness Plan (MRP) pilot programme. The project’s key output is an operational document outlining ACPL’s contribution to council’s strategic and operational commitments to Maori. The Improvement Planning Phase of this project is nearly complete. We anticipate finalising our MRP in September/October 2014.

Implementation

37. There are no implementation issues.

Attachments

No.	Title	Page
a View	Schedule of meetings and workshops	163
b View	Properties Managed by ACPL in the Local Board area	165
c View	Property movement in the Local Board area	167

Signatories

Authors

Caitlin Borgfeldt - Local Board Liaison

Authorisers

David Rankin - Chief Executive

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 September 2014

Scope of 2014/2015 Review of Local Dog Access Rules for the Devonport-Takapuna Local Board area

File No.: CP2014/19139

Purpose

1. The purpose of this report is to determine the scope of the review of local dog access rules in the Devonport-Takapuna Local Board area in 2015.

Executive summary

2. The Auckland Council Governing Body delegated the review of dog access rules on local park, local beach and local foreshore areas to local boards in 2012.

3. The primary objective for local boards in making decisions on dog access is to ensure public safety and comfort, and to ensure that the needs of dogs and their owners are met.

4. The governing body has established a standard process to assist local boards that identifies what aspects of the process will be funded by the governing body.

5. The process is intended to start in September 2014 and ends in October 2015. The Devonport-Takapuna Local Board has to adopt a proposal by April 2015, hold hearings and deliberations, and make decisions on submissions by August 2015.

6. The following matters were identified through the 2012 governing body review process and can be used as a basis for establishing the scope of the review:

· a review of the time and seasons and beach and foreshore rules;

· a review of the parks adjacent to beaches;

· a review of the parks adjacent to Lake Pupuke and Kennedy Park;

· a review of 20m from beach time and season rule; and

· a review of “picnic” and “fitness apparatus” area dog access rules.

7. The final scope of the review is a matter for the Devonport-Takapuna Board to decide.

8. Depending on the scope of the review, options for pre-consultation and research may include both internal and external engagement activities.

Recommendations

That the Devonport-Takapuna Local Board:

a) resolve to review local dog access rules in the Devonport-Takapuna local board area in 2014/15 as follows:

i) a review of local beach and foreshore dog access rules with specific reference to the following matters:

· the identification of possible under control off-leash at all times beaches

· the identification of where it is appropriate to use the region wide standard summer times (10am and 5pm) and summer season (Labour Weekend to 1 March)

· the identification of marine based significant ecological areas.

ii) a review of the parks adjacent to beaches.

iii) a review of the parks adjacent to Lake Pupuke and Kennedy Park.

iv) a review of 20m from beach time and season rule.

v) a review of “picnic” and “fitness apparatus” area dog access rules.

b) resolve to fund the following additional research, engagement, or public notification initiatives as follows:

i) public meetings at the following meetings locations:

· Milford

· Sunnynook

· Takapuna

· Devonport.

ii) any other research, engagement, or public notification initiatives specified by the local board.

Comments

Background

9. In 2012, the governing body replaced seven legacy policies and seven legacy bylaws on dogs with a single Auckland Council Policy on Dogs 2012 and Auckland Council Dog Management Bylaw 2012. As part of that process it delegated responsibilities for dog access rules on local parks, local beaches and local foreshore areas (areas not of regional significance or Department of Conservation) to local boards.

10. The delegations also contained a specific requirement that local boards review their dog access rules on any beach and foreshore area.

11. The Devonport-Takapuna Local Board is scheduled to review local dog access rule in the 2014/15 round of reviews.

General considerations

12. The primary issues of dog access under the Dog Control Act 1996, council’s Policy on Dogs 2012 and the Dog Management Bylaw 2012 are balancing the protection of the safety and comfort of the general public, the protection of wildlife and providing for the recreational and exercise needs of dogs and their owners on a region wide basis. This means having regard to.

“(a) the need to minimise danger, distress, and nuisance to the community generally; and

(b) the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and

(c) the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and

(d) the exercise and recreational needs of dogs and their owners”^{^[1]}.

Safety and comfort of the general public

13. While the following information is not specific to the Devonport-Takapuna Local Board area, it provides an indicative overview of the general issues.

14. Primary research undertaken by staff for the Auckland Council Dog Management Bylaw 2012 identified that in 2010, the top three dog related complaints^{^[2]} were dogs roaming, barking and dog attacks or aggression.

15. Key points from this research of common dog related complaints received include:

· dogs that roam unaccompanied by their owners account for just over half of all dog related problems;

· dogs that persistently bark or howl account for one third of all dog related problems; and

· dogs that attack, rush or are aggressive to people or animals account for just over a tenth of all dog related problems. Dog attacks on people account for less than three per cent of complaints.

16. The research (as shown in Figure 1) identified that the most common location of reported dog attacks on people was outside the owner’s property (36 per cent). However, it should be noted that based on ACC injury statistics, the reported incidents are estimated to only account for less than a third of actual dog attacks^{^[3]}. A possible reason for lack of reporting, particularly in public places, may be an inability to identify the details of a dog or their owner in order to make a complaint.

17. Comfort of the general public is more problematic to assess and quantify. The first matter that the board is required to consider is whether the general public can utilise a public area without “fear of attack or intimidation”. While most dog owners consider that their pets are friendly and that they will not wilfully harm anyone, to other users of an area the presence of an unleashed dog may engender fear or intimidation, particularly within a confined area such as a boardwalk or narrow bush walk, where there is no area to avoid coming into contact with the dog. Secondly, there is the requirement to consider nuisance to the community, including if users of the public place want to be approached by unknown dogs. As part of a survey conducted for the dog access reviews of the review for the Kaipatiki and Orakei local boards, 60 per cent and 65 per cent respectively of non-dog owner respondents did not want unknown dogs approaching them.^{^[4]}

18. This would indicate that in order for the comfort of people to be maintained, dogs need to be effectively controlled in the proximity of non-dog owners, particularly around vulnerable people. Any interactions have to be managed so that they are positive for both owners, their dogs and non-dog owners. Dog access rules can help in managing interactions by identifying areas where dogs are allowed under control off-leash, on-leash or are prohibited.

Wildlife

19. A number of wetland and shorebirds are vulnerable to dogs as they nest, roost, breed or feed in wetland or inter-tidal areas. Feedback from Auckland Council biodiversity staff indicates that for some species, including the New Zealand dotterel, the presence of dogs can cause ground-nesting birds to leave the nest resulting in loss of clutches and broods and disrupted feeding which is particularly important for migratory birds.

20. Dog restrictions in protected wildlife areas are not only about protecting wildlife, but also reducing the risk of associated penalties on owners if such areas are disrupted by dogs.

21. Under the Dog Control Act 1996, it is an offence to allow dogs to roam or attack protected wildlife. Penalties include seizure and destruction of the dog, owner imprisonment for a term not exceeding three years, or a fine not exceeding $20,000, or both. Under section 63 of the Wildlife Act 1953 it is an offence to kill or disturb wildlife. Penalties for individuals include imprisonment for a term not exceeding two years, or a fine not exceeding $100,000, or both.

Recreational and exercise needs of owners and their dogs

22. Walking a dog is an important form of regular exercise for many dog owners, with a study in Manukau showing that for 50 per cent of owners with dogs it was their main form of exercise^{^[5]}. Supervised interaction between dogs and people is also important for the socialisation of dogs.

23. It is generally accepted that areas to walk a dog (either on-leash or off-leash) that are easily accessible, desirable, and provide diversity of experience for both the dog and the owner is important.

What local dog access rules to review

To assist the local board, staff have identified the following dog access rules for possible review.

24. Category 1 - Review

This relates to the delegated duty to review all beach and foreshore dog access rules. A proposal must be adopted for public notification^{^[6]}. This review includes the following:

· the identification of possible under control off-leash at all times beaches

· the identification of where it is appropriate to use the region wide standard summer times (10am and 5pm) and summer season (Labour Weekend to 1 March).

The identification of marine based significant ecological areas (including Shoal Bay and Ngataringa Bay) is closely linked to the above rules, and is therefore recommended by staff to be considered appropriate for inclusion in the review.

25. Category 2 –Consider

This relates to public requests for changes to dog access rules on specific parks and beaches during the 2012 process. It is at a local board’s discretion to include any such requests in a proposal for public notification. The requests for changes to existing rules in the Devonport-Takapuna Local Board area are as follows, with the number of people making the request shown in (brackets):

· The Department of Conservation (Submission number 6280) requests:

o the current under control off-leash dog access on Fort Takapuna Recreation Reserve adjacent to St Leonard’s Beach be changed to “dogs prohibited at certain times and seasons to align with the intended dog access rule for Fort Takapuna Historic Reserve.”

o for dogs under control on-leash at all times on Mount Victoria and Fort Takapuna Historic Reserve to align with North Head Historic Reserve.

The following issues are already provided for in terms of the Category 1 review, but are included here for completeness.

· Takapuna Beach - Prohibit dogs (1)

· Tornado Bay Beach, Stanley Bay Beach, foreshore between Narrow Neck and Cheltenham Beaches - Off-leash dog access (1).

26. Category 3 – Optional

This category relates to making dog access rules less complicated. During the 2012 process staff identified a number of issues which, if resolved, would clarify or revoke ambiguous legacy rules and ensure any changes are easier to understand ‘on the ground’^{^[7]}. Staff analysis identified the following issues for the Devonport-Takapuna Local Board area:

· identify or review “picnic areas” and “fitness apparatus areas” in which dogs must be under control on a leash or are prohibited

· clarify “public areas” bordering Lake Pupuke on which dogs are required to be under control on a leash

· review the 20 metre time and season rule for parks and reserves abutting the beaches and foreshore.

27. The following tables provide options on each matter outlined above to assist the board in deciding what local dog access rules to review.

Table 1: Beach and foreshore dog access rules

Option

Advantages and disadvantages

Option 1: Review dog access rules of all beaches, foreshore and adjacent parks (includes a review of the significant ecological areas).

Why?

Provides a comprehensive review of the beaches and adjacent parks, as these areas are used in a comprehensive manner.

Advantages

Provides for an integrated approach to the beaches, foreshore and adjacent parks in the way that they are actually used.

Disadvantages

Resource (time) required to investigate.

Option 2: Review dog access rules only on beaches and foreshore areas (includes a review of the significant ecological areas).

Advantages

Less resource required to investigate.

Disadvantages

The dog access rules for the parks adjacent to the beaches may be confusing or inappropriate if there are changes to the dog access rules for the beaches.

Table 2: Parks around Lake Pupuke other high use parks

Option

Advantages and disadvantages

Option 1: Review parks around Lake Pupuke, Kennedy Park and other high use areas.

Why review?

Clarifying the dog access rules in the high use areas provides more certainty for residents (including dog owners) and to reduce the potential for conflict.

Advantages

Provides greater certainty around the high use activities and reduces the potential for conflict in these areas.

Disadvantages

Resource (time) required to investigate.

Option 2: Do not review

Advantages

No resource (time) required to investigate.

Disadvantages

The mix of activities and associated dog access rules can cause uncertainty for user of the areas.

Table 3: Time and season rules applying to parts of a park within 20m of beach

Option

Advantages and Disadvantages

Option 1: Review 20m from beach rule

Why review?

Rule means time and season beach rules extend 20m into adjoining park.

This area is undefined on the ground (arbitrary), not signed, and not enforced.

Residents (including dog owners) do not know where this rule applies and are likely unaware of its existence.

Given the rule is not defined, unknown and not enforced, the question becomes is the rule necessary?

Advantages

Remove or replace confusing rule that is not enforced and difficult to communicate.

Disadvantages

Resource (time) required to investigate.

Possible outcomes of review and costs (illustration)

1. Rule revoked. Investigation finds rule unnecessary and that underlying rule for the park (typically under control off-leash) is appropriate.

No additional costs as current rule not signed.

2. Rule replaced. Investigation finds that for some adjoining parks the time and season rule should apply to the whole park (where the park is narrow) or to part of the park where this is easily identifiable on the ground, or that an under control on-leash at all times rule should apply.

Option 2: Do not review (retain current 20m rule)

Advantages

No resource (time) required to investigate, and no costs for signs (if required).

Disadvantages

Retains confusing rule (if known at all) that is not signed, not enforced, and difficult to communicate.

Table 3: Picnic areas and fitness apparatus

Option		Advantages and Disadvantages
Option 1: Review “picnic areas” and “fitness apparatus” Why review? Neither term defined but many instances of isolated tables and BBQ facilities on parks. Current rule considered unenforceable by animal management officers as terms not defined. Any actions taken are in response to an uncontrolled dog complaint. Residents (including dog owners) do not know where this rule applies as terms not defined. Given the rule is not defined and unenforceable, the question becomes is the rule necessary?		Advantages Will remove a rule that creates confusion, is not enforced, and difficult to communicate. Disadvantages Resource (time) required to investigate. Possible outcomes of review and costs (illustration) 1. Rule revoked. Investigation finds rule unnecessary and that underlying rule for the park (typically under control off-leash) is appropriate. No additional costs. 2. Rule replaced. Investigation finds a small number of particular areas easily identifiable on the ground as picnic areas or fitness apparatus areas. Note: This would not include isolated tables or BBQ facilities but particular areas.
Option 2: Do not review (retain current “picnic areas” and “fitness apparatus” rule)	Advantages No resource (time) required to investigate, and no costs for signs (if required). Disadvantages Retains a confusing rule that is not enforced, and difficult to communicate.

Process and costs

28. The governing body has established a standard process to assist local boards. The governing body will fund aspects of the standard process, including basic research and engagement and public notification. Local boards will fund any additional research and engagement, alternative forms of public notification, and signage.

29. The standard process established by the governing body supports changes to dog access rules on an annual basis being integrated with the dog registration process. This process allows for a more timely and robust discussion, as well as achieving efficiencies by aligning the review programmes across multiple local boards to allow for centralised support and activities.

30. The process timeline starts in September of one year and ends in October of the following year. The local board will need to adopt a proposal by April 2015, hold hearings and deliberations and make decisions on submissions by August 2015.

31. Attachment B provides an outline of the process together with clarification of responsibilities and funding allocations between the governing body and the local board.

Pre-consultation and research

32. For completeness, the table below summarises the proposed activities covered through the standard process to be undertaken prior to the formal consultation for a statement of proposal using the special consultative procedure of the Local Government Act 2002. The confirmation of the standard initiatives is subject to the finalisation of the scope of the review.

Pre-consultation activities: September 2014 – March 2015

Auckland Council internal stakeholders

Workshops/meetings with representatives from:

· Parks

· Animal Management

· Biodiversity

· Biosecurity

· Community Policy and Planning

External interested parties and identified stakeholders

Workshops/meetings (via direct invitation) with representatives from:

· Ecological groups

· Specific interest groups (e.g. residents and ratepayer associations)

Survey (on-line survey), invitees to include:

· General public

· Local board identified stakeholders

· People’s panel members in affected Devonport-Takapuna Local Board area

Photo library

· Static camera at Takapuna beach

Consideration

33. The views of other local boards have not been sought.

Maori Impact Statement

34. The views of 19 iwi in relation to dog access were sought as part of two hui held on 22 and 23 October 2013. The hui covered five bylaw topics - signs, trading in public places, navigation safety and lifejackets, animal management and dog access, outdoor fires.

35. Feedback related to the ability of iwi to determine dog access on marae, a focus on control, responsible dog ownership, and ensuring the protection of sensitive ecological areas.

Implementation Issues

36. Issues related to implementation relate to the local board costs for additional research, engagement, and public notification initiatives; and the cost of any signage.

37. The costs of implementation are expected to be obtained from existing budgets. The cost of signage will become clearer as the review progresses.

Attachments

No.	Title	Page
a View	Decision-making	179
b View	Standard Process	185
c View	Current dog access rules for Devonport-Takapuna Local Board area	187

Signatories

Authors

Justin Walters - Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 September 2014

Attachment A: Decision-making^{^[8]}

1. Dog Control Act 1996 (s10(1), (2))

When making changes to dog access rules, council –

· Must use the special consultative procedure in the Local Government Act 2002.

· Must under the Local Government Act 2002, give notice to dog owners.

2. Dog Control Act 1996 (s10(4))

When making changes to dog access rules, council must have regard to –

(a) “the need to minimise danger, distress, and nuisance to the community generally; and

(b) the need to avoid the inherent danger in allowing dogs to have uncontrolled access to public places that are frequented by children, whether or not the children are accompanied by adults; and

(c) the importance of enabling, to the extent that is practicable, the public (including families) to use streets and public amenities without fear of attack or intimidation by dogs; and

(d) the exercise and recreational needs of dogs and their owners.”

3. Local Government Act 2002 (Subpart 1 of Part 6)

When making decisions in general, council must –

(a) Define the problem and outcome sought.

(b) Consider options and peoples (including Maori) views having regard to the significance of the matter.

(d) Prepare and invite people to have their say on a statement of Proposal.

(e) Hear and consider submissions to the statement of Proposal before making a final decision.

(f) Receive views with open mind and give them due consideration.

4. Policy on Dogs 2012 (Policy Statement 4)

When making decisions on dog access rules, council should aim to “provide dog owners with reasonable access to public places and private ways in a way that is safe to everyone in accordance with the following principles [(s10(4) DCA1996)] –

a) Recognises dog owners as legitimate users of public places [(s10(4)(d) DCA1996)];

b) Integrates (not separates) dog owners and their dogs with other users of public places [(s10(4)(d) DCA1996)];

c) Provides opportunities for dog owners to take their dog to public places that are accessible, desirable, and provide diversity in experience (sights, sounds, smells, textures, other dogs and humans) for both the dog and owner [(s10(4)(d) DCA1996)];

d) Considers access on a comprehensive region-wide basis rather than a place-by-place basis [(s10(4)(d) DCA1996)];

e) Manages the safe interaction between dogs and people using public places and private ways, in particular with children and vulnerable adults [(s10(4)(a) to (c) DCA1996)]; and

f) Manages the conflict between dogs and protected wildlife, stock and poultry, domestic animals, and property and natural habitat. [(s10(4)(a) DCA1996)]”

5. Policy on Dogs 2012 (Policy Method 3A)

When making decisions on dog access rules, council should satisfy the relevant criteria in the Policy on Dogs under Policy Method 3A(f) (standard beach summer times and season) –

3A(f) “Use the following summer time and season wherever a time and season rule is deemed appropriate to manage the safe interaction between dogs with their owners and people without dogs.

Beaches and adjoining parks

10.00am to 5.00pm for specified beaches and specified adjoining parks between the Saturday of Labour Weekend and 1 March.

The type of dog access (i.e. prohibited, on-leash, off-leash or dog exercise area) and winter times (if any) is determined by the relevant authority in accordance with the criteria in 3B to 3E inclusive.

This criteria (3A(f)) does not apply to any island in the Hauraki Gulf, including XXX, Rakino and Great Barrier islands.

For the avoidance of doubt, the standard creates three time slots in summer. Where a time and season rule applies (location), the type of dog access within each time slot (i.e. prohibited, on-leash, off-leash or dog exercise area), and whether there are winter times, is determined by the relevant authority – local boards or the Parks, Recreation and Heritage Forum through the Regional Development and Operations Committee. The type of dog access is not required to change between each time slot.”

6. Policy on Dogs 2012 (Policy Method 3B to 3E)

When making decisions on dog access rules, council should satisfy the relevant criteria in the Policy on Dogs under Policy Method 3B to 3E as appropriate:

“3B Before making any change to a dog access rule on parks and beaches ³

(a) Identify and assess current and future uses of the place and any conflict that may exist or arise ⁴;

(b) Identify dog access rules in the vicinity.

3C Before making any change to a dog access rule on parks and beaches ³ that would provide more dog access (e.g. on-leash to off-leash), ensure the change would not result in any significant risk ⁵ –

(a) To any person (in particular children or the elderly);

(b) To any protected wildlife vulnerable to dogs (in particular ground nesting birds)

(c) To any stock, poultry, or domestic animal;

(d) To property (e.g. natural habitat and public amenities);

This may include implementing design and/or management solutions.

3D Before making any change to a dog access rule on parks and beaches ³ that would provide less dog access (e.g. off-leash to on-leash or prohibited) –

(a) Ensure that alternative design and/or management solutions are not practicable to address the conflict between uses of the place ⁶; and

(b) Ensure, to the extent that is practicable, that displaced dog owners and their dogs have access to other places or that such access is provided as part of the same decision.

3E Before making any change that identifies a park or beach ⁴as a designated dog exercise area, ensure the –

(a) Matters contained in 3C are satisfied;

(b) Area is well-located with vehicular and pedestrian access;

(c) Area has clearly visible boundaries on the ground to dog owners and people without dogs. This may be achieved through transition zones, vegetation, topography and fencing. This criterion is not intended to require fully fenced areas to contain all types of dog. Boundary treatment will vary depending on the risks identified;

(d) Area is of sufficient size to provide dog owners with a satisfactory experience. Size is relative to the type (size) of dogs. This criterion is not intended to require the area to provide for the needs of all types (sizes) of dog;

(e) Area has sufficient sight lines that enable dog owners to be aware of the presence of other dogs and their owners. This requires a balance to provide access to areas that are desirable and provide an experience;

(f) Area has adequate signage; and

(g) Provision of dog owner and dog amenities has been considered (e.g. seats, bins and bag dispensers for dog faeces, water stations).

These criteria (3E) do not apply to existing designated dog exercise areas identified before 01 July 2013.”

7. Decision-Making Considerations^{^[9]}

(a) Hearing Panels are appointed to receive, hear and deliberate on submissions and other relevant information and recommend changes to the proposed dog access rules.

(b) Hearing panel recommendations will then be considered by the local board who will decide whether or not to accept the panel recommendations. Any recommendations adopted that change a dog access rules or that request an exemption is then reported to the Governing Body. The Governing Body will update the Auckland Council Dog Management Bylaw 2012 and consider any requests for exemptions. Any changes will commence on a date recommended by the hearing panel.

(c) In conducting hearings and making decisions, the panel must comply with a range of statutory, policy and delegated authority requirements summarised in this attachment

(d) The most important statutory requirement is to ensure decisions on dog access provide for public safety and comfort and the needs of dogs and their owners. This means having regard to Section 10(4) Dog Control Act 1996 as described above.

(e) In relation to the region-wide standard summer beach time and season, it is important to note that the Governing Body desire for consistency does not override the local board responsibility to ensure public safety and comfort. Where alternative times and seasons would better achieve public safety and comfort, the local board can request an exemption from the Governing Body.

(f) The most important practical requirement is to make dog access rules easy to understand “on the ground”. Current dog access rules are a combination of general and specific dog access rules, meaning to know where you can take your dog under control off a leash, the dog owner must first find out all the places they cannot go. This approach is difficult to communicate and confusing for dog owners and general public alike.

(g) How the hearing panel decides what recommendations to make can be based on:

· The need to meet the statutory, policy and delegated authority decision-making requirements summarised in this Attachment.

· The weight the Hearing Panel puts on the matters raised by the submitters.

· Information used to develop and contained in the statement of proposal.

· Other information received by the Hearing Panel.

To assist the panel in this process, submissions are summarised into topics. Possible options in response to matters raised in submissions are provided by staff as a starting point for deliberations. The options may not reflect the views of the panel, and the panel in its deliberations may develop alternative options.

The illustration below outlines the decision-making process described:

Devonport-Takapuna Local Board

16 September 2014

Review of Alcohol Control Bylaws - Proposed bylaw for local board feedback

File No.: CP2014/19084

Purpose

1. The purpose of the report is to provide local boards with a copy of the proposed Auckland Council Alcohol Control Bylaw 2014 and to request formal feedback by resolution.

2. Local boards are also requested to appoint a review panel to make recommendations to the local board on the review of the local alcohol bans.

Executive summary

3. On 22 July 2014, the Regulatory and Bylaws Committee recommended to the governing body to adopt the Statement of Proposal for the proposed Alcohol Control Bylaw 2014 (refer Attachment A) for public consultation (resolution number RBC/2014/27). The governing body formally adopted the Statement of Proposal on 31 July 2014 (resolution number GB/2014/70). Following this discussion, council commenced public consultation using the special consultative procedure on 15 August 2014.

4. In addition to the public consultation process, staff are seeking feedback from local boards on the proposed bylaw.

5. The proposed Alcohol Control Bylaw 2014 will establish the bylaw structure and delegation that will be used to make, review, amend or revoke alcohol bans. Decisions on existing and new alcohol bans will be made by local boards after a new bylaw is adopted. This ensures decisions meet the proposed new requirements in the bylaw.

6. Regardless of the final form of the bylaw and delegations, local boards have an important role in the review of alcohol bans and the appointment of an alcohol ban review panel is sought.

7. Details of the proposed bylaw are outlined in the report.

Recommendations

That the Devonport-Takapuna Local Board:

a) provide formal feedback by way of resolution on the proposed Auckland Council Alcohol Control Bylaw to the hearing panel, including whether the local board wish to meet with the hearing panel.

b) appoint a local alcohol ban review panel comprised of up to three local board members to make recommendations on the review of the alcohol bans in the local board area.

c) appoint one member as a chairperson of the local alcohol ban review panel.

d) delegate to the Chairperson the power to make a replacement appointment to the review panel in the event that any member appointed by the local board under resolution (b) is unavailable.

Comments

Legislative Framework

8. The Local Government (Auckland Transitional Provisions) Act 2010 requires the review of all seven legacy alcohol control bylaws (previously called liquor control bylaws) and associated alcohol bans (previously called liquor bans) by 31 October 2015.

9. In December 2012, central government enacted the Sale and Supply of Alcohol Act 2012, which in turn amended the Local Government Act 2002. The requirements for making or continuing individual alcohol bans has changed significantly with the passing of the Local Government (Alcohol Reform) Amendment Act 2012 (the Act).

10. The Act introduced a higher threshold to be met for alcohol bans to be made or continued. The higher threshold requires that council is satisfied that there is evidence to show a high level of crime or disorder is caused or made worse by the consumption of alcohol in that public place, and that the alcohol ban is a reasonable restriction on people’s rights in light of that evidence.

11. The process for making a bylaw under the Local Government Act 2002 requires that council determine if a bylaw is the most appropriate response to a problem. A bylaw must also be in the most appropriate form and must be consistent with the New Zealand Bill of Rights Act 1990. All bylaws must meet the legal requirements as set out in the Bylaws Act 1910, including not being unreasonable, providing rules that are proportionate to the issues being addressed and not being beyond the powers of the enabling legislation.

Current Auckland regulation

12. There are currently seven legacy alcohol control bylaws and more than 1600 individual alcohol ban areas across Auckland. The legacy bylaws significantly differ in their drafting style and presentation.

13. In general, all legacy bylaws provide the structure used to make alcohol bans. Some legacy bylaws enable the making of alcohol bans by resolution, while others require a change to the bylaw itself. Making alcohol bans by resolution means the level of consultation is determined on a case by case basis, and can result in more effective and efficient decisions compared to amending the bylaw.

14. An assessment of the appropriateness of the legacy bylaws indicate that:

· A single bylaw is necessary to enable the adoption of alcohol bans that prohibit or regulate or control the consumption or bringing into or possession of alcohol in public places. The New Zealand Police consider that limiting the consumption of alcohol in public places may reduce alcohol related harm.

· It is appropriate to delegate decisions on alcohol bans in local public places to local boards.

15. Within an alcohol ban area, the possession and consumption of alcohol is prohibited during the time the ban is operational. Exceptions enable alcohol to be transported in an unopened container to and from licenced and private premises.

16. Enforcement of the bylaw is the responsibility of the New Zealand Police. The police have powers of search, seizure and arrest, and may issue a $250 infringement notice for breach of an alcohol ban.

Auckland Council’s proposed Alcohol Control Bylaw

17. On 22 July 2014, the Regulatory and Bylaws Committee recommended to the governing body the Statement of Proposal for the proposed Alcohol Control Bylaw.

18. On 31 July 2014, the governing body adopted the proposed Alcohol Control Bylaw Statement of Proposal (refer Attachment A), which includes the proposed bylaw for public consultation (resolution number GB/2014/70).

19. Following the decision, council commenced the public consultation process (using the special consultative procedure), on 15 August 2014. The key consultation dates are summarised in the table below:

Table 1. Key consultation dates

Date	Milestone
15 August 2014	Written submission period opens
15 September 2014	Written submission period closes
September/October 2014	Staff will review and analyse all submissions in a report to the hearings panel Report will include all formal feedback received from local boards
Early/Mid October 2014	Public hearings will be held by hearing panel This will include an opportunity for local boards to meet with the hearings panel
End October 2014	Hearings panel will report back to governing body (final bylaw adopted)
18 December 2014	Bylaw commences

Summary of proposed alcohol control bylaw content

20. The purpose of the bylaw is to control the consumption or possession of alcohol in public places to reduce alcohol related harm. This aligns to section 147 (Power to make bylaws for alcohol control purposes) of the Local Government Act 2002.

21. The bylaw proposes that local boards be delegated decisions on making, reviewing amending or revoking alcohol bans in local areas. This supports previous feedback obtained by local boards requesting this delegation from the governing body.

22. Alcohol bans of regional significance will remain the responsibility of the Regulatory and Bylaws Committee. This is consistent with the Auckland Council Long Term Plan, where issues of a regional significance are the responsibility of a council committee.

23. It is proposed within the bylaw that prior to making a new alcohol ban, council be satisfied that the alcohol ban gives effect to the purpose of the bylaw and comply with criteria and decision making requirements Subpart 1 of Part 6 of the Local Government Act 2002; and section 147B of Local Government Act 2002. This includes that:

· There is evidence that the area to which the bylaw applies (or will apply by virtue of the resolution) has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption.

· The alcohol ban is appropriate and proportionate in light of the evidence and can be justified as a reasonable limitation on people’s rights and freedoms.

24. Four different times are proposed in the bylaw for consideration of new alcohol ban areas:

· 24 hours, 7 days a week (at all times ban)

· 7pm – 7am daily (evening ban)

· 10pm – 7am daylight saving and 7pm – 7am outside daylight saving (night time ban)

· 7pm on the day before to 7am on the day after any weekend, public holiday or Christmas/New Year holiday period (weekend or holiday alcohol ban).

These times are a guide to improve consistency across Auckland. This recognises that, in some instances, the use of the times specified may be disproportionate to the evidence of the problem and therefore contrary to the statutory requirement that requires alcohol bans to be proportionate in light of the evidence. of legacy council bylaws.

25. Enforcement of alcohol bans is the responsibility of the New Zealand Police. The penalty for breaching an alcohol ban is a $250 infringement under the Local Government (Alcohol Ban Breaches) Regulations 2013.

Review of local alcohol bans

26. To ensure local board decision making on the existing alcohol bans is consistent with the new bylaw, local boards will be required to review all bans once the bylaw is adopted. It is a statutory requirement these all be reviewed by 31 October 2015, otherwise the bans will lapse.

27. Staff will support the local board review. The proposed alcohol ban review process is outlined in the table below:

Table 2. Proposed local board review process

Date	Milestone
September 2014	Local boards establish local alcohol ban review panels to review existing local alcohol bans
End October 2014	Final Alcohol Control Bylaw adopted by governing body
November 2014 – end February 2015	Staff to present information on local alcohol bans to each local alcohol ban review panel and assist the panels in making recommendations on existing local alcohol bans
March 2015	Recommendations of the local alcohol review panels presented to local boards
April/May 2015	Public consultation on alcohol controls (if required by local boards)
June 2015	Alcohol bans adopted by local boards
October 2015	Legacy alcohol bans lapse.

Consideration

Local board views and implications

28. The review of the legacy bylaws was discussed with local boards in the context of the significant other changes arising from new alcohol-related legislation. In relation to alcohol bans, local boards sought clear decision-making criteria, some form of regional consistency in times while providing for local variation where necessary, provision for temporary changes, and local board delegations.

Māori impact statement

29. Throughout the initial engagement phases of the review project, staff worked with the Community Policy and Planning team, Te Waka Angamua, policy advisors at the Independent Maori Statutory Board (IMSB) and Hapai Te Hauora Tapui to deliver a program for engaging with Māori on alcohol issues.

30. As part of this, staff ran a workshop with rangatahi (youth), organised a rangatahi engagement session as part of the Atamira event and held a hui with mana whenua and mataawaka to discuss both the Local Alcohol Policy Project and the Alcohol Control Bylaw Project.

31. There is broad support from police iwi liaison officers, mana whenua and mataawaka in relation to protecting children and young people from the harms associated with alcohol consumption in public places.

Implementation

32. If adopted as proposed, local boards will be required to review all current alcohol bans after the bylaw is adopted by 31 October 2015. This ensures that decisions on alcohol bans meet the proposed new requirement in the bylaw and the enabling legislation.

33. The Policies and Bylaws Unit will assist local boards with this process. Polices and Bylaws staff have been collating evidence from legacy council files, the Police and community safety audits and are working closing with Integrated Bylaw Review Implementation team to ensure practicality and ease in the implementation of the Auckland-wide bylaw. As part of this process, the appointment of local board alcohol ban review panels is sought.

Attachments

No.	Title	Page
a View	Statement of Proposal - Review of Alcohol Control Bylaws	197
b View	Proposed Alcohol Control Bylaw	213

Signatories

Authors

Kylie Hill - Policy Analyst

Authorisers

Helgard Wagener - Team leader, Policies and Bylaws

Eric Perry - Relationship Manager

[2] A ‘dog related complaint’ is a dog related service request that relates to a dog incident (e.g. dog attack). In addition to dog related complaints, dog related service requests include such things as requests for property inspections and lost dog notifications.

[3] Auckland Council (2011)– Dog Control - Issues and options discussion paper.gust 2011

[4] While, some caution needs to be taken when interoperating the results of these surveys as they were self-selecting, the results were mirrored in a statistical study in Adelaide in 2004 which found 43 per cent of respondents were afraid of dogs. In addition the study found that being frightened by a dog was not related to having been attacked, however being threatened by a dog was a significant indicator of whether a person was likely to be frightened by dogs.

Boyd, C., Fotheringham, B., Litchfield, C., McBryde, I., Metzer, J., Scanlon, P., . . . Winefield, A. (2004). Fear of dogs in a community sample: Effects of age, gender and prior experience of canine aggression. Anthrozoos, 17 (2).

[5] Manukau City Council ( 2007) Understanding Dog and Dog Owner Physical Exercise Habits

[6] Refer to Governing Body Agenda Item12, 22 November 2012 (GB/2012/157)

[7] See Auckland Council Dog Access Rule Change Procedure in referenced documents for complete schedule.

[8] Attachment B from \\aklc.govt.nz\Shared\CPO\RLP\FC\LAWS AND ENFORCEMENT LAW\BYLAW - Dog Management B010\AMENDMENT 2013 0195\Template 1 Hearings Report v4.doc

[9] Adapted from \\aklc.govt.nz\Shared\CPO\RLP\FC\LAWS AND ENFORCEMENT LAW\BYLAW - Dog Management B010\AMENDMENT 2013 0195\Template 1 Hearings Report v4.doc

Chairperson	Mike Cohen, QSM, JP
Deputy Chairperson	Joseph Bergin
Members	Dr Grant Gillon
	Dianne Hale, QSO, JP
	Jan O'Connor
	Allison Roe, MBE

Process Step	Responsibility/Funding
Local board decision made – August/ September 2015	PB provide reports and advisors. Local board services will co-ordinate and fund hearings, deliberations and decision.
Governing Body update bylaw – September 2015	PB provide report and advisors. Local board representative and relevant local board services manager to present board decision.
Changes commence – October 2015	IBRI facilitate and fund : · Public notice in NZ Herald · Update to the council’s website and Iknow. · Inform animal management and parks officers. · IBRI to facilitate, local board to fund any other initiatives and signage. · Media release (with local board representative) in suburban newspapers in affected local board areas. · Signage: Approx. $2,000 to supply and install 100 stickers Approx. $20,000 to replace 100 existing signs using existing fixtures (Hibiscus and Bays local board recently used 200 stickers to update dog signs on around 23 beaches using stickers for about $4,000)

Authors	Bianca Wildish - Democracy Advisor
Authorisers	Eric Perry - Relationship Manager

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