Agenda of Devonport-Takapuna Local Board

Devonport-Takapuna Local Board

14 October 2014

Draft Community Grants Policy

File No.: CP2014/21689

Purpose

1. To seek local board feedback on the draft Community Grants Policy (Attachment A), and provide an overview of public feedback on the policy for members’ consideration. The report briefly outlines the key components of the draft policy, proposes a transitional approach to establishing a multi-board grants programme, and discusses the budgetary implications of the policy.

Executive summary

2. On 3 July 2014 the Regional Strategy and Policy Committee (the Committee) endorsed a new draft Community Grants Policy (CGP) for local board engagement and public consultation.

3. The draft CGP has been developed to guide the allocation of local, multi-board and regional grants to groups and organisations delivering projects, activities and services that benefit Aucklanders. It covers grants for community development, arts and culture, events, sport and recreation, environment and heritage.

4. The draft CGP proposes a new community grants programme aligned to Auckland Council’s governance structure, with:

a) a local component (21 local grants programmes and a ‘multi-board’ grants programme, governed by local boards and aligned with local board plans), and

b) a regional component (six regional grants programmes aligned to strategic directions in the Auckland Plan, with governing body decision-making).

5. Community grants are a critical tool to implement Auckland’s vision as set out in the Auckland Plan, local board plans and the council’s core regional strategies, policies and plans. The draft CGP provides a regional framework for grant-making by Auckland Council, while ensuring flexibility for local boards to shape their own grants programme to respond to the specific needs and priorities of their communities. To reflect this, and give effect to local boards’ decision-making role in relation to local grants, staff propose that each local board be supported to develop an individual schedule to the CGP that sets out the specific outcomes, priorities and structure of their local grants programme.

6. The draft CGP proposes that local boards be supported to form a range of new, outcome-driven multi-board clusters. However to achieve a smooth transition from the interim funding arrangements to the new grants programme, staff propose that the existing joint funding committees and subcommittees form the basis of four multi-board clusters for the 2015-2016 financial year. Although this would mean that the current ‘membership’ of these clusters would continue for the first year, this is the only aspect that would remain the same.

7. Once adopted, the CGP will replace an interim community funding programme that has operated since amalgamation, consisting of more than 50 local and legacy ‘city-wide’ grants schemes and a small number of regional grants schemes. The community grants budgets inherited from the legacy councils are currently over-subscribed, especially at the regional level. To fully implement the CGP and deliver on the transformational shifts outlined in the Auckland Plan, staff propose additional investment of $2 million per annum be considered through the Long-term Plan (LTP) process 2015-2025. This will increase the amount of funding for regional grants to a more viable level, without reducing the existing funding envelope for local and multi-board grants.

8. Staff attended local board workshops to discuss the draft policy during July and August 2014, to support the provision of formal local board feedback on the CGP during September and October. Public feedback on the CGP was invited between 14 July and 11 August, and a summary of this input is provided as Attachments B and C.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) endorse the Community Grants Policy as a regional framework for the Auckland Council community grants programme, noting that the local board will be supported to develop an individual schedule to the policy that sets out the specific outcomes, priorities and structure of their local grants programme.

b) provide feedback on any policy provisions of specific interest or concern to the local board, for consideration during the review and finalisation of the Community Grants Policy.

c) indicate whether they support the proposal to participate in an interim ‘multi-board cluster’ with Devonport-Takapuna Local Board, Upper Harbour Local Board and the Hibiscus and Bays Local Board (covering the East Coast Bays subdivision) to consider jointly supporting projects and activities of mutual benefit, noting that if this is agreed:

i) staff will work with participating local boards to agree funding priorities and terms of reference for the cluster;

ii) participating local boards will continue to hold their funds separately within the cluster, and can choose whether or not to allocate funds towards individual grant applications on a case-by-case basis;

iii) additional multi-board clusters can still be explored, and will be supported wherever feasible;

iv) the cluster is a transitional arrangement and would exist for the duration of the 2015-2016 financial year only, unless otherwise agreed by the participating local boards.

Comments

Background

9. A discussion paper outlining the key elements, issues and options for a new Community Grants Policy (CGP) was work-shopped with local boards during March and April 2014. Workshops were also held to test draft approaches with the governing body and key stakeholders in May. A summary of the feedback received is provided as Attachment D.

10. Feedback on the discussion paper informed the preparation of a draft CGP, which was reported to the Regional Strategy and Policy Committee (the Committee) on 3 July 2014. The Committee endorsed the draft CGP for local board engagement and public consultation.

11. Staff attended local board workshops to discuss the draft policy during July and August 2014, to support the provision of formal local board feedback on the CGP during September and October.

Summary of draft Community Grants Policy approach

12. The draft Community Grants Policy proposes a framework for a new Auckland Council community grants programme with two main components: a local grants programme (incorporating multi-board grants) and a regional grants programme.

Local grants programme

13. Local grants are a key tool local boards can use to implement the vision set out in their local board plans, and provide a direct, tangible way of supporting local community aspirations and responding to local needs and opportunities.

14. At the local level the CGP is not intended to be prescriptive, but rather to provide a framework and guidelines that will assist local boards to deliver best practice in grant-making. This approach responds directly to feedback received from local boards during consultation on the draft Community Funding Policy in May 2012.

15. The draft CGP proposes that each local board is supported to operate their own local grants programme under the broader umbrella of the CGP, and can award grants to groups and organisations, projects, services, events and activities that benefit residents in their local board area. Boards will be supported to develop specific funding priorities for their grants programme, drawing on the priorities set out in their local board plans.

16. Two grant schemes are proposed to operate through the local grants programme:

a) Fast Response Local Grants (up to $1,000)

Applicants for Fast Response Local Grants will complete simplified application and accountability processes. Funding rounds are proposed to be held more regularly, and timeframes for decision-making and payment will be kept as short as possible to ensure responsiveness to the community.

b) Local Grants (over $1,000)

Local Grants are for larger amounts and are proposed to be distributed only once or twice per year, to enable the local board to consider how best to allocate their limited grants budget to deliver the local outcomes they are seeking. Applicants for Local Grants will complete application and accountability processes proportionate to the size of the grant they are seeking. Grants can be ‘one-off’ awards, or a commitment to fund over multiple years (up to a full political term).

Local board grants programme schedule

17. A regional briefing for local board chairs and portfolio holders was held on 30 June 2014 to provide an overview of the proposed policy and discuss next steps ahead of reporting to the Committee.

18. At the briefing, questions were raised about the policy’s recognition of local boards’ decision-making allocation in this area. Although the policy does provide sufficient flexibility for local boards to exercise this decision-making, it was felt this authority needed to be made more explicit. Following further discussion, it was agreed that this could be achieved by working with local boards to shape the structure and intent of their individual local grants programmes. Once each local board has agreed and adopted their programme, this can become a schedule to the policy. This approach was endorsed by local board chairs at the Chairs Forum on 28 July.

19. Each individual local board grants programme schedule could include:

a) Outcomes sought through the local grants programme (driven by local board plans);

b) Any specific local funding priorities;

c) The types of funding opportunities available through the local grants programme;

d) Any specific eligibility criteria or exclusions that are additional to the baseline provisions of the CGP;and

e) Any other factors the local board considers to be significant to their decision-making.

20. Staff will work with local boards between February and April 2015 to develop and adopt their local grants programme schedules, and an implementation plan will be prepared for each local board to sit alongside the schedule (outlining key operational aspects, such as the number and timing of funding rounds).

21. Local boards will be able to review and update their schedules over time as strategic priorities and budgets change.

Proposed multi-board grants programme

22. The draft CGP proposes that local boards be supported to form a range of new, outcome-driven multi-board clusters. These clusters will invite applications from, and award grants to organisations, services, projects, events and activities that benefit residents across their combined areas. Local boards could participate in more than one cluster.

23. Multi-board clusters may be:

a) Groups of local boards with contiguous boundaries, for example southern local boards wanting to support events in the Southern Initiative area;

b) Local boards that share a common characteristic or interest, for example high populations of older people, or bordering the Hauraki Gulf; and

c) Local boards that want to address a common issue, for example by supporting employment programmes targeting marginalised young people.

24. Staff will engage with local boards to scope and establish appropriate clusters, which may be in response to a need or opportunity identified by their communities, or to deliver strategic outcomes they have mutually identified in their local board plans. Once local boards have instigated (or agreed to participate in) a multi-board cluster, council staff will work with the participating boards to understand the outcomes sought, and design a grants programme to deliver these.

25. Applicants seeking support from a multi-board cluster will make one combined application to all participating local boards in the cluster, will receive a single decision notification and grant award, and will submit one accountability report when their funded activities have been completed.

Implementation of the multi-board grants programme

26. To achieve a smooth transition from the interim funding arrangements to the new grants programme, staff propose that the existing joint funding committees and subcommittees form the basis of four multi-board clusters for the 2015-2016 financial year.

27. Although this would mean that the current ‘membership’ of these clusters would continue for the first year, this is the only aspect that would remain the same. Participating local boards would agree new funding priorities and terms of reference with the other local boards in that cluster, have discretion over the amount of their local funding to set aside for considering multi-board applications, and support applications on a case-by-case basis.

28. This phased approach would enable a multi-board grants programme to launch in 2015 alongside the new local grants programmes with minimum additional preparation, given that the joint funding committees and subcommittees have some existing structure in place that could be used as a guide (e.g. delegated local board representatives, approximate schedule of funding rounds, and an existing pool of applicants). Staff could work with these existing multi-board clusters to develop appropriate funding priorities for the transitional year. This approach would be a good test for the model and enable refinements to the process to be agreed with local boards, while minimising any initial impact on community organisations.

29. The current geographical clusters of local boards (i.e. the joint funding committees aligned to the former city and district council areas in the Auckland region) are:

a) Northern cluster: Devonport-Takapuna, Kaipātiki, Upper Harbour (Northern Metro Subcommittee); Hibiscus and Bays, Rodney (Former RDC Subcommittee)

b) Southern cluster: Franklin, Howick, Mangere-Otahuhu, Manurewa, Otara-Papatoetoe, Papakura (note that suitable arrangements would need to be developed with the southern local boards, as they have not been operating as a cluster)

c) Western cluster: Henderson-Massey, Waitakere Ranges, Whau

d) Central cluster: Albert-Eden, Great Barrier (optional), Maungakiekie-Tāmaki, Orakei, Puketapapa, Waiheke, Waitemata

30. In addition, if boards wish to establish and resource other clusters, this could also be supported where feasible.

31. If this approach is agreed, the transitional arrangements would be reviewed prior to the financial year commencing 1 July 2016. At this time, the clusters could either continue, or additional and/or alternative clusters could be established.

Regional grants programme

32. It is proposed that the governing body of Auckland Council, through its various committees, will award grants to regionally significant organisations, services, events and activities that benefit residents across Auckland. At the regional level the CGP proposes six activity-focused grants programmes aligned to strategic directions outlined in the Auckland Plan.

33. The proposed regional grants programmes are:

a) Regional Arts and Culture Grants Programme

b) Regional Community Development Grants Programme

c) Regional Environment and Natural Heritage Grants Programme

d) Regional Events Grants Programme

e) Regional Historic Heritage Grants Programme

f) Regional Sport and Recreation Grants Programme.

34. Each of the proposed regional grants programmes is conceived and will be promoted as a key mechanism to implement the relevant regional strategy, policy or plan (e.g. the Regional Arts and Culture grants programme will support the Arts and Culture Strategic Action Plan). These regional strategies enable – or will enable – the council to determine where it will target its resources in the medium to long term.

35. The draft CGP proposes that most of the regional grants programmes provide for two distinct grant types: single-year project grants, for standalone initiatives, and multi-year strategic relationship grants. Project grants of varying size will be awarded through a contestable process at least once per year, while the strategic relationship grants will enable the council to enter multi-year funding relationships with a small number of organisations operating at the regional level. The majority of organisations receiving strategic relationship grants will have an existing relationship with Auckland Council and be able to demonstrate a clear track record of achievement at this level.

36. To be considered eligible for regional grants, applicants must be able to show that their service, project or activity:

a) Primarily addresses regionally determined priorities, and it would therefore be unreasonable to expect local boards to meet the cost, and is:

b) Regional in terms of scale and/or significance, and/or is

c) Regional in terms of impact and/or reach.

37. The regional grants programmes are described in schedules to the draft Community Grants Policy, as it is anticipated these schedules may be reviewed and updated over time as strategic priorities change.

Feedback from public consultation

38. Public consultation on the CGP was undertaken from 14 July – 17 August 2014 and included:

a) provision of accessible and easy-read versions of the policy summary document

b) distribution of information packs and fliers at all Auckland Council service centres, community centres, local board offices and libraries

c) provision of information via ‘Shape Auckland’ and a dedicated webpage on the Auckland Council website

d) advertisement in ‘Our Auckland’

e) advertisement through community and ethnic newspapers

f) promotion via Council’s social media channels (e.g. Facebook)

g) provision of a dedicated community assistance email account to allow people to make enquiries and submit feedback

h) distribution of online survey to the following audiences:

· those who provided feedback during previous consultations

· all community grant applicants since amalgamation

· community networks via Council’s advisory teams (CDAC, PSR, IE)

· other stakeholder networks as appropriate

i) provision of hard copy consultation material and submission forms by request

j) five public workshops (Rodney, north, central, west and south)

k) local board public workshops as requested (Orakei and Maungakiekie-Tamaki)

l) two Mataawaka hui (west and south)

m) presentations at southern and northern mana whenua hui and a regional environmental sector hui.

39. At the regional local board briefing on 30 June, some members expressed interest in seeing feedback from their communities prior to providing their own feedback on the policy. To enable this staff agreed to extend formal reporting to local boards so that a summary of public input could be provided. This is now attached for the local board’s consideration (Attachments B and C).

Financial implications of the CGP

40. The CGP will be a critical tool to implement Auckland’s vision as set out in the Auckland Plan, local board plans and core regional strategies, policies and plans. It is important that there is sufficient funding to effectively resource the new programme for this purpose.

41. The legacy grants budgets inherited at amalgamation (or created subsequently) total c. $8.3 million p.a., or around $6 per head of population, with the majority supporting groups and activities that are either local or multi-board (via the legacy ‘city-wide’ funds). These funds are already oversubscribed – on average the value of requests is three times the available budget, and in some cases considerably more.

42. Of the total community grants budget, c. $2.4 million is currently targeting regional groups and activities. Current baseline funding for each of the regional grants programmes is as follows:

a) Regional Arts and Culture grants programme (c. $650,000)

b) Regional Community Development grants programme (No regional budget: all current grant schemes for this activity are administered by local boards, with some regional groups receiving interim allocations via the Annual Plan)

c) Regional Environment and Natural Heritage grants programme (up to $545,000)

d) Regional Events grants programme ($400,000)

e) Regional Historic Heritage grants programme (up to $345,000)

f) Regional Sport and Recreation grants programme (c. $500,000).

43. The existing grants programmes at this level are not able to meet current demand, and in some cases include funding tagged to specific recipients, or funding for regional outcomes that is being provided through local grants schemes. While contestability will be introduced for all funding schemes, there is little ‘headroom’ to support new applicants or address emerging priorities. For example, there is an expectation that a number of major events dropped from ATEED’s portfolio will now need to be funded through the Regional Events Fund from 2015/16, at an additional cost of $170,000 against the existing budget of $400,000.

44. Many regional organisations have been waiting for implementation of the new CGP to access regional funding, and in some cases their need has become so urgent that the governing body has allocated emergency funding through the Annual Plan as an interim measure.

45. Additional investment in the regional grants programme of $2 million p.a. is proposed as an option for governing body consideration through the LTP process 2015-2025. Staff consider a minimum of between $600,000 and $800,000 is required for each regional grants programme if the CGP is to support meaningful progress against the council’s stated priorities in these activity areas and deliver on the transformational shifts as outlined in the Auckland Plan. The level of investment requested will support an average fund size of $750,000 (the exact distribution of budget between the six programmes would be proposed alongside the final policy).

Consideration

Local board views and implications

46. The design of the new grants programme proposed in the CGP has been strongly influenced by local board feedback received during consultation on the first draft Community Funding Policy in May 2012, and during more recent engagement.

47. A discussion paper on the new CGP was prepared in February 2014 and discussed in specially convened local board cluster workshops in March 2014, which were attended by representatives of all local boards. The paper outlined the basic elements of the proposed grants programme and sought feedback on specific policy issues. A summary of the feedback received during the cluster workshops and how this has been reflected in the draft CGP is provided as Attachment D.

48. A regional briefing for local board chairs and portfolio holders was held on 30 June to provide a further overview of the proposed policy and to discuss next steps. At the briefing, questions were raised about the policy’s recognition of local boards’ decision-making allocation in this area. Staff met with local board chairs on 28 July and agreed a process to address this concern (see ‘Local board grants programme schedule’ paras 16-20).

49. Staff attended workshops with local boards during July and August 2014 to discuss the draft policy and support the provision of formal local board feedback requested via this report.

Māori impact statement

50. Community grants have the potential to make a significant impact on Māori through supporting the outcomes in the Māori Plan. Under the proposed principles for the CGP, all grants programmes should respond to Auckland Council’s commitment to improving Māori wellbeing, as outlined in the Auckland Plan, local board plans and regional strategies, policies and plans, by providing grants to organisations delivering Māori outcomes locally and regionally.

51. There is already some dedicated funding for Māori outcomes at the regional level, currently focused on papakainga and marae development across Auckland. Te Waka Angamua will be working with mana whenua and mataawaka to explore how best to target this and/or other funding allocated for Māori outcomes in future, e.g. determining eligibility criteria and the most appropriate forums for priority-setting and decision-making.

52. During workshops in March/April 2014, staff discussed options with local boards for creating dedicated Māori funding schemes at the local level, or embedding Māori outcomes as a ‘standing priority’ across all proposed grants programmes at the local and regional level. Local boards expressed interest in dedicated Māori funding schemes at the local level if regional funding was made available to them for this purpose, but otherwise felt it was more appropriate for any targeted spending to be at each local board’s discretion, driven by local board plan priorities. The CGP’s intent to align grant-making to strategic priorities should ensure funding is allocated to groups and projects delivering Māori outcomes.

53. The current interim funding programme includes one grants scheme dedicated to Māori outcomes (the Marae Development Fund in the former Manukau City area), and this particular scheme, along with all others operating through the interim programme, will cease to operate once a new CGP is adopted. Regional marae development funding may provide some capacity to meet this need going forward, and Te Waka Angamua will release details of the application and decision-making process for that funding for the next financial year.

54. However local boards also have full discretion to provide grants for any purpose that benefits their local communities, and this is likely to include supporting marae especially where grants have been provided for this purpose in the past. The draft CGP provides flexibility for decision-makers to award grants to community groups that are not formally constituted charitable organisations, where appropriate, and staff understand this should increase access to funding for some Māori organisations, such as marae, who may not previously have been eligible.

Implementation

Budget alignment

55. Existing funding arrangements and grants schemes were rolled over for the 2014/2015 financial year. If adopted, implementation of the CGP will begin from 1 July 2015 to align with the new LTP 2015-2025 and implementation of the Local Board Funding Policy (LBFP). This will enable the finalised budget structures to be implemented alongside the policy.

56. Existing grants budgets categorised as ‘local’ will form part of the overall locally driven initiatives (LDI) budget allocated to local boards through the LBFP formula. Local boards will then set aside a budget to support their local grants programme from their LDI funding envelope through the Local Board Agreement process.

57. Staff will propose an overall budget structure for the new grants programme when the final policy is tabled with the committee in November 2014, outlining the treatment of any inherited (and new) community grants budgets and funding arrangements that will support the CGP going forward. This should enable staff to take into account the outcome of LTP deliberations in the second half of 2014 and present budget structure options accordingly.

Operationalisation of the CGP

58. The draft CGP has been developed with substantial input from the relevant operational departments to ensure that it is able to be delivered.

59. The proposed implementation timeframe should provide operational teams with adequate time to design supporting systems and business processes, and to produce public-facing collateral that outlines the structure and requirements of the new grants programmes in detail. This will include:

a) Working with all decision-makers to schedule an annual calendar of funding rounds for each level of the programme

b) Working with local boards to assist them in developing their local board grants programme schedules

c) Producing new promotional materials for the council website, marketing and promotion through media channels and to support public information sessions

d) Designing new online application forms and guidelines for prospective applicants

e) Ensuring support will be available for prospective applicants requiring assistance or capacity building to access the grants programmes, working with specialist colleagues where appropriate

f) Developing business processes and templates to enable consistent assessment and reporting to elected members, and to support their decision-making

g) Updating funding agreements, accountability forms and other legal documentation to ensure they are fit-for-purpose, and developing processes to deal with any grant recipients in breach of their agreements

h) Ensuring payments processes and associated financial controls are robust, efficient and fit-for-purpose.

60. If the CGP is adopted on schedule towards the end of 2014, grant applicants / recipients will also have more than six months to prepare for the changeover to the new policy and manage any implications. Staff will work with previously funded organisations to support them to access the new grants programmes during subsequent years, and provide advice to elected members if there is a need to consider transitional arrangements in individual cases.

Attachments

No.	Title	Page
a View	Draft Community Grants Policy	131
b View	Summary of feedback from public consultation	179
c View	Summary of public feedback from the Devonport-Takapuna Local Board area	185
d View	Key feedback provided during political engagement	191

Signatories

Authors

Rebekah Lauren - Principal Policy Analyst

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

14 October 2014

Significance and Engagement Policy

File No.: CP2014/22506

Purpose

1. The purpose of this report is to provide background information on the draft Significance and Engagement Policy to support local boards in providing formal feedback.

Executive summary

2. There have been changes to the Local Government Act 2002 (LGA2002). Council is now required to adopt a Significance and Engagement policy by 1 December 2014. Council already has a Significance Policy, but it must be expanded to include engagement.

3. A draft Significance and Engagement Policy was adopted by the Regional Strategy and Policy Committee on 4 September for public consultation from 22 September to 19 October 2014.

4. The legislation requires the policy to consider community preferences about engagement on decisions relating to specific issues. Auckland Council carries out hundreds of consultation exercises each year, covering small neighbourhood issues up to large regional issues. A core function of local boards is to understand, engage with and represent their local communities. The development of the Significance and Engagement Policy is not intended to constrain or restrict the role of local boards in this regard.

5. An overview of the methods that could be used depending on the significance of the issue has been compiled to provide guidance.

6. The policy will be supported by updated guidelines, case studies and templates providing more detail on engagement principles and good practice.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) provide feedback on the draft Auckland Council Significance and Engagement Policy.

Background

7. As part of the Long-term Plan (LTP) 2012-2022 process, Auckland Council adopted a Significance Policy to provide a mechanism for establishing which decisions are significant with reference to thresholds and general criteria. This was a requirement under the LGA2002 and the policy requires all council reports to state the degree of significance. A significant decision triggers an automatic requirement to consult.

8. The Local Government Act 2002 Amendment Act 2014 amended the LGA 2002, so that all councils are now required to adopt a Significance and Engagement Policy by 1 December 2014.

9. This legislative change requires the council to expand its current Significance Policy to include engagement. The current Significance Policy has been used to provide the basis of the new Significance and Engagement Policy.

10. The draft Significance and Engagement Policy was adopted by the Regional Strategy and Policy Committee on 4 September for public consultation from 22 September to 19 October.

11. Since the committee meeting, there have been some minor changes to clarify what constitutes a ‘significant’ decision. The order of the significance section has changed as a result of this, while the criteria that related to engagement are now in section 6.1 under engagement methods.

Consultation on the draft policy

12. Consultation on the draft policy will not follow a special consultative procedure (SCP). Consultation will be targeted at interest groups and will seek out feedback from communities who are often not involved in council’s consultation processes.

13. Consultation will largely be focused online through ShapeAuckland. A sign language submissions service has also been set up through Deaf Radio.

14. A variety of stakeholder organisations have been contacted to help organise community workshops on the draft policy. This includes youth groups, ethnic groups, Grey Power, Age Concern, community organisations and networks.

15. In addition, the council will use Our Auckland, the People’s Panel and social media as a way of further encouraging feedback on the draft policy. Local boards are encouraged to help encourage participation through their stakeholder newsletters and social media.

Role of local boards

16. A core function of local boards is to understand, engage with and represent their local communities. They do this through a number of formal and informal mechanisms in relation to their local board plans and local board agreements, and also to inform local board input into regional plans and policies. The development of the Significance and Engagement Policy is not intended to constrain or restrict this role.

17. While adoption of the Significance and Engagement Policy is a Governing Body decision, local boards have a role in providing input to its development. The purpose of this report is to seek local board input on the attached draft policy.

Policy approach to engagement

18. The LGA2002 sets out principles for consultation that all councils must follow.

19. Feedback received from the community and stakeholders on Auckland Council consultation and engagement processes has highlighted a number of other important principles to consider when engaging with the community. These have been incorporated into the policy as a way of recognising the needs of Auckland’s diverse communities, and the value that is placed on their involvement in decision-making processes.

20. The legislation requires the policy to set out how the council will respond to community preferences about engagement on decisions relating to specific issues, assets and other matters. Auckland Council carries out hundreds of consultation exercises each year from small neighbourhood matters up to large regional issues. A list of how the council will engage on each issue would be extensive and would not allow flexibility depending on the timing, the community affected and likely level of interest on the issue. It would also limit the council’s ability to consider and refine approaches for engagement in response to community feedback.

21. An overview of the kinds of methods that could be used depending on the significance of the issue has been compiled to provide guidance. These have been categorised as small and simple, medium or large and complex. The level of significance will be determined using the criteria in section 3 of the policy. The criteria used to assess whether a decision is significant are also useful when considering which engagement methods should be used for a particular decision (if any). For the avoidance of doubt, the use of the criteria to assess the level of engagement does not replace the council’s assessment of whether or not a decision is ‘significant’.

Significance

22. A decision is significant if:

a. the thresholds related to an activity or group of activities are exceeded; or

b. the decision relates to strategic assets.

23. A decision will also be significant where the council, having applied the criteria, decides that it is significant. Where a decision is determined to be significant, it will automatically trigger a requirement to consult.

Strategic Assets

24. Strategic assets are defined as assets or a group of assets required for the local authority to maintain its capacity to achieve or promote any outcome that council determines is important for the present or future wellbeing of the community. The council considers its strategic assets as whole (rather than single assets), because it is the asset class as a whole that delivers the service. The list of strategic assets should cover only those assets that are significant for an entity the size of the Auckland Council. The strategic assets are listed in the Significance and Engagement Policy, which includes land or buildings owned by the council that are required to maintain the local authority’s capacity to provide affordable housing, and equity securities held by council in a port company or airport company.

25. The definition of networks included in the list of strategic assets has been updated by inclusion of the North Harbour Stadium, Bruce Mason Theatre and Q Theatre, which Auckland Council acquired since the adoption of the Significance Policy in 2012. In addition, substantive shares in Watercare have been combined with shares in substantive CCOs as Watercare became a substantive CCO in 2012.

26. The legislation provides that a decision to transfer the ownership or control of a strategic asset to or from the local authority may only be made if they are explicitly provided for in the council’s LTP and, from 2015, also included in the consultation document used to consult on the LTP.

27. Decisions on assets not included in the list are subject to the normal provisions of the Local Government Act 2002 regarding decision making and consultation. This ensures that interested or affected parties will have their views considered appropriately in decision making. The council would retain discretion to consult (including using the special consultative procedure) for these decisions if it wished.

28. Strategic assets, as defined by this policy, that are owned and or managed by a substantive CCO are identified in the CCO Accountability Policy.

Thresholds

29. As a general guide, the creation of a new group of activity, the cessation of a group of activity, or a 33 per cent increase or 20 per cent decrease in the nature of a group of activity, would be considered significant.

General Criteria

30. The council has also identified a list of criteria to consider when deciding whether or not a matter is significant.

Timeline

31. The high level timeline for the development of the policy is as follows:

Milestone	Description / steps	Timing
Developing the draft policy	Drafting the policy Testing the policy internally, with key stakeholders and advisory panels Gaining feedback on draft policy with local board members, local board chairs, IMSB Regional Strategy & Policy for adoption prior to consultation	July – August 5 September
Consulting on the draft policy	Communications and engagement on the draft Local board workshops Local board reports / formal feedback process Advisory panel workshops Stakeholder discussions Public engagement	September-October
Revising the draft policy	Analysing and reviewing feedback Updating draft policy	October onwards
Adopting the policy	Budget Committee Regional Strategy and Policy Governing body for adoption	5 November 6 November 27 November

32. This policy is expected to be adopted by 1 December 2014 and must be incorporated into the Long-term Plan (in summary form). The policy can be amended at any time.

Consideration

Local board views and implications

33. This report is seeking the views of local boards on the draft policy.

34. Local boards’ statutory role of identifying and communicating the views of the community on regional strategies, policies, plans and bylaws of the council has been taken into account during the development of the draft policy.

35. Engagement with local boards to date has included:

· an initial discussion at the Local Board Chairs Forum meeting on 28 April 2014;

· a workshop for all local board members to discuss aspects of the draft policy on 22 August; and

· workshops are being held with individual boards during September and October where requested.

Māori impact statement

36. Auckland Council recognize that Māori are a critical / important audience that need to be engaged in a meaningful way. The Treaty of Waitangi Audit 2012 and the Auckland Council Guide on Engaging with Māori were reviewed during the development of the draft policy. The draft policy has been presented for discussion to the Independent Māori Statutory Board. The results of a recent research study on Māori engagement with Auckland Council will be considered prior to finalizing the draft policy and to identify improvements with the engagement guidelines.

37. Discussions on the draft policy and guidelines will also take place at a mana whenua forum during the consultation period.

General

38. This report does not involve decisions that will trigger the council’s current Significance Policy.

Implementation

39. Auckland Council does not currently have an adopted engagement policy. It does however have:

· a consultation and engagement guidebook;

· a guide on Engagement with Māori;

· a staff training programme in community engagement through the International Association of Public Participation (IAP2);

· an internal network which is used to share case studies; and

· an annual awards event to celebrate good practice.

40. Further work is taking place to improve the guidance that is available, in particular with respect to engaging with Auckland’s culturally and demographically diverse communities.

41. It is expected that updated guidance, case studies and templates will be prepared alongside the development of the draft policy so that these are available for the purposes of engagement on the draft Long-term Plan and other processes as soon as practicable. This will include legal advice on the consultation document and other changes to requirements as a result of the LGA 2002 amendments.

42. Local boards will be encouraged to input into the development of the updated guidance, case studies and templates through engagement advisors.

Attachments

No.	Title	Page
a View	Draft Significance and Engagement Policy	201

Signatories

Authors

Carol Hayward - Team Leader Consultation and Engagement

Authorisers

Wilma Falconer - Communications and Public Affairs Interim Director

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

14 October 2014

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

File No.: CP2014/15277

Purpose

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

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Auckland Transport Update on Issues Raised in September 2014 report.

Comments

Local Board Auckland Transport Capital Fund Projects

2. The Auckland Council Infrastructure Committee has agreed to changes proposed by Auckland Council and Auckland Transport relating to the eligibility of projects funded under the Local Board Transport Capital Fund (LBTCF). The eligibility of projects had previously been guided by a March 2013 decision of the former Strategy and Finance Committee, which specifically precluded Auckland Transport from using the LBTCF to undertake works outside the road corridor. A number of local boards felt that this rule created unnecessary rigidity in the use of the fund, and earlier this year the Budget Committee re-examined the issue and referred it to the Infrastructure Committee for decision. On 3 September, the Infrastructure Committee resolved to allow appropriate works funded by the LBTCF to be undertaken on council or CCO-controlled land outside the road corridor, providing the body controlling the land was also in agreement with the proposal.

3. This is expected to have greatest application on land controlled by council’s Parks department, and in particular for walking and cycling infrastructure that connects with the Auckland Cycle Network or local board plan priorities will be able to be funded. For every project that is undertaken outside the road corridor, a specific agreement with the agency controlling the land will be required. This agreement will cover ownership of the asset (this will usually be transferred to the agency controlling the land by AT) and the budget from which ongoing maintenance costs will be sourced (usually this will be covered within the budget of the agency controlling the land).

4. The changes are effective immediately. Several local board projects have been advanced in anticipation of the changes made to the fund, and these should be able to move forward quickly now that the decision has been formalised.

Auckland Transport News

Chip Seal Programme

5. Auckland Transport is about to embark on its annual road resealing programme. Chipseal will be used wherever possible as it provides a cost effective and durable road surface, which is well suited to Auckland’s flexible road pavements.

6. Resealing the road surface waterproofs the surface and improves the road skid resistance to ensure that the roads stay in good condition. Regular maintenance of the roads means that they do not need to be totally reconstructed. Generally the road surface will last between 10 to 15 years.

7. In general a typical reseal would follow this timeline:

i. Some weeks prior to reseal:

· Fix any road failures in the street – Localised road pavement repairs

ii. A few days prior to reseal:

· Letter drop informing residents of the road reseal

iii. Day of reseal:

· Set up traffic management

· Sweep road for debris

· Chip seal applied

· Roll chip into road surface

iv. Within a few days of reseal:

· Sweep excess chip off the road

· Reinstatement of road marking

v. A week or so after reseal:

· Road surface checked

· Further sweeping to pick up any excess loose chip

· Remove traffic management

vi. 3 – 4 weeks after reseal:

· Additional sweeping if required, to remove any remaining loose chip.

8. The contractor responds to any Call Centre service requests relating to the chip sealing during the course of the work.

Beach Road Cycleway Complete

9. The first stage of the Beach Road cycleway is complete. A key component of the Auckland Cycle Network, involving 1.5km of new paths, Beach Road cycleway route is the first dedicated two-way ‘separated’ cycleway to be built in Auckland.

10. The completed cycleway runs along Beach Road from Churchill Street and connects with existing cycle routes on Tamaki Drive and Quay Street, along with the new Grafton gully cycleway and the Upper Queen Street cycleway. Together they form a continuous, safe and convenient route for cyclists to access the city centre.

11. The Beach Road cycleway is also part of the Harbour Edge initiative, which seeks to better connect Aucklanders with the sea and deliver on the Mayor’s objective of making Auckland the world’s most liveable city.

Albany Highway North upgrade to start in October

12. Auckland Transport has announced an expected October start date for its long-awaited upgrade of Albany Highway North.

13. Auckland Transport’s biggest roading project on the North Shore since the Northern Busway, the $38 million upgrade will see the highway more than double in capacity, with a new transit lane in each direction; on and off-road cycle routes and wider footpaths, a new bridge over the Oteha Stream and replacement of three major roundabouts with signalised intersections.

14. The 3.8km stretch of highway to be upgraded extends from the Schnapper Rock Road/Bush Road intersection in the south to the Albany Expressway in the north.

15. The project is expected to take two and a half years to complete and will be delivered by contractor Fulton Hogan.

16. Albany Highway is a regional arterial road serving the North Harbour industrial estate, five schools, Massey University and a cluster of residential estates. The highway also provides an important connection to other areas of Auckland and is a vital transit road for commuters and industry.

17. Together with the NZ Transport Agency’s current upgrade of State Highway 1 between Upper Harbour Highway and Greville Road, the Albany Highway North upgrade is part of a wider strategy to improve transport links on the North Shore.

18. Auckland Transport predicts the upgrade will provide many benefits for the Albany community and others who use the busy arterial route, particularly during peak travel times.

19. With traffic volumes on the highway predicted to rise from 15,000 to 20,000 vehicles a day by 2021, this upgrade is essential for reducing congestion, improving safety for all road users (including the area’s 5,000 students) and encouraging the use of a range of transport modes.

20. The upgrade will also help to cater for projected growth in the Albany area and assist the general flow of traffic. Importantly, the introduction of T3 transit lanes during peak travel times will improve journey times for those using public transport or ride-sharing.

21. Local residents will also benefit from new walking and cycling facilities, including new off-road cycle paths that will provide safer journeys to and from school for young riders.

22. Auckland Transport will be holding public information days prior to construction to give people the opportunity to meet the project team, view plans and ask questions. Details will be advertised in the near future.

23. For more information and updates on the Albany Highway North Upgrade, visit www.AT.govt.nz/albanyhighway

albany highway impression

Albany Highway Impression

Changes to North Star Bus Timetables - Sunnynook

24. Changes are being made to North Star bus timetables from 12 October 2014 to improve the reliability of these services:

· 843, 891, 913, services will have changes to their start times. Many customers will notice a significant change to their timetable.

· 873, 952, 86x, 858, 839, 85x, 877 will have start time changes to a few of their services. See table below.

Route	Current (START)	New (START)	New (FINISH)
85x	06:50	06:45	07:47
85x	07:10	07:05	08:07
86x	08:25	08:30	09:25
839	07:05	07:00	08:05
858	08:40	08:45	09:55
873	07:25	07:20	07:55
877	08:30	08:37	09:42
952	07:25	07:20	08:05

25. Other North Star routes have had adjustments to their timetable to better reflect actual runtimes. The timetables will simply reflect what they already experience everyday on the road. These runtime changes have already been updated in IPTIS (since July) and are therefore currently showing in the Journey Planner. The changes will simply be aligning the timetables at bus stops with the Journey Planner information.

26. Ambassadors have been riding on affected 843, 891, 913, 873, 952, 86x, 858, 839, 85x, 877 services from 29 September 2014 handing out new timetables and at key bus stops (Takapuna, Sunnynook shops, Milford shops, North Shore Hospital, Glenfield shops).

27. The changes have been advertised in the North Shore Times 23 and 30 Sept and 7 October 2014, with posters on North Star buses from 16 September as well as posters at all bus stops on the most affected routes (813, 891, 913) and some other key bus stops from 16 September. New timetables were published on the AT website from 16 September.

Local board views and implications

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

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

Maori impact statement

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

Implementation

31. There are no implementation issues.

Attachments

No.	Title	Page
a View	Devonport Takapuna Issues Raised by Local Board Members During September 2014	225

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

14 October 2014

Local board feedback on the draft Arts and Culture Strategic Action Plan (ACSAP)

File No.: CP2014/22848

Purpose

1. To endorse the Arts and Culture Strategic Action Plan’s proposed goals and action areas.

Executive summary

2. The Arts and Culture Strategic Action Plan (ACSAP) is a core strategy to deliver on the Auckland Plan vision to be the world’s most liveable city. It sets out a strategic direction for the next 10 years that will guide the planning and delivery of arts and culture activities in Auckland, in order to “integrate arts and culture in our everyday lives”.

3. Public consultation on the draft ACSAP was held 23 June to 24 July 2014.

4. A total of 440 submissions were received from key (external) stakeholders and the general public – 50 from arts and culture organisations, 109 from children and young people and the remainder from the general public.

5. Feedback from local boards was generally positive. The draft ACSAP aligned well with the arts and culture aspirations in many of the local board plans.

6. There was strong endorsement from key stakeholders and the general public of the draft ACSAP’s goals and action areas.

7. However, feedback from local boards and key stakeholders indicated that considerable further work is required on the implementation section of the plan.

8. As a result of this feedback, the ACSAP has been split into two parts:

· The ‘strategic section’ of the plan, which outlines the goals and action areas; and

· An ‘implementation section’, which will provide detail on the specific actions to be delivered and by whom, timeframes and measures.

9. The strategic section (goals and action areas) will be reported to the Arts, Culture and Events Committee for adoption in October 2014.

10. The implementation section requires further work and engagement with local boards and key stakeholders. This will be reported to the Arts, Culture and Events Committee for adoption in March 2015.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) endorse the Arts and Culture Strategic Action Plan’s proposed goals and actions and recommend that the Arts, Culture and Events Committee adopt them.

b) note that further work on the implementation section will be undertaken with local boards from November 2014 to February 2015.

Comments

Local board feedback

11. To date, engagement with local boards has included portfolio holder briefings, workshops and meetings with local board members. Written and verbal feedback has been received (refer Attachment A).

12. Local boards are generally positive about the draft ACSAP, its alignment with draft local board plans and its ability to support local board’s diverse arts and culture aspirations.

13. Key themes emerged from local board feedback:

· Community feedback on the draft plan needs to be reflected in the final ACSAP

· Greater recognition of the importance of arts and culture in placemaking and urban design

· Greater clarity on the council’s role and what the council will specifically deliver and support

· Improve the affordability of hiring creative spaces

· Improve Aucklanders’ access to and participation in arts and culture

· More public art outside the city centre

· Regional institutions to deliver arts and culture in rural areas

· Greater use of digital tools, such as an arts and culture calendar, on-line tools to connect artists with funders, on-line access to and apps about the history of significant sites etc.

· Recognise the importance of ‘local’ i.e. arts and culture by local communities, for local communities, in local communities.

14. The areas of strong alignment between local board, key stakeholder and general public feedback include: the importance of arts and culture in placemaking; celebrating multiculturalism; and addressing affordability and accessibility issues for audiences and participants.

Public feedback

15. Public consultation on the draft ACSAP took place from 23 June to 24 July. It was publicised through various channels. Local boards also promoted the consultation to their communities.

16. A total of 440 submissions were received. Of these 50 were from arts and culture organisations, 109 were received from children and young people and the remainder were from the general public (refer Attachment B for the feedback summary and submission numbers by local board area).

17. Specific consultation with children and young people was undertaken during the school holidays, thus accounting for the high number of responses from these groups. Staff worked with Uxbridge Creative Centre, The Auckland Performing Arts Centre, Auckland Central Library, Auckland Art Gallery and schools to run visioning and imagining exercises and collect feedback via a specifically designed worksheet.

18. Key themes from the public consultation were:

· The importance of public art and arts and culture in placemaking

· Sustainable funding of arts and culture

· Affordability and accessibility to arts and culture for audiences and participants

· Honouring Māori culture and recognising the contribution of multiculturalism to Auckland’s identity

· A strong desire from many individuals and organisations to partner with the council to implement the ACSAP.

19. Submitters strongly endorsed the six goals and 16 action areas in the draft ACSAP.

Adopting the ACSAP through a two-stage process

20. Whilst there was general support for the goals and action areas, there was also strong feedback on how the detailed actions of the ACSAP will be implemented. Additionally, external stakeholders expressed a desire to be involved in delivery.

21. The mayor’s proposal for the Long-term Plan 2015-25 requires refinement to the detailed actions and a close look at implementation.

22. As a result of these issues, the ACSAP has been split into two parts:

· The ‘strategic’ part of the plan, outlining the goals and actions areas. Staff seek local board endorsement of the proposed goals and action areas (below), and local board recommendation that the Arts, Culture and Events Committee adopt the goals and action areas at its October committee meeting. Prior to further consultation on implementation, it is important that the ACSAP goals and action areas are adopted to guide this discussion.

· The ‘implementation’ part of the plan, with details on specific actions, lead organisations, timeframes and measures. This requires further work and engagement and will be reported to the Arts, Culture and Events Committee in March 2015. Feedback from the consultation will be used to refine and inform this work.

ACSAP strategic section: proposed goals and action areas

23. Early information and feedback from local boards and key stakeholders was used to develop the goals and action areas in the draft ACSAP. They have been confirmed through the consultation process, which also identified priority goals and action areas (see bold points in the table below).

24. The proposed final ACSAP goals and action areas are:

Goals	Action areas
All Aucklanders can access and participate in arts and culture	Place Aucklanders at the centre of arts and culture planning and delivery
	Better communicate what’s on offer
	Remove barriers to access and participants
Auckland values and invests in arts and culture	Grow and deliver strategic investment in arts and culture
Auckland values and invests in arts and culture	Evaluate and promote the economic, social, cultural and environmental value of investment in Auckland’s art and culture
A network of vibrant arts and culture organisations and facilities meets Auckland’s diverse needs	Foster arts and culture organisations and facilities that build and promote Auckland’s unique identity
	Support arts and culture organisations and facilities to engage with Auckland’s diverse population in innovative and inclusive ways
	Arts and culture organisations work together as a complementary regional system
	Provide a regional spread of vibrant diverse and affordable creative spaces
Arts and culture are intrinsic to Auckland’s place making	Tell our stories by encouraging unique and distinctive public art that reflects and responds to our place
	Make it easier to plan, create and deliver innovative art and design in public places
	Engage more artists and Aucklanders in art in public places
Auckland celebrates a unique cultural identity	Celebrate Māori and their culture as a point of difference
Auckland celebrates a unique cultural identity	Champion Auckland’s unique arts and culture
Auckland has a robust and flourishing creative economy	Foster a robust network of creative industries
Auckland has a robust and flourishing creative economy	Champion innovation to attract talent

Next steps

25. Further engagement with local boards, key stakeholders, mana whenua and mataawaka on implementation will take place between October 2014 and February 2015. The implementation section will be reported to the Arts, Culture and Events Committee in March 2015 for adoption, and the ACSAP in its entirety will be finalised.

Consideration

Māori impact statement

26. The Independent Māori Statutory Board (IMSB) is represented on the ACSAP steering group to provide guidance on content and process. The IMSB’s Māori Plan for Tāmaki Makaurau was a guiding document underpinning the development of the draft ACSAP.

27. Māori aspirations and outcomes were clearly identified and addressed in the draft ACSAP with Māori actions woven through all the action areas; this will not change. The ACSAP acknowledges and celebrates Māori culture as Auckland’s point of difference, and mana whenua as Treaty partners in a multicultural Auckland.

28. One of the key arts and culture actions in the Māori Plan for Tāmaki Makaurau was that council support a signature Māori event – this is included in the ACSAP. The mayor’s proposal on the LTP 2015-25 states his expectation that Auckland Tourism Events and Economic Development (ATEED) will deliver a significant Māori event, and that ATEED may need to refocus its current resources to achieve this aim.

29. Further engagement with mana whenua and mataawaka is planned as part of developing the implementation section of the ACSAP.

Attachments

No.	Title	Page
a View	LB Feedback	235
b View	Consultation Summary	239
c View	Draft Arts and Culture Action Plan	245

Signatories

Authors

Rebecca Kruse - Strategy Analyst

Maree Mills - Principal Strategy Analyst

Authorisers

Grant Barnes - Manager - Auckland Strategy and Research

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

14 October 2014

Integrated bylaws review and implementation programme (IBRI) update – September 2014

File No.: CP2014/22864

Purpose

1. This report provides an update on the Integrated Bylaw Review and Implementation programme, noting its progress towards delivering a set of bylaws by October 2015.

Executive Summary

2. The Integrated Bylaw Review and Implementation (IBRI) programme is reviewing the set of legacy bylaws, in addition to supporting the adoption and implementation of new bylaws that are appropriate for Auckland, by October 2015.

3. An investment proposal for funding for the 2014/2015 year was endorsed by the Budget Committee in May 2014. This ensures that the programme has adequate funding for its activities this year, including the delivery of several bylaws that are planned to come into force alongside the July 2015 start of the next long-term plan period.

4. Progress has been made on the review and implementation stages for several topics. The final Navigation Safety Bylaw and Cemeteries and Crematoria Bylaw have now been adopted by the governing body and will come into force in the next few months. The Auckland Transport Board has also adopted changes to their Election Signs Bylaw that are now in force.

5. Seven bylaw proposals were (or are) open for formal public consultation from August to October. These are the Trading and Events in Public Places Bylaw, the Alcohol Control Bylaw, the Animal Management Bylaw (covering animals other than dogs), an amendment to the Health and Hygiene Bylaw, the Signage Bylaw, the Stormwater Bylaw and the Outdoor Fire Safety Bylaw. Consultation around these topics will ensure that a coherent view is presented to the public across these topics and in the context of other work.

6. The Alcohol Control Bylaw proposal includes recommended delegations to local boards to allow a timely review of the current alcohol bans in each local board area.

7. The 2014 programme for review of local dog access rules is well underway with the local boards that are proposing changes this year. Reports on the submissions have been prepared to support final decisions by summer.

8. The new Public Safety and Nuisance Bylaws and the Health and Hygiene Bylaw have now come into force, and the changes that allow the council to operate these new bylaws have been successfully delivered. Media coverage for these has generally been positive. In particular the prohibition on use of sunbeds by those under 18 years old has received positive coverage.

9. Detailed planning to support the implementation of the Navigation Safety Bylaw and the Cemeteries and Crematoria Bylaw, and other upcoming bylaws, is underway.

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

Recommendation/s

That the Devonport-Takapuna Local Board:

a) note the progress of the Integrated Bylaw Review and Implementation programme towards its completion of the delivery of new bylaws by October 2015.

Comments

Background to the Integrated bylaw review and implementation programme

11. Auckland Council inherited a set of legacy bylaws from the former councils, covering approximately 30 topics. These bylaws will expire at the end of October 2015.

12. The Integrated Bylaw Review and Implementation programme has been established to review these bylaws and prepare a new bylaw for each topic where appropriate, and to make and communicate the necessary changes so that the council can operate the new bylaws and achieve the outcomes sought from each. The programme will also work with affected parties where a legacy bylaw is not replaced by a new bylaw.

13. Both local boards and the Regulatory and Bylaws Committee receive regular updates on the programme. The previous update was provided to local boards in April 2014. This report provides an update on the various topics included in the programme, and Attachment A provides an overview of the timeline through to October 2015.

Funding for bylaw review and implementation

14. A funding proposal for the IBRI programme was approved by the Budget Committee at its meeting of 8 May 2014 (refer resolution BUD/2014/24). This means that the programme will have sufficient resources to deliver its objectives over the 2014/2015 year. The majority of the bylaw topics included within the programme will be completed by the end of this financial year, with several bylaws expected to come into force alongside the start of the new financial year on 1 July 2015. It is expected that there will also be some programme activities through the first part of the 2015/2016 year.

Update on review stage for bylaw topics

15. Table one and table two below show the current status of the review topics and provide further comments for particular topics.

16. This includes bylaws that may be folded into or managed under other topics (Arkles Bay set netting, Orakei Basin), the ongoing local boards’ review of dog access rules, regional film fees, and the review that must take place within five years of any bylaw’s adoption.

17. Local boards have recently provided input to the bylaw reviews for construction and transport for Auckland Council land (such as parks). Further engagement is underway or being planned for the next topics in the review, including alcohol controls review, environmental protection and regional film fees.

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

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


Work programme
Outdoor / rural fire safety	G
Trading and events in public places	G								See below
Stormwater management	G
Signage	G								See below
Alcohol licensing fees	A
Alcohol control	G								See below
Animal management	G								See below
Health and hygiene amendment									See below
Air quality	G
Boarding houses and hostels	G
Commercial sex industry	A								Issues covered in unitary plan and other bylaws
Construction and development	G
Onsite wastewater	G
Orakei Basin	G
Recreational and cultural facilities	G
Transport (Parks / AC controlled land)	G
Water supply and wastewater (reticulation)	G
Wharves and marinas	G
Environmental protection	G

Other work
Review - local dog access rules	G								See below
Freedom camping	G
Arkles Bay set netting	G
Regional film fees	G								See below
Five year reviews	B

Status summary codes

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

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

Navigation safety (including lifejackets)

On track

Public submissions closed on 17 March and public hearings and deliberations were completed. The Hearings Panel report on the final form of the bylaw was considered and adopted by the governing body at its meeting on 31 July 2014.

The panel requested that a campaign be developed to communicate the changes introduced in the new bylaw and to support the bylaw’s objectives around safety on the water, particularly in relation to smaller boats and the wearing of lifejackets. Planning for this campaign is now underway to support the commencement of the new bylaw.

Cemeteries and crematoria	On track	G
Public submissions closed in June and the public hearings and deliberations were completed. The Hearings Panel report on the final form of the bylaw was considered and adopted by the governing body at its meeting on 31 July 2014. The final bylaw and code of practice included a number of changes arising from public consultation, including clarifying procedures around burial and plots and for scattering of ashes.

Election signs (amendment)

On track

The Auckland Transport Board proposed a series of amendments to the Election Signs Bylaw to reflect issues that arose in the 2013 local body elections. These changes included limits on the times when signs can be displayed on private sites, allowing candidates to appear on both individual and team signs on a single site, and requiring contact information on signs to be readable. Submissions closed on 3 June.

Final changes were adopted by the AT Board at its meeting of 24 June, and came into force on 18 July (just before the two month period that runs up to the general election on 20 September).

Trading and events in public place

On track

Both Auckland Council and Auckland Transport have endorsed their proposed Trading and Events in Public Places bylaws. These apply to streets and footpaths and other public places. Public submissions were open from 4 August to 4 September, with hearings and deliberations to follow. It is expected any new bylaws could come into force for July 2015. This would allow any fee changes to also be put in place with the new long-term plan that will start then.

The bylaws cover a range of issues including street performances, mobile shops, outdoor dining and displays, markets and stalls and charity collections.

Signage

On track

A proposed Signage Bylaw was reported to the August meetings of the Regulatory and Bylaws Committee, the governing body and the Auckland Transport Board. Public consultation is open from 3 September to 3 October 2014.

The bylaw covers a range of types of signs including portable, free standing, wall-mounted, veranda and window signage. It also addresses requirements for posters and for certain types of signs including signs in public open spaces, signage advertising commercial sexual services, real estate signage and event signage.

Any new bylaw could be in place for July 2015 and will work alongside Unitary Plan requirements that apply to specific types of signs.

Alcohol control

On track

The Alcohol Control Bylaw will allow the council to put alcohol bans (previously called liquor bans) in place. These bans prohibit the consumption or possession of alcohol in specified public places at particular times. Alcohol bans can work alongside other regulatory and non-regulatory tools to help minimise the harm that can be associated with alcohol.

A proposed bylaw was adopted by the governing body on 31 July and was open for public consultation from 15 August to 15 September. The proposal includes delegations allowing local boards to review, make, amend and revoke alcohol bans for local public places. The governing body would make these decisions for public places that are of regional significance.

The bylaw includes criteria to help evaluate any request for an alcohol ban, based on the requirements of the enabling legislation. It has also been designed to support a range of approaches to help communities manage problems associated with alcohol use.

The current proposal does not include a review of the existing alcohol bans or the making of new alcohol bans. Decisions on the existing alcohol bans will need to be made by local boards and the governing body after the new bylaw is adopted and before October 2015. Local boards are now receiving further information on how they can carry out their role for this review.

Animal management

On track

A proposed Animal Management Bylaw was adopted by the governing body on 31 July and was open for public consultation from 15 August to 15 September. The bylaw provides Aucklanders with the opportunity to own different types of animals for companionship, while minimising possible impact on their neighbours. Under the proposed bylaw, people that keep animals need to ensure the animals do not cause a nuisance, risks to public health and safety, or damage council land.

Specific provisions are included for urban properties relating to the keeping of bees and chickens or other stock (such as a rooster, goat, pig or sheep). There are also specific provisions related to horse riding in public places.

Issues relating to animal welfare, wildlife predation and dog management are addressed through national legislation and do not form part of this proposal.

Health and hygiene amendment

On track

The Health and Hygiene Bylaw 2013 was adopted by the council in 2013 and came into force on 1 July 2014. The bylaw and code, as adopted, requires pharmacists to obtain a licence under the bylaw if they offer commercial ear-piercing services.

The council has now received further information from industry representatives that shows public health is adequately protected through existing central government regulation and industry-based standards. Accordingly, the council is proposing an amendment to the bylaw that will exempt pharmacists from the requirement to obtain this licence under the bylaw when they provide commercial ear-piercing services. Public consultation was open from 15 August to 15 September.

Local dog access review

On track

The 2014 local board dog access review includes several areas within the following local boards: Kaipatiki, Orakei, Maungakiekie-Tamaki, Puketapapa, and Hibiscus and Bays.

This is the first year of the new approach to reviewing dog access rules, which means the council can consider requests for changes to dog access rules on an annual basis. This approach is more responsive to residents and the environment, and enables robust consideration of specific public places to provide for public safety and comfort, the needs of dogs and their owners, and to ensure the practicality of dog access rules.

The council is required to advise registered dog owners about these proposed changes, which has been achieved by including relevant material within the annual dog registration package. This is the first year that this approach has been possible, and it has reduced costs and ensured that dog owners receive a single combined communication from the council. This targeted advice has been supported by other communication including public notices, local newspaper advertising and initiatives planned by those local boards listed above.

Submissions on the proposed changes closed on 23 July 2014. Panels established by the relevant local boards considered the submissions, held hearings and reported to their respective local boards who have adopted the recommendations and finalised the review process.

Further dog access review changes are planned for the next two years. Work is now underway for local boards that are involved in the 2015 review programme. The local boards that received a report in September to confirm commencement of the review and define its scope are Rodney, Upper Harbour, Devonport-Takapuna, Waitakere Ranges, Waiheke Island, Albert-Eden, Puketapapa, and Waitemata.

Regional film fees

On track

There are around 500 permit applications for filming activity each year, including many on local parks. The Auckland Film Protocol expresses the council’s intention to welcome filming, support this activity and maximise the financial and other benefits it brings to Auckland. The protocol also includes measures to ensure filming’s impacts on communities are well managed.

When the Film Protocol was adopted in 2013, several local boards asked that further work be carried out to understand how local communities can get more benefit from filming. The regional film fees project responds to part of that request. It will review how fees for filming can be set and managed, and how council’s direct revenue associated with filming permits can be used to meet the costs of facilitating filming and to improve the public spaces (including parks and streetscapes) that are used by film-makers.

Further information is being provided to local boards through September and October.

Update on implementation stage for new bylaws

18. Table three and table four below show the current status of implementation projects and further comments for particular implementation projects.

Table 3: Summary of status and next steps for implementation projects

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

*Proposed future*
Construction	B
Transport (AC land)	B

Table 4: Additional comments for particular implementation projects

Alcohol licensing fees

On hold

As part of reforming laws relating to the sale and supply of alcohol, central government updated licensing fees and also allowed each territorial authority to set its own fees for the licensing services it must provide. Auckland Council considered a report on the costs involved in August 2013, and endorsed adopting a bylaw to set its own alcohol licensing fee amounts, to take affect from 1 July 2014 (refer Governing Body meeting of 22 August 2013, item 13, GB/2013/83).

A further report has now been considered by the Regional Strategy and Policy Committee (7 August, item 11). The report provided an update on this matter, noting that revenue collected to date effectively covers relevant operating costs. The committee endorsed the council continuing to use the default licensing fees set by central government and that a further update should be provided early in 2015 (refer REG/2014/101).

Health protection	On track	G
The new Health and Hygiene Bylaw and code of practice are in force from 1 July 2014, and this project has now completed its closure phase after managing commencement successfully. The council’s leadership on prohibiting the use of sun-beds for people under 18 years of age was highlighted positively in the media.

Marine (including Navigation safety)	On Track	G
The new Navigation Safety Bylaw will come into force for the 2014/2015 summer. The bylaw includes key changes around the wearing of lifejackets on vessels under six metres in length. An education and information campaign is currently being prepared to support this and other changes that the bylaw introduces. This will include updating signs at key boat ramps across Auckland and working with other water safety organisations to deliver these safety messages to the community.

Consideration

Local Board views and implications

19. Local boards are involved in the review of each bylaw topic (consistent with the review’s principles). This report provides an update on the programme, but does not raise any issues specific to local boards apart from those already noted above.

20. No proposals for local bylaws have been received through the above period.

Maori impact statement

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

General

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

Implementation

23. The programme includes implementation and delivery for each bylaw, as noted above. This includes working with internal and external stakeholders as relevant to each topic.

Attachments

No.	Title	Page
a View	Bylaw programme timeline	325

Signatories

Authors

Helgard Wagener - Team leader, Policies and Bylaws

Authorisers

Warren Maclennan - Manager Planning - North/West

Penny Pirrit - Regional & Local Planning Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

14 October 2014

Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987

File No.: CP2014/21176

Purpose

1. The purpose of this report is to present the Devonport-Takapuna Local Board with applications for special exemptions from some of the requirements of the Fencing of Swimming Pools Act 1987 (The Act).

Executive summary

2. The local board must conduct a hearing and consider each of the applications for special exemption. The local board must also resolve to decline, grant or grant subject to conditions, the exemptions sought.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the applications by:

i) Lee Dodds – 97A Braemar Road, Castor Bay

ii) Robert Fris – 98 Shakespeare Road, Milford

iii) Camandjen Limited – 2/65 Castor Bay Road, Castor Bay

iv) Rodney Mackinlay – 1 Summer Street, Stanley Point

b) determine each application, by way of resolution, to:

i) grant the application for special exemption as sought, or

ii) grant the application subject to conditions, or

iii) decline the application for special exemption sought.

Comments

3. Each property, which is the subject of an application before the local board, has been inspected by Auckland Council pool inspectors. In each case, the swimming/spa pool fencing does not comply with the Act. The details of non-compliance in each case vary and are specified in the attachments to this report. Each applicant has chosen to seek a special exemption from the requirements of the Act.

4. The purpose of the Act is “to promote the safety of young children by requiring the fencing of … swimming pools”.

5. The Act requires pool owners to fence their pool with a fence. Specific detail on the means of achieving compliance with the Act is contained in the schedule to the Act. If a pool is not fenced with a complying fence it is an offence under the Act, unless exempt.

6. An exemption can only be granted by the local board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.

7. Defining the immediate pool area will be relevant to considerations concerning the property and the pool. The immediate pool area means the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool. The Act provides that the fence should be situated to prevent children moving directly to the pool from the house, other buildings, garden paths and other areas of the property that would normally be available to young children.

8. Another common consideration for local boards in exemption applications will be instances where a building forms part of the pool fence. Where doors from a building open into the pool area, the territorial authority may grant an exemption from compliance with clauses 8 to 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw, and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years. If the local board is satisfied that a door within a wall in a building meets that test, the local board must also be satisfied that an exemption would not significantly increase the danger to young children.

9. When granting a special exemption, the local board may impose such other conditions relating to the property or the pool as are reasonable in the circumstances (section 6(2) of the Act). Issues to be considered include:

a. Will the exemption be personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption? This might be appropriate where the personal circumstances of the applicant have been considered as a relevant circumstance and had a bearing on the exercise of the discretion.

b. Will the exemption be granted for a fixed term and irrespective of changes of ownership so that the exemption runs with the property?

c. Are there any other conditions which should be imposed, repairs to existing fencing, or a requirement for more frequent inspection of the pool (currently pools are inspected every three years)?

10. Any exemption granted or condition imposed may be amended or revoked by the local board by resolution. The rules of natural justice would, however, dictate that this action should not be taken without prior notice to the pool owner and allowing the pool owner an opportunity to be heard.

Consideration

11. The recommendations contained within this report fall within the local board’s delegated authority.

12. The Act enables an exemption to be granted from clauses 8 to 10 of the Act (doors in walls of buildings) if the local board is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of 6 years.

13. The overarching consideration in terms of the Act is that a resolution to grant an exemption may only be made after having regard to the particular characteristics of the property and the pool, any other relevant circumstances and any conditions it may impose, and only if it is satisfied that such an exemption would not significantly increase the danger to young children.

14. The local board may resolve to grant, grant subject to conditions, or decline an application for special exemption.

15. If an application is declined, the applicant will be required to fence their pool in accordance with the Act.

16. The exemption hearing process under the Act does not trigger the Significance Policy, but it is an important statutory function.

17. Auckland Council is committed to ensuring that Auckland is a safe place for children to live and play in. Pool fencing issues have a strong relationship with the council’s strategic priorities for community safety.

Local board views and implications

18. The local board is the decision-maker in relation to exemption applications under the Act.

Maori impact statement

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

General

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

21. Council’s pools inspectors have consulted with the applicants in each case. Applicants have been made aware of the council’s requirements to ensure fencing is compliant with the Act. The applicants have elected to seek a special exemption for individual reasons.

Implementation

22. The decision must be made by resolution and contain conditions (if any).

Attachments

No.	Title	Page
a View	97A Braemar Road, Castor Bay (Under Separate Cover) - Confidential
b View	98 Shakespeare Road, Milford (Under Separate Cover) - Confidential
c View	2/65 Castor Bay Road, Castor Bay (Under Separate Cover) - Confidential
d View	1 Summer Street, Stanley Point (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Barry Smedts - Manager Compliance

Eric Perry - Relationship Manager

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

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

Authors	Chris Dee - Senior Local Board Advisor
Authorisers	Eric Perry - Relationship Manager

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