Agenda of Governing Body - 18 December 2014

Governing Body

18 December 2014

Allocation of additional funding to specific Māori transformational shift priorities from years four to ten of the Long term Plan 2015-2025

File No.: CP2014/27679

Purpose

1. To agree on the allocation of additional funding to specific Māori transformational shift priorities.

Executive Summary

2. On 5 November 2014, the Budget Committee considered a report identifying options to respond to the Mayor’s top three Māori transformational shift priorities and proposed Long-Term Plan 2015-2025 (LTP) priorities from the IMSB and mana whenua, utilising re-prioritised funding from across the council group. The report noted that the funding identified was unlikely to achieve the IMSB’s priorities or the Māori transformational shift.

3. The Budget Committee agreed to an additional $42 million capital expenditure and $7 million operational expenditure funding for the Māori transformational shift from year four of the LTP; and directed council staff to work closely with the IMSB secretariat staff to allocate this to specific priorities prior to the adoption of the LTP consultation document by the Governing Body on 18 December 2014.

4. The additional funding will help ensure progress on activities identified by mana whenua, the IMSB, and council as important to achieving the Māori transformational shift of significantly lifting Māori social and economic well-being.

5. Key priorities identified for the allocation of the additional funding are: Māori capital projects fund; mana whenua capability and capacity as kaitiaki of Tāmaki Makaurau; and mataawaka contribution to council decision-making.

6. On 5 November 2014, the Budget Committee also agreed that council and IMSB secretariat staff will work together on identifying activities and budgets within overall budget envelopes and report back to this committee prior to the LTP being adopted.

7. The budget refresh process, commencing in early 2015, provides the opportunity to implement this resolution and to ensure that all council group activities which contribute to the Māori transformational shift are clearly identified.

Recommendation

That the Governing Body:

a) approve the allocation of budget to the identified Māori transformational shift priorities for years four to ten of the Long-Term Plan 2015-2025.

Discussion

Background

8. On 5 November 2014, the Budget Committee considered a report setting out how council had used the strategic top down approach to clarify its political direction on priority Māori transformational shift activities and associated budgets. The report explained what work had occurred to address the mayor’s top three Māori transformational shift priorities; and the IMSB’s and mana whenua LTP priorities.

9. The report identified options to achieve the Mayor’s top three priorities and the remaining IMSB and mana whenua LTP priorities, utilising re-prioritised funding from across the council group, within the budget envelopes identified in the Mayor’s LTP proposal. The table below identifies these priorities and the allocated funding.

	Delivery Option	Scope	Total ($m)
Existing/reprioritised	Māori events	Signature Māori event Calendar of Māori events	5.00
	Māori capital projects	Fund for: Regulatory requirements Project management Planning requirements Capability and training	10.0
	Kaitiakitanga of natural resources	Capacity building programme Regional mana whenua forum Training	10.5
	Waka programme	Māori economic opportunities	1.00
	Whānau well-being	Māori sport and recreation	0.83
	Māori responsiveness	Māori responsiveness planning and projects	4.03
	Ngā Kete Akoranga	Elected member and staff learning and development	0.10
	Treaty Settlements	Treaty Settlements work programme	0.52
	Māori identity	Sites of significance work	7.70
			39.68

10. The report noted that the funding identified for these priorities was unlikely to achieve the IMSB’s priorities or the Māori transformational shift. The Budget Committee agreed to an additional $42 million capital expenditure and $7 million operational expenditure funding for the Māori transformational shift from year four in the Long-term Plan 2015-2025.

11. The Budget Committee directed council staff to work closely with the IMSB secretariat staff on the allocation of the additional funding to specific LTP transformational shift priorities prior to adoption of the LTP consultation document by the Governing Body on 18 December 2014.

Additional funding from year four of the LTP

12. Discussions between council and IMSB secretariat staff have identified a high level of agreement on the priorities for the allocation of additional funding from year four to ten of the LTP and have clarified the outcomes that IMSB is seeking.

13. The additional funding for capital expenditure of $42 million will form a Māori capital projects fund. This will support the development of self-sustaining marae, papakāinga, and increase the visibility of Auckland’s Māori identity through for example, public art. The aggregation of these into one fund allows flexibility to deliver on annual needs and priorities.

14. The additional funding for operational expenditure of $7 million will be allocated between three priorities:

i. Māori capital projects support fund $3.4 million – an increase to baseline funding to support capital projects including activities such as project management, capability and training, asset management planning and technical advice.

ii. Kaitiakitanga of Tāmaki Makaurau $2.3 million – contributing to mana whenua capability and capacity to realise and actively participate as kaitiaki, in relation to the shared aspirations of mana whenua and council.

iii. Mataawaka contribution to council decision-making $1.3 million – to invest in Māori community infrastructure and develop appropriate mechanisms such as regular forums to enable effective Māori participation in council decision-making processes.

15. The table below sets out the proposed allocation of additional funding from LTP year four.

	Delivery Option	Scope	Total ($m)
Additional funding from year 4	Māori Capital Projects	Marae development Papakāinga development Alternative infrastructure Cultural facilities Māori public art	42.0
	Māori Capital Projects	Support activities to assist capital projects planning and delivery	3.4
	Kaitiakitanga of Tāmaki Makaurau	Mana whenua planning and capability building programme	2.3
	Mataawaka contribution to council decision-making	Investing in Māori community infrastructure to enable contribution to council decision-making e.g. stakeholder forums. Relationship with devolved community funding model.	1.3
			49

Further work through budget refresh process

16. On 5 November 2014, the Budget Committee also agreed that, as part of planning and budgeting to implement the agreed LTP Māori transformational shift priorities, council and IMSB secretariat staff will work together on identifying activities and budgets within overall budget envelopes and report back to this committee prior to the LTP being adopted (BUD/2014/51- resolution d).

17. The budget refresh process, commencing in early 2015, provides the opportunity implement this resolution and to ensure that all council group activities which contribute to the Māori transformational shift are clearly identified.

18. In accordance with the top down approach, we are aiming to ensure a complete picture of all activities and budgets contributing to the Māori transformational shift to ensure that the council’s budgeting, business planning, monitoring and reporting processes can clearly identify progress through the LTP years.

Consideration

Local Board Views and Implications

19. This report identifies the allocation of additional funding to specific Māori transformational shift priorities, from year four of the LTP. Local boards have not been consulted in the preparation of this report. The LTP will be adopted by 1 July 2015 and agreed actions will apply to the council group, including local boards.

Māori Impact Statement

20. Auckland’s point of difference in the world is its Māori identity. Aligning the Long-term Plan to the Auckland Plan focuses council’s efforts on this Auckland Plan outcome and aligns council activities to contributing to significantly lifting Māori social and economic well-being. The council through its function and leadership can play a pivotal role in realising the potential and opportunities Māori aspire and bring to the world’s most liveable city.

21. The additional funding for years four to ten of the LTP will support progress towards achieving LTP activities identified by mana whenua, the IMSB, and council.

Implementation Issues

22. The budget refresh process, commencing in early 2015, provides the opportunity to implement resolution (d) of the 5 November 2014 Budget Committee meeting. Council’s new Māori responsiveness monitoring and reporting framework is being piloted in 2014/2015 for use in the LTP years.

Attachments

There are no attachments for this report.

Signatories

Authors

Luella Linaker - Kaiwhakatere Principal Advisor Strategy, Te Waka Angamua

Deborah James - Executive Officer

Authorisers

Johnnie Freeland - Paearahi Matua - Manager

Grant Taylor - Governance Director

Stephen Town - Chief Executive

Governing Body

18 December 2014

Long-term Plan 2015-2025 - Consultation process

File No.: CP2014/28578

Purpose

1. To approve the public consultation process for the Long-term Plan 2015-2025.

Executive Summary

2. Under the Local Government Act 2002, Auckland Council is required to follow the special consultative procedure to seek public feedback to inform the Long-term Plan 2015-2025.

3. The Council’s Long-term Plan (LTP) and Auckland Transport’s Regional Land Transport Plan (RLTP) are developed under a very similar timeline and cover largely the same transport issues. Rather than consulting with Aucklanders on the same issues at the same time, this year a single consultation process will be used to seek Aucklanders views on transport and inform both the LTP and the RLTP. Auckland Transport staff have been working collaboratively with council staff to plan and deliver this integrated approach.

4. Recent changes to the Local Government Act 2002 provide council with more flexibility in how it consults with Aucklanders, in particular in how council can collect feedback and hear the views of Aucklanders. The recommended consultation process aligns to Auckland Council’s Significance and Engagement Policy and builds upon the successful operation of previous consultation processes. It recommends a number of changes that satisfy legislative requirements while also enabling Aucklanders to engage in the public consultation process in a variety of ways to suit their personal preferences.

5. The key changes include:

· Increasing the public consultation period from one month to seven and a half weeks, commencing 23 January 2015 and closing on 16 March 2015. The longer consultation period will enable more Aucklanders to become informed and have longer to provide feedback.

· A wider range of feedback channels will be used (written feedback, in person feedback and digital feedback), with feedback across all channels collected (by 16 March) and processed in order to develop theme based briefings for decision-makers.

· Traditional hearings are replaced with 34 public spoken interaction events called Have Your Say (HYS) events across the Auckland region from 14 February through to the 14 March 2015. Aucklanders can provide feedback on regional and local issues at these events which will be attended by a mix of governing body members, local board members, Auckland Transport Board members (or their delegates) and well supported by staff to record all feedback.

· 25 general HYS events that will take place across the Auckland region, along with an additional 9 events for specific key stakeholders and hard to reach communities (e.g. Maori, Ethnic, Pacific and Youth/Seniors). A specific Transport event will also be held, which will be an invite only event for key transport stakeholders and will be strong supported by the Auckland Transport board.

· Instead of writing back to individual submitters following decisions, an informative report on the final decisions made and how Aucklanders’ views were considered will be developed and made available on ShapeAuckland, as well as libraries, local board offices and service centres. The availability of the report will be communicated to Aucklanders by emailing people who have participated in the process, social media, advertising (Herald, ethnic media and local papers) and via the Auckland Council website.

6. The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 requires the Maunga Authority and Auckland Council to agree an Annual Operational Plan as part of the LTP process. The Act requires the Maunga Authority and the Council to jointly consider submissions relating to the draft operational plan summary. Provision has been made in the LTP process to meet these legislative obligations. The council will attend a joint deliberations meeting in 2015.

Recommendation/s

That the Governing Body:

a) approve the public consultation approach for the Long Term Plan noting that:

(i) The public consultation period will run for seven and a half weeks from 23 January through to 16 March 2015

(ii) Feedback can be provided through written, in person and digital channels

(iii) Traditional style hearings have been replaced with Have Your Say events across the region. At these events, Aucklanders can provide feedback and have their views heard by decision makers (or their delegates)

(iv) Staff will prepare regional and local briefing reports to provide a full summary of public feedback received across all channels

(v) The council will participate in a joint deliberations meeting with the Maunga Authority on their Annual Operational Plan to be held in 2015

(vi) A summary of the final decisions made and how Aucklanders views were considered in the decision-making process will be made publicly available in July and widely communicated.

b) delegate to the following elected members and staff the power and responsibility to hear from the public through “spoken interaction/NZ sign language interaction” at the 34 “Have Your Say” events for the LTP:

(i) Councillors;

(ii) Local Board Chairs and Local Board Members for events in their local board area;

(iii) Tier 2 and Tier 3 staff and any additional staff selected by the Chief Executive.

c) delegate to the Deputy Mayor and the Deputy Chair of the Budget Committee the power to make any required process decisions for the events, including Council representative attendance.

Comments

Background

7. Under the Local Government Act 2002, the council is required to follow the special consultative procedure to seek public feedback to inform the Long-term Plan 2015-2025 (LTP).

8. Council is committed to delivering the most accessible and representative LTP consultation process with Aucklanders to date. The aim of the consultation process is to:

a) improve public awareness and understanding of council’s LTP

b) seek Aucklanders views on the key issues, proposals and options for the LTP

c) meet statutory requirements for consultation on the LTP and related decisions

d) increase confidence in council processes and decision-making

9. Recent changes to the Local Government Act 2002 provide council with more flexibility in how it consults with Aucklanders. The recommended consultation process aligns to Council’s Significance and Engagement Policy and builds upon the successful operation of previous consultation processes. Some of the key changes proposed to support better engagement with Aucklanders include:

· increasing the public consultation period from one month to seven and a half weeks

· expanding the number of channels used to formally receive public feedback

· introducing spoken interaction events (which we are calling Have Your Say events) to replace the traditional LTP hearings

· moving away from writing individual letters to submitters about the final decisions made and instead preparing one quality report that will be made widely available.

10. Attachment A provides an overview of the relevant legislative changes.

11. The Council’s Long-term Plan (LTP) and Auckland Transport’s Regional Land Transport Plan (RLTP) are developed under a very similar timeline and cover largely the same transport issues. Rather than consulting with Aucklanders on the same issues at the same time, this year a single consultation process will be used to seek Aucklanders on transport and inform both the LTP and the RLTP. Auckland Transport staff have been working collaboratively with council staff to plan and deliver this integrated approach.

The LTP consultation process

12. There are four key phases to the consultation process:

· Phase One: Building Public Awareness

· Phase Two: Collecting Public Feedback

· Phase Three: Analysis and Advice

· Phase Four: Decision-making

13. Each of these four phases is discussed below. An end to end process diagram is provided in Attachment B.

Phase One: Building Public Awareness

14. Public awareness of the LTP will be raised through a communications campaign and through supporting engagement activity.

15. ShapeAuckland will act as the engagement hub for the LTP and will house the consultation document, supporting information, local information, feedback form and an educational budget calculator. Communications activities will raise awareness of the LTP and also point people to ShapeAuckland for more information.

16. Key elements of the communications campaign include:

· A Household Summary, including a feedback form will be delivered to every Auckland property (around 12 pages with an additional insert on proposals for the local area)

· Our Auckland articles and a 4-6 page promotion

· Advertising (print, radio, online) between 23 January and mid-March 2015

· Posters and flyers for libraries, service centres and local board offices, transport depots, buses and trains

· Auckland Conversations event (February 2015) – Transport focus

· Shape Auckland – ongoing updates, events pages, blog, social media, LTP video interviews with the Mayor and Stephen Town

· Media releases, monitoring and reactive media responses

17. Table One highlights LTP awareness building activities that will be delivered from January through to the end of February 2015 to target key audiences.

Table One: Activities to raise public awareness of the LTP

Audience	Activity
Audience	Activity
General Public	LTP Roadshows - This will involve promoting the LTP at a range of locations where large groups of Aucklanders congregate through either lunch time sessions or stalls supported by council staff. These locations include but are not limited to: · Large organisations such as banks, telecommunication companies, Fonterra, etc · Hospitals · Orientation week at tertiary institutions · Markets/Night markets · Shopping malls · Britomart and the Downtown ferry terminal Community events scheduled from January through to end of February such will be prioritized as opportunities to build awareness among Aucklanders. For example, including, but not limited to: · Waitangi Day events · Pasifika Festival · Music in Parks and Movies in Parks · Out and About: Art in the Park events
Communications to Key Audiences	Building awareness will also include communications to Key Stakeholders and/or visits to stakeholder groups including: · Transport related groups (incl Freight) · Arts related groups · Business groups/Associations · Ratepayers associations · Seniors · Disability groups · Sports and Recreation groups · Māori · Industry · Rural Council will also continue to collaborate with Advisory Panels to tailor the LTP consultation approach to specific audiences and to promote the LTP through their community networks. These advisory panels include Youth, Seniors, Disability Strategic, businesses, rural and ethnic.
Business	· Communications to key business stakeholders · Staff attendance at business industry events and meetings. E.g. Employers Manufacturing Association. · Council will also actively provide information to Business Improvement Districts/Business Association networks to ensure members of these organisations are informed about the issues and know how they can participate.
Maori	Tailored communications to maori Te Waka Angamua staff will also attend events such as Waitangi Day events.
Peoples Panel	Over 18,000 Aucklanders on the Peoples Panel will be communicated to about the LTP in their December and January monthly newsletters to ensure they are informed of the LTP issues, know where to go for more information and understand how they can participate.
Co governance / co-management entities	Tailored communications and staff attendance at meetings as appropriate

Phase Two: Collecting Public Feedback

18. The LTP Summary document will be delivered to Auckland households by 23 January which is when public consultation period begins. Public consultation runs until 16 March 2015.

19. The Summary will include a feedback form and a local insert setting out the priorities for the relevant area. It will also encourage Aucklanders to go online to read the consultation document and other supporting information or to complete an online feedback form. The Summary will also be available in the following languages online and in hard copy: Maori, Chinese, Samoan, Korean, Hindi and Tongan.

20. The table below summarises the different ways council will collect public feedback. Written feedback will be collected from 23 January to 16 March 2015, while the feedback events will take place between 14 February and 14 March 2015.

21. Table Two sets out the four broad feedback channels for LTP consultation. Feedback will be consistently collected and processed across all channels.

Table Two: Feedback channels for LTP consultation

Audience	Written feedback	In person		Digital engagement activities	Survey on transport options
		Have Your Say (HYS) events	Other community feedback events
General Public	All Aucklanders	25 events held across the region to capture verbal feedback on regional and local matters. Available to all Aucklanders.	Additional events with local communities on local issues (local board driven)	· Available to all, but specifically aims to engage youth and online communities · A weekly blog · 3 - 4 themed online forums	A survey of 5,000 Aucklanders will be undertaken on transport programme and funding options
Businesses and key stakeholders		· 1 key stakeholder event · 1 transport-focused event for key transport stakeholders
Maori		· 2 hui (west/central & south) · Interpreters will be available at any HYS event if required · Te Waka Angamua staff will attend all HYS events
Hard to reach audiences e.g. Youth/Seniors, People with disabilities, Ethnic & Pacific		· 4 events for hard to reach audiences	Local boards will target some of these groups through community networks
Co-governance / co-management		· Event focussed on Maunga Authority operational plan

Written feedback

22. The LTP feedback form is expected to be the primary mechanism Aucklanders use to provide their feedback on the LTP. Feedback forms will be attached as part of the Summary sent to all households, attached to the consultation document and available online, in libraries, service centres and local board offices.

23. Feedback forms can be submitted via freepost, email or completed online.

In person feedback

24. Public feedback will also be collected at a variety of LTP events scheduled from February 14^th to March 14^th. The primary purpose of these events is for council staff, elected members, AT board members or their delegates to listen to the views of Aucklanders. Staff will ensure public feedback is accurately recorded.

25. There are two types of events where Aucklanders can provide feedback in person - Have Your Say events (HYS) and local community feedback events.

Have Your Say (HYS) events

26. HYS events will hear public feedback on both local and regional matters. These events replace traditional hearings and will require strong attendance from the governing body, local boards and the Auckland Transport Board (or their delegates) so that the views of the public are heard by decision makers.

27. 34 HYS events are planned across the region, made up of the following events:

· 25 events across the region – at least one event in each local board area with two events scheduled in large geographic areas (Franklin and Rodney) and two in areas with high population (Henderson-Massey and Howick).

· six events will be tailored to meet the needs of specific audiences. These include:

o two events for Maori (west/central and south)

o one event tailored to reach each of the following hard to reach audiences –specifically people with disabilities, ethnic communities, pacific and seniors/youth.

· one event tailored for key stakeholders (including businesses)

· a dedicated Transport event will be held (invite only) to engage specifically with key transport stakeholders. This event will be strongly supported by the Auckland Transport Board. Feedback collected will support both the LTP and the RLTP.

· one event focused on Maunga Authority operational plan (attended by Maunga Authority members including Councillors on the Maunga Authority board)

28. The role of elected members (and delegates) at these events is to listen to the views of Aucklanders.

29. Each Have Your Say session will run for approximately two hours, however there could be more than one session held at an event depending on the number of people who register. Public feedback will be collected across three broad areas:

· The key LTP issues i.e. Balancing affordability with progress; Fixing transport, Your rates; a more active development role for the council..

· Local priorities and proposals

· Other regional matters (if provided)

30. A range of options are available for the structure and format of these events, with the most likely approach being forum-style hearings. This flexibility will enable events to be tailored to account for logistical variations in the number of Aucklanders who attend, what they would like to talk about, and the number and mix of elected members available.

31. To help manage this, Aucklanders will be asked to register their attendance for these events online through the Shape Auckland website. It would be at this point where they would request a sign interpreter or Māori interpreter if required.

32. To ensure there is fair representation of governing body members at each HYS event, to enable local board members to formally hear and have spoken interaction with the public on general LTP issues at HYS events, and to manage risk by ensuring there is a sufficient number of people able to formally hear from the public where there is large attendance at HYS events, we recommend that delegations are made to all councilors, local board members and staff to hear feedback.

33. Attachment C provides a draft Have Your Say Events Schedule. The events schedule will be confirmed shortly.

Additional community feedback events

34. Additional events may be set up by some local boards to support more tailored engagement on local issues in local board agreements. These will be supported by the Local Board Services department and will tend to focus on continuing ongoing engagement within the local community on local priorities. For example, these events may focus on engagement with migrant communities, young people, and community or business networks.

35. Public feedback will be recorded at these events. A feedback session is also planned with mana whenua.

Digital engagement activities

36. Shape Auckland will be the digital hub for the Long-term Plan communications and engagement campaign. There are a variety of ways in which digital and social media channels will be used to support the LTP communications campaign. In terms of specific activities to collect feedback, social media (including Twitter, Facebook and ShapeAuckland blogs) and digital initiatives will be delivered, including online forums and blogs:

a) Online forums: Council will deliver up to four online forums to provide Aucklanders with an opportunity to have their say. These forums will focus on the primary issues for consultation and occur at a pre-scheduled date and time. People would register to participate and each forum would be supported by a subject matter expert(s) from council. Feedback received will be recorded and analysed.

b) Blogs - One blog per week will be delivered and managed during the public consultation period. Shape Auckland content will also be shared through third party digital channels to extend the reach of our community engagement.

Survey on Transport options

37. A resolution by the governing body was made on the 27^th November 2014 to commission an independent statistically reliable quantitative survey to help inform choices about transport funding in relation to the LTP.

38. A quantitative survey of Auckland residents will be commissioned in early 2015 and will be completed by early April This survey will be based on a short 5 minute questionnaire that will be delivered to Aucklanders via telephone, online and by post. This hybrid approach will ensure the survey achieves maximum reach across the region which still being as cost efficient as possible.

39. Staff will work with the Chief Executive to finalise the survey questions and related matters prior to deployment of the survey in early 2015.

40. To ensure the survey sample is robust and statistically representative of the wider Auckland population, the sample size that is recommended for this survey is N=5000 Aucklanders randomly selected from across the region. At N =5000 the statistical margin of error on survey results at a regional level will be approximately +or - 1.4% at the 95% confidence interval.

41. An independent institution will be commissioned to conduct a comprehensive peer review of the technical end to end survey process in order to ensure alignment with best practice .

Reporting/deliverables will comprise of one report which will include analysis by key demographics and at local board level. The report will also provide a comprehensive description of the method used, research limitations and margins of error on sample sizes. This will be available by 16th April 2015.

Phase Three: Analysis and Advice

42. There are two stages within the analysis and advice phase:

i. capturing and coding feedback received across all channels

ii. analysis of all feedback and the development of briefings for decision-makers (at regional and local level).

Capturing and coding feedback received across all channels

43. Public feedback will be collected and processed from all channels:

· Written feedback received through feedback forms, emails, letters , etc. and proformas will be processed through the Feedback Management system by Democracy Services

· Feedback from Have Your Say Events will be collected by trained note-takers and processed through the Feedback Management System by Democracy Services

· Feedback from other community events will also collected by note takers and processed through the Feedback Management System by Democracy Services

44. Feedback from digital/social media will be collected and analysed by the social media team in Communications and Engagement.

45. All feedback will be coded and can be analysed by activity theme, local / regional issues and, wherever possible, by local board area.

Analysis of all feedback and the development of briefings for decision-makers.

46. Feedback from all channels will be analysed by a senior staff member responsible for a particular regional theme or local board. The following briefing reports will be developed, with each report providing a summary of the feedback received across each channel through consultation:

· Balancing affordability with progress (Financial Planning)

· Transport

· Rates and financial policies

· A more active development role for the council (Housing / development)

· Water Supply and Wastewater

· Parks, Community & Lifestyle

· Economic & Cultural Lifestyle – ATEED

· Economic & Cultural Lifestyle – RFA

· Auckland Development

· Environmental Management & Regulatory

· Governance – including Māori related and Maunga Authority

· One briefing for each local board.

47. Local board briefings will form part of the local board workshops/meetings between 15-23 April. Regional briefings will take place between 20-22 April.

Phase Four: Decision-making and closing the loop with Aucklanders

48. The Council has to make sure that people who provided views have access to a clear description of the LTP decisions, with explanatory material.

49. For this LTP we propose to prepare a transparent and informative report on the decisions made and how Aucklanders views were considered and make the report available on ShapeAuckland, as well as libraries, local board offices and service centres. The following methods will be used to ensure Aucklanders are aware the report is available:

· Emailing people who have participated in the process

· Social media

· Traditional advertising (e.g. Herald, local and ethnic newspapers)

· Council website.

50. A key stakeholder feedback session will also be held including Māori groups, providing an opportunity for key stakeholders to come and listen to why decisions were made and discuss any areas requiring clarification. In addition, a hui may be held with mana whenua.

Consideration

Local Board Views and Implications

51. The role of local boards in the public consultation process is an integral part of our approach. 25 Have Your Say events will be deployed across the region to collect feedback on regional and local issues to inform the Long Term Plan and the RLTP.

52. Local board members will support these events to hear the views of Aucklanders on local issues, supporting their role as decision makers on local activities and advocates for their communities.

53. Feedback provided by local board members on the design and implementation of the HYS events is that a strong presence from governing body members is vital for communities to feel that they have been heard by regional decision makers.

54. The advice and support provided by the Local Board Services department to tailor the HYS events will help ensure resonance of our approach with local communities. In addition, local boards are raising awareness and collecting feedback through other local community events and activities.

55. These aspects of our approach will ensure council reaches a wider range of Aucklanders across the region, and that regional and local briefing reports are better informed with views that represent the diverse communities of Auckland.

Māori Impact Statement

56. Council’s services and programmes, policies, plans, and bylaws directly impact Māori in a number of ways and it is important that they are enabled to feedback on the proposed Long-term Plan, RLTP and the future direction of Auckland.

57. In recognising that Auckland Council has a statutory obligation to enable Māori to participate in council decision-making processes, the Long-term plan consultation process allows for a specific approach to engage Māori including:

· To build awareness, Maori staff will attend community events e.g. Waitangi Day celebrations to raise awareness and explain information to Maori attendees where needed

· A list of Maori groups will be used to disseminate key communications and information about the LTP

· Two Have Your Say events (central/west and south) and three local drop in sessions have been organised to collect feedback. Te Waka Angamua staff will also attend all other HYS events to facilitate and capture feedback from Maori participants.

58. An important component is also feeding back to Māori on the outcomes of consultation. This will be achieved through a multi-channel approach which will include hui, in addition to tailored information disseminated through targeted communication channels.

General

Supporting engagement to meet Co-governance/co-management arrangements

59. There are a total of eight co-governance / co-management arrangements that Auckland Council is party to. The nature and funding obligations differ across these entities and a tailored engagement approach is proposed depending on the expectations articulated within each of the respective co-governance / co-management agreements or through relevant Treaty Settlement legislation. Table Three summarises the approach for each entity.

Table Three: Co-governance approach

Engagement approach	Co-governance / co management entities
Collaborate – Tailored engagement approach to fit with legislative requirement	Tūpuna Maunga ō Tāmaki Makaurau Authority (Maunga Authority) – See below.
Involve – Consider funding requirements as per legislative direction	Ngāti Whatua Ōrākei Reserves Board Parakai Recreation Reserves Board
Inform – Where there is no specific requirement for Council to provide funding	Mutukaroa Trust Board (Hamlins Hill) Te Motu a Hiaroa (Puketutu Island) Governance Trust Pukekiwiriki Paa Waiomanu Paa Kainga Pukaki Tapu o Poutukeka

Tūpuna Maunga o Tāmaki Makaurau Authority (Maunga Authority) - Annual Operational Plan

60. The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (the Act) requires the Maunga Authority and Auckland Council to agree an Annual Operational Plan. Section 60 of the Act sets out that engagement and decision making on the Tūpuna Maunga o Tāmaki Makaurau draft Annual Operational Plan must be included as part of the Council’s Annual Plan / Long Term Plan 2015-2025 (LTP) process and requires that the Maunga Authority and the Council jointly consider submissions relating to that part of the Council’s draft annual plan relating to the summary.

61. This is the first year that the Maunga Authority and Auckland Council have the opportunity to develop a process to address this requirement. In addition to the general LTP engagement, a feedback event is proposed specific to the draft Annual Operational Plan during the engagement period. Members of the Maunga Authority, Governing Body, key stakeholders and interest groups will be invited to attend.

Feedback received on the Annual Operational Plan will be summarised and reported back to the Maunga Authority and the council at a joint deliberations meeting in 2015. This will be an opportunity for the Maunga Authority and the council to jointly consider the feedback received on the draft Annual Operational Plan and consider officer recommendations in response to feedback. The council will make the final decision on the amount of funding allocated at the 7 May 2015 meeting.

Implementation Issues

Managing change

62. This is a new process and as a result there will be a high degree of change management required to ensure staff, elected members and Aucklanders are aware of how the new process will work. Table Four is a summary of the key risks identified and the approach to manage these risks is provided below.

Table Four: Summary of Risks and Mitigation Strategy

Risk	Mitigation strategy
High attendee numbers for HYS events	Additional sessions can be provided for and staff could look at additional events if required.
High volumes of inbound feedback requiring processing in the last few days of the consultation period putting pressure on internal processing and analysis capacity	Proactive planning and ability to scale up resource to respond to increases in demand
Ad hoc local community events driven by local boards that require support and generate feedback which will require processing	These events could be fully resources by Local Boards and Local Board Services
Potential for discussions at public consultation events to turn into debate as opposed to ‘hearing’ the views	Role of council staff at elected members is listening and responding to points of clarification.
Some key stakeholders miss their opportunity to provide feedback in person due to not being aware of the change to Have your Say events instead of hearings	Proactive communications to key stakeholders advising of the change in process. Schedule a ‘reserve’ Have Your Say event in the week after consultation

63. The approach to LTP consultation has been developed collaboratively with input from across Auckland Transport, Financial Planning Policy & Budgeting, Communications and Engagement, Democracy Services, Local Board Services and Legal Services. All areas will also be involved in ensuring the successful delivery of the process.

Total expected cost

64. The estimated cost to support the LTP consultation process is $1,157,500, which is made up of the following key components:

Table Five: Cost Estimate

Campaign / communication costs	$550,000
Consultation activity and events	$ 207,500
Processing feedback across all channels	$ 200,000
Estimated survey cost	$200,000
Total	$1,157,500

65. The estimated costs are driven by our approach and our overall communication and engagement objectives stated earlier in this document. This involves being as inclusive as possible and reaching Auckland’s diverse communities, which will in turn improve confidence in council decision making.

Attachments

No.	Title	Page
a View	Overview of the relevant changes to the Local Government Act 2002	27
b View	2015 Consultation Timeline	29
c View	Have Your Say events schedule 2015	31

Signatories

Authors

Kenneth Aiolupotea - Head of Market Research & Engagement

Tanya Stocks - Acting Programme Director - Annual Plan & Long-term Plan

Authorisers

Matthew Walker - Manager Financial Planning, Policy and Budgeting

Karl Ferguson - Communication & Engagement Director

Dean Kimpton – Chief Operating Officer, on behalf of Stephen Town - Chief Executive

Governing Body

18 December 2014

Off-street parking - discussion document and further interim delegation

File No.: CP2014/28968

Purpose

1. To approve a new policy for the management and pricing of council owned off-street carparking across the region and a further delegation to Auckland Transport (AT) to manage council off-street parking assets in line with this policy. The ratification of previous off-street carparking decisions is also sought.

Executive Summary

2. The recommendations in this report are necessary interim arrangements in advance of a comprehensive framework for the strategic and effective management of on-street carparking and council owned off-street carparking across the region being completed by the middle of next year.

3. Council (legislatively responsible for council controlled off-street carparking) and AT (legislatively responsible for on-street carparking) have been working in tandem towards this comprehensive framework.

4. Interim arrangements are needed because they will enable changes to off-street parking controls to be made without further delay. This will support council and AT objectives being progressed, and is considered necessary and prudent as occupancy levels are exceeding targeted thresholds in some council owned off-street carparks at present.

5. This report contains recommendations relating to:

· adoption of an Off-street Parking Price Adjustment Policy (the Off-street Policy) which is provided as Attachment A and Parking Triggers Table (the Triggers Table) which is provided as Attachment B

· a further interim delegation from council to AT to manage region-wide off-street carparking assets in line with the Off-street Policy and the Triggers Table

· ratification of historical AT off-street parking management and enforcement decisions.

Recommendation/s

That the Governing Body:

a) note that Auckland Transport has legislative responsibility for on-street parking and that Auckland Council is legislatively responsible for off-street parking, and council has delegated certain off-street parking powers to Auckland Transport.

b) note that Auckland Transport has engaged extensively with the community and local boards towards the completion of an integrated on and off street parking strategy which attracted 5,500 submissions. This process included a total of 21 workshops with local boards, resident and business groups and one with councillors.

c) note that on 25 November 2014 the Auckland Transport Board approved certain aspects of a Parking Discussion Document including the Off-street Parking Price Adjustment Policy and Parking Triggers Table.

d) approve the Off-Street Parking Price Adjustment Policy for the management of all council-owned off-street carparking assets across the region except those associated with community facilities.

e) approve the off-street and general policy aspects of the Parking Triggers Table for incorporation into the final parking strategy and for use as a guideline for changes to parking restrictions until the parking strategy is completed.

f) revoke and replace all existing delegations from Auckland Council to Auckland Transport in relation to the management and control of off-street parking facilities owned by the Auckland Council with this new delegation. Without limitation, this includes the following:

i) delegations from the Regional Development and Operations Committee:

· in relation to Dove-Myer Robinson, Pt Erin and Victoria Parks dated 16 August 2012;

· in relation to Council parks dated 14 March 2013;

· in relation to New Lynn town centre dated 14 March 2013;

· in relation to Anzac Street carpark dated 17 April 2013;

· in relation to Claris Airport dated 24 July 2013;

ii) delegation from the Council's Chief Executive in relation to off-street parking dated 31 January 2014

iii) delegation in relation to libraries and the Central Business District from the Regional Strategy and Policy Committee dated 3 July 2014.

g) delegate to Auckland Transport its responsibilities, duties and powers relating to the management and control of off-street parking facilities owned by the Auckland Council, including all regulatory and enforcement powers related to that function, as set out in the November 2014 Off-street Parking Delegation Terms, and also on the basis:

i) that Auckland Transport will actively engage with local boards and reflect their views and preferences in decisions relating to off-street parking charges and restrictions

ii) that this delegation takes effect immediately, remains in force until further decision by Auckland Council and may be reviewed or revoked by Auckland Council at any time.

h) note that the November 2014 Off-street Parking Delegation Terms require the delegation to be exercised in accordance with the Triggers Table. The Triggers Table has a cascading series of interventions with paid parking as a measure of last resort.

i) hereby ratify all decisions made and actions undertaken by or on behalf of Auckland Transport in relation to the management and control of off-street parking facilities owned by the Council, in the period from 1 November 2010 to 27 November 2014, including (without limitation) all regulatory and enforcement decisions.

Discussion

Responsibility for parking in Auckland

6. The Local Government (Auckland Council) Act 2009 (LGACA 2009) expressly provides that AT are responsible for on-street parking and council are responsible for council owned off-street parking.

7. LGACA 2009 also provides that council may delegate the control and management of council owned off-street parking to AT.

8. Responsibility for off-street parking controls within council sits with Governing Body (or its committees) because parking controls are a part of Auckland’s transport networks and infrastructure and are a regulatory matter.

9. Council and AT have been working in tandem to develop a comprehensive framework for the strategic and effective management of council owned carparking (on-street and off-street) across the region. The comprehensive framework is making progress towards final completion mid next year. This framework will replace legacy council mechanisms for on-street and off-street carparking management and once completed, will consist of:

· a strategy^{^[1]} for on-street and off-street carparking for the region, setting out the objectives for the best use of these publically owned assets under the control of the council group

· two bylaws that enable the setting and enforcement of carparking restrictions (an AT bylaw for the management of on-street carparking, and a council bylaw for the management of off-street carparking)

· the necessary delegations from council to AT in relation to the management, control and operation of off-street parking assets.

Bylaws allow parking restrictions to be made

10. Parking restrictions are able to be put in place by council or AT by adopting bylaws using the special consultative procedure.

11. LGACA 2009 provides that AT has responsibility for transport related bylaws but only in relation to roads (on-street parking). On 8 July 2012, the Board of AT adopted a traffic bylaw pursuant to section 22AB of the Land Transport Act 1998 to set requirements for parking and control of traffic on roads under the care, control or management of AT. This bylaw revoked and replaced the ‘road-related’ (on-street) parts of the legacy transport bylaws.

12. Council retains responsibility for bylaws controlling council owned off-street parking e.g. council owned carparks, library carparks, and carparks associated with community centres or recreation areas. Council has commenced the development and consultation on a traffic bylaw that will work in parallel with the AT Traffic Bylaw 2012. This will replace the off-street carparking provisions in legacy council bylaws when it is complete in mid-2015 (estimated adoption April or May).

Strategy supports bylaws

13. The content of bylaws are normally supported by strategic objectives from strategy or policy documents which have had public input.

Proposed new strategy

14. AT has been consulting with the public on future strategic parking objectives and approaches through the AT Draft Parking Discussion Document 2014 (the discussion document) (Attachment C). Feedback has been received and incorporated into the Off-street Policy and Triggers Table.

15. The objectives contained in the parking discussion document align with Auckland Plan and are listed in page 7 of the discussion document as follows:

a. “facilitate a transformational shift to public transport

b. support the economic development of the Auckland City Centre, metropolitan and town centres

c. prioritise the safe and efficient movement of people, services and goods on the road network

d. provide an outstanding customer experience at AT operated on and off-street facilities

e. support place-making, amenity and good urban design outcomes

f. ensure the efficient use of land in centres

g. ensure a fiscally responsible approach to providing, managing and pricing parking facilities and that benefits cover costs.”

16. The principles for the achievement of the above objectives that have been carried through into the new Off-street Policy are as follows:

a. “pricing policies should be consistent with the organisation’s strategic objectives by supporting visitation to the CBD, promoting public transport use, discouraging commuter trips at peak times and reducing congestion

b. prioritise short stay parking over long stay parking

c. use a consistent, simple, rules-based, transparent and data-driven approach for setting parking rates

d. use demand responsive pricing and charge the lowest rates possible to achieve occupancy targets

e. ensure the peak demand for short-term parking is met most of the time

f. use discounts to achieve strategic outcomes such as discouraging peak commuting and reducing congestion

g. use specific parking management measures during special events and short seasonal peaks such as school holidays”.

17. The Triggers Table sets out thresholds and interventions for changes to parking controls in off-street at-grade car parks and would form part of a final parking strategy.

18. The Off-street Policy and Triggers Table recognise that transitioning from an approach that focused on the commuter market to one that prioritises short-stay off-street parking is a significant policy change. The Off-street Policy sets out a methodology for setting prices so that short-term off-street parking is prioritised and commuter off-street parking prices are increased as off-street car parks become full. The Off-street Policy also proposes travel demand pricing to further discourage driving during peak traffic times.

19. In order for AT to respond effectively to manage off-street parking it will also be necessary to have the flexibility to change prices and customer products from time to time to ensure that AT and council transport objectives are best met. For example, the early bird and lease parking rates are considerably less than competitor rates and ratepayers are in effect subsidising the cost of commuter car travel into the city centre.

20. On 25 November 2014, after consultation with the public, and in anticipation of the finalisation of a final parking strategy, the board of AT approved the Off-street Policy and Triggers Table for all council owned off-street carparking buildings, and all council-owned at-grade off-street car parks across Auckland. This engagement process included a councillor workshop on 1 July 2014, and numerous local board, community and business group meetings. A summary of this feedback is provided as Attachment D.

21. In summary, the feedback shows:

· Support from the majority of key stakeholders (including Heart of the City and Waitemata Local Board) for prioritising short-term over commuter parking.

· Most local boards expressed opposition to the prospect of paid parking in their local town centres, although they support time restrictions as a management technique.

· Most local business associations opposed the extension of paid parking to their areas. However, the use of time restrictions rather than paid parking was generally supported.

22. Council adoption of the Off-street Policy is recommended. It would apply to all council owned off-street parking throughout the region, including libraries but not other community facilities (e.g. community halls and pools). Policy relating to community facilities will be looked at when a final parking strategy is considered.

23. Council adoption of both the off-street parking and general parking policy aspects of the Triggers Table is recommended.

Delegations

24. Prior to amalgamation, the transition Chief Executives of Auckland Council and AT signed a Memorandum of Understanding (MoU) which set out responsibilities for each organisation in relation to road activities. In the MoU, council agreed that AT would be generally responsible for council controlled off-street carparks (other than those specifically associated with other council facilities e.g. libraries and community centres).

25. In 2013 uncertainty arose as to whether the MoU effectively delegated off-street parking responsibilities from council to AT.

26. As a consequence, various delegations have been given by council to AT for off-street parking responsibilities as has been necessary to enable the effective management and operation of council owned off-street parking as part of the region wide parking network.

Delegations currently in place

27. Because of the wording of the residual legacy bylaws, and the provisions of the Land Transport Act 1998, there are currently some off-street parking matters that can be delegated by the Chief Executive, and some matters which cannot be delegated unless by a resolution of council.

28. The Auckland Council Chief Executive has previously delegated to AT powers and duties for the management and control of council owned off-street parking throughout Auckland except:

a. areas specifically dedicated to council facilities – e.g. libraries and community centres

b. the ability to change or set new restrictions or make changes to parking charges

c. the ability to enforce off-street parking in areas that require a council resolution to be delegated.

29. Auckland Council has, by resolution, also delegated certain off-street parking responsibilities to AT, namely:

a. the establishment and enforcement of restrictions in the carparks situated in local and regional parks (subject to a request from the Parks Manager after Local Board consultation). This does not include the ability to set charges

b. the enforcement of parking restrictions and a change to ‘pay and display’ at 40 Anzac Street, Takapuna

c. the enforcement of parking in the short-term and long term parking areas at Claris Airport

d. the establishment of restrictions and the ability to control and manage parking on council owned land and assets within the New Lynn Town Centre

e. a delegation to AT to set and enforce restrictions at community library off-street carparks in accordance with a protocol that requires the manager of the library to initiate the discussion on setting restrictions and also requires local board input

f. a delegation to AT for the management, control and enforcement of all off-street car parking which can only be delegated by a council resolution

g. a delegation to AT to implement the Central Business District (CBD) Price Adjustment Policy by adjusting prices in four inner city off-street car parks owned by council in accordance with the interim policy adopted on 3 July 2014^{^[2]}.

Delegations and ratification sought in this report

30. To consolidate the various existing delegations and to expand them to include wider powers to set charges and restrictions, this report recommends a further interim Auckland wide delegation to AT in relation to off-street parking. This requires resolution of council^{^[3]}.

Options

31. The following options for the further interim delegation have been considered:

· option A: Council could wait until the parking strategy is complete (potentially as early as December 2014) until the new broader delegation is given. This option is not recommended at it is not certain that the strategy will be complete by December, which would leave a number of assets exceeding occupancy targets for a longer time period (e.g. Matiatia and Kingsland town centre)

· option B: Council could wait until the strategy and council Traffic bylaw were complete in mid-2015 (estimated April/May). Whilst this option would mean less duplication (no need for a renewed delegation under the new bylaw) it would also leave a number of assets exceeding occupancy targets for a much longer time period. This option is therefore not recommended

· option C: (recommended) Council could approve the Off-street Policy and Triggers Table via this report (to be incorporated into the final strategy when it is complete); and delegate to AT the powers to implement those policies until both the strategy and council traffic bylaw have been put in place in mid-2015 (estimated April/May). This option is recommended as it allows AT to manage council assets in the most cost effective way and will relieve the pressure on assets that require changes to parking restrictions (e.g. Matiatia and Kingsland town centre).

32. Council and AT agree that the delegation does not include power to adopt parking policy for Council controlled off-street parking (because issues relating to responsibility for policy between council and AT are being resolved in the CCO Review).

33. AT are required to consult with affected parties regarding any changes to parking restrictions and charges, including actively engaging, seeking and having regard to the views and preferences of local boards.

34. In order to consolidate the numerous existing delegations, the recommended delegation will replace all previous delegations from council to AT in relation to off-street parking. This report also recommends revocation of the previous delegations. However, council and AT have agreed that if there were any particular locational conditions or limitations in the previous delegations, that these conditions or limitations would continue to apply in the new delegation. The details of the recommended delegation are in Attachment E.

35. The recommended delegation would remain in place until the comprehensive framework can be completed. When the parking strategy has been approved (potentially as early as December 2014), and a council Traffic Bylaw is adopted mid-2015, a final delegation will be recommended.

36. The delegations that have previously been given, and the proposed new (interim) delegation have effect prospectively. This means that there is a historical period of time (from amalgamation until the Auckland wide delegations in January 2014 and July 2014) where some AT off-street parking management and enforcement decisions may have been subject to challenge, but are presumptively valid.

37. In order to remove any doubt, and to retrospectively confirm that AT had all requisite authority at any appropriate historical time, this report recommends ratification of all previous AT off-street parking management and enforcement decisions .

Consideration

Local Board Views and Implications

38. Local board views and preferences have been sought on the parking discussion document alongside that of the general public. The feedback summary at Attachment D includes an overview of local board submissions received about off-street parking changes within the wider context for changes to on-street and off-street parking proposed in the discussion document. It outlines a range of local board views including:

· the need for more focused local consultation ahead of any changes to parking management in specific centres

· the need for the policy to be sufficiently flexible to take into account local circumstances and the differing needs of communities in different parts of Auckland

· most local boards expressing opposition to the prospect of paid parking in their local town centres, although they support time restrictions as a management technique.

39. Changes have been made to the Triggers Table as a result of this feedback by specifying additional interventions that should be used before shifting to charging for parking. These changes provide an effective response to the feedback received.

Māori Impact Statement

40. There are no particular impacts on Māori which are different from general users of the council owned off-street car parks.

General

41. Any surplus revenue generated from changes to off-street parking charges will be used to reduce the annual funding requirement from council. Under this interim delegation, council will continue to meet the costs of the setting the restrictions in local and regional parks, including signage.

Implementation Issues

42. Any surplus revenue generated from changes to off-street parking charges will be used to reduce the annual funding requirement from council. Under this interim delegation, council will continue to meet the costs of the setting the restrictions in local and regional parks, including signage.

Attachments

No.	Title	Page
a View	Off-street Price Adjustment Policy	41
b View	Parking Triggers Table	45
c View	Parking Discussion Document	47
d View	Discussion Document Feedback	107
e View	November 2014 Off-street parking delegation terms	111

Signatories

Author

Rose Leonard - Principal Advisor

Authorisers

John Bishop - Treasurer and Manager CCO Governance & External Partnerships

Kevin Ramsay - Chief Financial Officer

Stephen Town - Chief Executive

Governing Body

18 December 2014

Report of the Hearings Panel on the proposed Outdoor Fire Safety Bylaw 2014

File No.: CP2014/26809

Purpose

1. To obtain the approval of the Governing Body of Auckland Council, to adopt the new Auckland Council Outdoor Fire Safety Bylaw 2014 and to revoke four legacy bylaws relating to outdoor fires.

Executive Summary

2. Following public consultation and consideration of submissions relating to the proposed Outdoor Fire Safety Bylaw 2014, the hearings panel recommends the making of a new Outdoor Fire Safety Bylaw for Auckland that incorporates a number of amendments. The panel recommends that the legacy bylaws relating to outdoor fires be revoked.

3. On 28 August 2014, the governing body approved the proposed Outdoor Fire Safety Bylaw for public consultation (refer GB/2014/90). A total of 29 written submissions were received (including three late submissions) during the submissions period from 8 September to 8 October 2014. Five submitters made oral submissions at a public hearing held on 14 November 2014.

4. Matters raised in the submissions have been categorised into nine deliberation topics. For each of these topics a summary of comments made by the submitters has been provided, as well as a summary of the hearings panel’s recommendations.

5. On 24 November 2014, the hearings panel deliberated in public on the proposed Outdoor Fire Safety 2014 and, as a result of public submissions, recommends several changes to the proposed bylaw. Of particular note, the panel recommends amending the definitions for urban and rural areas, to ensure outdoor burning activities for land management purposes will continue to be permitted in areas that are rural in nature.

6. The amended bylaw that is proposed to be formally adopted by the governing body is attached to this report as Attachment A. Attachment B sets out a comparison of the notified version of the bylaw and the proposed changes recommended by the hearings panel.

7. The new bylaw is proposed to come into force from 20 December 2014 in time for summer when conditions significantly increase fire danger. The legacy bylaws will be revoked from 20 December 2014.

Table 1: Report contents

Section	Page
Purpose	1
Executive Summary	1
Recommendations	2
Background	3
Public Consultation	3
Deliberations	4
Deliberations Topic 1: Interpretation (clause 5)	4
Deliberations Topic 2: Outdoor fires in urban areas (clause 6)	5
Deliberations Topic 3: Outdoor fires in rural areas (clause 7)	5
Deliberations Topic 4: Conditions for lighting outdoor fires (clause 8)	6
Deliberations Topic 5: Total fire ban (clause 9)	6
Deliberations Topic 6: Live ash (clause 10)	7
Deliberations Topic 7 : Storage of combustible materials (clause 11)	7
Deliberations Topic 8: Fireworks and sky lanterns	7
Deliberations Topic 9: Other matters raised	8
Attachments	9

Recommendation/s

That the Governing Body adopt the following recommendations of the Hearings Panel on the proposed Outdoor Fire Safety Bylaw 2014:

a) confirm that pursuant to section 155 of the Local Government Act 2002, the proposed Outdoor Fire Safety Bylaw 2014 is the most appropriate way of addressing problems relating to outdoor fires and fire risk in Auckland, and that the proposed bylaw is the most appropriate form of bylaw and is not inconsistent with the New Zealand Bill of Rights Act 1990.

b) make the proposed Outdoor Fire Safety Bylaw 2014 (Attachment A to the agenda report) pursuant to section 145 and 146 of the Local Government Act 2002, with effect from 20 December 2014.

c) revoke the following legacy bylaws relating to outdoor fires in full with effect from 20 December 2014:

(i) Franklin District Council: Fires in the Open Air Bylaw 2008

(ii) Manukau City Council Consolidated Bylaw 2008: Chapter 15 Rural Fires

(iii) North Shore City Bylaw 2000: Part 14 Fire Prevention Involving Open Air Fires

(iv) Rodney District Council General Bylaw 1998: Chapter 3 Fires in the Open Air.

d) authorise the Manager Social Policy and Bylaws to make any minor edits or amendments to the Outdoor Fire Safety Bylaw 2014 to correct any identified errors or typographical edits or to reflect decisions made by the Governing Body.

Background

8. The Local Government (Auckland Transitional Provisions) Act 2010 requires Auckland Council (the council) to confirm, amend or revoke inherited bylaws relating to outdoor fires before 31 October 2015 in accordance with the Local Government Act 2002.

9. This review is part of the bylaw review programme that was originally endorsed by the Regulatory and Bylaws Committee in December 2010 (refer CP2010/00962) and February 2011 (refer CP2011/00453).

10. Auckland Council inherited four bylaws from the former legacy councils relating to outdoor fires. These bylaws are deemed to have been made by Auckland Council and remain in force in the areas in which they applied.

11. Staff undertook a review of the legacy bylaws to identify outdoor fire related issues in Auckland. Options to address the issues were also investigated. Following consultation with local boards, Māori and key stakeholders, a proposed Auckland Council Outdoor Fire Safety Bylaw 2014 was developed and presented to the Regulatory and Bylaws Committee to consider. In August 2014, the governing body approved the statement of proposal and proposed bylaw to be made publicly available for consultation (refer GB2014/90).

Statutory Requirements

12. The council has general bylaw making powers under section 145 of the Local Government 2002 to:

· protect the public from nuisance

· protect, promote and maintain public health and safety

· minimise the potential for offensive behaviour in public places

13. Additionally, the council has specific bylaw-making powers under section 146 of the Local Government Act 2002 for the purposes of preventing the spread of fires involving vegetation, subject to sections 20 to 22 of the Forest and Rural Fires Act 1977.

Public Consultation

14. The proposed bylaw was publicly notified on 8 September 2014 with a submissions period open until 8 October 2014.

15. Public notification included public notices in the New Zealand Herald, in several suburban newspapers and on the council’s website. All relevant documents, including the statement of proposal, summary of the proposal, frequently asked questions and a freepost submission form were made available on the council’s website and at libraries and service centres across Auckland. Twitter and Facebook were also used to inform the public of the proposal and to invite submissions.

16. A summary and a link to the full statement of proposal, including the proposed bylaw was also sent to stakeholder groups. These were:

· Approximately 1200 current and previous fire permit holders

· Approximately 100 Māori representatives

· Approximately 20 identified organisations/groups with a potential interest in the proposal

· Approximately 18 ethnic community groups and media

17. At the close of the submissions period on 8 October 2014, 26 submissions had been received. A further three submissions were received after the submissions period closed.

18. On 14 November 2014, two local boards and three individuals presented oral submissions to the hearings panel. The panel deliberated in public on 24 November 2014.

Deliberations

Deliberations Topic 1 - Interpretation (proposed clause 5)

Matters raised in submissions

19. There were seven submitters that commented on interpretations in the proposed bylaw. The interpretations that received comments were:

· Approved incinerator

· Urban areas

· Rural areas

· Large open air fire

20. Approved incinerators

Submitters 1 and 24 believed further information needed to be provided as to what would be considered an ‘approved incinerator’. Submitter 1 suggested including in the bylaw specifications about design, brand or model to distinguish what would be considered “approved”.

21. Urban areas and rural areas

Submitters 2, 5, 8, 13 and 14 opposed the proposed interpretation for urban areas. In general, submitters did not support the inclusion of the following zones in the definition of ‘urban areas’:

· Countryside Living

· Rural Conservation

· Rural and Coastal Settlements

22. These submitters considered the above zones to be rural in nature and therefore should be defined as ‘rural areas’. This would allow them to carry out some outdoor burning activities for the purpose of rural living and land management. Submitters requested the above zones be included in the definition for ‘rural areas’.

Zones that have been defined as an “urban area” in the proposed bylaw	Submitters who believe these zones should be treated as a “rural area”
Countryside Living	2, 5, 13, 14
Rural Conservation	2, 8
Rural and Coastal Settlements	2

23. Large open air fire

Submitter 8 opposed the proposed interpretation, requesting the dimensions specified should be doubled (i.e. 8 metres wide, 8 metres long and 4 metres high in overall size).

Hearings Panel deliberations

24. In response to submissions received, the hearings panel recommends amendments to the interpretation section of the proposed bylaw. In particular, the panel recommends the definition for ‘urban’ and ‘rural’ be redefined to reflect existing regulation under the Auckland Council Regional Plan: Air, Land and Water. The panel notes, this amendment should also be reflected in the Unitary Plan outdoor burning rules. This would mean, in areas that are essentially rural, outdoor fires for land management purposes will be allowed, subject to fire season requirements and general fire safety conditions included in the proposed bylaw.

25. The hearings panel recommends that the interpretation for approved incinerator be amended to provide clarity about what an ‘approved incinerator’ is expected to be. The interpretation has been expanded to include the necessary design requirements an approved incinerator must have so that it is not deemed to be a fire in the open air.

Deliberations Topic 2 - Outdoor fires in urban areas (proposed clause 6)

Matters raised in submissions

26. Submitters 7, 9, 14 and 21 commented on the proposed clause 6 that regulates outdoor fires in urban areas. Submitter 7 believes rules should be relaxed to allow outdoor burning in urban areas, including the ability to light bonfires for Guy Fawkes celebrations.

27. In contrast, submitters 9 and 21 believes regulation should be stronger in urban areas, suggesting all outdoor fires, excluding gas fuelled, should be required to have a permit in the urban area. The suggestion is to reduce noxious smoke caused by fireworks, traditional cooking fires and smokers used for cooking.

28. Submitter 14 believes they should be allowed to burn dead vegetation to keep their six acre property tidy.

29. Submitter 28 had a general concern the proposed bylaw might impact scout groups from lighting fires for celebration, cooking and fire safety teaching purposes in urban areas.

Hearings Panel deliberations

30. The panel’s recommendation to amend the definitions for ‘urban’ and ‘rural’ will provide the relief to submitters, in particular, the rural community. The panel recommends using the term ‘ethnic’ cooking fire instead of ‘traditional’ to ensure consistency with the proposed Unitary Plan terminology. The panel notes that the bylaw will not prohibit scout groups from continuing to use outdoor fires in urban areas, unless a total fire ban is in force.

Deliberations Topic 3 - Outdoor fires in rural areas (proposed clause 7)

Matters raised in submissions

31. Submitter 10 opposed the proposed requirement to get approval from the council to use an incinerator in a restricted fire season. The submitter considered the proposed requirement onerous and unnecessary when resource consent is already required to undertake incineration activities.

32. Submitter 25 does not support allowing incinerators to be used in rural areas. The submitter believes more appropriate means of waste disposal is available and burning is unnecessary.

33. Submitter 28 had a general concern the proposed bylaw would impact scout groups from lighting fires for celebration, cooking and fire safety teaching purposes in rural areas.

Hearings Panel deliberations

34. The panel notes that the recommended amendment to the interpretation of ‘approved incinerator’, as recommended under Topic 1 above, clarifies the expectation of what an approved incinerator must contain to prevent the spread of fire.

35. The panel notes the bylaw will not prohibit scout groups from continuing to use outdoor fires in rural areas, unless a total fire ban is in force.

Deliberations Topic 4 - Conditions for lighting outdoor fires (proposed clause 8)

Matters raised in submissions

36. Submitters 8, 10, 20 and 29 commented on the proposed clause 8 that requires specific conditions to be met when lighting an outdoor fire in any area at all times.

37. Submitters 8, 10 and 29 opposed the following proposed requirements:

· having to maintain adequate supervision at all times

· restriction on lighting fires between sunset and sunrise

· requirement to notify the council three working days before a large open fire is lit

38. The submitters made the following suggestions to address their concerns:

· redefine ‘adequate supervision’ and clarify that supervision is not required constantly

· recognise outdoor fires can remain alight between sunset and sunrise, as burning can continue for several days

· add words “at least” before ‘three working days’ to recognise conditions can change which could delay the lighting of an outdoor fire

· amend clause 8(3) to read: “any person who intend on lighting a large open air fire during an open fire season in a rural area must notify the Fire Service before the fire is lit”

39. Submitter 20 commented on the term ‘nuisance’ in reference to smoke or ash nuisance and considered the term could instigate an increased number of complaints to the council that are subjective and unnecessary.

40. Submitter 29 believes the requirements in clause 8, in particular clause 8(1)(c) and (e) cannot be complied with when lighting fireworks, such as a sky rocket.

Hearings Panel deliberations

41. The hearings panel recommends the general fire safety conditions are maintained with some wording refinement to provide clarity and to improve consistency with the proposed Unitary Plan outdoor burning rules.

42. The panel recommends a new clause to clarify outdoor fires (excluding fireworks and outdoor fires contained within outdoor fire devices) must not be lit between sunset and sunrise, but would be able to remain alight between the hours of sunset and sunrise.

43. The panel recommend removing the requirement relating to large fires in the open air in rural areas, noting this will be included in the Auckland Council Rural Fire Plan.

Deliberations Topic 5 - Total fire ban (proposed clause 9)

Matters raised in submissions

44. Submitters 3, 12, 16, 18, 19, 20, 22, 26 and 27 commented on the proposal relating to the council’s ability to impose a total fire ban in any parts of Auckland during extreme fire hazard, allowing only gas-fuelled outdoor fires.

45. Submitters 12, 16, 18, 19, 20, 22 and 26 opposed the proposed clause because they believe the use of solid-fuel barbeques, pizza ovens and outside baking ovens should be allowed to be used in a total fire ban. Submitter 16 suggested the following amendment: 9(2) A person must not light, or allow to be lit, any outdoor fire where a total fire ban is in place, except for a:

(a) a fire that is contained within an outdoor fire device fuelled by gas;

(b) an approved designed wood fired pizza oven.

46. Submitter 27 did not believe there should be any exemptions given in a total fire ban.

47. Submitter 3 supported clarity provided by the proposed bylaw in regards to total fire bans.

Hearings Panel deliberations

48. In response to submissions received, the hearings panel recommends that outdoor fires contained within an outdoor fire device e.g. in a pizza oven or outdoor fireplace, may be able to be used in a total fire ban, provided all embers and sparks are contained.

Deliberations Topic 6 - Live ash (proposed clause 10)

Matters raised in submissions

49. Submitters 8 and 10 considered the proposed requirement set out in clause 10 would be impractical, as live ash forms part of an outdoor fire. Both submitters considered the proposed clause should be amended to allow live ash to be left unattended, when it forms part of an outdoor fire. Submitter 10 suggested adding an additional subclause:

(c) in a rural area during an open fire season there is a 3 metre wide un-vegetated area surrounding the ash, cinders or embers and there is no change in the wide direction.

Hearings Panel deliberations

50. In response to submissions received, the hearings panel recommends the words ‘leave unattended’ are deleted from the clause, to clarify the intent of the clause is to mitigate the improper disposal of live ash, which has been known to cause fires in Auckland.

Deliberations Topic 7 - Storage of combustible materials (proposed clause 11)

Matters raised in submissions

51. Submitter 1 outlined that they would support extending the proposed clause 11 to include combustible materials that accumulates on properties rather than being deliberately stored, such as rubbish and vegetation.

Hearings Panel deliberations

52. The panel recommends minor wording refinement.

Deliberation Topic 8 - Fireworks/sky lanterns

Matters raised in submissions

53. Submitters 1, 9, 21, 23, 27 and 29 commented on how the proposed bylaw applied to fireworks and/or sky lanterns.

54. Submitters 1, 9, 21, 27 and 29 considered there is a need for greater regulation required for fireworks through the bylaw, to reduce nuisance, fire risk and impacts on air quality. Submitter 29 believes fireworks should be restricted to public displays where adequate control and fire suppression can be demonstrated.

55. Submitter 23 opposed the proposal to ban the use of sky lanterns and does not agree sky lanterns pose a fire risk. The submitter considers education is a more appropriate method to address the issue and provided educational safety guidelines for using sky lanterns in their submission.

56. Submitter 27 supported the proposal to ban the use of sky lanterns.

Hearings Panel deliberations

57. The panel notes that the proposed bylaw does not explicitly prohibit the use of sky lanterns but rather requires outdoor fires to meet all general fire safety conditions specified in clause 8. The panel notes, that when sky lanterns are lit and left to float away, a person is unable to adequately supervise the fire at all times and could become a fire hazard. The panel notes that sky lanterns could be used if the lantern is fixed and is not left to float away.

Deliberation Topic 9 - Other matters raised

Matters raised in submissions

58. Submissions were also received on the following topics:

· Materials that can/cannot be burnt

· Fire permits

· Education

· Enforcement

· Transitional provisions

59. Materials that can/cannot be burnt

Submitters 1 and 25 believe the proposed bylaw should be explicit about what types of materials can/cannot be burnt. Submitter 1 suggested an explanatory note be included in the bylaw to reflect existing regulation of what cannot be burnt. Submitter 1 also recognised that while cooking, heating and ambience fires are generally allowed, these fires can still create smoke nuisance due to poor combustion design or when wet wood or poor fuel is used. The submitter believes the proposed bylaw should reflect this.

60. Fire permits

Submitters 1, 3, 4 and 24 commented on the issuing of fire permits. Submitter 1 does not support charging a person when issuing a fire permit. Submitter 3 did not support any changes that would require a fire permit to be obtained for occasional burning of dead vegetation (pruning) outside of a total fire ban. Submitter 24 believed the issuing of fire permits should be flexible e.g. issued monthly as opposed to a single burn-off.

Submitter 4 believed the New Zealand Fire Service should be responsible for issuing fire permits. The submitter also outlined previous difficulties with contacting the fire service during a restricted fire season.

61. Education

Several submitters believed greater education about outdoor fire safety and outdoor burning is required to raise public awareness.

62. Enforcement

Several submitters commented on enforcement in relation to the proposed bylaw and/or existing regulation. Submitter 1 believes instant fines would enhance enforcement. Submitter 1 also believes the New Zealand Fire Service should be able to recover costs for extinguishing illegal fires. Submitters 9 and 21 also supported enhanced enforcement, when dealing with complaints. Submitter 25 believed the existing rules are not being enforced enough.

63. Transitional provisions

Submitter 1 commented on clause 16 (3)(b) that outlines the proposed process for managing any previous approvals. The submitter considers there could be potential difficulties in processing an approval under a legacy bylaw and the new bylaw, if the provisions are conflicting.

Hearings Panel deliberations

64. The panel recommends minor wording refinement to clarify the council’s expectation in processing applications whilst transitioning from the legacy council bylaws to the new bylaw.

65. The panel recommends an additional exemption clause be included in the bylaw to enable the Principal Rural Fire Officer, as the delegated authority, to consider exemptions to the bylaw at his/her discretion.

66. The panel recommends inclusion of explanatory notes that provide clarity about outdoor fire regulation or policy that may be covered in other council documents such as the Rural Fire Plan and Unitary Plan.

67. The panel notes fire permits are currently issued free of charge in the Rural Fire District by Auckland Council. While the proposed bylaw enables the council to charge for issuing fire permits, there is no proposal to introduce charging.

Attachments

No.	Title	Page
a View	Attachment A: Proposed Outdoor Fire Safety Bylaw 2014	123
b View	Attachment B: Recommended changes to the proposed Outdoor Fire Safety Bylaw 2014	137

Signatories

Author	Councillor Bill Cashmore – Hearings Panel Chair
Authoriser	Stephen Town - Chief Executive

[1] The final name of the strategy document is not yet decided.

[2] On 3 June 2014, the Regional Strategy and Policy committee of council adopted as an interim measure, the Price Adjustment Policy for Council Owned Off-street Parking in the Central Business District (Downtown, Victoria Street, Fanshawe Street and the Civic carparks) until the discussion document could be finalised into a strategy. The CBD Price Adjustment Policy adopted by committee is almost identical to the Off-Street Price Adjustment Policy recommended for adoption in this report. The differences are not substantive.

[3] Refer to paragraph 27 for an explanation of why some matters require a Council resolution.

Mayor	Len Brown, JP
Deputy Mayor	Penny Hulse
Councillors	Cr Anae Arthur Anae	Cr Dick Quax
	Cr Cameron Brewer	Cr Sharon Stewart, QSM
	Cr Dr Cathy Casey	Cr Sir John Walker, KNZM, CBE
	Cr Bill Cashmore	Cr Wayne Walker
	Cr Ross Clow	Cr John Watson
	Cr Linda Cooper, JP	Cr Penny Webster
	Cr Chris Darby	Cr George Wood, CNZM
	Cr Alf Filipaina
	Cr Hon Christine Fletcher, QSO
	Cr Denise Krum
	Cr Mike Lee
	Cr Calum Penrose

Author	Jaimee Maha - Democracy Advisor
Authoriser	Stephen Town - Chief Executive