Agenda of Regional Strategy and Policy Committee

Regional Strategy and Policy Committee

04 December 2014

Queens Wharf Public Arts Commission

File No.: CP2014/27237

Purpose

1. To advise committee members of the details of the Queens Wharf public art commission project (“the Parekowhai Lighthouse”) including location, timeline and progress, project costs and financing, and to provide confirmation of approvals given to date.

Executive Summary

2. The Chair of the Arts, Culture and Events (ACE) Committee requested a committee update on the Queens Wharf public art commission before the end of 2014. There are no further ACE Committee meetings this calendar year, therefore this update is presented to the Regional Strategy and Policy (RSP) Committee for consideration.

3. The Queens Wharf public art commission project was formally announced in March 2013, by the Mayor and Barfoot and Thompson as part of their gift to Auckland. The commission represents a record level of investment and support by the local private sector for art in Auckland’s public spaces. It is the largest Michael Parekowhai commission to date in New Zealand and one of the largest monetary gifts for a single public artwork in New Zealand’s history.

4. The artwork (referred to as the Lighthouse) will be located at the north end of Queens Wharf. The site location was confirmed in discussions with Waterfront Auckland (WA), Auckland Council staff and the Mayor’s Office in partnership with the donor Barfoot and Thompson. The brief for the artwork was site specific to the wharf.

5. The Lighthouse can accommodate any future changes to Queens Wharf that may result from implementation of the central wharves and vessel berthage strategy.

6. The Lighthouse is currently at developed design stage with the artist mapping likely component parts and structural layout of the chandelier.

7. Subject to final production agreements, the Lighthouse is expected to be unveiled in mid-2016.

8. The project budget is $1.5 million. Barfoot and Thompson have donated $1 million and the council and WA are exploring options for further contributions from other parties. The balance of costs will be met from council’s public art capex budget. Any further voluntary contributions, over and above the donation from Barfoot and Thompson, will reduce the council’s funding requirement. The project has incurred $90,000 in costs to date, and a further $160,000 is committed.

9. The project is regularly reported to the ACE Committee, Waitematā Local Board and WA Board. All decisions to date have been within delegated authority and consistent with the council’s Public Art Policy objectives.

Recommendation

That the Regional Strategy and Policy Committee:

a) receive the Queens Whart Public Arts Commission report.

Discussion

Context

10. Councillors and Waitematā local board members were invited to a site tour on 23 October 2014 to receive an update on the Lighthouse, from council and Waterfront Auckland staff. During that visit, the ACE Chair asked staff to provide a committee update by the end of 2014. As there are no further ACE Committee meetings this calendar year, this update is presented to the RSP Committee for its information.

11. Additional information is provided in this paper for the benefit of committee members who are not members of ACE.

Background

12. On 9 March 2013, Barfoot and Thompson announced a $2 million gift to Auckland. The donation comprised a $1 million contribution to commission a major new art work by Michael Parekowhai, $500,000 to the Holy Trinity Cathedral refurbishment project and $500,000 to Starship Children’s Hospital.

13. Mr Parekowhai’s conceptual design is to create a lighthouse for Queens Wharf in the form of an ordinary domestic New Zealand home. Filling the interior of the lighthouse is a hand-blown glass chandelier of native flowers, birds and insects. The intent is that the lighthouse signals a safe harbour and a welcome to all people. It embodies the Māori values of Manaakitanga (visitors are welcome in New Zealand Aotearoa), and Ahi kā (the home fires are burning).

14. Mr Parekowhai is a respected New Zealand artist with the reputation and capability to create a work of scale for such a public and challenging site. Mr Parekowhai is currently a professor of fine arts at Auckland University and is an accomplished and internationally regarded artist.

Location

15. The Lighthouse will be located at the northern end of Queens Wharf. The site will present a strong visual presence for visitors as well as the increasing numbers of Aucklanders participating in activities on Queens Wharf. This location has been agreed by WA.

16. The brief for the artwork was site specific to Queens Wharf. The brief was also written to help achieve the Waterfront Plan objectives for Queens Wharf, and reflects the purposes of the public acquisition of Queens Wharf ‘to develop an impressive public open space that reflects New Zealand’s culture and heritage and express the identity of Auckland and New Zealand’.

17. The Lighthouse has been designed in such a way that it could be relocated further along Queens Wharf, should the need arise in the future. It will be designed to accommodate the outcomes of the Downtown Framework including the central wharves and vessel berthage strategy. The central wharves strategy has highlighted potential changes to Queens Wharf, including possible extension. The Downtown Framework was approved by the council’s Auckland Development Committee on 11 September 2014.

Timeline and Production

18. The Lighthouse is scheduled to be unveiled in mid-2016.

19. The artwork consists of an exterior structure and interior sculpture. The exterior concept is relatively well publicised and consists of a replica of an ordinary New Zealand home. The interior consists of an intricate glasswork chandelier.

20. Developed design of the house structure, which will house the chandelier, is complete. The detailed design phase which will produce documentation for the building consent/construction stage is underway and will be completed April 2015.

21. Developed design of the chandelier is progressing and is due to be complete in February 2015. The design of the chandelier follows the design intent of traditional Venetian chandeliers although the overall shape is inverted so that the final form will be in the shape of a tear drop. The glass components will be of the same manufacturing form in scale as traditional Venetian chandeliers. The chandelier will be made up of a series of approximately 92 individual gardens, comprising unique New Zealand features such as kowhai flowers, flax leaves and wetas.

22. The design of the chandelier is being progressed on the basis of each individual piece and its design relationship to every other individual component. These components are then mapped for assembly into the complete, integrated design. As part of developed design a digital render of the chandelier is being produced and will form part of the tender documentation.

23. During the period of June to October 2014, analysis has been undertaken of potential suppliers who can make the chandelier. This has involved discussions and sampling with a number of manufacturers based in New Zealand, Europe, and USA who would be qualified to tender for this work. Four potential suppliers have been identified and staff are confirming interest from each in participating in the procurement process.

24. Tender documents will be issued in February 2015 with submissions requiring price, programme and specific samples of manufacturing capability. Tenders will be evaluated on these criteria with the preference for New Zealand production, if possible, also being taken into consideration.

25. The following are the key programme milestones:

February 2015 Issue chandelier tender documents

March 2015 Lodge resource consent application

May 2015 Engage chandelier manufacturer

May 2015 Lodge building consent application

June 2015 Issue house tender documents

August 2015 Engage house construction contractor

June 2016 Artwork installation

June 2016 Artwork completion

Project Costs and Financing

26. The cost of producing the artwork is $1.5 million. Barfoot and Thompson have donated $1 million, and the remainder is funded from council’s public art capex budget. The intention is that council’s contribution will be reduced if in-kind or other funding support is identified. Council and Waterfront Auckland (WA) are exploring options for further contributions from other parties. It is hoped that much of the cost will be funded through voluntary donations.

27. The project has incurred costs of $90,000 to date and an additional $160,000 is also committed. These costs include the payments to the artist for contractual milestones such as acceptance of concept design, stages of developed design and research into production capability in New Zealand and offshore as well as project management costs.

28. The $1million Barfoot and Thompson funding of the work has been received by WA. The council’s public art team is assisting in value management and overseeing the creative, fabrication and installation processes in partnership with Mr Parekowhai. The contract with the artist is being managed by WA. Upon completion, the artwork will become part of the Auckland Council Public Art Collection. Ongoing maintenance and operational matters and expenses will be dealt with as part of the collection.

Processes to Date

29. Given the heightened interest in the artwork, it would be helpful to restate to committee members the key steps, decisions and approvals to date.

30. On 8 March 2013, the Mayor wrote to Barfoot and Thompson and accepted the company’s gift on behalf of Auckland, identified Mr Parekowhai as the preferred artist, committed the site of Queen’s Wharf for the commission, acknowledged the support of the WA Board Chairman to work through landowner approval, and undertook that council would work with other potential funding sources to deliver a work of sufficient scale for the wharf.

31. On 2 September 2013, the council’s chief executive and chief operating officer approved expenditure of up to $0.5 million to support the project. Funding was provided from uncommitted public art capex from the Community Development Arts and Culture (CDAC) budget and the decision was within delegated financial authority and required no new funding decisions from councillors.

32. Auckland Council’s Public Art Policy was adopted by the Regional Development and Operations Committee (RDOC) on 19 September 2013. The policy requires the governing body (or a committee with delegated authority) to make decisions about regional public works of art. Decisions relating to the location and costs of the Lighthouse were made before the Public Art Policy was adopted but are consistent with the policy’s objectives on gift acceptance and development.

33. On 12 February 2014, the ACE Committee received an update specifically on the project and a further update was provided to the committee on 3 April 2014 on the proposal, site and concept.

34. A workshop was held on 12 May 2014 for councillors, and then with the Waitematā Local Board on 15 and 28 May 2015. Staff presented the concept outline and proposed budget, and outlined the project’s proposed timeline. WA presented an update on the Waterfront Auckland, Queens Wharf plan.

35. The project had been raised prior to this with the Waitematā Local Board in 2013, firstly during a workshop on 21 May 2013 to discuss CDAC’s draft work programme, and then on 11 June 2013 when the CDAC work programme, which included the Parekowhai Lighthouse, was approved. Regular project updates have been provided to the local board portfolio holder since that time.

36. Project updates have also been regularly provided to the Waterfront Auckland Planning and Design Committee and WA Board.

37. On 18 June 2014 a full report was presented to the ACE Committee, and as a result the committee resolved to:

i. delegate authority to staff to complete the planning, detailed design, development and delivery of the Queens Wharf public art commission by Michael Parekowhai

ii. noted that this art work will be a regionally significant work that will form part of Auckland Council’s public art collection

iii. noted that fundraising efforts will continue to secure additional private sector funding and cost efficiencies will be sought to minimise council’s investment

iv. noted that a memorandum outlining the production location(s) for the chandelier will be prepared for the Arts, Culture and Events Committee, following due diligence.

Resolution number ART/2014/25

38. The public art work programme for 2014/15 was formally tabled and adopted by the ACE Committee on 18 June 2014. The Queens Wharf commission was included in the adopted work programme with the delegated budget allocation of up to $500,000.

Consideration

Local Board Views and Implications

39. The Waitematā Local Board have been engaged in the project since May 2013. Workshops and portfolio updates have been held with the board and the board have been invited to all ACE committee briefings, workshops and meetings.

40. The board support the involvement of New Zealand artists in the design and development of the chandelier, and support the use of the project to leverage artist training and mentorship opportunities.

41. The board has stressed the importance of considering this proposal alongside other proposals and plans for Queens Wharf and its vicinity (such as Queen Elizabeth II Square, Quay Street, City Rail Link). Some board members question the concept’s fit with Queens Wharf, noting that the site demands an artwork that better matches its significance, and noted concern that the artwork will impede sightlines to the water. WA has approved the site and has completed due diligence on the proposed site.

42. The Waitemata Local Board joined the 23 October 2014 site visit.

Maori Impact Statement

43. The Public Art policy calls for works of art for our shared public places to increasingly give expression to Māori stories and enfold Mātauranga Māori. This commission is a key project in the council’s public art work programme that delivers on this objective. The proposed work embraces the Māori values of Ahi kā and Manaakitanga. To be located on a New Zealand point of entry, the work would mean that visitors and commuters by sea would be greeted with Te Ao Māori values.

44. The Auckland Plan highlights our Māori culture as core to what distinguishes us from other cities in the world. This is complimented by the goals for Maori arts and culture within The Māori Plan for Tāmaki Makaurau. In addition, The Auckland Plan, Arts and Culture (chapter 3) priorities include: ‘valuing and fostering Auckland’s cultural diversity, and activity/investment that values our artists our creative sector and our cultural institutions.’

45. Mr Parekowhai is a pre-eminent Mātāwaka artist who is a professor at Auckland University’s Elam School of Fine Arts. The Queens Wharf commission is a high profile commission and a significant gift to the city, and will demonstrate council’s commitment to investment in high calibre works by Māori and mātāwaka artists.

Implementation Issues

46. As noted above the following are the key programme milestones;

February 2015 Issue chandelier tender documents

March 2015 Lodge resource consent application

May 2015 Engage chandelier manufacturer

May 2015 Lodge building consent application

June 2015 Issue house tender documents

August 2015 Engage house construction contractor

June 2016 Artwork installation

June 2016 Artwork completion

Attachments

There are no attachments for this report.

Signatories

Authors

Kaye Glamuzina - Manager Arts and Culture

Claire Richardson - Manager COO Support

Authorisers

Dean Kimpton - Chief Operating Officer

Regional Strategy and Policy Committee

04 December 2014

Final Community Grants Policy for adoption

File No.: CP2014/20641

Purpose

1. To update the Regional Strategy and Policy Committee on the outcome of formal local board engagement and public consultation on the Draft Community Grants Policy, and present the revised (Final) Community Grants Policy for adoption.

Executive summary

2. A new Community Grants Policy (Attachment A) 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.

3. In July 2014, the Regional Strategy and Policy Committee (the RSP Committee) endorsed a draft Community Grants Policy (CGP) for public consultation and local board engagement. Public consultation took place during July and August 2014. Staff attended local board workshops over the same period to present the draft policy and support the provision of formal local board feedback during September and October. A summary of this activity is provided in the report.

4. On the whole, local boards are supportive of the CGP with the majority formally resolving that they endorse it as a regional framework. Many noted the ability it provides them to customise their own local grants programme to deliver local board plan outcomes. Local boards will now work with operational staff to finalise the details of each local grants programme with the key aspects of these to be individually adopted by local boards as schedules to the final policy. Staff will also support boards to establish new multi-board grants programmes where there is a desire to work together to jointly fund outcomes across multiple local board areas. Local board resolutions on the draft policy are collated in Attachment B.

5. Public feedback on the draft policy was largely positive, with a number of submitters acknowledging the increased simplicity and clarity of the new grants programmes, the focus on outcomes and the strong commitment to fairness and transparency.

6. The final CGP has been amended to reflect feedback received during the consultation and engagement phase. The main themes arising from the consultation and the corresponding policy revisions are summarised in this report, and outlined in more detail in Attachment C.

7. The new grants programmes will replace the interim community funding programme from 1 July 2015. A list of the legacy grants schemes that will cease to operate is provided as Attachment D. Confirmation of the new policy approach and next steps for future funding applicants will be communicated to the public and all affected parties following the RSP Committee’s decision.

8. If the new CGP is adopted, an implementation planning phase led by the Operations Division will run from December 2014 to June 2015. Feedback received through the consultation and engagement phase that relates to implementation and ongoing operational matters has been shared with the staff responsible for delivering the new grants programme.

9. The CGP will be implemented within the context of the new Long-term Plan 2015-2025 (LTP) and the Local Board Funding Policy (LBFP). The CGP can be delivered within the draft LTP funding envelope, including a base level of service for the provision of grants administration and advice.

10. When the RSP Committee endorsed the draft CGP for consultation in July 2014, staff signalled that additional funding may be needed at the regional level. The RSP Committee resolutions noted that a proposal for up to $2 million per annum of additional investment to support implementation of the CGP would be considered through the Long-term Plan 2015-2025 process (REG/2014/85).

11. In August 2014 the Mayor’s Long-term Plan 2015-2025 (LTP) Proposal outlined an overall reduction in the funding envelope for the Parks, Community and Lifestyle (PCL) theme, while also signalling a move away from direct delivery by the council in favour of greater support for community-led activity.

12. In response to the Mayoral direction, staff from Community Development, Arts and Culture are reviewing the council’s model for funding and delivering community development with a view to supporting more community-led activity at the local level and deploying more budget and resources to local boards for this purpose. Given these drivers, the review does not consider redirecting budget to increase funding for regional grants.

13. On 5 November the Budget Committee agreed draft LTP budgets for consultation, and the draft budget for the PCL theme does not include any additional funding for regional grants above 2014/2015 funding levels. Given this decision, any proposal for additional funding would now need to be considered by the Budget Committee in May 2015.

14. If the RSP Committee wishes to pursue additional funding for regional grants, staff would prepare options and advice for consideration by the Budget Committee as part of their final decision-making on the LTP in May 2015.

15. If regional grants budgets are not increased above 2014/2015 funding levels in the final LTP, staff will look at options for implementing the CGP within agreed LTP budgets and report these to the RSP Committee by June 2015.

Recommendations

That the Regional Strategy and Policy Committee:

a) adopt the Community Grants Policy for implementation from 1 July 2015

b) determine if it wishes to pursue additional funding for regional grants and if so, direct staff to prepare options and advice for consideration by the Budget Committee in May 2015 as part of final Long-term Plan decisions

c) note that the Operations Division will lead the implementation of the Community Grants Policy, including working with local boards and relevant governing body committees on confirming priorities, scheme structures and assessment criteria

d) note that all in-scope legacy grants schemes operated by Auckland Council will cease to operate from 1 July 2015, although any grants already allocated through these schemes will not be affected.

Comments

16. A new Community Grants Policy (Attachment A) 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. The new Community Grants Policy (CGP) covers grants for community development, arts and culture, events, sport and recreation, environment and heritage, and includes:

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

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

Public consultation on the CGP

17. In July 2014, the Regional Strategy and Policy Committee (the RSP Committee) endorsed a draft CGP for public consultation and local board engagement.

18. Public consultation was undertaken from 14 July – 10 August 17, 2014 and included:

· Five community workshops delivered in locations around Auckland (Rodney, north, central, west and south)

· Two mataawaka hui (west and south) and presentations to two mana whenua hui (north and south)

· Provision of information and an online survey via ‘Shape Auckland’ and a dedicated webpage on the Auckland Council website

· Distribution of hard-copy information packs, fliers and surveys at all Auckland Council service centres, community centres, local board offices and libraries.

19. A more detailed outline of public consultation-related activity is provided as Attachment E.

20. A total of 74 written submissions were received on the draft CGP, with the majority of responses received from community and sector organisations. Survey respondents were invited to answer some standard questions to gauge an overall level of support for the proposed policy approach, as well as to provide general feedback on the policy. Over 90% of respondents indicated support for the policy principles and the proposed grants programmes at the local, multi-board and regional level.

21. The main positive themes from the public feedback included support for:

· The increased simplicity and clarity of the new grants programmes

· Improved alignment of grant-making with Auckland Council’s new governance structure and existing plans and strategies

· A focus on outcomes over a more prescriptive, process-driven approach

· A commitment to fairness and transparency

· The proposed ‘proportionality principle’, which recognises that current council processes can be onerous for organisations seeking small, low-risk grants

· The proposed Quick Response Grants scheme and the ability for local boards to make recurring (multi-year) local grants

· The proposed multi-board grants programme, particularly only having to submit one application and receiving one decision

· The proposed regional grants programmes, particularly the proposed strategic relationship grants.

Key concerns from feedback and proposed amendments to policy

22. The key issues raised through the consultation and engagement phase, and any corresponding policy revisions made as a result, are summarised in the table below. A more detailed summary is also provided in Attachment C.

Key issue	Policy amendments	Policy paragraph
Lack of clarity regarding local board and governing body responsibility for delivering Maori outcomes.	A new section has been added to the draft policy which outlines council’s obligations under Te Tiriti o Waitangi and the Local Government Act.	27-31
Concern about council’s ability to appropriately assess applications based on Maori priorities and outcomes.	The policy now commits to ensuring adequate expertise to assess these applications and this will be addressed through implementation planning.	48
Some concern about possible risks in providing small grants to individuals and groups with no formal legal structure.	The policy now only provides for low-level granting (up to $1,000) to these types of applicants to minimise risk. New option introduced for those seeking larger grants.	71-72
Concern that organisations receiving statutory funding from council via compulsory annual levies could compete with other organisations for limited funding.	Policy now proposes to exclude all organisations receiving statutory funding from council via compulsory annual levies.	80
General support for match funding from local boards but some confusion from the public regarding how this would operate.	Match funding repackaged as a separate optional local grants scheme – ‘Community Match Fund’.	128-130
Clarity sought as to whether applicants can apply to more than one grants programme per year, for the same or different purposes.	Additional section added noting that applicants can apply to more than one grants programme but only one grant can be received for the same purpose, and applicants should apply to most appropriate grants programme in the first instance.	97-98
Some concern about local board governance of grants programmes.	No change as decision-making over local grants is a local board responsibility. Local boards gave strong feedback that they require flexibility to customise their local grants programme.	N/A
Strong feedback that the proposed $1,000 threshold for Quick Response Grants was too low.	Threshold increased to ‘generally under $2,000’ but exact threshold to be determined by local boards.	119
Concern that current levels of funding are too low at the local level.	Local grants budgets will be set by each local board as a proportion of their envelope for locally driven initiatives (LDI). Local boards can choose to put more of their LDI funding into grants to enable additional granting or larger grants.	N/A
General support for proposed multi-board grants approach but some concern about effective implementation and local boards’ willingness to participate.	Deciding whether and how to work together in multi-board clusters is within local boards’ allocation of decision-making, and boards gave strong feedback that they require flexibility in implementing this part of the programme. Implementation concerns have been shared with operational departments and will be addressed through the implementation planning phase.	N/A
Clarity sought on funding route for multi-board applicants where there is no appropriate multi-board cluster.	An additional route to deal with ‘non-cluster’ multi-board applications is now signalled in the policy.	142
Concern that current levels of funding are too low at the regional level.	Additional funding for the regional grants programmes will require consideration by the governing body through the LTP process.	N/A
Strong feedback that robust application processes will be critical to successful implementation of policy.	Implementation concerns have been shared with operational departments and will be addressed through implementation planning phase.	N/A

Local board feedback on the CGP

23. The draft CGP proposes that each local board is supported to operate their own local grants programme under the broader umbrella of the CGP.

24. Staff attended local board workshops during July and August 2014 to present the draft CGP and support the provision of formal local board feedback on the policy at business meetings during September and October. Local boards received a summary of the key themes from the public feedback, and verbatim feedback from submitters in their area in advance of providing their formal feedback.

25. The majority of local boards have endorsed the draft CGP as an appropriate regional framework for Auckland Council’s grant-making. Most local boards also provided specific feedback on a range of policy, implementation and budget issues. A summary of local board feedback is provided below, with verbatim local board resolutions on the draft CGP collated in Attachment B.

Local grants programme schedule

26. A regional briefing for local board chairs and portfolio holders was held on 30 June 2014 to provide an overview of the proposed policy ahead of its submission to the RSP Committee. 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 considerable flexibility for local boards to exercise this decision-making, it was felt this delegation needed to be acknowledged more explicitly.

27. As a result of this feedback, it was agreed at a Chairs Forum held on 28 July 2014 that staff will work with local boards to shape their individual local grants programmes. Key details of each programme will be adopted by local boards as schedules to the policy.

28. Each individual local grants programme schedule will include:

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

· Any specific local funding priorities

· The types of funding opportunities available through the local grants programme

· Any specific eligibility criteria or exclusions that are additional to the baseline provisions of the CGP

· Any other factors the local board consider to be significant to their decision-making.

29. Local boards provided strong formal feedback in support of the local grants programme schedule. Operational staff will work with local boards between February and May 2015 to develop their local grants programme schedules, and most boards have also asked for an implementation plan to be prepared in preparation for the 2015/2016 financial year. Local boards expect to review and update their schedules over time as strategic priorities and budgets change.

Multi-board grants programme

30. The development of a ‘multi-board’ programme to support sub-regional groups and activities has been a key challenge for the policy. The draft CGP proposed a flexible multi-board ‘cluster’ model, with local boards retaining individual control of local grant funds but participating in collective design, deliberation and decision-making for multi-board schemes. This is a strategic approach that relies on local boards working together to identify and jointly fund outcomes for their communities, even where the initiative is located outside their area.

31. Local boards were supportive of this model, although concerns were expressed about the challenges of implementation, for example how funding rounds would be sequenced alongside the local and regional programmes, and whether boards could still be supported to consider multi-board applications where no suitable cluster exists to direct them. Funding is also seen as an issue; some local boards questioned whether multi-board grants programmes would be adequately resourced given that there is no requirement for them to participate and local funds are already under pressure.

32. Staff recommended boards consider a staged transition to the new model, by continuing the current geographical clusters for the first year of implementation. This approach was formally endorsed by only a small number of boards, with the majority preferring to explore possible cluster options during the implementation workshops planned for February to May 2015, prior to deciding whether to participate in any multi-board grants programmes.

Regional grants programme

33. The main themes from local board feedback on the regional grants programmes were:

· Support for the proposed regional grants programmes, especially for the proposed multi-year strategic relationship grants.

· Concern that community development is primarily a local activity and the outcomes for a regional grants programme in this area may overlap with local community development outcomes. Need to ensure regional grants are targeted towards organisations delivering regional outcomes.

· Concern about what qualifies as ‘regionally significant’ for the purposes of receiving funding through the Environmental and Natural Heritage and Historic Heritage grants programmes.

· Some feedback that not all of the regional grants programmes necessarily require the same level of funding, given the availability of funding from other sources for some activities (e.g. sport and recreation).

· Suggestion that regional grants should be targeted towards initiatives that will complement and add value to projects, activities and programmes provided at the local and multi-board level.

Funding to support the CGP

34. 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. In adopting a new policy, the council creates an expectation that there will be sufficient funding to effectively resource the new grants programme for this purpose.

35. When the RSP Committee endorsed the draft CGP for consultation in July 2014, staff signalled that additional funding may be needed at the regional level. The report noted that although the policy is not reliant on a specific level of funding to be delivered, current budgets should be retained as a minimum and additional funding may be needed to achieve the Transformational Shifts in the Auckland Plan. At the July meeting, the RSP Committee passed the following resolution:

[The Regional Strategy and Policy Committee] notes the budget implications arising from the draft Community Grants Policy and that it is proposed that $2.0 million per annum of additional investment to support its implementation be considered through the Long-term Plan 2015-2025 process (REG/2014/85).

Current budgets in-scope for the CGP

36. The community grants budgets in-scope for the new CGP total c. $9.5 million p.a. for the 2014/2015 financial year. The majority of this funding ($7.4 million) is distributed either locally or at the multi-board level, with the remaining $2.1 million allocated by governing body committees.

37. The funding currently distributed at the multi-board level is made up of grants budgets inherited from the legacy councils at amalgamation, which primarily support community development and environment and heritage activities. Since amalgamation this legacy funding has been held regionally, but the governing body delegates decision-making to joint funding committees of local boards covering the relevant legacy council areas.

38. The grants budget totals for each activity for the 2014/2015 financial year are shown below.

Activity area	Local	Multi-board*	Regional
Events	2,479,539	0	400,000
Arts and culture	63,140	0	634,867
Community development	1,419,466	2,906,289	50,000
Sport and recreation	0	0	440,909
Environment and heritage	0	496,662	567,446
Total	3,962,145	3,402,951	2,093,222
Grand total			9,458,318
*Legacy council grants budgets currently distributed by local board joint funding committees.

39. As noted in the July 2014 report, these existing grant funds are already oversubscribed – on average the value of requests is three times the available budget, and in some cases considerably more. Pressure on community grants budgets is most acute at the regional level.

40. Concern around the adequacy of council’s current grants budgets to deliver the desired outcomes at all levels of the programme was a key theme in both public and local board feedback. Some local boards provided formal feedback supporting additional funding being committed to the regional grants programmes to reduce existing pressure from regional organisations on local funds.

41. The majority of local boards resolved as part of their formal feedback that grants budgets currently administered by the joint funding committees should be retained locally and not be reallocated for the purposes of implementing the regional grants programme. As these budgets have primarily been supporting local and multi-board activities, the funds have now been mapped to the new locally driven initiatives (LDI) budgets through the Local Board Funding Policy allocation formula, as part of the development of the Long-term Plan 2015-2025 (LTP).

Grants budgets and the Long-term Plan 2015-2025 (LTP)

42. The final budget envelope(s) for the new grants programmes will be confirmed through the LTP process.

43. In August 2014 the Mayor’s LTP Proposal signalled that the council will increasingly look to deliver community outcomes by partnering with community and sector organisations, rather than through direct delivery. This directive increases the significance of the CGP and its supporting budgets, as it will be a key mechanism for supporting community-led activities. The Mayor’s Proposal also indicated an increased role for local boards and requested that $8m of savings be realised by 1 July 2015 within the funding envelope for the Parks, Community and Lifestyle (PCL) theme.

44. In response to the Mayoral direction, staff from Community Development, Arts and Culture (CDAC) are reviewing the council’s model for funding and delivering community development with a view to supporting more community-led activity at the local level and deploying more budget and resources to local boards for this purpose. Given these drivers, the review does not consider redirecting budget to increase funding for regional grants across all of the activities covered by the CGP.

45. On 5 November the Budget Committee agreed draft LTP budgets for consultation, and the draft budget for the PCL theme does not include any additional funding for regional grants above 2014/2015 funding levels. Given this decision, any proposal for additional funding would now need to be considered by the Budget Committee in May 2015.

46. The CGP is far broader than local community development; it covers grants for regional organisations and projects across arts and culture, events, sport and recreation, environment and heritage, therefore an increase in funding for regional grants could be considered within a broader cross-council context, i.e. beyond the PCL theme.

47. If the RSP Committee wishes to pursue additional funding for regional grants, staff can be requested to prepare options and advice for consideration by the Budget Committee as part of their final decision-making on the LTP in May 2015.

48. The CGP can be delivered within the existing funding envelope. If regional grants budgets are not increased above 2014/2015 funding levels in the final LTP, staff will look at options for implementing the CGP within agreed LTP budgets and report these to the committee by June 2015. The policy implementation plan may identify that some aspects of the policy would need to be implemented over a period of time.

Consideration

Local board views and implications

49. Local boards have been extensively engaged as part of the development of the CGP. Key themes from local board feedback have been discussed in this report and the recommendations reflect local board views.

50. Local board resolutions regarding the draft CGP are collated in Attachment B.

Māori impact statement

51. Community grants have the potential to make a significant impact on Māori and all grants programmes should respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to organisations delivering Māori outcomes.

52. Public consultation on the draft policy included attendance at four mataawaka and mana whenua hui. The following table outlines key themes and policy responses (in addition to those already discussed in the table at paragraph 22).

Issue

Response

Concerns regarding accountability mechanism for delivering on Māori outcomes

Information about the number of Māori grant applicants and recipients will be collected by Operations as part of their monitoring of the overall grants programme, which will enable analysis of council’s level of spending in this area.

‘Treaty audits’ by the Independent Māori Statutory Board will also help to establish whether Auckland Council is funding Māori outcomes through its grants programmes at the local and regional level.

Clarification required regarding intent and implementation of principle ‘Value Te Ao Māori’

Principle has been rewritten to provide further clarity of intent and how it will be applied in practice. (Refer CGP paragraphs 47, 48)

53. The current interim funding programme includes one grants scheme dedicated to Māori outcomes (the Marae Development Fund in the former Manukau City area). It was communicated during the public consultation on the CGP that this particular scheme, along with all others operating through the interim funding programme, will cease to operate once a new CGP is adopted. Local boards 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.

54. Existing regional funding of $1 million per annum for papakainga and marae development (confirmed in the draft LTP budgets for consultation) may also provide some capacity to meet this need going forward. Te Waka Angamua will 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.

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 and implementation of the Local Board Funding Policy. This will enable the finalised budget structures to be implemented alongside the policy.

56. All in-scope legacy grants schemes operated by Auckland Council will cease to operate from 1 July 2015, although any grants already allocated through these schemes will not be affected. A list of the schemes that will cease to operate is provided as Attachment D.

Feedback on implementation issues

57. A significant amount of feedback from public consultation on the draft CGP focused on the importance of implementing the policy fairly and effectively, as it is intended.

58. Local boards have a particular interest in the implementation of the CGP and 12 local boards resolved the following:

‘[The local board] requests that the Operations Division explore an integrated, and simple approach to administering the various grants programmes for the benefit of applicants, and also seek to locate a more efficient and effective way for all departments to work together to provide local boards with support, analysis, advice and monitoring of community grants.’

59. All implementation-related feedback has been shared with the operational staff responsible for implementing the CGP, and key themes are summarised in Attachment C.

Next steps: implementing the CGP

60. Implementation of the CGP will be undertaken by the Operations Division.

61. Implementation will take place within the context of the new LTP 2015-2025 and the Local Board Funding Policy (LBFP). This will involve setting a base level of service for the provision of grants administration and advice within confirmed LTP budget envelopes. In accordance with the new LBFP, local boards will be required to pay the direct staff overhead costs for any services required above the base level. This could include further customisation of local grants schemes, establishment of any additional local grants schemes (e.g. Community Match Funds), and any multi-board grants schemes. The impact on the CGP of implementing the Locally Driven Initiatives (LDI) aspect of the LBFP is largely unknown at this point.

62. The implementation planning phase has already commenced and an internal governance structure has been established to oversee the design of administration and advisory services to support the new CGP.

63. This will include:

· Working with local boards between February and May 2015 to:

o Develop individual local grants programme schedules and implementation plans

o Scope and establish multi-boards grants programmes, where desired

o Confirm the funding envelopes to support local and multi-board grants programmes in each local board area, including budgets for granting and any direct staff overhead costs for services required above the base level.

· Working with the relevant governing body committees to agree the funding priorities, scheme structure, and qualifying criteria for their individual grants programmes (once the final structure of the regional grants programme is confirmed)

· Designing new application forms and guidelines for prospective applicants

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

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

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

· Updating funding agreements, accountability forms and other legal documentation to ensure they are fit-for-purpose

· Ensuring payments processes and associated financial controls are robust and efficient.

64. Grant applicants / recipients will 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	Final Community Grants Policy	25
b View	Local board resolutions on the CGP	79
c View	Policy response to key concerns raised in public feedback	87
d View	Legacy grants schemes ceasing operation from 1 July 2015	95
e View	Summary of CGP public consultation activity	97

Signatories

Authors

Rebekah Lauren - Principal Policy Analyst

Authorisers

Anaru Vercoe - Manager, Community Policy & Planning

Roger Blakeley - Chief Planning Officer

Dean Kimpton - Chief Operating Officer

Regional Strategy and Policy Committee

04 December 2014

Recommended Strategy and Policy Forward Programme

File No.: CP2014/25461

Purpose

1. This report seeks the adoption of a revised recommended Strategy and Policy Forward Programme. The current programme has been reviewed to ensure that it is aligned to and will support the 2015-2025 Long-term Plan.

Executive summary

2. In September 2014 the committee agreed to a review of the Strategy and Policy Forward Programme to inform the 2015-2025 Long-term Plan.

3. A revised recommended forward programme has been prepared which clearly distinguishes between those items in development and those completed and in the implementation phase. The review has helped to identify a number of adopted documents which do not require ongoing governance oversight. It is recommended that these items are removed from the programme. In addition, it is recommended that a small number of in-progress items do not proceed as currently planned. Any significant policy, strategic or public interest issues related to these areas will be reported for decisions and oversight as appropriate.

4. In addition to these reports, the committee is asked to identify if there are any policies or strategies that it wishes to receive one-off or regular 6 monthly or annual update/progress reports on.

5. The revised recommended programme will provide the committee with a more focused policy and strategy development and implementation programme which balances the need for governance oversight with management oversight, business planning and implementation activities.

Recommendation/s

That the Regional Strategy and Policy Committee:

a) adopt the revised recommended Strategy and Policy Forward Programme (Attachment A)

b) agree to the removal of the following adopted documents from the Strategy and Policy Forward Programme noting that significant policy, strategic or public interest issues related to those documents that may arise will be reported to relevant reporting committees and/or committees of the whole for decisions and oversight as appropriate:

i. Events Policy

ii. Gambling Venues Policies

iii. Indigenous Biodiversity Strategy

iv. Libraries Future Direction

v. Procurement Strategy and Policy

vi. Public Art Policy

vii. Smokefree Policy

c) agree to the removal of the following in-progress documents from the Strategy and Policy Forward Programme noting that in the majority of cases the focus will be on progressing management work programmes and/or partnership agreements and frameworks rather than on the development of strategy or policy documents:

i. CCTV Strategic Action Plan

ii. Family and Sexual Violence Strategic Action Plan

iii. Historic Heritage Action Plan

iv. Water Strategic Action Plan

d) agree to receive monitoring and update reports on the development and implementation of items in the Strategy and Policy Forward Programme in March, July and November of each year starting in March 2015

e) identify any policies or strategies that it wishes to receive one-off or regular six monthly or annual update/progress reports on.

Comments

6. In March 2014 the Regional Strategy and Policy Committee adopted (see item 13 - REG/2014/38) the Strategy and Policy Forward Programme (“the forward programme”). Since then, quarterly updates on the development and implementation of items in the forward programme have been reported to committee. In September 2014 the committee agreed (see item 12 - REG/2014/1) to a review of the forward programme to inform the 2015-2025 Long-term Plan.

7. In reviewing each of the policies and strategies in the programme, officers have applied four main principles:

That items on the forward programme:

· Play a significant role in delivering on council’s strategic direction and/or statutory responsibilities

· Are significant enough to require ongoing governance decisions or oversight from elected members

· Are able to be implemented

· Are aligned to the 2015-2025 Long-term Plan and fully or partly funded.

8. The revised recommended forward programme (Attachment A) now clearly distinguishes between those items that are still in development (Box A on the diagram) and those that have been adopted and are being implemented (Box B). All items on the programme require ongoing governance oversight.

9. There are a number of adopted documents that were on the original programme that do not require ongoing governance oversight (Box D). While implementation will continue as planned with oversight from management, we recommend these items be removed from the strategy and policy forward programme. Any significant policy, strategic or public interest issues related to these items that may arise will be reported for decisions and oversight as appropriate.

10. The review of the programme has helped to identify a small number of in-progress documents (Box C) that we recommend do not proceed as currently planned. It is important to note that in the majority of cases we recommend that work should continue in these areas but the focus will be on progressing management work programmes and/or partnership agreements and frameworks rather than on the development of strategy or policy documents that require adoption by a committee. Any significant policy, strategic or public interest issues related to these areas will be reported for decisions and oversight as appropriate:

In-progress item	Alternative response
CCTV Strategic Action Plan	Intent to be delivered through a framework or similar agreed with partners
Family and Sexual Violence Strategic Action Plan	Intent to be delivered through a framework or similar agreed with partners
Historic Heritage Action Plan	Intent to be delivered through a management work programme or similar
Water Strategic Action Plan	Stop work. The National Policy Statement for Fresh Water Management Programme, the Infrastructure Strategy and Environment Strategic Action Plan progress water issues

11. It is recommended that monitoring reports on the forward programme be considered by the committee every 4 months from March 2015. These reports will continue to detail progress with both the development and implementation of items on the forward programme but will also be enhanced to provide a greater level of strategic context to the forward programme. The monitoring reports will help supplement existing committee update reports on specific policy or strategy items as well as the annual Auckland Plan Implementation Update.

12. In addition to these reports, the committee is asked to identify if there are any policies or strategies that it wishes to receive one-off or regular 6 monthly or annual update/progress reports on.

13. The revised recommended forward programme will provide the committee with a more focused policy and strategy development and implementation programme which balances the need for governance oversight with efficient management oversight, business planning and implementation activities.

Consideration

Local board views and implications

14. Local boards have received copies of the update reports on the forward programme since its initial adoption in 2012. Project leads for each of the documents in the forward programme are expected to engage with local boards as early as possible to ensure there is adequate time for boards to provide feedback. The forward programme helps to provide visibility of priority strategy and policy work and also helps to ensure that documents are developed in a more coordinated way. A copy of this report will be sent to all local boards.

Māori impact statement

15. Officers are expected to integrate the goals of the Māori Responsiveness Framework and to consider the Schedule of Significance to Māori in Tāmaki Makaurau as part of policy development. Corporate performance standards are in place which measure the number of documents on the forward programme which are drafted in consultation with Māori and include Māori outcomes. The latest performance figures show that the majority of documents are consulted on with Māori and include Māori specific outcomes. A copy of this report will be sent to the Independent Māori Statutory Board.

Implementation

16. The development and implementation of items on the forward programme requires ongoing resource. Adopted strategies and policies remain on the programme to reflect their role in implementing the Auckland Plan and the significant activities associated with their implementation.

Attachments

No.	Title	Page
a View	Recommended Strategy and Policy Forward Programme	103

Signatories

Authors

Craig Glover - Principal Strategy Analyst

Authorisers

Harvey Brookes - GM - Auckland Plan Strategy & Research

Roger Blakeley - Chief Planning Officer

Regional Strategy and Policy Committee

04 December 2014

Update on Alcohol Harm Reduction Strategy

File No.: CP2014/20483

Purpose

1. To provide the Regional Strategy and Policy Committee (the committee) with an update on the Auckland Council Alcohol Harm Reduction Strategy (the strategy).

2. The report also provides an overview of current alcohol harm reduction activities that council is undertaking and a template for ongoing monitoring of activities.

Executive summary

3. On 15 March 2011 the Regional Development and Operations Committee (RDOC) approved the proposed Alcohol Programme: Policy and Planning for Safe, Healthy and Strong Communities (the programme). The programme included the development of an alcohol strategy, an alcohol control (liquor ban) policy and bylaw(s), and the development of a local alcohol policy.

4. The strategy is a high-level overarching policy document that guides the council’s approach to alcohol-related policy development and activities. It provides the basis for a consistent approach to alcohol policy and planning and outlines the council’s commitment and contribution to the reduction of alcohol-related harm in the community.

5. On 21 June 2012 RDOC endorsed the adoption of the Auckland Council Alcohol Harm Reduction Strategy (RDO/2012/119).

6. The next phase of the project is to continue to implement and embed the strategy into council everyday work planning, start to monitor current activities in one central space and identify areas where council could begin new projects in the coming years to help reduce alcohol-related harm in Auckland communities.

7. The strategy will be formally reviewed and evaluated in 2015.

Recommendation

That the Regional Strategy and Policy Committee:

a) note the alcohol harm reduction related activities that have been included in the reporting template.

Comments

Background

8. Over the past several years there has been an increase in the level of community concern over the visible growth in alcohol-related harm in communities and the significant social and economic cost this incurs locally and nationally.

9. Previously within Auckland, all of the legacy councils had developed alcohol-related strategies, policies or plans in some form. These were independent council initiatives produced in consultation with key stakeholders to address alcohol-related issues and initiatives within their communities. However, these documents varied considerably both in scope and content and there was no standardised approach to alcohol policy and licensing for Auckland.

10. On March 15 2011, a report was presented to RDOC which provided an overview of the proposed alcohol programme designed by the Community and Cultural Policy Unit. The programme which was endorsed by the committee included:

· the development of an Auckland Council Alcohol Harm Reduction Strategy

· the development of alcohol control (liquor ban) policy and bylaw(s)

· development of a local alcohol policy.

11. Auckland Council developed the Alcohol Harm Reduction Strategy (the strategy) as a single approach to the management of alcohol-related harm activities. The strategy aligns with the council’s expressed outcome of being a fair, safe and healthy city; and meets the requirements of new alcohol legislation.

12. Engagement and feedback was received through local board workshops in July 2011. This feedback was incorporated into the final draft of the strategy.

13. On 21 June 2012, RDOC endorsed the adoption of the strategy with a slight amendment to the strategic outcome (RDO/2012/119).

14. Following formal adoption, there was further engagement with internal stakeholders via meetings to ensure the actions and priorities identified in the strategy were integrated into current practices and future work plans.

The purpose of The Alcohol Harm Reduction Strategy

15. The strategy guides council’s work in relation to the reduction of alcohol-related harm in the community by:

· Identifying overarching policy objectives and activities to reduce alcohol-related harm

· Demonstrates the links between the councils alcohol-related policies, processes and activities

· Promotes consistency and transparency in council decision making on alcohol-related issues

· Illustrates council’s partnering and collaboration in reducing alcohol-related harm and enhance community safety.

16. The strategy is not, nor does it contain council’s Local Alcohol Policy (as defined in the Sale and Supply of Alcohol Act 2012), nor does it contain the council’s Liquor Control Bylaw, or Liquor Licensing Policy. These policies, though they are relevant to the strategy, are separate pieces of work that are being developed and/or reviewed alongside the strategy.

Project update

17. The strategy has continued to be used widely throughout council to guide work and ensure Council has a consistent and coordinated response to alcohol harm reduction. Units and departments have continued to keep a record of current activities and recorded progress throughout the year.

18. This report provides an updated record of current activities, as well as projects that have been completed or transitioned out. These activities will continue to be monitored and evaluated over time to ensure Council is achieving the aim of the strategy, to provide ‘a safe and healthy city where there is minimal risk of harm to Auckland communities from alcohol related activities’.

19. This report will also be used to identify new projects that may be required to achieve the strategy aim, vision and subsequent anticipated impacts.

Summary of alcohol related activities

20. Below is a summary of some of the types of activities council has underway to reduce alcohol-related harm in our communities. This is not an exhaustive list; it is just a sample of some of the activities council is involved in. Appendix One has a full list of current and completed projects as well as those that will be transitioned out in 2014.

21. Taskforce on alcohol in the CBD

The taskforce on alcohol in the CBD is a project undertaken by the Community Safety team. It is an inter-agency initiative developed to curb the effect of intoxication and alcohol fuelled disorder in the CBD. There is also a Supercity Host Charter for licensees to enhance their compliance to alcohol management best practice and ownership of the wider impacts on alcohol around licensed premises.

22. Karangahape Road Safety Action Plan

The Karangahape Road Safety Action Plan is a project supported by the Community Safety team. The business association have been working with council and others to support alcohol management and safety through; information dissemination, security support, a bar-watch radio programme for late night venues, application of Crime Prevention Through Environmental Design (CPTED) and the use of regulation bylaws. Karangahape Business Association security reports indicated a marked reduction in street drinking over the years that this collaborative plan has been implemented. This plan will be reviewed and revised for application in the 2014/15 year.

23. Alcohol advertising advocacy and submissions

The Regional Social Policy team prepared a submission on behalf of Council to the Advertising Standards Authority and the Ministry Forum on Alcohol Advertising and Sponsorship to advocate for stronger alcohol advertising regulations. Evidence and advice was provided on changes to the current system for regulating alcohol advertising and sponsorship. A submission on the National Drugs policy was also completed.

24. Advertising Policy – Auckland Transport

Auckland Transport (AT) has a new advertising policy and has taken a strong position against alcohol advertising. The purpose of the policy is to set out high level principles, together with a decision making framework and criteria, governing the approval of advertisements which appear on Auckland Transport’s infrastructure, facilities and services. The policy states that advertisements will not be approved, or permitted to remain on AT’s infrastructure, facilities or services if, in AT’s sole discretion, the advertisement promotes alcohol brands or products. Preference will be given to advertising which supports health and healthy lifestyle choices.

25. Alcohol programme – Local Alcohol policy

The Alcohol Policy Programme was developed to ensure safe, healthy and strong communities and included the development of a local alcohol policy. The local alcohol policy has gone through several phases of development including an issues and options paper, preferred position paper and a draft policy. Consultation and engagement has been completed with local boards, politicians, networks, organisations and the public. The draft policy was publically notified in July 2014 and a special consultative procedure has now been completed. The appeals process will follow in late 2014 with the hope to have a final policy in place by mid-2015.

26. Alcohol programme – Alcohol control policy and bylaw

The alcohol control bylaw has been managed by the bylaws team and they are currently completing a review of the seven legacy alcohol control bylaws and more than 1,600 alcohol bans based on amendments to Local Government Act 2002. The bylaw is currently out for consultation and due to be completed this year (2014) and the liquor ban review is due for completion late 2015.

27. Sober Driver Programme – Auckland Transport

AT has been completing a sober driver programme which involves community education campaigns that comprise of media advertising and community event delivery with a focus on young males 20-24 years old. This piece of work is also linked to The Road Safety Action Plan, Road Safety Auckland Group and NZTA for delivery.

28. Community facilities

Community facilities have been working on the development of a regional policy operation guide which will consider alcohol management strategies within Council community facilities.

29. Children and Youth against Alcohol and Drugs (CAYAD) – Sexual violence and alcohol in tertiary education environments

This project focuses on alcohol-related harm education specifically around sexual violence in the tertiary education environment. University age students (17-25 years) are known for the stereotypes surrounding binge drinking and it is not uncommon for sexual violence to occur in these social circles whether a student is a victim of sexual violence, an offender or both.

30. CAYAD met with Rape Prevention Education who explained that there were less organisations funding work with this age group, as most of the focus is on education at a younger age level. CAYAD now provide messages and training around binge drinking in general and risks that are associated with intoxication and sexual violence. Some of these messages include alternatives to a night out drinking or how to be safer if you are out drinking.

31. ATEED – Events

ATEED delivers, sponsors and facilitates many events throughout Auckland every year. The Auckland tourism industry is an important part of the city’s brand and fabric – people, places, culture, food and beverage, architecture, art, music and natural environment – and it is an attractive proposition for visitors, residents, students, migrants and investment. ATEED delivers / sponsors or facilitates alcohol free events such as; Diwali, Lantern festival, Pasifika, Coca Cola Christmas in the Park, Art in the Dark, Santa Parade, Iron Man 70.3, ITU, Takapuna Beach Cup and the Pride Parade (Parade itself) and works hard to ensure a good mix of events for Auckland communities and visitors alike.

32. Health and safety internal Drug and Alcohol Policy

Councils Health and Safety department currently has an up to date Drug and Alcohol Policy as well as Employee Assistance Programme for council staff to help reduce alcohol related harm.

33. The Drug and Alcohol Policy contributes to a safe and healthy work environment, by ensuring the risks arising from the use of drugs and alcohol by employees, contractors, agency temporary staff and volunteers are properly managed. The policy is in place to manage the adverse impacts of drugs and alcohol on productivity, safety and reputation and includes general principals. These principals are based around the ability to perform duties, safety, reputation, purchase and possession of alcohol, testing, rehabilitation and education and training. This policy is monitored and updated regularly.

34. The Employee Assistance Programme

The employee assistance programme is available to all council staff members and provides support to staff when required. It assists employees to overcome personal issues affecting their work related performance, provides a supportive and confidential framework in which to obtain assistance and allow managers to manage their people resources in a constructive and consistent manner. The programme includes the use of drug and alcohol rehabilitation services which can be used via self-referral or manager referral.

35. Regulation and enforcement – Licensing and compliance

Licensing and Compliance Services continue to process applications for new off, on, club and special licenses. The recent alcohol reform and subsequent Sale and Supply of Alcohol Act 2012 has meant some changes to the criteria, rules and requirements to get an alcohol licence. This process also allows greater opportunity for the community to raise objections to alcohol licenses.

36. Alcohol Licensing Inspectors work to ensure that the sale, supply and consumption of alcohol is undertaken safely and responsibly and the harm caused by the excessive or inappropriate consumption of alcohol is minimized.

Next steps

37. In 2015 the strategy will be fully reviewed, this will involve an examination of the relevance, practicality and effectiveness of the strategy. This will be completed by using relevant indicators identified in the strategy to assess progress towards the aim and vision.

38. The review will also provide an opportunity to collate data from ongoing research, council activities, projects and plans to further improve our work in reducing alcohol related harm in our communities.

39. The strategy will be assessed and reported on and if required updated to ensure it continues to link to the Auckland Plan, local board plans, council activities and responsibilities in relation to alcohol.

Consideration

Local board views and implications

40. Engagement and feedback was received through local board workshops in July 2011. This feedback was incorporated into the final draft of the Auckland Council Alcohol Harm Reduction Strategy. Local boards will be provided with an update once the formal evaluation is completed in 2015.

Māori impact statement

41. Research suggests that indicators of alcohol-related harm tend to be higher in communities where higher numbers of Maori in the population exist. However, it is probable that this is due more to wider socio-economic factors rather than ethnic differences. These and other findings relating to patterns of alcohol sale and consumption indicate that there are specific impacts on Maori well-being that need to be considered.

42. The Independent Maori Statutory Board was approached to provide input into the Auckland Council Alcohol Harm Reduction Strategy, and it is has also been engaged with for the development of the Alcohol Control Bylaw review and the Local Alcohol Policy project

Implementation

43. N/A

Attachments

No.	Title	Page
a View	Council Alcohol Harm Reduction Activities 2014	115

Signatories

Authors

Janine Green - Policy Analyst

Michael Sinclair - Team Leader, Regionwide Social Policy

Authorisers

Penny Pirrit - GM Plans and Places

Roger Blakeley - Chief Planning Officer

Dean Kimpton - Chief Operating Officer

Regional Strategy and Policy Committee

04 December 2014

Options for regulation of the commercial sex industry

File No.: CP2014/26116

Purpose

1. This report provides the Regional Strategy and Policy Committee with a preferred option for regulating the commercial sex industry in Auckland.

Executive summary

2. The Prostitution Reform Act 2003 makes commercial sex work a legal activity with all the protections and rights afforded other commercial enterprises. The Act provides for the licencing of large brothels by the Ministry of Justice and gives territorial authorities the ability to make bylaws regulating the location and signage of brothels, including small residential based operations. The Act also directs the resource consent process to take into account possible public nuisance and land use.

3. Auckland’s legacy councils took differing regulatory approaches to the commercial sex industry ranging from specific location bylaws to using general planning rules.

4. As part of the bylaw review programme Auckland Council is required to decide on the future regulation of the commercial sex industry in Auckland. Options for this approach are to create a new Auckland-wide bylaw regulating the location of brothels or allow the planning rules to govern the location of these businesses.

5. The recommended option is to use existing planning rules and other Auckland Council bylaws such as the health and hygiene and signage bylaws for the on-going regulation of the commercial sex industry. This option would provide an appropriate degree of control at very limited cost to Auckland. It would use the existing district planning rules until the sex industry specific provisions in the Proposed Auckland Unitary Plan (PAUP) come into effect in 2016.

Recommendation/s

That the Regional Strategy and Policy Committee:

a) agree that the location of commercial sex industry premises in Auckland will be regulated through planning rules

b) agree that prior to the Proposed Auckland Unitary Plan coming into force the location of commercial sex industry premises in Auckland will be regulated through legacy district plan rules

c) agree that operational aspects of the commercial sex industry in Auckland such as health and safety and signage will be regulated through bylaws specific to the topic and appropriate legislation

d) agree that all legacy bylaws relating to the location of brothels will lapse on the 31^st October 2015

e) agree that a bylaw to regulate the location of brothels will not be developed.

Comments

Background

Prostitution Reform Act 2003

6. The Prostitution Reform Act 2003 makes commercial sex work a legal activity with all the protections and rights afforded other commercial enterprises. The Act gives territorial authorities the ability to make bylaws regulating the signage and location of brothels. It also directs territorial authorities to consider if a business will cause a nuisance or be incompatible with the existing character or use of the land when considering a resource consent.

Previous local government regulation

7. There were different approaches taken to the regulation of the commercial sex industry in the legacy councils. The former Auckland City, Manukau City, North Shore City, Franklin District and Rodney District councils used a combination of district plan rules and bylaws to regulate the location of brothels and commercial sex premises. Clauses in the Auckland City bylaw regulating the location of brothels were struck down after a judicial review for being too onerous. Waitakere City Council used specific district plan provisions to regulate the location and operation of brothels. In contrast to the other councils Papakura District Council had no specific regulations for the commercial sex industry, instead relying on provisions in bylaws and its district plan.

Current authority

8. Under the Prostitution Reform Act 2003 the Auckland Council has the authority to create a bylaw regulating the location of brothels. Council also has the power to make planning rules regulating the commercial sex industry as it does around other commercial enterprise. As well as these statutory mechanisms the council is currently pursuing legislation to allow it to regulate the location of street based sex work.

9. Auckland Council does not have a statutory role in monitoring or enforcing the public health or operational safety aspects of the commercial sex industry. These are controlled by central government agencies such as the Ministry of Health and the Ministry of Business Innovation and Employment and the workplace legislation they administer.

What issue are we addressing?

10. The commercial sex industry can have adverse social impacts such as risks to public health, damage to the character of an area and public nuisance. Auckland has inherited a number of different regulatory approaches to minimising these adverse impacts and is required to review the bylaw component of these by 31^st October 2015.

What is Auckland Council trying to achieve?

11. Auckland needs a single consistent approach to the regulation of the commercial sex industry. The preferred outcome for council involvement is to limit any adverse impact on communities from the commercial sex industry while not unduly limiting its commercial viability. All regulatory mechanisms providing this outcome need to be cost effective and practical to implement and maintain.

How much of an issue is there?

12. It is clear that the commercial sex industry has a polarising affect across the Auckland region. Despite this tension, from May 2013 until May 2014, there were only 71 premises in Auckland that had complaints against them relating to operation of a commercial sex business. Of these 71 premises, less than ten percent required a notice to be issued to resolve the complaint. To provide an idea of scale, in a twelve month period the council received almost 350 complaints regarding street trading.

Previous consultation

13. The Regulatory and Bylaws Committee has previously agreed to the principle of using general provisions to regulate the commercial sex industry rather than specific bylaw (RB/2011/9). This position has also been supported by local boards, the Regulatory & Bylaws Political Working Party, the Unitary Plan Political Working Party and the Community Safety Forum.

What types of regulation could be used?

Planning Rules

14. All of the legacy councils have district plan rules that regulate the location of commercial enterprise within their boundaries. These legacy rules are due to be superseded by the Proposed Auckland Unitary Plan which will contain a unified set of provisions setting out how and where commercial enterprises can operate in Auckland. These provisions will apply to where brothels, massage parlours, strip clubs and adult retail shops may locate, as well as how they can operate. The proposed rules have been developed to minimise potential adverse effects of commercial sex industry premises in the same way as other activities that have a similar scale and nature of effects.

15. In the Proposed Auckland Unitary Plan, brothels and massage parlours fall within the definition of ‘commercial sexual services’. Strip clubs are classed as ‘entertainment facilities’, and adult retail falls within the definition of ‘retail’. Any person operating a business from home would be subject to ‘home occupation’ rules. The Proposed Auckland Unitary Plan rules are summarised in Attachment 1.

Auckland Council Bylaws (see attachment 2)

16. There are a number of bylaws that have been made since the creation of Auckland Council that would allow the regulation of the operation of the commercial sex industry. These govern aspects of all commercial operations such as signage, health and hygiene and trading in public places. The bylaws provide unified, up to date regulation that has been made with the needs and goals of Auckland in mind.

Legacy Bylaws (see attachment 3)

17. The Local Government (Auckland Transitional Provisions) Act 2010 provided that bylaws made by the legacy local authorities in Auckland that were in force on 31 October 2010 are deemed bylaws made by the Auckland Council. The Auckland Council is required to decide whether to confirm, amend or revoke these bylaws by 31 October 2015, after which time any bylaws that have not been confirmed, amended or revoked will expire. See attachment 3 for a list of the legacy bylaws that apply to the location of commercial sex industry premises.

Auckland Council (Regulation of Street-based Sex Work in Specified Places) Bill

18. This Bill is the renamed Manukau City Council (Regulation of Prostitution in Specified Places) Bill and is currently before the select committee. It was designed to allow council to stop street based sex work being conducted in areas where it was causing a nuisance after other options to control the activity had failed. The Bill also required the council to ensure there are alternative areas for the workers to relocate to from the problem areas.

Options for consideration

19. Based on the available regulatory mechanisms and previous feedback, staff have identified two options for the on-going regulation of the commercial sex industry.

First option: Use planning rules and bylaws

20. This option would allow all of the legacy sex industry bylaws to lapse and use planning rules and topic specific bylaws (such as signage) to regulate the industry. The approach would use the legacy district planning rules for the period prior to the adoption of the proposed Auckland Unitary Plan.

Second option: Create a new Auckland Council bylaw

21. This option would replace the legacy sex industry regulation bylaws with a new Auckland Council bylaw. The proposed bylaw would seek to regulate the location of sex industry premises.

Pro

Con

Let existing legacy bylaws lapse and use planning rules and topic specific bylaws (such as signage) to regulate

ü Level of regulation is consistent with the level of the problem

ü Consistent with stakeholder preferences

ü Cost effective – uses existing regulatory instruments and would not require special consultative procedures

ü Provides regulatory consistency by treating sex industry as other commercial enterprise

û Does not allow for specific control of the location of brothels

û Will rely on legacy district plan rules until the Proposed Auckland Unitary Plan comes into effect in 2016

Replace existing legacy bylaws with a specific Auckland council bylaw

ü Would allow specific control of location of brothels

û Could be considered over-regulation for a problem where there is very limited evidence of harm

û High cost of developing a new bylaw including the costs of a special consultative procedure

û Would be open to successful legal challenge if it is considered too onerous

û Would require additional resources to administer and enforce

û Could be difficult to administer as would have to prove the business was offering commercial sex

Preferred option

22. The preferred recommended option is to allow the legacy bylaws to lapse and use planning rules and topic specific bylaws to regulate the sex industry. This approach has the advantage of providing cost effective regulation that is proportional to the low level of harm that has been reported by the public. It also follows the feedback for stakeholders to use general regulation rather than specific regulations. The option also would be the most cost effective and legally robust.

Risks

23. The risk of the preferred option is that without a direct control of the proximity of brothels there could be a clustering of premises leading to a reduction in social amenity for the affected community. The likelihood of this occurring is considered very minor. This assessment is based on the experience of the legacy Auckland City Council where the location bylaw was struck down for being too onerous. This lack of control of proximity did not lead to any clustering or over development of sex industry in Auckland City.

24. The Prostitution Reform Act allows for any resource consent “relating to a business of prostitution” to consider nuisance, offence to the public and incompatibility with the existing land use in the area. In this regard, the provisions allow territorial authorities a degree of control over the location of brothels.

Consideration

Local board views and implications

25. During June and July 2012, workshops were held with 20 local boards on regulating the location of brothels and commercial sex premises. The Great Barrier Local Board did not host a workshop.

26. Six out of twenty local boards agreed with the idea of no further regulation. Ten boards had mixed responses and four boards wanted further regulation. The local boards that had mixed responses or disagreed with the recommended option expressed concerns about the removal of proximity regulations, due to potential exposure of the commercial sex industry to children and young people. Those boards also expressed concerns around the effectiveness of the Proposed Auckland Unitary Plan as a tool, and a lack of clarity as to how the Plan would be used to regulate the commercial sex industry.

Māori impact statement

27. Iwi management plans do not include any references to the location or operation of brothels and commercial sex industry premises. The Independent Maori Statutory Board has been provided with updates throughout the development of the Commercial Sex Industry Programme and will continue to be informed as the programme continues. Policy staff members have met with Maori stakeholders both within and outside the organisation to discuss issues associated with the commercial sex industry in Auckland, and will continue to engage with them on the development of the preferred option.

Implementation

Next steps

28. Council staff are preparing a guide setting out how the commercial sex industry is controlled by the existing regulatory framework. The guide will allow people to understand which bylaw or rule is applied to the relevant activity of a commercial sex business. The guide will be available online and in hard copy by the end of November 2014.

Attachments

No.	Title	Page
a View	Proposed Auckland Unitary Plan rules	131
b View	Auckland Council Bylaws	133
c View	Legacy Council Bylaws	135

Signatories

Authors

Callum Thorpe - Principal Policy Analyst

Authorisers

Anaru Vercoe - Manager, Community Policy & Planning

Roger Blakeley - Chief Planning Officer

Dean Kimpton - Chief Operating Officer

Regional Strategy and Policy Committee

04 December 2014

Auckland Council Guide to the Commercial Sex Industry Regulations

File No.: CP2014/26107

Purpose

1. To inform the Regional, Strategy and Policy Committee of the ‘Guide to the Commercial Sex Industry Regulations’ (‘the Guide’). The Guide references all general regulations relevant to managing the commercial sex industry in Auckland.

Executive summary

2. The Guide serves as a compendium document or ‘one stop shop’ for interested parties (i.e. brothel operators, sex workers, council staff and the general public) to access information about regulations relevant to managing the location, operation and visibility of the commercial sex industry.

3. It aims to assist interested parties to understand how general rules and regulations apply to the commercial sex industry and outlines the relevant agencies responsible for the enforcement of these rules

4. The Guide outlines:

· the relevant rules that relate to the location of brothels, including small owner operated brothels (SOOBs), adult retail stores and strip clubs

· the relevant rules that relate to the operation and visibility of brothels, SOOBs, adult retail shops and strip clubs (i.e. health and hygiene rules, signage rules, parking and traffic rules and anti-social behaviour regulations)

· summarises the responsibilities of brothel operators and SOOBs under the Prostitution Reform Act 2003 and

· summarises general regulations and provisions that relate to street based sex work

5. There are no new regulations or rules proposed in the Guide, so there is no requirement for public consultation on the document. However, key agencies referenced in the Guide and the New Zealand Prostitutes Collective were consulted to ensure that the Guide is practical and fit for purpose. The Guide will be available on the council’s website from January 2015.

Recommendations

That the Regional Strategy and Policy Committee:

a) note that the ‘Guide to Commercial Sex Industry Regulations’ is a compendium document that contains general local and central government regulations relevant to managing the location, operation and visibility of the commercial sex industry in Auckland

b) note that any editorial amendments is delegated for approval to the Manager Social Policy and Bylaws

c) note that the ‘Guide to Commercial Sex Industry Regulations’ will be available on the Auckland Council website from January 2015.

Comments

Background to commercial sex industry programme

6. In June 2011, the Regulatory Development and Operations Committee approved the ‘Adult Entertainment Programme’ of work which included a review of Auckland’s brothels and commercial sex premises bylaws (RDO/2011/107)

7. In December 2011, staff reported to the Regulatory and Bylaws Committee (‘the Committee’) after an initial review of Auckland’s commercial sex premises bylaws. The Committee endorsed staff recommendations that any new regulations aimed at managing the commercial sex industry should prioritise the use of general bylaws and Unitary Plan provisions (RB/2011/9).

Why do we need a ‘Guide to the Commercial Sex Industry Regulations’?

8. First, while the general rules in local and central government regulations sufficiently manage any adverse effects from the industry, understanding how these rules apply is not easily accessible. Second, there are some regulations that are not yet in effect and only interim regulations apply.

9. The ‘Guide to Commercial Sex Industry Regulations’ (‘the Guide’) serves as a ‘one stop shop’, to the rules and regulations around the location, operation and visibility of the commercial sex industry. Key pieces of regulation referenced in the Guide include:

· the Prostitution Reform Act 2003

· the Auckland Council Health and Hygiene Bylaw 2013

· the Auckland Council Public Safety and Nuisance Bylaw 2013

· the Proposed Signage Bylaw 2014

· the Proposed Auckland Council Unitary Plan

· the Summary Offences Act 1981

· the Film, Video and Classifications Act 1993

· the ‘Manukau City Council- Regulation of Street Prostitution’ Bill

Purpose of the ‘Guide to the Commercial Sex Industry Regulations’

10. The Guide, as attached with this report, will help interested parties (i.e. brothel operators, sex workers, council staff and the general public) understand how general rules apply to the commercial sex industry. It will also outline the relevant agencies responsible for the enforcement of these rules and regulations.

11. By providing a ‘one stop shop’, the Guide will:

· outline the relevant rules that relate to the location of brothels, including small owner operated brothels (SOOBs), adult retail stores and strip clubs

· outline the relevant rules that relate to the operation and visibility of brothels, SOOBs, adult retail stores and strip clubs (e.g. health and hygiene rules, signage rules, parking and traffic rules and anti-social behaviour regulations)

· summarise the responsibilities of brothel operators and SOOBs under the Prostitution Reform Act 2003 and

· summarise general regulations and provisions that relate to street based sex work

12. By providing this information in a single place, the Guide will assist in gaining compliance from the industry and maintain consistency of information. Table one provides some examples of the situations in which the Guide can be of value.

Table 1 Examples of commercial sex industry enquiries

	Examples of use
1	A neighbour suspects a house in her neighbourhood is a brothel and wants to know what action she should take	The Guide can · help identify the relevant location, operation and visibility rules for brothels and SOOBs in residential areas · help determine the type of breach (i.e. location rules, noise, signage or parking and traffic breach) · identify the relevant agency for compliance and enforcement
2	A brothel operator needs to identify relevant rules to set up a brothel	The Guide can · help the potential brothel owner identify the location rules, operational responsibilities and licenses required for a brothel owner · outline the relevant agencies and regulations the brothel owner will need to contact
3	A business owner wants to set up an adult retail store and wants to know how much ‘advertising’ of sex products is legal	The Guide can · help owner identify the signage and visibility rules and responsibilities relevant to sex shops

13. The Guide is a summary document and does not contain verbatim text of the regulations or rules. Instead, it expressly advises interested parties to consult with relevant central and local government rules and regulations as necessary.

Consultation with key stakeholders

14. Key agencies and stakeholders referenced in the Guide have been consulted. Table two outlines those consulted.

Table 2 Key stakeholders consulted

Key stakeholders

Interests

Auckland Regional Public Health

· Referenced in the Guide

· Medical officers of health ensure compliance with Prostitution Reform Act 2003

Ministry of Justice

· Referenced in the Guide

· District courts are responsible for brothel licencing under the Prostitution Reform Act 2003

Work Safe New Zealand

· Referenced in the Guide

· Interest in work place and employment safety. Published an ‘Occupational Health and Safety Guide for the Commercial Sex Industry’

Auckland Council

(Unitary Plan staff)

· Referenced in the Guide

· Ensure district plan provisions and rules within legacy district plans and Proposed Auckland Unitary Plan are accurately reflected in the Guide.

Auckland Council

(Bylaws staff)

· Referenced in the Guide

· Ensure rules within existing and proposed bylaws are accurately reflected in the Guide

Auckland Council

(Licensing and Compliance Services)

· Referenced in the Guide

· Ensure compliance with Health and Hygiene Bylaw 2013; Public Safety & Nuisance Bylaws 2014 and Proposed Signage Bylaw 2014.

New Zealand Prostitutes Collective

· Key interest group in ensuring the fair and safe operation of the commercial sex industry

Consideration

Local board views and implications

15. As part of the review of Auckland’s brothels and commercial sex premises bylaws, workshops were held with 20 local boards over June and July 2012. Local boards have also been provided with updates throughout the Commercial Sex Industry Programme.

16. As the Guide does not propose any new regulation or regulatory approaches, no additional local board engagement was undertaken as part of the development of this Guide.

Māori impact statement

17. The Independent Māori Statutory Board has been provided with updates throughout the Commercial Sex Industry Programme. Policy staff have also met with relevant Māori stakeholders to discuss issues associated with the commercial sex industry in Auckland.

18. As the Guide does not propose any new regulation or regulatory approaches, no additional consultation was undertaken with Māori stakeholders or the Independent Māori Statutory Board.

Implementation

19. A Communications Plan is important to encourage interested parties to use the Guide. Staff will work with the Corporate Communications team to develop a relevant communications plan. As part of the communications, staff will:

· publish the Guide in a user friendly template on the Auckland Council website by the end of January 2015

· prepare a frequently asked questions section to assist interested parties navigate the Guide

· forward a soft copy of this report and the Guide to all local boards

· update I-Know and Auckland Council contact staff.

Attachments

No.	Title	Page
a View	Auckland Council Guide to Commercial Sex Industry Regulation	141

Signatories

Authors

Jasmin Kaur - Policy Analyst

Callum Thorpe - Principal Policy Analyst

Authorisers

Anaru Vercoe - Manager, Community Policy & Planning

Roger Blakeley - Chief Planning Officer

Dean Kimpton - Chief Operating Officer

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