Agenda of Devonport-Takapuna Local Board

I hereby give notice that an ordinary meeting of the Devonport-Takapuna Local Board will be held on:

Date:

Time:

Meeting Room:

Venue:

Tuesday, 17 February 2015

6.00pm

Devonport-Takapuna Local Board Chamber
Takapuna Service Centre
Level 3
1 The Strand
Takapuna

Devonport-Takapuna Local Board

OPEN AGENDA

MEMBERSHIP

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

(Quorum 3 members)

Neda Durdevic

Democracy Advisor

10 February 2015

Contact Telephone: (09) 486 8593

Email: Neda.Durdevic@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

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

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

Devonport-Takapuna Local Board

17 February 2015

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

9 Public Forum 5

10 Extraordinary Business 5

11 Notices of Motion 6

12 Quarterly performance report for the period ending 31 December 2014 7

13 Devonport-Takapuna Local Board Discretionary Community Funding - Devonport Community House 59

14 Auckland Transport update on issues raised in December 2014 and January 2015 for the Devonport-Takapuna Local Board 67

15 Local board input on the draft Regional Land Transport Plan 2015-2025 77

16 Alcohol Licensing applications - exercising the Board's delegated authority 209

17 Local Board delegations for Have Your Say events 211

18 Approval of the Gould Reserve Playground concept plan 213

19 Release of confidential minutes - Special Housing Area (SHAs) Tranche 4 217

20 Ward Councillors Update 225

21 Board Members' reports 227

22 Chairperson's reports 229

23 Record of Briefing/Community Forum - 2 December 2014 231

24 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 279

25 Consideration of Extraordinary Items

PUBLIC EXCLUDED

26 Procedural Motion to Exclude the Public 283

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

a. 64B Heathcote Road, Castor Bay 283

b. 1 Derby Street, Devonport 283

c. 118 Calliope Road, Devonport 283

1 Welcome

2 Apologies

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

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 9 December 2014 as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

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

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

9 Public Forum

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

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

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

11 Notices of Motion

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

Devonport-Takapuna Local Board

17 February 2015

Quarterly performance report for the period ending 31 December 2014

File No.: CP2015/00111

Purpose

1. To update Devonport-Takapuna Local Board members on progress towards their objectives for the year from 1 July 2014 to 30 June 2015, as set out in the local board agreement.

Executive Summary

2. A financial performance report is presented to local boards for the accounting quarters ending September, December, March and June.

3. Auckland Council departments and Council Controlled Organisations (CCOs) also present regular performance reports to local boards.

4. To improve overall performance reporting, the Financial Advisory Services – Local Boards team produces a combined quarterly financial report, department report and CCO report.

5. The attached omnibus consolidation contains the following reports this quarter:

· Local Community Development, Arts and Culture (CDAC) activity overview;

· Local Libraries overview;

· Local Sports Parks and Recreation overview;

· Local Infrastructure and Environmental Services (IES) overview;

· Local board financial performance report;

· ATEED report; and

· Treasury report.

6. The full report is attached as Attachment A.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Performance Report for the period ended 31 December 2014.

Discussion

7. The performance report is for information only. No actions are required.

Consideration

Local Board Views and Implications

8. This report informs the Devonport-Takapuna Local Board of the performance to date for the period ending 31 December 2014.

Maori Impact Statement

9. Maori as stakeholders in the council are affected and have an interest in any report on financial results. However, this report does not impact specific outcomes or activities. As such, the content of this report has no particular benefit to, or adverse effect on Maori.

Implementation Issues

10. There are no implementation issues.

Attachments

No.	Title	Page
a View	Quarterly Performance Report	9

Signatories

Authors

Pramod Nair - Lead Financial Advisor

Authorisers

Eric Perry - Relationship Manager

Christine Watson - Manager Financial Advisory Services - Local Boards

Devonport-Takapuna Local Board

17 February 2015

Devonport-Takapuna Local Board Discretionary Community Funding - Devonport Community House

File No.: CP2015/00136

Purpose

1. The purpose of this report is to present an application received from the Devonport Community House for the Devonport-Takapuna Local Board Community Funding Programme 2014/2015. The Devonport-Takapuna Local Board is required to fund, part-fund or decline this application.

Executive Summary

2. For the 2014/2015 financial year, the Devonport-Takapuna Local Board set a total community funding budget of $37,218.

3. In the first round of funding the Devonport-Takapuna Local Board allocated a total amount of $18,609 to seven different community organisations and projects. The remaining unallocated budget for the 2014/2015 financial year is $18,609.

4. The Devonport Community House originally submitted an application to the Strengthening Communities Fund, round one 2014/2015 for consideration (Attachment A). The application was declined by the Devonport-Takapuna, Kaipātiki, Upper Harbour and East Coast Bays Subdivision Local Board Funding Subcommittee at their meeting on 17 November 2014.

5. Devonport-Takapuna Local Board members on the committee requested that the application be presented to the Devonport-Takapuna Local Board for consideration. This application is to be considered outside of the local board’s two scheduled funding rounds.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) considers the application from the Devonport Community House requesting $1,600 towards heating, staff salaries and flier design for the weekend play programme at Devonport Community House between May 2015 to October 2015.

Discussion

6. The attached application from the Devonport Community House was originally submitted to round one of the Strengthening Communities Fund, 2014-2015 for consideration. The application was considered by the Devonport-Takapuna, Kaipātiki and Upper Harbour and East Coast Bays Subdivision Local Board Funding Subcommittee at their meeting on 17 November 2014.

7. The Devonport-Takapuna, Kaipātiki and Upper Harbour and East Coast Bays Subdivision Local Board Funding Subcommittee declined this application as it did not fit the criteria of the Strengthening Communities Fund.

8. Devonport-Takapuna Local Board members of the sub-committee requested that the Devonport Community House application be presented for consideration to the Devonport-Takapuna Local Board.

9. Two community funding rounds are scheduled for this financial year. This first round closed on 15 July 2014. The application from the Devonport Community House is being considered outside of these two rounds.

10. Through community grants, the local board recognises the vital role that community groups and organisations play in developing strong, sustainable communities. The Devonport-Takapuna Local Board Community Discretionary Fund aims to assist groups to provide activities, projects, programmes, initiatives and events that make a positive contribution within the local board area.

11. When reviewing applications, the local board should be guided by the following (these are not eligibility criteria; rather they are guidelines to help the local board when considering the merits of each proposal):

· the reach of the proposal;

· the proposal’s legacy and sustainability;

· the proposal’s potential to grow and develop beyond the initial project;

· the applicant’s current and future role in the local area;

· the applicant’s experience working within Devonport-Takapuna area;

· the extent to which the applicant can support future plans and development for Devonport-Takapuna;

· whether the proposal aligns with the priorities and objectives of the local board; and

12. This fund is allocated at the local board’s discretion. In accordance with its fiduciary duties, the local board is to act honestly, avoid conflicts of interest and act in what the local board believes to be the best interests of the community when making decisions.

13. For the 2014/2015 financial year the Devonport-Takapuna Local Board set a total community funding budget of $37,218. In round one of community funding, the Devonport-Takapuna Local Board allocated a total amount of $18,609, leaving an unallocated budget of $18,609 for the remainder of the 2014/2015 financial year.

Consideration

Local Board Views and Implications

14. This application is being presented to the local board for consideration at the request of the local board members on the subcommittee. Local board feedback regarding the details of the Devonport Community House application has not been sought prior to the meeting.

Maori Impact Statement

15. Community funding is a general programme of interest and accessible to a wide range of groups, including Maori. Maori are therefore likely to benefit alongside other groups in the community.

Implementation Issues

16. The allocation of grants to community groups is within the adopted annual plan.

17. Following the decisions made by the Devonport-Takapuna Local Board, Community Development, Arts and Culture staff will notify the applicant of the local board decision.

Attachments

No.	Title	Page
a View	Devonport Community House Application Summary	63

Signatories

Authors

Kim Hammond - Community Grants and Support Officer West

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 February 2015

Attachment A: Devonport Community House Application Summary

Devonport Community House
Weekend Play
Local Board applied to						Application number
Community Development North, North - Strengthening Communities Fund, 2014/2015 Round 1						SCF-15042
Organisation Information
*Postal Address*		32 Clarence Street Devonport Auckland 0624
*Physical Address*		32 Clarence Street Devonport Devonport Auckland 0624
*Website*		http://www.devonportcomhouse.co.nz
*Legal Status*		Incorporated society
*Affiliation*
*Year Founded*		1979
*Objectives*		The primary objective of the Community House is to enhance the social and cultural wellbeing of Devonport residents by providing accessible and affordable opportunities for people of all ages, cultures and interests to come together in a safe and supportive environment.
*Activities*		The Community House term programme is extensive benefiting all ages and interest groups in Devonport and the wider North Shore. We balance our programme to ensure there are activities for all age groups: seniors, families, youth and children and a wide range of interests including holistic, spiritual, exercise and health, dance, arts, special interests. We support and train volunteers in a wide variety of roles: After School Care; Holiday Programmes; OP Shop assistants; as Civil Defence Welfare Centre Volunteers; Management Committee; Welcome to Devonport; New residents meetings; maintenance; gardening; fundraising; events. We continually network in our community and liaise with other organisations to meet the needs of our residents and to welcome and support new residents.
*Umbrella organisation*
Contact details
*Primary contact*		Rebecca McMillan Manager
*Primary office holder*		Karleen Reeve Chairperson
Funding history
Funding type	Year funding allocated		Funding value				Funding purpose
Local Events Support Fund	2014/2015		Approved $0.00				Community House Christmas Carnival
Local Events Support Fund	2014/2015		Approved $1,000.00				Devonport Childrens Art Festival
Community Development North			Undecided $0.00				Weekend Play
Community Development North	2014/2015		Undecided $0.00				Caring for Our Community
Community Development North	2014/2015		Approved $2,200.00				Retractable Awning
Creative Communities Scheme	2014/2015		Approved $0.00				Devonport Arts Festival
Contract Funding	2012/2013		$30,858.73				Contract Funding
Contract Funding	2013/2014		$41,434.00				Contract Funding
Contract Funding	2014/2015		$41,848.00				Contract Funding
Project activity/description
*What is your project/activity called?*
Weekend Play
*What is your project/activity?*
Weekend Play is a preschool plus programme for local families with children up to age of 6. The purpose of the project is to give local families an indoor play alternative on Sunday mornings in the winter months during term 2 and 3.
*What activity or purchase will be funded through this grant?*
Promotion and programme costs
*Indicative dates for the project/activity?*
03/05/2015 - 04/10/2015
*How many of your organisation volunteers will be involved in the activity/project?*
10 volunteers					50 hours
How many of your organisations paid staff will be involved in the activity/project?
2 paid staff
*Will any other organisations be collaborating with you in the activity/project? Please list them and indicate their role*

*How will you acknowledge the Local Board if your application is successful?*
We would acknowledge funding on our website, in our annual report, on promotional and programme materials and in our monthly column in the Flagstaff newspaper.
Community benefits
*Where is the activity taking place?*
Devonport Community House
*What are the constituencies for your activity/project?*
Community support, Children and/or young people:
*What is the main sector that benefits?*
Children and/or young people: ,
*What local board area will benefit from your activity/project? What percentage of your activity will take place in each of these areas?*
*Local board benefiting*								*How much have you requested from other Local boards?*			*% of total benefit*
Devonport-Takapuna								$			100 %
								$			%
*How have you established there is a need for this activity/project?*
On cold and/or rainy Sunday mornings in the winter months there are no local facilities that currently provide a large indoor play space with equipment for young families to get out of the house burn off some energy and socialise with others their own age on mornings when the parks and beaches are not an option. It also provides an opportunity for families to catch up and meet new people in an environment that is safe and child friendly and does not involve a drive up Lake Rd to a commercial playground alternatives.
*What difference will the activity/project make to the target community?*
This programme will provide a fun morning session 3 Sundays per month in term 2 and 3 for young families in the Devonport-Takapuna Local Board Area . It will also provide valuable employment and volunteering experiences for local youth.
*How will you know if you have made this difference?*
Feedback received from attendees and numbers attended.
*What expertise does your organisation have in delivering similar projects?*
The Community House offers a range of preschool programmes during term time and some of the tutors are keen to be involved in some of the Sunday sessions. We also have a number of local youth volunteers, some of whom have to fulfil Duke of Edinburgh requirements, available to assist.
Activity/project budget
*Please provide itemised costs of the project and show how much of each item is too be funded by this grant?*
*Expenditure item*					*Total cost of item*				*Amount to be funded by grant*
Heating					$250.00				$200.00
Staff					$1200.00				$1200.00
Art Station materials					$100.00				$
New play equipment					$2000.00				$
Flyer design					$200.00				$200.00
*What is the total cost of the project?*
$3750.00
*How much of your own funds is your organisation contributing to the project/activity?*
$ 500.00
*What is the total amount you are requesting from the Local Board?*
$ 1600.00
*How will you raise the difference between the total expenditure and the grant request? (if necessary)*
Fundraising ,sponsorship and $2 per family entry charge
*Have you (or will you) apply to any other organisation for funding for your activity/project?*
Name of funder				Amount applied for				Status of request		Amount received
				$						$

Devonport-Takapuna Local Board

17 February 2015

Auckland Transport update on issues raised in December 2014 and January 2015 for the Devonport-Takapuna Local Board

File No.: CP2015/00740

Purpose

1. This report provides an update on transport related issues raised by local board members during December 2014 and January 2015. It also includes general information about matters of interest to the Local Board and Attachment A, the Schedule of Issues raised in December 2014 and January 2015.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Auckland Transport December 2014 and January 2015 Issues update.

Discussion

Auckland Transport News

City Rail Link Lines

2. Aucklanders using Britomart can see on the ground exactly where their future journey could take them.

3. Bright red lines tracking across lower Queen Street show where the City Rail Link (CRL) tunnels will go when the project starts next year. The painted lines mark the centre of each of the two tunnels that will be built from the Central Post Office, under Queen Street and the square before heading up Albert Street and eventually to Mt Eden.

4. With construction of the enabling works for the CRL only a year away, the red lines signal the approaching works and that the City Rail Link is not far away.

5. The CRL works will change the face of the downtown area for about three years. When the works start, buses will be re-routed, Britomart’s entrance will be relocated to the east end and through traffic will be diverted from Albert Street to provide access for tunnel construction. An information programme is being prepared in the lead up to the work with tenders for the detailed design closed and award planned for February 2015.

Auckland Transport Board Meetings

6. Copies of Auckland Transport Board meeting open agendas are on the Auckland Transport website. These are updated online 3 days prior to each Board meeting and available to view by anyone who is interested on the link below.

https://at.govt.nz/about-us/our-role-organisation/meetings-minutes

Draft Regional Land Transport Plan released

7. Auckland Transport (AT) has released the draft Regional Land transport Plan (RLTP) which will now go to public consultation.

8. The draft RLTP is a plan of how transport providers intend to respond to growth and other challenges facing Auckland over the next ten years. It includes a ten year prioritised delivery programme of transport services and activities for Auckland, and is the combined transport programmes of the NZ Transport Agency (NZTA), AT and KiwiRail.

9. The draft RLTP allocates anticipated funding from Auckland Council and revenue from transport services (such as parking and public transport fares), and forms the prioritisation process for seeking funds from the National Land Transport Fund. It's a statutory requirement that NZTA and AT revise the RLTP every three years.

10. The opportunity for feedback on the draft Regional Land Transport Plan will be open until 4pm Monday 16 March 2015.

Consideration

Local Board Views and Implications

11. This report is for the Local Board’s information.

Maori Impact Statement

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

General

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

Implementation Issues

14. There are no implementation issues.

Attachments

No.	Title	Page
a View	Devonport-Takapuna issues raised during December 2014 and January 2015	71

Signatories

Authors	Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport
Authoriser	Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Devonport-Takapuna Local Board

17 February 2015

Local board input on the draft Regional Land Transport Plan 2015-2025

File No.: CP2015/00652

Purpose

1. To outline options for local boards to provide feedback on the draft Regional Land Transport Plan 2015-2025 (RLTP), and agree the approach that the Devonport-Takapuna Local Board will take to provide their feedback.

Executive Summary

2. The draft Regional Land Transport Plan 2015-2025 (RLTP) was endorsed by the Auckland Transport Board at their 16 December 2014 meeting. It sets out the programme of work Auckland Transport (AT) proposes to deliver over the next ten years, within the funding available, and the models used to prioritise projects. The draft RLTP is presented as Attachment A.

3. Local boards had opportunity at three different workshops in 2014 to discuss the RLTP process, prioritisation mechanisms and proposed projects with Auckland Transport management and staff.

4. Following on from these workshops, local boards are now encouraged to provide formal feedback about the draft RLTP. There are two ways boards can do this, however AT would encourage boards to take up both opportunities:

· Speak at the AT Transport Stakeholder event taking place on the 10 and 11 March. This is a hearing style event where local board members will be heard by members of the AT Board, or

· Provide written feedback to AT by 16 March.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) agree to provide feedback to Auckland Transport on the draft Regional Land Transport Plan 2015-2025 by:

i) speaking at the Auckland Transport Transport Stakeholder event.

ii) providing written feedback to Auckland Transport.

b) delegate to the Chairperson and the transport portfolio holders the power to speak on behalf of the board at the Auckland Transport Transport Stakeholder event.

c) delegate to the Chairperson and the transport portfolio holders the power to approve the board’s written feedback to Auckland Transport on the draft Regional Land Transport Plan 2015-2025.

Discussion

Draft RLTP

5. The draft Regional Land Transport Plan 2015-2025 (RLTP) was endorsed by the Auckland Transport Board at their 16 December 2014 meeting. It sets out the programme of work Auckland Transport proposes to deliver over the next ten years, within the funding available, and the models used to prioritise projects.

6. In addition, the draft RLTP identifies an alternative transport investment package that may be possible if additional funding can be secured.

7. The council’s Long-term Plan (LTP) and the RLTP are developed under a very similar timeline and cover largely the same transport issues. Rather than consulting with Aucklanders on the same issues at the same time, this year a single consultation process will be used to seek Aucklanders’ feedback on transport and inform both the LTP and the RLTP. This consultation is taking place between 23 January and 16 March.

Local board input on the draft RLTP

8. Local boards had opportunity at three different workshops in 2014 to discuss the RLTP process, prioritisation mechanisms and proposed projects with Auckland Transport management and staff. Therefore boards should already be familiar with the broad direction of the draft RLTP and the constraints involved.

9. Following on from these workshops, local boards are now encouraged to provide formal feedback about the draft RLTP. There are two ways boards can do this, however AT would encourage boards to take up both opportunities.

· Speak at the AT Transport Stakeholder event that is taking place on the 10 and 11 March. This is a hearing style event where local board members will be heard by members of the AT board. From those boards speaking at these events, AT is seeking a written summary in advance of the event as well as written feedback (see below for details) that generally summarises and reflects their verbal presentations. Boards will need to delegate to member/s the power to speak on behalf of their board at this event.

· Provide written feedback to AT by the 16 March by delegating to member/s the power to approve the board’s written feedback prior to submitting it to AT.

10. These deadlines are important because Auckland Transport staff must analyse all submissions and prepare a revised draft of the RLTP for the April 2015 AT Board meeting. The revised draft RLTP must be provided to the New Zealand Transport Agency (NZTA) by 30 April to ensure central government considers Auckland’s programme alongside all other regional programmes from across New Zealand.

11. Local boards have already undertaken extensive community engagement to inform their local board plans and advocacy plans, including on transport. This is in addition to the ongoing conversations boards are having with their communities as part of the LTP and RLTP consultation. This information will be useful to inform local board feedback on the draft RLTP.

12. When providing feedback on the draft RLTP, it is useful to remember that:

a) it is the Governing Body, not AT, that will decide the level of funding that will be made available to deliver on the transport programme.

b) the RLTP presents a proposed programme of work that is able to be delivered within the funding the draft LTP has made available for transport.

13. Therefore if boards have feedback on the level of funding that has been allocated to transport in the LTP this can be advocated to the Governing Body. Feedback on the draft RLTP could focus on the proposed programme of work and the prioritisation model that has been used to determine this.

14. In addition to local boards providing feedback on the RLTP, the community also has the opportunity through the LTP/RLTP consultation to give their views to AT.

15. Local board feedback will be analysed along with all other feedback AT receives through the RLTP consultation. This will inform any amendments to the draft RLTP which will be reported back to the AT Board in April.

Consideration

Local Board Views and Implications

16. This report sets out how local boards have already been engaged in the development of the draft RLTP and how they can now choose to provide formal feedback.

Maori Impact Statement

17. This report is about how local boards can provide feedback to AT on the draft RLTP. In terms of the process boards can follow for this, there are no specific impacts on Māori. There may be some consideration in boards’ feedback to AT on how the transport programme affects Māori. In addition there are also two regional stakeholder hui that will take place as part of the LTP/RLTP consultation.

Implementation Issues

18. The final RLTP will be posted on AT’s website as soon as possible after adoption, and printed copies will be made available prior to the statutory deadline of 31 July 2015.

Attachments

No.	Title	Page
a View	Draft Regional Land Transport Plan 2015 - 2025	81

Signatories

Authorisers

Karen Lyons - Manager Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 February 2015

PDF Creator

Devonport-Takapuna Local Board

17 February 2015

Alcohol Licensing applications - exercising the Board's delegated authority

File No.: CP2014/29568

Purpose

1. This report describes a mechanism which would allow the Devonport-Takapuna Local Board to exercise its delegated authority to lodge objections to alcohol licensing applications.

Executive Summary

2. On 25th September 2014, the Governing Body delegated to local boards the power to object to alcohol licence applications (GB/2014/104). There are a number of practical constraints around exercising this delegated authority, including:

· there are only 15 working days from the first public notification of a licence application within which an objection can be lodged.

· objections can only be lodged on matters that fall within the ambit of section 105 of the Sale and Supply of Alcohol Act 2012.

· to be successful an objection will need to be supported by a good evidence base (N.B. The evidence required is not broad statements about alcohol harm, but evidence showing a ‘causal nexus’ between any harm and the particular application).

3. The board received a presentation on these issues at its Local Board Briefing / Community Forum meeting on 2nd December 2014. At that session the board indicated that it would prefer to utilise the expertise of the Regulatory and Economic Development portfolio leads (Member Hale and Deputy Chair Bergin respectively) to make the decision on whether or not to lodge an objection to a licence application. The board also indicated that, prior to the portfolio holders reaching a decision, it expected:

· all relevant information to be circulated to all board members, and that all board members be invited to any portfolio meetings to discuss an application.

· that any objection lodged be subsequently reported to the next board meeting for formal endorsement.

4. This report has been prepared to give the board the opportunity to formalise this arrangement pursuant to Standing Order 2.10.2.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) delegates the authority to lodge objections to alcohol licence applications to the Regulatory and Economic Development portfolio leads.

Attachments

There are no attachments for this report.

Signatories

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

Devonport-Takapuna Local Board

17 February 2015

Local Board delegations for Have Your Say events

File No.: CP2015/00276

Purpose

1. To provide for local board delegations for the public consultation process for the local board agreement in the Long-term Plan 2015-2025 (LTP).

Executive Summary

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

3. Recent changes to the Local Government Act 2002 provide council with more flexibility in how it consults with Aucklanders, in particular in how council can hear the views of Aucklanders. The consultation process is introducing a number of changes that satisfy legislative requirements while also enabling Aucklanders to engage in the public consultation process in a variety of ways to suit their personal preferences.

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

5. Aucklanders who choose to attend a HYS event will be able to present their views through spoken interaction with decision makers or their representatives. Local boards are decision makers for their local board agreements, which form a part of the LTP. As the governing body are also decision makers on local board agreements it is important that both hear feedback on local proposals.

6. To make sure that there are sufficient decision-makers (or delegates) to hear all the feedback provided if attendance is higher than expected for a HYS event, or if a board member is unable to attend, it is recommended that the local board make delegations to staff to hear on their behalf. At their meeting on 18 December the governing body made delegations to cover this risk.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) delegate to the following staff the power and responsibility to hear from the public on the local board agreement through “spoken interaction/NZ sign language interaction” at the “Have Your Say” events:

i) Tier 2 staff

ii) Tier 3 staff

iii) Local Board Relationship Manager, Local Board Senior Advisor, Local Board Advisor

iv) any additional staff approved by the Chair.

Discussion

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

· the key LTP issues including balancing affordability with progress; transport, rates and a more active development role for the council

· local priorities and proposals

· other regional matters

8. A range of options are available for the structure and format of these events. This flexibility will enable events to be tailored to account for the community preferences, logistical variations in the number of Aucklanders who attend, what they would like to talk about, and the number and mix of elected members available.

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

10. Aucklanders who choose to attend a HYS event will be able to present their views through spoken interaction with a decision maker or their representative. Local boards are decision makers for their local board agreements, which form a part of the LTP. If attendance is higher than expected for a HYS event, it may be difficult for the local board members present to hear all the feedback on local proposals. To manage this eventuality, it is recommended that the local board make delegations to staff to hear on their behalf. These delegations would only come into play if needed due to high public attendance at the HYS event. They are not intended to undermine the importance of local board members being present to hear from their communities.

11. Local board members attendance at the HYS event is important to enable them to hear the views of their communities on local proposals given the board’s decision making role. The HYS event also provides an important opportunity for local board members to hear the views of their communities on regional proposals to inform their advocacy.

Consideration

Local Board Views and Implications

12. Local board views have not been sought on this report as it is recommending a pragmatic delegation to staff to manage events that attract larger numbers.

Maori Impact Statement

13. Te Waka Angamua staff will attend all HYS events to facilitate and capture feedback from Maori participants. Therefore it is not anticipated that the recommendation in this report has a specific impact on Maori.

Attachments

There are no attachments for this report.

Signatories

Authors

Karen Titulaer - Senior Policy Advisor

Authorisers

Karen Lyons - Manager Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 February 2015

Approval of the Gould Reserve Playground concept plan

File No.: CP2015/01036

Purpose

1. The purpose of this report is to present the Gould Reserve Playground concept plan for approval.

Executive Summary

2. At a meeting of the Devonport-Takapuna Local Board (‘the board’) on 17 June 2014, the Board heard from Ms Jackie Kerridge about her proposal to install a new playground at the southern end of Gould Reserve.

3. At the same meeting, the board resolved to establish a working party to discuss the proposal and to recommend to the board any actions for implementing the proposal in a way that conforms with the Takapuna Beach Reserve Concept Plan and the Takapuna Beach Reserve Management Plan.

4. On 19 August 2014, the board resolved to allocate $30,000 of its discretionary operating expenditure to fund the project management of the playground, including (but not limited to) project brief development, consultation, consenting and detailed design development, subject to agreement by the playground working party. It also requested officers to prepare a memorandum of understanding (MoU) between the Takapuna Beach Playground Trust and the Devonport-Takapuna Local Board to construct a playground at Gould Reserve.

5. On the 19 January 2015, the working party considered a concept plan proposal for the playground. The proposal received unanimous support to be considered at a briefing of the board on 3 February 2015. A draft MoU was considered and approved by the working party subject to a number of changes.

6. The draft concept plan is included as Attachment A for consideration. At the time of writing the draft MoU was incomplete, but it will be tabled for approval by the board at the meeting.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) adopt the draft concept plan for the Gould Reserve playground included as Attachment A.

b) approve the draft memorandum of understanding between the Takapuna Playground Trust and the Devonport-Takapuna Local Board

c) approve the project to proceed to detailed design and construction, subject to compliance with the conditions of the memorandum of understanding

Attachments

No.	Title	Page
a View	Gould Reserve playground concept plan	215

Signatories

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

Devonport-Takapuna Local Board

17 February 2015

Release of confidential minutes - Special Housing Area (SHAs) Tranche 4

File No.: CP2014/29620

Purpose

1. The purpose of this report is to restate confidential resolutions relating to the Tranche 4 Special Housing Area (SHA) applications discussed at the 13 August 2014 meeting into the open section of the 17 February 2015 meeting.

Executive Summary

2. The Devonport-Takapuna Local Board (‘the board’) considered a report about Special Housing Area Tranche 4 applications at a public excluded extraordinary meeting of the Board held on 13 August 2014. As most Tranche 4 applications are now a matter of public record, the confidential minutes of the 13 August 2014 meeting can be restated on an open agenda, except where they relate to applications that have not yet been approved by central government. Auckland Council and central government jointly released notification of approved Tranche 4 Special Housing Areas on 12 September 2014.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) restate the confidential resolutions of the 13 August 2014 board meeting relating to Tranche 4 Special Housing Area (SHA) applications as outlined in Attachment A to the report, noting that information pertaining to applications not yet approved by central government remain confidential under the provisions of section 7(2)(c)(ii) of the Local Government Official Meetings and Information Act 1987.

Discussion

3. On 13 August 2014, the board provided its views and preferences on a number of SHA applications in a public excluded meeting. The public was excluded from that meeting on the basis of section 7(2)(c)(ii) of the Local Government Official Meetings and Information Act 1987. Since then several of the Tranche 4 Special Housing Area (SHA) applications have been approved by central government and are now a matter of public record.

4. At the August meeting, the board resolved as follows (resolutions abbreviated):

C1 Tranche 4 Special Housing Areas in the Devonport-Takapuna Local Board Area

Resolution number DT/2014/192

That the Devonport-Takapuna Local Board:

h) agrees that resolutions a) to g) not be restated until such a time as

confidentiality expires to be determined by the Chairperson on advice from

staff.

Resolution number DT/2014/193

l) agrees that resolutions i) to k) not be restated until such a time as

confidentiality expires to be determined by the Chairperson on advice from

staff.

5. The full resolutions are included as part of Attachment A.

6. Confidential resolutions of the 13 August 2014 meeting can now be released for public information, except where they relate to applications that have not been approved by central government. Section 7(2)(c)(ii) of the Local Government Official Meetings and Information Act 1987 still applies to applications which have not yet been made public.

7. The redacted minutes of the 13 August 2014 extraordinary meeting are included as Attachment A.

Consideration

Local Board Views and Implications

8. Information considered by the board with the public excluded must remain confidential until the reasons for confidentiality no longer exist. As the information relating to successful Tranche 4 applications is already a matter of public record, and the board’s confidential resolutions could not be released until the Tranche 4 Special Housing Areas were publicly notified by central government, this report is an administrative formality for information.

Maori Impact Statement

9. The release of the redacted minutes in Attachment A is of no particular significance to Maori.

Implementation Issues

10. There are no implementation issues

Attachments

No.	Title	Page
a View	Redacted minutes of the August 13 2014 meeting	219

Signatories

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

Devonport-Takapuna Local Board

17 February 2015

Record of Briefing/Community Forum - 2 December 2014

File No.: CP2014/29657

Purpose

1. The purpose of this report is to record the Devonport-Takapuna Local Board Briefing and Community Forums held on 2 December 2014.

Executive Summary

2. At the Briefing and Community Forum held on 2 December 2014, the Devonport-Takapuna Local Board heard briefings on:

i. Confidential – Seapath

ii. Confidential – Greenways

iii. Confidential – Gasometer Site

iv. Open Space Provision Guidelines

v. Process of objecting to Liquor Licences

vi. Community Forum:

· Bevan Dennison, Takapuna Community Constable and Jackie Strickland, Devonport Community Constable

3. The record of the Briefing and Community Forum held on 2 December 2014 is attached to this report as Attachment A.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Records of the Briefing and Community Forum held on 2 December 2014.

Attachments

No.	Title	Page
a View	December 2 2014 Record of Briefing and Community Forum	233

Signatories

Authors	Neda Durdevic - Democracy Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 February 2015

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

File No.: CP2015/00032

Purpose

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

Executive summary

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

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the applications from:

i) 64B Heathcote Road, Castor Bay

ii) 1 Derby Street, Devonport

iii) 118 Calliope Road, Devonport

b) grant the 64B Heathcote Road, Castor Bay application with the condition that the trellis is covered; clause (a-k) is met at all times; that the spa pool remain in the same location as on the day of inspection, and is granted to current owner.

c) grant the 1 Derby Street, Devonport application with the condition that; clause (a-k) is met at all times; that the spa pool remain in the same location as on the day of inspection, and is granted to the current owner.

d) grant the 118 Calliope Road, Devonport application with the condition that; clause (a-k) is met at all times; that the spa pool remain in the same location as on the day of inspection, and is granted to the current owner.

Comments

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

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

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

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

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

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

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

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

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

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

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

Consideration

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

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

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

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

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

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

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

Local board views and implications

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

Maori impact statement

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

General

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

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

Implementation

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

Attachments

No.	Title	Page
a View	64B Heathcote Road, Castor Bay (Under Separate Cover) - Confidential
b View	1 Derby Street, Devonport (Under Separate Cover) - Confidential
c View	118 Calliope Road, Devonport (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Barry Smedts - Manager Compliance

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

17 February 2015

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Devonport-Takapuna Local Board:

a) exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

24 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 64B Heathcote Road, Castor Bay

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains the applicants details..

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

24 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment b - 1 Derby Street, Devonport

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains the applicants details..

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

24 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment c - 118 Calliope Road, Devonport

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains the applicants details..

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.