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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Wednesday, 11 February 2015

9.00am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Kay McIntyre, QSM

 

Deputy Chairperson

Ann Hartley, JP

 

Members

Dr Grant Gillon

 

 

John Gillon

 

 

Danielle Grant

 

 

Richard Hills

 

 

Lorene Pigg

 

 

Lindsay Waugh

 

 

(Quorum 4 members)

 

 

 

Neda Durdevic

Democracy Advisor

 

2 February 2015

 

Contact Telephone: (09) 486 8593

Email: Neda.Durdevic@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 

Kaipātiki Local Board area

 

 

 


Kaipātiki Local Board Members

 

 

Kay McIntyre QSM

Chairperson

Ph 09 484 8383

DDI 09 484 8987

Mobile 021 287 8844

kay.mcintyre@aucklandcouncil.govt.nz

 

Portfolios:

·      Finance – lead

·      Planning, policy and governance – lead

·     Built environment, streetscapes and urban design – alternate

 

Ann Hartley JP

Deputy Chairperson

Mob 027 490 6909

Office 09 484 8383

Home 09 483 7572

ann.hartley@aucklandcouncil.govt.nz

 

Portfolios:

·      Community Development and Facilities – lead

·      Sport, recreation services and parks (active) – lead

·      Parks, reserves and playgrounds (passive) – alternate

·      Planning, policy and governance – alternate

·     Regulatory, bylaws and compliance – alternate

 

 

Danielle Grant

Local Board Member

Mob 021 835 724

Office 09 484 8383

Home 09 442 1271

danielle.grant@aucklandcouncil.govt.nz

 

Portfolios:

·       Arts, culture and events services – lead

·       Economic development – lead

·       Natural environment – alternate

 

 

Grant Gillon MPP, PhD

Local Board Member

Mob 027 476 4679

Office 09 484 8383

grant.gillon@aucklandcouncil.govt.nz

 

Portfolios:

·      Natural environment – lead

·      Regulatory, bylaws and compliance – lead

·     Libraries – alternate

 

John Gillon

Local Board Member

Mob 021 286 2288

Office 09 484 8383

Home 09 443 1683

john.gillon@aucklandcouncil.govt.nz

 

Portfolios:

·       Libraries – lead

·       Parks, reserves and playgrounds (passive) – lead

·       Civil defence and emergency management – alternate

 

Lindsay Waugh

Local Board Member

Mob 021 287 1155

Office 09 484 8383

Home 09 418 1620

lindsay.waugh@aucklandcouncil.govt.nz

 

Portfolios:

·      Built environment, streetscapes and urban design – lead

·      Arts, culture and events services – alternate

·      Transport and infrastructure – alternate

 

 

Lorene Pigg

Local Board Member

Mob 021 839 375

Office 09 484 8383

lorene.pigg@aucklandcouncil.govt.nz

 

Portfolios:

·       Civil defence and emergency management – lead

·       Finance – alternate

·       Sport, recreation services and parks (active) – alternate

 

 

Richard Hills

Local Board Member

Mob 021 286 4411

Office 09 484 8383

richard.hills@aucklandcouncil.govt.nz

 

Portfolios:

·       Transport and infrastructure – lead

·       Community Development and Facilities – alternate

·       Economic development – alternate

 

 


Kaipātiki Local Board

11 February 2015

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Welcome                                                                                                                         7

2          Apologies                                                                                                                        7

3          Declaration of Interest                                                                                                   7

4          Confirmation of Minutes                                                                                               7

5          Leave of Absence                                                                                                          7

6          Acknowledgements                                                                                                       7

7          Petitions                                                                                                                          7

8          Deputations                                                                                                                    7

9          Public Forum                                                                                                                  7

10        Extraordinary Business                                                                                                7

11        Notices of Motion                                                                                                          8

12        Open Unconfirmed Meeting Minutes Kaipatiki Local Board, Wednesday 10 December 2014                                                                                                                                 9

13        Local Board Services Quarterly Report - Kaipatiki Local Board                           29

14        Quarterly performance report for the period ending 31 December 2014             67

15        Auckland Transport update on issues raised in December 2014 and January 2015 for the Kaipatiki Local Board                                                                                                115

16        Kaipatiki Community Facilities Trust Quarterly Report                                       121

17        Draft Partnering Agreement - Thriving Communities in Kaipātiki                      151

18        Local board input on the draft Regional Land Transport Plan 2015-2025          157

19        Local Board delegations for Have Your Say events                                              289

20        Members' Reports                                                                                                     291

21        Governing Body Members' Update                                                                         293

22        Record of Kaipatiki Local Board Portfolio Briefings held in December 2014    295

23        Generic Reports received for information - December 2014                                307

24        Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987                                                                                        309  

25        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

26        Procedural Motion to Exclude the Public                                                               313

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

a.      14 Agincourt Street, Glenfield                                                                        313

b.      41 Neptune Avenue, Beach Haven                                                                 313  

 


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 Kaipātiki Local Board:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 10 December 2014, as a true and correct record, subject to the following amendment to item 13, resolution KT/2014/238 as follows:

              i.       Member John Gillon abstained from voting on the below resolution f), is to be amended to resolution n).

 

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 Kaipātiki 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.

 


Kaipātiki Local Board

11 February 2015

 

 

Open Unconfirmed Meeting Minutes Kaipatiki Local Board, Wednesday 10 December 2014

 

File No.: CP2014/29413

 

  

 

Purpose

The open unconfirmed minutes of the Kaipatiki Local Board meeting held on Wednesday, 10 December 2014, are attached at item 12 of the Agenda for the information of the board only.

 

Recommendation/s

That the Kaipātiki Local Board:

a)      note that the open unconfirmed minutes of the Kaipātiki Local Board meeting held on Wednesday, 10 December 2014 are attached at Item 12 of the agenda for the information of the board only, and will be confirmed under item 4 of the agenda.

Attachments

No.

Title

Page

aView

Kaipatiki Local Board 10 December 2014 Minutes

11

      

Signatories

Authors

Bianca Wildish - Democracy Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


Kaipātiki Local Board

11 February 2015

 

 

Local Board Services Quarterly Report - Kaipatiki Local Board

 

File No.: CP2015/00457

 

  

 

Purpose

1.       The purpose of this report is to update the board on various council and Council-controlled organisation activities impacting Kaipātiki.

Executive summary

2.       This is the Local Board Services quarterly report for the second quarter of the financial year 2014/2015

3.       Previously this report has provided an update on strategic areas as previously defined by the board. This report for the first time provides updates structured around the Local Board Plan outcomes, namely:

·     Proud, positive communities that embrace the diversity of Kaipātiki

·     Green open spaces and environments that enable active and healthy lifestyles and protect our natural heritage

·     A connected Kaipātiki through a range of transport links both within and beyond our area

·     Vibrant town and village centres and a thriving local economy

·     Community facilities, assets and services that are high quality, well managed and meet our communities’ needs

4.       This report provides high level updates only against initiatives which are currently being progressed. More detailed operational performance and finance information is contained within the ‘Quarterly Performance Report’.

 

Recommendation/s

That the Kaipātiki Local Board:

a)      Approve the allocation of $8,000 SLIPs budget as a contribution to the development and set-up of booking management system for Beach Haven Leisure Centre

 

Comments

5.       There were no board workshops held in December 2014 or January 2015.

6.       The following cluster/regional workshops took place in December 2014 (none were held in January 2014):

a)    Guest Speaker – Professor Jean Hartley, Public Service and Governance Innovation (4 December)

b)    Local board briefing on Community Facilities Network Plan and Community Grants Implementation (4 December)

c)    Political Advisory Group – Community Development and Safety Model (small number of Chairs only) (17 December)

 

 

 

 

Local Board Plan Outcome Updates

██    Proud, positive communities that embrace the diversity of Kaipātiki

Strengthen partnership with the Kaipātiki Community Facilities Trust

7.       Work on strengthening the partnership is underway, with the draft Partnering Agreement appearing elsewhere on this agenda. Work on developing the agreement has been collaborative between council staff, trust staff and the chairs of both the trust and the local board.

8.       Continuing work on the board’s Locally Driven Initiatives budget as part of the Local Board Agreement for 2015/2016 will consider how best to approach funding the trust going forward.

Develop a community-led youth facility

9.       In December, the board resolved the following in relation to this initiative:

Resolution number KT/2014/1

MOVED by Member R Hills, seconded by Chairperson K McIntyre:  

That the Kaipātiki Local Board:

a)      endorse the repurposing of Marlborough Park Hall as a youth facility subject to further feasibility investigations, concept design and Long Term Plan 2015-2025 (LTP) funding, noting that this project will deliver on the Kaipātiki Local Board Plan aspiration to ‘develop a community-led youth facility’ and contribute to the Auckland Plan transformational shift to ‘dramatically accelerate the prospects of Auckland’s children and young people’.

b)      endorse health and wellbeing (mental, physical and emotional), employment readiness and connection, as priority outcomes for a youth facility.

c)      request the commencement of a concept design for refurbishment of Marlborough Park Hall as a youth facility utilising $30,000 of the board’s discretionary operational budget for 2014/2015.

d)      delegate authority to a political working party consisting of Chairperson Kay McIntyre, Deputy Chairperson Ann Hartley, Member Lorene Pigg, and Member Richard Hills (and Member Danielle Grant as an alternate for Member Lorene Pigg) to make decisions associated with the concept design for the repurposing and refurbishment of Marlborough Park Hall, noting that this working party is open to all Kaipātiki local board members to attend at any time.

e)      request a report on governance and management options for a repurposed Marlborough Park Hall, including estimated annual operating costs of the facility.

f)       note additional operational expenditure for a repurposed Marlborough Park Hall may have to be sourced in part by the Kaipātiki Local Board.

g)      note that staff will need to begin a process to engage with current users regarding the board’s intention to repurpose the hall.

h)      request that any final decision-making in relation to concept design is brought back before the board.

10.     Work to progress these resolutions has progressed with a first meeting of the political working party taking place on 28 January. The next steps for the project include work to develop concept design options which will be considered by a group of key stakeholders and youth. Work will also commence on developing governance and management options. The current timeline anticipates that reports will be presented to the board in August and September on the governance and management options and the final draft concept design respectively.

11.     The draft long-term plan which is currently open for consultation includes a budget line for this project of $320,000 in 2015/2016 and $320,000 in 2016/2017.

Funding for our communities

12.     The board will soon be considering how it plans to manage its local grant schemes in 2015/2016, within the regional framework set out in the Community Grants Policy .

Undertake placemaking initiatives in local neighbourhoods

13.     The Bayview placemaking group has now become a sub-committee of the Bayview Community Centre. As such, and following discussions with the group, they are requesting a re-allocation of some of the funds (totalling $38,500) previously allocated by the board to the Kaipātiki Community Facilities Trust to manage on their behalf. Further detail is provided in Attachment A and B.

██    Green open spaces and environments that enable active and healthy lifestyles and

protect our natural heritage

Developing 136 Birkdale Road

14.     In December, the board resolved the following in relation to this initiative:

Resolution number KT/2014/2

MOVED by Chairperson K McIntyre, seconded by Member R Hills:  

          That the Kaipātiki Local Board:

          a)      approve further investigation into the proposal to develop 134 and 136 Birkdale Road as a campus type community space, providing local park space for natural play, community house and early learning centre (ELC) services, outside and inside space for learning about and connecting with sustainable living, and space for the North Shore Resource Centre.

          b)           allocate $30,000 from the 2014/2015 discretionary opex budget to:

          i.   produce a site concept plan for the whole site that investigates the feasibility of this proposal from the perspective of the physical environment;

          ii.   explore the capital costs involved to develop the site over time in potentially a staged manner; and

          iii.  explore the campus model from an operational perspective and associated potential operational costs.

          c)      request a report from relevant officers as to the costs and process for gazetting 134 and 136 Birkdale Road as a reserve under the Reserves Act.

15.     Further work will soon be underway with the key stakeholder group to progress these resolutions.

Implement the Kaipātiki Network Connections Plan

16.     Work on tracks in both Le Roys Bush and Kauri Point Centennial Park is now underway. Both projects represent significant investment and a milestone in the implementation of the connections plan.

17.     Work is also underway to plan for the next phase of connections to be progressed in 2015/2016.

Deliver comprehensive signage and information on our tracks and connections through Kaipātiki

18.     A number of signage and way-finding projects have been combined and are progressing, including signage in Kauri Glen, Onepoto Domain, Marlborough Park, McFetridge Park and Tuff Crater.

Other current parks projects

19.     A full schedule of current parks projects and status has been circulated to members. This schedule has been updated to reflect the board’s decision of December 2014 to proceed with the work programme for 2014/2015 as previously approved, utilising un-allocated SLIPs budget to meet the identified funding shortfall.

██    A connected Kaipātiki through a range of transport links both within and beyond our  area

Advocate to Auckland Transport during development of the northern public transport network plan

20.     The board have considered a draft of the plan and will continue working with Auckland Transport throughout the plan’s development and once community consultation begins.

Advocate to Auckland Transport for fully integrated fares for all public transport modes and improved access to AT HOP card retail outlets

21.     Auckland Transport’s update on issues report contains an overview of progress on these advocacy points.

Other transport matters

22.     A separate report on this agenda provides the opportunity for providing feedback on the RLTP which is currently out for consultation.

██    Vibrant town and village centres and a thriving local economy

Improve the main street and develop a bush gateway and lookout on Birkenhead Avenue

The public information campaign in December ensured that local businesses and residents were informed on the plans for Birkenhead for both the main street and Le Roys Bush lookout projects.

23.     A meeting of the working party for Birkenhead Town Centre (combined with the built environment portfolio meeting) took place on 5 February. The intention was that the concept design for the Le Roys Bush lookout project would be considered at this meeting. At the time of writing the outcome of this meeting was not known.

Work with ethnic and migrant-owned businesses to develop and support their business offerings in Kaipātiki

24.     In December, the board resolved the following in relation to this initiative:

Resolution number KT/2014/3

MOVED by Member D Grant, seconded by Member L Waugh:  

That the Kaipātiki Local Board:

a)      approve the allocation of $15,000 from the 2014/15 budget assigned to the implementation of the Kaipātiki Local ED Action Plan, to implement the following projects:

i)       Action 1.14 – Support for ethnic and migrant-owned businesses - $15,000.

25.     Work is now progressing on this project which includes working with the compliance team to explore how communications about Auckland Council regulations and bylaws are communicated to ethnic and migrant businesses, supporting new businesses and providing networking opportunities.

██    Community facilities, assets and services that are high quality, well managed and meet our communities’ needs

Ensure all facilities are fit for purpose and comply with regional standards

26.    The Beach Haven Leisure centre is now being managed directly by Auckland Council with a number of improvements underway to the operation of the centre. Work is also underway on the resurfacing of the tennis courts.

27.    The budget for the operation of the centre is very limited which puts constraints around having staff on site to manage bookings and access to the facilities. Pools and Leisure are proposing to install an automated online booking system which can be used for both the indoor and outdoor facilities and will provide customers with the end to end service from booking to access to ensuring lights are on etc.

28.    This system will cost $30,000 to develop (including both software and hardware requirements) but will potentially increase revenue at the centre and reduce running costs. Pools and Leisure have committed to $22,000 to progress this project, leaving a shortfall of $8,000. It is important that this system is installed as soon as possible so that it is in place for the new booking requirements associated with multi-use on the outside courts.

29.    This report recommends that this $8,000 is allocated from the board’s unallocated capex budget. Currently the board has unallocated SLIPs budget associated with the cancelled project to install play equipment at Marlborough Park.

Action item reports

30.  Attached to this report (at Attachments C, D, E and F ) are action items from previous meetings of the local board, reported on in the following categories:

·   Pending (yet to be completed)

·   Completed (actions completed)

·   Watching brief (actions requiring oversight but not yet due for completion)

·   Future (actions not yet requiring oversight/action).

31.  Any actions marked as completed will be moved from the current schedule on receipt of this report by the board.

Consideration

Local board views and implications

32.     Local board views are sought via this report.

Māori impact statement

33.     There are no specific impacts on Māori arising from this report.

Implementation

There are no implementation issues identified in this report.

Attachments

No.

Title

Page

aView

Bayview Placemaking Project

35

bView

Bayview Placemaking Project - January meeting minutes

37

cView

Action Item Report - Completed

45

dView

Action Item Report - Pending

51

eView

Action Item Report - Watching Brief

59

fView

Action Item Report - Future

65

     

Signatories

Authors

Sarah Broad - Senior Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 



Kaipātiki Local Board

11 February 2015

 

 


 




 




 


Kaipātiki Local Board

11 February 2015

 

 

 







Kaipātiki Local Board

11 February 2015

 

 

 









Kaipātiki Local Board

11 February 2015

 

 

 






Kaipātiki Local Board

11 February 2015

 

 


Kaipātiki Local Board

11 February 2015

 

 

Quarterly performance report for the period ending 31 December 2014

 

File No.: CP2015/00110

 

  

 

Purpose

1.       To update the Kaipātiki 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 the 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 the 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

·    Treasury Report

6.       The full report is attached in Attachment A.

 

 

Recommendation/s

That the Kaipātiki Local Board:

a)      note 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 Kaipātiki Local Board of the performance to date for the period ending 31 December 2014.

Māori Impact Statement

9.       Māori 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 Māori.

Implementation Issues

10.     There are no implementation issues.

 

Attachments

No.

Title

Page

aView

Quarterly Performance Report

69

     

Signatories

Authors

Pramod Nair - Lead Financial Advisor

Authorisers

Eric Perry - Relationship Manager

Christine Watson - Manager Financial Advisory Services - Local Boards

 


Kaipātiki Local Board

11 February 2015

 

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


 

PDF Creator
PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


Kaipātiki Local Board

11 February 2015

 

 

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

 

File No.: CP2015/00565

 

  

 

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.

 

Recommendation/s

That the Kaipātiki Local Board:

a)         receive the Auckland Transport December 2014 and January 2015 issues update to the Kaipātiki Local Board.

 

Discussion

2.       At the September 2014 Kaipātiki Local Board meeting the Board resolved KT/2014/206: that the Kaipatiki Local Board:

a)      receive the Auckland Transport Update on issues raised in September for the Kaipātiki Local Board report.

b)      express its concern that Auckland Transport suggest ferry services are seen as a 'premium' mode of transport and hence are priced accordingly without taking into account that Kaipātiki residents do not have the choice of rail transport and do not have access to the busway.

c)      request Auckland Transport take a broader look or approach of measuring the cost of public transport, as it is always suggested ferry fares are higher because the costs of providing the service are higher than bus and rail, yet we assume this does not take into account the fact that roads and rail require regular maintenance that the harbour does not.

d)      do not accept that current coverage of HOP retailers is sufficient in Beach Haven and Birkenhead as the uptake is well below other areas where access is more convenient.

e)      ask Auckland Transport to once again review its position on integration of the ferry fares into the zonal fare system. It is illogical to exclude such an important form of transport from integrated ticketing, if the goal is to deliver a fully integrated network and reduce pressure on the road network. For the communities of Kaipātiki, ferries are an obvious mode of public transport to do this. AT’s continued suggestion to integrate ferry fares would be unfair to the 93% of bus and rail users as it does not take into consideration that Kaipātiki communities have no connection to rail or the busway and their needs must be included in the investment in the wider network. 

f)       request more options to register student concessions are in place before the start of the university year in 2015. Having no access to this service in Kaipātiki disadvantages our students and will dis-incentivise students from using public transport if the process is not easy and convenient from day one.

3.       In response to the board’s resolution Auckland Transport advised as follows:

a)      Auckland Transport does consider ferry services a ‘premium’ mode of transport, as they provide a more comfortable and much quicker journey than the equivalent trip by bus.  Many parts of Auckland do not have access to the Northern Bus way, rail, or ferry – Kaipātiki residents fortunately have two modes of transport that they can choose between (i.e. bus and ferry), and can make a decision based on their particular circumstances such as time vs. money.

b)      While there are no roads or tracks to be maintained, there are wharves to be renewed and maintained, and each passenger is charged a passenger access charge to recover the costs of maintaining these facilities.

c)      Ferry is generally accepted as a ‘premium’ mode of transport because of the additional features offered such as time benefits, on board facilities like cafes, tables, toilets, cycle facilities and such, which are not available on alternative modes of transport such as buses or trains; these services cost more.

d)      After our review of the AT HOP retail network earlier this year; we have added some additional retailers across Auckland. We have grown the AT HOP retail network from 49 locations to 68 which includes two additions to the Kaipātiki area.

e)      We currently have 6 AT HOP retailers in the Kaipātiki area:

·    Mitchells Paper Power, 3 Pearn Crescent, Northcote

·    Birkenhead Lotto Plus, 43 Birkenhead Ave, Birkenhead

·    Beach Haven Stationers, 12 - 14 Sunnyhaven Ave, Beach Haven

·    Coronation Superette, 6 Coronation Road, Glenfield

·    Civic Video Glenfield, 444 Glenfield Road, Glenfield

·    Northcote Pop Inn Dairy, 173 Queen Street, Northcote Point

These retailers are in addition to the other options which customers have to top up their AT HOP card, including one off top ups online or an auto top up from a bank account, credit card or debit card. Customers are also able to top up at Top-up Machines on the Northern Bus Way. As of October, the Kaipātiki area is showing at least 60% AT HOP usage which is in line with the majority of other areas in Auckland.

f)       The inclusion of ferries into the proposed zonal integrated fares system has been investigated, but due to technical constraints has been put on hold for now and fares will remain point-to-point.  However, even if ferries were to be fully integrated into the zonal system, this does not necessarily mean that the fares would be the same as the equivalent bus trip. 

g)      At the point where ferries were potentially going to be zonal based, the intention was to still maintain a ferry ‘surcharge’ due to the affordability and farebox recovery issues that have previously been outlined to the local board.  Also, as previously mentioned, Beach Haven ferry users have much cheaper fares than ferry services of equivalent distances (e.g. Hobsonville and West Harbour),  in addition to a relatively frequent bus service, so residents are quite well served compared to other areas.  

h)      AT HOP continue to explore additional options for student registration; however Kaipātiki student residents do currently have the option of using Customer Service Centres in Albany station, Constellation Station or Smales Station to register student concessions on their AT HOP cards.

4.       In November 2014 the Local Board Chair wrote to the chairman of Auckland Transport regarding the boards concerns about the HOP card availability and registration for student concessions. The reply from Auckland Transport addressed the issues raised as follows:

a)      Further to our previous response dated 10 November regarding the network changes, Auckland Transport will continue to review the retailer network to ensure adequate coverage across the region. It is important to note the option to purchase AT HOP cards online is available to all customer will internet access, regardless of geographic location.

b)      Auckland Transport will undertake a further review in three months’ time to re-assess the current retailer coverage and will undertake further investigation into the Birkdale area for a suitable retailer at this time. The location in Glenfield was chosen in response to customer feedback requesting this particular retailer. Furthermore, the retail outlet in Birkenhead is now under new ownership and will be opening seven days.

c)      With regard to student concessions, Auckland Transport is currently investigating options to improve this process and will provide further information as it becomes available. We are also looking into additional ways to sell cards to students to make the overall process more efficient.

Auckland Transport News

City Rail Link Lines

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

6.       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.

7.       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

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

Consideration

Local Board Views and Implications

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

Maori Impact Statement

10.     No specific issues with regard to the Maori Impact Statement are triggered in this report.

General

11.     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

12.     There are no implementation issues.

Authors

Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport

Authoriser

Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

 

Attachments

No.

Title

Page

aView

Kaipatiki issues raised during December 2014 and January 2015

119

     

Signatories

Authors

Neda Durdevic - Democracy Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 

PDF Creator


PDF Creator


Kaipātiki Local Board

11 February 2015

 

 

Kaipatiki Community Facilities Trust Quarterly Report

 

File No.: CP2015/00634

 

  

 

Purpose

1.       This report briefs the Kaipātiki Local Board on the activities and achievements of the Kaipātiki Community Facilities Trust during the last quarter.

Executive Summary

2.       The attached report provides members with an oversight of Kaipātiki Local Board and Auckland Council’s shared community development partnership with the Kaipātiki Community Facilities Trust for the last quarter. The Kaipātiki Community Facilities Trust leads and supports collaborative responses to improve community wellbeing in the Kaipātiki Local Board area.

 

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the Kaipātiki Community Facilities Trust Quarterly Report.

 

Attachments

No.

Title

Page

aView

Kaipatiki Community Facilities Trust Quarterly report

123

     

Signatories

Authors

Neda Durdevic - Democracy Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator



 









 










Kaipātiki Local Board

11 February 2015

 

 

Draft Partnering Agreement - Thriving Communities in Kaipātiki

 

File No.: CP2015/00629

 

  

 

Purpose

1.       This report presents the draft partnering agreement between the Kaipātiki Local Board and the Kaipātiki Community Facilities Trust (KCFT).

2.       The report ‘Community Development on the North Shore- Strengthening the Community Coordinator Model of Community Development ’, by Alex Woodley of Point Research was released on 13 March 2014.

3.       The report was the result of conversations with community coordinators (CoCos), CoCo board members, councillors, local board members and council staff. 

4.       The report proposed the adoption of a partnering approach between local boards and CoCo organisations to determine the community outcomes and priorities to be delivered through community development work. 

5.       A workshop was held with the local board members, council staff and the Kaipātiki Community Facilities Trust on 2 July 2014 to define the partnership and agree the next steps.

6.       A working party of the Local Board Chair, the Trust Chair, the Community Coordinator, council staff and an independent facilitator – Rachael Trotman met on 29 October and 5 November 2015 to collaboratively develop a draft Partnering Agreement that included the scope of the agreement, roles and responsibilities of the parties and a draft statement of intent, setting out shared priorities and protocols around the relationship.

7.       The draft Partnering Agreement presented has been fully endorsed by the Trust, council staff and has been reviewed and approved by council’s Senior Solicitor, Property and Commercial.

Executive Summary

8.       The draft partnering agreement attached has been developed as a result of collaborative working between council staff, the Local Board Chair, the Trust Chair and KCFT staff.

9.       The purpose of the partnering agreement is to provide an overarching framework for the partnership working between the Local Board and the KCFT. The agreement does not replace any funding agreements between the council and KCFT.

10.     The term of the agreement is proposed run concurrent with the electoral term of the local board, and may be renewed by any subsequent local board in agreement with the KCFT.

 

Recommendation/s

That the Kaipātiki Local Board:

a)      Adopt the draft ‘Partnering Agreement – Thriving Communities in Kaipātiki’ and instruct the Chair of the local board to sign the document on the local board’s behalf

 

 

Attachments

No.

Title

Page

aView

Draft Partnering Agreement - Thriving Communities in Kaipātiki

153

     

Signatories

Authors

Sarah Broad - Senior Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 




Kaipātiki Local Board

11 February 2015

 

 

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

 

File No.: CP2015/00582

 

  

 

Purpose

1.       To outline the options for local boards to provide feedback on the draft Regional Land Transport Plan 2015-2025 and agree the approach the Kaipātiki Local Board will take to provide their feedback.

Executive Summary

2.       The draft Regional Land Transport Plan 2015-2025 (RLTP) was endorsed by Auckland Transport’s 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. Attachment A is the draft RLTP.

3.       Local boards had three opportunities at 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. AT would like to encourage boards to take up both opportunities.

a)   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.

b)   Provide written feedback to AT by 16 March.

a)    

Recommendation/s

That the Kaipātiki 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 Chair 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 chair 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

The draft RLTP

 

5.       The draft Regional Land Transport Plan 2015-2025 (RLTP) was endorsed by Auckland Transport’s 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. Attachment A is the draft RLTP.

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 three opportunities at 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. AT would like to encourage boards to take up both opportunities.

a)      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) which 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.

b)      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 New Zealand Transport Agency 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 have with their communities about their priorities and the engagement taking place 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

aView

Draft Regional Land Transport Plan 2015 - 2025

161

     

Signatories

Authors

Eric Perry - Relationship Manager

Authorisers

Eric Perry - Relationship Manager

Karen Lyons - Manager Local Board Services

 


Kaipātiki Local Board

11 February 2015

 

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


Kaipātiki Local Board

11 February 2015

 

 

Local Board delegations for Have Your Say events

 

File No.: CP2015/00281

 

  

 

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 Kaipātiki 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

 


Kaipātiki Local Board

11 February 2015

 

 

Members' Reports

 

File No.: CP2014/29418

 

  

 

Executive summary

An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.

 

Recommendation/s

That the Kaipātiki Local Board:

a)      receive any verbal reports of members.

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Bianca Wildish - Democracy Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 

Governing Body Members' Update

 

File No.: CP2014/29421

 

  

 

Executive summary

An opportunity is provided for Governing Body Members to update the board on Governing Body issues relating to the Kaipātiki Local Board.

 

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the Governing Body Members’ verbal updates.

 

Attachments

There are no attachments for this report.     

Signatories

Authors

Bianca Wildish - Democracy Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 

Record of Kaipatiki Local Board Portfolio Briefings held in December 2014

 

File No.: CP2014/29425

 

  

 

Purpose

1.       The purpose of this report is to record the Kaipātiki Local Board Portfolio Briefings held in December 2014.

Executive summary

2.       In December 2014, the Kaipātiki Local Board held the following Portfolio Briefings:

·        Arts and Culture – Monday, 1 December 2014

·        Built Environment – Wednesday, 3 December 2014

·        Economic Development – Wednesday 3 December 2014

·        Transport – Wednesday 3 December 2014

·        Finance – Monday 8 December 2014

·        Events – Thursday 11 December 2014

·        Sports and Recreation – Thursday 11 December 2014

·        Infrastructure – Wednesday 17 December 2014

·        Parks – Wednesday 17 December 2014

 

 

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the record of Kaipātiki Local Board Portfolio Briefings held in December 2014.

 

Attachments

No.

Title

Page

aView

Kaipatiki Local Board December 2014 Portfolio Briefing Records

297

     

Signatories

Authors

Bianca Wildish - Democracy Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 

PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


PDF Creator


Kaipātiki Local Board

11 February 2015

 

 

Generic Reports received for information - December 2014

 

File No.: CP2014/29428

 

  

 

Executive Summary

The following generic items have been received for the Board’s information:

Report Title

Referred by

Item

Date of Meeting

Date Received

Productivity Commission Inquiry: Using Land for Housing

Auckland Development Committee

16

3 December 2014

10 December 2014

 

A copy of the report is available on the Auckland Council website.

 

A copy of the report has been circulated to Kaipātiki Local Board Members, which can also be accessed on the M Drive as follows: M:\Meetings\Kaipatiki\Reports\Circulated Reports

 

 

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the Generic Reports received for information – December 2014 report. The report references:

·        Productivity Commission Inquiry: Using Land for Housing report from the Auckland Development Committee.

 

Attachments

There are no attachments for this report.    

Signatories

Authors

Bianca Wildish - Democracy Advisor

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

11 February 2015

 

 

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

 

File No.: CP2015/00148

 

  

 

Purpose

1.       The purpose of this report is to present to the Kaipatiki Local Board two applications for special exemptions from several of the requirements of the Fencing of Swimming Pools Act 1987 (the Act).

Executive summary

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

 

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the Swimming Pool Fencing Exemption report.

b)      receive the applications from the owners of:

i)        14 Agincourt Street, Glenfield

ii)       41 Neptune Avenue, Beach Haven

c)      grant the 14 Agincourt Street, Glenfield application for special exemption to the current owner, subject to ongoing compliance with NZS8500-2006 Section 3.10 clause (a-k) at all times and subject to the spa pool remaining in the same location as the day of inspection.

d)      grant the 41 Neptune Avenue Beach Haven application for special exemption to the current owner, subject to ongoing compliance with NZS8500-2006 Section 3.10 clause (a-k) at all times and subject to the spa pool remaining in the same location as the day of inspection.

 

Discussion

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 Fencing of Swimming Pools Act 1987 (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 stated to be “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 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 bis satisfied that a door within a wall in a building meets that test, the board must also be satisfied that an exemption would not significantly increase the danger to young children.

9.       When granting a special exemption, the 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 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.     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 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 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

aView

14 Agincourt Street, Glenfield (Under Separate Cover) - Confidential

 

bView

41 Neptune Avenue, Beach Haven (Under Separate Cover) - Confidential

 

     

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Barry Smedts - Manager Compliance

Eric Perry - Relationship Manager

     

 


Kaipātiki Local Board

11 February 2015

 

 

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

 

That the Kaipātiki 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 - 14 Agincourt Street, Glenfield

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 - 41 Neptune Avenue, Beach Haven

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.