Agenda of Upper Harbour Local Board

	Portfolio Activity	Responsibilities	Board Lead/s and Alternate
1	Governance	· Board Leadership · Board-to-Council Relationships · Board-to-Board Relationships · Civic Duties · Advocacy (local, regional, and central government) · Relationships with Maoridom · Relationships with government departments and agencies · Relationship with Property CCO · Relationship with Auckland Waterfront Development · Advocacy with Governing Body (Local Board Plan; Local Board Agreements) · Unitary Plan · Local area plan	Brian Neeson Lisa Whyte
2	Regulatory & Bylaws / Civil Defence Emergency Management .	· Resource consents · Heritage · Liquor · Gambling · Swimming pools fencing · Trees · Bylaws · Relationships with the Civil Defence Emergency Management Group · Community preparedness, disaster response, relief, and recovery	Callum Blair John McLean Christine Rankin-MacIntyre Margaret Miles (Resource Consents only)
3	Events / Arts and Culture	· Community celebration · Community identity · Neighbourhood gatherings and renewal · Event compliance · Relationship with ATEED · Relationship with Regional Facilities CCOs · Tourism · Artistic and cultural service levels · Promoting all aspects of artistic endeavour · Development of public art strategy and policy	Margaret Miles
4	Community and social well-being / Local Facilities	· Community development · Neighbourhood relationships · Funding for neighbourhood projects · Community safety (excl. town centres) · Graffiti removal · Community advocacy · Relationships with Youth · Leisure centres · Community houses · Halls · Community hubs · Arts facilities · Community Partnerships · Asset Management	Callum Blair Margaret Miles

	Portfolio Activity	Responsibilities	Board Lead/s and Alternate
5	Libraries	· Stewardship of libraries · Mobile library	Christine Rankin-MacIntyre Lisa Whyte
6	Sports parks and recreation (active) / Parks, Reserves and playgrounds (passive)	· Stewardship of sports parks · Stewardship of recreation facilities · Relationship with sports clubs · Neighbourhood parks and reserves (incl. esplanade reserves and the coastline) · Design and maintenance · Plantings, playgrounds, bollards, and walkways · Skateparks · Track Network development	Margaret Miles Lisa Whyte
7	Town Centres	· Town centre renewal · Design and maintenance · Community safety within town centres · Business Improvement Districts liaison · Urban design · Built Heritage	Margaret Miles Brian Neeson
8	Transport / Regional Transport and CBD development	· Local transport projects and public transport (incl. roading, footpaths, cycleways) · Liaison on regional Transport matters · 2^nd harbour crossing · Bridge walk cycleway · Inner City Rail Link · Waterfront development · CBD master plan	John McLean Margaret Miles
9	Natural Environment .	· Restoration of wetlands, streams, and waterways · Local priorities in relation to regional environmental management · Costal management including mangrove encroachment and erosion mitigation · Relationships with Watercare · Waste minimisation strategy · Bio security	John McLean Callum Blair Lisa Whyte (waste minimisation only)
10	Economic Development / Financial oversight	· Key relationship with Business Development Manager in Auckland Tourism Events and Economic Development team · Establish and promote local opportunities for increased tourism and economic development · Budgets · Project expenditure · Monitor GB strategy and Finance · Service Levels · Local funding policy	Lisa Whyte Margaret Miles

Upper Harbour Local Board

24 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 Meeting Minutes Upper Harbour Local Board, Tuesday 10 February 2015 9

13 Road Name Approval for Subdivision at 18 - 28 Bannings Way, Hobsonville. Council Reference: SUB-2009-0286 17

14 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 33

15 Status of the Upper Harbour Local Board Discretionary Funds for the 2014/2015 financial year 39

16 Summary of Actions and Reports Requested - Upper Harbour Local Board - February 2015 41

17 Record of the Upper Harbour Local Board Workshop held on 16 December 2014, 3 February 2015 and 10 February 2015 47

18 Board Members' Reports 55

19 Consideration of Extraordinary Items

PUBLIC EXCLUDED

20 Procedural Motion to Exclude the Public 57

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

a. 19 Clemow's Lane, Albany 57

b. 146 Attwood Road, Paremoremo 57

c. 46 Greenhithe Road, Greenhithe 57

d. 90 Roland Road, Greenhithe 57

e. 11 Seacrest Drive, West Harbour 58

f. 23-25 Bernard Magnus Lane, Greenhithe 58

g. 37 Waipuia Place, Greenhithe 58

h. 71 Roland Road, Greenhithe 58

1 Welcome

Mr Smith will lead the meeting in prayer – or whatever set text we decide will appear here.

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 Upper Harbour Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 10 February 2015, including the confidential section, 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 Upper Harbour 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.

Upper Harbour Local Board

24 February 2015

Road Name Approval for Subdivision at 18 - 28 Bannings Way, Hobsonville. Council Reference: SUB-2009-0286

File No.: CP2015/00941

Purpose

1. This report seeks the approval of the Upper Harbour Local Board for the road name for the new jointly owned access allotment servicing the Limeburners Bay residential subdivision, being developed by King Kylin Holdings Limited.

Executive Summary

2. King Kylin Holdings Limited has applied to Auckland Council to commence subdivision approval for the staged residential subdivision at 18-28 Bannings Way. The subdivision includes a Jointly Owned Access Lots (JOAL), Lot 99, providing access to some 7 allotments. This JOAL runs between Vazey Way and Brickworks Bay Road

(Attachment A).

Advice from Land Information New Zealand states that any JOAL servicing more than 5 properties is required to be named.

The proposed road name for the JOAL is Carder Holland Way. This has been chosen for its historical references to the local area.

The names are not outside the procedures and guidelines currently being developed for the naming of streets in an Auckland Council region wide context.

The names not duplicated elsewhere within the wider Auckland region.

Recommendation/s

That the Upper Harbour Local Board:

a) receive the report

b) support the proposed road name Carder Holland Way for Lot 99 (Jointly Owned Access Lots) of the subdivision at 18-28 Bannings Way, Hobsonville.

Discussion

3. In February 2012, Auckland Council approved an application for a combined land use and subdivision consent to undertake a subdivision, creating 71 residential allotments at 18-28 Banning Ways, Hobsonville.

The subdivision contains an access allotment to vest to Council, and one unformed road, which would provide road access to all residential allotments. The consent holder sought and received approval for three new road names for these roads (being Vazey Way, Ngaroma House Drive and Brickworks Bay Road).

The name Carder Holland has been chosen due to both these names having historical links to the area and the pottery activities carried out in Limeburners Bay. Joshua Carder established a pottery works in the bay in the 1860s to the west of Clark’s pottery and later Robert Holland also established a pottery works between these two in the early 1900s.

Both the names Carder and Holland could not be used separately as other roads in Auckland have these individual names but the joint name is acceptable to New Zealand Post.

Consideration

Local Board Views and Implications

4. Procedures and guidelines for road naming are currently being developed by Auckland Council to achieve consistent region wide protocols and policies on road naming.

The avoidance of name duplication is a key tenet in road naming from an emergency services perspective.

The legacy Waitakere City Council guidelines typically required that road names either have some local historical significance, reflect the natural characteristics of the land or locality, or establish or extend a theme in a locality.

The names nominated are considered to be consistent with the aforesaid procedures and guidelines.

Maori Impact Statement

5. It is considered that there is no significance to Maori as a result of the proposed road names and that there will be no adverse effects on Maori communities. Consultation and liaison with the relevant local iwi (te korero o Ngati Whatua, Na Glenn Wilcox) was undertaken previously and their endorsement was received in respect to the use of historically prominent figure as road names.

General

6. The decision to approve the road name does not trigger any specific policy, or have any impact on the immediate and wider community or have any legal or cost implication to the Council.

Once the road names have been endorsed, the usual statutory process will be followed with Land Information New Zealand and other necessary parties advised as part of the subdivision compliance process.

Implementation Issues

7. The Western Resource Consenting and Compliance Team will ensure that appropriately compliant road signage is installed by the consent holder in conjunction with the completion of the subdivision.

Attachments

No.	Title	Page
a View	NZ Post Correspondence - 18-28 Bannings Way, Hobsonville	19
b View	18-28 Bannings Way, Hobsonville Map	31

Signatories

Authors

Michelle Tomkins - Unit Administrator

Authorisers

Julie Bevan - Acting General Manager Resource Consents

Eric Perry - Relationship Manager

Upper Harbour Local Board

24 February 2015

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

File No.: CP2015/01336

Purpose

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

Executive summary

2. The Upper Harbour Local Board Swimming Pool Fencing Exemption Working Party, consisting of the Chairperson and Members Blair and Rankin-Macintyre, were requested to consider nine applications for special exemption under section 6 of the Fencing of Swimming Pools Act 1987.

3. One application pertained to an in-ground swimming pool with doors opening onto the pool area and necessitated a site visit conducted by Member Neeson and Senior Swimming Pool Specialist Phillip Curtis, on 28 January 2015. The applicant was provided the opportunity to speak to their application for special exemption on the occasion of the site visit.

4. One application pertained to the applicant using the boundary fences of the property as the main pool barrier and necessitated a site visit conducted by Member Neeson and Senior Swimming Pool Specialist Phillip Curtis, on 2 February 2015. The applicant was provided the opportunity to speak to their application for special exemption on the occasion of the site visit.

5. Three applications were to use lockable covers on spa pools as a barrier instead of a fence and necessitated a site visit conducted by Member Neeson and Senior Swimming Pool Specialist Phillip Curtis, on 29 January 2015 and 2 February 2015. The applicants were provided the opportunity to speak to their application for special exemption on the occasion of the site visit.

6. After consideration of the applications, the working party recommendations are as follows:

· 19 Clemow’s Lane, Albany (in-ground swimming pool) - recommends granting the application to include the doors opening onto the pool area with the condition they have self-closing devices and latches fitted at 1.5m.

· 146 Attwood Road, Paremoremo (in-ground swimming pool) – recommends granting the application with the conditions that a fence is installed to isolate access to the pool area at two points, that the electronic gates are kept in good working order, that the exemption is personal to the current owners of the property and a new application must be made if the property is sold.

· 146 Attwood Road, Paremoremo (spa) - recommends granting the application for the spa pool cover to be used as a barrier under section 6 of Fencing of Swimming Pools Act, 1987 on the condition NZS8500-2006 clause a-k is adhered to at all times, that the spa remains in its current location and the exemption is personal to the current owners.

· 37 Waipuia Place, Greenhithe - recommends granting the application for the spa pool cover to be used as a barrier under section 6 Fencing of Swimming Pools Act, 1987 on the condition NZS8500-2006 clause a-k is adhered to at all times, that the spa remains in its current location and the exemption is personal to the current owners.

· 46 Greenhithe Road, Greenhithe - recommends granting the application for the spa pool cover to be used as a barrier under section 6 Fencing of Swimming Pools Act, 1987 on the condition NZS8500-2006 clause a-k is adhered to at all times, that the spa remains in its current location and the exemption is personal to the current owners.

· 90 Roland Road, Greenhithe - recommends granting the application for the spa pool cover to be used as a barrier under section 6 Fencing of Swimming Pools Act, 1987 on the condition NZS8500-2006 clause a-k is adhered to at all times, that the spa remains in its current location and the exemption is personal to the current owners.

· 11 Seacrest Drive, West Harbour - recommends granting the application for the spa pool cover to be used as a barrier under section 6 Fencing of Swimming Pools Act, 1987 on the condition NZS8500-2006 clause a-k is adhered to at all times, that the spa remains in its current location and the exemption is personal to the current owners.

· 23-25 Bernard Magnus Lane, Greenhithe - recommends granting the application for the spa pool cover to be used as a barrier under section 6 Fencing of Swimming Pools Act, 1987 on the condition NZS8500-2006 clause a-k is adhered to at all times, that the spa remains in its current location and the exemption is personal to the current owners.

· 71 Roland Road, Greenhithe - recommends granting the application for the spa pool cover to be used as a barrier under section 6 Fencing of Swimming Pools Act, 1987 on the condition that work on the gazebo is completed, NZS8500-2006 clause a-k is adhered to at all times, that the spa remains in its current location and the exemption is personal to the current owners.

Recommendation/s

That the Upper Harbour Local Board:

a) receive the report.

b) receive the applications by:

i) 19 Clemow’s Lane, Albany

ii) 146 Attwood Road, Paremoremo – Pool and Spa

iii) 37 Waipuia Place, Greenthithe.

iv) 46 Greenhithe Road, Greenhithe

v) 90 Roland Road, Greenhithe

vi) 11 Seacrest Drive, West Harbour

vii) 23-25 Bernard Magnus Lane, Greenhithe

viii) 71 Roland Road, Greenhithe.

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

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

ii) grant the application subject to conditions, or

iii) decline the application for special exemption sought.

Comments

7. 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.

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

9. 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.

10. 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.

11. 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.

12. 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 council may grant an exemption from compliance using clauses 8 to 10 of the schedule to the Act. Council 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.

13. 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, such as repairs to existing fencing, or a requirement for more frequent inspection of the pool (currently pools are inspected every three years)?

14. 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

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

16. 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.

17. 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.

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

19. If an application is declined the applicant will be required to fence their pool in accordance with the Act. The exemption hearing process under the Act does not trigger the significance policy, but it is an important statutory function.

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

Local Board Views and Implications

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

Māori impact statement

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

General

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

24. 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

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

Attachments

No.	Title	Page
a View	19 Clemow's Lane, Albany (Under Separate Cover) - Confidential
b View	146 Attwood Road, Paremoremo (Under Separate Cover) - Confidential
c View	46 Greenhithe Road, Greenhithe (Under Separate Cover) - Confidential
d View	90 Roland Road, Greenhithe (Under Separate Cover) - Confidential
e View	11 Seacrest Drive, West Harbour (Under Separate Cover) - Confidential
f View	23-25 Bernard Magnus Lane, Greenhithe (Under Separate Cover) - Confidential
g View	37 Waipuia Place, Greenhithe (Under Separate Cover) - Confidential
h View	71 Roland Road, Greenhithe (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Barry Smedts - Manager Compliance

Eric Perry - Relationship Manager

Upper Harbour Local Board

24 February 2015

Status of the Upper Harbour Local Board Discretionary Funds for the 2014/2015 financial year

File No.: CP2015/01541

Purpose

1. This report provides an update to the Upper Harbour Local Board on the availability of discretionary funding for the 2014/2015 financial year. It also provides a running total of the balances of the board’s various discretionary funds.

Executive summary

2. The Upper Harbour Local Board has a number of discretionary funds available in the 2014/2015 financial year. The current balances of the board’s discretionary funds are as follows:

Fund	Total available in 2014/15 ($)	Amount spent ($)	Balance remaining ($)
Local Events Contestable Fund	36,693.00	32,500.00	0
Local Discretionary Community Grants	92,674.57	20,568.00	72,106.57
Local Events Support Fund	36,432.25	34,430.00	2,002.25
SLIPs Funding	65,000.00	65,000.00	0.00
Discretionary Opex Fund	$5,700.00	1,063.75	4,636.25

3. At its meeting on 16 December 2014, the Upper Harbour Local Board resolved to allocate the following from its 2014/2015 Local Event Contestable Fund, round 2, as follows:

Applicant	Application purpose / project	Amount Granted
Massey Athletic Club Inc.	Club Physical Whenuapai Half Marathon	$5,000
Meadowood Community House Inc.	International Food Flavours Festival & Scone Baking Competition	$500 is granted for allocation towards either the Food Festival or Matariki Festival
Meadowood Community House Inc.	Matariki Festival Celebration Dawn Breakfast
Albany CoCo Inc.	Offbeats Youth Music Festival	$5,000

4. The board agreed to transfer the remaining balance in the 2014/2015 Local Event Contestable Fund, in the amount of the $2,800, to the Discretionary Opex Fund, which at the time indicated a balance of $2,900.

5. At its meeting on 16 December 2014, the Upper Harbour Local Board also resolved to allocate the following from SLIPs Funding, as follows:

· Sanders Reserve – tree removal and sculpting – to the value of $12,000;

· Wainoni Park – Joe Clark Walkway Interpretive Signage – to the value of $3,000;

· Pin Oak Reserve – 3 on 3 Basketball Court – to the value of $15,000;

· Gills Scenic Reserve – way finding signage – to the value of $5,000;

· Namsam Reserve – walkway connection – to the value of $15,000;

· Greenhithe War Memorial Park – walkway connection – to the value of $15,000.

6. On 3 February 2015, the Upper Harbour Local Board expended a sum of $1,063.75 towards the Albany Stadium Pool Project Commencement Celebration. The total of which was deducted from the discretionary opex fund.

Recommendation/s

That the Upper Harbour Local Board:

a) receive the Status of the Upper Harbour Local Board Discretionary Funds for the 2014/2015 financial year report.

Attachments

There are no attachments for this report.

Signatories

Authors	Karen Marais - Local Board Services
Authorisers	Eric Perry - Relationship Manager

Upper Harbour Local Board

24 February 2015

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

That the Upper Harbour 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.

14 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 19 Clemow's Lane, Albany

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