Agenda of Devonport-Takapuna Local Board

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

Devonport-Takapuna Local Board

21 July 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 9

11.1 Notice of Motion - Port Future Study Stakeholder Reference Group 9

12 Devonport-Takapuna Parks Works Programme 2015/2016 13

13 2014-2015 Small local improvement projects (SLIPs) update 17

14 Allocation of discretionary capital budget to local boards 19

15 New community lease to Milford Tennis Club Incorporated, Kitchener Park, Milford 29

16 New community leases at the Mary Thomas Centre and Takapuna Community Services Building, Takapuna 33

17 Review of Alcohol Bans 2015 41

18 Auckland Transport update on issues raised in June 2015 for the Devonport-Takapuna Local Board 45

19 Monthly Local Board Services report - June 2015 51

20 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 57

21 Ward Councillors Update 61

22 Board Members' reports 63

23 Chairperson's reports 75

24 Record of Briefing/Community Forum - 2 June 79

25 Summary of Actions and Reports Requested/Pending - July 2015 81

26 Consideration of Extraordinary Items

PUBLIC EXCLUDED

27 Procedural Motion to Exclude the Public 83

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

a. 44A Clifton Road, Hauraki Corner 83

b. 6 Second Avenue, Stanley Point 83

c. 2/21 Craig Road, Milford 83

d. 1/30 Beach Road, Castor Bay 83

e. 56 Shakespeare Road, Milford 84

Devonport-Takapuna Local Board

21 July 2015

1 Welcome

2 Apologies

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

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 16 June 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 Devonport-Takapuna Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

11.1 Notice of Motion - Port Future Study Stakeholder Reference Group

In accordance with Standing Order 3.11.1, a Notice of Motion has been received from Member Mike Cohen for inclusion on the agenda for the Devonport-Takapuna Local Board meeting being held on day, Tuesday, 21 July 2015 (Attachment A):

Recommendation/s

That the Devonport-Takapuna Local Board:

a) express concern that, in the case of Devonport-Takapuna Local Board representation on the Port Future Study Stakeholder Reference Group, no affective progress has been made to progress the resolution passed unanimously by the board at its 16 June 2015 meeting.

b) request an urgent meeting with the Mayor and Chief Executive to progress resolution n) (DT/2015/106) passed on 16 June 2015.

Background

1. At the Devonport-Takapuna Local Board 16 June 2015 meeting, the board passed the following resolution requesting to be formally represented on the Port Future Study Stakeholder Reference Group:

“That the Devonport-Takapuna Local Board:

n) request that the Devonport-Takapuna Local Board and Bayswater Community Committee be formally represented on the Port Future Study Stakeholder Reference Group primarily because of their interest in relation to the Waitemata Harbour and the effect that the outcome of the study would have on our community and the limited, if any, governance role any local board will have in this matter.”

2. The Notice of Motion attached, expresses concern that no effective progress has been made on the resolution above (Attachment A). It has been signed by Member Mike Cohen and Member Grant Gillon.

Attachments

a Signed Notice of Motion, Port Future Study Stakeholder Reference Group

Devonport-Takapuna Local Board

21 July 2015

Devonport-Takapuna Parks Works Programme 2015/2016

File No.: CP2015/12079

Purpose

1. To present the 2015-2016 Parks capital works programme for endorsement and approval by the Devonport-Takapuna Local Board.

Executive Summary

2. The proposed draft annual work programme for 2015-16 has been developed in line with the draft Long-term Plan (LTP) 2015-2025. This was approved by Auckland Council’s Budget Committee on 8 May and was ratified by the Governing Body on 25 June 2015.

3. The work programme includes capital works, renewals, as well as locally driven initiative (LDI) proposals that have been approved in principle by the Devonport-Takapuna Local Board at a workshop on 19 May 2015 (refer Attachment A).

4. The programme excludes candidate projects to be funded through the local board’s discretionary capex budget, as well as any external funding.

5. The proposed work programme presented is based on LTP budget information and excludes deferrals from the financial year 2014-15. The work programme information is strategic to enable staff to further scope projects in detail and set priorities, which will be reported back to Parks portfolio holders prior to works commencing.

6. This report also seeks flexibility in project scoping by acknowledging that asset conditions are dynamic and subject to change. Staff require the ability to amend the priorities for asset renewals to accommodate unforeseen circumstances, effectively deliver the renewals work programme, and mitigate against unforeseen health and safety issues. Should priorities change from those identified and approved; updates will be brought to Parks portfolio holder meetings throughout the year.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve the 2015-2016 parks capital works programme as outlined in Attachment A of this report.

Comments

7. The Parks capital works programme for 2015-2016 has been developed in line with the draft Long Term Plan, which was approved by Auckland Council’s Budget Committee on 8 May 2015 and was ratified by the Governing Body on 25 June 2015. Key projects for the local board include the Wairau Stream bridge, Takapuna-Milford coastal walkway, and Barrys Point Reserve sports field development.

8. The proposed programme is also in alignment with the following strategic documents :

· the Auckland Plan;

· the Devonport-Takapuna Local Board Plan;

· the Sport and Recreation Strategic Action Plan; and

· the Parks and Open Space Strategic Action Plan.

9. The renewals programme is driven by asset condition and the results of recent survey information. Assets in the poorest condition are given priority. Renewals cover several asset groups and include coastal structures, sports fields, playground, public toilet and car park renewals. On 7 April, staff attended a renewal workshop with the board, at which a draft update of the renewals work programme for the 2015-2016 year was presented. The draft renewals work programme highlighted any potential assets at risk within the Devonport-Takapuna Local Board area.

10. The condition of park assets is dynamic and subject to factors beyond control (such as weather events, vandalism and theft). Flexibility is therefore recommended to address unforeseen and urgent renewals, in particular where they pose a health and safety risk.

11. A prioritised list of assets for scoping has been identified and is presented in Attachment A. The prioritisation is based on the condition of the assets. The information provided is the best information available to date, whilst recognising that as time progresses updated information will be verified as part of asset management best practice. Should renewal priorities change from those identified and approved, updates will be brought to the local board throughout the year.

12. At the 19 May workshop with the Devonport-Takapuna Local Board, a number of candidate locally driven initiative (LDI) projects were presented for consideration. Further discussions on candidate projects for both LDI and discretionary funding will be undertaken over the coming months.

13. The draft LTP has identified savings through a reduced level of service within the parks maintenance contracts throughout the Auckland Region. The local board has agreed in principle, as part of LDI funding deliberations, to top up mechanical edging and street garden maintenance as part of a commitment to maintain existing levels of service in the Devonport- Takapuna Local Board area.

14. A central risk fund has been developed as part of council-wide project management protocols for the 2015/2016 financial year. As a centrally managed contingency fund, it will be used to support capital projects that may be impacted or delayed by unexpected (and financially) un-planned risks occurring. In order to mitigate against these unexpected risks, 5% of the project’s budget will be held centrally.

Consideration

Local board views and implications

15. It is anticipated that the Devonport-Takapuna Local Board are supportive in principle of the proposed work programme.

16. Council approved draft LTP budgets include savings identified through reduction in levels of service within council parks maintenance contracts. At the 19 May workshop, the local board agreed in principle to allocate LDI funding to retain existing levels of service within the Devonport-Takapuna Local Board area.

Māori impact statement

17. Parks and open space contribute to Māori well-being, values, culture and traditions. Where any aspects of the work programme are anticipated to have an impact on tangata whenua, appropriate engagement with and involvement of Māori in decision-making will follow. The impacts on Māori from each project will be assessed during the consultation phases and reported back to the board.

Implementation

18. Following approval of the work programme, staff will initiate planning and implementation to facilitate delivery within the 2015/2016 financial year.

Attachments

No.	Title	Page
a View	Devonport Takapuna Works Programme 2015/2016 (Under Separate Cover)

Signatories

Authors

Paul Duffy - Parks Advisor

Authorisers

Ian Maxwell - General Manager Parks, Sports and Recreation

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

21 July 2015

Allocation of discretionary capital budget to local boards

File No.: CP2015/13885

Purpose

1. This report seeks direction from local boards on the proposed discretionary fund for local board capital expenditure (capex fund) regarding the:

· model for allocating the fund; and

· criteria for the fund.

Executive Summary

2. The governing body has created a discretionary fund for capital expenditure for local boards. Local boards are to work with staff to develop a formula for allocation and criteria for qualifying projects.

3. The capex fund enables local boards to deliver small local asset based projects, either directly, in partnership with the community, or through joint agreements between boards.

4. The capex fund will be managed over three years. Local boards can use their entire three year allocation for one project or spread it over the three years for smaller projects.

5. Local boards provided views on how funding should be allocated during the review of the Local Boards Funding Policy (LBFP) in 2014. The resulting funding formula for locally driven initiatives (LDI) allocates 90 per cent based on population, 5 per cent on deprivation and 5 per cent on land area. The same allocation formula can be used for the capex fund to maintain consistency in the policy. Staff note, however, that the link between costs and land area is weak and leads to major shifts in the allocation of funding.

6. A formula based approach provides limited funding for the Great Barrier Island and Waiheke Local Boards. Local boards should consider what level of funding over three years is appropriate for these boards. Staff recommend setting funding at one per cent of the fund for Great Barrier and two per cent for Waiheke.

7. Using the capex fund is preferable to LDI funding as the governing body funds the consequential opex. Boards should consider whether they need to continue to use LDI funding for minor (less than $1 million) capital projects. Boards should also consider whether they need to be able to bring forward regionally funded projects using the capex fund.

8. The proposal to allocate a capex fund to local boards will require an amendment to the LBFP. This will amend the Long-term Plan (LTP) and requires the use of the special consultative procedure.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) provide feedback on the allocation of capital expenditure (capex) funding to local boards.

Comments

Background

9. The governing body has created a discretionary fund for capital expenditure for local boards. On May 7 the Budget Committee passed the following resolution:

a) provide a new local board discretionary capex fund of $10 million per annum noting that this will incorporate the existing Facilities Partnership Fund.

b) approve the following parameters for this fund:

i. The fund may be managed as a three year amount

ii. local boards may use the fund to build council owned assets, add to an existing council funded renewal or new capital project, work in partnership with an external provider or seed fund a community project.

10. The Budget Committee requested that staff and local boards develop a formula for allocation and criteria for qualifying projects to report to the Finance and Performance Committee.

Purpose of the capex fund

11. The purpose of the fund is to ensure locally important projects are given appropriate priority. It is envisaged that the fund will be used for projects similar to those historically funded by local improvement projects (LIPs) or small local improvement projects (SLIPs) budgets.

Funding Allocation Model

Principles for funding allocations

12. The core principles for allocating funding to local boards are an:

· equitable capacity for each local board to enhance well-being;

· administrative effectiveness; and

· transparency.

Attributes for funding allocation

13. The Local Boards Funding Policy (LBFP) makes allocations on the following basis:

· 90 per cent based on local board population size;

· 5 per cent based on the relative level of deprivation of the board;

· 5 per cent based on the land area of the board; and

· Waiheke and Great Barrier Island are funded for a fixed amount set by the governing body.

14. The following table shows the level of local board support for the use of the above factors for allocating LDI recorded during the review of the LBFP.

Local Board Attribute	Local Boards that supported use during last review of LBFP	Relationship to need for funding	Staff Comments
Population	21	Strong	Strongly relates to demand for services
Deprivation	17	Weak	Little objective evidence for relationship to demand for services
Geography	16	Weak	High distortion effect on allocation that does not relate to need for services

15. A key decision for the allocation of the capex fund will be to determine the appropriate level of capital funding for Great Barrier Island and Waiheke. The discussion document considers the two current allocation models used to fund these boards:

· LDI allocation: Great Barrier Island and Waiheke receive the same proportion of the capex fund as they currently receive of the total funding pool for locally driven initiatives (this is 2.3% of the total pool for Great Barrier Island and 2.7% for Waiheke); and

· Transport model: Great Barrier Island receives 1 per cent and Waiheke 2 per cent of the total funding pool.

16. Five models have been considered for allocating the capex fund between all boards based on the population, deprivation and land area attributes of the boards:

· Model A: All boards funded based on 100% population;

· Model B: All boards funded based on 95% population and 5% deprivation;

· Model C: All boards funded based on 90% population, 5% deprivation and 5% land area;

· Model D: Great Barrier receives 2.3% and Waiheke receives 2.7% of total funds, remaining funds allocated to all other boards based on 90% population, 5% deprivation and 5% land area; and

· Model E: Great Barrier receives 1% and Waiheke receives 2% of total funds, remaining funds allocated to all other boards based on 90% population, 5% deprivation and 5% land area.

17. The following pages present these five models in table and chart form.

18. Other potential funding attributes that have not been included in the modelling are:

· rates paid: there is no relationship with need for services, and support was low for this attribute during the last review, with six boards in favour;

· current levels of capital expenditure: data on regional activities is unavailable at local level. Levels of expenditure on local assets are not relevant to the purpose of the capex fund. Gaps in the provision of assets will be met through the relevant network facilities plan; and

· population growth: growth will be addressed every three years through the proposed allocation formula.

19. The charts show the following:

· using land area as an allocation factor significantly increases funding to Rodney and Franklin Local Boards;

· Great Barrier Island receives less than $7,000 under a population based allocation. This rises to $77,000 under the allocation formula that includes deprivation and land area; and

· providing Great Barrier and Waiheke with fixed allocations under the LDI allocation and Transport models only has a small impact on the other 19 boards.

20. In determining the appropriate funding levels for Great Barrier and Waiheke consideration should be given both to the total value of the funding over three years, and the typical costs of activities likely to undertaken by these boards. The following table shows the level of funding these boards would receive over three years in comparison to the next smallest board, Papakura:

Allocation formula model	Three year capex funding allocation for
Allocation formula model	Great Barrier	Waiheke	Papakura
Board Population size	900	8,400	45,000
A: 100% population	$20,000	$180,000	$970,000
B: 95% population + 5% deprivation	$130,000	$260,000	$1,000,000
C: 90% population + 5% deprivation + 5% land area	$230,000	$290,000	$970,000
D: GBI: 2.3% Waiheke 2.7% (Current LDI allocation)	$690,000	$820,000	$940,000
E: GBI: 1% Waiheke 2% of total fund	$300,000	$600,000	$960,000

21. The average cost for SLIPs projects in the last financial year was $31,000 for Great Barrier and $27,000 for Waiheke. Under Model E, Waiheke would receive two per cent of the fund, and be able to deliver 20 average cost projects over three years. Great Barrier would receive one per cent of the fund and be able to deliver 10 average cost projects over the same period. Those boards can, of course, accumulate funds over the three year period to undertake larger projects.

22. Staff consider there is a strong case for using the same formula for LDI and the capex fund to maintain consistency in the allocation. However, there is also a case for excluding land area given its impact on the distribution of funding.

23. Staff consider that allocating Great Barrier and Waiheke the same proportion of funding as they receive from the LDI opex fund would over fund these boards compared to other board areas. Staff recommend an allocation of one per cent of the total fund to Great Barrier, and two per cent to Waiheke would be appropriate.

Decision making process for capex projects

24. The chart on the following page provides an overview of decision making pathways for each type of project.

25. Staff will work with local boards to develop guidelines for facilities partnerships (including feasibility studies) and community-led projects.

Bringing future capex allocation forward

26. The governing body has proposed that the fund be managed over a three year period, aligned with the Long-term Plan (LTP) planning cycle. Local boards can use their entire three year allocation for one project or spread it over the three years for smaller projects. This provides boards with greater choice in the size and timing of projects they undertake.

27. As a practical consideration, it is unlikely that all 21 local boards would be in a position to bring forward their three years of funding to 2015/16. However, in the event that this was to happen, the projects would need to be assessed against the modified “gateway” process to ensure they were able to be delivered.

28. Budget for the local board capex fund is included in the Long-term Plan. Local boards’ can only bring three years budgets forward, however, so future decision making is unencumbered.

Role of LDI funding

29. The table below sets out how the capex fund and LDI funding could be used for different types of projects.

Funding Type	Project Type	Capex Fund		LDI Opex fund
Capex	Minor Asset based projects (less than $1M)	ü	GB funds consequential opex	?	LBs fund consequential opex (feedback sought)
	Top-up of regional projects and renewals	ü	GB funds consequential opex	?	LBs fund consequential opex (feedback sought)
	Major Asset based projects (greater than $1M)	ü	GB approval required. GB funds consequential opex.	û	Must use Capex fund for large projects
Opex	Capital grants to community groups	ü	Debt funded opex. Must be included in annual plan	ü	Standard opex expenditure
Opex	Feasibility Studies	ü	Debt funded opex. Must be included in annual plan	ü	Standard opex expenditure

30. Local boards are currently able to fund capital projects using their LDI budget by funding the consequential opex. The capex fund largely does away with the need for this, and the Mayor’s report proposed the removal of the ability to fund major new facilities with opex funded by their LDI funding. This raises the question of whether local boards still need the ability to use LDI funding to fund minor capital projects. The table sets out the key differences between the capex fund and LDI funding for capital projects.

Capex fund	LDI opex fund
GB funds consequential opex	LB funds consequential opex
Easier for GB to control and plan for debt (set amount available for three years)	Creates variable unknown capex requirements on an annual basis
Simplified reporting processes	Complex financial reporting required to track LB funding vs regional funding

31. Staff recommend that local boards’ do not fund minor (less than $1 million) capital projects with LDI funding from 1 July 2016. This will not impact projects that boards have already committed to funding.

32. Local boards should provide feedback on whether they see a need to use:

· LDI budget to fund minor capital projects; and

· Capex funding to bring regionally funded projects forward.

Transferring LDI to Capex

33. Local boards may transfer their currently approved capex projects paid for by LDI funding (as outlined in their Local Board Agreements 2015/16), to the new discretionary fund. This will free up their LDI opex again and remove the need to fund consequential opex.

Deferral of Capex

34. Normal deferral conditions apply to the capex fund. Projects cannot be planned outside of the three years but funds may be deferred if projects are unable to be completed within this period.

Transition for current capex allocations

35. There will be no transition mechanism for any existing capex budgets held by some local boards. The governing body has decided that this fund will replace the current Facilities Partnership Fund.

36. Projects that have already been committed to through the Facilities Partnership Fund will need to be funded from the relevant boards’ capex fund allocation.

Local Boards Funding Policy

37. The current Local Boards Funding Policy must be amended to provide for the allocation of capex funding. This is an amendment to the Long-term Plan requiring use of the special consultative procedure (SCP), with a public consultation period of one month.

38. Staff propose to amend the LBFP to provide a general formula for allocating any non LDI funding. This will avoid the need to amend the LBFP every time the governing body decides to allocate local boards funding that is not for locally driven initiatives.

Consideration

Local Board views and implications

39. The proposal does not impact the allocation of decision making.

Significance and Engagement

40. The proposed capex fund is a minor change in the scale of council’s budget and funding for local activities. As such it is not a significant change. However, creating a new funding allocation for local boards requires an amendment to the Local Board Funding Policy, and consequently the Long-term Plan.

41. Council is required to undertake a special consultative process for any amendment to the Long-term Plan.

Implementation

42. The proposed amendment to the Local Board Funding Policy is not significant. As such, the amendment to the Long-term Plan will not need to be audited.

Attachments

There are no attachments for this report.

Signatories

Authors

Beth Sullivan - Principal Advisor Policy

Authorisers

Matthew Walker - General Manager Financial Planning Policy & Budgeting

Karen Lyons - Manager Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

21 July 2015

New community lease to Milford Tennis Club Incorporated, Kitchener Park, Milford

File No.: CP2015/12581

Purpose

1. This report seeks Devonport-Takapuna Local Board approval for a new community lease to the Milford Tennis Club Incorporated for part of Kitchener Park, Dodson Avenue, Milford.

2. Land owner approval is also requested to allow the Milford Tennis Club to demolish the existing clubrooms and erect a new building in the space between the upper and lower tennis courts on the site.

Executive Summary

3. The Milford Tennis Club Incorporated (the club) has a community lease for the site occupied at Kitchener Park that will expire on 31 August 2015 (refer Attachment A).

4. The building and improvements on the site are owned by the lessee.

5. As specified in the Auckland Council Community Occupancy Guidelines 2012, groups that own their own buildings have an automatic right to apply for a new lease at the end of their occupancy term. There is no requirement to undertake an expression of interest process. The club wishes to exercise this right and has applied for a new community lease of the site on Dodson Avenue.

6. The land occupied and used by the club comprises Pt Lot 16 DP 7533, Lot 17 DP7533, Pt Lot 6 Allotment 86 Parish of Takapuna and Pt Allotment 317 Parish of Takapuna held in fee simple by Auckland Council as classified recreation reserve and subject to the Reserves Act 1977, together with Lot 18 DP 7583, Pt Lot 19 DP 9490 and Pt Lot DP 657 held in fee simple by Auckland Council under the Local Government Act 2002.

7. This report recommends the grant of a new community lease to The Milford Tennis Club Incorporated for ten years commencing 1 September 2015 with one ten-year right of renewal. This is the recommended term in accordance with the Auckland Council Community Occupancy Guidelines July 2012.

8. Landowner consent is sought to permit the club to demolish the existing clubrooms that have structural issues and erect a new building on the site. The proposed clubrooms will provide a lounge, meeting room, administration space, toilets and changing facilities over two levels. Council staff have had the opportunity to consult with the club throughout the design process and consider that the proposed facility makes best use of the space available and the topography of the site.

9. The proposal has support, subject to the site of the existing building being reinstated to the satisfaction of the Manager Parks Sport and Recreation, and the club securing and adhering to any necessary resource and building consents required to demolish the existing building and to erect the new clubrooms as shown on the plans prepared by Ashton Mitchell numbered A101, 111,124,125 and 151 dated January 2015 (refer Attachment B).

10. The site of the new clubrooms will sit within the club’s leased area. The proposed lease area will extend to 445m², which is approximately 26m² less than the area currently occupied. The demolition and reinstatement of the area occupied by the existing clubrooms will allow council to develop an improved walkway from Dodson Avenue to Pierce Road, which aligns with the objectives stated in the operative reserve management plan to connect the two sites.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve a new community lease to The Milford Tennis Club Incorporated for Pt Lot 16 DP 7533, Lot 17 DP7533, Pt Lot 6 Allotment 86 Parish of Takapuna and Pt Allotment 317 Parish of Takapuna that are held in fee simple by Auckland Council, as classified recreation reserve and subject to the Reserves Act 1977, together with Lot 18 DP 7583, Pt Lot 19 DP 9490 and Pt Lot DP 657 that are held in fee simple by Auckland Council under the Local Government Act 2002, subject to the following:

i) Term – 10 years commencing 1 September 2015 with one 10-year right of renewal;

ii) Rent - $1.00 plus GST per annum if requested; and

iii) The Milford Tennis Club Incorporated Community Outcomes Plan as approved be attached to the lease document (Attachment C).

b) approve all other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines July 2012.

c) grant landowner consent to the Milford Tennis Club Incorporated to demolish the existing clubrooms and erect new clubrooms on the site, subject to the following:

i) the club securing all funding required to demolish the existing clubrooms and reinstating the site to the satisfaction of the Manager Parks Sport and Recreation;

ii) the club securing all necessary funding to erect the new clubrooms as shown on plans prepared by Ashton Mitchell numbered A101, 111,124,125 and 151 dated January 2015, and that no work will begin on site until all funding required to complete the development has been raised;

iii) the club securing and adhering to all necessary resource and building consents required to facilitate the development of the clubrooms and associated improvements;

iv) the club shall engage an Auckland Council Parks Department approved arboricultural contractor to undertake a review of the proposal and provide a report detailing a methodology and providing a professional opinion confirming that the proposal is able to be carried out without causing an adverse effect to the health and stability of any tree on site, noting that:

· the report shall also detail tree protection methodology on the site to be agreed with by the Parks Department, and

· the club shall engage an Auckland Council Parks Department approved works arborist to monitor the work on site during the construction period at the cost of the Milford Tennis Club Incorporated.

v) The club shall agree that any ongoing maintenance required to the new building as a result of any tree on the site shall be carried out by the club at the clubs cost, e.g. the club shall accept that trees on site will drop leaves and other litter on and around the building and it will be the club’s responsibility to design the roof and gutter accordingly and undertake any necessary maintenance to the building in the future; and

vi) Auckland Council Parks Department must be approached for its approval for any tree removals and/or works within the drip line of any tree before any work is carried out on site, and that:

· mitigation planting shall be carried out by the club and must be approved by Auckland Council Parks Department; and

· mitigation planning must follow the provisions of ‘Planting and Lawn Works Specification – Version 7’.

Comments

11. The Milford Tennis Club Incorporated has occupied the site on Kitchener Park for approximately 80 years.

12. The improvements owned by the club include clubrooms, volley walls, six AstroTurf courts, floodlights and fencing.

13. The premises are generally well maintained. However, the clubrooms have structural issues and do not meet current earthquake specifications. The club initially considered strengthening and renovating the existing clubrooms, but following the advice of two separate structural engineers the club has acknowledged that it would be better to demolish the existing building and erect new clubrooms. The proposed building will have a smaller footprint but will take better advantage of the topography and layout of the site, as well as enabling greater use of the space by having two separate meeting/lounge areas that can be occupied by different users at the same time, each having access to toilets etc.

14. The cost of the new development is estimated at $535,000. The club has already sourced $421,000 and is confident that the additional funds required to complete the new clubrooms can be secured from further fundraising efforts and events. The funds committed are:

· $200,000 Auckland Council Community facility Development Fund;

· $51,000 ASB Trust;

· $20,000 New Zealand Community Trust (NZCT);

· $20,000 Youthtown Incorporated; and

· $130,000 Milford Tennis Club funds.

15. The club does not hold a liquor licence and has no plans to make any application for one.

16. The club currently has approximately 550 members, more than half of which are under 20 years of age.

17. It has a focus on young players and family memberships, and has regular social gatherings and events to encourage this.

18. The club is mentioned favourably in the Auckland Region Tennis Facility Strategy (March 2015). The strategy identifies that there is latent demand in the northern area that will increase as the population increases. It identifies that the number of players per court across the Auckland region sits at 34. This figure increases to 57 in the Devonport-Takapuna Local Board area, with Milford Tennis Club currently showing approximately 92 members per court and being the second busiest club in the region.

19. The financial accounts provided indicate that the club’s funds are sufficient to meet its liabilities and are being managed appropriately.

20. The club has all necessary insurance cover in place, including public liability insurance.

21. The site is held in in a number of legal parcels, several of which are classified recreation reserve and managed in accordance with the Reserves Act 1977 with others that are held in fee simple and managed under the Local Government Act 2002. The operative reserve management plan for Lake Pupuke that includes Kitchener Park and was adopted in 2005 contemplates the activity, and there is no requirement to publicly notify the proposed lease to the club.

22. A small part of the tennis court at the south east of the site that fronts onto the turning circle at the bottom of Dodson Avenue occupies land that is legal road. Auckland Transport is currently processing a request to permit Auckland Council to issue a licence to the Milford Tennis Club. This area is outlined blue on the site plan attached (refer Attachment A). The club accepts that this licence may be terminated by giving one month written notice and has accepted all responsibility regarding the maintenance of the area (refer Attachment D).

23. Council staff have sought input from relevant council departments. Support has been unanimous.

24. Letters of support from Tennis Northern Region Incorporated and Milford Village Forum are attached (refer Attachment E).

Consideration

Local Board views and implications

25. Council staff sought input at the Community Development and Resilience/Recreational and Community Facilities Portfolio meeting on 28 April 2015. No objections or concerns were raised at the time.

26. The recommendations within this report fall within the local board’s allocated authority relating to local, recreation, sport and community facilities.

Māori impact statement

27. There is no significance change or impact for Maori.

Implementation

28. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.

29. There are no cost implications for Auckland Council.

Attachments

No.	Title	Page
a View	Milford Tennis Club, Dodson Avenue, Milford (Under Separate Cover)
b View	Proposed Development Milford Tennis Club (Under Separate Cover)
c View	Milford Tennis Club Incorporated Community Outcomes Plan (Under Separate Cover)
d View	Letter regarding area to be licenced by Auckland Transport (Under Separate Cover)
e View	Letters of Support (Under Separate Cover)

Signatories

Authors

Maureen Buchanan - Community Lease Advisor North

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

21 July 2015

New community leases at the Mary Thomas Centre and Takapuna Community Services Building, Takapuna

File No.: CP2015/12886

Purpose

1. This report seeks the approval of the Devonport-Takapuna Local Board for the following community leases:

i) a new community lease to Auckland North Community and Development Incorporated (ANCAD) for the ground floor premises in the Mary Thomas Centre, Gibbons Road, Takapuna;

ii) a new community lease to the Citizens Advice Bureau North Shore Incorporated for office 6 on the first floor of the Mary Thomas Centre; and

iii) a new community lease to The Multiple Sclerosis Society of Auckland and the North Shore Incorporated (MS Auckland) for Room 1 and the small office on the first floor of the Takapuna Community Services Building, The Strand, Takapuna.

Executive Summary

2. The Auckland Council Community Occupancy Guidelines direct that vacancies and under-utilisation of council owned premises be minimised.

3. Following a public advertisement and a number of ‘open homes’, interested parties were invited to make an application to secure a community lease for the vacant St Anne’s Rooms and/or The Wynn Williams Lounge on the ground floor of the Mary Thomas Centre. Expressions of interest were also sought for office 6 on the first floor of the building that has been vacated by YouthWorx (refer Attachment A).

4. On review of the low utilisation of Training Room 1 in the Takapuna Community Services Building, the Devonport-Takapuna Local Board considered it to be an opportune time to look at the results of the public expressions of interest process and consider if a suitable tenant could be identified for the space that would make better use of this community asset (refer Attachment B).

5. Applicants for community leases are required to meet eligibility criteria including legal status, sustainability, demonstrate a clear and effective governance structure and be in a sound financial position. They must provide programmes or services that align with the Local Board Plan and meet identified needs in the area.

6. Applications were received and considered for the St Anne’s Rooms together with the Wynn Williams Lounge from Auckland North Community and Development Incorporated (ANCAD), the Multiple Sclerosis Society of Auckland and The North Shore Incorporated (MS Auckland).

7. One application was received and considered for office 6 on the first floor from Citizens Advice Bureau North Shore Incorporated.

8. Applications were also received form the Alliance Francaise d’Auckland and The North Shore Branch of the New Zealand Society of Genealogists for The Wynn Williams Lounge. Both of these organisations on further consideration decided that the premises on offer did not suit their requirements. Council staff will continue to work with these applicants to identify more suitable premises.

9. Applications were screened for eligibility and ranked giving consideration to factors including:

· eligibility;

· financial stability and sustainability;

· strong governance with evidence of structure, business and strategic planning;

· links and established relationships with other community organisations and funding bodies;

· the suitability of the premises i.e. size, location, layout, accessibility;

· proposed use including how often the premises will be fully utilised;

· ability to share or collaborate with others organisations;

· requirement for resource or building consents;

· provision of new activities and innovation;

· non duplication of services already provided for or available in the area; and

· alignment with the objectives of the Local Board Plan.

10. This report recommends that the Devonport-Takapuna Local Board approve the following:

· a new community lease to ANCAD for the St Anne's Rooms and the Wynn Williams Lounge in order that the organisation can develop and promote a new community hub (refer Attachment A);

· a new community lease the Citizens Advice Bureau North Shore Incorporated for office 6 on the first floor office of the Mary Thomas Centre to enable it to better deliver its services with particular focus on the new settlement support contract it has secured (refer Attachment B); and

· a new community lease to The Multiple Sclerosis Society of Auckland and the North Shore Incorporated that will relocate from its current office in the Mayfield Centre, Mayfield Road, Glenfield that is too small to meet the needs of this growing organisation (refer Attachment C).

11. Both buildings sit on land that is held in fee simple by Auckland Council and not subject to the requirements of the Reserves Act 1977.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve a new community lease to Auckland North Community and Development Incorporated for the ground floor premises in the Mary Thomas Centre, Takapuna comprising the former St Anne’s Rooms extending to 187m² together with the Wynn Williams Lounge extending to 58m² on the following terms and conditions:

i. Term – one year commencing 1 August 2015 with one right of renewal for one year;

ii. Rent - $1.00 per annum;

iii. Operation charge of $6,125.00 per annum plus GST;

iv. Car parks numbered 20 and 21 located in the car park underneath the Takapuna Community Services Building will be allocated to this tenancy for use by the lessee whilst this agreement is in place; and

v. All other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines 2012.

b) approve a new community lease to Citizens Advice Bureau North Shore Incorporated for office 6 on the first floor of the Mary Thomas Centre, Takapuna extending to approximately 12m² on the following terms and conditions:

i. Term – one year commencing 1 August 2015 with one right of renewal for one year;

ii. Rent - $1.00 per annum;

iii. Operation charge - $300.00 per annum plus GST;

iv. Car park numbered 28 located in the car park underneath the Takapuna Community Services Building will be allocated to this tenancy for use by the lessee whilst this agreement is in place; and

v. All other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines 2012.

c) approve a new community lease to The Multiple Sclerosis Society of Auckland and The North Shore Incorporated for Training Room 1 together with small adjacent room extending in total to 73m² on the first floor of the Takapuna Community Services Building, Takapuna on the following terms and conditions:

i. Term – one year commencing 1 August 2015 with one right of renewal for a further one year;

ii. Rent - $1.00 per annum;

iii. Operation charge of - $1,825.00 per annum plus GST;

iv. Car parks numbered 18 and 19 located in the car park underneath the Takapuna Community Services Building will be allocated to this tenancy for use by the lessee whilst this agreement is in place;

v. The Multiple Sclerosis Society of Auckland and North Shore’s Community Outcomes Plan as approved be attached to the lease document (Attachment F); and

vi. Sll other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines 2012.

Comments

12. The Mary Thomas Centre is a two storey community facility in the centre of Takapuna that provides office accommodation for a number of community service organisations and three separate rooms of varying size that can be hired on a casual basis.

13. The premises are in sound order but require some internal redecoration.

14. The ground floor community rooms vacated by The St Anne’s Club for the Blind extend to approximately 187m².

15. The Wynn Williams Lounge, which is currently a venue for hire, is located adjacent to the St Anne’s Rooms and extends to approximately 58m².

16. Office 6 on the first floor vacated by YouthWorx extends to approximately 12m².

17. The Takapuna Community Services Building (TCSB) is a purpose built two storey community facility adjacent to the Takapuna Library that comprises the Takapuna War Memorial Hall, Takapuna Citizen Advice Bureau, Plunket, Takapuna Senior Citizens Club, Age Concern and the North Shore Hearing Association.

18. This accommodation is generally in good condition and reasonable decorative order.

19. Training Room 1 on the first floor of the TCSB is approximately 67m², and this together with the small adjacent office that is approximately 6m² is currently underutilised as a venue for hire. In consultation with the Devonport-Takapuna Local Board it was considered an opportune time to look at the applications received for the available spaces in the Mary Thomas Centre to see if any of the applicants could make better use of the community space available.

20. The Auckland Council Community Occupancy Guidelines July 2012 recommend that community groups occupying rooms within larger council buildings are required to pay an operational charge for the space occupied. The amount charged is based on recovery of the direct costs to council of providing the premises. These costs include building insurance, structural maintenance, utility charges, and water charges. At present the charge is levied at $25 per m².

The Expression of Interest Process

21. The Auckland Council Community Occupancy Guidelines direct that vacancies and under-utilisation of council owned premises be minimised.

22. Following a public advertisement in the North Shore Times in December 2014 a number of ‘open homes’ during January and February 2015 were held. Interested parties were invited to make an application to secure a community lease for the vacant St Anne’s Rooms and/or the Wynn Williams Lounge on the ground floor of the Mary Thomas Centre. Expressions of interest were also sought for office 6 on the first floor of the building that had been vacated by YouthWorx.

23. The applications received were screened and assessed by council staff from the Property Department, the community lease team and the Community Development and Safety Unit taking into account the undernoted factors as required by the Auckland Council Community Occupancy Guidelines 2012:

· eligibility;

· financial stability and sustainability;

· strong governance with evidence of structure, business and strategic planning;

· links and established relationships with other community organisations and funding bodies;

· the suitability of the premises i.e. size, location, layout and accessibility;

· proposed use including how often the premises will be fully utilised;

· ability to share or collaborate with others organisations;

· requirement for resource or building consents;

· provision of new activity/innovation /non duplication of service; and

· alignment with the objectives of the Devonport Takapuna Local Board Plan.

The Applicants

24. Two applications were received for the St Anne’s Rooms together with the Wynn Williams Lounge.

Auckland North Community and Development Incorporated (ANCAD)

25. Auckland North Community and Development Incorporated (ANCAD, formerly known as NSCSS) was established in 1974. The organisation’s vision is to work together with communities to build resilience, safety and connectivity. It champions positive change through effective community development that builds strong networks and community wellbeing.

26. ANCAD has applied for a community lease in response to an identified need for a community hub in central Takapuna.

27. It currently has over 20 community organisations meeting together to explore a collaborative way of working with ANCAD forming the backbone of the group. The collective, which includes the North Shore Family Prevention Network and the North Shore Child Focus Group, is supported by a number of government agencies including Child Youth and Family, Work and Income, NZ Police and the Ministry of Social Development (MSD). MSD has funded an assessment on the development of a virtual hub where organisations can share ideas and expertise, and a physical hub where they can come together to plan and deliver services and programmes. The premises at the Mary Thomas Centre offer an opportunity to create this hub and will ensure that the vacant accommodation on the ground floor of the building is better utilised and offer organisations both new and established the chance to make a difference to their communities and clients.

28. The hub at the Mary Thomas will also provide access to hot desks, meeting space and counselling rooms when required on a casual or ad-hoc basis.

29. The application comes from an organisation that has a proven record with council, has the support of others in similar and related fields in the community, fits with the accommodation on offer and importantly also fits with the existing tenants in the building.

30. The organisation has given full consideration as to how it will demonstrate and ensure that the needs identified are being met. Evaluation and evidence processes will be built into the design of the project and ANCAD has contracted Sarah Appleton-Dyer BSC Hons, MA Dist, PHD who is a specialist in the field of evaluation and currently leads the evaluation portfolio at Synergia, as well as being a member of Aotearoa New Zealand Evaluation Association Board. ANCAD will also be reporting on the activities and progress made through its accountability report that it will submit to the local board every six months.

31. ANCAD has indicated that it would like to redecorate the space available but has no plans to make any structural alterations to the facility.

32. It is recommended that this applicant be granted a community lease of the available premises on the ground floor of the Mary Thomas Centre.

The Multiple Sclerosis Society of Auckland and the North Shore Incorporated

33. The Multiple Sclerosis Association of Auckland and the North Shore Incorporated (MS Auckland) is currently located in the council owned Mayfield Centre in Glenfield where it has been providing services since 1989.

34. The organisation has grown considerably and the premises at the Mayfield Centre can no longer accommodate the four field workers, manager and numerous volunteers - many of whom now have to work remotely due to the lack of space.

35. MS Auckland is an independently funded support organisation that provides advice, information, education and support to people with multiple sclerosis, their families and caregivers.

36. The organisation’s mission is to minimise the impact of multiple sclerosis on individuals ensuring that they can feel connected, supported and valued in their communities and continue to lead a full, active and productive life.

37. Funding is received from the Ministry of Health, however the organisation relies heavily on donations and fundraising activities to enable continuation of the many services, support groups and activities it provides.

38. The organisation currently has 382 volunteers, 624 active clients, 5 full time and 3 part time staff that are all involved in delivery of its services that include home and hospital visits, education and support workshops and the provision of resources and materials to its members (refer Attachment G).

39. MS Auckland has indicated that it would like to redecorate the space available but has no plans to make any structural alterations to the facility.

40. It is recommended that this applicant be granted a community lease of the available premises on the first floor of the Takapuna Community Services Building.

Citizens Advice Bureau North Shore Incorporated (CABNS)

41. This organisation was formed to provide governance and management support to the Birkenhead, Takapuna, Glenfield and Northcote branches of the CAB.

42. CABNS already occupies Office 7 in the Mary Thomas Centre, however the addition of Office 6 will allow the organisation to deliver the services associated with the contract it has secured with the Ministry of Business, Innovation and Employment.

43. The contract requires face to face settlement support advice together with the provision and management of workshops to new migrants.

44. The organisation will measure and demonstrate that its objectives are being met using data from client satisfaction surveys, and will present this with the information on the numbers accessing the service to council every six months in its accountability reports.

45. CABNS has indicated that it would like to redecorate the space available but has no plans to make any structural alterations to the office.

46. It is recommended that this applicant be granted a community lease of Office 6 on the first floor of the Mary Thomas Centre.

Alliance Francaise d’Auckland Incorporated

47. Alliance Francaise d’Auckland Inc. is part of a worldwide organisation that promotes the French language and culture.

48. It has approximately 250 members in Auckland, 600 students accessing its language classes and last year attracted 13,000 to its cultural events.

49. The organisation submitted an application for the Wynn Williams Lounge, but upon further consideration of the accommodation on offer and the requirements for classroom space, decided not pursue this property at this time.

50. Council staff will continue to work with Alliance Francais d’Auckland to identify more suitable accommodation that better meets the applicant’s needs.

North Shore Branch of the New Society of Genealogists (NS Genealogists)

51. This organisation currently occupies a room in the Marlborough Hall.

52. It provides advice and resources for those wishing to gain knowledge on genealogy and related fields.

53. The members of the groups made an application for the Wynn Williams Lounge. However, upon consideration of the availability of parking and the costs associated, the organisation decided not to pursue this option at this time.

54. Council staff will continue will continue to work with the members of the North Shore Branch and the members of the incorporated society in Auckland that would need to take the lease from council on behalf of the North Shore Branch to identify premises that better meet the needs of the organisation.

Consideration

Local Board views and implications

55. This matter was discussed with the Devonport-Takapuna Local Board Community Facilities Portfolio Holders at the meetings held on 24 March and 28 April 2015.

Māori impact statement

56. There is no significant change or impact for Maori associated with the recommendations in this report.

Implementation

57. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.

58. There are no cost implications for Auckland Council.

Attachments

No.	Title	Page
a View	The Mary Thomas Centre, Gibbons Road, Takapuna (Under Separate Cover)
b View	The Takapuna Community Services Building, The Strand, Takapuna (Under Separate Cover)
c View	St Annes Rooms and the Wynn Williams Lounge, The Mary Thomas Centre (Under Separate Cover)
d View	Office 6, First Floor, The Mary Thomas Centre (Under Separate Cover)
e View	Training Room 1 and Office, Takapuna Community Services Building (Under Separate Cover)
f View	Multiple Sclerosis Society of Auckland and The North Shore Incorporated, Community Outcomes Plan (Under Separate Cover)
g View	The Activities of the Multiple Sclerosis Society of Auckland and The North Shore Incorporated (Under Separate Cover)

Signatories

Authors

Maureen Buchanan - Community Lease Advisor North

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

21 July 2015

Review of Alcohol Bans 2015

File No.: CP2015/12801

Purpose

1. To confirm the date, time and location of hearings on the review of alcohol bans.

Executive Summary

2. Local boards have delegated responsibility to review the local alcohol bans in their local board areas.

3. The purpose of the review is to identify which existing local alcohol bans meet a new higher statutory threshold to enable them to be retained. Alcohol bans that do not meet the threshold will lapse on 31 October 2015.

4. 15 local boards have decided to undertake full public consultation, to obtain a greater understanding of the impact of alcohol related crime or disorder in the current alcohol ban areas.

5. The public consultation period runs from 19 June to 17 July 2015, where residents and stakeholders are being asked to provide evidence of alcohol related crime or disorder in their local parks, reserves, or open spaces (see Attachment A).

6. Public hearings will take place in August 2015-September 2015 for those submitters who have indicated that they wish to be heard. These will be heard by the designated Alcohol Ban Review Hearings Panel of the local board, as per the local boards’ resolution at the May business meeting.

7. The Alcohol Ban Review Hearings Panel is charged with determining which existing alcohol bans should remain and which should lapse, and making recommendations to the full local board by 31 October 2015.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive this report.

b) note that the board has agreed at the 19 May business meeting:

i. to undertake full public consultation, to obtain a greater understanding of the impact of alcohol-related crime or disorder in the current alcohol ban areas; and

ii. that a hearings panel will hear from members of the public on this issue.

c) confirm that hearings on this issue will occur on 1 September, Council Chambers, Level 3, 1 The Strand, Takapuna, at 9am.

d) confirm that deliberations on this issue will occur after the hearing of the last submitter within the hearing meetings scheduled in c), or otherwise on 11 September, Council Chambers, Level 3, 1 The Strand, at 9am.

e) note that the above dates will also be advertised in the North Shore Times.

f) note the report received in May, which set out the proposal to review alcohol bans in the local board area and outlined the process for the review of alcohol bans.

Comments

8. Alcohol bans are an accepted and effective way of helping to reduce alcohol related crime. They limit the amount of alcohol consumed in public places. This helps reduce crime including levels of intoxication, noise, litter, harm, and disorder.

9. Alcohol law reforms in 2013 resulted in amendments to the Local Government Act 2002 requiring all existing alcohol bans to be reviewed by 31 October 2015. The purpose of the review is to identify which existing local alcohol bans meet a new higher statutory threshold to enable them to be retained. Local boards will determine which existing alcohol bans should remain and which should lapse, based on the new statutory threshold.

10. Any existing alcohol bans not reviewed by 31 October 2015 will lapse (expire). New alcohol ban requests will be addressed from 1 November 2015 on a priority basis.

11. 15 local boards have decided to undertake full public consultation, to obtain a greater understanding of the impact of alcohol use in the current alcohol ban areas. In addition, a designated alcohol hearings panel will hear from members of the public on this issue.

12. The public consultation process began on 19 June 2015, and public hearings will take place in August-September 2015.

13. The public submission process is specifically designed to obtain evidence of alcohol-related crime or disorder from the public for those alcohol bans where legacy council information or police data is limited. The decision required of the local board is which existing alcohol bans to retain and which to lapse.

14. The Regulatory and Bylaws Committee is also involved with this process.

Consideration

Local Board views and implications

15. This report seeks confirmation of hearings dates, times and location, for the Alcohol Ban Review Hearings Panel.

Māori impact statement

16. Managing alcohol related crime and harm associated with people consuming alcohol in public places increases opportunities for health and wellbeing, which is consistent with the outcomes of the Māori Plan for Tāmaki Makaurau.

17. Feedback from mana whenua representatives at a hui held in March 2015 supported alcohol bans in principle, and believe that non-regulatory approaches should be considered to help reduce alcohol related crime and harm.

Implementation

18. The public should be informed about the date, time and location of the hearings.

Attachments

No.	Title	Page
a View	Alcohol Ban 2015 submission form and frequently asked questions (Under Separate Cover)

Signatories

Authors

Chantal Creese – Senior Policy Advisor

Authorisers

Eric Perry - Relationship Manager

Karen Lyons - Manager Local Board Services

Devonport-Takapuna Local Board

21 July 2015

Auckland Transport update on issues raised in June 2015 for the Devonport-Takapuna Local Board

File No.: CP2015/13275

Purpose

1. This report provides an update on transport related issues raised by local board members during June 2015. It also includes general information about matters of interest to the local board and the schedule of issues raised in June 2015 (refer to Attachment A).

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Auckland Transport issues update report for June 2015.

Auckland Transport News

Auckland Council adopts 10-year budget

2. Auckland Council has adopted its ten-year budget, setting rates, introducing an interim transport levy and agreeing on the level of investment in the region for the next ten years.

3. In addition to general rates increases, to help fund a number of crucial transport projects including busways, cycleways and walking options over the next three years, an interim transport levy will be introduced while the council works with central government on a transport accord to find alternative funding sources.

Consultation on New Bus Network for the North Shore

4. Transformation of Auckland’s public transport network is well underway, and feedback was open until 13 July on proposed changes for the North Shore.

5. Rapid buses on the Northern Busway, new frequent services across the North Shore, improved neighbourhood services to get to the busway, and a simpler, more connected network are some of the features included in the proposed changes.

6. For the North Shore, this means making the Northern Busway more accessible to more people, and also increasing the number of local and Auckland-wide destinations passengers can travel to once they get to a busway station

7. The plan includes four new frequent services proposed for key routes across the North Shore. These buses will run at least every 15 minutes between 7am to 7pm, 7 days a week, so passengers can simply ‘turn up and go’, even on the weekend.

8. The Frequent Network will be supported by connector and local services, with lower frequencies appropriate to passenger demand.

9. The launch of the North Shore New Network is planned for 2017.

Parking in Auckland

10. Auckland Transport has adopted a strategy which will mean a consistent approach for parking across the region.

11. The strategy allows for a case by case approach to parking taking into account local issues and the views of local boards and the community.

12. Parking is an integral part of the public transport and road networks. Most vehicle journeys involve parking at some stage and the decision to drive, particularly for commuting purposes, influences public transport patronage and congestion on roads.

13. The guiding principles and policies have taken into consideration the issues raised in over 5,500 submissions, discussions, and in numerous workshops that have been held over the past 12 months.

14. The parking strategy sets out the objectives and policies relating to AT’s management and supply of parking across Auckland.

The policies cover:

· the management of on-street and off-street parking;

· parking on residential streets, including managing parking schemes;

· parking on arterial roads, including town centres;

· parking permits and coupons including technology improvements;

· motorcycle, electric vehicle and car-share parking policies;

· event management;

· technology for parking management; and

· park and ride provision and pricing.

The City Rail Link Showcase

15. The City Rail Link (CRL) showcase attracted a steady stream of visitors in 10 of the 13 town centres it has been held in so far. Hundreds of visitors have been very interested to learn about the benefits the CRL will bring to the city as a whole, as well as how the first stage of construction will roll out later this year.

16. The showcase was held at venues across the region and on the North Shore at the Takapuna Sunday Market on 7 June 2015, and outside the chemist in Mokoia Road, Highbury, on Friday 12 June 2015.

17. Over a 40-year period the CRL is expected to generate travel time savings worth around 60 days for the average train user.

New design Auckland bus shelters

18. Last year Auckland Transport asked for public feedback on three new bus shelter designs that were being trialled on Symonds Street in the CBD.

19. The level of interest in the trial shelters was very encouraging with 856 feedback responses received. Public feedback helped Auckland Transport gauge how the community felt about the trial designs and provided several ideas on how to make Auckland’s new bus shelter even more appealing to bus users.

20. The designs were assessed against a range of criteria, such as public feedback, value for money, customer comfort, durability, and ease of construction. Shelter A (image below) is the final choice, being attractive, adaptable, innovative, safe and comfortable.

21. The new shelter will help to create a more recognisable bus network and it will make life much more pleasant for everyone who uses the buses. The shelter is a modular system so it can be configured to reflect local settings by using different sizes and layouts, building the shelter out of materials that reflect local character and attaching or inscribing art work on the shelter.

22. The new shelter will gradually be rolled out across Auckland from the middle of the year.

Devonport Marine Square

23. The upgrade to the square near the Devonport Ferry Terminal has been completed. The construction of the new boardwalk and associated improvements to the boardwalk/building interface are nearing completion and should be ready for public use this month. Opening events are planned in July.

Downtown Ferry Terminal Pier 4

24. Tender for the design and construction of the replacement pontoon, new covered gangway, electronic ticketing, CCTV and amenity facilities is now closed and has been awarded to Total Marine Services. The construction programme is proposed to be substantially complete by the end of July.

Cycling

25. Nelson Street – The construction of a segregated two-way cycle lane on the western side of Nelson Street, from Union Street to Victoria Street, is expected to start in July. The work will align with a section being constructed by the New Zealand Transport Agency (NZTA) that makes use of an old motorway ramp (see image below).

26. The project will extend connectivity of cycling in the central area of Auckland by creating a dedicated and well-defined route running north and south on the western side of the CBD and will complement the Grafton Gully Cycle Route on the eastern side of the CBD.

27. The project will change the use of the existing traffic lane on the western side of Nelson Street between Union and Cook Street to a segregated two way cycle facility. Between Cook Street and Victoria Street, the removal of some off-peak bus and car parking will be necessary.

Nelson Street Cycle Bridge

28. Work is under way to investigate the continuation of the route to Quay Street.

29. Carlton Gore Road – Construction is underway of the Carlton Gore Road cycle lane, including safety improvements at the George Street intersection. The majority of the works will be complete by the end of the month.

New funding a major boost for urban cycling in Auckland

30. Cycling in Auckland will be safer, easier and more enjoyable following an announcement of the projects to be included in the Government’s Urban Cycleways Programme.

31. The $24.75 million for cycling in Auckland confirmed by the Transport Minister, Hon. Simon Bridges, takes Urban Cycleway Programme (UCP) funding in Auckland to $90 million. The UCP is comprised of funding from the Government’s Urban Cycle Fund, the National Land Transport Fund and local share funding.

32. The programme, which will be jointly delivered by Auckland Council, the NZTA and Auckland Transport, will be used to accelerate key projects over the next three years and help establish cycling as an integral part of Auckland’s transport network in line with the long-term vision set out in the Auckland Plan.

33. The announcement takes the total investment in cycling across Auckland for the next three years to approximately $200 million, and is a positive step towards the strategic long-term vision for cycling in Auckland.

34. Central government funding enables Auckland Council, Auckland Transport and the NZTA to jointly speed up the delivery of a world-class cycle network for the city.

35. The funding is part of the Urban Cycleways Programme, which will see $296 million invested in 41 projects across the country.

36. The significant increase in investment will help ease Auckland’s congestion and make cycling a safer and more attractive transport option - a key new priority for the NZTA.

37. With a 20% increase in cycle journeys over the past five years, more Aucklanders are choosing to cycle than ever before. This programme will help grow the number of people cycling in Auckland by creating a city where people can feel safe riding a bike.

38. The focus for the next three years will be improving cycling facilities in the city and to the city, along east and west corridors. Auckland Transport will also improve cycling access to key public transport hubs in Glen Innes and New Lynn (see below).

39. The objective is to get as many people as possible cycling for the money available, which is why the emphasis is on these projects. Auckland Transport is also planning on-going education and promotional programmes to support this new infrastructure.

Auckland’s Urban Cycleway Programme

40. The City Centre Network of separated cycleways and intersection treatments is expected to increase the number of journeys per day to more than 8,500. The total estimated cost is $20.33 million, made up of an estimated $7 million local share, an estimated $7 million National Land Transport Fund share and a $6.33 million share from the Urban Cycleways Fund.

41. An additional 10.8 km of cycling routes is proposed to provide eastern connections to the city centre. The total estimated project cost is $39.03 million, made up of estimated equal shares of $13.01 million from local sources, the National Land Transport Fund and the Urban Cycleways Fund.

42. A safer and more direct route to the city centre will be provided for residents from the western suburbs, including improved links to the North Western cycleway and connections with the Waterview shared path. The total estimated cost is $11.37 million, made up of around $4.57 million each from local sources and the National Land Transport Fund, as well as $2.23 million from the Urban Cycleways Fund.

43. Improved cycling links will be made to the New Lynn and Glen Innes public transport interchanges. The total cost is $18 million, made up of an estimated $7.41 million each of local and National Land Transport Fund shares and $3.18 million from the Urban Cycleways Fund.

Wider Investment in Cycling for the Auckland Region

44. In addition to the Urban Cycleways Programme there are a number of other cycling projects funded through various funding channels which takes the overall investment in cycling across Auckland for the next three years to an estimated $200 million.

45. The Urban Cycleways Programme is designed to take full advantage of all available funding sources, including the National Land Transport Fund and local government, to enable high-quality projects to get underway much sooner than may otherwise have been the case.

46. The NZTA anticipates the total investment in cycling in New Zealand over the next three years will be around $380 million to $400 million, delivering more than 250 km of new urban cycleways and greater network connectivity.

Consideration

Local board views and implications

47. This report is for the local board’s information.

Māori impact statement

48. No specific issues with regard to the Maori impact statement are triggered by this report.

General

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

Implementation

50. There are no implementation issues.

Attachments

No.	Title	Page
a View	Devonport-Takapuna Local Board issues raised by members - June 2015 (Under Separate Cover)

Signatories

Authors	Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport
Authorisers	Roger Wilson, Council Engagement Manager, Auckland Transport

Devonport-Takapuna Local Board

21 July 2015

Monthly Local Board Services report - June 2015

File No.: CP2015/13747

Purpose

1. The purpose of this report is to keep track of progress against the outcomes identified in the local board plan, to provide members with an overview of local board activity during the past month.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the report.

b) ratify the board’s submission to the Auckland Transport New Network public transport review for the North Shore.

c) allocate $4,150 from the Civic Events budget towards activities at the Devonport Wharf opening ceremony.

Board briefings

2. The following regional and sub-regional briefings with the Devonport-Takapuna Local Board took place in June:

· Auckland Transport North Shore new network consultation (4 June);

· Transformation change forum – LED lighting for outdoor spaces & sports parks (8 June);

· Regional strategy and policy workshop to discuss the implementation of the weed management policy for parks and open spaces (18 June);

· Local board briefing – Auckland Regional Amenities Funding Act 2008 – funding model review (22 June);

· Capital funding briefing (22 June); and

· Local board Chair’s forum (22 June).

3. A Devonport-Takapuna Local Board briefing occurred on 2 June, 2015. Records of the briefing are attached to a separate report on this agenda.

4. The board briefing on 28 July is scheduled to cover the following:

· Results of public feedback exercise – Takapuna Beach Reserve

Strategic updates

Parks

Implementation of the Weed Management Policy for Parks and Open Spaces

5. On 18 June there was an ‘all boards’ workshop with the governing body on the implementation of the Weed Management Policy. The workshop was informed by a panel of technical specialists in the management of weeds. Member Cohen was in attendance on behalf of the Devonport-Takapuna Local Board.

6. The Weed Management Policy was adopted by the Governing Body in August 2013. It contains 32 policy actions, of which six are still to be implemented. Workshop participants were advised that there is no single control method for managing weeds – a variety of tools must be used for effective management (e.g. chemical, manual weeding, mechanical control). It was noted that the Weed Management Policy contains as one of its objectives a requirement to minimise the use of agrichemicals.

7. A number of areas for improvement of the management of weeds were identified including outcome-based contracts, mechanical control on slopes and banks, increasing desirable plant cover or mulching, sweeping channels to reduce environmental suitability for weeds and the development of a web-based ‘no spray register’ and notifications site.

8. On Thursday 2 July the Regional Strategy and Policy Committee approved the establishment of a political advisory group to provide oversight of the implementation of Auckland Council’s Weed Management Policy. The political advisory group will include between 6 to 10 local board members, however, at the time of writing the makeup of the group was unknown. A Weed Management Policy best practice reference group will also be established in parallel via an expression of interest process. In addition, staff will develop a web-based tool to assist the public to manage weeds, and the development of a planting guide to control weeds.

Regional Greenways budget

9. At its June meeting, the Devonport-Takapuna Local Board asked officers to report back on any unallocated Regional Greenways budgets that may be available for local Greenways projects.

10. On Friday 8 May the Budget Committee received a report entitled “A regional approach to Greenways”. The purpose of the report was to provide an update on the planning and implementation of a regional greenways programme.

11. The regional greenways plan will provide an enabling framework for the greenways initiative. The regional plan would seek to:

· promote the delivery of a greenways network as a ‘flagship’ initiative, setting out the multiple benefits greenways can deliver and their direct contribution towards the vision of Auckland as the world’s most liveable city;

· map a strategic greenway network, which will overlay and complement local greenways networks; and

· identify priority regional greenways projects and an implementation plan for their delivery.

12. The Budget Committee endorsed the development of a regional greenways network plan to complement local board greenways plans and the Auckland transport active transportation plans. It also endorsed the establishment of a greenways advisory group to oversee the development and implementation of the regional greenways plan.

13. Indicative funding of $20 million is signaled in the 2015-2025 Long-term Plan to deliver greenways projects. The funding is provided through development contributions and must be allocated to growth-related greenways projects. The funding is not available for local board discretionary projects. There is no action available to the board to use the available budget, however a Lake Pupuke walkway has been identified as a candidate project to receive funding from this budget. Further detail was unavailable at the time of writing.

Transport

Public Transport network review for the North Shore

14. At the May meeting, the board resolved to delegate to the Chairperson, the Transport portfolio holder and associate Transport portfolio holder responsibility to prepare a submission on behalf of the board to the Northern Public Transport Network Review. The submission was lodged with Auckland Transport prior to the closing date of 13 July and is included as Attachment A for ratification.

Napier Road/Harley Avenue/Eldon Street traffic management trials

15. Auckland Transport has finished its traffic management trials in an attempt to find a solution to rat-running through these residential streets to the intersection of Eldon Street and Esmonde Road. A public information evening was held on Monday 29 June to inform residents of the outcome of the trials and to encourage a discussion about possible solutions.

16. There is no clear solution to the problems faced by the residents of these streets, but it was agreed that Auckland Transport would investigate implementing heavy vehicle bans for Napier Avenue and Harley Road, and would also investigate the feasibility of installing “splitter islands” at the intersections of Harley Road and Napier Avenue with Lake Road. The outcomes of those investigations will be advised back to the board Transport Portfolio Holder and Associate Transport Portfolio Holder once the work is complete.

Community Development and Community Facilities

Civic Event Funding for Devonport Wharf Opening Ceremony

17. An opening ceremony for the new Devonport Wharf will take place on Friday 24 July, followed by a Family Fun Day on Sunday 26 July. A dawn blessing is scheduled for Wednesday 22 July. The board have been asked to contribute to the costs of the Dawn Blessing and Family Fun Day. The suggested board contribution is $4,150 broken down to:

· Dawn Blessing (5:30am Wed 22 July):

- catering $1,000 for approx. 60 people

- Kaumatua $200.

· Family Fun Day (Sunday)

- catering, hot chocolate, cupcakes, lolly bags, pumpkin soup and bread rolls $1,800

- bouncy castle $350

- event helpers $400

- Takapuna Grammar Jazz Band $400.

18. City Transformation will be paying the rest of the costs for the Friday night event and the balance of the Family Fun day. The board has $19,000 in their Civic Events budget for the 2015/16 financial year.

Strategic planning and finance

Adoption of the Long-term Plan (LTP) 2015-2025

19. Council’s Long-term Plan (LTP) for the next ten years was adopted at a meeting of the Governing Body on 25 June. This decision will mean an increase in rates of 4.2 per cent for the average residential rate payer, as well as a transport levy of $113.86 for all residential rate payers. The actual change in rates per rateable property was not available at the time of writing, so the impact of the decision on Devonport-Takapuna Local Board rate payers is uncertain.

20. The board should bear in mind that the rates increase for each property depends on the change in the capital value (CV) for the property between 2011 and 2014, where the average rate increase of 4.2 per cent applies to a property that has had the regional average CV increase of 34 per cent between 2011 and 2014. Properties that have a higher percentage increase will face more than 4.2 per cent increase in their rates, whereas properties that have a lower than average CV increase will benefit from a rate increase of less than 4.2 per cent.

Environment

Hibiscus Coast Consolidated Receiving Environment – priorities for stormwater management

21. On 23 June, Stormwater staff held a workshop for council staff to discuss a draft stakeholder consultation document that will assist the Stormwater team to prioritise its forward work programme for the catchments known as the Hibiscus Coast Receiving Environment. For the Devonport-Takapuna Local Board area, the catchment area includes the east coast beaches from North Head to Kennedy Park, as well as the Wairau Creek catchment.

22. Devonport-Takapuna Local Board’s previous feedback for the Waitemata Receiving Environment is included as Attachment B for information. It may be that no update on this feedback is required for the Hibiscus Coast Receiving Environment, however it is recommended that the board does take the opportunity to consider its earlier feedback and reflect on recent stormwater infrastructure an catchment issues, including those at Takapuna Beach and Wairau Creek, as well as the current work programme for flood protection in the Wairau Creek catchment before considering whether to provide further feedback.

23. Staff plan to hold workshops for the affected local boards, but at the time of writing the dates of those workshops had not been set.

Bylaws and Regulatory

Polluted stormwater outflows on Takapuna Beach

24. A CCTV examination of the stormwater network in the Takapuna Beach surrounds is underway. The results of that examination will be reported to the board at a briefing on Tuesday 25 August. At that briefing the board will also have the opportunity to discuss options to improve stormwater outflows on to Takapuna Beach.

Dog Access Review

25. The Dog Access Review consultation period closes on 17 July 2015. Hearings for submissions are scheduled for 19 and 20 August 2015, with final deliberations on either 27 August or 3 September 2015 (depending on need). The board hearings panel has delegated authority on decision-making for the Dog Access Review, so this decision does not need a board resolution post final deliberations.

26. The new Dog Access rules will be in place by November 2015.

Alcohol Bylaw Review

27. The Alcohol Bylaw Review consultation period closes on 17 July 2015. Hearings for submissions are scheduled for 1 and 8 September, with final deliberations on 11 September. The board hearings panel does not have delegated authority for the Alcohol Bylaw Review, so the final deliberation will need a board resolution at the September business meeting.

28. The new Alcohol Bylaws will be in place by 31 October 2015.

Governance

Provision of letters signed by the Local Board Chairperson since 2010

29. At its last meeting, the board asked to receive all letters written by the Chairperson on behalf of the board since November 2010. There are 136 letters totalling 199 pages.

30. The letters have been placed on the M drive for perusal by the members at their leisure.

Local Board Plan Outcomes Progress

31. The Devonport-Takapuna Local Board Plan 2014 (‘the Plan’) was adopted by the board last October. The Plan describes the board’s vision for the area and its intentions for the next three years. As such the board should review progress made against its stated outcome areas. Attachment C provides the status of each of the identified initiatives for each outcome area.

32. In summary, progress has been made against each of the outcome areas since the Local Board Plan was adopted. For each of the outcome areas, progress has been made that demonstrates the board’s commitment to the vision it has set for the Devonport-Takapuna Local Board area. For instance:

a. In “ensuring that our heritage and environment is cherished and looked after”, the board has committed local development initiative funding to prevent the use of chemical edging in local parks, has restored the Fort Takapuna barracks and completed a centre plan for Milford.

b. In providing “open space that allows us to live”, the board has completed a number of playing field projects and the contract to build the Wairau Creek bridge is now let.

c. In providing for “active connected and supported neighbourhoods”, the board has adopted the budgets expected for the Arts and Culture groups and is supporting the Sunnynook Community Association with funding to prepare a vision for Sunnynook Town Centre.

d. In providing “facilities that enable community well-being”, the board has purchased outdoor fitness equipment for Sunnynook Park.

e. In providing “increased opportunities for local new business development and economic growth”, the board completed the refurbishment of Devonport Wharf along with the Marine Square upgrade, and is close to rolling out its Economic Development Action Plan.

f. In its progress towards “easy, safe and reliable journeys that reduce congestion”, the board has implemented its Greenways Network Plan, and has prepared its submission to the Auckland Transport New Network public transport review for the North Shore.

Consideration

Local Board views and implications

33. Local board views are sought via this report.

Māori impact statement

34. There are no specific impacts on Māori arising from this report. However, the Devonport-Takapuna Local Board Plan does include an initiative to recognise all sites of cultural and historic importance to Māori in the local board area. While some of these sites are known, much is still outstanding, and there has been no specific dialogue with Iwi representatives as yet to work in partnership towards the goal described.

Implementation

35. There are no implementation issues identified in this report.

Attachments

No.	Title	Page
a View	Feedback to the Northern Public Transport Network Review for the North Shore (Under Separate Cover)
b View	Devonport-Takapuna Local Board general feedback (Under Separate Cover)
c View	Devonport-Takapuna Local Board initiatives status (Under Separate Cover)

Signatories

Authors

Chris Dee - Senior Local Board Advisor

Haley Scovell - Local board Advisor

Authorisers

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

21 July 2015

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

File No.: CP2015/13681

Purpose

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

Executive summary

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

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the applications from:

i) 44A Clifton Road, Hauraki Corner

ii) 6 Second Avenue, Stanley Point

iii) 2/21 Craig Road, Milford

iv) 1/30 Beach Road, Castor Bay

v) 56 Shakespeare Road, Milford

b) grant the 44A Clifton Road, Hauraki Corner application with the condition that the combination keypad is kept in good working order; the spa is fitted with a lockable cover in good condition and is granted to the current owner.

c) grant the 6 Second Avenue, Stanley Point application with the condition that clauses a-k of NZS 8500-2006 are met at all times, that the spa pool remain in the same location as on the day of inspection, and is granted to the current owner.

d) grant the 2/21 Craig Road, Milford application with the condition that the gate, buzzer and combination keypad are kept in good working order at all times; and the exemption is granted to the current owner.

e) grant the 1/30 Beach Road, Castor Bay application with the condition that; clause (a –k) is met at all times; the spa remain in this location; and it is granted to the current owner.

f) decline the 56 Shakespeare Road, Milford application as we believe this pool area does not fit the definition of ‘immediate pool area’.

Comments

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

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

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

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

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

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

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

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

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

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

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

Consideration

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

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

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

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

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

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

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

Local board views and implications

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

Maori impact statement

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

General

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

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

Implementation

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

Attachments

No.	Title	Page
a View	44A Clifton Road, Hauraki Corner (Under Separate Cover) - Confidential
b View	6 Second Avenue, Stanley Point (Under Separate Cover) - Confidential
c View	2/21 Craig Road, Milford (Under Separate Cover) - Confidential
d View	1/30 Beach Road, Castor Bay (Under Separate Cover) - Confidential
e View	56 Shakespeare Road, Milford (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Barry Smedts - Manager Compliance

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

21 July 2015

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

That the Devonport-Takapuna Local Board:

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

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

20 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 44A Clifton Road, Hauraki Corner

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 and information pertaining to the access to properties..

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.

20 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment b - 6 Second Avenue, Stanley Point

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.

20 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment c - 2/21 Craig Road, Milford

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 and information pertaining to access to properties. .

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.

20 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment d - 1/30 Beach Road, Castor Bay

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

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

In particular, the report contains the applicants details..

s48(1)(a)

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

20 Swimming Pool Fencing Exemption – Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment e - 56 Shakespeare Road, Milford

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 and information pertaining to access to properties..

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.

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

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