Agenda of Governing Body - 27 August 2015

I hereby give notice that an ordinary meeting of the Governing Body will be held on:

Date:

Time:

Meeting Room:

Venue:

Thursday, 27 August 2015

9.30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

Governing Body

OPEN AGENDA

MEMBERSHIP

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

(Quorum 11 members)

Crispian Franklin

Democracy Advisor

21 August 2015

Contact Telephone: (09) 890 8114

Email: elaine.stephenson@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

TERMS OF REFERENCE

Those powers which cannot legally be delegated:

(a) the power to make a rate; or

(b) the power to make a bylaw; or

(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term council community plan; or

(d) the power to adopt a long term plan, annual plan, or annual report; or

(e) the power to appoint a Chief Executive; or

(f) the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long term plan or developed for the purpose of the local governance statement; or

(g) the power to adopt a remuneration and employment policy.

Additional responsibilities retained by the Governing Body:

(a) Approval of a draft long term plan or draft annual plan prior to community consultation

(b) Approval of a draft bylaw prior to community consultation

(c) Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(d) Adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(e) Relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees.

(f) Approval of the Unitary Plan

(g) Overview of the implementation of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.

Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Other staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Council Controlled Organisations

· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

1 Affirmation

His Worship the Mayor will read the affirmation.

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 Governing Body:

a) confirm the ordinary minutes of its meeting, held on Thursday, 30 July 2015, including the confidential section, as a true and correct record.

5 Acknowledgements and Achievements

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

6 Petitions

6.1 Save Our Unique Landscapes - petition relating to Cr Casey's Notice of Revocation

Purpose

1. To present a petition to the Governing Body.

Executive Summary

2. Ilmars Gravis, representing Save Our Unique Landscapes (SOUL) will present a petition to the Governing Body, relating to the Notice of Revocation submitted by Cr Cathy Casey:

(i) That the Governing Body of Auckland Council revoke part of Resolution number GB/2014/43 of 1 May 2014 in relation to a Tranche 3 Special Housing Area at Oruarangi Road, Mangere:

"In accordance with sections 77, 78 and 79 of the Local Government Act 2002

and pursuant to section 17 of the Housing Accords and Special Housing Areas

Act 2013, recommend to the Minister of Housing that the areas identified below

and shown in Attachments A and B of the report, be established as Special

housing Areas: Oruarangi Road 2, Mangere."

(ii) That the Minister be advised that the Governing Body has revoked the Special Housing Area recommendation.

Recommendation/s

That the Governing Body:

a) receive the petition from Save Our Unique Landscapes.

7 Public Input

Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Democracy Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

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

8 Local Board Input

Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

9 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.”

10 Notices of Motion

10.1 Notice of Revocation - Cr Cathy Casey

In accordance with Standing Order 1.9.1, the following Notice of Revocation has been received and signed by the following councillors for inclusion on the agenda for the Governing Body meeting being held on Thursday, 27 August 2015:

· Cr Cathy Casey

· Cr Mike Lee

· Cr Wayne Walker

· Cr John Watson

· Cr Alf Filipaina

· Cr Arthur Anae

· Cr Ross Clow

Recommendation/s

That the Governing Body:

a) agree pursuant to Standing Order 1.9.1, to revoke part of Resolution number GB/2014/43 of 1 May 2014 in relation to a Tranche 3 Special Housing Area at Orurangi Road, Mangere:

‘In accordance with sections 77, 78 and 79 of the Local Government Act 2002 and pursuant to section 17 of the Housing Accords and Special Housing Areas Act 2013, recommend to the Minister of Housing that the areas identified below and shown in Attachments A and B of the report, be established as Special Housing Areas: Oruarangi Road 2, Mangere.’

b) agree that the Minister of Housing be advised that the Governing Body has revoked this Special Housing Area recommendation.

Attachments

a Signed Notice of Motion and Background Information........................... 4

Governing Body

27 August 2015

Development Auckland - confirmation of prior approvals

File No.: CP2015/16695

Purpose

1. To confirm that all delegations, authorisations, and approvals previously given to Auckland Council Property Limited (ACPL) and Auckland Waterfront Development Agency Limited (Waterfront Auckland) apply to Development Auckland Limited (Development Auckland).

Executive Summary

2. Development Auckland will be established by a ‘short-form’ amalgamation under the Companies Act 1993.

3. Under this amalgamation and as a matter of company law, all property, rights, powers, privileges, liabilities and obligations of ACPL will succeed to Waterfront Auckland. Waterfront Auckland will be renamed Development Auckland and will continue to have all the property, rights, powers, privileges, liabilities and obligations of Waterfront Auckland.

4. This report recommends that the Governing Body confirms that all delegations, authorisations and approvals previously given by council to ACPL and Waterfront Auckland apply to Development Auckland. These previous delegations, approvals and so on relate to matters such as the acquisition and disposal of particular assets, the use of the Strategic Development Fund and other ongoing projects. The resolution is recommended so that Development Auckland can give effect to these prior approvals and continue with agreed projects.

5. No new property, rights, powers, privileges, liabilities and obligations are being created by approving the resolutions in this report.

6. This resolution is needed before 1 September 2015 in order to achieve the smooth transition of the activities of both entities.

Recommendation/s

That the Governing Body:

a) notes that effective from 1 September 2015, Development Auckland will be formed by the amalgamation of ACPL and Waterfront Auckland. Under the amalgamation ACPL is merged into Waterfront Auckland which is the surviving company.

b) notes that upon amalgamation Waterfront Auckland will be renamed Development Auckland Limited and a new constitution will become effective.

c) notes that by operation of law, Development Auckland will automatically have all the property, rights, powers, privileges, liabilities and obligations of ACPL and Waterfront Auckland including the rights and property vested in ACPL and Waterfront Auckland by the Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010 as they apply to those entities immediately before amalgamation.

d) confirms that all prior resolutions, delegations, approvals, agreements, authorisations and requests by the Governing Body or any of its committees relating to ACPL or Waterfront Auckland apply to Development Auckland as if the references in those resolutions, delegations, approvals, agreements, authorisations or requests are to Development Auckland; including but not limited to:

i) prior approvals given by the Finance and Performance Committee or the Regional Strategy and Policy Committee to ACPL to acquire or dispose of land or property;

ii) agreements and delegations by the Finance and Performance Committee to the ACPL Board on 19 June 2014 concerning the Strategic Development Fund; and

iii) prior resolutions, approvals, agreements, authorisations and requests made by the Auckland Development Committee concerning ACPL.

Comments

7. On 8 May 2015, as part of the Long-term Plan process, council determined to merge ACPL and Waterfront Auckland to establish Development Auckland. Staff determined that the most cost effective way to achieve this was via a ‘short-form’ amalgamation under the Companies Act 1993.

8. Under this amalgamation and as a matter of company law, all property, rights, powers, privileges, liabilities and obligations of ACPL will succeed to Waterfront Auckland. Waterfront Auckland will be renamed Development Auckland and will continue to have all the property, rights, powers, privileges, liabilities and obligations of Waterfront Auckland.

9. This report recommends that the Governing Body confirms that all delegations, authorisations and approvals previously given by council to ACPL and Waterfront Auckland apply to Development Auckland. These previous delegations, approvals etc relate to matters such as the acquisition and disposal of particular assets, the use of the Strategic Development Fund and other ongoing projects. The resolution is recommended so that Development Auckland can give effect to these prior approvals and continue with agreed projects.

10. No new property, rights, powers, privileges, liabilities and obligations are being created by approving the resolutions in this report.

11. This is the final report for the establishment of Development Auckland. Further reports in the near future relate to the location/s where Development Auckland will be working and will be taken to the Auckland Development Committee. Quarterly reporting against the Statement of Intent will be taken to the CCO Governance and Monitoring Committee.

Consideration

Local Board views and implications

12. The work of Development Auckland is of interest to local boards. However the views and preferences of local boards have not been sought in the development of this report.

Māori impact statement

13. The work of Development Auckland is of interest to Māori. The matters contained in this report have no impacts on Māori which are different from the general public of Auckland.

Implementation

14. This resolution is needed before 1 September 2015 in order to achieve the smooth transition of the activities of both entities.

15. The recommendations do not trigger any requirement for consultation or council’s significance policy.

Attachments

There are no attachments for this report.

Signatories

Authors

Rose Leonard - Principal Advisor

Authorisers

John Bishop - Treasurer and Manager CCO Governance & External Partnerships

Sue Tindal - Chief Financial Officer

Stephen Town - Chief Executive

Governing Body

27 August 2015

Referendum on alternative transport funding working party - report back

File No.: CP2015/14817

Purpose

1. To receive the report of the political working party established to investigate the possibility of a referendum held in conjunction with the 2016 elections, on alternative transport funding.

Executive Summary

2. On 25 June 2015, the governing body appointed Councillors Wood (chair), Casey, Darby, Krum and W.Walker to a political working party to consider the possibility of holding a referendum relating to alternative transport funding [GB/2015/66 refers].

3. During discussion on this matter at the governing body meeting, the following issues were identified as important for the working party to consider:

· Timing, particularly in relation to council’s ongoing collaboration with the government on transport issues

· Costs, including those in relation to an information campaign to ensure potential referendum voters are well informed

· The importance of holding a proper information campaign about the issues related to the referendum question

· The information that would be sought from potential referendum voters to inform decision-making, in the context of the recent Colmar Brunton transport survey and council’s consultation on this issue through the Long term Plan 2015-2025 (LTP).

4. The working party met on 23 July 2015 and considered: the above issues; information on the legal requirements relating to referendums; and the option of holding a referendum held in conjunction with the 2016 triennial elections.

5. Total estimated costs for a holding a comprehensive information campaign related to the referendum question, and a referendum concurrent with the election, are estimated as $992,570. With an estimated 1,050,000 electors, this amounts to $0.95 per elector.

6. The Council and Government have agreed to establish the Auckland Transport Alignment Project (ATAP). The purpose of the project is to improve alignment between the parties over the way Auckland’s transport system should develop, including testing whether better returns from transport investment can be achieved.

7. The outcome of the ATAP will provide important information to help inform the wording of any referendum question to ensure the information sought through the referendum is provided. However the referendum question would need to be notified on 13 July 2016 along with public notice of the elections and the ATAP report will not be finalised in time.

8. After considering all the above issues, the working party has concluded that holding a referendum with the 2016 local government elections is not suitable. The working party requests further advice on options for public engagement which may include a referendum on alternative transport funding once ATAP has been completed.

Recommendation/s

That the Governing Body:

a) does not hold a referendum on alternative transport funding in conjunction with the 2016 triennial elections

b) requests further advice on options for public engagement on alternative transport funding, which may include a referendum, once the Auckland Transport Alignment Project has been completed.

Comments

Background

Auckland Transport Alignment Project

9. Council’s draft Long Term Plan 2015-2025 outlined two future transport networks for Auckland – the Basic Transport Network (BTN) and the Auckland Plan Transport Network (APTN). The APTN required approximately $300 million more funding per annum than the BTN. Consultation on the draft Long-term Plan 2015-2025 resulted in support for a more comprehensive transport programme than current funding levels can sustain.

10. The Budget Committee, at its May 7 meeting, resolved the following in relation to engaging with the Government on alternative transport funding (BUD/2015/10):

“that the Mayor and Chief Executive engage with the government to enable the implementation of an alternative funding system by 2018/2019 to fund the implementation of the Auckland Plan Transport Network for the Long-term Plan 2018-2028”

11. The Council and Government have agreed to establish the Auckland Transport Alignment Project (ATAP) - a multi-agency project over the next 12 months involving Council, Auckland Transport, Ministry of Transport, New Zealand Transport Agency, Treasury and the State Services Commission.

12. The purpose of the project is to improve alignment between the parties over the way Auckland’s transport system should develop, including testing whether better returns from transport investment can be achieved.

13. The project will be led by the Secretary for Transport and the Chief Executive of Auckland Council. It will assess alternative packages of interventions and recommend to the Parties an aligned strategic approach, including preferred indicative package(s), for the long-term development of Auckland’s land transport system.

14. A report on ATAP is included on the confidential agenda of this meeting.

Referendum Political working party

15. Councillor Wood moved a motion at the governing body meeting on 25 June 2015 proposing that a referendum on motorway tolling be held in conjunction with the 2016 triennial elections. After discussion, the meeting resolved:

That the Governing Body:

a) establish a working party consisting of Crs CM Casey, C Darby, DA Krum, WD Walker and GS Wood to consider the possibility of a referendum relating to alternative transport funding, to report back to the August 2015 Governing Body meeting.

(Resolution number GB/2015/66)

16. The concerns raised during discussion included:

· Timing, particularly in relation to council’s ongoing collaboration with the government on transport issues;

· Costs, including those in relation to an information campaign to ensure potential referendum voters are well informed;

· The importance of holding a proper information campaign about the issues related to the referendum question.

17. The working party met on 23 July 2015 and considered the above issues; information on the legal requirements relating to referendums; and the option of holding a referendum held in conjunction with the 2016 triennial elections

Legal Requirements relating to Referendums

18. If the Council chooses to hold a formal referendum, this is conducted by the Electoral Officer as a poll under the Local Electoral Act 2001 (LEA) and may be held on:

(a) any matter relating to—

(i) the services that are provided or that may be provided by the local authority; or

(ii) any policy or intended policy of the local authority; or

(b) any proposal relating to—

(i) the current or future activities or objectives of the local authority; or

(ii) the current or future well-being of its local government area.

19. All decisions under the Local Electoral Act 2001 must take into account the principles of the Act (LEA s4). Those which have particular meaning for a referendum include:

· the principle that all qualified persons have a reasonable and equal opportunity to cast an informed vote

· the principle of public confidence in, and public understanding of, local electoral processes through—

o the provision of elections that are managed independently from the elected body

o protection of the freedom of choice of voters and the secrecy of the vote

20. A poll is not binding unless the council resolves to make it binding (LEA s9).

21. Council must decide whether a poll will be held over the whole of the region or part of it. For the purposes of this paper, officers have assumed that any poll would be held over all the Auckland Council area.

22. Section 76 of the LEA requires voting documents to be in an approved format - either:

· for / against; or

· selection of one option from a number of options.

23. LEA Regulations (cl 46) allows the Electoral Officer to include neutral information on the matter being polled.

24. Public notice of a poll must state what the council intends to do with the result of the poll (LEA s. 54).

25. Giving effect to the LEA principle (noted above) that all qualified persons must have a reasonable and equal opportunity to cast an informed vote means that any publically funded information campaign must be is neutral and provide sufficient information to enable electors to cast informed votes.

Timing considerations

26. A number of factors need to be considered in relation to timing of any potential referendum. These include:

Auckland Transport Alignment project- timing

27. As noted at paragraph 11, ATAP is underway to improve alignment over the way Auckland’s transport system should develop, including testing whether better returns from transport investment can be achieved. The final ATAP report is due in August 2016.

28. The overall timeframe for Council’s involvement in ATAP is “to enable the implementation of an alternative funding system by 2018/2019 to fund the implementation of the Auckland Plan Transport Network for the Long-term Plan 2018-2028”.

Local Government Elections- timing

29. The relevant dates relating to holding a referendum concurrent with the 2016 local government election are:

Wednesday 13 July 2016

· Public notice of election/ referendum

· Must state the poll proposal

· Must state the council’s intentions in regard to the results of the poll

Friday 16 September 2016

· Voting documents distributed

Saturday 8 October 2016

· Election day

30. It is important that referendum questions are clear; easily understandable and elicit the information sought by the referendum. The final ATAP report, including possible recommendations for further work on funding, will provide important information to help inform the wording of any referendum question to ensure the information sought through the referendum is provided.

31. The referendum question would need to be notified on 13 July 2016, which is prior to the ATAP report being finalised.

Costs

Information costs

32. The governing body noted the importance of holding a proper information campaign about the issues related to the referendum question. Using Council’s recent LTP consultation as a basis, costs of a comprehensive information campaign over three months are estimated at $412,000.

33. This includes:

· inserts in the following newspapers:

o NZ Herald

o Suburban community press

o Independent local press

o University press

o Ethnic media

· Radio advertising, including ethnic radio stations

· Adshel advertising

· Digital media, including social media

· Various in-house costs

Election related costs

34. The main costs of holding a referendum at the same time as the election relate to:

· inclusion of the referendum question on election voting documents

· provision of background information for the referendum question in the voting pack.

35. If there are a large number of candidates at the 2016 triennial elections it is likely to not be possible to place the referendum question on the same voting document, meaning a separate voting document would be required. Estimated costs for this are:

· $100,000 for a larger instruction and candidate information booklet

· $43,575 for separate A4 voting document for the referendum question

· $196,245 for additional postage costs (larger C5 envelope)

· $157,000 additional processing costs related to matching the separate voting document with the other voting documents for the same person.

· $83,750 additional processing costs for the Electoral Officer related to matching the separate document with the voter

· Total $580,570 (excluding GST)

36. With an estimated 1,050,000 electors, this amounts to 55 cents per elector. For comparison, a standalone poll (not conducted in conjunction with the elections) would be $1,155,000 or $1.10 per elector (excluding GST).

Total Costs

37. Total estimated costs for a holding a comprehensive information campaign related to the referendum question, and a referendum concurrent with the election, are estimated as $992,570. With an estimated 1,050,000 electors, this amounts to $0.95 per elector.

Conclusion

38. The working party discussed the above issues and concluded that the timing of the Local Government elections is not suitable for holding a referendum on alternative transport funding. The working party requests further advice on options for public engagement, which may include a referendum, on alternative transport funding once ATAP has been completed.

Consideration

Local Board views and implications

39. This report provides the results of a political working party established by the Governing Body to consider the possibility of holding a referendum relating to alternative transport funding. The working party did not seek the views of local boards on the referendum proposal. The working party has concluded that the timing of the referendum with the 2016 local government elections is not suitable, and is recommending that further advice be provided on options for public engagement once the Alignment Project has been completed.

Māori impact statement

40. This report provides the decision of a political working party established by the Governing Body to consider the possibility of holding a referendum relating to alternative transport funding. This decision does not impact on potential Māori voters any differently from other voters. The working party has concluded that the timing of the referendum with the 2016 local government elections is not suitable, and is recommending that further advice be provided on options for public engagement once the Alignment Project has been completed

Implementation

Attachments

There are no attachments for this report.

Signatories

Authors

Warwick McNaughton - Principal Advisor - Democracy Services

Deborah James - Executive Officer

Authorisers

Marguerite Delbet - Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

Governing Body

27 August 2015

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

That the Governing Body:

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.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C1 Auckland Transport Alignment Project

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