Agenda of Waiheke Local Board

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

Date:

Time:

Meeting Room:

Venue:

Thursday, 5 November 2015

5:15pm

Waiheke Local Board Office
10 Belgium Street

Ostend
Waiheke Island

Waiheke Local Board

OPEN AGENDA

MEMBERSHIP

Chairperson	Paul Walden
Deputy Chairperson	Beatle Treadwell
Members	Becs Ballard
	Shirin Brown
	John Meeuwsen

(Quorum 3 members)

Sophie McGhee

Democracy Advisor

29 October 2015

Contact Telephone: (09) 373 6210

Email: Sophie.McGhee@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Waiheke Local Board

05 November 2015

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

9 Public Forum 5

10 Extraordinary Business 5

11 Notices of Motion 6

12 Renewal of Community Lease, Waiheke Musical Museum Charitable Trust, 2 Korora Road, Waiheke Island. 7

13 Renewal of Community Lease. Waiheke Community Cinema, 2 Korora Road, Waiheke. 11

14 Waiheke Local Board Workshop Record of Proceedings 15

15 Chairperson's Report 29

16 Consideration of Extraordinary Items

PUBLIC EXCLUDED

17 Procedural Motion to Exclude the Public 31

C1 Waiheke Local Board Urgent Decision - Judicial Review 31

1 Welcome

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace….good peace.

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 Waiheke Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 22 October 2015 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 Waiheke 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

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

Waiheke Local Board

05 November 2015

Renewal of Community Lease, Waiheke Musical Museum Charitable Trust, 2 Korora Road, Waiheke Island.

File No.: CP2015/18575

Purpose

1. This report seeks the Waiheke Local Board’s approval to grant a renewal of the community lease to the Waiheke Musical Museum Charitable Trust at 2 Korora Road, Oneroa, Waiheke Island.

Executive Summary

2. The Waiheke Musical Museum Charitable Trust, (the museum), has occupied its council owned facility within the Artworks complex on Waiheke since 1999 (Attachment A). The Artworks complex comprises four parcels of land which are held in fee simple by Auckland Council.

3. The museum’s current lease commenced on 1 November 2009, providing two renewal terms of five years each until a final expiry on 31 October 2024. This application is for the first renewal of the lease, commencing 1 November 2014.

4. This report recommends granting the first renewal of the lease to the Waiheke Musical Museum Charitable Trust, in accordance with its current terms and conditions, for a period of five years commencing on 1 November 2014 until expiry on 31 October 2019.

Recommendation/s

That the Waiheke Local Board:

a) The renewal of the community lease to the Waiheke Musical Museum Charitable Trust, at 2 Korora Road, Oneroa, Waiheke, on the following terms and conditions:

i) Term - 5 years commencing on 1 November 2014 to 31 October 2014.

ii) Rent - $500 plus GST per annum.

b) All other terms and conditions in accordance with the current lease agreement.

Comments

5. The Waiheke Musical Museum houses a unique collection of antique, musical instruments in good working order. It is open to the public each afternoon, seven days a week providing opportunities for visitors to participate and enjoy the experience of playing these valuable instruments.

6. The museum also includes a concert venue with seating for up to eighty and it offers a programme of monthly, Sunday concerts, “Live at Five”. The museum also hosts Auckland University Music School students, providing them with valuable performance experience.

7. In 2015 the Museum began a Sunday morning, children’s music school which has a performance scheduled to take place in December this year. The museum is keen to further develop children’s participation in both learning instruments and increasing their appreciation of music and to this end it offers free live shows for students during the school holidays.

8. The Museum markets itself well with an informative website. In addition to the estimated 1430 people who visit the museum each year from schools, groups or as concert goers, the museum also receives up to 3000 walk-in visitors annually. Visitors are not charged an entrance fee but donations are welcomed.

9. Subscribed “Friends” of the museum, who total 87, pay an annual subscription of $30 per person or $50 per couple. The Museum was incorporated under the Charitable Trusts Act on 29 October 1997 and was registered with the Charities Commission on 30 June 2008. The Museum markets itself well with an informative website.

10. Its audited accounts for the years ending 31 March 2014 and 2015 show total income of $28,699 and $30,495 respectively, derived primarily from visitor donations, shows and concert proceeds. After expenses, the Museum had an operating surplus of $11,541 for 2014 and $8,162 for 2015.

Local Board views and implications

11. Along with other leases, the Museum’s lease renewal was discussed at a workshop with the Waiheke Local Board on 31 July 2015. The Local Board indicated a preference for standardized lease rentals as per the current community occupancy guidelines.

12. Should the Local Board resolve to bring the rental from the Museum’s lease in line with the current community occupancy guidelines of $1 per annum, then the Board would need to fund the loss of revenue of $500.00 per annum, (from the effective date to 31 October 2024), from its LDI Budget.

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

Māori impact statement

14. The local board’s continued support of community facilities, with respect to leases, provides benefits to the wider community as a whole, which includes Maori.

Implementation

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

16. Council staff sought input from relevant council departments who provided support and no opposition for the renewal of the lease

Attachments

No.	Title	Page
a View	Attachment A, Artworks Aerial View and Museum Plan	9

Signatories

Authors

Robyn Campbell - Community Lease Advisor

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Judith Webster - Relationship Manager

Waiheke Local Board

05 November 2015

Renewal of Community Lease. Waiheke Community Cinema, 2 Korora Road, Waiheke.

File No.: CP2015/20209

Purpose

1. This report seeks the Waiheke Local Board’s approval to grant a renewal of the community lease to the Waiheke Community Cinema Trust at 2 Korora Road, Oneroa, Waiheke Island.

Executive Summary

2. When Auckland City Council purchased the Artworks complex at 2 Korora Road, Waiheke in 2003, the Waiheke Community Cinema Trust (the Cinema) was operating a Commercial lease with Council at the site it occupies (Attachment A).

3. From 1 July 2009, the Cinema was granted a hybrid community lease for an initial period of 5 years with two further rights of renewal of five years each. This application is for the first renewal of the lease commencing 1 July 1014 to 30 June 2019.

4. This report recommends granting the first renewal of the lease to Waiheke Community Cinema Trust, in accordance with its current terms and conditions, for a period of five years commencing on 1 July 2014 until expiry on 30 June 2019.

Recommendation/s

That the Waiheke Local Board:

a) The renewal of the community lease to the Waiheke Community Cinema Trust, at 2 Korora Road, Oneroa, Waiheke, on the following terms and conditions:

i) Term - 5 years commencing on 1 July 2014 to 30 June 2019.

ii) Rent - $4,300.00 plus GST per annum.

b) All other terms and conditions in accordance with the current lease agreement.

Comments

5. The Waiheke Community Cinema was set up when a private operator on the Island closed his business. The Trust purchased his equipment to enable a cinema to continue and to support film making. It currently operates 363 days a year.

6. The cinema considers it has a vital role to play in the community as it provides residents of all ages with accessible, affordable entertainment without the need for costly travel to Auckland. Additionally the cinema allows local community groups to use the venue for community fundraising.

7. The cinema provides part-time employment and training opportunities for film projectionists. In 2014, the cinema’s film competition included entries from young film makers in the community, including primary school children, who were judged by qualified professionals from the industry. The Cinema also markets itself well with an informative website.

8. In 2013/14 the Cinema undertook successful fundraising within the community for the purchase of new digital equipment. The Cinema sees the success of the fundraising as a vote of confidence from the community which will assist it into the future to continue supporting and training more young film makers.

9. By providing training and artistic opportunities for children and young film makers on Waiheke, the Cinema is demonstrating the benefits this community lease activity brings to the local Island community.

10. The Cinema was incorporated under the Charitable Trusts Act in 2002. Its audited accounts show proper accounting records have been kept. For the year ended 2014 the Cinema recorded $251,310 in total income which provided a net income of $10,604 after expenses.

11. The rental for the cinema was assessed in terms of the legacy Auckland City Council’s lease policy which was in place in 2009 when the lease was granted. The Policy stated that revenue generated by commercial activities above a threshold of $100,000 incurred a 5% rental charge in addition to the fixed rental of $500.00 per annum.

Consideration

Local Board views and implications

12. The Cinema’s lease renewal and hybrid rent was discussed at a workshop with the Waiheke Local Board on 31 July 2015. The Local Board indicated a preference for standardized lease rentals as per the current community occupancy guidelines.

13. Should the Local Board resolve to bring the rental from the Cinema’s lease in line with the current community occupancy guidelines of $1 per annum, then the Board would need to fund the loss of revenue of $4300.00 per annum, (from the effective date to 30 June 2024), from its LDI Budget.

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

Māori impact statement

15. The local board’s continued support of community facilities, with respect to leases, provides benefits to the wider community as a whole, which includes Maori.

Implementation

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

17. Council staff sought input from relevant council departments who provided support and no opposition for the renewal of the lease.

Attachments

No.	Title	Page
a View	Attachement A, Aerial View of Artworks and Plan of Cinema	13

Signatories

Authors

Robyn Campbell - Community Lease Advisor

Authorisers

Graham Bodman - Manager - Community Development, Arts and Culture

Judith Webster - Relationship Manager

Waiheke Local Board

05 November 2015

Waiheke Local Board Workshop Record of Proceedings

File No.: CP2015/22089

Executive Summary

1. Attached are copies of the record of proceedings of the Waiheke Local Board workshops held on 16 September, 18 September, 25 September, 9 October and 14 October 2015.

Recommendations

That the Waiheke Local Board

a) Receives the record of proceedings of the Waiheke Local Board workshops held on 16 September, 18 September, 25 September, 9 October and 14 October 2015.

Attachments

No.	Title	Page
a View	Record of 16 September 2015	17
b View	Record of 18 September 2015	19
c View	Record of 25 September 2015	21
d View	Record of 9 October 2015	25
e View	Record of 14 October 2015	27

Signatories

Authors	Sophie McGhee - Democracy Advisor
Authorisers	Judith Webster - Relationship Manager

Waiheke Local Board

05 November 2015

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

That the Waiheke 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.

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 Waiheke Local Board Urgent Decision - Judicial Review

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)(g) - The withholding of the information is necessary to maintain legal professional privilege.

In particular, discussion on the item will include legally privileged advice..

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.