I hereby give notice that an extraordinary meeting of the Albert-Eden Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Wednesday, 9 December 2015 1.00pm Albert Eden
Local Board Office |
Albert-Eden Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Peter Haynes |
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Deputy Chairperson |
Glenda Fryer |
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Members |
Helga Arlington |
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Lee Corrick |
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Graeme Easte |
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Rachel Langton |
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Margi Watson |
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Tim Woolfield |
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(Quorum 4 members)
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Michael Mendoza Democracy Advisor
4 December 2015
Contact Telephone: (021) 809 149 Email: Michael.Mendoza@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Albert-Eden Local Board 09 December 2015 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Leave of Absence 5
5 Acknowledgements 5
6 Petitions 5
7 Deputations 5
8 Public Forum 5
9 Extraordinary Business 5
10 Notices of Motion 6
11 Annual Plan 2016/2017 – local consultation content 7
12 Albert-Eden Local Board Grants Committee - amendment to delegation 15
13 Performance Report for the Albert-Eden Local Board for the three months ending September 2015 17
14 Review of the Food Safety Bylaw 2013 51
15 Draft Regional Pest Management Plan Review 55
16 Consideration of Extraordinary Items
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 Leave of Absence
At the close of the agenda no requests for leave of absence had been received.
5 Acknowledgements
At the close of the agenda no requests for acknowledgements had been received.
6 Petitions
At the close of the agenda no requests to present petitions had been received.
7 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 Albert-Eden 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.
8 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.
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
At the close of the agenda no requests for notices of motion had been received.
File No.: CP2015/26547
Purpose
1. This report seeks agreement of proposed locally driven initiative priorities for 2016/2017 and adoption of local content for consultation, as part of the Annual Plan 2016/2017.
Executive Summary
2. Legislation governing the annual plan process has changed - there is no longer a requirement to produce a draft Annual Plan. Instead, council must produce a consultation document which includes:
i) proposed significant or material changes (if any) to year two of the Long-term Plan 2015-2025 (LTP); and
ii) content relating to local board agreements.
3. This report seeks agreement of proposed locally driven initiative priorities for 2016/2017 and adoption of local content for consultation.
4. Following this business meeting, the governing body will meet on 17 December to agree consultation topics for the annual plan, and again in early February to agree consultation material, including local content from each local board.
5. Following consultation, a local board agreement with the governing body for 2016/2017 will be developed.
That the Albert-Eden Local Board: a) agrees indicative LDI priorities for 2016/2017 (Attachment A). b) adopts local content for consultation (Attachment B). c) agrees that the Chairperson be delegated the authority to make any final minor changes to local consultation content for the Annual Plan 2016/2017 prior to publication, including online consultation content.
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Comments
6. Legislation governing the annual plan process has changed - there is no longer a requirement to produce a draft Annual Plan. Instead, council must produce a consultation document which includes:
i) proposed significant or material changes (if any) to year two of the Long-term Plan 2015-2025 (LTP); and
ii) content relating to local board agreements.
7. Over the last three months local boards have refined local priorities within funding envelopes outlined in year two of the LTP to prepare for consultation. This included consideration of locally driven initiatives and asset based services work programmes.
8. This report seeks agreement of proposed locally driven initiative priorities for 2016/2017 and adoption of local content for consultation.
9. Following this business meeting, the governing body will meet on 17 December to agree consultation topics for the annual plan, and again in early February to agree consultation material, including local content from each local board.
10. Consultation on the Annual Plan will take place from 15 February to 15 March 2016.
11. Following consultation, a local board agreement with the governing body for 2016/2017 will be developed. The annual plan, including 21 local board agreements, is due for adoption in June 2016.
Consideration
Local Board views and implications
12. Local board feedback on regional matters for consultation was sought in November business meetings.
13. Advocacy discussions between local boards and the Finance & Performance Committee were held in November prior to decisions being made on annual plan consultation topics.
14. The purpose of this report is for local boards to agree local priorities and adopt local content for consultation.
15. Local boards will also have further opportunities to provide information and views as council continues through the annual plan process.
Māori impact statement
16. Many local board decisions are of importance to and impact on Māori. Local board agreements and the annual plan are important tools that enable and can demonstrate council’s responsiveness to Māori. Local board plans, which were developed in 2014 through engagement with the community including Māori, form the basis of local priorities.There is a need to continue to build relationships between local boards and iwi, and where relevant the wider Māori community. Ongoing conversations will assist local boards and Māori to understand each other’s priorities and issues. This in turn can influence and encourage Māori participation in council’s decision-making processes.
Implementation
17. Following consultation, proposed initiatives and budgets will be considered and updated to reflect feedback and new information available, prior to adoption of the final annual plan.
No. |
Title |
Page |
aView |
2016/2017 LDI Priorities |
11 |
bView |
Local consultation content |
13 |
Signatories
Authors |
Kate Marsh, Financial Planning Manager – Local Boards |
Authorisers |
Matthew Walker, GM Financial Strategy and Planning Karen Lyons, Manager Local Board Services Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
09 December 2015 |
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Albert-Eden Local Board Grants Committee - amendment to delegation
File No.: CP2015/26567
Purpose
1. The purpose of this report is to request the Albert-Eden Local Board to amend its delegation to the Albert-Eden Local Board Grants Committee to include decision-making on the new Albert-Eden Accommodation Support Fund.
Executive Summary
2. At its 26 November 2013 business meeting, the Albert-Eden Local Board resolved to establish a grants committee comprising of the whole board to receive and consider applications made to its community and events contestable funds.
That the Albert-Eden Local Board:
a) Establishes an Albert-Eden Local Board Grants Committee of the whole for the 2013-2016 triennium and appoints Member Glenda Fryer as Chair and Member Lee Corrick as Deputy Chair.
b) Delegates to the Albert-Eden Local Board Grants Committee all powers to:
i) Allocate and vary Local discretionary community grants
ii) Allocate and vary Local event contestable fund grants.
3. The local board was a member of the Central Joint Funding Committee (CJFC) from 2010 to 2015. Between June and September, staff engaged with the Albert-Eden, Maungakiekie-Tamaki, Puketapapa and Waitemata local boards to re-establish the committee for the 2015/2016 financial year.
4. At their respective business meetings, the:
· Albert-Eden and Maungakiekie-Tamaki local boards fully endorsed the recommendations
· Waitemata Local Board endorsed the recommendations subject to similar agreement from the Albert-Eden, Maungakiekie-Tamaki and Puketapapa local boards
· Puketapapa Local Board resolved to not participate in the committee, and instead recommended to allocate their multi-board grants budget for a similar purpose (e.g. top-up their local grants programme budget).
5. Since all four local boards did not agree to the proposed approach, the committee was not re-established for the 2015/2016 financial year.
6. At its 2 December 2015 business meeting, the local board resolved to establish an Accommodation support fund specific to the Albert-Eden area.
7. This report recommends that the local board delegate the decision-making responsibility of the Accommodation support fund to the Albert-Eden Local Board Grants Committee.
That the Albert-Eden Local Board: a) receives the Albert-Eden Local Board Grants Committee changes to delegation report. b) agrees that the resolution from the Albert-Eden Local Board meeting held on Tuesday, 26 November 2013 be altered as follows: Resolution number AE/2013/190
b) Delegates to the Albert-Eden Local Board Grants Committee all powers to: i) Allocate and vary local discretionary community grants ii) Allocate and vary local event contestable fund grants iii) Allocate and vary local accommodation support fund grants.
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There are no attachments for this report.
Signatories
Author |
Michael Mendoza - Democracy Advisor |
Authoriser |
Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
Albert-Eden Local Board 09 December 2015 |
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Performance Report for the Albert-Eden Local Board for the three months ending September 2015
File No.: CP2015/22845
Purpose
1. To update the Albert-Eden Local Board members on progress towards their objectives for the year from 1 July 2015 to 30 June 2016 as set out in the Local Board agreement.
Executive Summary
2. A financial performance report is presented to the local boards for the accounting quarters ending September, December, March and June.
3. Auckland Council departments also present quarterly performance reports to the local boards.
4. To improve overall performance reporting the Financial Advisory Services – Local Boards team produces a combined quarterly financial report and department report.
5. The attached report contains the following reports this quarter:
· Local Community Services including Libraries
· Local Environmental Management
· Local Sports Parks and Recreation
· Local Board Financial Performance.
That the Albert-Eden Local Board: a) Receives the Performance Report for the Albert-Eden Local Board for the three months ending September 2015.
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Comments
6. In consultation with local boards this report provides the elected members with an overview of local activities from council departments for discussion.
Consideration
Local Board views and implications
7. The report is presented to the Albert-Eden Local Board members at a workshop prior to the business meeting.
Māori impact statement
8. Maori, as stakeholders in the council, are affected and have an interest in any report of the local board financials. However, this financial performance report does not impact specific outcomes or activities. As such, the content of this report has no particular benefit to, or adverse effect on Maori.
No. |
Title |
Page |
aView |
Performance Report for the Albert-Eden Local Board for the three months ending September 2015 |
19 |
Signatories
Author |
Audrey Gan - Lead Financial Advisor Local Boards |
Authorisers |
Christine Watson - Manager Financial Advisory Services - Local Boards Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
09 December 2015 |
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Review of the Food Safety Bylaw 2013
File No.: CP2015/24752
Purpose
1. To seek the local board’s views regarding proposals to retain the grading provision of the Auckland Council Food Safety Bylaw 2013 and require the display of food safety grade certificates.
Executive Summary
2. From 1 March 2016 the Food Act 2014 (“the Act”) will replace the Food Act 1981 and Food Hygiene Regulations 1974 over a three year transition period. The Act also requires the amendment of existing food safety bylaws to ensure consistency. A formal public consultation process is not required for this bylaw review.
3. Staff analysis has identified that most of the existing Food Safety Bylaw 2013 (“the Bylaw”) provisions can be revoked and will be regulated by the Act and subsequent regulations.
4. National food safety grading will not be implemented through the new Act.
5. Staff propose to retain the grading provision of the Auckland Council Food Safety Bylaw 2013 and require the display of food safety grade certificates. Staff consider that the mandatory display of food safety grade certificates provides an incentive for food operators to proactively improve and maintain the safety of their food and enables customers to make informed choices.
6. A proposed amended bylaw will be presented to the Regulatory and Bylaws Committee in February 2016 followed by the Governing Body for consideration. The views of local boards will be presented in the accompanying report.
That the Albert-Eden Local Board: a) endorse the proposal to retain the grading provision of the Auckland Council Food Safety Bylaw 2013 and require the display of food safety grade certificates. |
Comments
Background
The Food Act 2014
7. The Food Act 2014 (“the Act”) will come into effect on 1 March 2016. It will replace the Food Act 1981 and the Food Hygiene Regulations 1974 over a three year transition period. The Act will introduce significant improvements to the way that food safety is addressed by food businesses across New Zealand.
8. The primary duty of ensuring food safety will be the responsibility of food businesses, including food operators of mobile shops and food stalls at markets. For most businesses, this will involve a new requirement to document their procedures which will be audited by the council.
9. Businesses that prepare food with a high risk to food safety will be required to operate under a Food Control Plan. In most cases, a business subject to a Food Control Plan will be required to register with their local council. This enables councils to manage compliance activities and identify operators’ understanding of food safety.
10. The Act introduces new registration and auditing requirements for food businesses that operate from school tuckshops, childcare centres, work cafeterias and marae.
11. Businesses or charities that sell food for community purposes or to raise funds will be exempt from registration and auditing requirements for up to 20 occasions per year (e.g. sausage sizzles or home baking at school fairs).
Auckland Council Food Safety Bylaw 2013
12. On 23 May 2013, the council’s Governing Body adopted the Auckland Council Food Safety Bylaw 2013 (“the Bylaw”) to replace seven legacy council food safety bylaws (Resolution Number: GB/2013/47).
13. The Bylaw was introduced to minimise potential food safety risks associated with the sale of food. The Bylaw provides the council with powers related to:
· the closure of unhygienic or unsafe food premises
· minimum standards for staff training in basic food hygiene
· grading of food premises
· standards for preparing, handling and labelling food sold to private premises, and
· operating food stalls and mobile food shops.
14. The Bylaw requires each registered food business to display a food safety grade certificate, which the council issues following its inspection of the premises, pursuant to the Food Hygiene Regulations 1974. The certificate shows customers the premises’ food safety level.
Discussion
Impact of the Food Act 2014 on the Food Safety Bylaw 2013
15. The new Act requires the council to amend its Bylaw to ensure consistency with the new regulatory regime for food businesses. In June 2015, the Regulatory and Bylaws Committee directed council staff to undertake a review of the Bylaw (Resolution Number: RBC/2015/19).
16. Staff have now completed this review and recommend that the council revoke most of the Bylaw as the relevant activities will instead be regulated by the Act and subsequent regulations. The exception to this is the food grading system.
17. National food safety grading will not be implemented through the new Act, although there is potential for the development of a national scheme after 2019. Staff recommend retaining the grading provision (with minor amendments) of the Bylaw and require the display of food safety grade certificates.
18. There would be no additional cost to businesses for a food safety grade certificate. The grade assessment would be undertaken at the same time as the audit required by the new Act.
19. The benefits of a food safety grading scheme is that it provides:
· food operators with an incentive to take responsibility for the safety of the food they sell and to proactively improve and maintain the safety of their food
· the public with concise information on a business’ level of food safety so that customers can make informed choices.
Consideration
Local Board views and implications
20. This report seeks the views of local boards on retaining the Food Safety Bylaw 2013 to require the display of a food safety grade certificate for food businesses registered with the council.
21. The views of local boards will be presented to the Regulatory and Bylaws Committee and the Governing Body in February 2016.
22. Local boards were engaged on the consolidation of legacy food safety bylaws in 2011 and feedback received at the time indicated there was general support for the grading of food premises. Some local board members expressed concern about the standards applying to food sold from stalls at markets.
Māori impact statement
23. Engagement with mana whenua and mataa waka is currently underway.
24. Food prepared and served on a marae that is not provided as part of a commercial activity is outside the scope of this bylaw review. In addition, registration and auditing requirements of the new Act do not apply to the preparation and sale of food for the purpose of raising funds up to 20 times a year.
25. Food businesses that operate from marae, for instance catering at events more than 20 times per year, will be subject to registration and auditing requirements under the Act in the same way as other food businesses.
Implementation
26. The Governing Body is responsible for making a decision on the review of the Food Safety Bylaw 2013. A proposed amended bylaw will be presented to the Regulatory and Bylaws Committee in February 2016. It will then be considered by the Governing Body. The views of Local Boards and targeted stakeholders will be presented in the accompanying report.
27. The method for determining the criteria of food safety grades is an operational matter and is outside the scope of this bylaw review.
28. Registration fees for food businesses are also out of scope of this bylaw review. For information purposes, proposed fees under the new Act were presented to the Finance and Performance Committee at their meeting on 19 November 2015. The consultation period on proposed fees will be from 20 November to 21 December 2015. Current registration and inspection fees will continue to apply for existing food businesses until they transition to the new regulatory regime.
There are no attachments for this report.
Signatories
Authors |
Emma Pilkington - Policy Analyst Belinda Hansen - Principal Policy Analyst |
Authorisers |
Kataraina Maki - GM - Community & Social Policy Karen Lyons - Manager Local Board Services |
Albert-Eden Local Board 09 December 2015 |
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Draft Regional Pest Management Plan Review
File No.: CP2015/26536
Purpose
1. The purpose of this report is to:
· inform local boards about the first stage of public consultation on the Regional Pest Management Plan review.
· request local boards to provide any initial feedback on pest management issues in preparation of the draft Regional Pest Management Plan (RPMP).
· note that informal and formal local board engagement will be undertaken in early 2016 to inform the final draft RPMP.
Executive Summary
2. The Auckland Regional Pest Management Plan is undergoing a major review, driven by legislative and operational changes. Council is now inviting public comment on pest management issues in the region, as part one of a two-stage consultation process. Public comments close on 27 November 2015.
3. Pest management is important at a local as well as a regional scale. Local board views have been sought through meetings and a combined local board workshop on 20 April 2015. Following local board and mana whenua engagement, a discussion document and a brief summary brochure have been prepared for the first stage of consultation. These documents are presented for your information, dissemination, and further feedback if desired.
4. Comments from this consultation will inform the proposed Auckland Regional Pest Management Plan which will be developed for the second stage of consultation (formal public submissions and hearings) in 2016. Comments can be made on the topics raised in the document or on any other pest management issue.
That the Albert-Eden Local Board: a) provides any initial feedback on pest management issues impacting their area. b) notes the October 2015 Regional Strategy and Policy Committee report and attachments titled Regional Pest Management Plan Review – approval of discussion document. c) notes that informal and formal local board engagement will be undertaken in early 2016 to inform the final draft Regional Pest Management Plan.
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Comments
5. The Auckland Regional Pest Management Plan is the main statutory document implementing the Biosecurity Act 1993 in the region. It provides a strategic and statutory framework for the effective management of plant and animal pests. Auckland Council is reviewing its plan (which dates from 2007). The purpose of the review is to update the council’s approach to pest management, especially with regard to changes in pest species, distribution, and issues arising from their control; along with community expectations and available resources.
6. It is also necessary to incorporate new provisions which come from the reform of the Biosecurity Act in 2012. Among other changes, the Act now requires councils to be consistent with the National Policy Direction on Pest Management (NPD), which was gazetted on 24 August 2015 and introduces new pest programme categories.
7. A two-stage consultation process is being used for the review. The first stage includes an informal public consultation on pest management issues in the region. The attached discussion document and summary brochure have been prepared for this first stage. Following local board comments and feedback in the early part of 2015 and a combined workshop on 20 April 2015. Feedback from this consultation will help to inform the content of the review and the drafting of a Proposed Regional Pest Management Plan in 2016.
8. The first stage of consultation also includes hui with mana whenua, and meetings with community groups and industry. Materials have been distributed widely via email, social media, and the Auckland Council website. Copies of the discussion document have has also been sent to libraries and service centres as well as Local Board offices.
9. The second stage of consultation will commence once the Regional Strategy and Policy Committee adopts a proposed draft plan. The second stage will comprise a formal submission period followed by hearings.
10. The discussion document and summary brochure were approved by the Regional Strategy and Policy Committee on 8 October for a six week consultation period, ending on 27 November 2015. The discussion document summarises proposed changes and key issues, including:
· Feral goat exclusion zones
· Controlling widespread weeds
· Red-eared slider turtles
· Bangalow palms
· Community pest control
· The Hauraki Gulf
· Marine pests
11. Both documents seek to encourage comments from a broad cross-section of the community and technical detail has been kept to a minimum. Comments can be made on the topics raised in the document or on any other pest management issue.
Consideration
Local Board views and implications
12. To date, local boards have provided input into the discussion document through two briefing sessions in April 2015.
13. This report requests local boards provide initial feedback on pest management issues impacting their area to provide guidance and direction to staff.
14. Local boards will have a further opportunity to inform to the development of the proposed Regional Pest Management Plan informally and formally in the first half of 2016.
Māori impact statement
15. One of the primary purposes of pest management is to manage the effects of pests on the relationship between Māori and their culture, traditions, ancestral lands, waters, sites, wāhi tapu and taonga. Initial consultation with māori has occurred through a series of individual and combined hui. A further combined hui was held on 15 October.
16. Ongoing consultation with iwi authorities and tribal rūnanga will occur throughout the review process.
Implementation
17. The review of the Regional Pest Management Plan (including producing and distributing the discussion document) is funded through existing Biosecurity and Natural Environment Strategy budgets.
18. Any changes to the plan arising from the review are likely to have operational cost implications. These will be considered during the cost-benefit and cost-allocation stages of the review, and in subsequent annual plan and LTP processes.
No. |
Title |
Page |
aView |
Regional Pest Management Plan - Have Your Say material |
59 |
bView |
Regional Strategy and Policy Committee report - Regional Pest Management Plan - Approval of Discussion Document |
67 |
cView |
Regional Pest Management Plan - Discussion Document |
69 |
Signatories
Author |
Helen Sharpe – Biodiversity Specialist |
Authorisers |
Jacques Victor – General Manager, Auckland Strategy and Research John Dragicevich – Manager, Infrastructure and Environmental Services Jim Quinn - Chief of Strategy Dean Kimpton - Chief Operating Officer Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |