Agenda of Auckland Domain Committee

I hereby give notice that an ordinary meeting of the Auckland Domain Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Wednesday, 10 February 2016

12.00pm

Level 26
135 Albert Street
Auckland

Auckland Domain Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Hon Christine Fletcher, QSO
Deputy Chairperson	Shale Chambers, Chairperson, Waitemata Local Board
Members	Cr Mike Lee
	Cr Calum Penrose
	Vernon Tava, Waitemata Local Board Member
	Rob Thomas, Waitemata Local Board Member
	Glenn Wilcox, IMSB Member
	Karen Wilson, IMSB Member

(Quorum 4 members)

Suad Allie

Democracy Advisor

3 February 2016

Contact Telephone: 021 932 726

Email: suad.allie@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

TERMS OF REFERENCE

AUCKLAND DOMAIN COMMITTEE

Parent Bodies:

Parks, Recreation and Sport Committee (PRSC) and Waitemata Local Board (WLB)

Area of Activity

Decision-making responsibility for parks, recreation and community services and activities in Auckland Domain including those anticipated in the Auckland Domain Act 1987 which are currently exercised by PRSC or the WLB

Powers

All powers of the PRSC and WLB necessary to perform the Committee’s responsibilities including those powers conferred on Council pursuant to the Auckland Domain Act 1987 except:

a. powers that the Governing Body cannot delegate or has retained to itself (section 2)

b. where the Committee’s responsibility is limited to making a recommendation only

c. where a matter is the responsibility of another committee or local board

d. the approval of expenditure that is not contained within approved budgets

e. the approval of expenditure of more than $2 million

f. the approval of final policy

g. deciding significant matters for which there is high public interest and which are controversial

Membership

Chairperson: Appointed from the Parks, Recreation and Sport Committee

Deputy Chairperson: Appointed from the Waitemata Local Board

Members: 2 other members from the Parks, Recreation and Sport Committee 2 other members from the Waitemata Local Board

Ex officio: Mayor

IMSB appointees (s 85 (1)): Two appointees

Quorum: Half or majority

Frequency of meetings: Quarterly or as required but at least annually

Auckland Domain Committee

10 February 2016

ITEM TABLE OF CONTENTS PAGE

1 Apologies 5

2 Declaration of Interest 5

3 Confirmation of Minutes 5

4 Petitions 5

5 Public Input 5

6 Local Board Input 5

7 Extraordinary Business 5

8 Notices of Motion 6

9 Temporary alcohol ban for the Auckland Lantern Festival 7

10 Memorial on the centenary of World War One 15

11 Consideration of Extraordinary Items

PUBLIC EXCLUDED

12 Procedural Motion to Exclude the Public 21

C1 Wintergarden Café - extension of licence term and approval for minor works 21

1 Apologies

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

2 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.

3 Confirmation of Minutes

That the Auckland Domain Committee:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 2 December 2015, including the confidential section, as a true and correct record.

4 Petitions

At the close of the agenda no requests to present petitions had been received.

5 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.

6 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.

7 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.”

8 Notices of Motion

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

Auckland Domain Committee

10 February 2016

Temporary alcohol ban for the Auckland Lantern Festival

File No.: CP2016/00096

Purpose

1. To approve a temporary alcohol ban for the Auckland Lantern Festival being held at the Auckland Domain between 18 and 21 February 2016.

Executive Summary

2. The police have requested that the council make a temporary alcohol ban for the Auckland Lantern Festival to operate from 9am, Thursday 18 February to 9am, Monday 22 February 2016 at the Auckland Domain.

3. Temporary alcohol bans prohibit the consumption or possession of alcohol in specified areas for specified times. The police consider temporary alcohol bans to be a useful tool to reduce alcohol-related harm during large-scale events.

4. The council can make a temporary alcohol ban under the Auckland Council Alcohol Control Bylaw 2014. Decision-making under this bylaw is split between the Regulatory and Bylaws Committee and local boards, depending on the ban area.

5. To put a comprehensive temporary alcohol ban in place at the Auckland Domain, a decision is also required of the Regulatory and Bylaws Committee who have delegated authority over part of the Auckland Domain. Regulatory and Bylaws Committee meets on 9 February 2016.

6. In deciding whether to make a temporary alcohol ban, the council must ensure:

· there is evidence of crime or disorder caused or made worse by the consumption of alcohol in public places and

· the alcohol ban is proportionate and can be justified as a reasonable limitation on people's rights and freedoms.

7. Staff consider that legal requirements are met and that the Auckland Domain Committee can make the temporary alcohol ban by passing a resolution.

Recommendation

That the Auckland Domain Committee:

a) make a temporary alcohol ban in the part of the Auckland Domain for which it has decision-making power (marked with a solid red line in Attachment A), pursuant to the Auckland Council Alcohol Control Bylaw 2014, to operate from 9am Thursday 18 February until 9am Monday 22 February 2016.

Comments

Background

8. The Auckland Lantern Festival will be held at the Auckland Domain between 18 and 21 February 2016. A permanent alcohol ban operates on the Auckland Domain (park, playing fields, car park and roads within the Auckland Domain) from 10pm to 7am during daylight savings and 7pm to 7am outside daylight savings. Previous festivals have been held at Albert Park where there has been an all-hours alcohol ban in place.

9. Where a permanent alcohol ban is not in place, a temporary alcohol ban can be used to prohibit the consumption or possession of alcohol in specified areas for specified times.

10. Alcohol bans are enforced by the New Zealand Police. Under the Local Government (Alcohol Ban Breaches) Regulations 2013, the penalty for breaching an alcohol ban is an infringement fee of $250.

Request for temporary alcohol ban

11. The police have requested a temporary alcohol ban on the whole of the Auckland Domain for the Auckland Lantern Festival. A copy of the police request is contained in Attachment B.

12. The police have requested that the temporary alcohol ban:

· operate from 9am Thursday 18 February 2016 until 9am Monday 22 February 2016

· cover the entire Auckland Domain area.

Making temporary alcohol bans

13. The council can make a temporary alcohol ban under the Auckland Council Alcohol Control Bylaw 2014. Decision-making under this bylaw is split between the Regulatory and Bylaws Committee and local boards, depending on the ban area.

14. The decision-making delegations for making an alcohol ban at the Auckland Domain are as follows:

· the Auckland Domain Committee has the delegated decision-making over the playing field areas and two community recreational leases (Auckland Bowling Club and Parnell Tennis Club). This was delegated to the committee by the Waitematā Local Board (see WTM/2015/9)

· the Regulatory and Bylaws Committee considered making a ban over the remaining area on 9 February 2016.

15. Previously, staff have requested that the Regulatory and Bylaws Committee make an alcohol ban over the whole Auckland Domain. After reviewing the delegations, staff consider this process is more aligned with the governance arrangements for the Domain.

Decision

16. The police and Auckland Tourism, Events and Economic Development have recorded evidence of crime and disorder at previous lantern festival events. Issues have included assault and other aggressive behaviours. The police have used the alcohol ban to successfully reduce harm associated with intoxicated persons, including issuing a number of infringement notices for breach of alcohol ban.

17. Council staff consider the temporary alcohol ban requested to be a reasonable limitation on people's rights and freedoms because of the following factors:

· the area covered by the ban would be clearly defined

· the short duration of the ban

· the improved perceptions of safety that people feel at events in the absence of alcohol.

Risks

18. There would be a greater risk of alcohol-related harm associated with the Auckland Lantern Festival if a temporary alcohol ban was not implemented.

19. In order to meet event timelines, the decision cannot be postponed as the event will occur before the next committee meeting.

Next steps

20. Staff will be reviewing the delegations for the Auckland Domain to investigate whether future decisions can be made by one committee to ensure that requests can be processed in an efficient and timely manner.

Consideration

Local Board views and implications

21. The Waitematā Local Board have previously supported the use of temporary alcohol bans, including the following police requests for temporary alcohol bans:

· AC/DC concert at Western Springs Stadium in December 2015

· fan trail to Eden Park during the Rugby World Cup 2011

· Cricket World Cup 2014

· annual Christmas in the Park event.

Māori impact statement

22. Managing alcohol-related harm associated with events increases health and wellbeing, which is consistent with the outcomes of the Māori Plan for Tāmaki Makaurau. Iwi have been consulted widely on the use of alcohol bans and have previously been.

Implementation

23. Auckland Tourism, Events and Economic Development will be heavily involved in the implementation of the alcohol ban. Its proposed alcohol management strategy for the Auckland Lantern Festival includes:

· standard Auckland Council signage to notify the public of the alcohol control area. This will be in English and Te Reo and will contain the dates and times the temporary alcohol ban will be in force

· involving the police in the event planning and ensuring sufficient police presence to enforce the temporary alcohol ban

· advising the type and conditions for on-site alcohol licences granted for this festival

· asking Auckland Council alcohol licensing inspectors to visit all licensed premises in the temporary alcohol control area prior to the festival

· applying signage to off-licence premises in proximity to the ban area advising of the temporary alcohol ban

· sending a notification letter to all local businesses and residents informing them of the temporary ban area dates and times.

24. Auckland Tourism, Events and Economic Development will meet the costs associated with implementing the temporary alcohol ban, including temporary signage and any other reasonable requirements of the New Zealand Police.

Attachments

No.	Title	Page
a View	Map of the requested alcohol ban area	11
b View	Police request	13

Signatories

Authors

Daniel Pouwels - Principal Policy Analyst

Belinda Hansen - Team Leader Social Policy and Bylaws

Authorisers

Kataraina Maki - GM - Community & Social Policy

Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Auckland Domain Committee

10 February 2016

Memorial on the centenary of World War One

File No.: CP2016/00874

Purpose

1. To update the committee on the progress of this project, outline the processes involved to get to the current point and identify next steps

Executive Summary

2. This report provides some background information to support the Auckland Domain Committee in considering a future recommendation from the WWI Centennial Memorial Working Party regarding a Memorial at Auckland Domain. A recommendation from the WWI Centennial Memorial Working Party will be circulated under separate cover.

Recommendation/s

That the Auckland Domain Committee:

a) receive the report.

Comments

Request for Expression of Interest (REOI) Process

3. A design brief for a WWI Centenary Memorial project was agreed by the World War One Memorial Working Party (Working Party) and endorsed by the World War One Steering Group (Steering Group) on Monday 20 July 2015.

4. The REOI was advertised through Council’s normal procurement channels with the closing date for receipt of submissions set at 9 October 2015. The REOI process was open to anyone.

5. 15 consortia expressed an interest in the project. Consortia were evaluated in relation to three key areas: relevant experience/track record, relevant skills and management skills and resources.

6. Five consortia were shortlisted and invited to proceed to the next phase of the project – Request for Proposal.

Request for Proposal (RFP) Process

7. Following selection, the five consortia were each offered $15,000 to prepare a design proposal and methodology package over a period of six weeks, for submission on the 22December 2015.

8. The consortia were provided the design brief and background information. A briefing was also arranged at the Auckland Museum in response to the need for the consortia to understand the operation of the Museum and the Museum’s future plans.

Public Display Process

9. The five design concepts were presented for public comment from the 8 - 24 January 2016. The designs were on display in the atrium of the Auckland War Memorial Museum and presented online and in the media during that time. Public submissions were invited on the individual proposals to help inform the decision on the successful proposal and to assist with the development of the final design concept. Public submissions could be made in person at the museum, or online.

10. The project and public submission process were widely publicised through various media channels, in line with the project communications plan, endorsed by the Working Party.

The proposals

11. The five proposals are:

· ‘Te Takuahi – The Hearth’

Using a cross-cultural allusion to a concept of ‘Home Fires Burning’ this design creates a starting feature close to Domain Drive. Materials proposed are basalt and other contrasting stones and metals.

· ‘Te Whenua Moteatea – Landscape of Memory’

This concept seeks to reference the familiar image of the marae and its formal approach to remembrance. The concept uses shell and limestone for pathways and markings. LED lighting is proposed to emphasise the start feature and indicate the route up the axis.

· Te Waka Wairua: ‘He toa taumata rau – courage has many resting places’

The design uses a focal and strongly-realised metaphor of a beached waka for the starting feature or place, interpreted in masonry, and referencing the return of spirits and a new beginning. The feature uses a range of stone types relevant to the location, purpose, and the War Memorial Museum.

· ‘Te Korowai – The Cloak’

This concept uses an evocative image of a cloak covering and comforting the site, and giving warmth, care and reassurance to the bereaved land. It begins with an accessible and recessive start feature, an episodic axial ‘processional way’ whose gradient is relieved by stairway sections, with an alternative accessible pathway.

‘On Home Ground’

12. This concept proposes a sequence of symbolic spaces, and structural elements beginning with an off-axis informal and recessed landscape feature that crosses over Domain Drive from the territory below and beyond. The various features and staging points facilitate a processional hikoi route, and related sculptural items.

Next steps

13. At the time of writing the WWI Centenary Memorial Working Party is in the process of carefully considering the evaluation of designs, costings and public feedback in order to put a recommendation to the WWI Commemoration Political Steering Group and the Auckland Domain Committee.

14. A further report will be circulated under separate cover with the recommendation of the WWI Centenary Memorial Working Party.

Māori impact statement

15. Mana whenua have been engaged throughout the development of this project:

16. An initial email seeking interest in the project was sent out to all iwi on 16 July 2015. A copy of the high level design brief was included.

17. The following iwi expressed an interest in the project:

· Ngāti Whātua o Orākei

· Ngāti Maru

· Ngai Tai Ki Tāmaki

· Te Akitai

· Ngaati Te Ata Waiohua

· Ngāti Tamatera confirmed they would be represented by Ngati Maru

· Ngāti Whātua o Kaipara deferred to Ngāti Whātua o Orākei

18. A site meeting to discuss the project was held on 11 August 2015 (and coincided with a site visit to discuss the Auckland Domain Masterplan)

19. A subsequent design hui was held on 27 October 2015, where a number of key design considerations were discussed.

20. This concept uses an image of a cloak covering the site intended to give warmth, care and reassurance to the bereaved land. It begins with an accessible and recessive start feature and a ‘processional way’ whose gradient is relieved by stairway sections, with an alternative accessible pathway

Attachments

There are no attachments for this report.

Signatories

Authors	Mark Miller - Parks Advisor - Waitemata
Authorisers	Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Auckland Domain Committee

10 February 2016

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

That the Auckland Domain Committee:

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 Wintergarden Café - extension of licence term and approval for minor works

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)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information.

In particular, the report contains information on commercial rents.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains information on commercial rents.

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.