Agenda of Devonport-Takapuna Local Board

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

Devonport-Takapuna Local Board

16 February 2016

ITEM TABLE OF CONTENTS PAGE

1 Welcome 7

2 Apologies 7

3 Declaration of Interest 7

4 Confirmation of Minutes 7

5 Leave of Absence 7

6 Acknowledgements 8

6.1 Barry Brickell 8

7 Petitions 8

8 Deputations 8

9 Public Forum 9

10 Extraordinary Business 9

11 Notices of Motion 9

12 Auckland Transport February 2016 Update to the Devonport Takapuna Local Board on Takapuna Grammar School Rowing Club Premises 11

13 Auckland Transport Update February 2016 for the Devonport Takapuna Local Board 25

14 Auckland Transport quarterly update to local boards - 1 October to 31 December 2015 33

15 Quarterly performance report 39

16 Monthly Local Board Services report - December/January 2015-2016 41

17 Proposed change of dates for the Devonport-Takapuna Local Grants Programme 2015/16 53

18 Draft Local Government Election Year Policy for Elected Members 57

19 Better Urban Planning Issues Paper and Resource Legislation Amendment Bill 67

20 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 73

21 Record of Briefing/Community Forum - 2 February 2016 77

22 Governance Forward Work Calendar 79

23 Ward Councillors Update 83

24 Board Members' reports 85

25 Chairperson's reports 87

26 Consideration of Extraordinary Items

PUBLIC EXCLUDED

27 Procedural Motion to Exclude the Public 89

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

a. 57 Beresford Street, Bayswater 89

C1 Special Housing Areas: Tranche 10 89

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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i) A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

ii) A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 15 December 2015, including the confidential section, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

6.1 Barry Brickell

Executive Summary

1. Devonport-Takapuna Local Board acknowledges the passing of the renowned potter, artist, environmentalist and craftsman Barry Brickell whose work features in many public collections, including the Devonport Library.

2. Brickell’s terracotta tiles, ‘The Harbour Ferries’, have charmed visitors to Devonport Library for more than 35 years. The 18 relief tiles were commissioned in 1979 by the Devonport Library Associates.

3. The local board was delighted that Barry could attend and celebrate the opening of the new Devonport Library in February 2015 and see his work carefully re-installed in the foyer fireside area. This series is a special treasure for the community.

4. Barry spent much of his boyhood in Devonport and was intrigued by the to-ing and fro-ing of the ferries on the Waitemata Harbour.

5. Barry’s connection to ‘The Harbour Ferries’ and his childhood home town was extremely strong so he wanted to know exactly what council was planning, every step of the way.

6. Following the opening celebrations, Mr Brickell sent the project team a typewritten letter with his observations on removing the 18 tiles from the old library and installing in their new home. “It must have been a painstaking job cutting out each tile from the concrete surrounds without any damage. I would like to express my gratitude to those who did this demanding work.”

Recommendation/s

That the Devonport-Takapuna Local Board:

a) acknowledges the passing of the renowned potter, artist, environmentalist and craftsman Barry Brickell whose work features in many public collections, including the Devonport Library.

7 Petitions

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

8 Deputations

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Devonport-Takapuna Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

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

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

11 Notices of Motion

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

Devonport-Takapuna Local Board

16 February 2016

Auckland Transport February 2016 Update to the Devonport Takapuna Local Board on Takapuna Grammar School Rowing Club Premises

File No.: CP2016/01360

Purpose

1. This report provides an update to the Devonport-Takapuna Local Board on the discussions between Auckland Transport, Takapuna Grammar School Rowing Club and Panuku Development Auckland regarding the club’s future accommodation.

Executive Summary

2. The proposed ferry facility at Bayswater is currently scheduled for construction in the next 10 years, however Auckland Transport is currently in the process of re-tendering for the ferry service provision contracts.

3. The new ferry service contracts are likely to drive the need to bring forward the Bayswater ferry facility project to 2017/18. Therefore, Auckland Transport (AT), Panuku Development Auckland (Panuku) and Takapuna Grammar School Rowing Club (TGSRC) have been jointly working together to achieve an acceptable outcome for all parties.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve the use of 2 Sir Peter Blake Parade, being Lot 1 DP23387 and a portion of Lot 3 DP50556, as the site to establish a community rowing club facility for Takapuna Grammar School Rowing Club.

b) request Panuku Development Auckland progress a licence to occupy on the property at 2 Sir Peter Blake Parade, Lot 1 DP23387 and an area of Lot 3 DP50556 (to be defined), for the Takapuna Grammar School Rowing Club.

Comments

Update on Premises – Takapuna Grammar School Rowing Club

4. On 15 April 2014 The Devonport Takapuna local Board Resolved (DT/2014/69):

a) recognises that the Takapuna Grammar School Rowing Club’s current blue shed location and/or approximate footprint is their preferred option to accommodate a community rowing facility and that the Devonport-Takapuna Local Board will work with Auckland Transport, Bayswater Marina Ltd, Takapuna Grammar School Rowing Club and other stakeholders to achieve the best possible outcome.

b) requests Auckland Council at the same time consider a community rowing facility which includes the Takapuna Grammar School Rowing Club on the section of land adjacent to 2 Sir Peter Blake Parade, Lot 3 DP 50556.

5. TGSRC occupy premises (the ‘Blue Shed’) at Bayswater that will be required to be demolished once landside works associated with ferry services are developed.

6. The April 2014 report on the TGSRC site investigation at 2 Sir Peter Blake Parade is attached, which gives the background for the site’s suitability as a replacement to the Blue Shed location. (Attachment A)

7. The proposed ferry facility is scheduled for construction in the next 10 years. However, AT is re-tendering for ferry service provision, which is likely to drive a need to bring the project forward to an earlier financial year.

8. AT, Panuku, and TGSRC have met to discuss an arrangement which is mutually satisfactory to all groups involved and have reached an agreement, including a memorandum of understanding, which would assist all parties moving forward.

9. TGSRC have formally proposed an alternate site for a community rowing facility on the north eastern triangle-shaped parcel of land known as 2 Sir Peter Blake Parade (Lot 1 DP23387 and Lot 3 DP50556). The lease TGSRC has for the Blue Shed has expired. To assist the club towards establishing new premises at this location, AT is able to provide a new two year licence to occupy on the current premises (Blue Shed) that will give the club surety and allow them to progress the plans for new premises.

10. A resolution of the board is required In order for the club to progress the building plans for the site at 2 Sir Peter Blake Parade, being the base of the cliff face within Lot 1 DP23387 and a portion of adjoining Auckland Transport land Lot 3 DP50556...

Consideration

Local board views and implications

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

Māori impact statement

12. Any proposed facilities or studies discussed in this report will need various consents and approvals requiring iwi consultation.

General

13. The activities detailed in this report do not trigger the Significance Policy, all programmes and activities are within budget andin line with the Regional Land Transport Plan (RLTP). There are no legal or legislative implications arising from the activities detailed in this report.

Implementation

14. There are no implementation issues.

Attachments

No.	Title	Page
a View	TGSRC site investigation at 2 Sir Peter Blake Parade	13

Signatories

Authors

Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport

Authorisers

Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

Auckland Transport Update February 2016 for the Devonport Takapuna Local Board

File No.: CP2016/01352

Purpose

1. This report provides an update on transport related issues raised by local board members during December 2015 and January 2016. It also includes general information about matters of interest to the local board and the schedule of issues (refer Attachment A).

Executive Summary

2. This report covers matters of interest to the Devonport-Takapuna Local Board relating to Auckland Transport activities or the transport sector and issues raised by members during the month of December 2015 and January 2016.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Auckland Transport February 2016 Issues Update to the Devonport Takapuna Local Board.

Auckland Transport News

Regional Signage Update

3. Installation of pedestrian and road user signage prototypes took place around the Northcote Shopping Centre in January.

4. Feedback from the trials will contribute towards a final signage approach for the region. This is expected to be finalised mid to late 2016.

5. Feedback on the signage trials will be open until April. The public can provide feedback by emailing info@auckandtransport.govt.nz.

Explorer info-hub prototype

Temporary cycle signage

SuperGold services to Waiheke

6. As a result of a competitive tender process, Auckland Transport announced that government funding for the SuperGold card off-peak transport scheme will be made available to two service providers providing free off-peak subsidised travel (from 9am-3pm and after 6:30pm on weekdays, all day weekends and public holidays) to SuperGold card holders on ferry services from downtown Auckland to Matiatia wharf, Waiheke from 1 January 2016.

7. Prior to the tender process, Explore Auckland Harbour Ltd and Fullers Group Ltd provided free travel to SuperGold cardholders from downtown Auckland to Waiheke; however, only one service provider was eligible to claim government funding to carry SuperGold cardholders.

8. A change to the national SuperGold card transport scheme made it possible for both service providers to be eligible to participate in the scheme. Auckland Transport developed and managed a competitive tender process for SuperGold cardholders on the ferry route from downtown Auckland to Waiheke to ensure more than one service provider can provide services and receive SuperGold card funding on this particular route.

9. This result supports the sustainability of the scheme for off-peak travel between downtown Auckland and Matiatia wharf on Waiheke for SuperGold card holders.

Consideration

Local board views and implications

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

Māori impact statement

11. No specific issues with regard to the Maori Impact Statement are triggered by this report.

General

12. The activities detailed in this report do not trigger the Significance Policy, all programmes and activities are within budget/in line with the Auckland Transport’s budget and Regional Land Transport Plan (RLTP) documents, and there are no legal or legislative implications arising from the activities detailed in this report.

Implementation

13. There are no implementation issues.

Attachments

No.	Title	Page
a View	Devonport Takapuna Issues Raised by Board Members during November December 2015 and January 2016	27

Signatories

Authors

Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport

Authorisers

Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

Auckland Transport quarterly update to local boards - 1 October to 31 December 2015

File No.: CP2016/01042

Executive Summary

1. The purpose of this report is to inform local boards about progress on activities undertaken by Auckland Transport (AT) in the three months from 1 October to 31 December 2015, the detail of which is contained within Attachments A to E in this report.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the Auckland Transport quarterly update to local boards.

Significant activities during the period under review

Strategy and Planning

2. Transport for Future Urban Growth (TFUG)

Under the new business case approach AT has got approved funding to develop growth-related Programme Business Cases (PBCs) to identify the transport infrastructure needed within the next 30 years for the growth areas identified in Auckland Council's Future Urban Land Supply Strategy. The areas to be assessed are the Northwest, Southern, Northern and Warkworth areas. A multi-disciplinary and cross organisational team has been developed and is currently working from a co-located space on the four areas. Procurement is well advanced and consultant teams are on board with a number of workshops planned in January and February.

3. Central Access Strategy

A Strategic Case was jointly developed by the investment partners, and approved by NZTA in November 2015, agreeing the problems faced for access to the city centre. A PBC is underway to identify and agree a programme of options to address the problems, with a high level costs and benefits analysis.

Public Transport Development

4. Double Decker Network Mitigation works

Each route is in a different project phase. By June 2018, the following routes are planned to be completed:

· Mt Eden (31 March 2016);

· Northern Express 2 (30 Jun 2016);

· Great North (31 March 2017);

· Manukau (30 June 2017);

· Remuera;

· New North; and

· Onewa.

Botany bus route 500 (from Botany Town Centre to Britomart) has been cleared.

5. Public Transport Safety, Security and Amenity

This involves enhancing station safety, security and amenity. Current projects include completion of Ellerslie Station canopies, upgrade to Morningside Level Crossing and electronic gating at Manurewa Station. Programmed activities in various phases on these projects are:

· Ellerslie canopies will be completed January 2016;

· Morningside Level Crossing Improvement construction work planned for April/May 2016 and interim improvements were completed in November 2015; and

· Manurewa gates in early design stage.

6. City Rail Link

Enabling Works Contract 2, construction of pipe jack (services relocation) commenced (Albert Street) on 21 December 2015. Enabling Works Contract 1, Britomart to Lower Albert Street and Contract 2, Lower Albert Street to Wyndham Street, is to commence in May 2016. Main Works: Construction to start in 2018/19 FY subject to funding agreement with Government.

Public Transport Operations

7. Highlights for the quarter

· SuperGold Travel – a competitive tender process for SuperGold funding exempt ferry services from downtown Auckland to Matiatia Wharf, Waiheke – as per Ministry of Transport directive. The tender process resulted in two operators being eligible for SuperGold reimbursements from 1 January 2016. SuperGold card holders conversion onto HOP cards has commenced, for delivery by 1 July 2016. This will mean seniors will be required to use HOP cards to access free public transport SuperGold travel.

· Integrated Fares – just prior to Christmas, Thales delivered the first release of version 7.0 (customer facing enhancements) for Integrated Fares, ready for AT to commence testing. Some minor changes to zone boundaries were also approved to mitigate some passengers who would have had fare increases under integrated fares. Initial testing of version 7.0 has commenced. Integrated fares implementation is targeted for mid-2016. A late February 2016 annual public transport fares review will be implemented as a stepping stone to integrated fares.

· Ferry Improvements – Waiheke Ferry Services: strong growth has been experienced on the route during the year, reaffirming the route as being the most popular on the Auckland ferry network. A local initiative to display interpretative signage at Matiatia was delivered with the Waiheke Local Board in the last quarter, and way-finding signage was updated and replaced at Matiatia as well. Next quarter will see the installation of a purpose-built customer information/ticket office by Explore. Overall patronage to Waiheke has grown over 10% in the last 12 months with the combination of Fullers and Explore services.

Road Design and Development

8. SMART (Southwest Multi-modal Airport Rapid Transit)

Future proofing of the SMART route on the Kirkbride (trench) intersection is progressing together with the infrastructure works by Highway Network Operations of NZTA. This element of the project is expected to be complete in 2022. AT is working with the East West team to ensure the projects are well aligned at the critical points. The indicative business case is being updated for light rail transit and heavy rail. The cycle strategy for the wider Mangere area is also underway.

9. AMETI – Pakuranga Road Busway

This involves provision of a signalised Panmure roundabout, two-lane busway, walking and cycling facilities, Panmure bridge upgrade and upgrades to existing bridge and local roads towards Pakuranga Town Centre. A completion date is subject to the outcome/approval of a revised delivery strategy by the AT Board by February 2016. The Notice of Requirement lodgement is ready to proceed, with lodgement pending the outcomes of cultural mitigation discussion. The expected lodgement date is mid-February 2016.

10. Tamaki Ngapipi Intersection Safety Improvements

This involves installation of traffic lights at the Tamaki Drive/Ngapipi Road intersection to address safety issues. The design aims to encourage shared use by reducing conflict points and maintaining efficient movement through the intersection. The AT Board has approved the preferred option, that allows five Pohutukawa trees to be retained, and this option will be taken forward to consenting and construction. Detailed design is underway to finalise the proposal for consenting.

Services

11. Community and Road Safety Programme

· Delivered alcohol checkpoints in partnership with NZ Police.

· Delivered child restraint checkpoints and Plunket promotions in partnership with NZ Police.

· Delivered safety messages to motorcycle riders regarding high visibility vests and training in Northcote.

· Delivered a targeted social media campaign for high risk young drivers in Henderson.

· Delivered a ‘Train the Trainer’ course to local community and NZ Police for Learners Licence in Henderson.

· Delivered learner and restricted licencing programmes to high risk young drivers in Mangere.

· Delivered a targeted social media campaign for high risk young drivers in Mangere.

· Supporting ACC and NZTA Young Drivers Signature programme in Mangere.

12. Commute Travel Planning

· Unitec Travel Plan – Unitec won the 'think outside the car award for creative excellence' for its cycling programme including installation of 10 covered, student-designed bike racks.

· Waitemata District Health Board was awarded the carpooling award at the AT Commute awards for its carpooling programme.

13. Travel Demand (2015/16 Year)

Transport Choice campaign – ‘Time to cool your love affair with your car' video campaign was promoted for eight weeks primarily via online media and the AT website. Promoted travel choice and encouraged Public Transport, Walking, Cycling, Carpooling and Flexi-working. Over 625,000 views of the videos are recorded – which is a high rate and demonstrates increased awareness.

Road Corridor Delivery

14. The Assets and Maintenance Group is tasked with the responsibility for a wide range of activities within the road corridor. These include but are not limited to:

· the delivery of roading and streetlight maintenance and renewal programmes;

· managing the access, co-ordination and traffic management impacts of activities taking place within the road corridor;

· promoting design innovation and efficiency around how work is carried out on the network; and

· the development of long term asset management plans and modelling which support the decision making process around the management of Auckland’s roading assets.

15. Road Corridor Delivery

· In the 2015/2016 financial year AT is planning to deliver 37.7 km of pavement rehabilitation, 480.1 km of resurfacing (comprising 88.9 km of hotmix and 391.2 km of chip sealing), 75.7 km of footpath renewals and 82.7 km of kerb and channel replacement.

Table 1: Progress against Asset Renewal Targets

· Pavement rehabilitation projects have been completed on Kohimarama Road, Ranui Station Road, Edmonton Road, Robertson Road, Te Irirangi Drive, Ormiston Road, Whitford Road, Glenbrook Road, Linwood Road, Clyde Road, Lakeside Drive, Maygrove Drive, Brigham Creek Road, Mokoia Road, Kahika Road, Diana Drive, Glenmore Road, South Head Road, Waitoki Road, Mahurangi East Road, Hector Sanderson Road and Blind Bay Road. Further projects are underway on College Road, Hunua Road, Roscommon Road, St George Street, Bairds Road and Cavendish Drive.

· Contracts have been awarded to two suppliers for the provision of LED luminaires for the 2015/16 year. In the 2015/16 year approximately 11,000 of the existing 70W HPS lamps on the network will be replaced with LED luminaires and connected to the new central management system. Initially most will be in the central and north contract areas. The LED retrofit programme is being accelerated with the aim of completing the replacement of all the existing 70W HPS lamps by 1 July 2018 so as to maximise the available subsidy from the NZTA.

16. Road Corridor Access

· Monitoring of Temporary Traffic Management (TTM) at work sites is continuing to ensure compliance with the approved traffic management plans and to identify opportunities for improvement. The average percentage of low risk sites for Quarter 2 is 94% (against the target of 90%).

· With an anticipated dip in numbers for December, the Corridor Access Request (CAR) team continues to process around 1,300 applications per month. These requests are for AT operations (inclusive of City Rail Link) and various utility operators to access and maintain the assets sitting within the road corridor. Access is also sought by private operators and individuals who need to access the road network to undertake activities such as private water connections etc.

17. Strategic Asset Management and Systems

· AT inherited an inventory of 117 permanent traffic counting sites across the Auckland region. These comprise inductive loops installed in the road pavement which detect passing vehicles through electro-magnetic induction. The loops provide details of traffic flows by vehicle category. In addition, AT can deploy pneumatic tubes installed across traffic lanes to undertake ad-hoc traffic counts. These are used where there are no permanent loops installed.

· The information generated by the loops provides an ongoing record of traffic growth across Auckland, which is used to inform infrastructure design as well as providing current and trend information for the Auckland traffic and growth models managed by the Auckland Joint Modelling Applications Centre. The output from these models has been used in the development of the Integrated Transport Programme, defining AT’s road hierarchy for One Network Road Classification, and will be used for the Auckland Transport Alignment Project (ATAP).

· During the period October to December inclusive, a total of 493 traffic counts were undertaken using a mixture or permanent sites and pneumatic tubes. Additionally, 57 additional counts were undertaken over the Christmas holiday period to identify recreational traffic flows which may be significant at certain locations. Sixteen of these were on Waiheke and four on Great Barrier Island.

Attachments

No.	Title	Page
a	Schedule of activities undertaken for the quarter ending 31 December (Under Separate Cover)
b	Travelwise Schools activities broken down by local board (Under Separate Cover)
c	Traffic Control Committee decisions broken down by local board (Under Separate Cover)
d	Local Board Advocacy Report (Under Separate Cover)
e	Local Board Transport Capital Fund Report (Under Separate Cover)

Signatories

Authors

Various Auckland Transport authors

Authorisers

Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

Monthly Local Board Services report - December/January 2015-2016

File No.: CP2016/00520

Purpose

1. The purpose of this report is to keep track of progress against the outcomes identified in the Devonport-Takapuna Local Board Plan, and to provide members with an overview of recent local board activity.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the report.

b) approve expenditure of $25,000 from its discretionary capital fund and $5,000 from the board’s Parks Sports and Recreation Locally Driven Initiatives fund to be spent on playground improvements at Seine Reserve.

c) approve expenditure of $2,800 from the boards Parks Sport and Recreation Locally Driven Initiatives fund to prepare a plan that will enable car parking at the Auburn Street Reserve car park to be enforced.

d) approve expenditure of $8,700 from the board’s Parks Sport and Recreation Locally Driven Initiatives fund to be spent on the concept design of a new car park adjacent to the existing car park at Barry’s Point Reserve.

e) authorise the repurposing of the initial $100,000 Capex spend and project definition from the Sunnynook Community Centre’s main hall floor replacement towards full replacement of the outside deck ($60,000) and internal refurbishment and curtaining at the Kennedy Observation Post ($40,000).

f) bring forward the FY17 refurbishment works to be completed on the Kennedy Observation Post for delivery in FY16.

g) request staff investigate the feasibility of an agreement to lease to The Shore Exhibition Centre Trust for the council premises at 2 The Strand, and report back to the board as soon as possible.

h) request staff, in conjunction with their investigation of the feasibility for an agreement to lease over 2 The Strand, investigate the process and timelines needed to relocate staff currently occupying 2 The Strand, in the event that an agreement to lease for the building is granted to The Shore Exhibition Centre Trust

i) approve the membership of a reference group of stakeholders that will assist the board in its advocacy for the development of greater Takapuna.

Board briefings

2. The following regional and sub-regional briefings with the Devonport-Takapuna Local Board took place in December 2015 and January 2016:

· Empowering Communities - Meeting to co-design the youth voice sector (2 December 2015);

· Local Board Members briefing on Housing Affordability (3 December 2015); and

· WWI preview of concept designs for Domain memorial (8 January 2016).

3. A Devonport-Takapuna Local Board briefing occurred on 2 February 2016, the record of which is attached to a separate report on this agenda.

4. The board briefing on 23 February 2016 is scheduled to cover the following:

· Youth Centre in Takapuna

· Lake Road Corridor

· Update about next Harbour Crossing

· Devonport Recycling Centre Update.

Updates

Parks

Seine Road Playground renewal

5. The Seine Road playground will be renewed in the current financial year. Design is underway, and the local community is involved in the design.

6. Parks and the community have identified a number of additions that would improve the usability of the playground significantly. These additions are outside the scope of the renewal project and would have to be funded by the board. The additions include:

· a shade sail;

· paint and materials for a community painting day;

· a sitting deck for supervisors;

· park signage; and

· planting to tie the playground into the surrounding landscape.

7. Further detail is included in Attachment A.

Auburn Street Reserve car parking

8. The Auburn Street Reserve car park is available for users of Auburn Street Reserve, including The Takapuna Croquet Club, PHAB, the Takapuna Girl Guides group, and the Takapuna Play Centre. The community groups in the reserve have used part of that parking and have managed that use through the display of parking permits issued by the legacy council, and more recently, Auckland Transport.

9. Auckland Transport has no jurisdiction over parking areas situated outside the road reserve, and the Auburn Street Reserve car park is now not monitored by Auckland Transport parking wardens. This now makes the existing parking permits ineffective as a means of arranging priority parking for community group patrons.

10. Auckland Transport requires a formal authority and appropriate signage to be installed before the car parks can be monitored, and prior to that an assessment and car park layout plan is required. The cost of the assessment and plan is $2,800, which would have to be funded from the local board’s LDI budget. The board would also be required to pay for any signage and car park marking once the plan was approved, and will be the subject of a future recommendation to the board, once the costs are known.

11. At the time of writing it was unknown how parking would be controlled for community group patrons, but most likely the maximum parking time allowed will accommodate park user requirements while eliminating long term parkers.

12. Further detail is included in Attachment B.

Barrys Point Reserve car parking

13. Evidence of an intention to develop a car parking area, as foreshadowed by the Barrys Point Reserve development plan, is necessary to enable the Korean Garden Trust to seek funding to build the Korean Garden. In addition, this year’s development of the sand carpet and flood lights for the sports field at Barrys Point Reserve will put pressure on the existing car park. The existing car park is also under pressure from those using it as a de facto park and ride facility for nearby Akoranga bus station.

14. Staff propose preparing a concept plan of a new car park adjacent to the existing Lake House car park. In addition a car park layout plan will be prepared to enable enforcement that will prevent its use as a de facto car park for nearby Akoranga Busway terminal. Once developed, further approval will be required to proceed to detailed design and construction.

15. The concept plan of the new car park will cost $5,800 and the car park layout plan will cost an additional $2,900. Further detail is included in Attachment C.

Community Facilities

Transfer of funding – Sunnynook Community Centre

16. At the 16 June 2015 Devonport-Takapuna Local Board business meeting, the Sunnynook Community Centre was allocated $100,000 to replace the main hall floor. Since then, a report completed by Hampton & Jenson on the condition of the main hall floor in the Sunnynook Community Centre shows that the floor is still in good condition and could remain as is for another 5 years.

17. However, health and safety concerns have since been raised regarding the decking on the outside of the Sunnynook Community Centre. Council Staff, in consultation with the Sunnynook Community Centre Manager, have identified that the replacement of the outside deck is of a higher priority for the Community Centre than the floor replacement in the Tawa Room.

18. By re-allocating the funds granted at the June business meeting, there would be sufficient budget to replace the deck, joists and bearers. An estimate on costs to completely replace the deck, joists and bearers has been received. Including the consultation fees incurred during the main floor investigation report, it is estimated that the new project cost to replace the deck would be $60,000.

19. The balance remaining ($40,000) could be used for internal refurbishment and curtaining at the Kennedy Observation Post. The Sunnynook Community Centre Manager has been consulted and is very keen to see the works at the Observation Post completed before the winter season.

20. It is recommended that the Board authorize repurposing of the budgeted capital spend for the Sunnynook Community Centre to replace the deck rather than the hall floor, with the balance of the money going towards refurbishment works at the Kennedy Park observation post.

Shore Exhibition Centre venue

21. The creation of a centre in Takapuna to exhibit artistic endeavor is a long-anticipated ambition by many in the community. For various reasons, however, the project has failed to be realized, in some part because it relies on 2 The Strand being available as a venue. At the 2 February local board briefing,, The Shore Exhibition Centre Trust tabled a document noting that The Wallace Foundation has committed support for the concept and is willing to provide exhibitions for the venue, including works from the Foundation’s collection, if it is established as an exhibition centre.

22. It also appears that there may be option to transfer the activities currently resident at 2 The Strand to other council-owned sites, thereby releasing the building for its originally intended community purposes. 2 The Strand was originally gifted to the North Shore City Council to be used for community purposes, and the building is currently being used by Auckland Transport as corporate accommodation.

23. While there is still much work required of The Shore Exhibition Centre Trust to address matters of detail to their proposal, occupation of 2 The Strand would assist them to test their proposals and finalize their long-term business case.

24. Staff propose that the board seeks the support of relevant council officers by formally requesting that the staff currently resident at 2 The Strand are relocated elsewhere. Staff further propose that the board requests Auckland Council to investigate, in consultation with The Shore Exhibition Centre Trust, an agreement to lease, and investigate the process and timelines needed to relocate staff currently occupying 2 The Strand, in the event that an agreement to lease for the building is granted to The Shore Exhibition Centre Trust

Governance

Greater Takapuna Reference Group

25. At its December 2015 meeting the board asked for a reference group to be formed to assist the board in its input as council-led plans for the development of greater Takapuna proceed. Ideas for the membership of the reference group were workshopped at the board’s 2 February briefing. The individuals selected by the board have now been approached to ask if they would be prepared to commit to membership of the reference group and the final list is tabled for formal approval.

Ceremony for the five restored tukutuku panels

26. The tukutuku panels were gifted in 1992 by Awataha Marae to commemorate Patuone, a highly ranked northern Ngapuhi chief who was requested by Governor Grey and the Government of the time to live in Devonport to stop the northern tribes from invading Tamaki Makaurau, Auckland. Ngati Paoa, in recognition of this, gave Patuone a wife named Riria. They settled in various parts of the tribal area and became local residents. Patuone and his younger brother Tamati Waka Nene were signatures to the 1835 Declaration of Independence and influenced many Ngapuhi chiefs to sign the Treaty of Waitangi on 6 Feb 1840. The restoration and rehanging of the panels is therefore a significant event providing an important opportunity for the descendants of Patuone, Ngati Paoa, mana whenua, Auckland Council and supporters to acknowledge this occasion.

27. There will be a blessing at the grave site of Patuone in Devonport on Saturday 19 March 2016 commencing at 7.30 am, followed by a ceremony at 1 The Strand Takapuna at 9am where the panels will be re-hung and blessed by the tribes. Both events are expected to be well attended by Ngapuhi and mana whenua representatives and attendance by Devonport -Takapuna Local Board is strongly recommended.

Consideration

Local board views and implications

28. Local board views are sought via this report.

Māori impact statement

29. The appropriate Maori stakeholders have been consulted in the writing of this report.

Implementation

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

Attachments

No.	Title	Page
a View	Seine Reserve playground business case	45
b View	Auburn Street Reserve Parking business case	47
c View	Barrys Point Reserve car parking extension	49

Signatories

Authors

Chris Dee - Senior Local Board Advisor

Haley Scovell - Local board Advisor

Authorisers

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

Proposed change of dates for the Devonport-Takapuna Local Grants Programme 2015/16

File No.: CP2016/00147

Purpose

1. The purpose of this report is to request approval from the Devonport-Takapuna Local Board for the proposed changes to the opening and closing dates for Round One Local Grants in the Devonport-Takapuna Local Board Community Grants Programme 2015/2016.

Executive Summary

2. The Devonport-Takapuna Local Board adopted the Devonport–Takapuna Local Board Community Grants Programme 2015/25016 on 10 May 2015.

3. The current closing date for the Devonport-Takapuna Local Grant Round One is currently 15 May 2016, for a local board decision in June or July 2016 and for grant projects to occur after August 2016.

4. Commercial and Finance staff recommend that the Devonport-Takapuna Local Board change the opening date for Local Grant Round One to 21 March 2016 and the closing date to 29 April 2016, with grant projects to occur after July 2016. This would ensure the meeting of reporting deadlines for the June 2016 local board meeting.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approves the revised opening and closing dates for the Devonport-Takapuna Local Grant Round One to 21 March 2016 opening and 29 April 2016 closing date, with grant projects to occur from July 2016 onwards.

Comments

5. The current Devonport-Takapuna opening date for the Devonport-Takapuna Local Grant is 1 May 2016 and the closing date is 15 May 2016, with decisions to be made at the June or July 2016 meeting, with projects to occur after August 2016.

6. Commercial and Finance staff recommend that the Devonport-Takapuna Local Board change the opening date for Local Grants Round One, to 21 March 2016, closing on 29 April 2016, with grant projects to occur after July 2016. These dates would to ensure the reporting deadlines are met for the June 2016 local board meeting.

7. The proposed dates will allow for decisions on grant applications to be made in the 2015/16 financial year, and allow for applicants to be notified of the outcome of their application in time for the commencement of the 2016/17 financial year.

8. The implementation of the new Community Grants Policy commenced on 1 July 2015. The policy supports each local board to adopt a grants programme for 2015/2016, and the Devonport-Takapuna Local Board adopted its grants programme on 4 May 2015 (see Attachment A).

9. The local board grants programmes sets out:

· local board priorities;

· lower priorities for funding;

· exclusions;

· grant types, the number of grant rounds an when these will open and close; and

· any additional accountability requirements.

Consideration

Local board views and implications

10. The proposed changes to the opening and closing dates for the Devonport-Takapuna Local Grant Round One will ensure grant allocations are made within the 2015/2016 financial year and the new dates will be advertised through council and local board networks.

Māori impact statement

11. The provision of community grants provides opportunities for all Aucklanders to undertake projects, programmes, activities that benefit a wider range of individuals and groups, including Maori.

Implementation

12. Following the decision of the Devonport-Takapuna Local Board making their decision, Commercial and Finance staff will notify community groups and organisations of the change of date and update the Devonport-Takapuna Local Board Grants Programme 2015/2016.

Attachments

No.	Title	Page
a View	Devonport-Takapuna Local Board Grants Programme 2015/2016	55

Signatories

Authors

Kim Hammond - Community Grants Advisor

Authorisers

Marion Davies - Community Grants Operations Manager

Jennifer Rose - Operations Support Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

Draft Local Government Election Year Policy for Elected Members

File No.: CP2015/26815

Purpose

1. To provide comments to the governing body on the draft Local Government Election Year Policy for Elected Members.

Executive Summary

2. This report has attached the draft policy which will be considered by the governing body at its meeting on 25 February 2016, along with comments from local boards.

3. The policy applies during an election year, which is the time that some sitting members may be “wearing two hats”. One role is as an elected member, making the decisions of the Auckland Council. The other role is as a candidate for the next elections. The policy sets out how to distinguish between these two roles. The pre-election period (three months prior to the election) is a particularly sensitive period.

4. The draft policy is based on the policy that was presented to local boards and the governing body in 2013 and reflects guidance provided to public sector entities by the State Services Commission and by the Office of the Auditor General (OAG).

5. It has been reformatted to:

· make it clearer it is principle-based;

· remove some of the policy relating to staff conduct, which will be contained in a separate organisational policy for staff; and

· include a ‘Frequently Asked Questions’ section giving additional guidance to common questions that confront elected members.

6. The body of the report provides comments raised by local boards in 2013 and the responses to them as contained in the report to the governing body.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) provide its comments on the draft “Local Government Election Year Policy for Elected Members”.

Comments

7. Previous comments from local boards that were reported to the governing body in 2013, along with responses, are below.

8. Two local boards queried the requirement that elected member bodies do not criticise decisions of other elected member bodies in council publications and one sought clarification regarding who the arbiter of this is.

· This principle is included on the basis that it is considered inappropriate for different parts of council to be publicly criticising each other’s decisions in council-resourced communications. This principle operates once a decision has been made. Auckland Council’s decision-making process provides several opportunities, prior to a decision being made, for local boards and the governing body to advocate for a particular position. There are no restrictions on elected members’ use of non-council funded news media or publicity, other than the standards of behaviour required by the Code of Conduct.

· The Manager, Communications and Public Affairs, is responsible for ensuring that council-funded publications adhere to council’s policies.

9. One local board expressed a view that the pre-election period was one month too early.

· The pre-election period of three months is defined in the OAG guidelines and applies nationally for all local government elections.

10. One local board requested information on sanctions that will be put in place to ensure elected member candidates adhere to the policies.

· The Election Year Policy now includes a section on breaches of the policy. This is based on a similar section in the Code of Conduct and provides that the chief executive will consider and take appropriate action on a case by case basis in response to complaints about breaches of the policy. This may include involving the electoral officer depending on the nature of the alleged breach.

Consideration

Local board views and implications

11. This report provides an opportunity for the board to record its views on the draft policy.

Māori impact statement

12. The attached policies are for the guidance of all elected members and are of equal relevance to Māori and non-Māori.

Implementation

13. Once adopted, the policies will be forwarded to all elected members.

Attachments

No.	Title	Page
a View	Local Government Election Year Policy for Elected Members	59

Signatories

Authors

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - Manager Democracy Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

Better Urban Planning Issues Paper and Resource Legislation Amendment Bill

File No.: CP2016/00839

Purpose

1. To provide the local board with an opportunity to comment on:

· the Productivity Commission’s inquiry into the system of urban planning in New Zealand as outlined in its ‘Better Urban Planning Issues Paper’, which was released for public comment on 9 December 2015; and

· the Resource Legislation Amendment Bill, which had its first reading on 3 December 2015 and was subsequently referred to central government’s Local Government and Environment Select Committee for consideration.

Executive Summary

2. Council has the opportunity to respond to the Productivity Commission’s (the Commission) enquiry into the system of urban planning in New Zealand, as well as to make a submission on the Resource Legislation Amendment Bill (the Bill) currently under consideration by the Local Government and Environment Select Committee.

3. Although the two pieces of work are discrete and run by different central government agencies, the wider reform of urban planning and resource management provide a common context to these projects. Both work programmes are running on a similar timeframe, therefore Auckland Council has aligned the process to enable responses on both matters, including local board engagement. More detail regarding these programmes is presented in the ‘Comments’ section of this report.

4. The governing body has allocated decision-making responsibility to make submissions to central government on legislation, including official submissions from Auckland Council that incorporates the views of local boards. The Auckland Development Committee (ADC) will be deliberating council’s response to the Issues Paper and its submission, and the Bill at its 10 March 2016 business meeting. As part of that process the ADC will consider local board views to ultimately inform its responses to central government. Local boards are therefore asked to provide formal comment on both topics by 8 March to enable the reporting of local views to ADC at its March meeting.

5. Given the tight timeframes for reply, it is recommended that the local board establish a working party consisting of the Chairperson, the regulatory portfolio lead and the regulatory portfolio associate to develop the board’s position. The board’s feedback will be formally reported to the next available business meeting for retrospective endorsement.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) establish a working party consisting of the Chairperson, the regulatory portfolio lead and the regulatory portfolio associate to formulate the board’s feedback on both the Productivity Commission’s ‘Better Urban Planning Issues Paper’ and the Resource Legislation Amendment Bill, noting that:

i) board feedback must be submitted no later than 8 March 2016;

ii) the Auckland Development Committee will be preparing formal responses on behalf of Auckland Council on both matters at its 10 March 2016 business meeting that will include the views of local boards; and

iii) the board’s final position on both topics will be presented for retrospective endorsement to the next available business meeting.

Comments

Better Urban Planning Issues Paper

6. Central government has asked the Productivity Commission (the Commission) to undertake an inquiry into the system of urban planning in New Zealand. The main purpose of the inquiry is “to review New Zealand’s urban planning system and to identify, from first principles, the most appropriate system for allocating land use through this system to support desirable social, economic, environmental and cultural outcomes.”^{^[1]}

7. The inquiry will look beyond the current resource management and planning system to consider fundamentally different ways of delivering urban planning and development. The scope of the inquiry includes the different types of interventions, the funding arrangements, and the governance frameworks that are currently delivered by:

· the Local Government Act 2002 (LGA2002);

· the Resource Management Act 1991 (RMA1991);

· the Land Transport Management Act 2003 (LTMA2003); and

· elements of the Building Act 2004, the Reserves Act 1977 and the Conservation Act 1987 that relate to land use.

8. Given the ‘blue skies’ nature of the inquiry, it will not critique previous or ongoing reforms to legislation that make up the urban planning system. However, the inquiry will consider lessons that can be drawn from the current planning system and its implementation in urban areas.

9. The Productivity Commission released a discussion document entitled ‘Better Urban Planning Issues Paper’ (included as Attachment A to this report) on 9 December 2015. The Issues Paper is the first phase of the Commission’s enquiry, which will inform a draft report that will be publically released in July 2016 for further public comment before a final report is due to central government on 30 November 2016.

10. The Issues Paper asks specific questions on the principles for urban planning (refer to ‘summary of questions’ appendix to Issues Paper, p.76-80 of Attachment A) as a basis for generating responses. It is recommended, however, that the local board focus predominantly on particular matters of relevance to the board’s governance role and the Auckland context. The board may wish to consider several of the following questions to help formulate its feedback, namely:

· How could a new model best deal with the complex and dynamic nature of urban environments?

· How does the allocation of responsibilities to local government influence land use regulation and urban planning?

· What allocation of responsibilities to different levels of government would support better urban planning?

· What principles around consultation and public participation should the Commission consider in the design of a new urban planning system?

· What should be the appropriate level of consultation in making land use rules or taking planning decisions?

· How should a new model be designed so as to avoid unnecessary administrative, economic and compliance costs?

· Are there any aspects of the existing planning system worth keeping in a new system?

· What information about environmental outcomes and other urban outcomes would a decision-maker need to make good urban planning decisions?

· How could a future planning system be designed to reflect the differing circumstances and needs of New Zealand cities? Are new or different planning and funding tools needed?

11. Council will most likely provide comment on the draft report once it is forthcoming in July, in addition to providing a response to the Issues Paper. Assuming this is the case, local boards will have another opportunity later in the year to provide further input into the inquiry once the draft report is released.

Resource Legislation Amendment Bill

12. The purpose of the Resource Legislation Amendment Bill (the Bill) is to “create a resource management system that achieves the sustainable management of natural and physical resources in an efficient and equitable way.”^{^[2]} The Bill introduces a range of amendments with three main objectives:

· better alignment and integration across the resource management system;

· proportional and adaptable resource management processes; and

· robust and durable resource management decisions.

13. The publically available departmental disclosure statement for the Bill prepared by the Ministry for the Environment is provided as Attachment B to this report. It brings together in one place a range of information to support and enhance Parliamentary and public scrutiny of the Bill itself. In particular, the disclosure statement identifies:

· the general policy intent of the Bill and other background policy material;

· some of the key quality assurance products and processes used to develop and test the content of the Bill; and

· the presence of certain significant powers or features in the Bill that might be of particular Parliamentary or public interest and warrant explanation.

14. The current package of resource management reform proposals is comprised of over 40 individual proposals aimed at delivering substantive, system-wide improvements to the resource management system. The table below highlights several key proposals within the Bill that the local board may wish to consider when formulating its feedback:

Area

Key matters to note within the Bill

National direction

§ Introduces a new regulation-making power in the RMA1991 to permit specified land uses so as to avoid unreasonable restrictions on land

§ Prohibits and removes council planning provisions that supplicate the functions in, or have the effect of overriding, other legislation or impose unnecessary restrictions on land use for residential development

§ Enables the development of a national planning template to improve the consistency of RMA plans and policy statements, reduces complexity and improves the clarity and user-friendliness of plans

§ Amends sections 30 and 31 of RMA1991 to make it a function of regional councils / territorial authorities to ensure sufficient residential and business development to meet long-term demand

§ Removes the explicit function of regional councils / territorial authorities to manage hazardous substances.

Plan making

Plan making (cont.)

§ Proposes changes to enable a more efficient, flexible and proportionate plan change process; introduces two new planning tracks for territorial authorities:

o streamlined process – provides more flexibility in planning processes and times to allow these to be tailored to specific issues and circumstances

o collaborative process – encourages greater front-end public engagement intended to better reflect community values, reduce litigation costs and avoid lengthy delays

§ Proposes a statutory obligation on territorial authorities to invite iwi to form an iwi participation arrangement to establish engagement expectations when consulting during early stages of plan-making process.

Consenting

§ Introduces greater proportionality in the process of obtaining resource consents by introducing a 10 working day time limit for determining simple applications (‘fast track’), and by allowing territorial authorities to treat certain activities as permitted

§ Makes consent processes more simple and efficient by identifying the parties eligible to be notified of different types of applications by refining the notification regime, and through introducing limits to the scope and content of submissions and subsequent appeals

§ Removes RMA1991 provision found in section 11 that requires subdivision to be expressly provided for in plans; make changes that clarifies the scope of conditions that may be placed on resource consents

§ Proposes a regulation-making power that requires consent authorities to fix the fees for processing certain consent applications and hearing, and the remuneration for hearings panels.

15. In addition to the matters outlined above, the Bill proposes changes to Environment Court processes and the requirements the Court can place on consent authorities, improvements to alignment of processes, and suggested amendments to the Public Works Act 1981 intended to make the land acquisition process and compensation fairer and more efficient. Further detail on these matters can be found within the first four pages of Attachment B.

Consideration

Local Board views and implications

16. The governing body has been allocated statutory and decision-making responsibilities under the Local Government (Auckland Council) Act 2009 in relation to the regulatory activities of council. The governing body has also been allocated the non-regulatory responsibility to prepare submissions to central government on legislation, including official submissions of Auckland Council that incorporate local board views. This report provides the local board with an opportunity to provide input into submissions to central government regarding potential changes to regulatory policy.

17. The table below outlines how local board views will be canvassed as part of submission development:

Date	Proposed action / relevant information
Early February 2016	§ Circulation of a written briefing on Resource Legislation Amendment Bill to local board members.
17 February	§ Local board chairpersons invited to Auckland Development Committee (ADC) workshop to discuss both pieces of work: o opportunity for local board chairpersons to provide informal input in to the framing of Auckland Council’s response and submission o written briefing on the Bill and supporting material for workshop on the Issues Paper will be shared in advance.
8 March	§ Deadline for formal feedback from local boards § Feedback received by this date will be reported to ADC when it considers council’s response and submission.
10 March	§ ADC meeting to consider response to Issues Paper and submission on the Bill § All formal local board feedback will be attached to council’s final response and submission.

18. Given the tight timeframes for reply, it is recommended that the board establish a working party consisting of the Chairperson, the regulatory portfolio lead and the regulatory portfolio associate to develop the local board’s position. The board’s feedback will be formally reported to the next available business meeting for retrospective endorsement.

Māori impact statement

19. A key goal behind the introduction of the RMA1991 (‘the Act’) was to provide better recognition and protection of Maori interests. In particular, the Act was intended to:

· identify and protect customary rights;

· take into account the values and interests of Maori, including through reflecting the principles of the Treaty of Waitangi in decisions; and

· provide ways and means for Maori interests to be represented in the development of plans and consent applications.^{^[3]}

20. The Act gives effect to these objectives in a number of ways. Sections 6 and 7 of the Act, which lay out issues of national importance and other factors that people exercising powers must have regard to, include requirements to:

· recognise and provide for the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wahi tapu and other taonga; and

· give particular regard to kaitiakitanga, defined as ‘the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources, and includes the ethic of stewardship’.

21. The recognition of kaitiakitanga is a particular feature of the current system. It recognises that the many different ways in which land is valued by people can include a kinship relationship, which creates obligations for Maori of guardianship or protection of land.

22. Consultation with tangata whenua is mandatory when developing plans and regional policy statements, and the Act sets out the requirements for consulting with iwi authorities. In preparing plans and policy statements, territorial authorities must take into account planning documents recognised by an iwi authority.

23. Problems with the current consultation arrangements – particularly that iwi tend to be inundated with requests for consultation on minor consents, with the issues of real importance to iwi getting lost – are recognised in the proposed amendment to the RMA1991 allowing for iwi participation arrangements:

“The purpose of an iwi participation arrangement is to provide an opportunity for local authorities and iwi authorities to discuss, agree, and record ways in which tangata whenua may, through iwi authorities, participate in the preparation, change, or review of a policy statement or plan in accordance with the processes set out in Schedule 1 of the Act.”^{^[4]}

24. The proposed amendment will require that, when local authorities start the planning process, they sit down with iwi and come to an agreement about the way in which iwi will be able to be included.

Attachments

No.	Title	Page
a	Better Urban Planning Issues Paper (Under Separate Cover)
b	Resource Legislation Amendment Bill (Under Separate Cover)

Signatories

Authors	Sonja Tomovska - Local Board Democracy Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

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

File No.: CP2016/00680

Purpose

1. This report seeks a decision for special exemption from some of the requirements of the Fencing of Swimming Pools Act 1987 (the Act).

Executive Summary

2. An application for an exemption for a swimming or spa pool has been received from the owners of:

· 57 Beresford Street, Bayswater.

3. The application does not comply with the Act. Pool inspectors have inspected the property and consulted with the applicants. Full assessment reports are attached to this report.

4. The local board must now resolve to grant, grant subject to conditions or decline the exemptions sought.

Recommendation/s

That the Devonport-Takapuna Local Board :

a) grant the application for special exemption as sought for 57 Beresford Street, Bayswater with the following conditions:

i. that NZS8500-20006 clause (a-k) is met at all times and the spa pool remain in this location.

Comments

Background

5. Auckland Council pool inspectors have inspected each property for which an application for special exemption from the Act has been received. In each case, the swimming pool fencing does not comply with the Act. The details of the non-compliance are specified in the attachments to this report.

6. The council’s pool inspectors have consulted with the applicants in each case. The applicants have been made aware of the council’s requirements to ensure fencing is compliant with the Act, and they have chosen to seek a special exemption from those requirements.

Legislative implications

7. Compliance with the Act is a mandatory requirement for all pool owners unless exemptions are granted by the local board.

8. The Act requires pool owners to fence their pool, or all or some of the immediate pool area including the pool itself. Specific detail on this is contained in the schedule to the Act. If a pool does not have a complying fence it is an offence under the Act, unless exempt.

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

10. The definition of the immediate pool area, which is “the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool”, is a key consideration for granting an exemption.

11. Where a building forms part of the pool fence and there are doors opening into the pool area, the local board may grant an exemption from compliance with clauses 8 and 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of six years.

12. When granting a special exemption the local board may impose reasonable conditions relating to the property or the pool or reflecting other relevant circumstances. These may include:

a) making the exemption personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption; and/or

b) granting the exemption for a fixed term irrespective of changes of ownership.

13. Any exemption granted or condition imposed may be amended or revoked by the local board by resolution. The rules of natural justice would however dictate that this action should not be taken without informing the pool owner and giving them the opportunity to be heard.

Consideration

Local board views and implications

14. Local boards have delegated authority to approve exemptions to the Fencing of Swimming Pools Act.

15. Before making an exemption, the local board must consider:

· the particular characteristics of the property and the pool;

· any other relevant circumstances; and

· conditions it may be necessary to impose.

16. The local board must also be satisfied that the exemption would not significantly increase the danger to young children.

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

18. If the application is declined the applicant will be required to fence the pool in accordance with the Act.

Maori impact statement

19. There are no particular impacts on Maori that are different from those of other pool owners.

Implementation

20. The decision must be made by resolution.

Attachments

No.	Title	Page
a View	57 Beresford Street, Bayswater (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Wolfgang Nethe - Manager Compliance

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 February 2016

Governance Forward Work Calendar

File No.: CP2016/00134

Purpose

1. To present to the board with a 3 month governance forward work calendar.

Executive Summary

2. This report introduces the governance forward work calendar: a schedule of items that will come before the board at business meetings over the next 3 months. The governance forward work calendar for your board is included in Attachment A.

3. The calendar aims to support local boards’ governance role by:

· ensuring advice on agendas material is driven by local board priorities

· clarifying what advice is required and when

· clarifying the rationale for reports.

4. The calendar will be updated every month. Each update will be reported back to business meetings and distributed to relevant Council staff. It is recognised that at times items will arise that are not programmed. Board members are welcome to discuss changes to the calendar.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) notes the attached Governance Forward Work Calendar.

Comments

5. Council’s Quality Advice Programme aims to improve the focus, analysis, presentation and timeliness of staff advice to elected representatives. An initiative under this is to develop forward work calendars for governing body committees and local boards. These provide elected members with better visibility of the types of governance tasks they are being asked to undertake and when they are scheduled.

6. Although the document is new, there are no new projects in the governance forward work calendar. The calendar brings together in one schedule reporting on all of the board’s projects and activities previously approved in the local board plan, long-term plan, departmental work programmes and through other board decisions. It includes governing body policies and initiatives that call for a local board response.

7. This initiative is intended to support the boards’ governance role. It will also help staff to support local boards, as an additional tool to manage workloads and track activities across council departments, and it will allow greater transparency for the public.

8. The calendar is arranged in three columns, “Topic”, “Purpose” and “Governance Role”:

· Topic describes the items and may indicate how they fit in with broader processes such as the annual plan

· Purpose indicates the aim of the item, such as formally approving plans or projects, hearing submissions or receiving progress updates

· Governance role is a higher-level categorisation of the work local boards do. Examples of the seven governance categories are tabled on the following page.

Governance role	Examples
Setting direction/priorities/budget	Capex projects, work programmes, annual plan
Local initiatives/specific decisions	Grants, road names, alcohol bans
Input into regional decision-making	Comments on regional bylaws, policies, plans
Oversight and monitoring	Local board agreement, quarterly performance reports, review projects
Accountability to the public	Annual report
Engagement	Community hui, submissions processes
Keeping informed	Briefings, cluster workshops

9. Board members are welcome to discuss changes to the calendar. The calendar will be updated and reported back every month to business meetings. Updates will also be distributed to relevant Council staff.

Consideration

Local Board views and implications

10. All local boards are being presented with governance forward work calendars for their consideration.

Māori impact statement

11. The projects and processes referred to in the governance forward work calendar will have a range of implications for Māori which will be considered when the work is reported.

Implementation

12. Staff will review the calendar each month in consultation with board members and will report an updated calendar to the board.

Attachments

No.	Title	Page
a View	Governance Forward Work Calendar for Devonport-Takapuna Local Board February 2016	81

Signatories

Authors

Neil Taylor – Senior Advisor Ōtara-Papatoetoe Local Board

Kris Munday – Senior Advisor Improvement Team

Authorisers

Eric Perry - Relationship Manager

Karen Lyon – Manager Local Boards Services

Devonport-Takapuna Local Board

16 February 2016

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

That the Devonport-Takapuna Local Board:

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

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

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:

20 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 57 Beresford Street, Bayswater

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

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

In particular, the report contains personal information.

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.

C1 Special Housing Areas: Tranche 10

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 commercially sensitive information and information that could potentially give parties a commercial advantage if released..

s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

In particular, the report contains commercially sensitive information and information that could potentially give parties a commercial advantage if released..

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.

[1] Taken from terms of reference establishing Productivity Commission inquiry, which is included in Appendix A of the Better Urban Planning Issues Paper (which is attached to the agenda report as Attachment A).

[2] Taken from Ministry for the Environment website at: http://www.mfe.govt.nz/rma/rma-reforms-and-amendments/about-resource-legislation-amendment-bill-2015.

[3] Gow, L. The Resource Management Act: Origins, context and intentions. Speech to the Resource Management Law Association Conference, Dunedin, 25 September 2014. Taken from p.31 of Better Urban Planning Issues Paper, presented as Attachment A to this report.

[4] Resource Legislation Amendment Bill explanatory note, 2015.

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