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

 

Date:                  

Time:

Meeting Room:

Venue:

 

Thursday, 18 February 2016

9:30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Len Brown, JP

 

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

Cr Dick Quax

 

Cr Cameron Brewer

Cr Sharon Stewart, QSM

 

Cr Dr Cathy Casey

Cr Sir John Walker, KNZM, CBE

 

Cr Bill Cashmore

Cr Wayne Walker

 

Cr Ross Clow

Cr John Watson

 

Cr Linda Cooper, JP

Cr Penny Webster

 

Cr Chris Darby

Cr George Wood, CNZM

 

Cr Alf Filipaina

 

 

Cr Hon Christine Fletcher, QSO

 

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

(Quorum 11 members)

 

 

 

Elaine Stephenson

Democracy Advisor

 

11 February 2016

 

Contact Telephone: (09) 890 8117

Email: elaine.stephenson@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



TERMS OF REFERENCE

 

 

Those powers which cannot legally be delegated:

 

(a)     the power to make a rate; or

(b)     the power to make a bylaw; or

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

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

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

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

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

 

Additional responsibilities retained by the Governing Body:

 

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

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

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

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

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

(f)      Approval of the Unitary Plan

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

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

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

 

Those who are not members of the public

 

General principles

 

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

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

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

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

 

Members of the meeting

 

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

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

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

 

Independent Māori Statutory Board

 

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

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

 

Staff

 

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

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

 

Local Board members

 

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

 

Council Controlled Organisations

 

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

 

 

 

 


Governing Body

18 February 2016

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Affirmation                                                                                                                    7

2          Apologies                                                                                                                      7

3          Declaration of Interest                                                                              7

4          Confirmation of Minutes                                                                                              7

5          Acknowledgements and Achievements                                                  7

6          Petitions                                                                                                     7  

7          Public Input                                                                                                7

8          Local Board Input                                                                                      7

9          Extraordinary Business                                                                            7

10        Notices of Motion                                                                                      8

11        Proposed fees under the Food Act 2014 - Recommendations from the Regulatory and Bylaws Committee                                                         9

12        Amendment to the Food Safety Bylaw 2013 - Recommendations from the Regulatory and Bylaws Committee                                                 27

13        Auckland Regional Amenities draft funding Plan 2016-2017 proposed submission                                                                                              89

14        Local Government Election Year Policy for Elected Members         181

15        Memorial on the centenary of World War One                                   201  

16        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

17        Procedural Motion to Exclude the Public                                                              209

C1       WW1 Centenary Memorial

This report was unavailable at the time the agenda went to print and will be tabled at the meeting.

  

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

2          Apologies

 

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

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

4          Confirmation of Minutes

 

That the Governing Body:

a)           confirm the ordinary minutes of its meeting, held on Wednesday, 10 February 2016, as a true and correct record.

 

 

5          Acknowledgements and Achievements

 

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

 

6          Petitions

 

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

 

7          Public Input

 

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

 

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

 

8          Local Board Input

 

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

 

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

 

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


 

 

9          Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10        Notices of Motion

 

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

 


Governing Body

18 February 2016

 

 

Proposed fees under the Food Act 2014 - Recommendations from the Regulatory and Bylaws Committee

 

File No.: CP2016/00144

 

  

 

 

Purpose

1.      To consider the recommendation from the Regulatory and Bylaws Committee relating to the proposed fees under the Food Act 2014.

Executive Summary

2.      At its 9 February 2016 meeting, the Regulatory and Bylaws Committee agreed to recommend to the Governing Body the adoption of the proposed fees under the Food Act 2014 (resolution number RBC/2016/4):

MOVED by Deputy Chairperson DA Krum, seconded by Cr AM Filipaina:  

That the Regulatory and Bylaws Committee:

a)      recommend to the Governing Body the adoption of the proposed fees for all food businesses that interact with Auckland Council under the Food Act 2014, as per Option One of the Statement of Proposal – Setting Fees under the Food Act (Attachment A of the agenda report).

3.      The original report and attachment from the 9 February 2016 Regulatory and Bylaws Committee agenda is attached to this report.

 

Recommendation/s

That the Governing Body:

a)      adopt the proposed fees for all food businesses that interact with Auckland Council under the Food Act 2014, as per Option One of the Statement of Proposal – Setting Fees under the Food Act (Attachment A of the original report).

 

 

 

Attachments

No.

Title

Page

aView

9 February 2016, Regulatory and Bylaws Committee, Item 10 - Report of the Hearings Panel on the proposed fees under the Food Act 2014

11

      

Signatories

Author

Jaimee Maha - Democracy Advisor

Authoriser

Stephen Town - Chief Executive

 


Governing Body

18 February 2016

 

 

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Governing Body

18 February 2016

 

 

Amendment to the Food Safety Bylaw 2013 - Recommendations from the Regulatory and Bylaws Committee

 

File No.: CP2015/17139

 

  

 

 

Purpose

1.      To consider the Regulatory and Bylaws Committee’s recommendation for the Governing Body to amend the Auckland Council Food Safety Bylaw 2013.

Executive Summary

2.      At its 9 February 2016 meeting, the Regulatory and Bylaws Committee agreed to recommend an amendment to the Food Safety Bylaw 2013 (resolution number RBC/2016/3):

MOVED by Chairperson CM Penrose, seconded by Deputy Chairperson DA Krum:  

That the Regulatory and Bylaws Committee:

a)      request the Governing Body to approve the amendment of the Auckland Council Food Safety Bylaw 2013 (as contained in Attachment A of the agenda report) to ensure consistency with the Food Act 2014.

3.      The original report and attachments from the 9 February 2016 Regulatory and Bylaw Committee agenda are attached to this report (Attachment A).

4.      In the process of amending the existing Food Safety Bylaw 2013 and developing a new grading methodology, Auckland Council engaged with representatives from the food industry, the Ministry for Primary Industries (MPI) and undertook a People’s Panel survey of 5,040 Aucklanders.  

5.      On 3 September 2015, Auckland Council staff presented to representatives of MPI on the proposed new grading methodology (for businesses that will register pursuant to the new Food Act 2014).

6.      Opportunity was provided for feedback and at the time, the MPI representatives did not express concern or objection to Auckland Council’s proposed continuation of the grading system.

7.      When Auckland Council staff presented the finalised grading methodology on 27 January 2016, MPI representatives indicated that the proposed amendments to the Food Safety Bylaw 2013 and new grading methodology may not be consistent with the purpose and principles of the Food Act 2014.

8.      Attachment B provides an assessment of the Proposed Amended Food Safety Bylaw 2013 against the purpose (section 4) and principles (section 16) of the Food Act 2014.

9.      Auckland Council staff are also working with MPI to ensure that the amended bylaw complements the Food Act 2014 by raising food safety industry standards.

 

Recommendation/s

That the Governing Body:

a)      approve the amendment of the Auckland Council Food Safety Bylaw 2013 (as per Attachment A of the original report) to ensure consistency with the Food Act 2014.

 

 

 

Attachments

No.

Title

Page

aView

9 February 2016, Regulatory and Bylaws Committee Agenda, Item 9 - Proposed amendment of Auckland Council's Food Safety Bylaw 2013

29

bView

9 February 2016, Regulatory and Bylaws Committee, Item 9 - Proposed amendment of Auckland Council's Food Safety Bylaw 2013 - Tabled Information

87

     

Signatories

Author

Jaimee Maha - Democracy Advisor

Authoriser

Stephen Town - Chief Executive

 


Governing Body

18 February 2016

 

 

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Governing Body

18 February 2016

 

 

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Governing Body

18 February 2016

 

 

Auckland Regional Amenities draft funding Plan 2016-2017 proposed submission

 

File No.: CP2016/00072

 

  

 

 

Purpose

1.      To approve a submission on behalf of Auckland Council to the Auckland Regional Amenities Funding Board (Funding Board) draft Funding Plan 2016-2017.

Executive Summary

2.      The Funding Board was established by the Auckland Regional Amenities Funding Act 2008 (the Act).  The purpose of the Act was to provide a mechanism for adequate, sustainable and secure funding to the ten specified Amenities.  This is similar, but separate to the Auckland War Memorial Museum and Museum of Transport and Technology funding process.

3.      Each year, the Amenities may submit a funding application to the Funding Board, which must then analyse the funding applications, and prepare a draft annual Funding Plan.

4.      The draft Funding Plan details the provisional allocations of funding as determined by the Funding Board.  It has been circulated publicly with final submissions required by Friday 19 February 2016.  The Funding Board will consider the submission(s), finalise the Funding Plan and in accordance with Section 27 6 (d) of the Act, request Auckland Council’s approval of the Board’s recommended Levy. 

5.      The draft Funding Plan (Attachment A) proposes a total levy for 2016-2017 of $16,142,000 representing an increase of $994,100 (or 6.5 per cent) over 2015-2016.  However, a like for like comparison (refer Table 2) with last year is difficult as the Auckland Rescue Helicopter Trust (ARHT) did not make a funding application for 2015-16, although Council approved a capital grant of $450,000 as part of the Long Term Plan process.  ARHT has made an application for the 2016-2017 Funding Plan.  If the LTP capital grant is added to the 2015/2016 levy, the proposed increase for 2016-17 is 3.5 per cent.

6.      On a percentage basis, Stardome Observatory and Planetarium (Stardome) and the NZ Opera (NZO) are receiving significantly greater increases than the other eight amenities.  The Funding Board have specifically tagged some of Stardome’s grant allocation to the implementation of recommendations from a strategic review commenced in 2014-2015.   It is also proposed that NZO will receive a significant increase to its grant to assist with the implementation of the strategic plan which includes growing the Auckland’s opera audience base and increasing the number of performances in any one year.   

            8.            The Funding Board are recommending a 1.7 per cent increase in the Funding board remuneration (Attachment B).  No additional budget is required as the Funding Board will absorb the     proposed increase within the current administration budget request ($315,000).  Council will need to decide whether to approve this increase when it considers the final Funding Plan in March. The increase is shown below:

                                    - Chair from $29,000 to $29,500

                                    - Deputy Chair from $21,750 to $22,125 ; and

                                    - Directors from $14,500 to $14,750.


 

10.    The proposed key points for the Council submission (Attachment C) are to:

·    acknowledge the Funding Board and Amenities for their contribution to Auckland;

·    note that after a period of significant increases, most of the Amenities should now be reaching a level of funding that provides a degree of sustainability and large increases should not be required in the future.  Council asks the Funding Board to progress the recommendation with the Amenities from 2015 council-ARAFB review (examine sustainable funding for each Amenity)  

·    note the increase to ratepayer funding since the Act came into force, including future years funding requests as indicated by the amenities;

·    ask that the Funding Board ask the Amenities to maintain a focus on  accessing alternative revenue streams. 

·    ask the Funding Board to monitor any impacts of the Arts Festival annualisation; and

·    note the Funding Boards request for increased remuneration. 

              

Recommendation/s

That the Governing Body:

a)      approve the Auckland Council submission (Attachment A to the agenda report) to the Auckland Regional Amenities Funding Board draft Funding Plan 2016-2017.

b)      delegate to the Manager Council Controlled Organisation Governance and External Partnerships, the ability to make any minor edits or amendments to the submission, to correct and identify errors or typographical edits, or to reflect decisions made by the Governing Body.

c)      authorise the Chair of the Finance and Performance Committee to sign the submission on behalf of Auckland Council.

 

Comments

7.      The Funding Board was established under the Auckland Regional Amenities Funding Act 2008 (the Act).  The purpose of the Act was to establish a mechanism to provide adequate, sustainable, and secure funding for the specified Amenities that provide arts, educational and rescue services throughout the Auckland region.

8.      The Amenities are:

·    Auckland Observatory and Planetarium Trust Board

·    Auckland Philharmonia

·    Auckland Regional Rescue Helicopter Trust

·    Auckland Theatre Company Limited

·    Coast Guard Northern Region Incorporated

·    New Zealand Maritime Museum Trust Board

·    New Zealand Opera Limited

·    Surf Life Saving Northern Region Incorporated

·    The Auckland Festival Trust

·    Watersafe Auckland Incorporated

9.      The Funding Board is an independent body, which is responsible for allocation of the annual funding provided by Auckland Council for the Amenities.

10.    The role of the Funding Board is to assess the annual funding applications received from the Amenities against the funding principles within the Act and adopted by Auckland Council.

11.    The funding principles in the Act require the Funding Board to have regard to the following;

·    The primary purpose of the funding to the Amenities is to contribute to the expenses that the Amenities incur in providing facilities or services;

·    Funding is not available for any part of facilities or services that the Amenities provide outside the Auckland region;

·    Funding is not available for capital expenses; and

·    Funding is available only if the Amenity has made all reasonable endeavours to maximise their funding from other available sources.

12.    In November 2012, Auckland Council adopted two additional funding principles, which require the Funding Board to have regard to the Council’s proposed rates increase for the forthcoming year, and require the Amenities to align their activities to the Auckland Plan, by adopting relevant performance measures.

13.    Once the Funding Board has conducted the analysis of the Amenities funding applications, it is required under the Act to prepare the draft-funding plan, circulate it for public consultation, and call for public submissions.  The Council is also permitted to make a submission on the draft Funding Plan.

14.    The following table sets out the timeline for the 2016-2017 funding process:

Table 1. 2016-2017 Auckland Regional Amenities Funding Process

22 September 2015

Amenities submit funding applications to the Funding Board.

18 January 2016

Funding Board publically notifies draft Funding Plan.

19 February 2016

Deadline for submissions on the draft Funding Plan.

1 March 2016

Funding board submissions hearing.

15 March 2015

Funding board considers submissions, and makes any amendments it considers appropriate to the draft Funding Plan.  The Funding Board then submits the Funding Plan to Auckland Council together with details of the proposed levy.

31 March 2015

Auckland Council considers the Funding Plan (having regard to the funding principles), and either approves or rejects the proposed levy.

No later than 30 April 2016

If Auckland Council approves the Funding Plan, the Funding Board meets to deliberate on and adopt its Funding Plan and fix the levy.

1 July 2016

Auckland Council pays the levy to the Funding Board.

12 August 2016

Last date to distribute grants to Specified Amenities.

 

Main features of the draft Funding Plan

Auckland Regional Helicopter Trust

15.    ARHT did not to make an application to the Funding Board for the 2015-2016 Funding Levy.  As part of the Long Term Plan a capital grant of $450,000 was made to the ARHT towards the purchase of a new rescue helicopter. 

16.    ARHT has applied to the Funding Board for $694,828 for 2016-2017 Funding Levy.  The Funding Board has made a provisional allocation of $450,000.


 

Stardome Observatory and Planetarium (Stardome) and New Zealand Opera (NZO)

17.    Two of the ten amenities are receiving higher percentage increases to their grants than the remaining eight amenities. 

18.    Stardome received an additional one-off payment of $150,000 in 2014-2015 to finance a strategic review.  The Funding Board have proposed an additional sum of $180,000 over the 2016-2017 grant towards implementing the first stages recommended in the Strategic Review of Operations, completed in 2014-2015.                          

19.    As a result of improved governance and management policies, NZO is now embarking on the implementation of its strategic plan, which includes developing new audiences in Auckland by presenting “boutique” operas in collaboration with other organisations such as the ASB Waterfront Theatre and the Auckland Arts Festival.  This work will help to raise revenue for the NZO.  The Funding Board has proposed an increase of $100,000 to NZO to assist with this work. 

Administration and Board member fees

20.    The Act provides that Auckland Council must decide how much to pay each member of the Funding Board after considering a recommendation from the Funding Board. 

21.    Auckland Council must decide to pay an amount that is appropriate having regard to both the public purpose of the Board’s functions and the extent of public funding of the Board’s operations.

22.    The Funding Board are recommending a 1.7 per cent increase to board remuneration for board members, Chair and Deputy Chair, refer to the attached letter.

23.    The table below shows the remuneration increases approved by Auckland Council in previous years:

 

Initial

(2008)

2013

2014

2015

2016 (yet to be approved)

Chair

$20,000

24,000

28,000

29,000

29,500

Deputy Chair

$15,000

16,250

17,500

21,750

22,125

Board Member

$12,000

13,000

14,000

14,500

14,750

24.    Any additional remuneration would be absorbed within the current administration fee therefore no additional increase to the levy is required.  

25.    For future remuneration reviews, Auckland Council recommends that the Funding Board consider the approach outlined within the Governance Manual (for CO Board Members), being a triennial remuneration review, benchmarked against similar entities and applying a moderate (median) increase across the three year period. 

Funding Plan for 2016-2017

26.    The total levy sought for 2016-2017 is $16,142,000 representing an increase of $994,100 (or 6.5 per cent) over 2015-2016.

27.    However a like for like comparison shows that the total levy sought for seven of the amenities and administration in 2016-2017 is $10,978,500, 2.85 per cent increase from 2015-16.  A direct comparison over the ten amenities is not possible because:

(i)      one amenity, the Auckland Rescue Helicopter Trust (ARHT) chose not to make an  application to the Funding Board 2015-16.  The ARHT received $450,000 in 2014-2015 and council approved a capex grant of $450,000 as part of the LTP process.  This needs to be taken into account when comparing the 2015-2016 levy with the draft 2016-2017 funding plan.

28.    The following table sets out the amount of funding applied for, the provisional allocation of funding to each of the Amenities and also shows how much they received in 2015-2016.

 

2016-2017 Proposed Allocation of Grants to Specified Amenities

Amenity

Grant Allocated by Funding Board 2015-16

Amenity Funding Application 2016-2017

Provisional Allocation of Grant 2016-2017

Year on Year Change

 %

Auckland Arts Festival

$3,305,000

$3,425,000

$3,325,000

$20,000

0.61

Auckland Philharmonia

$3,042,000

$3,210,000

$3,092,000

$50,000

1.64

Auckland Regional Rescue Helicopter*

0

$694,828

$450,000

$450,000

 

Auckland Theatre Company

$1,450,000

$1,750,000

$1,490,000

$40,000

2.76

Coastguard Northern Region

$683,400

$698,000

$698,000

$14,600

2.14

New Zealand Opera

$875,000

$1,147,500

$975,000

$100,000

11.43

Stardome Observatory and Planetarium

$1,209,000

$1,499,000

$1,389,000

$180,000

14.89

Surf Life Saving Northern Region

$1,234,000

$1,324,000

$1,266,000

$32,000

2.59

Voyager – New Zealand Maritime Museum

$2,025,000

$2,225,000

$2,092,500

$67,500

3.33

Watersafe Auckland

$1,050,000

$1,050,000

$1,050,000

$0

0

Total 

$14,873,400

$17,023,328

$15,827,500

$954,100 

6.41

Funding Board Administration

         $315,000

$

$315,000

$

0

Potion of levy funded by Funding Board**

            $40,000

 

 

 

 

Total Levy payable by Auckland Council

    $15,148,400

$

$16,142,500

$

6.56

*ARHT did not make application to the 2015-2016 Funding round.

**The Funding Board approved an additional allocation to Stardome of $40,000 more             than was originally allocated in the draft 2015-2016 Funding Plan, this was paid from the Funding Board’s retained earnings. 


 

 

Indicative Funding Requests for July 2017 to June 2018 and Financial sustainability of the Amenities

29.    The draft Funding Plan includes the Amenities’ indicative funding application amounts for 2017-2018 and 2018-2019.  A levy increase of 7.52 per cent is indicated for  2017-2018.

30.    The majority of Amenities have received substantial increases in ratepayer funding since the Act came into force, and most of the Amenities should now be reaching a level of funding that provides a degree of sustainability. 

31.    Some Amenities have been very successful at generating funds from other sources, while others were showing an increasing reliance on Levy Funding.  Council has in previous years expressed concern and requested the Funding Board ask the Amenities to work towards generating other revenue streams. 

32.    Council notes that some Amenities are now showing either a small decrease or a plateau in future funding requests for 2017-2018 and 2018-2019.   

33.    While this is an encouraging signal, Council requests that Amenities again maintain a focus on accessing alternative revenue streams. 

34.    In 2015 the Auckland Council ARAFB review recommended further work be undertaken to determine what is “sustainable funding” for each amenity.  It is essential for this work to be a key focus for all stakeholders involved (the Funding Board, Amenities and Auckland Council).     

35.    It is hoped this will assist in providing better estimates of future funding requests, particularly those that are the result of the proposed increases in levels of service, and/or capital developments.

Draft Council submission

36.    Council staff have reviewed the draft Funding Plan, with general feedback being that the plan is well considered.  Following the review of the draft Funding Plan, and building on engagement staff have had with the Funding Board during the funding process, it is recommended that Auckland Council’s submission to the Funding Board cover the following areas:

·    acknowledge the Funding Board and the Amenities for their contribution towards making Auckland a vibrant, attractive and safe place to live and visit.

·    note the majority of Amenities have received substantial increases in ratepayer funding since the Act came into force, and most of the Amenities should now be reaching a level of funding that provides a degree of sustainability. 

·      the 2015 Auckland Council-ARAFA review recommended that further work be undertaken to determine what is “sustainable funding” for each amenity.  Council asks that the Funding Board progress this work in 2016.         

·    note the level of funding the Amenities have indicated they will apply for in future years and acknowledge that the sustainability work planned for 2016 will assist providing better estimates of future funding requests, particularly those that are the result of the proposed increases in levels of service, and/or capital developments.

·    request that the Funding Board ask the Amenities to maintain a focus on  accessing alternative revenue streams. 

·    the Arts Festival is now being held annually, on a trial basis.  Council asks that the Funding Board advises council of any impacts of the annualisation, including changes to matters such as  in attendance figures, sponsorship levels and impacts on other entities; and

·    request for future remuneration reviews that the Funding Board consider the approach outlined within the Governance Manual (for CO Board Members), being a triennial remuneration review, benchmarked against similar entities and applying a moderate (median) increase across the three-year period.

Consideration

Local Board views and implications

37.    Decision-making and oversight in respect of regional activities is the responsibility of the Governing Body.  This report relates to the funding relationship between the Council, the Funding Board, and the Amenities.

38.    Local Board views have not been formally canvassed.

Māori impact statement

39.    The Amenities have the ability to make positive contributions to Māori Wellbeing, and to deliver on Auckland Plan outcomes relating to effective communication and engagement with Māori and contribute to effective Māori capacity.  The Act requires that the membership of the Funding Board must include at least one member who represents the interests of Māori in the Auckland region.

Implementation

40.    Manager Council Controlled Organisation Governance and External Partnerships, to make any minor edits or amendments to the submission, to correct and identify errors or typographical edits, or to reflect decisions made by the Governing Body.

41.    Chair of the Finance and Performance Committee to sign the submission on behalf of Auckland Council.

tachments

No.

Title

Page

aView

Draft ARAFB 2016-17 Funding Plan

97

bView

ARAFB Remuneration for Board Members

177

cView

Auckland Council Submission - Draft

179

     

Signatories

Author

Josie Meuli - Senior Advisor

Authorisers

Alastair Cameron - Manager CCO Governance and External Partnerships

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

18 February 2016

 

 
















































































Governing Body

18 February 2016

 

 



Governing Body

18 February 2016

 

 



Governing Body

18 February 2016

 

 

Local Government Election Year Policy for Elected Members

 

File No.: CP2015/26250

 

  

 

 

Purpose

1.      To adopt the attached revised “Auckland Council Local Government Election Year Policy for Elected Members”.

Executive Summary

2.      On 23 May 2013, the Governing Body adopted the “Auckland Council Local Government Election Year Policy”.  In preparation for the 2016 elections, staff have reviewed the existing policy and have separated it into two different policies – one for elected members and one for staff.

3.      This report presents the draft election year policy for elected members (attachment A) for consideration by the Governing Body. Other changes made since 2013 include:

·   removal of background description of governance arrangements, which are now well known

·   emphasis on the two key principles guiding the policy:

o resources owned by the Auckland Council and made available to elected members should only be used for Auckland Council work purposes

o the use of council resources for re-election purposes is unacceptable and possibly unlawful

·   addition of wording to describe the “two hats” that sitting members wear in an election year when they stand for re-election, and the need to keep these separate

·   addition of a FAQ page

·   an approach to the use of communication resources (such as email and phones) that better reflects the need to keep the two hats separate (this is discussed in more detail under local board comments).

4.      The draft policy has been considered by all local boards and feedback from XX local boards is discussed in the body of this report.  Feedback from the Devonport-Takapuna Local Board will be tabled at the meeting, as the board has its meeting two nights before the Governing Body meeting.

 

Recommendation/s

That the Governing Body:

a)      note the additional local board comments circulated following the publication of this agenda.

b)      adopt the “Auckland Council Local Government Election Year Policy for Elected Members” in Attachment A to the agenda report, as one of two polices which will replace the existing policy.

c)      note that the chief executive will approve a policy on staff involvement in political processes.

 

 


Comments

Principles

5.      This policy is based on two key principles.  The first principle relates to the proper use of council resources and applies at all times.

6.      A local authority is required to undertake the role and achieve the purposes of local government as set out in the Local Government Act 2002.  To do that, a local authority has the power to raise funds through rates, charges and other mechanisms in order to procure the resources it requires.  The use of such resources for electioneering purposes of individual members is not one of the purposes of local government and may be unlawful. 

7.      Similar principles apply to members of parliament.  The Parliamentary Service Act 2000 in section 3B is clear that the purposes for which services are provided exclude electioneering.  This is reflected in the rules contained in the Speakers Directions.

8.      There is no comparable legislation applying to local government, however the Auditor-General has provided guidance on appropriate use of public resources, which has informed this policy.

9.      The second principle is complementary to the first and applies the first principle to the elections.  The second principle is a direct quote from the Auditor-General’s “Good Practice for Managing Public Communications by Local Authorities”.

10.    A sitting member who is standing for re-election must take particular care to keep his or her roles as sitting member and as candidate quite separate.  There is a sense in which the member “wears two hats”.

11.    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 provides guidance on distinguishing between these two roles and how to keep them separate.

Elected member expense policy

12.    The expense policy requires members to reimburse the costs of personal calls and data usage.  It states that mileage cannot be claimed for electioneering purposes. The proposed policy is consistent with this.

Code of Conduct

13.    The Code, in section 7.9.3 “Pre-election period” states:

“During the three months prior to polling date for local authority elections, Council resources should not be used in any way that could be deemed to give any sitting member an electoral advantage. During this period elected members will:

·    not use council stationery, email, postage or fax/phone facilities or any other council resource explicitly for campaign purposes

·    not attempt to make any use of council communications that could be construed as giving that member an unfair electoral advantage by raising their profile

·    abide by any council policies adopted by the governing body relating to conduct during the pre-election period.

Note:        Complaints in regard to any matter relating to the conduct of the elections are to be made through the Electoral Officer. If any complaint involves the use of Council resources the Electoral Officer will bring the complaint to the attention of the Chief Executive.”


 

14.    The proposed policy is consistent with the guidance for the pre-election period.  Although there is specific reference to the “pre-election period” in the Code, it is noted that the proposed policy has aspects to it that apply at all times and other aspects that are stated to apply to the pre-election period, which is the three months prior to election day (9 July 2016 to 8 October 2016).

Auditor-General

15.    The Auditor-General has provided guidance to local authorities on this issue.

16.    In the report to Parliament on local government audits for 2008/09 the Auditor-General stated:

“The general practice in the local government sector is to treat the three months before the election as the pre-election period, during which additional protocols may be needed. There are some simple principles that need to be balanced in any pre-election period:

-   Council staff need to maintain their neutrality.

-   The public funds that councils administer should not be used for electioneering or to benefit one candidate over another.

-   Councillors are still in office during the election campaign and remain responsible for the activities of the organisation.

-   Ordinary business has to continue despite the election, which includes ongoing communication with the (voting) public.”

“Most local authorities are familiar with our 2004 publication, Good Practice for Managing Public Communications by Local Authorities. The overall advice in that report stands. We encourage each local authority to adopt its own clear policy and set of working rules that it agrees to abide by as a way of managing the issues of communicating during election periods. The policy and working rules should have regard to the principles identified in our good practice guide.”

17.    The publication “Good Practice for Managing Public Communications by Local Authorities” sets out the following principles that relate to election years:

“Principle 12

A local authority must not promote, nor be perceived to promote, the re-election prospects of a sitting member. Therefore, the use of Council resources for re-election purposes is unacceptable and possibly unlawful.”

“Principle 13

A Council’s communications policy should also recognise the risk that communications by or about Members, in their capacities as spokespersons for Council, during a pre-election period could result in the Member achieving electoral advantage at ratepayers’ expense. The chief executive officer (or his or her delegate) should actively manage the risk in accordance with the relevant electoral law.”

18.    The council’s current local government election year policy and the proposed draft policy both contain rules which reflect these principles.

Consideration

Local Board views and implications

19.    A draft of the revised policy was reported to local boards for their feedback.  Some boards provided feedback through workshops rather than formal meetings due to meeting timetabling issues.

20.    Feedback is summarised in Attachment B.  The issues raised by local boards are discussed below.

Need for a “policy”

21.    The Waiheke Local Board has submitted that there is no legislative requirement for a policy and the Orakei Local Board has submitted it should be called ‘guidelines’. 

22.    The Auditor-General has stated: “We encourage each local authority to adopt its own clear policy and set of working rules that it agrees to abide by as a way of managing the issues of communicating during election periods. The policy and working rules should have regard to the principles identified in our good practice guide.”   The council has adopted a specific communications policy.  The policy relating to the election year simply focuses on those recommendations made by the Auditor-General that apply to elections.   By adopting such a policy, there is then an agreed set of standards that provides certainty for all elected members and staff.  The Code of Conduct refers to any ‘policy’ relating to conduct during the pre-election period.

23.    It is correct that there is no legislative requirement for the policy.  The Auditor-General has stated it is good practice to adopt a policy.

Using council resources to criticise a council related/or elected members decisions

24.    The Waitakere Ranges Local Board has submitted that the rules about not using council resources for criticism could stifle healthy debate. The Orakei Local Board has submitted that a fair comment or fact-based rebuttal in relation to another candidate should be acceptable and that a polite statement that a board view differed from a CCO or governing body view, should also be acceptable.

25.    Healthy and robust debate during an election is to be encouraged.  The key issue addressed in the policy relates to the use of council resources to criticise another member or candidate. All candidates for election are free to use their own resources for electioneering but sitting members may not use council resources for this purpose. Furthermore there are principles in the Code of Conduct that debate by members in their capacity as members should be about issues rather than personalities. 

26.    The policy also states that council resources should not be used to criticise council related decisions. Debate about issues leading up to a decision being made is healthy.  Once a decision is made through the democratic process it should not be criticised for election purposes, using ratepayer funded council resources.  Individual candidates, though, may well have their own websites and other personal channels which they use to debate and criticise decisions that have been made. 

27.    Fair comment, or fact-based rebuttal, may or may not be acceptable depending on the circumstances.  Generally the use of a council resource (for example the Our Auckland publication) by an elected member to rebut statements made by an election candidate, is not acceptable.  It provides the elected member with a platform that is not available to other candidates.

28.    A polite statement that a board view differed from the view of the governing body or a CCO, may be acceptable to the extent it avoids the aspect of criticism.

Communication resources

29.    The Waitakere Ranges and Hibiscus and Bays Local Boards submitted that reasonable use of email and mobile phones should be permitted.

30.    For sitting members, the technology policy may state that occasional personal use of council email and mobile phones might be acceptable provided any cost is reimbursed.  There is no marginal cost associated with an email and the only additional cost to the council of the personal use of a mobile phone is if usage goes over what is provided in the plan. 


 

31.    The issue is not to do with cost but with propriety.  The proposed policy points out that members standing for re-election wear two hats – that of a sitting member, for whom council resources are provided to enable the member to perform their role – and that of a candidate for the election.  The second role is quite separate and publicly funded resources are not provided to candidates for electioneering.

32.    Consequently a member should not use a council phone number as their contact for campaign purposes. Having a separate number requires having a separate phone.  Neither should a member use their council email address as their contact for election purposes.  This confuses the two roles.

33.    The Orakei Local Board suggested more definition of the term ‘resources’.  Staff feel that the description in the definitions section is adequate.

Social media

34.    The Rodney and Hibiscus and Bays local boards asked for guidance around the use of council social media.  A section has been added to the FAQ to address this.

Events and speaking invitations

35.    The Hibiscus and Bays Local Board has requested clarification regarding events and speaking engagements.  The Auditor-General states:

A Council’s communications policy should also recognise the risk that communications by or about members, in their capacities as spokespersons for Council, during a pre-election period could result in the Member achieving electoral advantage at ratepayers’ expense. The chief executive officer (or his or her delegate) should actively manage the risk in accordance with the relevant electoral law.

36.    The Auditor-General’s recommendations go on to state that it is not practicable to completely halt such activity: “council leaders and spokespersons need to continue to communicate matters of council business to the public”

37.    Certain events need to continue as well.  An example is citizenship ceremonies which local board chairs attend.  Care needs to be taken to avoid a public perception that such events are being used to give an election candidate an unfair profile.

38.    The policy states that the chief executive or his or her delegate will authorise these activities. It is expected that, for local boards, Local Board Services will monitor these events as appropriate. 

Principle 2

39.    The draft policy distributed to local boards had as principle 2 “during an election year, all candidates for election should have an equal opportunity to be elected”. This reflected the level playing field concept which is fundamental to an election.  However there is no clear legislative reference to support this and, further to comments from Orakei Local Board, principle 2 has been changed to a direct quote from the Auditor-General.

Other

40.    There have been other minor wording changes made as a result of feedback from local boards.

41.    In response to the Franklin Local Board and Orakei Local Board, the statement All staff continue to support elected members in performing their role” has been added to “Neutrality of public servants”.

42.    The Franklin Local Board has suggested a summary (‘checklist’ or ‘crib sheet’) of the policy is made available.  This will be developed.


 

43.    The Upper Harbour Local Board has requested clarity around rules relating to hoardings.  These are contained in an Auckland Transport Bylaw and are available from the AT website.  Guidance for candidates is available from the council’s website.  The focus of the draft policy is sitting elected members.

Māori impact statement

44.    This is a policy that applies to current elected members to help ensure transparency and fairness for candidates for election.  This policy impacts on any members of our community who intend to vote in the local government election.

Implementation

45.    The Franklin Local Board has suggested a checklist or an expanded FAQ to accompany the policy.  This will developed and sent, along with the full policy, to all members.

 

Attachments

No.

Title

Page

aView

Auckland Council Local Government Election Year Policy for Elected Members

187

bView

Local board comments

195

     

Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

18 February 2016

 

 

Auckland Council

Local Government Election Year Policy

for Elected Members

 

 

Summary

 

1.   In an election year, elected members standing for re-election “wear two hats”.  They continue to make the decisions of the Auckland Council and, as candidates, campaign for re-election. 

2.   If an incumbent elected member is standing for re-election, he or she must clearly and transparently differentiate between council ‘business as usual’ and campaigning for re-election. This policy will assist elected members to manage this important distinction, particularly during any year in which a local government election is held.

3.   Resources owned by the Auckland Council and made available to elected members should only be used for Auckland Council purposes. This applies at all times.

4.   During an election year, the use of council resources for re-election purposes is unacceptable and possibly unlawful.

5.   This policy is based on guidance from the Auditor General[1].

 

Who does this policy apply to?

 

6.   The policy applies to all Auckland Council elected members and advisory panel members.

7.   The Independent Maori Statutory Board (IMSB) and the boards of Council Controlled Organisations are requested to note the relevant principles in this policy and apply them, as appropriate, to their boards.

 

Complaints about potential breaches of this policy

 

8.   Complaints about potential breaches of this policy must be made in writing to Auckland Council’s chief executive who will consider each complaint on a case by case basis with reference to this and other relevant policies.

9.   Complaints about the conduct of the elections are made to the electoral officer.  If any complaint involves the use of council resources the electoral officer will bring the complaint to the attention of the chief executive[2].

 

Principles

This policy is based on two complementary principles:

10. Principle 1: Resources owned by the Auckland Council and made available to elected members should only be used for Auckland Council purposes.

11. This applies at all times, not just during an election year. 

12. Principle 2: The use of council resources for re-election purposes is unacceptable and possibly unlawful.[3] 

13. This is consistent with the Auditor-General’s good practice guide and is specific to election year. 

14. Elected members standing for re-election should clearly and transparently differentiate between council ‘business as usual’ and campaigning for re-election. 

 

General business of council continues during pre-election period

 

15. The normal business of council continues during an election year, including during the pre-election period and elected members continue to have the right and responsibility to govern and make decisions.

16. During the pre-election period a heightened level of media and public scrutiny about council’s decisions and business can be expected. To assist elected members and council staff during this period, the governing body and each local board may choose to adopt certain limited restraints on business as usual. For example:

·    as far as is reasonably possible, make significant decisions and provide direction to officers on any major issues prior to the pre-election period

·    decide not to make major policy decisions or changes which will significantly impact on the incoming council during the pre-election period.

17. Choosing to adopt limited restraints on normal business during the pre-election period assists elected members and employees to manage any potential confusion which may occur between council’s business as usual and candidates’ campaign manifestos.

18. It is important to note that not all decisions should, or can, be made prior to the start of the pre-election period. The general principle is that business can continue as normal.

 

Use of council resources

 

19. If a sitting elected member is seeking re-election a clear and transparent distinction will be made between that member’s business-as-usual activities and the member’s campaigning activities

20. Elected members can use council resources and technology only in their capacity as an elected member of Auckland Council and should use their own resources and technology in their capacity as an election candidate. 

21. Council’s policy on the use of technology may allow limited personal use of council resources such as mobile phones, by elected members on the basis of reimbursing the council for any actual cost to the council.

22. In an election, the council does not supply any candidate with technology resources. Having access to a council resource could create an electoral advantage, regardless of whether there is an actual cost to the council.  All candidates, including sitting members, should use their own resources for electioneering.

23. Mileage allowances will not be paid for any travel relating to electioneering[4].

 

Use of mayoral resources

 

24. Council resources provided for mayoral use should not be used for any electioneering activities associated with any candidate.

25. If an incumbent mayor is seeking re-election a clear and transparent distinction will be made between that mayor’s business-as-usual activities and the mayor’s campaigning activities. An incumbent mayor seeking re-election will establish a separate office, with separate staff, for any campaigning activities.

26. The incumbent mayor’s office will establish systems and protocols to ensure that any information or other requests from the public, media, other elected members or council employees during the pre-election period are identified as either business as usual or campaign related and to ensure that these are kept separate and responded to appropriately.


 

Elected members correspondence

 

27. During the pre-election period normal day-to-day elected members official correspondence with their constituents on appropriate matters should not be inconsistent with the general principle that Auckland Council must not promote, nor be perceived to promote, the re-election prospects of a sitting member or any candidate for election.

28. Correspondence relating to any sitting member’s campaign for re-election should not utilise an Auckland Council email address, Auckland Council stationery or Auckland Council business card.

29. Business cards will not be renewed during the pre-election period.

 

Council communications

 

30. The use of Auckland Council communication resources for re-election purposes is unacceptable and may be unlawful[5]

31. Criticism of an elected member or candidate for election by a sitting elected member is unacceptable in any council-funded communication.

32. Criticism of decisions of the governing body by any local board; criticism of decisions of any local board by the governing body; and criticism of decisions of any local board by another local board is unacceptable in any council-funded communication.

33. Auckland Council’s Communications Policy and the policies referred to in that document apply at all times.

34. Particular care will be exercised in the use of council resources for communications to ensure that they do not unreasonably raise, or could have the effect of unreasonably raising, the personal profile of any elected member or candidate for election in the community. This will include careful consideration of the tone, content and style of any communication to ensure that it is factual, accurate, complete, fairly expressed, and politically neutral.

35. During the pre-election period, the following communications must be authorised by Auckland Council’s chief executive, or his or her delegate:

·    Council-funded communications

·    communications by or about elected members, in their capacities as spokespersons for council

·    events and speaking invitations.

36. Council-funded communications will include reference to the relevant council decision to which they relate. Communications from the mayoral office will include reference to the relevant council decision to which they relate where such a resolution exists.

37. Photographs of elected members and content authored by elected members in council publications and advertising will be suspended during the pre-election period.[6]

 

Council support staff for elected members

 

38. Councillor Support Advisors provide dedicated support to councillors and Local Board Services staff provide dedicated support to local board members through local board offices.  Such support continues for the purpose of assisting elected members to fulfil their responsibilities in conducting the business of Auckland Council.

39. Support staff will not provide any assistance relating to electioneering activities.

 

Neutrality of public servants

 

40. A major characteristic of New Zealand’s constitutional arrangements is that public servants are apolitical. This applies to public servants in local and central government.

41. Having a heightened awareness of the need for public servants to be seen to act with political neutrality does not mean the work of council is disrupted.  All staff continue to support elected members in performing their role.

42. It does mean however, that during an election year and particularly during the pre-election period, additional care must be taken to ensure that activities are not seen, in any way, to support or preference one candidate over another.

43. This is particularly important with respect to activities such as media relations, advertising campaigns, responding to Local Government Official Information and Meetings Act 1987 requests, interaction with electoral candidates, public speaking engagements, appointment processes, programme and strategy launches and promotions, and the release of discussion documents.

44. The chief executive is responsible for setting appropriate election year protocols for staff.

 


Definitions

 

45. Council resources means: council’s human resources; budgets; and council-owned, or controlled, property and other resources; including information technology and telecommunications devices. Auckland Council’s Elected Members Technology Policy applies during the pre-election period.

46. Electioneering means activity that relates exclusively to the campaign for the election of a candidate, and occurs solely in the candidate’s capacity as a candidate, and not in his or her capacity as a member of the governing body or local board[7].

47. Pre-election period means the three months prior to election day[8].

 

Related policies

 

48. The following policies continue to apply during an election year and should be read in conjunction with this policy:

·    Auckland Council’s Elected Members Code of Conduct Policy

·    Auckland Council’s Elected Members Technology Policy

·    Auckland Council’s Elected Members Expense Policy

·    Auckland Council’s Communications Policy

 

 

Operational protocols

 

49. This policy may be supplemented by more detailed operational protocols for the mayor’s office, local board members and council employees.

 


 

FAQ

 

1.   What if I receive an election-related call on my council mobile phone?

You should use a personal phone for election-related activities. Using a council mobile phone for all election communication is not appropriate.  It will require you to list the council mobile phone number as your contact on your campaign material and this is also not appropriate.  However, spending five minutes taking the call is not likely to affect the course of the election, give you an electoral advantage or be a cost to the council, but you should advise the caller to use your personal number in the future. 

2.   Some of the opportunities that I have for attending to campaign activities occur between meetings at the council.  It is not feasible for me to travel home to use my personal computer in order to draft a speech.

The underlying principle is that of electoral advantage.  The issue is whether, by having access to a computer that you do not have to pay for, you are at an advantage over other candidates.  You should use your own resources for election related activity.  You may need to carry two laptops during the electoral campaign. 

3.   The council provides local boards with Facebook pages.  Am I able to make critical comments on these?

Yes. During the course of the term, some posts on council-provided Facebook pages are in the name of the local board.  Other people may make personal comments and posts.  If members continue to make personal comments during the election period, there is no electoral advantage. Any member of the public, including any candidate, has the same opportunity.

4.   What are the relevant dates for the 2016 elections?

 

Wednesday 13 July 2016

Public notice of election calling for nominations

Friday 15 July 2016

Nominations open

Friday 12 August 2016

Nominations close

16 – 21 September 2016

Delivery of voting documents

Saturday 8 October 2016

Election day

15 – 19 October 2016

Public notice of declaration of results

Mid-December 2016

Return of election expenses & donations form

The pre-election period is 9 July 2016 to 8 October 2016.


Governing Body

18 February 2016

 

 

 

Date

Local board

Comments

9 December 2015

Whau

That the Whau Local Board:

a)  Receives the draft “Local Government Election Year Policy for Elected Members” report.

10 December 2015

Waitakere Ranges

That the Waitākere Ranges Local Board provides the following feedback on the Draft Auckland Council Local Government Election Year Policy for Elected Members:

 

a)      The policy should apply to the defined pre-election period only and be re-named accordingly. Outside of the pre-election period the Elected Members Code of Conduct provides sufficient guidance.

b)      The policy should enable robust political debate in an election year. The policy is at risk of stifling debate and appears anti-democratic in places, particularly the clauses relating to council communications (paragraphs 30-37).

c)      In the new year, council will be going through its annual plan process, and the local board and its members may take positions that are at odds with the position of the governing body over financial policies and investment priorities. This can only be seen as healthy political debate.

d)      A local board has a responsibility during its entire electoral term to represent the interests of its communities. At times, this may mean commenting both favourably and unfavourably on the decisions or actions of other parts of the council family, whether they be council controlled organisations, the governing body or other local boards.

e)      The policy has unfairly singled out “criticism” as having an electioneering tone. It is equally possible that speaking favourably about the actions or decisions of other parts of council has an electioneering tone.

f)       In par 31 and par 32, the description council communication resources and council-funded communication is too broad and needs to be defined. The use of email and social media might all be considered communication resources. The policy should only apply to official publications which could be listed or defined.  

g)      Principle 1 should recognise reasonable personal use of mobile phones provided this is declared and the cost is reimbursed. It is unreasonable and impractical to expect elected members to carry two phones. The use of a council issue mobile phone is not gaining an electoral advantage it is just a question of practicality.

14 December 2015

Howick

That the Howick Local Board:

a)      delegates the Chairman to provide feedback on the draft “Local Government Election Year Policy for Elected Members”.

14 December 2015

Rodney

That the Rodney Local Board:

a)      request that the ‘Local Government Election Year Policy for Elected Members’ document specifically address social media issues, in particular those that may arise when a social media account (e.g. Twitter) is used both for local board business and also electioneering, and request guidelines be provided and included in the policy, e.g. requiring the removal of any council logos and contact details.

15 December 2015

Franklin

That the Franklin Local Board delegate the Chairman to provide comments on the draft “Local Government Election Year Policy for Elected Members”.

 

Chairman’s comments

 

1.     A short ‘checklist’ or ‘crib sheet’ should be produced for elected members, reflecting the main requirements of the policy.  It should contain all the ‘do’s’ and ‘don’ts’, and could be in the form of frequently asked questions.  This would provide elected members an easy reference document without having to read the whole policy, enabling them to refer to things ‘at a glance’.

2.     The section of the policy entitled ‘Support staff’ should reflect that all staff will continue to provide support and advice to councillors and local board members in conducting the business of Auckland Council, not just Councillor Support Advisors and Local Board Services staff.  It should also reflect that politicians should respect the non-biased opinions that staff will continue to provide and recognise that staff are independent of the political process.

 

16 December 2015

Hibiscus and Bays

That the Hibiscus and Bays Local Board:

a)      Delegate to the Chairperson and Deputy Chairperson to provide comments on the draft “Local Government Election Year Policy for Elected Members”.

b)      Request that the ‘Local Government Election Year Policy for Elected Members’ document specifically address social media issues, in particular those that may arise when a social media account (e.g. Twitter) is used both for local board business and also electioneering, and request guidelines be provided and included in the policy, e.g. the removal of any council logos and contact details.

 

That the Hibiscus and Bays Local Board:

Supports the Election Year Policy in general as being well considered and sensible.

Application of the policy

Suggests that the policy also applies to the Independent Maori Statutory Board (IMSB) and the boards of all the Council Controlled Organisations as they should follow the same principles whether they are elected by a panel or are appointed by Auckland Council.

Complaints about breaches of the policy

Does not consider it appropriate for the Chief Executive to deal with complaints about breaches of the policy as this puts him in an invidious position. These should be dealt with by an independent and suitably qualified mediator.

Use of council resources

Requests that reasonable use of council resources, namely mobile phones and laptops is allowed, especially for receiving and responding to communications.

At the beginning of an electoral term, elected members are given the option to either take a council-provided mobile phone and laptop or to use their own private hardware and receive compensation for this use. Those who choose to take the council-provided hardware may not have a private mobile phone or computer and are therefore penalised if they are unable to use the council-provided hardware during the pre-election period whereas those who have chosen to use their own hardware and have been compensated for doing so are free to continue.

Notes that this is a difficult area as elected members are still working within their remit for the entire period and as such have their telephone number and email address advertised on the council website and associated material in the public domain.

Council communications

Requests that clarification be added to the policy around events and speaking invitations during the pre-election period which are over and above the normal routine of elected members’ attendance at events, meetings and speaking engagements.

 

28 January 2016

Waiheke

That the Waiheke Local Board:

a)      can find no legislative requirement to develop an election year policy for elected members.

b)      believes that current legislative provisions are sufficient.

28 January 2016

Manurewa

That the Manurewa Local Board:

a)      notes the draft “Local Government Election Year Policy for Elected Members”.

2 February 2016

Otara-Papatoetoe

This was discussed at a workshop.  No specific feedback.

3 February 2016

Albert-Eden

[Was discussed as an extraordinary item at board meeting and feedback is being finalised]

3 February 2016

Mangere-Otahuhu

This was discussed at a workshop.  No specific feedback.

3 February 2016

Papakura

This was discussed at a workshop.  No specific feedback.

4 February 2016

Orakei

That the Ōrākei Local Board provides the following comments on the draft “Local Government Election Year Policy for Elected Members”::

a)         The paper should be re-named ‘Guidelines’ rather than ‘Policy’ to keep it in line with the Auditor General’s Good Practice Guidelines.

b)         Paragraphs  9 and 10 - The complaints section should be relocated to follow the ‘Neutrality of Public Servants’ section as this is a procedure to be followed in the event of a complaint and is not a ‘policy’.

c)         Paragraph 14 - Requires more definition/clarification to ‘council resource’.

d)         Paragraph 15 - Requires clarification/examples.

e)         Paragraph 16 - Support.

f)          Paragraph 17 - Support in principle but request clarification on the definition of major policy and significant decisions.

g)         Paragraph 18 - Require clarification on what this paragraph means, in particular, the use of the word ‘limited’.

h)         Paragraph 19 - Support.

i)          Paragraph 20 - The definition of council resources require further clarification and the Board recommends the deletion of the second sentence.

j)          Paragraph 21 – The definition of resources requires more clarity. The Board supports the use of personal resources for elections.

k)         Paragraph 22 - All current Orakei Local Board members have personal mobile/telephones and computers/laptops.

l)          Paragraph 23 - Support.

m)        Paragraphs 24, 25 and 26 - Support.

n)         Paragraphs 27, 28 and 29 – Supports, noting that all current Orakei Local Board members have personal  email addresses.  Also paragraph 28 incorrectly spells the word ‘stationery’.

o)         Paragraph 30 – The Board requests further clarity of the definition of communication resource.

p)         Paragraph 31 – The Board believes that fair comment or fact based rebuttal should be allowed in council funded communications.

q)         Paragraph 32 – The Board believes that a polite statement that the local board view differed from the decision of the CCO or GB level is acceptable.

r)         Paragraph 35 - The Board requests clarification around whether invitations to events and speaking engagements is viable.

s)         Paragraph 36 – Support.

t)          Paragraph 37 – Photographs of individual elected members and content authored by individual elected members in council publications and advertising should be suspended during the election period but photos and content of full board team should be allowed.

u)         Paragraphs 38 and 39 - Support.

v)         Paragraphs 40, 41 and 42 – The Board seeks clarification that Elected Members rights will not be curtailed by staff in the administration of this policy e.g.  Does this mean that legitimate requests made in accordance with legislation will not be responded to, which means that elected members will have fewer democratic rights than "ordinary" non-elected citizens (but may include aspiring candidates)? Is this compatible with New Zealand Bill of Rights Act 1990?

w)        Paragraphs 44, 45 and 46 - The definitions in these paragraphs should be relocated to prior to the summary.

x)         Paragraphs 13 and 14 - The words "an equal opportunity to be elected" used in the summary and at paragraphs 13 and 14, purport to refer to a principle in section 4 the Local Electoral Act 2001 (see notes relating to paras 3 and 13 in the paper) and appear to be a basis of this "Policy" that "sitting members should not have an electoral advantage" (para 3). The context in which these words are used in section 4 (1)(b) is: "all qualified persons have a reasonable and equal opportunity - (i) to cast an informed vote: (ii) nominate 1 or more candidates: (iii) accept nomination as a candidate:".   There is nothing about sitting members having an electoral advantage. This section 4 sets out principles that the Act is designed to implement; (a) of which, is "fair and effective representation for individuals and communities:". It is stretching the point that the section implies "sitting members should not have an electoral advantage". I think the report's author and the authorisers should be asked for an explanation and OLB members should look up the legislation too. If one of the "Policy's" foundations is incorrect then the substance of the "Policy" relating to that "principle" fails. 

y)         Paragraph 46. This policy should not take effect until one week after local board nominations close and/or the time at which the electoral officer confirms nominations noting that the reference to section 104 of the Local Electoral Act 2001 only relates to apportionment of electoral expenses.

z)         FAQ’s - could probably be more which would clarify some of the questions above.

 

4 February 2016

Henderson-Massey

That the Henderson-Massey Local Board:

a)            Supports the draft “Local Government Election Year Policy for Elected Members”.

9 February 2016

Waitemata

 

9 February 2016

Upper Harbour

That the Upper Harbour Local Board:

a)         provide the following feedback on the draft Local Government Election Year Policy for Elected Members, noting that comment is required prior to the Governing Body meeting on 18 February 2016:

i)    request clarity within the policy around the rules of hoarding dimensions, erection and removal time periods, and how the rules will be consistently enforced

9 February 2016

Maungakiekie-Tamaki

That the Maungakiekie-Tamaki Local Board:

a)    Supports the Auckland Council Local Government Election Year Policy for Elected Members.

10 February 2016

Kaipatiki

 

10 February 2016

Gt Barrier Island

 

10 February 2016

Puketapapa

 

16 February 2016

Devonport-Takapuna

 

 


Governing Body

18 February 2016

 

 

Memorial on the centenary of World War One

 

File No.: CP2016/01728

 

  

 

Purpose

1.      To provide with an update on progress with the WWI Centenary Memorial project proposed for Auckland Domain.

Executive Summary

2.      This report provides background information to support the Governing Body in considering a future recommendation from the WWI Steering Group regarding a memorial at Auckland Domain.  A recommendation from the WWI Steering Group will be circulated under separate cover as part of the confidential agenda for this meeting.

 

Recommendation

That the Governing Body:

a)         receive the update on progress with the WWI Centenary Memorial project proposed             for Auckland Domain.

 

 

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 Request for Expressions of Interest (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 all.

5.      Fifteen 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 (RFP).

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 22 December 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 WWI Centenary Memorial 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’

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

12.    At the time of writing this report the WWI Centenary Memorial Working Party are in the process of discussing the project with stakeholders who have provided strong feedback on the designs and process and have requested an opportunity to discuss the project prior to Council making a decision. 

13.    A confidential report will be circulated 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 hui was held on 27 October 2015.

 

Attachments

There are no attachments for this report.     

Signatories

Author

Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Stephen Town - Chief Executive

      

 


Governing Body

18 February 2016

 

 

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

 

That the Governing Body:

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

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

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

 

C1       WW1 Centenary Memorial

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)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains recommendations regarding preferred consortiums.

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]    “Good Practice for Managing Public Communications by Local Authorities” (Office of the Auditor-General).

[2]    Auckland Council Code of Conduct: Elected Members, para 7.9.3

[3]    Principle 12, “Good Practice for Managing Public Communications by Local Authorities” (Office of the Auditor-General).

[4]      Elected Members Expense Policy 1 October 2014, v 2.2 para 57.

[5]      Principle 12, “Good Practice for Managing Public Communications by Local Authorities” (Office of the Auditor-General).  An intent of this section is to avoid elected members who are candidates using council funded communications as part of their campaign, whereas other candidates have to use their own resources.

[6]    Statutory requirements for communications, such as the requirement to publish an Annual Report, will be managed to ensure existing members do not receive an electoral advantage.  See para 4.52 “Good Practice for Managing Public Communications by Local Authorities”, Auditor-General.

[7]    Adapted from Local Electoral Act 2001,section 104.

[8]    Local Electoral Act 2001, section 104.