Agenda of Kaipātiki Local Board

Kaipātiki Local Board area

Kaipātiki Local Board Members

	Kay McIntyre QSM Chairperson Ph 09 484 8383 DDI 09 484 8987 Mobile 021 287 8844 kay.mcintyre@aucklandcouncil.govt.nz Portfolios: · Finance – lead · Planning, policy and governance – lead · Built environment, streetscapes and urban design – associate		Ann Hartley JP Deputy Chairperson Mob 027 490 6909 Office 09 484 8383 Home 09 483 7572 ann.hartley@aucklandcouncil.govt.nz Portfolios: · Community Development and Facilities – lead · Sport, recreation services and parks (active) – lead · Regulatory, bylaws and compliance – lead · Parks and playgrounds (passive) – associate · Planning, policy and governance – associate
	Danielle Grant Local Board Member Mob 021 835 724 Office 09 484 8383 Home 09 442 1271 danielle.grant@aucklandcouncil.govt.nz Portfolios: · Arts, culture and events – lead · Economic development – lead · Natural environment – associate		Grant Gillon MPP, PhD Local Board Member Mob 027 476 4679 Office 09 484 8383 grant.gillon@aucklandcouncil.govt.nz Portfolios: · Natural environment – lead · Libraries – associate
	John Gillon Local Board Member Mob 021 286 2288 Office 09 484 8383 Home 09 443 1683 john.gillon@aucklandcouncil.govt.nz Portfolios: · Libraries – lead · Parks and playgrounds (passive) – lead · Civil defence and emergency management – associate		Lindsay Waugh Local Board Member Mob 021 287 1155 Office 09 484 8383 Home 09 418 1620 lindsay.waugh@aucklandcouncil.govt.nz Portfolios: · Built environment, streetscapes and urban design – lead · Arts, culture and events – associate · Transport and infrastructure – associate
	Lorene Pigg Local Board Member Mob 021 839 375 Office 09 484 8383 lorene.pigg@aucklandcouncil.govt.nz Portfolios: · Civil defence and emergency management – lead · Finance – associate · Regulatory, bylaws and compliance – associate · Sport, recreation services and parks (active) – associate		Richard Hills Local Board Member Mob 021 286 4411 Office 09 484 8383 richard.hills@aucklandcouncil.govt.nz Portfolios: · Transport and infrastructure – lead · Community Development and Facilities – associate · Economic development – associate

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 Kaipātiki Local Board:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 9 March 2016 as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Kaipātiki 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.

Kaipātiki Local Board

13 April 2016

Additional funding requirements for Kaipātiki Community houses

File No.: CP2016/05916

Purpose

1. The purpose of this report is to outline the findings of a review of the Kaipātiki community houses and to seek approval for funding from the boards locally driven initiatives (LDI) budget to strengthen both the operations of community houses and their programmes.

Executive Summary

2. In November 2015, following consultation with local board members, council’s Arts, Community and Events department (ACE) commissioned a review of the Kaipātiki community houses. The local board noted a significant variation in existing funding levels for community centres and houses across Auckland, and desired to determine what an appropriate level of funding should be to assure the success of the houses within its area.

3. Council engaged John Duthie of Tattico to provide an independent review on funding requirements for the five houses/centres within the Kaipātiki Local Board area and to determine the appropriate level of council funding for these operations. A more in-depth review of the Birkdale Beach Haven Community Project (BBCP) was also commissioned to address the on-going concerns of the governance and stability of the Birkdale and Beach Haven houses.

4. The review highlights the differing financial needs of each house and the varying potential to develop additional revenue streams to support operating costs. It is noted that some houses have a realistic ability to hire facilities and generate additional income whilst others have no income generating facilities attached.

5. The Bayview and Glenfield centres are examples of centres that are able to operate within their current grants because the nature of their facilities enable them to successfully augment their grant with significant facilities hirage revenue. Highbury, Birkdale and Beach Haven houses, however, will need additional financial support to deliver the standard community development programmes.

6. Highbury House currently receives an annual grant of $36,633. It is recommended the local board give consideration to providing a one-off grant of $10,000 in 2015/2016, to increase the number of available staffing hours for the house. For the 2016/2017 year it is recommended that the local board give consideration to increasing the annual grant by an additional $20,000, with the focus of the annual funding clearly apportioned to enable an organisational restructure and to significantly enhance the community development programmes offered from Highbury House.

7. The Birkdale and Beach Haven community houses will need the greatest additional funding. This is the one group which does not have other appended council properties giving it the opportunity to generate additional income.

8. In a separate review of the operations for BBCP, it was noted that the houses had been through a period of significant instability and uncertainty over the last four months. This was at a governance, strategic and (to some extent) an operational level. However, there is a desire and commitment from both the BBCP board and management arms to address issues and move forward constructively. To do that, BBCP would need to go through a rejuvenation process with additional financial support from council.

9. Council currently provides an annual grant to BCCP of $69,653. It is recommended that the local board give consideration to providing a one-off grant of $40,000 in 2015/2016, to assist with the rejuvenation and community engagement exercises. For the 2016/2017 year it is recommended that the local board give consideration to increasing the annual grant by an additional $66,000, with the focus of the annual funding clearly apportioned to cover base operating costs and some targeted programmes.

10. It is noted that the local board has recently advocated to council’s governing body, expressing the view that the amount of funding made available through the asset-based services budget is insufficient to support the operation of community houses in its area. The independent review provides some evidence that the current level of funding (which may be appropriate for mature, high performing groups) is not sufficient to assure the delivery outcomes from a network of community providers, each at different stages of maturity and performance.

Recommendation/s

That the Kaipātiki Local Board:

a) provide $40,000 from its locally driven initiatives budget to strengthen Birkdale Beach Haven Community Project from its community response fund, which will enable BBCP to implement immediate recommendations as identified in the report completed by Tattico, namely:

i) undertaking community engagement on and production of a three-year business plan that will assist in determining the needs of the community and how Birkdale Beach Haven Community Project can best deliver to these;

ii) establishment of a senior project coordinator and house coordinator role in each of the two houses governed by Birkdale Beach Haven Community Project; and

iii) easing the pressure of current Birkdale Beach Haven Community Project administration to initiate the resource changes outlined in clauses i) and ii) above prior to the end of the 2015/16 financial year.

b) provide within the 2016/2017 grant allocation for Birkdale Beach Haven Community Project an additional amount of $66,000 from its locally driven initiatives budget towards base operating costs and some targeted programmes.

c) provide a one-off grant to the Highbury Community House for 2015/2016 of $10,000 from its locally driven initiatives budget for the provision of increased staffing hours.

d) provide within the 2016/2017 grant allocation for the Highbury Community House an additional amount of $20,000 from its locally driven initiatives budget to assist in organisational restructure and enhancing community development programmes.

Comments

11. In November 2015, following consultation with local board members, council’s Arts, Community and Events department (ACE) commissioned a review of the Birkdale Beach Haven Community Project (BBCP). It engaged John Duthie of Tattico to provide an independent review of the centre with a wide brief, but with a particular focus on governance, strategy and funding.

12. An additional report was completed as a result of the local board noting the variation in existing funding levels for community centres and desiring to determine what an appropriate level of council funding should be allocated to these operations.

13. Both reviews have been completed and are attached to this report (refer Attachment A and B).

The Birkdale Beach Haven Community Project (BBCP) review

14. The Birkdale Beach Haven Community Project (BBCP) is part of the long established and successful community house network operating within the Kaipātiki Local Board area. It is a community led initiative, taking a community development approach to the delivery of locally focused programmes and activities.

15. ACE staff and the independent provider attended a workshop with local board members on 25 February 2015 to outline findings and consider possible approaches. The full report and findings of this review are attached to this report.

16. There were four key initiatives identified to strengthen the work of the BBCP going forward. These are:

a) Council to appoint a part time adviser for a six month period to work alongside the BBCP board and staff to help in their implementation of the rejuvenation process.

b) BBCP to undertake a community engagement process to identify the needs in the community and ensure the BBCP aligns to these needs. This work will inform the creation of a new three year business plan for the venture.

c) BBCP to report to the Kaipātiki Local Board on a two monthly basis for the rejuvenation period, to talk through issues in progress and to present an annual report to the local board.

d) The Kaipātiki Local Board to commit adequate funding to BBCP to enable it complete the rejuvenation and community engagement exercises and to underpin the delivery of quality community development programmes to the Birkdale and Beach Haven communities.

17. Staff have considered and discounted two alternative options.

Option 1 - Council takes over direct management and operation of the community houses

18. This scenario would require time and money to put in place, and outcomes would be limited until the arrangement was well established. Whilst it is a recognised interim arrangement in some circumstances, this approach would be contrary to the local emphasis on community led delivery, and therefore may represent a step sideways rather than a step forwards.

Option 2 - The Kaipātiki Local Board provides non-financial support only

19. This scenario would achieve some of the objectives but would introduce further risk by restricting the breadth and pace of change available to BBCP.

20. It is recommended that the local board give consideration to providing a one-off grant of $40,000 in 2015/2016, to assist with the rejuvenation and community engagement exercises.

21. For the 2016/2017 year it is recommended that the local board give consideration to increasing the annual grant by an additional $66,000, with the focus of the annual funding clearly apportioned to cover base operating costs and some targeted programmes.

The Review of Highbury House, Bayview Community Centre and Glenfield Community Centre

22. There are five centres managed by four committees in the local board area as follows:-

Highbury House

23. This house administers not only community spaces but also an early childhood centre and, is long established and operates a successful programme of community activities. Currently the house is only resourced for a coordinator to work 25 hours a week.

24. It is recommended the local board give consideration to providing a one-off grant of $10,000 in 2015/2016, to increase the number of available staffing hours for the house. For the following 2016/2017 year, it is recommended that the local board give consideration to increasing the annual grant by an additional $20,000, with the focus of the annual funding clearly apportioned to enable an organisational restructure and to significantly enhance the community development programmes offered from Highbury House.

Bayview Community Centre

25. The Bayview Community Centre committee also operates a venue for community programmes and activities as well as an early childhood centre. This centre is operating successfully and it appears existing funding is adequate.

Glenfield Community Centre

26. A trust owns buildings situated on church land and subject to a lease. Well established programmes and activities for the community are provided. The trust has issues around its buildings water tightness which may cause future problems in their ability to deliver community programmes. Apart from that the existing funding appears adequate.

27. The Bayview and Glenfield centres are able to operate within their current grants because the nature of their facilities enable them to successfully augment their grant with significant facilities hirage revenue. It needs to be noted that any changes from the present operating level due to influences outside their control may result in them not being viable in future.

28. The report indicates that each of the groups have differences around property ownership, funding opportunities, extent of the space available for hire, contingency reserves and governance and management capability.

Consideration

Local board views and implications

29. Staff have been in regular discussion with local board members regarding the review of BBCP and these discussions have informed this report. Staff and the local board have also been in discussion on the funding requirements for the other centres in the local board area and is the subject of the separate report.

30. Council currently provides an annual grant to Kaipātiki community centres and houses from asset based services budgets. Additional funding contemplated in this report would need to be provided by the local board from its locally driven initiatives (LDI) budget.

31. It is noted that the local board has recently advocated to the governing body, expressing the view that the amount of funding made available through the asset based services budget is insufficient to support the operation of community houses in its area. The independent review provides some evidence that the current level of funding (which may be appropriate for mature, high performing groups) is not sufficient to assure the delivery outcomes from a network of community providers, each at different stages of maturity and performance.

Māori impact statement

32. Well-functioning and high performing centres and houses within Kaipātiki will be of benefit to all those in the community it serves, including Maori.

33. It is recommended that as part of the community engagement exercise discussed in this report on BBCP, an approach to engage with mana whenua and mataawaka, with the objective of fully understanding local needs and interests is required.

Implementation

34. Following the local board decision staff will initiate the agreed actions.

Attachments

No.	Title	Page
a View	Birkdale Beach Haven Community Project review	29
b View	Kaipātiki Community House - Centre's report	49

Signatories

Authors

Ian Alexander - Contracts and Relationships Advisor Arts, Community and Events

Authorisers

Graham Bodman - General Manager Arts, Community and Events

Eric Perry - Relationship Manager

Kaipātiki Local Board

13 April 2016

Auckland Transport Update April 2016 to the Kaipātiki Local Board

File No.: CP2016/05566

Purpose

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

Executive Summary

2. This report covers matters of interest to the Kaipātiki Local Board relating to Auckland Transport activities or the transport sector, and issues raised by members during the month of March 2016.

Recommendation/s

That the Kaipātiki Local Board:

a) receive the Auckland Transport Update April 2016.

b) request Auckland Transport implement the ideal state / option 2 cycling improvements from Downing Street to Roberts Road (Section 1) and Roberts Road to Coronation Road (Section 2), as set out in Attachment B to the report, which will be funded from the board’s Auckland Transport Capital Fund at a cost of up to $270,000.

c) request Auckland Transport investigate further options for Section 3 Coronation Road to Eskdale Road, including off road options along the reserve.

d) request Auckland Transport continue to investigate and subsequently report back on opportunities for cycling improvements from Eskdale Road to Birkenhead Avenue.

Comments

Local Board Auckland Transport Capital Fund

Glenfield Road Cycling Improvements

3. In April 2014 the board resolved (resolution number KT/2014/60) to:

a) request that consideration of the best strategic utilisation of the Local Board Transport Capital fund is given as part of the development of the Local Board Plan, to ensure that projects can be completed by 30 June 2016. This strategic utilisation should include the following priority areas:

i) Cycling and walking connections

ii) Local Neighbourhood centre/precinct improvements.

….

b) request that all projects be discussed at a workshop to develop a priority list of potential projects, which will includes but not be limited to:

i) Parkhill Road/Berne Place/Roseberry Ave speed calming measures

ii) Separated cycleways on Wairau Road

iii) Separated cycleway and walkway connections from Glenfield to Birkenhead.

4. In November 2014, the board requested that Auckland Transport progress the following projects – concept design for walking and cycleway between Birkenhead Town centre and Glenfield Town centre (Birkenhead Avenue to 450 Glenfield Road) at an estimated cost of $45,000, and authorise transport portfolio holders to approve any increase in cost/scope and report back to the board (resolution number KT/2014/221):.

5. In December 2015, the board requested (resolution number KT/2015/181):

c) iii) …to accelerate the delivery of cycling infrastructure as suggested in the Glenfield and Onewa Corridor Management Plans and the proposed Auckland Cycle Network.

6. Glenfield Road is identified as a connecter route as part of the Auckland Cycle Network. It provides access from the western suburbs of the North Shore to town centres, local centres and the city centre (via ferry and potentially in future via Skypath). Glenfield Road and Birkenhead Avenue are formed along a ridgeline. This is the most direct north-south route, and there are no feasible alternative routes for cycle facilities provision.

7. Auckland Transport (AT) has carried out a corridor management plan (CMP) investigation along Glenfield Road/ Birkenhead Avenue (between Glenfield and Birkenhead town centres). Lack of cycling provision was identified as a deficiency along the corridor.

8. The cycle lane option assessment/concepts were included as a separate body of work in the CMP investigations to fulfill the board’s resolution to investigate this issue. These investigations defined a desired future state for the Glenfield Road corridor would be to:

· Capitalise on opportunities for cycling in the short and medium term, and implement low cost quick win projects and incorporate cycle facilities into other projects on the corridor; and

· provide cycling facilities for the entire length of the Glenfield Road corridor to ensure a standard of cycling facility within the Glenfield Road corridor that allows more less experienced and vulnerable cyclists to be able to cycle as a safe and viable means of transport. Glenfield Road should be well connected and integrated corridor with appropriate cycle provisions that support the greater cycle network.

9. Cycling improvements along Glenfield Road are unlikely to go ahead as part of a usual AT workstream, as there are likely to be numerous other higher priority projects. Therefore, any cycling improvements would need to be funded from the board’s Transport Capital Fund.

10. Three options were developed to improve cycling safety on Glenfield Road. These are:

· Section 1 Downing Street to Roberts Road;

· Section 2 Roberts Road to Coronation Road; and

· Section 3 Coronation Road to Eskdale Road.

11. For each section a low cost option and an ideal state option were developed. These options are set out in more detail in Attachment B. Both the low cost and ideal state options will improve provisions for cyclists and increase safety. The ideal state provides more separated cycleways than does the low cost option, but also has greater impacts on road parking. The indicative costs of each option are set out below, however further design work is required for each option that will allow the indicative costs to be more accurately assessed:

12. The outcomes of the technical investigation were presented to the board at a workshop on 24 February 2016, where AT was asked to work with the transport portfolio holders to identify projects the board would like to see progressed.

13. At the transport portfolio meeting held on 14 March 2016, the CMP interim cycling improvements (refer Attachment B) were considered, and it was requested that the projects should be progressed in the same order of Sections 1, 2 and 3 as indicated in the extent of works as outlined in Attachment B. This approach builds on already implemented projects as well as future planned intersection upgrades. With the ideal state options, public consultation will be necessary as part of the project development.

14. Portfolio members felt that Section 3 should be reconsidered and that more options be investigated, including off road and possible access along the reserve frontage.

15. Whilst the majority of the current funding from the Local Board Transport Capital Fund is already committed this triennium, the board still has an amount of $400,787 unallocated from its 2016/17 allocation (refer Attachment C).

Consideration

Local Board views and implications

16. The Kaipātiki Local Board has been consulted, and this report reflects the views indicated at the workshop as clarified by the board’s transport portfolio holders.

Māori impact statement

17. No specific issues with regard to Maori are triggered by this report.

General

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

Implementation

19. The next stage of the Downing Street – Roberts Road and Roberts Road – Coronation Road projects will be further development of the proposals together with pubic consultation. After this has been completed, the projects will be reported to the board so that a final decision on implementation can be taken. With respect to the Coronation Road – Eskdale Road section, further options will be reported to the board in due course.

Attachments

No.	Title	Page
a View	Kaipātiki Issues list	65
b View	Glenfield Road Corridor Management Plan – Interim Cycling Improvements	71
c View	Local Board Transport Capital Fund - Financial Update For Local Board	109

Signatories

Authors

Marilyn Nicholls, Elected Member Relationship Manager, Auckland Transport

Authorisers

Jonathan Anyon, Elected Member Relationship Team Manager, Auckland Transport

Eric Perry - Relationship Manager

Kaipātiki Local Board

13 April 2016

Local Board Services Quarterly Report

File No.: CP2016/06212

Purpose

1. The purpose of this report is to update the Kaipātiki Local Board on various council activities impacting on the achievement of Kaipātiki Local Board Plan outcomes.

Executive Summary

2. This is the Local Board Services quarterly report for the third quarter of the 2015/2016 financial year.

3. This report provides updates structured around the Local Board Plan outcomes, namely:

· Proud, positive communities that embrace the diversity of Kaipātiki;

· Green open spaces and environments that enable active and healthy lifestyles and protect our natural heritage;

· Vibrant town and village centres and a thriving local economy; and

· Community facilities, assets and services that are high quality, well managed and meet our communities’ needs.

4. This report provides high level updates only against initiatives that are currently being progressed. More detailed operational performance and finance information is contained within the Quarterly Performance Report, which is expected to be presented at the board’s May 2016 business meeting.

5. An update of local board activities during March 2016 is also provided in this report.

Recommendation/s

That the Kaipātiki Local Board:

a) receive the Local Board Services Quarterly report.

b) approve the Kaipātiki Secondary Schools Scholarship Scheme continuing for the 2016 and 2017 calendar year, offered to the four secondary schools in the Kaipātiki area, namely Birkenhead College, Glenfield College, Hato Petera College and Northcote College, under the following criteria:

i) Value - $2000 per school;

ii) Criteria – For the student(s)’ contribution to the wider community;

iii) Purpose – As a contribution to further academic or trades training costs;

iv) Selection - The selection of the student(s) receiving the scholarship is the responsibility of each individual school; and

v) Selection - The scholarship can be split between two or more students at each school’s discretion.

c) request the remaining $6,000 Urbanesia event budget in the 2015/2016 work programme be re-allocated to the Urbanesia event in the 2016/2017 work programme.

d) nominate a member for each of the following roles at the forthcoming Australia and New Zealand Army Corps Day services:

i) Birkenhead 10.00am – Master of Ceremonies, welcome and a wreath layer.

ii) Northcote 10.45am – Master of Ceremonies, welcome and a wreath layer.

iii) Glenfield 11.30am – Welcome, reading of the Australia and New Zealand Army Corps Day Dedication and a wreath layer.

e) endorse the board's feedback (Attachment D to the agenda report) on the Business Improvement District Policy (2016) for the Regional Strategy and Policy Committee to consider.

f) endorse the board's feedback (Attachment E to the agenda report) to the New Zealand Transport Agency on the SeaPath project.

g) consider providing formal feedback on the Auckland Transport trial regional signage installed in the Northcote Town Centre.

Comments

Local Board Plan outcome quarterly update

██ Proud, positive communities that embrace the diversity of Kaipātiki

Develop a community-led youth facility

6. At its February 2016 business meeting, the local board considered the developed design for the youth focussed facility to be established in Marlborough Park. The developed design incorporated input from community workshops and potential users of the facility.

7. The developed design provides the space and flexibility to enable the operation of a multi-purpose youth facility whilst maintaining and enhancing general community use. It retained the existing hall, significantly improved the kitchen and toilet areas, provided better accessibility to the building and links to the reserve.

8. The board approved the developed design and approved the project proceeding to tender and construction, subject to the project being able to be delivered within the available budget (resolution number KT/2016/21).

9. An indicative construction timeframe for the project was provided at the meeting as below:

Detailed design, consenting and tender documentation	April 2016
Tender closing	May 2016
Tender evaluation and awarding tender	June 2016
Construction beginning	June 2016
Construction completion	October 2016

10. The expression of interest process for management of the youth focussed facility has also progressed. The advertisements were open from early March 2016 and will close on 8 April 2016. The submissions received will then be evaluated with a report expected to be presented to the board at its June 2016 business meeting.

Our communities enjoy a wide variety of local events that celebrate our place, our people and our diversity

11. The Kaipātiki Summer Fun programme, which is delivered by the Kaipātiki Community Facilities Trust (KCFT), concluded on 31 March 2016. The Families in Parks, Imagination Playground and Preschool Play events were run most days of the week in parks throughout Kaipātiki. KCFT also successfully trialled two Cardboard Box-at-Play days, which received responses from the local families saying they would like to see more of these types of activities within the programme.

12. The Kaipātiki Movies programme 2015/2016, which is also delivered by KCFT, concluded on 2 April 2016 with ‘The Mighty Ducks’ showing at Lynn Reserve.

Integrate public art into key infrastructure projects

13. Construction of the artist-led park development at Zion Hill is due for completion mid-April 2016. The first stage of this development includes the removal of shrubbery to open up views into the park, whilst celebrating the existing native kauri and cabbage trees, construction of hard infrastructure such as the intersecting pathways, concrete walls and seating, and soft landscaping such as the grass turf and low planting.

14. The Croftfield Lane wetland reconstruction is currently underway and is expected to be completed in June 2016. As well as integrating artistic elements into the landscape infrastructure, council’s public art team will install a sculpture into the area once construction is completed.

Funding for our communities

15. Round three of the Kaipātiki Quick Response Grant scheme closed on 12 February 2016, and the board considered the applications at its March 2016 business meeting. Applications to this scheme can request a maximum of $500. The board received eight applications, seeking a total of $4,954. Seven of the applications were successful and a total of $3,262 was allocated. A deferred application from Northart was also considered, and was successfully awarded $667.

16. The second of two Kaipātiki Local Grant rounds opened for applications from 9 February 2016 and closed on 18 March 2016. The board is expected to consider these applications at its May 2016 business meeting.

██ Green open spaces and environments that enable active and healthy lifestyles and

protect our natural heritage

Implement the Kaipātiki Network Connections plan

17. At its November 2015 business meeting, the local board approved the Kaipātiki Network Connection Plan projects to be completed as part of the 2015/2016 Parks work programme. The local board also agreed to a review of the plan to consider developments that have occurred since the plan’s adoption in 2012.

18. The findings from the review of the 2012 Kaipātiki Network Connections Plan will inform work programme priorities for the 2016/2017 financial year onwards. The review is currently underway and a community session is scheduled for the evening of 4 April 2016 at the premises of KCFT.

19. Renewed entrance and directional signage has begun to be installed across 20 of Kaipātiki parks, many of which are priorities in the Kaipātiki Network Connections plan.

Developing 136 Birkdale Road

20. At its March 2016 business meeting, the local board considered a change in scope to stage one development of 136 Birkdale Road. Since the approval of the masterplan, the North Shore Resource Centre has been granted a lease of a facility elsewhere in Kaipātiki, therefore releasing the site at the northern frontage of the property, and the Parks department were unable to secure the shortfall required to complete the agreed aspects of the plan.

21. The board approved to amend the scope of works to replace the development of the community garden (priority 4) with the development of the entrance plaza (priority 2). The cost estimate to complete the amended scope for stage one now matches the budget available.

22. The business case has been updated to include the amended scope and will be handed over to community facilities for delivery. The majority of the budget for construction sits in the 2016/2017 financial year.

██ Vibrant town and village centres and a thriving local economy

Improve the main street and develop a bush gateway and lookout on Birkenhead Avenue

23. Kaimataara o Wai Manawa, the lookout component of the Birkenhead transformation project, is currently under construction. Work completed this quarter included the placement of structural steel and installing the timber and concrete decking. The project is on track to be completed in July 2016.

24. At its February 2016 business meeting, the local board approved a lease to a local operator for the new café that is part of Kaimataara o Wai Manawa. The timing of this decision aimed to enable a co-ordinated fit-out of the café; so both lookout and café can open simultaneously.

25. Cultural design elements to be incorporated into Kaimataara o Wai Manawa are under development by mana whenua artist Reuben Kirkwood.

26. Stage one projects of the main street improvement, namely the Rawene Road car park upgrade, extension to the Mokoia Road bus stop and the western entrance on Mokoia Road, commenced construction in January 2016. The crossing from Rawene Road car park to Birkenhead Library and the Mokoia Road bus stop extension have been completed. The western entrance on Mokoia Road and further improvements to the Rawene Road car park, including the development of a pedestrian link from Rawene Road to Mokoia Road, are under construction. Stage one of the main street improvements are scheduled to be completed by May 2016.

27. At the February 2016 Finance and Performance Committee meeting, the Birkenhead parking fund reserve was considered. The Finance and Performance Committee supported the local board position and agreed for allocation of the reserve, totalling $470,154, to the Rawene Road car park upgrade project. The allocation of this funding will help address any potential shortfall of stage two of the main street improvement; namely the Highbury corner development.

Northcote town centre builds its identity as a vibrant and multicultural hub and connects to adjoining suburbs and housing through the greenway

28. Panuku Development Auckland (Panuku) attended a workshop on 3 February 2016 to present the aims and outcomes of a draft high level project plan (HLPP) for Northcote Town Centre.

29. At the March 2016 Auckland Development Committee meeting, the HLPP for Northcote Town Centre was considered. The Chairperson was in attendance and spoke to the item. The Auckland Development Committee endorsed the HLPP and the proposed outcomes, including the planning and development process that underpins the approach set out in that plan. Panuku intends to develop a Northcote Framework Plan to guide development. This plan is expected to be completed by September 2016.

Work with ethnic and migrant-owned businesses to develop and support their business offerings in Kaipātiki

30. Auckland Tourism, Events and Economic Development (ATEED) have continued building relationships with migrant owned businesses in Northcote, with the support of Raeburn House and the Kaipātiki Strategic Broker.

31. The project plan for business clinics and drop in advice sessions has been created. There will be four separate events, two language specific seminars featuring speakers from Inland Revenue, ATEED, and Auckland Council food safety, health and safety and compliance officers. Seminars and materials will be in multiple languages (Mandarin, Korean and English). The seminars will be followed by two ‘clinic’ sessions where individual business owners can book time with presenters to discuss issues in more depth. The first session will be delivered on 13 April.

██ Community facilities, assets and services that are high quality, well managed and meet our communities’ needs.

Our libraries meet the needs of our people through their role as community hubs. They provide a combination of information, books, study space, internet and computer access and wider digital services

32. Birkenhead Library is working on implementing more community-led programmes. Examples include the Knitwits group and Code Club. The Makerspace programme and digital drop-in sessions, delivered by library staff, have also been very popular. Participation in the Wriggle and Rhyme programme is continually growing, and another session has been added to cope with the increased numbers.

33. Glenfield Library is one of three libraries piloting a “school readiness programme”. This is aimed at pre-schoolers and their families who would not normally engage with libraries. It aims to work collaboratively with partners in the community to achieve positive outcomes for these children. Library staff will shortly undergo training as the programme becomes established.

Locally Driven Initiatives (LDI) financial update

34. With one quarter of the financial year remaining, the unspent operational Locally Driven Initiatives (LDI) budget yet to be allocated to specific activities totals $406,368. The detail on how this figure is comprised is provided in the table below. A significant portion of the unallocated budget is within the board’s community and events grants project line. The local board will consider applications for these funds in May 2016.

Project	Budget	Allocated	Remaining Budget
Local community and events grants	361,000	132,632	228,368
Community response fund	105,000	-	105,000
Parks response fund	6,000	-	6,000
Environmental response fund	16,000	10,000	6,000
Economic development initiatives	70,000	19,000	51,000
Planning and development response fund	30,000	20,000	10,000
TOTAL	588,000	181,632	406,368

Action item reports

35. Attached to this report (at Attachments A, B, and C) are action items from previous meetings of the local board, reported on in the following categories:

· Complete (actions completed);

· Pending (yet to be completed); and

· Watching brief (actions requiring oversight but not yet due for completion).

36. Any actions marked as completed or closed will be moved from the current schedule on receipt of this report by the board.

Monthly update

37. A number of Kaipātiki Local Board workshops and portfolio briefings were held in March 2016. Records of these meetings are attached to separate reports on this agenda.

38. The following cluster/regional workshops took place in March 2016:

· Local Boards Invitation to Mahi Takitini – Oranga Taiao: Working together for a sustainable environment hui – 7 March 2016;

· Unitary Plan Committee meeting – 8 March 2016;

· Northern Busway meeting – 9 March 2016;

· Auckland Development Committee meeting – 10 March 2016;

· North Transport for Future Urban Growth – 10 March 2016;

· Transport for Future Urban Growth – 14 March 2016;

· 41st Polyfest Powhiri – 16 March 2016;

· Auckland Development Committee meeting – 16 March 2016;

· Briefing on new Health & Safety at Work Act 2015 – 18 March 2016;

· Elected Members Professional Development – Social Media forum – 18 March 2016;

· Local Government Excellence Programme Local Government New Zealand (LGNZ) briefing – 21 March 2016;

· Auckland Development Committee extraordinary meeting – 22 March 2016;

· Alternative Financing Sources – 23 March 2016; and

· Greenways Projects briefing – 31 March 2016.

39. The board’s next workshops are scheduled for 20 and 27 April 2016.

Community Development and Facilities

Kaipātiki Secondary Schools Scholarship

40. At its October 2015 meeting, the board established a Kaipātiki Secondary Schools Scholarship Scheme (the board’s scholarship scheme) for the 2015 calendar year. The board scholarship was offered to all four secondary schools in the area, namely Birkenhead College, Glenfield College, Hato Petera College and Northcote College, and accepted by three of them. The board also asked that the board’s scholarship scheme be considered as part of the wider review of the board’s future grants programme (resolution number KT/2015/152).

41. The original North Shore Secondary Schools Scholarship scheme was established in 1992 with a value of $1000. This amount has not been increased since establishment. The criteria for the scholarship and its purpose have, however, varied over the years.

42. It is suggested that for the 2016 and 2017 calendar years, the following criteria be set for the board scholarship scheme:

Factor	Recommendation	Comment
Duration	2016 and 2017 calendar years	This aligns with the local board plan time frame, and the incoming board can review the scholarship as part of development of the next local board plan.
Value	Increase the scholarship amount to $2000.	This brings the scholarship back to its original purchasing power and provides some inflation future proofing.
Criteria for the scholarship	For the student(s) contribution to the wider community.	This provides the best alignment with the local board plan. It also eliminates academic achievement as a factor. All students, no matter what their academic ability, are able to contribute to the wider community.
Purpose to which the scholarship funds can be put	As contribution to further academic study or trades training / tools of trade.	This aligns to the Auckland Plan objective of increasing the prospects of our children and young people, and reflects the reality that not all young people are academically motivated.
Selection by school of recipients	Selection of the recipient(s) by the individual schools.	Selection by the schools removes any potential criticism that the board is favouring particular individuals known to board members.
Splitting the award between two students	Explicitly allow the individual schools to split the scholarship between two or more students	This will give each school the flexibility to reward more than one student.

Arts, Culture and Events

Urbanesia

43. Urbanesia is a regional arts event celebrating Auckland’s contemporary Pasifika arts and culture at a number of venues across Auckland. In July 2015, the board allocated $10,000 to support the creation of an Urbanesia festival hub village in the Northcote Town Centre. The event was scheduled for November 2015; however due to inclement weather, the Northcote events were cancelled at the last minute. A total of $6000 of the board’s original contribution is able to be re-allocated.

44. The remaining $6000 could be reallocated to an alternative project this financial year or, due to the reasons for the Northcote Urbanesia event’s cancellation, this funding is able to be carried over to the 2016/17 financial year, provided the board allocates the funding for the same purpose. Because of the timing of this decision, it is impractical to plan and deliver a quality event prior to the end of the financial year. It is therefore recommended that the board resolve to request the $6000 is transferred to the Arts and Culture Events line for the 2016/17 draft work programme.

45. The current iteration of the Arts, Culture and Events’ proposed board work programme has a line item of $10,000 for an arts and culture event, but the actual event has yet to be specified. Urbanesia is a regional programme funded for three years, and the festival is scheduled to take place again in November 2016. A further Northcote Urbanesia Hub Village in 2016 may require use of a portion of the $10,000 in addition to the $6000 to be carried forward. This will be determined when the 2016/2017 work programmes are agreed.

Australia and New Zealand Army Corps (ANZAC) Day Services 2016

46. Support from board members for this year’s Australia and New Zealand Army Corps (ANZAC) Day Services is outlined below:

· Birkenhead 10.00am - Master of Ceremonies, welcome and a wreath layer.

· Northcote 10.45am - Master of Ceremonies, welcome and a wreath layer.

· Glenfield 11.30am – Welcome, reading of the ANZAC Day Dedication and a wreath layer.

47. This report recommends that members are allocated to each of the roles as outlined above.

Policy and Planning

Business Improvement District (BID) Policy 2016 feedback

48. At its 9 March 2016 meeting, the board delegated the Economic Development portfolio lead to compile the board’s feedback on the draft Business Improvement District (BID) Policy in consultation with the Chairperson and Members Lorene Pigg and Lindsay Waugh (resolution number KT/2016/13). It was noted at this meeting that the final board feedback would be submitted by the deadline of 31 March 2016 and presented to the board at this business meeting for retrospective endorsement (refer Attachment D).

SeaPath feedback

49. The New Zealand Transport Agency (NZTA) are proposing a walking and cycling path between Northcote Point and Esmonde Road, currently called SeaPath. This will provide an immediate connection between the Northern Busway and the Northcote ferry service, along with other walking and cycling routes in the area. NZTA presented the current proposals to the board at a workshop on 16 March 2016. NZTA are currently consulting the wider public on the project with submissions closing on 29 April 2016.

50. Following the March workshop, feedback from board members has been complied into a submission to the NZTA (refer Attachment E). The board is asked to endorse this feedback so that it may be submitted to NZTA by 29 April 2016.

Regional Signage Project

51. Auckland Transport have been developing a proposed regional signage standard for all signage across the Auckland Region. This project is designed to increase the legibility and utility of signage across the region. A uniform approach to signage will help way finding for Aucklanders and visitors when navigating in an unfamiliar area.

52. Part of the development of the regional signage involves trial installation in a number of areas, one of which is Northcote Town Centre (signage is also being trialled in New Lynn, Matiatia Ferry Terminal Waiheke Island and is being completed in the Wynyard Quarter). The board received a briefing on the project from Auckland Transport in 2015 and the issue has also been discussed at the transport portfolio briefings. Installation of the trial regional signage has been completed in the Northcote Town Centre. Auckland Transport are inviting feedback on the trial signage. Feedback is due by 5pm on Friday 29 April 2016.

Consideration

Local board views and implications

53. The report is presented for the local board’s information; hence the subject matter contains no identifiable implications for the board.

Māori impact statement

54. Mana whenua have been engaged in the Development Programme Office projects referred to in this report. In particular, mana whenua have been engaged in the naming and cultural design elements of Kaimataara o Wai Manawa.

55. The Kaipātiki Local Board gave consideration to Māori outcomes throughout the development of the Kaipātiki Local Board Plan; consequently the implementation of the Plan has the potential to contribute to positive outcomes for Māori.

Implementation

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

Attachments

No.	Title	Page
a View	Action Item Sheet - Completed Q3 FY16	121
b View	Action Item Sheet - Pending Q3 FY16	125
c View	Action Item Sheet - Watching Brief Q3 FY16	133
d View	Feedback on the BID Policy	135
e View	Feedback on the NZTA SeaPath Project	139

Signatories

Authors	Paul Edwards - Senior Local Board Advisor - Kaipātiki
Authorisers	Eric Perry - Relationship Manager

Kaipātiki Local Board

13 April 2016

Local Government New Zealand 2016 Annual General Meeting and Conference

File No.: CP2016/05572

Purpose

1. To inform local boards about the Local Government New Zealand (LGNZ) Annual General Meeting (AGM) and conference in Dunedin from Sunday 24 July 2016 to Tuesday 26 July 2016, and to invite local boards to nominate a representative to attend as relevant.

Executive Summary

2. The LGNZ annual conference and AGM will take place at the Dunedin Centre from Sunday 24 to Tuesday 26 July 2016.

3. The AGM will take place on the first day of the conference. Auckland Council is entitled to four official delegates at the AGM, one of whom is the presiding (or voting) delegate. The governing body will consider this at their meeting on 31 March 2016. The four official delegates are likely to be the Mayor as a member of the LGNZ National Council (or his nominee), the Deputy Mayor as the Mayor’s alternate for this position, Cr Webster as chair LGNZ Zone One and a member of LGNZ National Council, and the Chief Executive.

4. In addition to the official delegates, local board members are invited to attend. Local boards should consider the relevance of the conference programme when deciding on attendance, with the expectation that no board will approve more than one member to attend the conference.

Recommendation/s

That the Kaipātiki Local Board:

a) nominates a representative to attend the Local Government New Zealand 2016 Annual General Meeting and Conference from Sunday 24 July 2016 to Tuesday 26 July 2016 on the basis that the conference programme is relevant to the local board’s work programme.

b) confirms that conference attendance including travel and accommodation will be paid for in accordance with the current Auckland Council Elected Member Expense Policy.

Comments

5. The 2016 LGNZ Conference and AGM are being held in Dunedin. The conference commences with the AGM at 1pm on Sunday 24 July 2016 and concludes at 12.45 pm on Tuesday 26 July 2016.

6. The theme of this year’s conference is “Creating places where people love to live, work and play”. The programme includes:

· Greg Doone, Director at PWC will provide a future vision on New Zealand's communities, taking a look at demographic, social, technological, economic and environmental trends;

· Troy Pickard, President of the Australian Local Government Association and Mayor of Joondalup, Perth will cover a broad perspective on key global issues for future generations in Australia and beyond;

· Vaughan Payne, CEO, Waikato Regional Council; Brian Hanna, Mayor, Waitomo District Council; Damon Odey, Mayor, Timaru District Council; Dame Margaret Bazley, Commissioner, Environment Canterbury and Jim Palmer, Chair of the Canterbury Chief Executives Forum will describe their stories of collaboration and how their approaches are aiding "place-making" for their regions and providing a platform for regional economic development;

· Jason Krupp, Research Fellow, The New Zealand Initiative will focus on the example of Manchester City Council and how it combined with its neighbouring authorities to strengthen its leadership, governance and capacity to partner with central government. This session will involve video interviews with leaders of Manchester City Council;

· Peter Kageyama, an author and international thought leader will offer a fresh and innovative perspective around what engagement is going to look like in the future and how we can better engage with our communities, and tell our stories to build a sense of place;

· Andrew Little, Leader of the Opposition, will discuss the importance of regional New Zealand and local government to the wider economy, and the challenges we will face as the future of work changes;

· Lawrence Yule, President of LGNZ and Jonathan Salter, Partner at Simpson Grierson will provide a fresh approach on resource management;

· Lieutenant General Tim Keating, Chief of Defence Force will offer a personal perspective of what he believes makes for a successful leader;

· Jeb Brugmann, Founder of ICLEI, Local Governments for Sustainability and Managing Partner of The Next Practice will take an over-arching look at resilience and how we can build strong towns, cities and regions of the future; and

· Sir Mark Solomon, Kaiwhakahaere of Ngai Tahu will discuss the value achieved when councils build strong local partnerships within their towns, cities and regions. In particular, Sir Mark will discuss his view on the significance of relationships between iwi and local government.

7. The programme also includes six master class sessions:

· customer-centric services and innovative engagement - how community leaders can be intentional about creating a more emotionally engaging place;

· special economic zones – what are they and can they help regional New Zealand;

· collaborative processes and decision-making;

· resilient towns, cities and regions – creating places for the future; and

· risk management and infrastructure.

8. Local boards should consider the relevance of the programme when deciding on conference attendance, with the expectation that no local board will approve more than one member to attend the conference.

Annual General Meeting

9. The AGM takes place on the first day of the conference. Auckland Council is entitled to have four delegates to the AGM, one of whom is the presiding (or voting) delegate. The four official delegates are likely to be the Mayor (or his nominee), the Deputy Mayor, Councillor Penny Webster (as Chair of Zone 1) and the Chief Executive (or his nominee).

10. The Mayor is a member of the LGNZ National Council, the Deputy Mayor is the Mayor’s alternate for this position, Cr Webster is the chair of LGNZ Zone One and a member of LGNZ National Council. The governing body will consider an item on AGM attendance at their meeting on 31 March 2016.

11. LGNZ request that local board members who wish to attend the AGM, register their intention prior to the AGM.

Costs

12. The Local Board Services department budget will cover the costs of one member per local board to attend the conference.

13. Registration fees are $1410 including GST before 1 June 2016 and $1510 including GST after that. Full conference registration includes:

· attendance at conference business sessions (Sunday-Tuesday);

· satchel and contents;

· daily catering;

· Simpson Grierson welcome cocktail function;

· Fulton Hogan conference dinner and EXCELLENCE Awards function; and

· closing lunch and refreshments.

14. The council hosted tours on Sunday 24 July 2016 are not included in the conference price. Local board members are welcome to attend these at their own cost.

15. Additional costs are approximately $155 per night accommodation, plus travel. Local Board Services will be co-ordinating and booking all registrations and accommodation, and investigating cost effective travel.

Consideration

Local board views and implications

16. This is a report to all 21 local boards.

Māori impact statement

17. The LGNZ conference will better inform local boards and thereby support their decision making for their communities including Maori.

Implementation

18. There are no implementation issues associated with the recommendations in this report.

Attachments

No.	Title	Page
a View	LGNZ 2016 conference and master class programme	147

Signatories

Authors

Polly Kenrick - Business Process Manager

Authorisers

Karen Lyons - Manager Local Board Services

Eric Perry - Relationship Manager

Kaipātiki Local Board

13 April 2016

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

File No.: CP2016/04759

Purpose

1. This report seeks a decision on the following applications 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 swimming or spa pools has been received from the owners of:

· 80 Hillcrest Avenue, Hillcrest;

· 219 Glenfield Road, Hillcrest; and

· 102 Sylvan Avenue, Northcote.

3. The applications do not comply with the Act. Pool inspectors have inspected the properties and consulted with the applicants. Full assessment reports are attached to this report.

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

Recommendation/s

That the Kaipātiki Local Board:

a) grant the application for special exemption as sought for 80 Hillcrest Avenue, Hillcrest with the following conditions:

i. that NZS 8500-2006 clause (a –k) is met at all times

ii. that the steps are moved 1.2m away when the spa pool is not in use.

b) grant the application for special exemption as sought for 219 Glenfield Road, Hillcrest with the following conditions:

i. that NZS 8500-2006 clause (a-K) is met at all times.

c) grant the application for special exemption as sought for 102 Sylvan Avenue, Northcote with the following conditions:

i. that NZS 8500-2006 clause (a-k) is met at all times.

ii. that the steps are moved 1.2m away when the spa pool is not in use.

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; 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	80 Hillcrest Avenue, Hillcrest (Under Separate Cover) - Confidential
b View	219 Glenfield Road, Hillcrest (Under Separate Cover) - Confidential
c View	102 Sylvan Avenue, Northcote (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Sally Grey - Manager Weather Tightness & Compliance

Eric Perry - Relationship Manager

Chairperson	Kay McIntyre, QSM
Deputy Chairperson	Ann Hartley, JP
Members	Dr Grant Gillon
	John Gillon
	Danielle Grant
	Richard Hills
	Lorene Pigg
	Lindsay Waugh

Authors	Blair Doherty - Kaipātiki Local Board Democracy Advisor
Authorisers	Eric Perry - Relationship Manager