I hereby give notice that an ordinary meeting of the Auckland Development Committee will be held on:
Wednesday, 20 July 2016
Level 2 Reception
Auckland Development Committee
Deputy Mayor Penny Hulse
Cr Chris Darby
Cr Anae Arthur Anae
Cr Calum Penrose
Cr Cameron Brewer
Cr Dick Quax
Mayor Len Brown, JP
Cr Sharon Stewart, QSM
Cr Dr Cathy Casey
Member David Taipari
Cr Bill Cashmore
Cr Sir John Walker, KNZM, CBE
Cr Ross Clow
Cr Wayne Walker
Cr Linda Cooper, JP
Cr John Watson
Cr Alf Filipaina
Cr Penny Webster
Cr Hon. Christine Fletcher, QSO
Cr George Wood, CNZM
Cr Denise Krum
Cr Mike Lee
Member Liane Ngamane
(Quorum 11 members)
15 July 2016
Contact Telephone: (09) 890 8156
This committee will lead the implementation of the Auckland Plan, including the integration of economic, social, environmental and cultural objectives for Auckland for the next 30 years. It will guide the physical development and growth of Auckland through a focus on land use planning, housing and the appropriate provision of infrastructure and strategic projects associated with these activities. Key responsibilities include:
· Unitary Plan
· Plan changes to operative plans
· Designation of Special Housing Areas
· Housing policy and projects including Papakainga housing
· Spatial Plans including Area Plans
· City centre development (incl reporting of CBD advisory board) and city transformation projects
· Tamaki regeneration projects
· Built Heritage
· Urban design
(i) All powers necessary to perform the committee’s responsibilities.
(a) powers that the Governing Body cannot delegate or has retained to itself (see Governing Body responsibilities)
(b) where the committee’s responsibility is explicitly limited to making a recommendation only
(ii) Approval of a submission to an external body
(iii) Powers belonging to another committee, where it is necessary to make a decision prior to the next meeting of that other committee.
(iv) Power to establish subcommittees.
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
· 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.
· 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.
Auckland Development Committee
20 July 2016
ITEM TABLE OF CONTENTS PAGE
1 Apologies 7
2 Declaration of Interest 7
3 Confirmation of Minutes 7
4 Petitions 7
5 Public Input 7
6 Local Board Input 7
7 Extraordinary Business 7
8 Notices of Motion 8
9 Proposed Auckland Unitary Plan - Background Information relating to the decision-making process, structure of the Independent Hearing Panel recommendation reports and management of public information. 9
10 Consideration of Extraordinary Items
An apology from Cr DA Krum has been received.
2 Declaration of Interest
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
3 Confirmation of Minutes
That the Auckland Development Committee:
a) confirm the ordinary minutes of its meeting, held on Wednesday, 6 July 2016, including the confidential section, as a true and correct record.
At the close of the agenda no requests to present petitions had been received.
5 Public Input
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Democracy Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.
At the close of the agenda no requests for public input had been received.
6 Local Board Input
Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.
This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.
At the close of the agenda no requests for local board input had been received.
7 Extraordinary Business
Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt with at that meeting if-
(a) The local authority by resolution so decides; and
(b) The presiding member explains at the meeting, at a time when it is open to the public,-
(i) The reason why the item is not on the agenda; and
(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”
Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item may be discussed at that meeting if-
(i) That item is a minor matter relating to the general business of the local authority; and
(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”
8 Notices of Motion
At the close of the agenda no requests for notices of motion had been received.
Auckland Development Committee
20 July 2016
Proposed Auckland Unitary Plan - Background Information relating to the decision-making process, structure of the Independent Hearing Panel recommendation reports and management of public information.
File No.: CP2016/15059
1. To provide the Committee with the following information:
i. a refresher on the legal framework for decision-making on the Independent Hearing Panel (the Panel) recommendations on the Proposed Auckland Unitary Plan (PAUP), and the timeline for this;
ii. an overview of principles relevant to the management of conflicts of interest generally and an outline of assistance available to elected members in relation to PAUP decision-making;
iii. the likely structure of the reports received from the Panel containing its recommendations
iv. management of public information after the receipt of the Panel’s recommendations.
2. Since September 2014, the Council has presented its position in response to submissions on the PAUP to the Panel. The hearings were completed on 13 May 2016 and the Panel’s recommendations are due to be received by the Council on 22 July 2016. As outlined in detail in the report presented to the Committee on 13 April 2016, the Council is required to notify its decisions in response to the Panel’s recommendations on 19 August 2016.
3. This report provides the Committee with a refresher on the decision-making process and the timeline for this, and an overview of principles relevant to the management of conflicts of interest. It also provides information on the likely structure of the Panel’s recommendation reports that will be received by the Council on 22 July 2016, and the management of public information after the receipt of the recommendation reports.
This report does not contain any recommendations.
Legal framework for decision-making
4. Members were previously briefed on the legal framework for decision-making at the 13 April information meeting.
5. The Local Government (Auckland Transitional Provisions) Act 2010 (the Act) establishes a unique streamlined process to help deliver the first Auckland Unitary Plan. The Panel established under the Act started hearing submissions in September 2014. The hearings were completed in mid-May 2016. The Panel provided the Council with recommendation reports on most of the designations in the PAUP on 18 May 2016. The Panel is required to release its recommendations on the remaining designations, and the balance of the PAUP, to the Council no later than 22 July 2016.
6. The Council has 20 working days to consider the Panel’s recommendations and to notify a decision version of the PAUP, together with its reasons for any recommendation it has rejected. Within this timeframe staff will need to analyse the recommendations, prepare reports for Council’s decision meetings and prepare the notification of the Council’s decision. Based on a 20 working day scenario the Council must release its decision version by 19 August 2016.
7. The Act was written to create a process that enabled the PAUP to move from notification to operative at a much faster pace than typically could occur under the Resource Management Act 1991. This includes limiting merits appeals to the Environment Court against the Council’s decisions on the Panel’s recommendations to situations where:
i. the Council has accepted a recommendation that is identified by the Panel as beyond the scope of submissions and the person wishing to appeal is “unduly prejudiced” by the Council’s decision; or
ii. the Council has rejected a recommendation from the Panel.
8. Such appeals must be lodged with the Court and served on the Council within 20 working days after notification of the Council’s decisions.
9. Separate provision is made in relation to appeals to the Environment Court concerning designations / heritage orders, with such appeals having to be lodged and served within 30 working days after the Council gives notice of the decision on the designation / heritage order.
10. Appeals on questions of law can be made to the High Court by submitters within 20 working days.
11. The right to seek judicial review of decisions is preserved by the Act, however any available right of appeal to the Environment Court must be exercised first.
12. Section 148 of the Local Government (Auckland Transitional Provisions) Act 2010 (Attachment A) specifies Auckland Council’s obligations once it receives the recommendations from the Panel.
13. The Council is required to release its decisions on the PAUP and set out the recommendations it has accepted and rejected. If a Panel recommendation is rejected, the Council must provide reasons as well as an alternative solution (i.e. alternative provision(s)) it supports. The alternative solution / provisions must be within scope of submissions and must be based on material that was presented to the Panel at the hearings. The Council also has the ability to accept a recommendation but alter the relevant PAUP provision in a way that has a minor effect or to correct a minor error.
14. The Council is required to prepare a Section 32AA cost benefit analysis report (under the Resource Management Act) for any alternative provisions to the Panel’s recommended version of the PAUP, unless a Section 32 report or Section 32AA report has been already prepared as part of the PAUP and / or Council’s case team evidence.
15. Section 151 of the Local Government (Auckland Transitional Provisions) Act 2010 sets out the process for designations / heritage orders of requiring authorities other than the Council. In short, Council decisions on Panel recommendations relating to non-Council designations / heritage orders are treated as if they were recommendations to requiring authorities notified under clause 9(1) of Schedule 1 to the RMA. Requiring authorities must notify the Council of their decisions on the recommendations within 30 working days. The Council then has 15 working days to give notice of those decisions.
Managing conflicts relating to PAUP decision-making
16. At the meeting, there will be an opportunity to discuss the management of financial and non-financial conflicts of interest generally and an outline of assistance available to elected members to answer any questions that they may have on the management of relevant interests following receipt of the Panel’s recommendations. As an introduction to that discussion, refer to Attachment B for an excerpt from the Office of the Auditor-General report “Ashburton District Council: Allegations of conflicts of interest affecting decisions on a second bridge: Appendix - Types of interests and the risks they create in local government” (October 2014). Attachment C sets out relevant provisions from the Standing Orders and Auckland Council Code of Conduct: Elected Members.
Description of the Panel’s Deliverables
17. It is understood that the recommendation reports from the Panel are likely to be in two parts:
Part 1. The Reports - an overview report and a report on each hearing topic. The individual hearing topics include a summary of the recommended changes to the plan for that topic. It is understood this document will be approximately 1000 pages in length.
Part 2. The Recommended Plan – It is understood that this will comprise a clean version of the Panel’s recommended text of the Unitary Plan and a clean version of the Panel’s recommended maps created in the Panel’s GIS viewer.
The Management of Public Information After the Receipt of the Recommendation Reports
18. Following the public release of the panel’s recommendations a public information campaign will begin to ensure the public have factual information about the recommendations and to explain the process for council’s decision-making in August.
19. Communications will include media and stakeholder briefings, summaries of the panel’s recommendations, internal communications for staff, social media updates, and paid advertising to direct the public to the recommendations on the council website.
Local board views and implications
20. All local board chairs are invited to attend the Auckland Development Committee meeting.
Māori impact statement
21. The PAUP is of considerable interest to Auckland’s Mana Whenua. A number of the topics that have been / will be presented to the Committee at the Auckland Development Committee information meetings between April and July 2016 are of high interest to Mana Whenua, and indeed the wider Māori community. However, as the Council will not be making any decisions at the information meetings, the report itself does not have any impact on Māori.
22. Impacts on Māori will be addressed in the decision-making reports that will be considered by the Council in August 2016.
Attachment A - Section 148 of the Local Government (Auckland Transitional Provisions) Act 2010
Attachment B - Excert from the Office of the Auditor-General report
Attachment C - Relevant provisions from the Standing Orders and Auckland Council Code of Conduct Elected Members
Celia Davison - Team Leader Unitary Plan
Penny Pirrit - Director Regulatory Services