Agenda of Devonport-Takapuna Local Board

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

1 Welcome

2 Apologies

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

3 Declaration of Interest

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

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

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

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

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

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

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

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 19 July 2016, including the confidential section, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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 Devonport-Takapuna Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

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

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

11 Notices of Motion

11.1 Notice of Motion

In accordance with Standing Order 3.11.1, the following Notice of Motion has been received from Member Grant Gillon for inclusion on the agenda for the Devonport-Takapuna Local Board meeting being held on Tuesday, 16 August 2016:

Recommendation/s

That the Devonport-Takapuna Local Board:

a) requests that officers advise the Board of the estimated cost of identifying any Auckland Council (or any of its CCOs) owned parcels of land, in the Devonport-Takapuna Local Board area which are either deemed surplus to Council, are road reserve or remain after a roading project, road ends or otherwise lie vacant.

b) notes that the next step would be for officers to advise the Board of the procedure for reserving, retaining or developing any identified parcels of land that the Board might consider essential to the community.

c) notes that a further step would be to explore the potential for any such parcels of land in order to add value to the community.

d) requests that all proposals for disposal of land within our Board area be discussed with both the Local Board and Parks team, either with the Parks Portfolio holders or the full Board prior to any recommendation being forwarded to Panuku Development Auckland

Background

1. During the past term the Devonport-Takapuna Local Board has considered several requests by Panuku Development Auckland (or its predecessor) for the disposal of open space. Some of these proposals have been rejected by the Board but others have been supported, albeit on the Chair’s casting vote.

2. There has been only hearsay evidence in the reports from our local Parks team as to the nature or potential of the reserves, road reserves, parks or open space. Any view Parks has expressed has been given directly to Panuku.

3. Some of these parcels of land have been viewed by the board as having potential. Others not. The board needs more information about similar parcels of land in the area.

4. Resolution number DT/2016/123 of July 2016 is noted for information below. The recommendations are by way of expanding on the resolution.

“That the Devonport-Takapuna Local Board:

d) request that the Parks department discuss with local board parks portfolio holders the potential service need of land proposed for disposal by Panuku Development Auckland, prior to the Parks department providing its views to Devonport-Takapuna Local Board 19 July 2016 Minutes Page 11 Panuku Development Auckland as to whether or not the property in question is required for open space purposes.”.

Recommendations

1. THAT officers be requested to advise the Board of the estimated cost of identifying any Auckland Council (or any of its CCOs) owned parcels of land, in the Devonport-Takapuna Local Board area which are either deemed surplus to Council, are road reserve or remain after a roading project, road ends or otherwise lie vacant.

2. THAT the Board notes that the next step would be for officers to advise the Board of the procedure for reserving, retaining or developing any identified parcels of land that the Board might consider essential to the community.

3. THAT the Board notes that a further step would be to explore the potential for any such parcels of land in order to add value to the community.

4. THAT all proposals for disposal of land within our Board area be discussed with both the Local Board and Parks team, either with the Parks Portfolio holders or the full Board prior to any recommendation being forwarded to Panuku Development Auckland

Signed

G Gillon

Deputy Chair/Local Board Member

Devonport-Takapuna Local Board

16 August 2016

Draft Annual Report 2015/2016 - Local Board report

File No.: CP2016/17097

Purpose

1. This report compares actual activities and performance with the intended activities and level of service set out in the Devonport-Takapuna Local Board Agreement 2015/2016. The information is prepared as part of the local board’s accountability to the community for the decisions made throughout the year.

Executive summary

2. The Auckland Council Annual Report 2015/2016 (Annual Report) is currently being prepared and progressed through an external audit process. In late September 2016 the audit is expected to be completed and the final report will be approved and released to the public. The Annual Report will include performance results for each local board.

3. The local board is required to monitor and report on the implementation of its local board agreement for 2015/2016. The requirements for monitoring and reporting are set out in the Local Government (Auckland Council) Act 2009. These requirements include providing comment on actual local activities against the intended level of service, and for the comments to be included in the Annual Report.

4. The 2015/2016 local board agreements formed part of the Long-term Plan 2015-2025 (LTP). The performance measures included in the LTP changed significantly from the previous LTP. This Annual Report is the first time that council is reporting back externally against these new performance measures.

5. The attached report is proposed for approval by the local board. The report includes the following sections:

· message from the Chairperson;

· the year in review;

· how we performed; and

· financial information.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) note the monitoring and reporting requirements set out in the Local Government (Auckland Council) Act 2009 and the draft local board information proposed for the Auckland Council Annual Report 2015/2016.

b) receive the draft local board report to be included in the Auckland Council Annual Report 2015/2016.

c) approve the message from the Chairperson, which provides the local board’s comments on local board matters in the Annual Report 2015/2016.

d) delegate authority to the Chairperson and Deputy Chairperson to make typographical changes before submitting for final publication.

Comments

6. The local board is required to monitor and report on the implementation of its local board agreement 2015/2016. The requirements for monitoring and reporting are set out in the Local Government (Auckland Council) Act 2009, as follows:

Section 23 monitoring and reporting

(1) Each local board must monitor the implementation of the local board agreement for its local board area.

(2) Each annual report of the Auckland Council must include, in respect of local activities for each local board area, an audited statement that:

i) compares the level of service achieved in relation to the activities with the performance target or targets for the activities (as stated in the local board agreement for that year); and

ii) specifies whether any intended changes to the level of service have been achieved; and

iii) gives reasons for any significant variation between the level of service achieved and the intended level of service.

7. Each local board must comment on the matters included in the Annual Report under subsection (2) in respect of its local board area and the council must include those comments in the Annual Report.

8. This report focuses on the formal reporting referred to in Section 23 above. Attachment A provides the draft local board information for inclusion in the Annual Report 2015/2016. The report contains the following sections:

Section	Description
Message from the Chairperson	Legislative requirement to include commentary from the local board on matters included in the report.
The year in review: a. - Financial performance; b. - Key achievements; c. - Key projects; d. - Challenges in our area; and e. - Looking forward.	Snapshot of main areas of interest for the community in the local board area.
How we performed	Legislative requirement to report on performance measure results for each activity, and to provide explanations where targeted levels have not been achieved.
Financial information	Legislative requirement to report on financial performance results compared to long-term plan budgets, together with explanations about variances.

9. Local board comments on local board matters in the Annual Report will be included as part of the message from the Chairperson.

10. The next steps for the draft Annual Report are:

· audit during August 2016;

· report to the Finance and Performance Committee on 22 September 2016;

· report to the Governing Body for adoption on 29 September 2016;

· release to stock exchanges on 29 September 2016;

· publication on 7 October 2016; and

· copies of the Annual Report will be provided to the local board offices, Auckland Council libraries and council service centres.

Consideration

Local board views and implications

11. Local board comments on local board matters in the Annual Report will be included as part of the message from the Chairperson.

Māori impact statement

12. The Annual Report provides information on how Auckland Council has progressed its agreed priorities in the Long-term Plan (LTP) over a 12-month period. This includes engagement with Māori, as well as projects that benefit various population groups, including Māori.

Attachments

No.	Title	Page
a	Draft Annual Report 2015/2016 - Devonport-Takapuna Local Board (Under Separate Cover)

Signatories

Authors

Pramod Nair - Lead Financial Advisor

Authorisers

Kevin Ramsay - General Manager Corporate Finance and Property

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 August 2016

Devonport-Takapuna Local Board Quick Response, Round Five, 2015/2016

File No.: CP2016/16893

Purpose

1. The purpose of this report is to present applications received for round five of the Devonport-Takapuna Local Board Quick Response Grants Programme 2015/2016. The board is required to fund, part-fund or decline these applications.

Executive summary

2. The Devonport-Takapuna Local Board has set a total combined community grants and local events budget of $278,000 for the 2016/2017 financial year.

3. Eight applications were received in this quick response round, with a total requested of $15,797.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) consider the applications listed in the table below and agree to fund, part-fund or decline each application:

Application ID	Applicant	Main focus	Funding for	Amount requested
QR1602-501	Dance Therapy New Zealand	Community	Towards the therapist and assistant fees, purchase of equipment and advertising costs, project coordination and administration overheads and venue hire between July to December 2016	$1,861
QR1602-506	Shanshan Multicultural Society	Community	Towards the purchase of high visibility vest, sun screen, first aid kit and gloves between June to December 2016	$436
QR1602-510	Scout Association New Zealand First Devonport Scout Group	Community	Towards the purchase and assembly of a trailer and waterproof cover between July to September 2016	$2,000
QR1602-513	Sunnynook Community Centre Incorporated	Community	Towards the purchase and installation of a defibrillator between June to July 2016	$2,000
QR1602-508	Youthline Auckland Charitable Trust	Community	Towards the purchase of computer tablets between July to November 2016	$2,000
QR1602-509	Devonport Heritage Incorporated	Events	Towards the costs to edit films for the “Two Houses, One Theater” event in October 2016	$2,000
QR1602-504	Badminton North Harbour	Sport and Recreation	Towards the purchase of shuttlecocks for the Badminton North Harbour championships and interclub competitions between June to October 2016	$2,000
QR1602-512	North Shore Croquet Club	Sport and Recreation	Towards the costs towards the ‘Petanque Terrain” construction project between June to July 2016	$3,500
			TOTAL	$15,797

Comments

4. The Auckland Council Community Grants Policy supports each local board to adopt a grants programme (see Attachment A).

5. The local board grants programme sets out:

· local board priorities;

· lower priorities for funding;

· exclusions;

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

· any additional accountability requirements.

6. The Devonport-Takapuna Local Board has operated five quick response rounds for the 2015/2016 financial year. Round five of the quick response grants programme closed on 1 June 2016’.

7. The community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletters, Facebook pages, council publications, radio, and community networks.

8. For the 2016/2017 financial year, the Devonport-Takapuna Local Board set a total community grants budget of $278,000. It is recommended that the local board consider allocating up to 3% of its community grants budget for this grant round.

9. Eight applications were received for this quick response, requesting a total of $15,797.

Consideration

Local board views and implications

10. Local boards are responsible for the decision-making and allocation of local board community grants. The Devonport-Takapuna Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.

11. The board is requested to note that section 50 of the Community Grants Policy states “We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time.”

12. A one-page summary of each application is attached (see Attachment B).

Māori impact statement

13. The provision of community grants provides opportunities for all Aucklanders to undertake projects, programmes and activities that benefit a wider range of individuals and groups, including Maori. As a guide for decision-making in the allocation of community grants, the new community grants policy supports the principle of delivering positive outcomes for Maori. No organisations applying in this round have identified as Maori, and none have indicated their project targets Maori or Maori outcomes.

Implementation

14. The allocation of grants to community groups is within the adopted Long-termerm Plan (LTP) 2015-2025 and local board agreements.

15. Following the Devonport-Takapuna Local Board allocating funding for round five quick response, Commercial and Finance staff will notify the applicants of the local board’s decision.

Attachments

No.	Title	Page
a	Devonport-Takapuna Local board Grants Programme 2016/2017 (Under Separate Cover)
b	Devonport-Takapuna Quick Response Round Five applicaiton summaries (Under Separate Cover)

Signatories

Authors

Kim Hammond - Community Grants Advisor

Authorisers

Marion Davies - Community Grants Operations Manager

Jennifer Rose - Operations Support Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 August 2016

Devonport-Takapuna Local Board Community Facilities Renewals Work Programme 2016/2017

File No.: CP2016/14441

Purpose

1. To approve the Devonport-Takapuna Local Board 2016/2017 work programme for Community Facilities renewals for the Local Parks, Sports and Recreation activity.

Executive summary

2. Renewals funding is identified at a high level through the Long-term Plan (LTP) and a capital works programme is prepared for approval annually. The programme ensures that each council facility can operate to the current level of service articulated in the relevant asset management plan.

3. Attachment A provides the proposed Devonport-Takapuna Local Board 2016/2017 work programme for Community Facilities, Local Parks, Sports and Recreation renewals for local board approval.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve the 2016/2017 work programme for Devonport-Takapuna Local Board Parks, Sports and Recreation renewals.

b) note that the 2016/2017 funding envelope is indicative to deliver this programme of work, and that any budget variances (within scope) will be managed within the total region-wide renewals funding envelope.

Comments

4. Community facilities are an important part of realising the vision of Auckland to become the world’s most liveable city. Facilities contribute to building strong, healthy, and vibrant communities by providing spaces where Aucklanders can connect, socialise, learn, and participate in a wide range of social, cultural, art, and recreational activities. These activities foster improved lifestyles and a sense of belonging and pride among residents.

5. Investment in this renewals programme will ensure that council facilities remain valuable, well-maintained community assets that continue to meet user expectations. Not undertaking timely renewals will have an undesirable impact on the customer experience and put asset performance at risk, and ultimately increase the cost to maintain the facility.

6. The renewals programme process ensures that the proposed Community Facility renewals work programme (Attachment A) has received extensive input and assessment from business owners, facility users, the local board, and Community Facilities staff.

Consideration

Local board views and implications

7. Council staff will report quarterly to the local board on how the programme is tracking, and discuss with the local board any arising key risks and notify the local board when projects are completed.

Māori impact statement

8. The Devonport-Takapuna Local Board Community Facility renewals work programme 2016/17 will ensure that all facilities continue to be well-maintained community assets benefiting the local community, including Māori. Parks and open spaces, as well as sport and recreation activity, contributes significantly to Māori well-being, values, culture and traditions. Where any aspects of the proposed work programme are anticipated to have a significant impact on sites of importance to tangata whenua, appropriate consultation will follow.

Implementation

9. This work programme will be implemented as part of Community Facilities’ usual business practice.

10. Work programme implementation will be reported quarterly to the local board. The first-quarter report will outline the programme’s delivery schedule.

11. The 2016/2017 Community Facilities renewals work programme for the Local Community Services activity was presented for approval at the June business meeting.

12. Where bundles of assets are presented as projects over multiple years, the assets (listed within each project line) will be renewed in order of priority with as many singular assets being renewed, within the allocated budget, as possible.

Attachments

No.	Title	Page
a View	Devonport-Takapuna Renewals Work Programme 16/17	23

Signatories

Authors

Hannah Alleyne - Senior Programme Planner

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 August 2016

Grant of new community lease to PHAB Association (Auckland) Incorporated, 8 Auburn Street

File No.: CP2016/15424

Purpose

1. To grant a new community lease to the Physically Disabled and Able Bodied (PHAB) Association (Auckland) Incorporated of premises comprising the land and buildings at 8 Auburn Street, Takapuna.

Executive summary

2. PHAB Association (Auckland) Incorporated occupies the land and buildings at 8 Auburn Street, Takapuna under the terms of a lease that expired on 30 April 2015 and is now running on a month to month basis.

3. PHAB has applied for a new lease of the premises.

4. At the expiry of a lease for a council-owned building, it is good practice to review the use of the premises through an expression of interest process. Alternatively, if the service provided by the lessee is still needed, the lessee is meeting all lease obligations, and there has been significant capital invested in the facility, the local board has the authority to grant a new lease to the incumbent without an expression of interest process.

5. The site at 8 Auburn Street comprising Part Lot 1 DP 787273 is held in fee simple by the Auckland Council as a classified local purpose (community buildings) reserve, subject to the provisions of the Reserves Act 1977. There is no requirement to publicly notify any new lease to the incumbent tenant under the terms of the Reserves Act 1977.

6. This report recommends that a new community lease be granted to PHAB for the premises at 8 Auburn Street for a term of five years from 1 September 2016, with one five year right of renewal in accordance with the Auckland Council Community Occupancy Guidelines 2012.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) grant a new community lease to the Physically Disabled and Able Bodied (PHAB) Association (Auckland) Incorporated for the land and buildings (refer to Attachment A of the agenda report) at 8 Auburn Street, Takapuna, subject to the following:

i) term – five years commencing 1 September 2016 with one right of renewal for five years;

ii) subsidised maintenance fee - $500.00 per annum;

iii) rent - $1.00 plus Goods and Services Tax per annum if requested; and

iv) the PHAB Association (Auckland) Incorporated Community Outcomes Plan as approved being attached to the lease document (refer to Attachment B of the agenda report) be attached to the lease document.

b) approve all other terms and conditions in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines 2012.

Comments

7. The Physically Disabled and Able Bodied (PHAB) Association was formed in the UK in 1957, with the aim of promoting and encouraging people of all abilities to come together on equal terms to achieve complete inclusion.

8. PHAB Association (Auckland) Incorporated serves disabled young people and their families from all areas of the North Shore. It has a network of weekly social groups that it uses as a base to develop programmes and projects that promote and support self-reliance and encourage young people to become involved and valued members of their own communities.

9. PHAB currently has approximately 400 active members, and encourages the use of the premises at no charge by other community groups and organisations that support young people with disabilities.

10. PHAB also runs holiday programmes, social groups, life skill and exercise programmes and gives young people and their families a place to gain information, support and respite.

11. PHAB has complied with all conditions of its current lease, and the financial accounts provided indicate that PHAB’s funds are sufficient to meet its liabilities and are being managed appropriately.

12. PHAB holds all necessary insurance, including current public liability cover.

8 Auburn Street, Takapuna

13. The improvements on site were originally built by the former Takapuna Women’s Bowling Club but are now owned by Auckland Council. The main clubrooms and the garage extend to approximately 280 m².

14. On the closure of the bowling club, an expression of interest process was undertaken in 2005. PHAB was awarded the lease of the premises and has spent approximately $160,000 on improving the facility.

15. The clubrooms were completely rewired, re-plumbed, all walls were relined, a new kitchen and accessible toilets were installed and the site was made fully accessible by changing the gradient of the access paths and ramps and extending the width of the deck.

16. PHAB also upgraded the garage on the site and installed a liberty swing for use by its clients.

17. Internally the building has space for meetings, training sessions and socialising.

18. The young people have access to computer equipment and games, a pool table, a table tennis table and are able to take part in a number of recreational activities including art, music and life skill groups.

19. The facility is well used and valued as it provides a safe and comfortable environment where young people can meet and socialise with their peers.

20. The facility is the only one of its type on the North Shore and provides a base for a number of organisations who support disabled youth to hold meetings. PHAB also runs holiday programmes, social groups, life skill and exercise programmes and gives young people and their families a place to gain information, support and respite.

21. The bowling green provides valuable outdoor space that is used for casual recreation, sports and socialising. Raised garden beds also provide opportunities to grow vegetables, and flowers and are maintained by the young people who visit the facility. The outdoor area is fully maintained by PHAB.

Consideration

Local board views and implications

22. Council staff sought input at the Recreational and Community Faculties portfolio meeting on 28 April 2016. The members present did not raise any concerns regarding the proposal to grant a new community lease to PHAB Association (Auckland) Incorporated.

23. The recommendations contained in this report fall within the local board’s delegated authority relating to local, recreation, sport and community facilities. This report recommends that the local board grant a new community lease.

Māori impact statement

24. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2015-2025 (LTP), the Unitary Plan and local board plans.

25. Support for Maori initiatives and outcomes are detailed in Te Toa Takitini, Auckland Council’s Maori Responsiveness Framework. An aim of community leasing is to increase targeted support for Maori community development projects. Additionally, it seeks to improve access to facilities for Maori living in the Devonport-Takapuna Local Board area.

Implementation

26. There are no cost implications for the local board if a new lease is granted to the PHAB Association (Auckland) Incorporated.

27. On confirmation of the resolution, documentation will be prepared by the community lease team for execution by PHAB Association (Auckland) Incorporated. There is no cost to the lessee for the preparation of the lease documentation.

Attachments

No.	Title	Page
a	PHAB Association (Auckland) Inc. Site Plan. (Under Separate Cover)
b	PHAB Association (Auckland) Inc. Community Outcomes Plan (Under Separate Cover)

Signatories

Authors

Maureen Buchanan - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 August 2016

Community lease with Auckland Citizens Advice Bureaux Incorporated

File No.: CP2016/14918

Purpose

1. To seek approval to grant a community lease for multi-premises to Auckland Citizens Advice Bureaux Incorporated. Premises are located in 19 local board areas as follows:

· Albert-Eden

· Devonport-Takapuna

· Henderson-Massey

· Hibiscus and Bays

· Howick

· Kaipātiki

· Māngere-Ōtāhuhu

· Manurewa

· Maungakiekie-Tāmaki

· Orākei

· Ōtara-Papatoetoe

· Papakura

· Puketāpapa

· Rodney

· Upper Harbour

· Waiheke

· Waitākere Ranges

· Waitematā

· Whau

Executive summary

2. Auckland Council and Auckland Citizen Advice Bureaux Incorporated (the Bureaux) have negotiated a revised strategic relationship agreement (refer Attachment A) and a new funding agreement which was approved by the Regional Strategy and Policy Committee on 7 April 2016.

3. This provides an opportunity for the existing 32 occupation agreements, inherited from legacy councils, to be surrendered and replaced with a multi-premises lease. The initial term of the lease would be for two years, with two rights of renewal each being for a three year period.

4. The change to a multi-premises lease has been discussed with the Bureaux who have welcomed the initiative as it would simplify their administration and enhance budgeting.

5. There have been meetings with most local boards with Bureaux premises who were overall supportive of the multi-premises lease.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve the surrender of all leases and accommodation agreements to Auckland Citizens Advice Bureaux Incorporated and other associated societies of the Bureaux, within the respective local board area as specified in the schedule of Bureaux sites as attached to the agenda report (Attachment B).

b) approve a new multi-premises lease to Auckland Citizens Advice Bureaux Incorporated for the premises within the respective local board area specified in the schedule of Bureaux sites as attached to the agenda report (Attachment B) subject to the following terms and conditions:

i) that the lease term will be two (2) years commencing 1 July 2016 with two (2) three (3) year rights of renewal, with a final expiry of 30 June 2024, if all rights of renewal are exercised;

ii) that rent will be $1.00 plus GST per annum;

iii) that Auckland Citizens Advice Bureaux Incorporated will be responsible for all operational charges for each site throughout the term of the lease, as set out in the schedule of Bureaux sites as attached to the agenda report (Attachment B) and regional Bureaux sites (Attachment C to the agenda report);

iv) that operational charges for any sites added during the term of the lease be at the rate prescribed by council’s Community Occupancy Guidelines in effect at the time of addition, currently $25/m² of space occupied at the time of report writing;

v) that provision is provided to allow for the addition and removal of premises during the term of the lease;

vi) that provision to allow Libraries, where the space occupied by the Bureaux is required for library purposes, to relocate the Bureaux to another area within the same building upon six months’ notice;

vii) that the community outcomes plan provision be amended to refer to the revised strategic relationship agreement objectives to develop specific community outcomes between the Bureaux and each local board; and

viii) that all other terms and conditions are met in accordance with the Auckland Council Community Occupancy Guidelines July 2012.

Comments

The Bureaux Background

6. On 20 September 2012 the Bureaux was incorporated under the Incorporated Societies Act 1908. The aim of the Bureaux is to:

· ensure that individuals do not suffer through ignorance of their rights and responsibilities;

· assist those who are unable to express their needs effectively; and

· exert a responsible influence on the development of social policies and services, both locally and nationally.

7. Currently, the Bureaux and its associated societies occupy 32 premises provided by council throughout Auckland. All of these have varying agreements in respect of the terms and conditions:

· 30 locations are on council-owned premises with various occupation arrangements in place; and

· two are commercially owned and leased to council.

8. A review of the occupation agreements with the Bureaux identified benefits that would arise if these agreements were brought together as one lease with consistent terms and conditions, aligned with the strategic relationship agreement (SRA), funding agreement (FA) and Long-term Plan (LTP) funding rounds.

9. Under the SRA, the Bureaux have agreed to meet local community objectives by providing communities with high quality information, advice, referral and client advocacy services that:

· are accessible and responsive to the needs of diverse communities;

· inform and empower people;

· encourage people to be actively involved in shaping their communities and the city;

· contribute to the development of regional social policy; and

· collaborate with Auckland Council on the development of the strategic direction for the provision of the Citizens Advice Bureaux services.

10. Relationships between local boards and local Bureaux are at different stages of development. The SRA supports development of successful long-term local board-Bureaux relationships by increasing information sharing between the board and Bureauxx through quarterly and annual reports on service usage and emerging local issues.

Premises background

11. The Bureaux and its associated societies have agreed to surrender existing occupation contracts and to enter into a regional multi-premises lease identifying the separate sites occupied by the Bureaux.

12. Attachment B lists the Bureaux premise for inclusion in the Upper Harbour Local Board area. Attachment C shows all the Bureaux locations across the region.

13. The two sites listed below are owned by the Crown, and are held in trust by council. These leases will require a clause to recognise that the properties may in the future be required for Treaty of Waitangi settlement purposes:

Local board area	Building name	Location
Maungakiekie-Tāmaki	CAB Office	100 Line Rd Glen Innes
Kaipātiki	Library building	5 Ernie Mays St Northcote

14. Three sites are unclassified local purpose reserves. These sites can be leased pursuant to section 61 (2A) of the Reserves Act without the need to classify or advertise. The details of each will be placed on a schedule of sites to be classified subsequently:

Local board area	Building name	Location
Maungakiekie-Tāmaki	CAB Office Plunket Rooms	100 Line Rd Glen Innes
Waiheke	CAB office building	141 Ocean View Rd Oneroa
Whau	New Lynn Library Building	3 Memorial Drive

Options

15. This report proposes that all council-managed premises for the Bureaux be granted under a multi-premises community lease, thus providing the 32 sites with a common lease document with standard terms and conditions. A multi-premises lease will enable more efficient, consistent and streamlined lease management. Importantly, it will provide the Bureaux with:

· accommodation with a defined lease period;

· known costs to further assist their budget planning and financial controls; and

· a reduction of both the Bureaux and council’s administrative costs thereby assisting the former to focus on their primary outcomes.

16. The regional premises meet the current service delivery needs of the Bureaux. No asset delivery study has been undertaken, but will be as part of the work programme in the SRA between council and the Bureaux. The proposed lease accommodates this future asset study by allowing for more streamlined addition and removal of premises to meet both the changing accommodation and business needs of the Bureaux.

17. Some sites are currently under consideration by local boards regarding configuration of current space or relocation to other premises. These are Panmure, Sylvia Park, Glen Innes, (Maungakiekie-Tāmaki Local Board) and Glen Eden (Waitākere Ranges Local Board).

18. The proposed multi-premises lease will allow for a more flexible optimisation of the network while retaining local boards’ delegated authority.

19. This proposal was developed in consultation with the Arts Community and Events Department, Legal Services, and Corporate Finance and Property, and in close working relationship with the Bureaux.

20. The local board can alternatively choose not to adopt the proposed recommendation, where its respective Bureaux will be omitted from the multi-premises agreement and managed as individual leases. The multi-premises agreement can still be entered into by supporting local boards, and progressed without the participation of all, though this would significantly reduce the efficiencies to be gained by the approach.

Consideration

Local board views and implications

21. The recommendations within this report fall within the local board’s allocated decision-making authority relating to local, recreation, sport and community facilities.

22. Local board budgets will be affected by the proposed change to rental and operational fees. However, the change is related to asset-based service budgets (ABS) and does not need to be topped up by individual locally driven initiative (LDI) funding for local boards showing a negative effect. Conversely, local boards receiving more revenue will not have ability to spend the additional funds showing in their accounts. Budgets will be adjusted at the first review in August to manage this.

23. A portfolio meeting has been held with most local boards which were presented with the proposal for a multi-premises community lease. General acceptance of the approach for a multi-premises lease was indicated and no concerns were raised.

24. There are no local board risks identified for the proposal as it allows for a more networked and flexible management of the premises while retaining local boards delegated authority.

25. The SRA supports the achievement of the following 2014-2017 Local Board Plan priorities:

· Active, connected and supported neighbourhoods.

· Facilities that enable community well-being.

Māori impact statement

26. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context. These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, the Long-term Plan 2012-2022, the Unitary Plan and local board plans.

27. Support for Māori initiatives and outcomes are detailed in Te Toa Takitini, Auckland Council’s Maori Responsiveness Framework. An aim of community leasing is to increase targeted support for Māori community development projects. Additionally it seeks to improve access to facilities for Māori living in the local board area.

Implementation

28. The multi-premises community lease will outline consistent terms and conditions for each of the Bureaux.

29. There are no significant cost implications for Auckland Council.

Attachments

No.	Title	Page
a View	Attachment A Strategic Relationship Agreement	35
b View	Attachment B Bureaux Site	55
c View	Attachment C Regional Bureaux Sites	57

Signatories

Authors

Ron Johnson - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 August 2016

Strategic Relationship Agreement

Serving Our Communities Together

Auckland Council and Auckland Citizens Advice Bureaux

A. Background and Purpose

Auckland Council and Auckland Citizens Advice Bureaux Inc. (ACABx) have a robust relationship, based on the long-standing relationship between local Bureaux and the legacy councils. Both organisations wish to reflect this existing goodwill in a framework to guide their relationship and the achievement of their shared vision, and further manifest this trust and mutual respect through development of a formal partnership and shared work programme. This agreement also provides for council funding for Citizens Advice Bureaux (CABx) services through ACABx and related accountabilities.

B. Shared Vision

Auckland Council and ACABx have agreed that they will work together to provide local communities with high quality information, advice, referral and client advocacy services that:

§ are accessible and responsive to the needs of our diverse communities

§ inform and empower people

§ encourage people to be actively involved in shaping their communities and the city

§ contribute to the development of regional social policy.

C. Roles and Responsibilities

Both organisations play roles in delivering on the shared vision:

Auckland Citizens Advice Bureaux (ACAB) Inc.

The aims of ACABx are:

To ensure that individuals do not suffer through ignorance of their rights and responsibilities, or of the services available; or through an inability to express their needs effectively.

Me noho matāra kia kaua te tangata e mate i tāna kore mōhio ki ngā āhuatanga e āhei atu ana ia, ki ngā mahi rānei e tika ana kia mahia e ia, ki ngā ratonga rānei e āhei atu ana ia; i te kore rānei āna e āhei ki te whaputu i āna hiahia kia mārama mai ai te tangata.

To exert a responsible influence on the development of social policies and Services, both locally and nationally.

Kia tino whawāhi atu ki te auahatanga o ngā kaupapa-ā-iwi me ngā ratonga-ā-rohe, puta noa hoki i te motu.

ACABx:

An Incorporated Society, established in June 2012 with the following purposes:

§ to provide an organisational framework and support structure which enables a co-ordinated service to members related to funding from, and other support arrangements with, Auckland Council and other bodies.

§ to work with Auckland Council on the development of the strategic direction for the provision of the Citizens Advice Bureau services within the Auckland Council area.

Auckland’s Citizens Advice Bureaux (CABx) are members of ACABx and democratically elect a board to fulfil the above purposes. In turn, ACABx and all Auckland CABx are members of Citizens Advice Bureau New Zealand (CABNZ). CABNZ supports bureaux to meet membership standards which underpin their service and influences development of social policies and services at a national level.

CABx provide information, advice, referral and client advocacy services via face-to-face, telephone and online contact. Currently, there are 12 Bureaux comprising 31 Auckland service sites, with over 900 trained volunteers fielding close to 302,000 enquiries per annum, 75 percent of this service is delivered face-to-face.

Auckland Council:

A unitary authority with purposes, functions, powers and duties as set out in the Local Government Act 2002 and amendments, and other Acts including the Local Government (Auckland Council) Act 2009.

Support for CABx strongly aligns with the vision and strategic direction of the Auckland Plan and the Empowered Communities Approach endorsed by the Regional Strategy and Policy Committee on 4 June 2015.

Key roles in this relationship include, but are not limited to:

§ brokering and facilitation

§ co-ordination and planning

§ networking and access to information, knowledge and other key decision makers

§ advocacy

§ Kaitiakitanga/guardianship role (in terms of both the City and its people)

§ engagement with local communities.

In terms of this agreement Auckland Council also takes on the role of a funder.

Both organisations agree to support each other where possible, including reasonable acknowledgement of each other’s logos where appropriate.

Guiding Principles of working together

Both organisations acknowledge a commitment to the concept of partnering and agree to:

§ work in such a way that promotes goodwill, good faith and trust, recognising and respecting each other’s ways of working and obligations to their organisation and wider stakeholders

§ commit to continuously seek to improve what we do in partnership through sharing good practice

§ support the achievement of each other’s outcomes where possible and work constructively and collaboratively to achieve shared outcomes

§ acknowledge and celebrate success and the achievement of mutually shared outcomes

§ work together to actively support the Treaty of Waitangi/Te Tiriti o Waitangi

§ actively promote social inclusion and embrace Auckland community diversity

§ share information to improve understanding of local communities and inform council social policy development.

D. Managing the Relationship

Both organisations agree to:

§ meet a minimum of four times a year to progress their shared outcomes

§ develop a shared work programme including a range of initiatives at both strategic and operational levels that is reviewed on an annual basis

§ ensure the maintenance and ongoing development of a strong and healthy MASTER CW LOGO relationship.

E. Resourcing MASTER CW LOGO

The financial and non-financial resources of each organisation will be used to support the achievement of individual and shared outcomes, including resourcing and capacity to invest in relationships and partnering processes.

Key non-financial resources include:

§ staff, elected member and volunteer time

§ knowledge, information, advice and networks.

Auckland Council has agreed to fund ACABx for the provision of Auckland CABx services for the two year period 2016-2018 because CABx are:

§ well established and have recognised expertise

§ critical to fulfilling council goals

§ involved in activities in which council has a key interest

§ healthy, viable and sustainable organisations.

F. Review

Both organisations are mutually accountable for delivering on this agreement, and reporting progress to each other and to third parties. This strategic relationship agreement will be reviewed at the end of one year from the date of signing.

G. Signatories

The common seal of Auckland Citizens Advice Bureaux Inc. was affixed in the presence of the Chairperson /Representative (***) and a Board Member (***) on …………………….2016.

ACABx Chairperson/Representative Auckland Council

ACABx Board Member Auckland Council officer with delegated authority

SCHEDULES

1. Shared vision

2. Protocols and Processes to Support the Relationship

3. Biennial Work Priority Areas

· Shared Outcomes and Key Work Priority Areas

4. CAB Services in 2016/2018

Schedule 1. Shared Vision

Auckland Council and ACABx have agreed they will work together to provide local communities with high quality information, advice, referral and client advocacy services that:

§ are accessible and responsive to the needs of our diverse communities

§ inform and empower people

§ encourage people to be actively involved in shaping their communities and the city

§ contribute to the development of regional social policy.

Schedule 2. Protocols and Processes to Support the Relationship

The scope of this relationship

This Agreement is not intended to extend to the day-to-day operation of local bureaux. In relation to the local boards – local CABx relationship, the focus is on local services.

Table one: Identified activities within this agreement

In scope	Out of scope
Regional funding relationship including monitoring and reporting	Local, supplementary funding to CABx through local boards
Overview of CABx accommodation and multi-site lease arrangements	Property issues associated with local CABx
Co-ordinating cross-council relationships with ACABx (e.g. Libraries)	The operational relationships between council departments and local CABx
Research using aggregated data and information to inform policy development that address issues facing CAB clients	Access to or sharing of data that may compromise client privacy, or other confidential matters (etc.)
Support for ACABx and CABx to develop capacity and services to effectively respond to the changing face of Auckland	Specific funding arrangements outside of the ACABx grant

Auckland Council Governing Body – ACABx Relationship

This strategic relationship is between ACABx and Council’s Governing Body, with a focus on ensuring both Council and ACABx have an Auckland wide focus and best practice principles to achieve the most effective and responsive service for the people of Auckland.

The Governing Body (which consists of an elected mayor and 20 councillors) focuses on big picture, region-wide strategic decisions, and it is the Governing Body who holds the decision-making role in relationship to the regional ACABx relationship.

Strategic Relationship Management

Both organisations recognise that many people, at both political, governance and operational levels, will be involved in achieving the goals and priorities that form the basis of this agreement. For clarity, and to facilitate and strengthen the strategic relationship between both organisations, the Community Empowerment Manager for Auckland Council and the Board Chair ACABx are identified as the key people with oversight responsibilities for the successful implementation of this agreement.

Funding

Auckland Council Governing Body has agreed to provide funding through the Long-term Plan 2015-2025. Funding has been agreed for 2016-2018 to support the operation of CABx across Auckland and the agreed work programme.

Funding will be in accordance with the terms and conditions of the Funding Agreement attached as Appendix One. The term of this agreement is for two years. A negotiated right of renewal at the completion of this agreement for a period of three years followed by a further three years is conditional on delivery of the agreed biennial work programme for 2016-2018 and approval by the Auckland Council Regional Strategy and Policy Committee.

Relationship between local boards and local CABx

Local boards are a key part of Auckland's governance, enabling local representation and decision making on behalf of local communities. There are 21 local boards throughout the Auckland region from Rodney to Franklin.

Local boards have a significant and wide-ranging role that spans most council services and activities. Local boards represent their communities, make decisions on local matters including local facilities, provide local leadership and support strong local communities. Local boards provide important local input into region-wide strategies and plans including those of the council-controlled organisations (CCOs).

Relationships between local boards and local CABx are at different stages of development, which reflect their specific local situation. Some local boards have more than one CABx in their area, and some local boards are serviced from their neighbouring local board area. However, the local board is a primary stakeholder in any local CABx. The local board’s role includes decision-making in relation to locations and leasing of community facilities, many of which accommodate local CABx. The local CABx role is to provide local information, advice, referral and client advocacy services to meet the needs of the local community. The intention of this Agreement is to support development of successful long-term local board-local CABx relationships for mutual benefit. There will continue to be different relationships in different local board areas, reflect their specific local context, preferences and priorities.

The process for successful collaboration between local boards and local CABx

To fulfil the intent of this strategic relationship agreement the following actions will be undertaken:

· To promote information sharing, local CABx will report to their relevant local board on a quarterly basis on service usage and other matters of interest (emerging trends and local issues). This may be done as a cluster in a local board area. The expectation is that as part of this reporting process local bureau will give an annual presentation at a local board meeting at least once a year.

· To develop and maintain the relationship between local boards and local CABx, regular meetings will be set up for the purpose of sharing emerging trends. The frequency and format of those meetings should be agreed with the local board Chair and/or the local board portfolio lead.

· Regular meetings will provide for CABx to contribute to empowering and enabling communities and improve service delivery.

· Each local board – local CABx will focus on relationship development and implementation will be designed to build on local strengths and successes and respond to the specific needs of the local area and its community.

The key outputs of successful collaboration between local boards and local CABx

The key outputs of a successful collaboration include:

§ Reporting to local boards e.g. on service usage and other matters of interest

§ Informal updates and check-ins

§ Opportunities to provide input into future local community development and CABx service development

§ Opportunities for co-location or location in Auckland Council-owned facilities.

Each local board – local CABx relationship development and implementation will be designed to build on local strengths and successes and respond to the specific needs of the local area and its community.

Auckland Libraries’ Relationship with ACABx

Local libraries and local CABx have good established relationships. Libraries provide access to information, CABx provide facilitated access to information and unique advice tailored to the situation of the client. The intention of this agreement is to strengthen and develop relationships between Auckland Libraries and ACABx in order to strengthen areas for working together.

This will include:

Twice-yearly meetings, incorporated into the general meeting schedule, will include a senior manager in Libraries and an ACABx representative to share information, build relationships, and develop effective mechanisms for addressing matters over which the services need to co-operate, particularly within co-located facilities. It is expected that local libraries via the Community Library Manager will also be in relationship with their local CABx.

Reporting

As part of each organisation’s annual planning process, elected/board members and staff of both organisations will come together for a workshop each year. This workshop will be an opportunity to discuss shared issues and projects related to the setting of forthcoming work programmes.

Regular meetings (four to six annually) will be held to support the joint relationship and achievement of the shared work programme. These meetings will focus on:

§ Reviewing progress against the work programme, including timeframes, outcomes and resourcing

§ Sharing information, issues and opportunities and ensuring delivery of the shared work programme

§ General relationship strengthening

§ Celebrating successes

Conflict Management

Both organisations are committed to address any issues that may arise by communicating honestly and openly and at an early stage.

However, if necessary, the Chief Executive of Auckland Council and the ACABx Board Chair, or their delegates, agree to meet and work through any serious issue or conflict in a sensible and practical manner.

If a resolution is not reached via this process, both parties will participate in mediation with a mutually acceptable mediator appointed if necessary by the Chairperson of LEADR NZ Inc. (Lawyers Engaged in Alternative Dispute Resolution).

Evaluation

Both organisations are committed to evaluate and review performance, not only in terms of shared work programmes (via achievement of key milestones and outcomes noted in the shared work programme), but also the effectiveness of this relationship agreement. The latter evaluation will be built into the annual workshop between both organisations and a broader biennial relationship review undertaken as part of the development process of any further agreement between the parties.

Schedule 3. Biennial Work Priority Areas

· Shared Outcomes and Key Work Priority Areas

As noted in this strategic relationship agreement, the Auckland CABx and local councils have worked together for many years and both organisations acknowledge the contribution that each has made.

This agreement reflects a partnering way of working, which is also reflected in the biennial work priority areas with key resourcing to support shared projects over the two-year period identified in Auckland Council’s Long-term Plan 2015-2025 and ACABx Strategic Plan.

Work Priority Areas for the 2016-2018 period include:

§ Partnering –clarifying the Council-ACABx relationship framework in practice

§ Annual work programme development–refining the annual joint programme of work that will progress our shared outcomes

§ Policy development–enabling a process for ACABx to contribute to council’s social policy development

Additional priorities can be incorporated to the biennial work programme, providing there is shared agreement and careful consideration of resourcing implications.

BIENNIAL WORK PROGRAMME FOR 2016/2017 – 2017/18

Objectives	Parties Involved	Outputs
1. Partnering Support development of the collaborative relationship and partnering as a fundamental way of working. Define approach and language to build upon this agreement and to be built into ongoing agreements.	ACABx representatives and Community Empowerment Unit (CEU), Auckland Council staff	Partnering language and approach developed collaboratively and clearly articulated and documented by ACABx and council by June 2017.
2. Annual work programme development Acknowledging both parties are working toward outcomes to contribute to positive social change at a local and regional level – refine the joint programme of work. Year one – Work collaboratively to define approach and tools that ensure the value and outcomes of ACABx work is communicated and measured working towards a better articulation of the value that CABx provide to Auckland communities. Build capability to address network provision, including development of tools to ensure ACABx and CABx responsiveness to : · growth in service need or provision particularly relating to vulnerable communities · demographic change · information exchange needs · digital service provision Year two – Test and apply approach to be completed and reviewed at the end of year two.	ACABx representatives and CEU staff	Co-develop via regular meetings a model of gathering and analysing, information and communicating the impact of CABx in the community. Co-develop model that will capture both quantitative (how much did we do), and qualitative (how well did we do it?) and impact (what changed as a result) data. Agree model by June 2017 for application in 2017-18 year by ACABx. Co-develop and agree approach and tools for responding to the changing needs of Auckland’s communities to be tested in 2017-18 year by ACABx. From June 2017 apply model of capturing, reporting and communicating impact and responsive network provision. March-June 2018 collaboratively review application of the model.
3. Policy development – analyse and interpret statistics, case studies, anecdotal evidence, knowledge and experience to share to support policy development enabling positive social change within Auckland’s communities.	ACABx and CABx representatives, CEU, RIMU, Community and Social Policy staff	Co-develop an approach to ensuring information is shared effectively and communicated in a way that is valuable for all parties. AC will work with ACABx so that relevant ACABx information is received and distributed across Council and informs Council policies and practice. Approach to be developed and confirmed by June 2017 and applied in the financial year 2017-18.

Devonport-Takapuna Local Board

16 August 2016

CABx services are provided at the following sites as well as through 0800FORCAB (0800367222) and www.cab.org.nz.

The following table denotes the service as at May 2016. Hours of operation are subject to change.

CAB Site	Address	Weekdays		Saturdays	Local Board
Albany (Agency of Browns Bay)	Upper Harbour Local Board Office 3 Kell Drive, Albany	Mon	12.00pm - 2.00pm		Upper Harbour
Avondale	Carpark behind Avondale Library 93 Rosebank Road, Avondale	Mon-Fri	9.30am - 1.00pm		Whau
Birkenhead	Birkenhead Library Building Cnr Rawene Road and Hinemoa Street, Birkenhead	Mon-Fri	9.00am - 4.30pm		Kaipatiki
Botany (Agency of Pakuranga)	25I Town Centre Drive, Botany Town Centre, East Tamaki	Mon-Fri	9.30am - 1.00pm		Pakuranga
Browns Bay	2 Glen Road, Browns Bay	Mon-Fri	9.00am - 4.30pm		Hibiscus and Bays
CAB Language Link (Not funded by AC)	521D Mt Albert Road, Three Kings	Mon-Fri	9.00am - 4.00pm		Puketepapa
Central Auckland	First Floor, Central Auckland Library 44-46 Lorne Street, Auckland CBD	Mon-Thu	9.30am - 4.30pm	10.00am - 12.00pm	Waitemata
Central Auckland		Fri	11.00am – 3.00pm	10.00am - 12.00pm	Waitemata
Eden-Albert	Adjoining Mt Albert Library Building 82 St Lukes Road, Mt Albert	Mon-Fri	9.00am - 4.00pm		Albert-Eden
Glen Eden	Glen Eden Library Complex Cnr Glendale Road and Glenmall Place, Glen Eden	Mon-Fri	9.00am - 4.30pm		Waitakere Ranges
Glen Innes	Plunket Rooms 100 Line Road, Glen Innes	Mon-Fri	9.00am - 4.00pm	9.30am – 11.00am [Legal Advice Clinic by appointment only]	Maungakiekie-Tamaki

CAB Site	Address	Weekdays		Saturdays	Local Board
Glenfield	Glenfield Library Building 90 Bentley Avenue, Glenfield	Mon-Fri	9.00am - 4.30pm		Kaipatiki
Grey Lynn-Ponsonby	Grey Lynn Community Centre 510 Richmond Road, Grey Lynn	Mon-Fri	9.00am - 4.00pm	9.00am – 4.00pm	Waitemata
Helensville	27 Commercial Road, Helensville	Mon-Fri	10.00am - 3.00pm		Rodney
Henderson	11 Trading Place, Henderson	Mon-Fri	9.00am - 4.30pm		Henderson-Massey
Hibiscus Coast	Orewa Community Centre 40-46 Orewa Square, Orewa	Mon-Fri	9.00am - 3.30pm	10.00am - 1.00pm	Hibiscus and Bays
Mangere	Shop 17, Orly Avenue Mangere Town Centre	Mon-Fri	9.00am - 4.00pm	9.30am - 12.30pm	Mangere-Otahuhu
Manurewa	Library Complex 7J Hill Road, Manurewa	Mon-Fri	9.00am - 4.00pm	9.00am - 11.00pm	Manurewa
Massey	Massey Library Building Cnr Don Buck Road and Westgate Drive Massey	Mon-Fri	9.00am - 4.30pm		Henderson-Massey
Mt Roskill	Mt Roskill Library Building 546 Mt Albert Road, Three Kings	Mon, Wed, Thu	9.30am - 4.00pm	10.00am – 12.00pm	Puketepapa
Mt Roskill	Mt Roskill Library Building 546 Mt Albert Road, Three Kings	Tue, Fri	9.30am - 1.00pm	10.00am – 12.00pm	Puketepapa
New Lynn	New Lynn Library Building 3 Memorial Drive, New Lynn	Mon-Fri	9.00am - 4.30pm	10.00am - 1.00pm	Whau
Northcote	Northcote Library Buildings 5 Ernie Mays Street, Northcote	Mon-Fri	9.15am - 3.30pm		Kaipatiki
Onehunga	Onehunga Community Centre and Library Building 83 Church Street, Onehunga	Mon, Tue, Thu, Fri Wed	9.30am - 4.00pm 9.30am – 5.15pm	10.00am - 12.00pm	Maungakiekie-Tamaki
CAB Site	Address	Weekdays		Saturdays	Local Board
Otahuhu (Agency of Mangere)	Toia Precinct, 30-34 Mason Avenue, Otahuhu	Mon-Fri	10.00am – 2.00pm		Mangere-Otahuhu
Otara	Shops 1 and 2, 46 Fair Mall Bairds Road, Otara Town Centre	Mon-Fri	9.00am – 4.00pm	9.00am – 12.00pm	Otara-Papatoetoe
Pakuranga-Eastern Manukau	Pakuranga Library Building Aylesbury Street, Pakuranga	Mon-Fri	9.00am - 4.30pm	9:30am - 11:30am	Howick
Panmure-Ellerslie	Panmure Community Centre 7-13 Pilkington Road, Panmure	Mon-Fri	9.30am – 12.45pm		Maungakiekie-Tamaki
Papakura	4a Opaheke Road Papakura	Mon-Thu	9.00am - 4.30pm		Papakura
Papakura	4a Opaheke Road Papakura	Fri	9.00am – 4.00pm		Papakura
Papatoetoe	35a St George Street, Papatoetoe	Mon-Fri	9.00am - 4.00pm	9.00am – 12.00pm	Otara-Papatoetoe
Remuera-Eastern Bays	4 Victoria Avenue, Remuera	Mon-Fri	9.00am - 5.00pm		Orakei
Sylvia Park	Shop N230, Level 1, Sylvia Park Mall 286 Mt Wellington Highway, Sylvia Park	Mon-Fri	9.00am - 4.30pm	10.00am – 12.00pm	Maungakiekie-Tamaki
Takapuna	Takapuna Community Services Building 7 The Strand, Takapuna	Mon-Fri	9.00am - 4.30pm		Devonport-Takapuna
Takapuna	Takapuna Community Services Building 7 The Strand, Takapuna	Thu	7.00pm – 8.30pm		Devonport-Takapuna
Waiheke	141 Ocean View Road, Oneroa, Waiheke	Mon-Fri	9.00am - 1.30pm	9.00am - 12.00pm	Waiheke
Wellsford	Wellsford Community Centre 1 Matheson Road, Wellsford	Mon-Fri	10.00am - 3.00pm		Rodney

Devonport-Takapuna Local Board

16 August 2016

Approving an alcohol ban for 11 Killarney Street and part of The Promenade, Takapuna.

File No.: CP2016/10678

Purpose

1. To decide whether to approve an alcohol ban for 11 Killarney Street, and part of The Promenade, Takapuna.

Executive summary

2. Residents of Takapuna have asked the council to approve a permanent alcohol ban for 11 Killarney Street and part of The Promenade, Takapuna.

3. Under the Auckland Council Alcohol Control Bylaw 2014, local boards have the delegated authority to make permanent alcohol bans.

4. Alcohol bans prohibit the consumption or possession of alcohol in specified areas at specified times. Alcohol bans are enforced by the New Zealand Police, who consider that permanent alcohol bans significantly assist in reducing alcohol related crime and disorder in public areas.

5. In determining whether to approve a permanent alcohol ban, the local board must be satisfied on several points, the most important of which are that:

· the proposed ban area is subject to a high level of alcohol related crime or disorder

· the proposed ban is proportionate in light of the evidence and can be justified as a reasonable limitation on people’s rights and freedoms.

6. One resident and spokesperson of other residents, and the affected landowner, have provided evidence of alcohol related disorder in this area, including regular broken bottles and alcohol litter, excessive noise, public urination and aggressive behaviour.

7. There are three reasonably practicable options presented for the local boards consideration:

· Option one: extend the current Takapuna town centre ‘at all times’ alcohol ban to cover this area.

· Option two: make a new 7.00pm Thursday to 7.00am Friday alcohol ban for this area.

· Option three: do not make an alcohol ban in this area (status quo).

8. Based on the evidence provided, staff recommend option one as the most practical and effective approach to reduce alcohol related disorder in the area.

Recommendations

That the Devonport-Takapuna Local Board:

Either

a) extend the Takapuna town centre ‘at all times’ alcohol ban to the public outdoor areas of 11 Killarney Street, and part of The Promenade, Takapuna, as shown on the map in Attachment A to the agenda report, effective from 16 November 2016.

b) make a new 7.00pm Thursday to 7.00am Friday alcohol ban for the public outdoor areas of 11 Killarney Street, and part of The Promenade, Takapuna, as shown on the map in Attachment A to the agenda report, effective from 16 November 2016.

c) decline the alcohol ban for the public outdoor areas of 11 Killarney Street, and part of The Promenade, Takapuna, on the basis that there is insufficient evidence to justify it.

Consideration

Background

9. Residents of Takapuna have requested that the council approve a permanent alcohol ban (the proposed ban) for 11 Killarney Street (a church, vicarage, and kindergarten), and a small part of The Promenade, Takapuna, as shown in the map in Attachment A.

10. Alcohol bans help to reduce alcohol related harm by prohibiting the consumption or possession of alcohol in public places. Alcohol bans are enforced by the New Zealand Police (police). Under section 169 of the Local Government Act 2002, police have the powers of search, seizure of alcohol, $250 infringement notices, and arrest for breaches of an alcohol ban. Police consider that alcohol bans significantly assist in reducing alcohol related disorder in public places.

11. Under the Auckland Council Alcohol Control Bylaw 2014, local boards have delegated authority to make and extend alcohol bans. The proposed ban is located in the Devonport-Takapuna Local Board area.

12. In determining whether to approve a permanent alcohol ban, the local board must be satisfied that the proposed ban complies with clause 7(2) of the Auckland Council Alcohol Control Bylaw 2014. This means the local board must:

· have evidence that the area to which the proposed ban is intended to apply has experienced a high level of crime or disorder that can be shown to have been caused or made worse by alcohol consumption in the area

· be satisfied that the proposed ban is appropriate and proportionate in the light of that crime or disorder

· be satisfied that the proposed ban can be justified as a reasonable limitation on people's rights and freedoms

· consider community focused solutions as an alternative to or to complement the proposed ban

· consider the views of police, Māori, and owners, occupiers, or persons that the council has reason to believe are representative of the interests of owners or occupiers, within the area to which the proposed ban will apply

· consider using one of the following times for consistency:

o 24 hours, seven days a week (‘at all times’ alcohol ban)

o 7.00pm to 7.00am daily (evening alcohol ban)

o 10.00pm to 7.00am during daylight savings, and 7.00pm to 7.00am outside of daylight savings (night time alcohol ban)

o 7.00pm on the day before to 7.00am on the day after any weekend, public holiday or Christmas/New Year holiday period (weekend and holiday alcohol ban).

13. Takapuna town centre is already covered by a permanent ‘at all times’ alcohol ban (see map in Attachment B). This is due to the high number of licensed bars and restaurants in the area, around which alcohol consumption in public places (preloading) occurs. Preloading can lead to alcohol related disorder.

Evidence and findings

14. A resident near the proposed ban area has provided evidence of disorder specifically linked to the consumption of alcohol in the area. This evidence includes photographs of alcohol related litter and broken bottles (see Attachment C), and testimony of regular excessive noise, offensive language, public urination and aggressive behaviour (see Attachment D).

15. Recorded incidents of alcohol related disorder occur on Thursday nights through to Friday mornings. People park and preload in the area, then return after visiting bars in Takapuna town centre.

16. Consideration has been given to community focused solutions. Police have advised residents of the area to make 111 calls when necessary, and to approach people drinking alcohol but only if the situation appears safe. Implementation of increased lighting or demarcation (e.g. lockable gates) at 11 Killarney Street would be an unfair cost on the landowner given that the alcohol related issues are not the landowner’s fault. Residents continue to clean up the alcohol litter in the area.

17. An alcohol ban for the area is supported by police and would enable the police to address alcohol related disorder.

Options and risks

18. The following reasonably practicable options have been identified:

· Option one: extend the current Takapuna town centre ‘at all times’ alcohol ban to cover this area.

· Option two: make a new 7.00pm Thursday to 7.00am Friday alcohol ban for this area.

· Option three: do not make an alcohol ban in this area (status quo).

· The tables below assess the advantages, disadvantages and risks associated with each option, with particular reference to the decision making criteria above.

Option one: Extend the current Takapuna town centre ‘at all times’ alcohol ban to cover this area.

	Analysis
Advantages	· Addresses the concerns raised by police and residents. · Supported by police and residents. · Consistent with the adjacent Takapuna town centre ‘at all times’ alcohol ban. · Having the same rules in bordering areas will increase the likelihood of compliance for both residents and visitors, increasing effectiveness. · Makes police enforcement clear and consistent.
Disadvantages and risks	· The evidence of alcohol related disorder only relates to Thursday nights and Friday mornings. Therefore an ‘at all times’ alcohol ban could be considered disproportionate. · There is low risk of legal challenge based on the lack of evidence of alcohol related disorder outside of the Thursday night to Friday morning time period.
Risk mitigation	· Uses the same level of evidence and the same analysis criteria that have been used to adopt other alcohol bans in the area.

Option two: Make a new 7.00pm Thursday to 7.00am Friday alcohol ban for the area.

	Analysis
Advantages	· Addresses the concerns raised by police and residents. · The proposed ban times align with the times at which the evidence of disorder occurs.
Disadvantages and risks	· Doesn’t align with the adjacent Takapuna town centre ‘at all times’ alcohol ban. · Different rules in bordering areas are less easy for both residents and visitors to understand. This increases the likelihood of non-compliance and potentially reduces the effectiveness of the intervention. · Makes police enforcement less clear and inconsistent. · Does not account for the fact that the current disorder could change and occur on other days.
Risk mitigation	· Clear signage will be installed advising residents and visitors of the timing of the ban.

Option three: Do not make an alcohol ban in this area (status quo)

	Analysis
Advantages	· No risk of legal challenge.
Disadvantages and risks	· Continuation of current alcohol related disorder in the area, requiring police time and resources. · Potential for conflict between local residents and intoxicated people.
Risk mitigation	· Police and residents will be able to collect further evidence for reconsideration at a later time.

19. Although the timings included in option two are more consistent with the evidence provided (and therefore less likely to be legally challenged); option one provides a more practical solution that will be easier for the public to understand and comply with, which in turn increases effectiveness. It would also be easier for the police to enforce.

20. It is recommended that the local board extend the Takapuna town centre ‘at all times’ alcohol ban to cover the area shown in Attachment A. The proposed ban meets the criteria stated at paragraph 11 of this report, given:

· the evidence supplied relating to alcohol disorder

· the relatively small and restricted area the proposed ban will cover (part of a road and a private car park)

· no reasonable alternative community focused solutions

· support for the proposed ban from the affected landowner, nearby residents’ representative, and local police

· the existing ‘at all times’ alcohol ban in the adjacent Takapuna town centre.

Local board views and implications

21. The local board previously approved the Takapuna town centre ‘at all times’ alcohol ban on October 2015 (resolution DT/2015/206) shown on the map in Attachment B.

Māori impact statement

22. Alcohol bans have the potential to reduce alcohol related harm, increasing health and wellbeing. These goals are consistent with the desired outcomes of the Māori Plan for Tāmaki Makaurau. Iwi were consulted widely in 2015 on the use of alcohol bans and have previously been supportive.

Police and community views

23. Police support the proposed ban. They also support the proposed ban applying ‘at all times’. Residents of Takapuna have provided evidence of disorder to support the proposed ban (see Attachment D).

24. Auckland residents were widely consulted in making the Takapuna town centre alcohol ban in 2015. Eight residents submitted on the Takapuna town centre alcohol ban in September 2015 and provided evidence of alcohol related disorder in Takapuna town centre.

25. The owner of 11 Killarney Street supports the proposed ban (see Attachment E), provided that the proposed ban does not affect the buildings on the property, such as the church during Communion (which involves consuming wine). The proposed ban is recommended to cover public outdoor areas only.

Implementation

26. If the proposed ban is approved, the council will notify police, the owner of 11 Killarney Street, nearby affected residents and the council’s alcohol licensing inspectors.

27. The council will cover the cost of new alcohol ban signage in the area and public notification of the alcohol ban.

28. Police will enforce the alcohol ban.

29. If the proposed ban is declined the council will notify police, the owner of 11 Killarney Street and nearby affected residents of the decision.

Attachments

No.	Title	Page
a	Map of the proposed ban at 11 Killarney Street and part of The Promenade, Takapuna (Under Separate Cover)
b	Map of the existing Takapuna town centre alcohol ban area (Under Separate Cover)
c	Photos of alcohol litter (Under Separate Cover)
d	Written accounts of disorder from Takapuna residents and police (Under Separate Cover)
e	Landowner's consent to the proposed ban (Under Separate Cover)

Signatories

Authors

Tim Court - Policy Analyst

Michael Sinclair - Manager Social Policy and Bylaws

Authorisers

Kataraina Maki - GM - Community & Social Policy

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 August 2016

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

File No.: CP2016/17033

Purpose

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

Executive Summary

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

· 44 Merani Street, Belmont

· 2/28 Prospect Terrace, Milford; and

· 4 Flagstaff Terrace, Devonport (revocation deferred from 19 July 2016).

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

Recommendation/s

That the Devonport-Takapuna Local Board:

a) determine the application, by way of resolution, to grant the application for special exemption as sought for the property at 44 Merani Street Belmont with the condition that NZS 8500-2006 clause (a-k) is met at all times and the spa remain in the same location.

b) determine the application, by way of resolution, to grant the application for special exemption as sought for the property at 2/28 Prospect terrace, Milford, with the condition that the self-closing and self-latching devices are kept in good working order

c) determine the application, by way of resolution, to revoke the existing exemption for 4 Flagstaff Terrace, Devonport after 27 July 2017, as the owner of the property and the circumstances relating to the exemption have changed, and there is a significant danger to young children.

Comments

Background

2. Auckland Council pool inspectors have inspected each property for which an application for special exemption from the Fencing of Swimming Pools Act 1987 (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.

3. 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

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

5. 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.

6. An exemption can only be granted by the local board after 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.

7. 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.

8. 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.

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

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

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

10. 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

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

12. 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.

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

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

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

Maori impact statement

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

Implementation

17. The decision must be made by resolution.

Attachments

No.	Title	Page
a View	44 Merani Street, Belmont (Under Separate Cover) - Confidential
b View	2-28 Prospect Terrace, Milford (Under Separate Cover) - Confidential
c View	4 Flagstaff Terrace, Devonport (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Sally Grey - Manager Weather Tightness & Compliance

Eric Perry - Relationship Manager

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

Devonport Takapuna	Takapuna	Takapuna Community Services Building 1-7 The Strand Takapuna	$0	$1	$2,450	$2,451
Devonport Takapuna	North Shore	Mary Thomas Centre 3 Gibbons Road	$0	$1	$600	$601

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