Agenda of Rodney Local Board Parks, Culture and Community Development Committee

I hereby give notice that an ordinary meeting of the Rodney Local Board Parks, Culture and Community Development Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Monday, 8 August 2016

2.00pm

Rautawhiri Park Hall
Rautawhiri Road
Helensville

Rodney Local Board Parks, Culture and Community Development Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Beth Houlbrooke
Deputy Chairperson	Greg Sayers
Members	James Colville
	Warren Flaunty, QSM
	Steven Garner
	Thomas Grace
	John McLean
	Phelan Pirrie
	Brenda Steele

(Quorum 5 members)

Raewyn Morrison

Local Board Democracy Advisor

1 August 2016

Contact Telephone: (09) 427 3399

Email: raewyn.morrison@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Board Member

Organisation

Position

James Colville

St Marys Church Wellsford, Parish Council

Federated Farmers Auckland

Wellsford Drama Club

Wellsford Promotions

Landowners and Contractors Protection Assn.

Member

Warren Flaunty, QSM

Westgate Pharmacy Ltd

NorSGA Properties Ltd

The Trust Community Foundation Ltd

Henderson-Massey Local Board

Waitemata District Health Board

Taupaki Residents and Ratepayers Assn.

North West Pharmacy

Contractor/Director

Director

Member

Elected Member

Member

Contractor/Director

Steven Garner

(Deputy Chairperson)

Mahurangi College Board of Trustee

Warkworth Tennis and Squash Club

Trustee

Member

Thomas Grace

Kumeu Rotary

South Kaipara Community Patrol

Rally New Zealand

Targa New Zealand

Waimauku Lions

Auckland Conservation Board

Federated Farmers

Northern Sports Car Club

Graceland Properties

Kumeu Community Patrol

President

Member

Director

Member

Beth Houlbrooke

Greater Auckland Chorus (Charitable Trust)

Sweet Adelines New Zealand (Charitable Trust)
ACT NZ

Baddeleys and Campbells Beach Residents and Ratepayers Assn.

Kawau Island Boat Club

Member

Contractor

Member

John McLean

Albany CoCo

De Paul House

Furniture for Schools Charitable Trust

Newpark Financial

Coatesville Residents and Ratepayers Association

Member

Supporter

Trustee

Shareholder

Member

Phelan Pirrie

Muriwai Environmental Action Community Trust

North West District Business Association

Muriwai Community Association

Muriwai Volunteer Fire Brigade

Best Berries (NZ) Ltd

Trustee

Member

Officer in Charge

Director/Shareholder

Greg Sayers

Rotary Club of Auckland

Neighbourhood Support Rodney

Member

Brenda Steele

(Chairperson)

Te Uri o Hau

Ngati Whatua o Kaipara

Kaipara Cruising Club

Beneficiary

Member

Rodney Local Board Parks, Culture and Community Development Committee

08 August 2016

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

8.1 Helensville Art Centre 5

8.2 Proposal for a bike and skatepark at Warkworth Showgrounds 6

8.3 Kumeu Arts Centre 6

9 Public Forum 6

9.1 Pasifika event at Mahurangi College 6

10 Extraordinary Business 7

11 Notices of Motion 7

12 Rodney Greenways Plan, Riverhead/Kumeu/Huapai/Waimauku - Open Consultation 9

13 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 27

14 Deputation/Public Forum Update 31

15 Rodney Local Board Workshop Records 35

16 Consideration of Extraordinary Items

PUBLIC EXCLUDED

17 Procedural Motion to Exclude the Public 43

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

a. 79 Potter Road, Coatesville

b. 20 Crabb Fields Lane, Riverhead

c. 4 Orchard Terrace, Riverhead

d. 275 Wishart Road, RD2, Helensville

e. 850 Coatesville-Riverhead Highway, Coatesville

1 Welcome

2 Apologies

An apology from Member WW Flaunty has been received.

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) confirm the ordinary minutes of its meeting, held on Monday, 13 June 2016, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Rodney Local Board Parks, Culture and Community Development Committee. 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.

8.1 Helensville Art Centre

Purpose

1. Representatives from Helensville Art Centre will be in attendance to give a presentation to the Rodney Local Board on the activities of the art centre.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank the representatives from Helensville Art Centre on their presentation regarding activities of the art centre.

8.2 Proposal for a bike and skatepark at Warkworth Showgrounds

Purpose

1. Mark Illingworth of Mahurangi Community Sport and Recreation Collective and Nicola Jones have requested a deputation slot with the Rodney Local Board Parks, Culture and Community Development Committee to outline a proposal for a bike and skatepark at the Warkworth Showgrounds.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank Mark Illingworth of Mahurangi Community Sport and Recreation Collective and Nicola Jones for their presentation on a proposal for a bike and skatepark at the Warkworth Showgrounds.

8.3 Kumeu Arts Centre

Purpose

1. Representatives from Kumeu Art Centre will be in attendance to give a presentation on the activities of the Kumeu Art Centre and to discuss the proposed redevelopment of the art centre.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank the representatives from the Kumeu Art Centre for their presentation on the activities of the art centre and the proposal for redevelopment of the art centre.

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.

9.1 Pasifika event at Mahurangi College

Purpose

1. Neville Johnson will give a presentation on the proposed Pasifika event at Mahurangi College.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) thank Neville Johnson for his presentation on the Pasifika event that is proposed to be held at Mahurangi College in 2016.

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

11 Notices of Motion

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

Rodney Local Board Parks, Culture and Community Development Committee

08 August 2016

Rodney Greenways Plan, Riverhead/Kumeu/Huapai/Waimauku - Open Consultation

File No.: CP2016/16218

Purpose

1. To outline the approach and seek approval to proceed with the next phase of ‘Open Consultation’ on the Greenways Plan for Riverhead/ Kumeu/ Huapai/ Waimauku.

Executive summary

2. The Rodney Local Board, Parks, Culture and Community Development Committee, at their 16 November 2015 meeting, received the methodology and budget expenditure for the two current Rodney Greenways Plans (1. Riverhead/ Kumeu/ Huapai/ Waimauku and 2. Warkworth/ Matakana/ Snells Beach). Following the meeting, the methodology was aligned with a project programme to ensure delivery of Riverhead/ Kumeu/ Huapai/ Waimauku before the end of December 2016 and Warkworth/ Matakana/ Snells Beach, before the end of May 2017.

3. The project programme remains on track following completion of research including local board member, internal, external and Iwi stakeholder engagement workshops, and ‘targeted’ public consultation sessions.

4. The project is now at a point where approval is required from the local board to move to the ‘open’ consultation phase.

5. Open Consultation information and maps have been produced (Attachment A), which will be utilised to consult on the final development of a plan for local board approval. The proposal is to consult the public in accordance with the draft Open Consultation engagement plan (Attachment B).

6. The project team is on target to present back to the local board, a final draft for approval at their December 2016 business meeting.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) approve the proposed approach and materials for open consultation on the Greenways Plan for Riverhead/ Kumeu/ Huapai/ Waimauku, as detailed in Attachments A and B to the agenda report.

Comments

7. In November 2015, the Rodney Local Board, Parks, Culture and Community Development Committee reviewed the methodology and project timeframe for the delivery of a Greenways Plan for Riverhead/ Kumeu/ Huapai/ Waimauku.

8. Following the meeting a project programme was produced. The programme has five key phases:

1) Research (desk and ground based), including GIS mapping;

2) Local board member, internal, external agency stakeholders and Iwi engagement;

3) Targeted consultation with identified interested external stakeholders, including follow up investigation into viability;

4) Open consultation - a wider consultation exercise, extending beyond interested stakeholders; including follow up investigation into viability;

5) Rodney Local Board adoption of the Riverhead/ Kumeu/ Huapai/ Waimauku Greenways Plan.

9. Phases one to three have been completed and the project is now seeking local board approval to progress to the ‘Open Consultation’ phase, which is scheduled to take place from 5 – 30 September.

10. The open consultation process endeavours to engage and consult with a broad range of people and in particular those that do not normally contact or engage with council.

11. Attachment A is the relevant greenways information and maps that will be presented in various formats i.e. hardcopy, digital copies, display panels, summarised versions, promotional flyers / posters etc. either in person, static displays, through Shape Auckland and traditional media and social media. A draft consultation and engagement plan has been produced (Attachment B), which provides an overview of where, when, what and how the open consultation and engagement will take place.

12. The project programme is on target to return to the Rodney Local Board, with a final draft for adoption at their business meeting in December 2016.

Consideration

Local board views and implications

14. The Greenways Plans for Rodney are supported through the Rodney Local Board Plan, local board agreement and Locally Driven Initiatives funding 2015/2016 and 2016/2017 financial years. The Parks, Culture and Community Development Committee reviewed the project methodology and key milestones at their 16 November 2015 business meeting, and members have attended internal stakeholder and targeted consultation engagement sessions.

Māori impact statement

15. Iwi engagement with representatives from Ngāti Whātua o Kaipara (Maunga Whakahii o Kaipara Trust) and Te Kawerau a Maki was held, following initial research and GIS mapping, local board member, internal and external agency stakeholder workshops. Iwi will also be invited to participate through the proposed open consultation channels.

Attachments

No.	Title	Page
a View	Open consultation information and maps	11
b View	Draft open consultation engagement plan	25

Signatories

Authors

Don Lawson - Parks Advisor

Authorisers

Lesley Jenkins - Relationship Manager

Mace Ward - General Manager Parks, Sports and Recreation

Rodney Local Board Parks, Culture and Community Development Committee

08 August 2016

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

File No.: CP2016/15726

Purpose

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

Executive Summary

2. Applications for an exemption for swimming or spa pools have been received from the owners of:

· 79 Potter Road, Coatesville

· 20 Crabb Fields Lane, Riverhead

· 4 Orchard Terrace, Riverhead

· 275 Wishart Road, RD2, Helensville

· 850 Coatesville-Riverhead Highway, Coatesville

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

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

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee :

a) grant the application for special exemption as sought for 79 Potter Road, Coatesville with the following conditions:

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

ii. The steps are moved 1.2m from the spa when it is not in use

iii. that the spa remain in this location.

b) grant the application for special exemption as sought for 20 Crabb Fields Lane, Riverhead with the following conditions:

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

ii. the spa pool remain in this location.

c) grant the application for special exemption as sought for 4 Orchard Terrace, Riverhead with the following conditions:

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

ii. the spa pool remain in this location.

d) grant the application for special exemption as sought for 275 Wishart Road, RD2, Helensville with the following conditions:

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

ii. the spa pool remain in this location.

e) grant the application for special exemption as sought for 850 Coatesville-Riverhead Highway, Coatesville with the following conditions:

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

ii. the power socket has a 60 degree angle fillet fitted to make it non-climbable

iii . the spa remain in this location.

Comments

Background

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

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

Legislative implications

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

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

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

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

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

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

a) Making the exemption personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption

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

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

Consideration

Local board views and implications

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

Before making an exemption, the local board must consider:

· the particular characteristics of the property and the pool

· any other relevant circumstances

· conditions that it may consider necessary to impose.

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

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

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

Maori impact statement

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

Implementation

19. The decision must be made by resolution.

Attachments

No.	Title	Page
a View	79 Potter Road, Coatesville (Under Separate Cover) - Confidential
b	20 Crabb Fields Lane, Riverhead (Under Separate Cover) - Confidential
c	4 Orchard Terrace, Riverhead (Under Separate Cover) - Confidential
d	275 Wishart Road, RD2, Helensville (Under Separate Cover) - Confidential
e	850 Coatesville-Riverhead Highway, Coatesville (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Sally Grey - Manager Weather Tightness & Compliance

Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

08 August 2016

Deputation/Public Forum Update

File No.: CP2016/15723

Purpose

1. As part of its business meetings Rodney Local Board Parks, Culture and Community Development Committee has a period of time set aside for Deputations/Presentations and Public Forum during which time members of the public can address the local board on matters within its delegated authority.

Executive Summary

2. Under Standing Orders there is provision for Deputations/Presentations to the local board. Applications for Deputations/Presentations must be in writing setting forth the subject and be received by the Relationship Manager at least seven working days before the meeting concerned, and subsequently have been approved by the Chairperson. Unless the meeting determines otherwise in any particular case, a limit of ten minutes is placed on the speaker making the presentation.

3. Standing Orders allows three minutes for speakers in Public Forum.

4. Requests, matters arising and actions from the Deputations/Presentations and Public Forum are recorded and updated accordingly. The Rodney Local Board Parks, Culture and Community Development Committee Deputations/Presentations and Public Forum Update is attached as Attachment A.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) receive the Deputation/Public Forum Update.

Attachments

No.	Title	Page
a View	Deputation/Public Forum Update	33

Signatories

Authors	Raewyn Morrison - Local Board Democracy Advisor
Authorisers	Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

08 August 2016

Rodney Local Board Workshop Records

File No.: CP2016/15724

Purpose

1. Attached is the Rodney Local Board Parks, Culture and Community Development Committee workshop record for Tuesday 7 June and Monday 4 July 2016.

Executive Summary

2. The Rodney Local Board holds regular workshops. The Rodney Local Board Transport Planning and Infrastructure Committee and the Rodney Local Board Parks, Culture and Community Development Committee also hold regular workshops. Records of workshops are included in the relevant committee business agendas.

3. Attached for information are the records of the most recent workshop meetings of the Rodney Local Board Parks, Culture and Community Development Committee.

Recommendation/s

That the Rodney Local Board Parks, Culture and Community Development Committee:

a) workshop record for Tuesday 7 June and Monday, 4 July 2016 be accepted.

Attachments

No.	Title	Page
a View	Workshop records 7 June	37
b View	Workshop records 4 July	39

Signatories

Authors	Raewyn Morrison - Local Board Democracy Advisor
Authorisers	Lesley Jenkins - Relationship Manager

Rodney Local Board Parks, Culture and Community Development Committee

08 August 2016

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

That the Rodney Local Board Parks, Culture and Community Development Committee:

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

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

13 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachments a – E

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

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

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

In particular, the report contains personal information.

s48(1)(a)

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