Agenda of Waiheke Local Board

Waiheke Local Board

25 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 Waiheke Backpackers - Tim Moon 5

9 Public Forum 6

9.1 Cycle Action Waiheke - Tony King-Turner and Tanya Batt 6

9.2 Kauri Die Back - Hue Ross 6

9.3 Waiheke Youth Voice - Matariki Roche 6

10 Extraordinary Business 6

11 Notices of Motion 7

12 Councillor's Update 9

13 Kauri Health and Protection at Te Matuku Bay Track 11

14 Waiheke Local Board Performance Report for quarter ending June 2016 59

15 Draft Annual Report 2015/2016 - Waiheke Local Board report 95

16 Auckland Transport Update - August 2016 109

17 Panuku Development Auckland Local Board Update 1 January to 30 June 2016 113

18 Community Facilities Maintenance Contracts 2017 123

19 Easement Application at 5 Fourth Ave 143

20 Temporary arrangements for urgent decisions and staff delegations during the election period 151

21 Reports requested/pending 155

22 Governance Forward Work Programme 161

23 Waiheke Local Board Workshop Record of Proceedings 165

24 List of resource consents 169

25 Chairperson's Report 175

26 Consideration of Extraordinary Items

1 Welcome

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace….good peace.

2 Apologies

An apology has been recieved from member Ballard.

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 Waiheke Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 28 July 2016 and the extraordinary minutes of its meeting, held on Tuesday, 16 August 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 Waiheke 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.

8.1 Waiheke Backpackers - Tim Moon

Purpose

1. Tim Moon was in attendance to speak to the board regarding the backpackers at 419-421 Sea View Road, Onetangi.

Recommendation/s

That the Waiheke Local Board:

a) Thank Tim Moon for his attendance and presentation.

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 Cycle Action Waiheke - Tony King-Turner and Tanya Batt

Executive summary

1. Tony King-Turner and Tanya Batt were in attendance to talk to the board about congestion on Belgium Street.

Recommendation/s

That the Waiheke Local Board:

a) Thanks Tony King-Turner and Tanya Batt for their attendance and presentation.

9.2 Kauri Die Back - Hue Ross

Purpose

1. Hue Ross was in attendance to speak to the board about Kauri Die Back on Waiheke Island and the Fisher Road track.

Recommendation/s

That the Waiheke Local Board:

a) Thank Hue Ross for his attendance and presentation.

9.3 Waiheke Youth Voice - Matariki Roche

Purpose

1. Matariki Roche was in attendance to give the board an update on the Waiheke Youth Voice.

Recommendation/s

That the Waiheke Local Board:

a) Thank Matariki Roche for her attendance and presentation.

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.

Waiheke Local Board

25 August 2016

Kauri Health and Protection at Te Matuku Bay Track

File No.: CP2016/17905

Purpose

1. To note the information provided in the ‘State of Kauri Health on Waiheke Island’ report and approve kauri dieback prevention measures to be implemented on the Te Matuku Bay Track.

Executive summary

2. A survey of the state of kauri health on Waiheke Island was completed in 2014. The survey found no kauri dieback disease on Waiheke Island (see Attachment A).

3. Maintaining Waiheke’s current disease-free status is a high priority for Auckland Council’s kauri dieback programme. Additionally, precautionary management measures are being implemented to reduce any potential spread of the disease if an incursion should occur in the future.

4. To assist with this, a Kauri Dieback: Waiheke Protection Plan is being prepared to identify and implement priority actions to :

· prevent the introduction and establishment of the disease on the island – by minimising possible disease pathways through intervention, advocacy and education;

· implement site-specific measures to prevent the spread of (or contain) the disease to the infected site if it does become established.

5. Council staff are reviewing the draft protection plan to prioritise and finalise its recommendations. The complete plan will be tabled at the Waiheke Local Board’s September 2016 business meeting.

6. Auckland Council’s biosecurity unit are also supporting local parks and landowners where kauri are present, by providing them with phytosanitory supplies, technical advice and promotional material to ensure current best practice kauri dieback disease management is being implemented on the island.

7. In accordance with this best practise approach, it is recommended that the board approve a number of actions to be implemented as part of the Te Matuku Bay Track development and upgrade.

8. These include:

· ensuring that the track is 30 metres away from kauri where possible,

· that where tracks are closer than 30 metres to kauri, board walks are provided to protect the kauri from soil transfer and foot traffic disturbance,

· appropriate hygiene stations are installed and maintained as part of the track design.

Recommendations

That the Waiheke Local Board:

a) note the information in the State of Kauri Health on Waiheke report

b) note that a Kauri Dieback: Waiheke Protection Plan is being developed and will be provided to the board in September 2016.

c) approve the following kauri dieback prevention measures to be implemented through the Te Matuku Bay track design:

i) maintain a distance of 30 metres between the track and kauri where possible;

ii) where this is not possible, install board-walks as far away from kauri as practicable to reduce the transfer of soil to the kauri drip zone and protect the root zone from foot traffic disturbance;

iii) install, and maintain, fit for purpose hygiene stations along the track.

Comments

Background

9. Kauri dieback disease is caused by Phytophthora agathidicida. This fungus-like disease was formally identified in 2008 as a distinct and previously undescribed species of Phytophthora. It is specific to New Zealand kauri and can kill trees of all ages.

10. Microscopic spores in the soil infect kauri roots and damage the tissues that carry nutrients within the tree. Infected trees show a range of symptoms including yellowing of foliage, loss of leaves, canopy thinning, dead branches and lesions that bleed gum at the base of the trunk. Some infected trees can show canopy dieback and even be killed without any gum showing on the trunks as kauri dieback also acts as a severe root rot below ground.

11. In accordance with the Biosecurity Act and Resource Management Act, Auckland Council has a statutory responsibility to prevent the spread of and manage invasive species:

12. Kauri dieback disease is classified as an Unwanted Organism pursuant to the Biosecurity Act. It is an offence to knowingly spread an Unwanted Organism.

13. The Proposed Auckland Unitary Plan (PAUP) includes objectives and rules to minimise the risks of spreading kauri dieback in soil disturbance chapters.

14. During the Long-term Plan process, the governing body agreed that the council's level of service for our kauri dieback programme is the "Proportion of kauri areas on council land that have active management or exclusion measures in place for kauri dieback disease" increasing from 55% to 100% in 2018/19 onwards (LTP 2015-2025).

Kauri dieback prevention on Waiheke

15. In line with this target, kauri dieback protection measures have been undertaken on Waiheke since 2011 by Auckland Council’s biosecurity and parks units and Auckland Transport.

16. Education and advice is provided on a regular on ongoing basis through workshops, displays, network emails and attendance of events. Hygiene measures to prevent disease spread are implemented at specific community events.

17. At a regional level, significant work has been done to prevent the spread of the disease to Waiheke. However, with the highly mobile community, transportation and tourism operations, education and awareness is needed on a regular and ongoing basis.

State of Kauri Health on Waiheke report

18. A survey to ascertain the spread of kauri dieback on Waiheke was carried out by council staff in 2014 and 2015. The results of this survey are summarised in the State of Kauri Health on Waiheke report (attachment A).

19. Overall, the survey showed that Waiheke Island is currently disease free. The report also made specific recommendations for how to prevent the spread of kauri dieback on Waiheke Island.

20. In particular, it recommended that council staff and landowners should follow Standard Operating Procedures for Kauri Dieback (see attachment B).

21. Maintaining the current disease-free status of Waiheke is a high priority for Auckland Council’s kauri dieback programme. Additionally, precautionary management measures are recommended to reduce any potential spread of the disease if an incursion should occur in the future.

Kauri Dieback: Waiheke Protection Plan

22. A Kauri Dieback: Waiheke Protection Plan is being prepared to identify and implement priority actions to :

· prevent the introduction and establishment of the disease on the island – by minimising possible disease pathways through intervention, advocacy and education;

· implement site-specific measures to prevent the spread of (or contain) the disease to the infected site if it does become established.

23. This plan has been developed with input from key stakeholders on the island, including the Waiheke Local Board. It is currently being finalised and will be presented to the Waiheke Local Board at their September 2016 business meeting.

Recommendations for Te Matuku Bay Track

24. A project is underway to develop and upgrade the Te Matuku Bay Track. The board has requested guidance on how best to manage this track upgrade and development to minimise the risk of kauri dieback.

25. There is a strong scientific correlation between track proximity and kauri dieback disease. Avoiding kauri areas provides the best protection from the disease but this is not always practical or desirable.

26. In this case, it is recommended that the track project is delivered in accordance with the Standard Operating Procedures for Kauri Dieback which were developed and introduced throughout the council family during the 2015/16 year.

27. These procedures are designed to prevent the spread of the disease in the first instance, or contain its presence to infected locations.

28. Based on current scientific knowledge, the following best practice guidelines have been established:

· new tracks should avoid kauri, where possible

· existing tracks should be re-routed to avoid kauri, where possible

· where tracks do come close to kauri trees, the walking surface should be elevated away from kauri root zones by building board walks, where practical

· phytosanitory stations (trigene hygiene stations) and promotional material should be installed and maintained at track entrances.

29. It is recommended that these best practise guidelines are implemented on the Te Matuku Bay Track.

30. Going forward, council’s biosecurity unit will provide local parks with technical advice to ensure the designs for new tracks, such as the Te Matuku Bay Track, include best practice kauri dieback disease management to afford the highest level of protection to nearby kauri.

Consideration

Local board views and implications

31. A briefing on the results of the kauri dieback health survey was presented to some members of the Waiheke Local Board and members of the community on 24 May 2016. The briefing also included discussion on management approaches to prevent the disease entering the island.

32. At this meeting it was agreed that the State of Kauri Health on Waiheke report, the draft Kauri Dieback: Waiheke Protection Plan and recommendations for implementation be formally tabled for the local board’s consideration.

33. This report provides the State of Kauri Health on Waiheke report for the board’s consideration. The protection plan and recommendations for implementation will be tabled at the board’s September 2016 meeting.

Māori impact statement

34. Kauri is a taonga species and there is ongoing engagement with mana whenua to protect kauri and manage the disease is ongoing in many national and regional fora.

35. At a national level, the Tāngata Whenua Roopū provides strategic advice into all aspects of the kauri dieback programme focusing on preventing disease spread and addressing the impact of the disease on tāngata whenua and their communities.

36. The roopū works to ensure that kauri dieback programme incorporates mātauranga Māori in the response, and includes opportunities for tāngata whenua to build capacity to undertake surveillance, monitoring, managing and appropriately treating the disease and preventing the spread of the disease.

37. A regional level hui with iwi was held on 5 May 2016 to discuss the current distribution of the disease and opportunities for improving operational governance and co-ordination across the region.

Implementation

38. In collaboration with local parks, transport providers and community organisations, council’s biosecurity unit will ensure that the recommendations in this report are implemented on the Te Matuku Bay Track.

39. Council will also install standard hygiene stations and provide supplies for phytosanitary stations for existing track entrances in local parks and on private land where kauri are present.

Attachments

No.	Title	Page
a View	State of Kauri Health on Waiheke Island	15
b View	Standard Operating Procedures for Kauri Dieback	43

Signatories

Authors

Jonathan Miles – Biosecurity Team Manager (Regional)

Authorisers

Brett Butland – Biosecurity Manager

John Nash - Relationship Manager Great Barrier & Waiheke

Waiheke Local Board

25 August 2016

Draft Annual Report 2015/2016 - Waiheke Local Board report

File No.: CP2016/14703

Purpose

1. This report compares actual activities and performance with the intended activities and level of service set out in the 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 (AR) is currently being prepared and progressed through an external audit process. In late September, the audit is expected to be completed and the final report will be approved and released to the public. The AR will include performance results for each local board.

3. The local board is required to monitor and report on the implementation of the 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 AR.

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 AR is the first time that we are 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

- Financial information.

Recommendation/s

That the Waiheke Local Board:

a) Notes 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) Receives the draft local board report to be included in the Auckland Council Annual Report 2015/2016.

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

d) Gives 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 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
a)	Message from the chairperson	Legislative requirement to include commentary from the local board on matters included in the report.
b)	The year in review a. - Financial performance b. - Key achievements c. - Key projects d. - Challenges in our area e. - Looking forward	Snapshot of main areas of interest for the community in the local board area.
c)	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.
d)	Financial information	Legislative requirement to report on financial performance results compared to LTP budgets, together with explanations about variances.

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

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

· Audit during August 2016

· Report to the Finance and Performance Committee on 22 September

· Report to the Governing Body for adoption on 29 September

· Release to stock exchanges on 29 September

· Publication on 7 October

· 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 in the Annual Report as part of the message from the chair.

Māori impact statement

12. The Annual Report provides information on how Auckland Council has progressed its agreed priorities in the Long-term Plan 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 View	Draft Annual Report	99

Signatories

Authors

Jane Koch - Lead Financial Advisor

Judy Kerling - PA to Group Financial Controller

Authorisers

Christine Watson - Manager Financial Advisory Services - Local Boards

John Nash - Relationship Manager Great Barrier & Waiheke

Waiheke Local Board

25 August 2016

Auckland Transport Update - August 2016

File No.: CP2016/17693

Purpose

1. The purpose of the report is to respond to local board requests on transport-related matters and to provide information to Elected Members about Auckland Transport (AT) activities in the Waiheke local board area.

Executive summary

2. This report covers matters of specific application and interest to the Waiheke Local Board and its community; matters of general interest relating to Auckland Transport activities or the transport sector; and Auckland Transport media releases for the information of the board and community. In particular:

· Bus patronage

· Local Board Transport Fund

· Double Decker Bus permits

· Customer Service Enquiries

Recommendation/s

That the Waiheke Local Board:

a) receive the Auckland Transport Report – August 2016.

Comments

Monthly Overview

Bus patronage

3. The bus patronage figure for July is below but this figure comes with the following limitations:

· Fullers monthly pass holders get bus travel included

· There are a number of tourist passes that include bus travel

· As a result there is a risk that the bus drivers may not always record boarding’s (even with best intentions) and this could be worse during the very busy periods.

· These limitations are likely to change once simplified fares are introduced.

Recorded Bus Patronage for Waiheke Bus Company

July 2016 Patronage = 45,998.

For historical bus patronage tracking, please refer to attachment A.

Local Board Transport Fund

4. The Waiheke Local Board’s funding allocation under the LBTCF is currently $200,000 per annum. The board has $116,547 available from their Local Board Transport Capital Fund as of 1 July 2016. The board may choose to progress proposed projects previously deferred to the 2016/17 financial year, or propose new projects.

5. AT received two requests for costs (ROC) in July, for a shared path from Erua to Calais and a shared path on Causeway South. AT will endeavour to have this information available for the September 2016 meeting.

Waiheke Local Board Transport Capital Fund Financial Summary

Total Funds Available in current political term (Four years including 2012-13)	$ 800,000
Spent to Date on Completed Projects (including money spent on cancelled projects)	$ 568,056
Committed to date on projects approved for design and/or construction	$ 315,397	64%	Percentage of these commitments spent to date.
Total budget left that needs to be allocated to new projects and spent by the end of the current political term.	-$ 83,453	The four year budget (and some from 2016-17) is already allocated. No more projects need to be approved.
Total of Projects assessed to a Rough Order of Cost (ROC) stage but not approved by the LB.	$ -
Funds available from the next political term (2016-17)	$ 116,547	This is the unallocated balance of the 2016-17 Waiheke LBTCF budget.

Double Decker Bus Permits

7. Auckland Transport does not require a permit for a double decker bus to operate on Waiheke, provided the bus is road worthy.

8. A certificate of loading is required for all commercial passenger vehicles. AT understands that the proposed double decker buses on Waiheke are for ‘tour’ purposes only, which has a limited passenger loading restriction. A public transport bus used in an urban environment can hold 90 people. This point of difference means the proposed Waiheke buses will be within legal weight and dimensions for road use. If a bus was seen to be carrying too many patrons, then the Commercial Vehicle Inspection Unit (CVIU), within the Police would enforce this.

9. AT is required to establish and maintain roads to take the maximum weight allowed for road vehicles. On Waiheke this is most likely to be a heavy truck and trailer unit. A double decker tour bus would unlikely be the heaviest vehicle currently on the roads of Waiheke.

10. If a road was to fail because of the weight and use of the road, it is AT’s responsibility to repair or replace the road and this work would be undertaken as part of our maintenance programme.

11. By way of further explanation, the reason that AT wouldn’t consider double decker buses but a private company can, is that scheduled AT contracted buses are required to pull in and out of kerbs regularly to pick up and drop off customers, creating a greater risk of hitting tree branches and awnings. A private bus is less likely to need to stop in places where there are such obstructions.

Customer Service Enquiries

12. During July, a total of 91 customer service enquires were made to Auckland Transport’s contact center in relation to issues within the Waiheke Local Board area. Of these, seventy two (79%) have been resolved, sixteen remain active and are still in progress and 3 were either duplicates or cancelled later.

Consideration

Local board views and implications

13. The board’s views will be incorporated during consultation on any proposed schemes.

Māori impact statement

14. No specific issues with regard to the Maori Impact Statement are triggered by this report.

Implementation

15. All proposed schemes are subject to prioritisation, funding and consultation.

16. The activities detailed in this report do not trigger the Significance Policy. All programmes and activities are within budget/in line with the council’s annual plan and LTP documents and there are no legal or legislative implications arising from the activities detailed in this report.

Attachments

There are no attachments for this report.

Signatories

Authors

Melanie Dale, Elected Member Relationship Manager, Auckland Transport

Authorisers

Jonathan Anyon, Manager Elected Member Relationship Unit, Auckland Transport

John Nash - Relationship Manager Great Barrier & Waiheke

Waiheke Local Board

25 August 2016

Panuku Development Auckland Local Board Update 1 January to 30 June 2016

File No.: CP2016/13258

Purpose

1. To give the Waiheke Local Board an overview of Panuku Development Auckland. The report also notes any major issues, projects and activities within the Local Board area for the six months 1 January to 30 June 2016.

Background

2. Panuku Development Auckland was established in September 2015 as a result of the merger of two CCOs – Waterfront Auckland and Auckland Council Property Limited (ACPL).

3. Panuku helps to rejuvenate parts of Auckland – from small projects that refresh a site or building, to major transformations of town centres or neighbourhoods.

4. Comprised of five Directorates, Panuku manages around $1 billion of council’s property portfolio, which we continuously review to find smart ways to generate income for the region, grow the portfolio or release land or property that can be better used by others.

5. Panuku works with government, iwi, not-for-profit and private organisations. We use our skills, knowledge and connections to bring land and resources together to create the best outcome for Aucklanders.

Recommendation/s

That the Waiheke Local Board:

a) Receive the Panuku Development Auckland Local Board Update 1 January to 30 June 2016.

Local Activities

Matiatia Strategic plan

6. A steering group comprised of Council officers, local board representatives, AT, Watercare, iwi, and Direction Matiatia is developing a strategic plan for Matiatia. Panuku is actively involved in this planning process.

Portfolio Management

7. Panuku manages property owned by the council and AT that are not currently needed for service or infrastructure purposes. These are properties that are not immediately required for delivery of a council service or infrastructure development but are being held for use in a planned future project such as road construction, the expansion of parks or development of future town centres.

8. The property portfolio comprises 1447 properties containing 1121 leases as at the 30 June 2016. The current portfolio includes vacant land, industrial buildings, warehouses, retail shops, cafes, offices, medical centres and a large portfolio of residential rental homes.

9. The return on the property portfolio for the period ending 30 June 2016 was above budget with a net surplus to the AC and AT shareholders of $3.9m ahead of budget.

10. The average monthly tenantable occupancy rate for the 6 month period is more than 98% which is above the SOI target of 95%.

Properties Managed in the Waiheke Local Board Area

11. Panuku Development Auckland currently manages 9 commercial properties within the Waiheke Local Board area.

Commercial Properties	9
Residential Properties	0
Total Properties Managed	9

12. During the period 1 January 2016 to 30 June 2016 we engaged with the board on Kina Backpackers, 421 Sea View Road, Onetangi. in respect of the expired lease for the site and the Expression Of Interest (EOI) process we ran in September 2015.

13. The EOI process was not able to be concluded due to the fact that the land was unclassified recreation reserve and a statutory process needed to be applied following a decision by the Local Board.

14. Council officers and Panuku staff worked with the Local Board during the reporting period to look at options for transferring the property into Service use under the management of Community Facilities.

15. In June 2016 the Waiheke Local Board approved the transfer of the property back into Service use under the management of Community Facilities.

Business Interests

16. Panuku also optimises the commercial return from business interests it manages on council’s behalf. This comprises two forestry enterprises, two landfills and four quarries.

17. Panuku manages the Hoporata Quarry in Ostend, Waiheke.

18. Hoporata Quarry has been in operation on this site since the 1950s. Origin Quarries Limited is the operator, paying a royalty to the Council based on sales on a monthly basis.

19. The resource consent for Hoporata Quarry requires that weed control, restoration and revegetation planting be undertaken in accordance with the resource consent and Landscape Implementation and Maintenance Plan. The work will be completed in accordance with the resource consent and in order to comply with the requirements for the 2016 planting season.

Acquisitions and Disposals

Acquisitions

20. 14 properties have been purchased this financial year for open space purposes around the region at a value of $29.5m, and 13 properties have been purchased for storm water purposes at a value of $1.3m.

21. No properties were purchased in the Waiheke Local Board area during the reporting period.

Disposals

22. To the financial year end 2015/16 Panuku has achieved $55.5m of unconditional net sales against the 2015/16 disposals target of $50.0m for the year.

23. No properties were sold in the Waiheke Local Board area.

Portfolio Strategy

Portfolio Review and Rationalisation

Overview

24. Panuku is required to undertake ongoing rationalisation of the council’s non-service assets. This includes identifying properties from within council’s portfolio that may be suitable for potential sale and development if appropriate. Panuku has a particular focus on achieving housing and urban regeneration outcomes. Identifying potential sale properties contributes to the Auckland Plan focus of accommodating the significant growth projected for the region over the coming decades, by providing the council with an efficient use of capital and prioritisation of funds to achieve its activities and projects.

Performance

25. July 2015 to June 2016 Target

UNIT	TARGET	ACHIEVED	COMMENTS
Portfolio Review	$40m disposal recommendations	$53,436,750 as at 30 June 2016	These recommendations include $38,334,000 of sites that are identified for development projects.

26. Panuku works closely with the council and Auckland Transport (AT) to identify potentially surplus properties to help achieve disposal targets.

27. July 2016 to June 2017 Target

UNIT	TARGET	COMMENTS
Portfolio Review	$45m gross value recommended for sale	This target includes disposal recommendations and sales for sites that are identified for housing development and urban regeneration projects

Process

28. Once identified as a potential sale candidate a property is taken through a multi-stage Rationalisation Process. The agreed process includes engagement with: the council, Council Controlled Organisations (CCOs), local board and mana whenua. This is followed by Panuku Board approval, engagement with local ward and the Independent Māori Statutory Board and finally a governing body decision.

Under review

29. Properties currently under review in the Waiheke Local Board area are listed below. The list includes any properties that may have recently been approved for sale or development and sale by the governing body.

PROPERTY	DETAILS
4 – 6 Belgium Street (Unit 1) – Waiheke Island	Commercial site. Acquired by the former Auckland City Council for use as a service centre which was to include a library. However the library has been located elsewhere. The Housing Project Office requested this site progress through the rationalisation process to enable full review of future use options. Rationalisation process commenced in August 2015. No alternative service uses were identified. A draft business case from the Waiheke Local Board was received, requesting site be used for a social housing development. Following meeting with Waiheke Local Board chair, Deputy Mayor and Panuku the rationalisation of this site will be put on hold to allow time for council to form a view about providing council owned sites for social housing purposes.
7 Waitai Road, Waiheke	Commercial site. Purchased as in the 1950s and used as a council depot. The Housing Project Office requested this site progress through the rationalisation process to enable full review of future use options. Rationalisation process commenced in August 2015. No alternative service uses were identified. A draft business case from the Waiheke Local Board was received, requesting site be used for a social housing development. Following meeting with Waiheke Local Board chair, Deputy Mayor and Panuku the rationalisation of this site will be put on hold to allow time for council to form a view about providing council owned sites for social housing purposes.
15 Waitai Road, Waiheke	This property was transferred to Auckland City Council for the purpose of a wastewater disposal field for adjoining pensioner housing units. The property remains in use for the same purpose by the subsequent purchaser of the pensioner housing units, Housing New Zealand. This property is being rationalised to ascertain if it can be transferred to Housing New Zealand in accordance with section 50 of the Public Works Act 1981, which provides for the transfer of existing public works. The rationalisation process commenced in December 2015. No alternative service uses were identified. Local Board and iwi engagement is currently being undertaken.

Regional Activities

30. The workload of Panuku has increased significantly with framework planning beginning for the Transform project of Manukau, and the Unlock projects of Northcote and Takapuna. Alongside our business as usual, managing these projects means that Panuku carefully balances its resource planning. Henderson is the next centre that Panuku is considering, and work has begun on a High Level Project Plan for Henderson centre.

31. Alongside the development projects, Panuku continues its business as usual activities, including managing the Council’s non-service property disposal and managing the Westhaven Marina.

32. As expected, workload at Panuku is requiring active management as the number of projects in the Panuku work programme increases. Panuku is developing a master programme so it can effectively spread its resources across projects, control the scope of its programme to ensure it can retain a strong focus on delivery, and to identify where it will require extra resourcing moving forward. Where extra resourcing or funding is required for urban regeneration within transform locations, Council has endorsed the principle of Transform Project expenditure being funded from reinvestment of proceeds from properties which are disposed within those locations.

33. Panuku has continued to form strong relationships with stakeholders; with the communities it works within, Local Boards, the Council family and also with the Government. Mana Whenua engagement activities is significant, with monthly meetings held with all Mana Whenua, and regular one-on-one engagement with Iwi.

Highlights

34. The highlights for the last 6 months were:

a) The Auckland Development Committee approved the High Level Project Plan (HLPP) for Manukau as a Transform location.

b) The Auckland Development Committee also approved the HLPP for Northcote and Takapuna as Unlock locations.

c) The Prime Minister Rt Hon John Key and Madam Chang Laiwa, Chair of Fu Wah, turned the ground at the ground-breaking ceremony for the $200 million, 190-room Park Hyatt hotel being built in the Wynyard Quarter.

d) Including the Park Hyatt hotel, 14 developments are currently underway in the transformation of the Wynyard Quarter, with Willis Bond and Precinct progressing through their respective residential and commercial developments.

e) Panuku has been negotiating a joint venture agreement with The Selwyn Foundation to provide a basis for when it becomes the Community Housing Partner for Auckland Council’s Housing for Older People portfolio subject to public consultation process. A high level project plan to cover the multi-year redevelopment of the network of village sites is being prepared by Panuku, as is the accountability framework. This is being discussed with The Selwyn Foundation. The HLPP will be presented to the Governing Body in August for approval.

f) The development of the Airfields site at Hobsonville is continuing, with infrastructure being developed, including the building of new roads and water ponds. The 20 hectare Airfields site will provide approximately 400 new homes when it is completed. Panuku has finalised a development agreement with A.V Jennings in April 2016 for the development of Airfields stage 1. The site is 1.6ha which will result in the construction of 102 homes, ten percent being affordable. Panuku is also currently discussing with a potential partner the development of the remainder of the 20 hectare site.

g) Panuku Development Auckland was given delegated authority from Auckland Council’s Finance and Performance Committee in March 2016 to seek private sector investment to redevelop the Civic Administration Building. Panuku has identified a preferred proposal to redevelop the building and surrounding land and is working through the details with the selected developer. If negotiations proceed as hoped, Panuku should be able to enter into a development agreement later in the year. The preferred proposal will meet Council’s heritage and design requirements for this iconic building and does not require a financial contribution from Council. There will be a full public announcement outlining the plans for the building and surrounding land once the development agreement is signed.

Future outlook

35. Over the next few months, Panuku will:

a) Continue to develop Framework Plans for Transform Manukau and progress the Northcote, Takapuna and Henderson, HfOP Unlock projects. As part of this work, Panuku will be defining what affordable housing means in relation to the developments that it works on.

b) Work on the HLPP for the Onehunga Transform project is continuing. Panuku is consulting with the New Zealand Transport Agency about the implications on the HLPP from the East-West project route. It is also working with the Ports of Auckland on the transfer of ownership to Panuku of the Onehunga Port. This means that the formation of the HLPP is taking longer than originally anticipated.

c) Start the HLPP process for Henderson town centre.

d) Continue to work with The Selwyn Foundation on establishing the Community Housing Partner for the Housing joint venture for Older People, and to form a development programme for its housing portfolio.

e) Support the Tamaki Regeneration Company to plan and go-to-market process to redevelop the 2,800 social houses that it recently transferred from Crown ownership to TRC. The Council and the Crown are owners of the Tamaki Regeneration Company, and Panuku provides advice to the Council on its shareholder interest. It is working alongside The Treasury (who advise on the Crown’s shareholder interest) to support the go-to-market process which will see the redevelopments which will increase housing from the current 2,800 social houses to 7,500 mixed tenure houses over a 10-15 year period.

f) Oversee the 14 developments currently underway across the Wynyard Quarter. A critical component of this is to work closely with Auckland Transport to ensure that essential roading infrastructure work takes place, and to manage through the impacts of any delays in the AT programme of works on the development programme within the Wynyard Quarter.

Consideration

Local board views and implications

36. This report is for the Waiheke Local Board’s information.

37. Panuku requests that all feedback and/or queries you have relating to a property in your Local board area be directed in the first instance to localboard@developmentauckland.co.nz

Māori impact statement

38. Whatungarongaro te tangata, toitū te whenua. Through our collaborative partnership approach, Panuku works with Māori towards: joint strategic outcomes; enabling commercial investment, including partnership in commercial and housing opportunities; contribution the urban fabric through recognition of Māori cultural footprint in design, respect for the environment and broader social outcomes; guiding the nature of our working practice when we embed Māori values in our business at a strategic and operational level. A Goals and Actions plan outline for this work is published on the Panuku Website as part of our Māori Engagement Framework 28 October 2015.

39. In June 2016 Panuku progressed the Goals and Actions plan outline into a business wide Māori Responsiveness Action Plan, detailing at an operational level how we will meet our commitments to Maori. We have additionally agreed a Māori Commercial Relationships Action Plan formalising our processes for encouraging Māori commercial relationships with Panuku.

Local context

40. There are 8 iwi with mana whenua interests in the Waiheke Local Board area. Panuku has been engaging with these groups in respect of potential disposals and development sites in the Waiheke Local Board area over the past three years.

41. If planning progresses for future Panuku led development on Waiheke Panuku will work in collaboration with kaitiaki officers from these tribes towards best care for land and people within our area of influence. This work is understood to enable protection of waahi tapu and the optimum health of the mauri (life force) of the natural environment.

42. We additionally seek opportunities to partner with mana whenua iwi and hapū and other Maori organisations on developments.

Implementation

43. There are no implementation issues.

Attachments

No.	Title	Page
a View	Panuku Development Auckland Properties Managed - Waiheke	121

Signatories

Authors

Sven Mol - Stakeholder Relations Coordinator - Panuku Development Auckland

Authorisers

Toni Giacon - Team Leader Stakeholder and Community Engagement

John Nash - Senior Local Board Advisor

Waiheke Local Board

25 August 2016

Community Facilities Maintenance Contracts 2017

File No.: CP2016/17880

Purpose

1. The purpose of this report is to seek local board feedback on proposed maintenance service specifications where they may have an impact on levels of service for local activities, to inform a Request for Proposal to the supplier market (due to be published in early October 2016).

Executive summary

2. The majority of Auckland Council’s existing contracts to maintain buildings, grounds, open space and parks amenities expire on 30 June 2017. A Request for Proposal process is planned to be underway in October 2016 followed by contract negotiations, to determine new maintenance contracts to take effect from 1 July 2017.

3. The Governing Body is responsible for procurement decisions of major service delivery contracts. Local boards set, and can increase levels of service for local activities subject to minimum levels of service set by the Governing Body.

4. Local boards play a key role in providing input to proposed maintenance service specifications where they may have an impact on levels of service for local activities. This report is seeking feedback from local boards by 23 September 2016 to inform a Request for Proposal to the supplier market, including the following:

· Proposed geographical clusters for community facilities maintenance contracts (Attachment A)

· Proposed service specifications by asset group (Attachment B)

· Smart procurement principles (Attachment C)

· Delivery model options for Gulf Islands (Attachment D)

Recommendation/s

That the Waiheke Local Board:

a) Delegates authority to the Chair and Deputy Chair to provide the board’s feedback on the proposed service specifications, local outcomes and the overall structure for new Community Facilities maintenance contracts by 23 September 2016.

b) Provides feedback on the proposed service specifications, local outcomes and the overall structure for new Community Facilities maintenance contracts, including:

· Proposed geographical clusters for community facilities maintenance contracts (Attachment A)

· Proposed service specifications by asset group (Attachment B)

· Smart procurement principles (Attachment C)

· Delivery model options for Gulf Islands (Attachment D)

Comments

Background

5. Auckland Council currently has 38 Community Facilities contracts to maintain buildings, grounds, open space and parks amenities. The majority of these contracts are scheduled to expire on 30 June 2017.

6. A project has been setup to implement new facilities maintenance contracts to serve the Auckland region from 1 July 2017.

7. The Governing Body is responsible for procurement decisions of major service delivery contracts. Local boards set, and can increase (with Locally Driven Initiative funding), levels of service for local activities subject to minimum levels of service that are set by the Governing Body.

8. Local boards play a key role in providing input to proposed maintenance service specifications where it may have an impact on levels of service for local activities.(e.g. “neighbourhood parks – lawns are presented in a way that encourages general walkability and allows for passive recreational activity”)

9. The objectives of this project include implementing:

· standardised contracts, but with flexibility to accommodate local board governance decisions (e.g. change the use of an asset, increase baseline service levels through locally driven initiative funding)

· outcomes that reflect local character and social outcomes (e.g. promote local employment, support local design of facilities)

· Smart procurement outcomes (e.g. sustainability)

· consistency in service delivery across the Auckland region

· value for money

· improved contract performance and auditing

· improved local board reporting to inform governance decision making

10. A Procurement Working Group consisting of 12 local board chairs has provided regular direction and guidance over the last four months on this project’s strategy and intent.

11. Cluster workshops were held throughout August with all local boards to discuss this project’s intent and direction and obtain informal feedback. Formal feedback is now sought from all 21 local boards by 23 September 2016, on the proposed service specifications, local outcomes and the overall structure for new Community Facilities maintenance contracts prior to finalising a Request for Proposal to the supplier market in early October 2016.

In Scope

12. This will include the following services:

· Cleaning (including all toilets and car parks)

· Facilities management (all buildings including toilets, clocks)

· Green maintenance (parks, gardens, streets, mowing, Healthy Waters green assets)

· Outdoor leisure amenities and equipment (e.g. playgrounds, skate facilities, courts, park structures)

· Hard surfaces (e.g. park paths, boardwalks)

· Beach, coastal assets (beach furniture / paths, boat ramps & seawalls)

· Access management (gates and toilets)

· Loose litter collection

· Pest control (in and around a building)

· Lighting (internal and external amenities)

13. The following specialist services require niche suppliers and will be considered throughout this process, but may be contracted separately to minimise risk in the provision of these services:

· Arboriculture

· Ecological restoration and external / environmental pest control

· Sports fields renovations and upgrades

· Painting

· Pool plants, water features, fountains

Out of Scope

14. Services excluded from this project include general building compliance maintenance work as follows, as existing contracts do not expire for another two years:

· Building Warrant of Fitness management

· Fire evacuation schemes and training

· Fire alarm monitoring

· Fire systems maintenance

· Lift maintenance

· Security systems maintenance

· Small water professional services

· Rubbish collection and recycling from Council buildings

Proposal

15. To maximise economies of scale whilst still providing a local flavour, staff propose to create five facility maintenance contracts across each of the geographical cluster areas outlined in Attachment A.

16. Proposed baseline service specifications defining outcomes expected across a range of asset groups are outlined in Attachment B.

17. Smart procurement outcomes identified as important to local boards, that will be considered in the procurement of each facility maintenance contract are outlined in Attachment C.

18. Council is exploring the possibility of directly engaging Great Barrier and Waiheke maintenance service providers to deliver services on the islands. Proposed procurement models are outlined in Attachment D.

Consideration

Local board views and implications

19. A Procurement Working Group consisting of 12 local board chairs was setup to provide direction and advice over the last four months on this project’s strategy and intent.

20. Workshops were held with each of the proposed geographical cluster groups in August 2016 to outline proposed service specifications, proposed structure of new maintenance contracts and to obtain verbal feedback.

Māori impact statement

21. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi/the Treaty of Waitangi and its broader statutory obligations to Māori.

22. Māori responsiveness requires the collective effort of everyone. Under the new contracts, suppliers will work collaboratively with council to achieve better outcomes with Māori and for Auckland. This will include:

· Building positive relationships with Māori – effective communication and engagement with Māori, developing resilient relationships with mana whenua

· Significantly lift Māori social and economic well-being

· Building Māori capability and capacity

Implementation

23. A Request for Proposal for facility maintenance contracts is due to be published to the supplier market in early October 2016 with contract negotiations formally concluded in April 2017.

24. A transition period will be in place before new contracts take effect from 1 July 2017 to ensure a smooth implementation.

25. Local boards will have the opportunity to set local performance targets for 2017/2018 as part of the Annual Planning process in early 2017. Staff will provide clear and concise information enabling the local board an opportunity to allocate locally driven initiative (LDI) funding to increase maintenance service specifications between March and May 2017.

26. Facility contract terms and conditions will be negotiated in early 2017 and will enable the ability for local boards to increase local maintenance service levels through the annual planning process each year.

Attachments

No.	Title	Page
a View	Attachment One – Proposed geographical clusters	127
b View	Attachment Two – Proposed service specifications	129
c View	Attachment Three – Smart procurement principles	137
d View	Attachment Four – Delivery model options for Gulf Islands	141

Signatories

Authors

Kate Marsh - Financial Planning Manager - Local Boards

Authorisers

Matthew Walker - GM Financial Strategy and Planning

John Nash - Relationship Manager Great Barrier & Waiheke

Waiheke Local Board

25 August 2016

Easement Application at 5 Fourth Ave

File No.: CP2016/14279

Purpose

1. To consider a request to reconfigure and secure an easement over the existing public car park at 5 Fourth Avenue, Onetangi.

Executive summary

2. The applicants have lodged consent to develop a 20-unit retirement living residential development at 20C Third Avenue, Onetangi.

3. A request has been made to reconfigure the adjoining reserve (Fourth Avenue Reserve) at 5 Fourth Avenue and secure an easement over the car park located within the reserve to enable vehicle access to garaging which forms part of the proposed development.

4. Parks staff are not supportive of the proposal as the development could be redesigned to accommodate access elsewhere; the reserve could effectively become privatised; conflict could arise between the public and residents; it would restrict how the site can be used long term; and it does not benefit the public.

Recommendation/s

a) That the Waiheke Local Board decline the request for land owner approval to reconfigure the car park within Fourth Avenue Reserve at 5 Fourth Avenue, Onetangi (Lot 6 DP 384635, CT40256) and do not support the request for an easement to enable access to the proposed development at 20C Fourth Avenue, Onetangi. This is because the site has other access options, the perceived privatisation of the car park on council reserve, potential traffic conflict between the public and residents and it is likely to materially alter and permanently affect the rights of the public in respect of the reserve.

Comments

5. The public car park located within Fourth Avenue Reserve at 5 Fourth Ave in Onetangi (Lot 6 DP 384635, CT40256) is held as a local purpose (accessway) reserve under the Reserves Act 1977 (refer to Attachment A for a location plan). It is approximately 600m2 in size with an entrance at the southern end and an exit at the northern end, both which are via easements. The reserve was created as part of subdivision consent in 2006.

6. In 2010 Auckland Council obtained resource consent to form the car park, which had the following consent conditions;

· The alteration of the existing southern easement (ROW) over 20C Third Ave to enable practical access to the car park.

· Creation of a new stormwater easement over 20C Third Ave.

7. These conditions were not addressed. However, the following comments are made on this:

· The location of the existing entrance at the southern end is not aligned with the easement, meaning that the property owners could legally block access through this entrance. Council has proposed that this is managed by reconfiguring the car park by closing the southern entrance and widening the northern exit to create a two-way system using an existing easement

· Advice from council’s legal team is that a stormwater easement is not legally required in this case.

Proposal

8. Resource Consent has been lodged for a 20-unit retirement living residential development at 20C Third Ave (mid 2015). It is proposed to locate garaging with the doors fronting onto the adjoining public car park along the eastern boundary.

9. To access the garaging the applicant has requested vehicle access over the public car park via an easement agreement. The proposed easement would be 7.4 metres wide over the eastern portion of the car park carriageway. The applicant also wishes to reconfigure the car park by closing the southern entrance and widening the northern exit to create a two-way system using an existing easement, and installing a pedestrian stairway at the southern end (Attachment A). An easement would also be established over the turning space at the southern end of the car park (refer to Attachment B). The applicant would pay for the reconfiguration and pay a consideration for the easement.

10. The applicant has advised that should an easement not be secured, their development would have to be redesigned. The summary of why they believe the proposal should be granted is outlined below:

- The proposal and payment of market value for the proposed easement represents a “no public cost” solution that avoids the public expenditure on works necessary to resolve Auckland Council’s trespass onto 20C Third Avenue.

- The proposal avoids the loss of any car parking spaces from creating a new exit.

- The proposal will not result in any loss of spaces within the car park;

- The proposal will not comprise the safety or public utility of the car park due to low intensity of use and the development being for retired people;

- Use of the car park for access purposes as would avoid the unnecessary duplication of paving and driveway areas on the Reliving site and associated increased impervious surfaces, loss of open landscaping areas, which contribute to the character and amenity of the site and surrounds;

- That outcome represents a more desirable, sustainable and efficient use of the land involved.

11. The applicant approached Auckland Transport (AT) with the car park easement and reconfiguration proposal in late 2014. AT expressed their support as asset owner for the reconfiguration of the car park and proposed easement, subject to conditions. AT has not provided any form of land owner approval as they do not own the land. Approval is required from the landowner for this proposal.

12. The applicant believed they received land owner approval from AT so lodged for resource consent (mid 2015). The consent has been put on hold for section 92 matters including obtaining landowner approval from Auckland Council Parks for the car park proposal.

13. The applicant subsequently approached Councils Parks staff who have consistently expressed that the proposed easement is not supported.

14. In May 2016 the applicants planning consultant submitted a proposal for the easement and reconfiguration of the car park to be considered by the Waiheke Local Board. This application can be provided upon request.

Assessment

15. Parks staff have assessed the proposal and do not support it for the following reasons:

- Easements are not generally granted over council land unless there is a clear need and the site has no other reasonable access options. This site has other access options.

- Perceived privatisation of the car park may result through the potential use by retirement residents and visitors and temporary occupation in front of the garages. This will be exacerbated by the proposed new building having no set back from the boundary and the car park being located below the road.

- Potential conflict between the public and residents when manoeuvring in and out of the garages. Any proposal for conditions on the resource consent to stop this would be difficult to monitor.

- Limitations on the future use of the reserve in an area where parking is limited and future long term coastal inundation may exacerbate this.

- The proposal does not offer any benefit to the car park or the public.

- It is considered that council should undertake its own redesign of the car park to resolve the current encroachment issues.

Consideration

Local board views and implications

16. The proposal was discussed at a local board workshop on 13 June 2016. Feedback was not supportive of granting the easement as proposed by the applicants and was supportive of the car park being reconfigured by the council.

17. Decision making responsibility for the public car park lies with the local board. However, should the local board support the use and granting of the easement, it will trigger public notification under the Reserves Act as it will permanently affect the rights of the public in respect of the reserve (section 48 [3]), then the decision making power lies with the Parks Sport and Recreation Committee body in line with the council delegations.

18. The process for the granting of an easement under the Reserves Act 1977 includes public notification for a one month period and a hearing should submitters wish to be heard. The easement area would need to be surveyed and registered against the title. All costs associated with this process (including legal fees) would be borne by the applicant. Notification of the easement could be done concurrently with notification of the resource consent.

Māori impact statement

19. The resource consent has been lodged as fully notified so public and iwi consultation will be undertaken as part of this process. No consultation with iwi has been undertaken on this proposal directly.

20. Within the public car park there are no Sites and Places of Value to Mana Whenua within the Proposed Auckland Unitary Plan (PAUP) or Archaeological sites in the Auckland Council District Plan Hauraki Gulf Islands Section - Operative 2013.

Implementation

21. If the applicant’s request is declined, Council has proposed to address the creation of the easement required by the consent conditions in the 2010 resource consent for access to the southern end of the car park by reconfiguring the northern exit to become both entry and exit point at council’s cost, closing the southern access and removing the easement. Reconfiguring the northern access will require agreement of the landowner. If agreement is not granted then council will look at alternative configurations or uses for the land which would not require access over private property.

22. Council has advised the applicant that it does not believe that a storm-water easement is necessary in this situation.

23. If the applicant’s request is supported an easement would need to be granted subject to public consultation and all costs being met by the applicant.

Attachments

No.	Title	Page
a View	Site Plan	147
b View	Easement Plan	149

Signatories

Authors

Simon Roche - Parks and Open Space Specialist

Authorisers

Kim O’Neill - Head of Community Relations

Rod Sheridan - General Manager Community Facilities

Waiheke Local Board

25 August 2016

Temporary arrangements for urgent decisions and staff delegations during the election period

File No.: CP2016/17884

Purpose

1. The purpose of this report is to seek the local board’s approval for temporary arrangements during the election period for:

· urgent decisions

· decisions made by staff under delegated authority from the local board that require consultation with portfolio holders under delegation protocols.

Executive summary

2. Between the last local board business meeting of the current electoral term, and the first business meeting of the new term, there may be decisions needed or routine business as usual to process that cannot wait until after the incoming local board’s first business meeting in the new electoral term.

3. Temporary arrangements are therefore needed for urgent decisions of the local board, and decisions made by staff under existing delegated authority.

4. Between the last business meeting and the declaration of election results (likely to be 13 October), current members are still in office, and can make urgent decisions if delegated to do so. If the board does not have an existing urgent decision-making process already in place, it is recommended that the board delegate to the chair and deputy chair the power to make urgent decisions on behalf of the local board during this period.

5. Following the declaration of results, the current members are no longer in office. New members come into office the day after the declaration of results, but cannot act until they give their statutory declaration at the inaugural meeting. During this period, urgent decisions will be made by the chief executive under his existing delegated authority.

6. All local boards have made a general delegation to the Chief Executive. This delegation is subject to a requirement to comply with delegations protocols approved by the local board, which require, amongst other matters, staff to consult with portfolio holders on certain matters. The most common area requiring consultation is landowner consents relating to local parks.

7. After the election, there will be no local board portfolio holders to consult until new arrangements are made at the first business meeting in the new term. During this time, staff will need to continue to process routine business as usual matters, including routine requests from third parties for landowner approval.

8. As a temporary measure, approval is sought from the local board to allow officers to continue to process business as usual decisions that cannot wait until after the local board’s first business meeting. This is irrespective of the requirements of the current delegation protocols to consult with the nominated portfolio holder on landowner consents.

9. Appointments made by the local board to external bodies will cease on the date of the election. New appointments will need to be made by the local board in the new term.

Recommendations

That the Waiheke Local Board:

a) utilise the board’s existing urgent decision-making process OR Delegate to the chair and deputy chair the power to make, on behalf of the local board, urgent decisions that may be needed between the final local board business meeting and the commencement of the term of office of new local board members.

b) note that from the commencement of the term of office of new local board members until the inaugural meeting of the incoming local board, urgent decision-making will be undertaken by the Chief Executive under existing delegations.

c) approve that staff, as a temporary measure, can make business as usual decisions under their existing delegated authority without requiring compliance with the requirement in the current delegation protocols to consult with the nominated portfolio holder, from 8 October 2016 until new arrangements are made at the first business meeting in the new term.

d) note that existing appointments by the local board to external bodies will cease at the election and new appointments will need to be made by the local board in the new term.

Comments

10. Current elected members remain in office until the new members’ term of office commences, which is the day after the declaration of election results^{^[1]} (likely to be 13 October 2016).

11. The new members cannot act as members of the local board until they have made their statutory declaration at the inaugural local board meeting^{^[2]}.

12. Following the last local board meeting of the current electoral term, there may be decisions needed or routine business as usual to process that cannot wait until after the incoming local board’s first business meeting in the new electoral term.

13. Temporary arrangements need to be made for:

· Urgent decisions

· Decisions made by staff under delegated authority from the local board that require consultation with portfolio holders.

Urgent decisions

14. Between the last business meeting and the declaration of results (likely to be 13 October), current members are still in office, and can make urgent decisions if delegated to do so. If the board does not have an existing urgent decision-making process already in place, it is recommended that the board delegate to the chair and deputy chair the power to make urgent decisions on behalf of the local board during this period.

15. Between the declaration of results and the inaugural meeting, the current members are no longer in office, the new members cannot act until they give their statutory declaration, and new chairs and deputies will not be in place. During this period, urgent decisions will be made by the chief executive under his existing delegated authority (which includes a financial cap).

Decisions made by staff under delegated authority

16. All local boards have made a delegation to the Chief Executive. The delegation is subject to a requirement to comply with delegation protocols approved by the local board. These delegation protocols require, amongst other things, staff to consult with nominated portfolio holders on certain issues.

17. The most common area requiring consultation is landowner consents relating to local parks. The portfolio holder can refer the matter to the local board for a decision.

18. Parks staff receive a large number of landowner consent requests each month that relate to local parks across Auckland. The majority of these need to be processed within 20 working days (or less), either in order to meet the applicant’s timeframes and provide good customer service, or to meet statutory timeframes associated with resource consents. Only a small number of landowner requests are referred by the portfolio holder to the local board for a decision.

19. Prior to the election, staff can continue to consult with portfolio holders as required by the delegation protocols. However, after the election, there will be no portfolio holders in place to consult with until new arrangements are made at the first business meeting of the local board in the new term.

20. During this time, staff will need to continue to process routine business as usual matters, including routine requests from third parties for landowner approval such as commercial operator permits, temporary access requests and affected party approvals.

21. As a temporary measure, it is recommended that the local board allow staff to process routine business as usual matters without consulting with the nominated portfolio holder, where these matters cannot wait until new arrangements are made in the term.

Appointment to external bodies

22. Appointments made by the local board to external bodies will cease at the election. New appointments will need to be made by the local board in the new term.

Consideration

Local board views and implications

23. This is a report to all local boards.

Māori impact statement

24. These arrangements do not have specific implications for Māori.

Implementation

25. This decision will allow routine matters to be processed during the election period.

Attachments

There are no attachments for this report.

Signatories

Authors

Felicity Prance - Policy Advisor