I hereby give notice that an inaugural meeting of the third Governing Body will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Tuesday, 1
November 2016
06:00pm
The Great
Hall
Auckland Town Hall
301-305 Queen Street
Auckland
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Governing Body
OPEN AGENDA
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MEMBERSHIP
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Mayor
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Phil Goff
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Deputy Mayor
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Bill Cashmore
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Councillors
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Dr Cathy Casey
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Daniel Newman, JP
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Ross Clow
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Dick Quax
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Fa’anana Efeso Collins
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Greg Sayers
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Linda Cooper, JP
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Desley Simpson, JP
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Chris Darby
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Sharon Stewart, QSM
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Alf Filipaina
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Sir John Walker, KNZM, CBE
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Hon Christine Fletcher, QSO
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Wayne Walker
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Richard Hills
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John Watson
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Penny Hulse
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Denise Lee
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Mike Lee
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(Quorum 11 members)
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Sarndra O’Toole
Team Leader - Governance Support
27 October 2016
Contact Telephone: (09) 890 8152
Email: sarndra.otoole@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Those powers which cannot legally be delegated:
(a) the
power to make a rate; or
(b) the
power to make a bylaw; or
(c) the power to
borrow money, or purchase or dispose of assets, other than in accordance with
the long term council community plan; or
(d) the
power to adopt a long term plan, annual plan, or annual report; or
(e) the
power to appoint a Chief Executive; or
(f) the
power to adopt policies required to be adopted and consulted on under the Local
Government Act 2002 in association with the long term plan or developed for the
purpose of the local governance statement; or
(g) the power to adopt a
remuneration and employment policy.
Additional responsibilities retained by the Governing Body:
(a) Approval of a
draft long term plan or draft annual plan prior to community consultation
(b) Approval of a
draft bylaw prior to community consultation
(c) Resolutions
required to be made by a local authority under the Local Electoral Act 2001,
including the appointment of electoral officer
(d) Adoption of,
and amendment to, the Committee Terms of Reference, Standing Orders and Code of
Conduct
(e) Relationships
with the Independent Māori Statutory Board, including the funding
agreement and appointments to committees.
(f) Approval
of the Unitary Plan
(g) Overview
of the implementation of the Auckland Plan through setting direction on key
strategic projects (e.g. the City Rail Link and the alternative funding
mechanisms for transport) and receiving regular reporting on the overall
achievement of Auckland Plan priorities and performance measures.
Exclusion of the public – who
needs to leave the meeting
Members of the public
All members of the public must leave the
meeting when the public are excluded unless a resolution is passed permitting a
person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
·
Access to confidential information is managed on a “need to
know” basis where access to the information is required in order for a
person to perform their role.
·
Those who are not members of the meeting (see list below) must
leave unless it is necessary for them to remain and hear the debate in order to
perform their role.
·
Those who need to be present for one confidential item can remain
only for that item and must leave the room for any other confidential items.
·
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
·
The members of the meeting remain (all Governing Body members if
the meeting is a Governing Body meeting; all members of the committee if the
meeting is a committee meeting).
·
However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
·
All councillors have the right to attend any meeting of a
committee and councillors who are not members of a committee may remain,
subject to any limitations in standing orders.
Independent Māori Statutory Board
·
Members of the Independent Māori
Statutory Board who are appointed members of the committee remain.
·
Independent Māori Statutory Board
members and staff remain if this is necessary in order for them to perform
their role.
Staff
·
All staff supporting the meeting (administrative, senior
management) remain.
·
Other staff who need to because of their role may remain.
Local Board members
·
Local Board members who need to hear the matter being discussed
in order to perform their role may remain. This will usually be if the
matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
·
Representatives of a Council Controlled Organisation can remain
only if required to for discussion of a matter relevant to the Council Controlled
Organisation.
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Governing Body
01 November
2016
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ITEM TABLE OF CONTENTS PAGE
A mihi whakatau will precede the formal
meeting.
The meeting will
be chaired by the Chief Executive until the Mayor has made his statutory
declaration.
Apologies
Statutory
Declaration – His Worship the Mayor, Phil Goff
There will be a musical interlude at this time to be
performed by Stella Singers.
Statutory Declarations – Councillors
The meeting will
adjourn once all councillors have made their statutory declarations and will
reconvene on Wednesday 2 November 2016, at 9.30am in the Reception Lounge,
Auckland Town Hall.
1 Affirmation 7
2 Apologies 7
3 Declaration of
Interest 7
4 Confirmation
of Minutes 7
5 Acknowledgements
and Achievements 7
6 Petitions 7
7 Public Input 7
8 Local Board
Input 7
9 Extraordinary
Business 7
10 Notices of Motion 8
11 Statutory Declaration -
His Worship the Mayor, Phil Goff
This item will be
part of the ceremonial section of the meeting held on Tuesday 1 November 2016
at 6.00pm in the Great Hall, Auckland Town Hall.
12 Statutory
Declarations - Councillors
This item will be part
of the ceremonial section of the meeting held on Tuesday 1 November 2016 at
6.00pm in the Great Hall, Auckland Town Hall.
13 Maiden
Speeches
14 Explanation
of laws affecting elected members 9
15 Establishment
of committees and the appointment of chairpersons 17
16 Terms
of Reference for committees 25
17 Appointments
to LGNZ 67
18 Appointments
to other entities - general 73
19 Auckland
Council membership on the Tūpuna Maunga Authority 81
20 Proposed
Auckland Unitary Plan Appeals - Delegations for Urgent Decisions 87
21 Governing
Body Meeting Schedule for November 2016 to Election 2019 89
22 Consideration
of Extraordinary Items
1 Affirmation
His Worship the
Mayor will read the affirmation.
2 Apologies
At the close of
the agenda no apologies had been received.
3 Declaration of
Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
4 Confirmation
of Minutes
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There will be no confirmation of minutes.
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5 Acknowledgements and Achievements
There will be no
acknowledgement and achievements section.
6 Petitions
There will be no
petitions section.
7 Public Input
There will be no
public input section.
8 Local Board Input
There will be no
local board input section.
9 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.”
10 Notices of Motion
At the close of
the agenda no requests for notices of motion had been received.
23 Statutory Declaration -
His Worship the Mayor, Phil Goff
His Worship the Mayor will make an oral declaration and sign a
written declaration which will be attested by the Chief Executive.
The Mayor will address the meeting, outlining his vision for
Auckland. He will acknowledge local boards and the appointment of the
Deputy Mayor.
This item will be part of the ceremonial section of the meeting held
on Tuesday 1 November 2016 at 6.00pm in the Great Hall, Auckland Town Hall.
24 Statutory
Declarations - Councillors
Each councillor will make an oral declaration and sign a written
declaration, which will be attested by His Worship the Mayor.
This item will be part of the ceremonial section of the meeting held
on Tuesday 1 November 2016 at 6.00pm in the Great Hall, Auckland Town Hall.
25 Maiden
Speeches
New councilors will have the opportunity to address the meeting.
The order of speaking will be as follows:
Councillor Efeso Collins
Councillor Richard Hills
Councillor Daniel Newman
Councillor Greg Sayers
Councillor Desley Simpson
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Governing Body
01 November
2016
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Explanation of laws affecting elected members
File No.: CP2016/21826
Purpose
1. At
the first meeting after the three-yearly local election, elected members are
required to receive a general explanation of the laws that affect them as
elected members.[1] This report provides that explanation.
Executive
summary
2. There are a number of core legal requirements that elected members
should be aware of when making decisions. These include the:
· Local Government Act 2002
· Local Government (Auckland Council) Act 2009
· Local Government Official Information and Meetings Act 1987
· Local Authorities (Members’ Interests) Act 1968
· Health and Safety at Work Act 2015
· Crimes Act 1961
· Secret Commissions Act 1910
· Financial Markets Conduct Act 2013
· Council decision-making requirements
· Personal liability of elected members
· Public law decision-making principles.
3. This
report and attachment provides an explanation of these core legal
requirements.
4. In
addition to these core legal requirements, there are many other statutes
relevant to certain council decisions (for example the Resource Management Act
1991 and the Reserves Act 1977).
5. Elected members will receive advice from staff on a case-by-case
basis to ensure that they understand their legal obligations when making
decisions.
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Recommendation/s
That the Governing Body:
a) note the general explanation of the laws
affecting elected members.
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Attachments
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No.
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Title
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Page
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a⇩ 
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Laws Affecting Elected Members - Core Legal
Requirements
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11
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Signatories
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Author
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Dani Gardiner, Manager Public Law
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Authorisers
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Katherine Anderson - Director Legal and Risk
Stephen Town - Chief Executive
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Governing Body
01 November
2016
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Governing Body
01 November
2016
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Establishment of committees and the appointment of
chairpersons
File No.:
CP2016/14736
Purpose
1. To
note my decisions about committees, their chairpersons and members.
Executive
Summary
2. I
announced, on Thursday 20 October 2016, my decisions on committees and the
appointment of chairpersons. This report presents my decisions for noting
by the Governing Body.
3. Attachment
A contains the committee structure. Attachment B contains the committee and
advisory panel membership, including chairpersons.
4. The
design of the committee structure was influenced by the need to streamline our
decision-making process to be more efficient and effective.
5. Ratepayers
have sent a strong message that they want Auckland Council to do more with less
and provide value in everything we do. Therefore, I have significantly
reduced the number of committees from the previous 19 to nine.
6. This
new structure will result in five fewer formal meetings a month, up to 15 fewer
reports needing to be prepared and a saving of 25% in staff and
councillors’ time.
7. The
three Committees of the Whole will take responsibility for the issues that
matter most to our communities. These issues provide not only the greatest
challenge for us as elected representatives but also an important opportunity
to take Auckland forward towards a better future as one of the world’s
best performing cities.
8. The
Planning Committee will tackle the unaffordability of housing, worsening
traffic congestion, and the need for increased infrastructure funding to
support growth.
9. The
Finance and Performance Committee will control and review expenditure across the
Auckland Council Group to improve value for money.
10. The
Environment and Community Committee will lead the protection and enhancement of
our stunning environment, including our green open spaces, harbours and natural
heritage. It will also drive economic development and lead Auckland
Council’s work on climate change.
11. Other
committees have been established to oversee community development and safety,
civil defence emergency management, regulatory issues, strategic procurement
and to provide audit and risk oversight.
12. The
new committee structure will also enable increased scrutiny of Council
Controlled Organisations.
13. Their
financial performance will be monitored by the Finance and Performance
Committee. However, CCOs will also be accountable to the other Committees of
the Whole for the level and quality of the services they provide to our
communities. A third level of accountability will rest with the newly created
Appointments and Performance Review Committee chaired by the Mayor which will make
appointments to CCOs as well as scrutinising the performance of Auckland
Council’s Chief Executive.
14. The
committee structure and appointments will be reviewed in 12 months’ time.
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Recommendation/s
That the Governing Body:
a) note
the decisions of His Worship the Mayor on the establishment of committees and
the appointment of chairpersons.
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Attachments
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No.
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Title
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Page
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a⇩ 
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Committee structure
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19
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b⇩
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Committee and Advisory Panel
membership
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21
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Signatories
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Author
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His Worship the Mayor, Phil Goff
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Governing Body
01 November
2016
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Governing Body
01 November
2016
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Governing Body
01 November
2016
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Terms of Reference for committees
File No.: CP2016/21698
Purpose
1. To
adopt Terms of Reference for the Governing Body’s committees for the
2016-2019 term.
Executive
summary
2. The
Mayor has the power to establish committees and appoint committee
chairpersons. The Governing Body gives effect to the committees by
delegating responsibilities and powers. The Terms of Reference contain
these delegations.
3. There is one change in the introduction section (paragraph 1.4)
which formalises the Mayor’s ability to direct that a matter be escalated
to the Governing Body.
4. The
Auckland Domain Committee is included in the section on joint committees but is
subject to agreement with the Waitematā Local Board.
5. The
sector panels are included in these Terms of Reference. The sector panels
are:
(i) Rural Advisory Panel
(chaired by a councillor)
(ii) Auckland City Centre
Advisory Board (elects own chair)
(iii) Heritage Advisory Panel (chaired
by a councillor).
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Recommendation/s
That the Governing Body:
a) adopt
the Terms of Reference for the committees in Attachment A to the agenda
report and delegate to those committees the responsibilities, duties and
powers set out in the Terms of Reference.
b) authorise
the General Manager Democracy Services to amend the Terms of Reference by
reflecting additional decisions of the Mayor and Governing Body that relate
to the Terms of Reference (such as membership of committees and advisory
panels) and to make any other amendments of a minor nature.
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Comments
Committees,
joint committees and working parties
6. The Terms of Reference implement the committee structure established
by His Worship the Mayor. The Mayor has the power to establish
committees, including their members, and to appoint their chairpersons.
By adopting the Terms of Reference, the Governing Body is delegating the
appropriate responsibilities and powers to the committees established by the
Mayor and setting quorums.
7. The practice of the previous Governing Body of setting the quorum at
one-half for most of the committees has been continued. A practice of the
previous term of making all councillors who are not named members of a small
committee ex-officio members, has only been applied to the Civil Defence
Emergency Management Group Committee.
8. The approach taken with the key committees continues the previous
practice of setting out each committee’s responsibilities in broad terms
and delegating full powers relating to those responsibilities subject to
exceptions. A very prescriptive approach might lead to matters being left out.
For more specialised committees, such as the Audit and Risk Committee and the
Regulatory Committee, the delegations are more specific.
9. The previous Terms of Reference contained a provision that, if there
was ambiguity or conflict as to which committee a matter should be reported to,
the Mayor would decide. A further provision,
expressed as a power to call-in a matter, now allows the Mayor to require that
a matter should not be decided by a committee but by the Governing
Body.
10. The Auckland
Domain Committee is included in the section on joint committees. The
Local Government Act 2002 requires that parties to a joint committee firstly
formally reach agreement. The Terms of Reference for this committee are therefore
subject to agreement with the Waitemata Local Board. Any issues around
this committee will be reported to the Environment and Community Committee.
11. The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working Party
has been included. This has been a standing working party over the
previous term. A working party does not pass resolutions but provides a
political forum, in this case for discussion of settlement matters and making
recommendations to the Governing Body.
12. The work of
the former WW1 Steering Group will be continued by the Environment and
Community Committee.
13. The
allocation of specific areas of responsibility to individual councillors may be
developed in consultation with councillors.
Advisory
Panels
14. Advisory
panels are included in the Terms of Reference.
15. There are two types of advisory panels – demographic and
sector. The Mayor is considering a report on the review of the
demographic advisory panels conducted prior to the elections before making a
proposal on new terms of reference for these panels.
16. The sector panels are:
(i) Rural
Advisory Panel (chaired by a councillor)
(ii) Auckland
City Centre Advisory Board (elects own chair)
(iii) Heritage
Advisory Panel (chaired by a councillor).
17. The Rural Advisory Panel has contributed to improved outcomes for
rural communities by offering a wide range of rural sector views, and providing
strategic advice on the current and emerging needs of rural communities in
Auckland. Meetings will take place every two months.
18. The
Auckland City Centre Advisory Board advised on the work programme for the
targeted rate, and the development of city centre projects. The Board is
supported by the council’s Development Office and will meet every month.
The Auckland City Centre Advisory Board will continue to elect its own chair.
19. The Heritage Advisory Panel mainly focused its advice on the
Proposed Auckland Unitary Plan. The Mayor wishes to continue this panel in its
current form and will review its first year of operation.
20. The appropriate council committee will approve the panels’
work programmes to give effect to the panels’ advisory function. Each
panel will have direct and formal connections with a relevant council committee
to present its advice to the Governing Body.
21. The sector advisory panels will likely review current terms of
reference and report recommendations back to the Governing Body within six
months.
Consideration
Local
board views and implications
22. The
Terms of Reference relate to the Governing Body’s committees and local
board views have not been sought on these as they are matters of Governing Body
procedure.
Māori
impact statement
23. The completed Terms of Reference will include the names of the IMSB
members for the relevant committees once they are appointed. The purpose
of the IMSB includes promoting cultural, economic, environmental, and social
issues of significance to Māori.
Implementation
24. The first
meetings of the committees are shown on the meeting schedule that is presented
under a separate agenda item.
Attachments
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No.
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Title
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Page
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a⇩
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Terms of Reference for Committees
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29
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Signatories
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Author
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Warwick McNaughton - Principal Advisor - Democracy
Services
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Authorisers
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Marguerite Delbet - General Manager Democracy Services
Phil Wilson - Governance Director
Stephen Town - Chief Executive
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Governing Body
01 November
2016
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Governing Body
01 November
2016
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Appointments to LGNZ
File No.: CP2016/20831
Purpose
1. To
make appointments to Local Government New Zealand (LGNZ).
Executive
summary
2. Due
to meetings occurring in the November and December period, appointments to LGNZ
Zone 1, the Metro Sector and the Regional Sector need to be made at this
meeting. The Metro Sector met on 28 October 2016. The Regional
Sector is due to meet on 4 November 2016. Zone 1 is due to meet on 21
November 2016.
3. The
LGNZ National Council comprises representatives of the Zones and of the Sector
Groups. The Zones and Sector Groups make their appointments to National
Council at their first meetings following the submission of nominations. There
are National Council meetings on 8 and 9 December 2016.
4. The
Zones and Sector Groups also appoint their chairpersons at their first meetings
following the submission of nominations.
5. Zone
1 has previously been open to all local board members to attend. It is
preferable to identify specific local board representatives rather than leave
it open. This will facilitate consistency, pre-meeting briefings and more
meaningful participation by local boards.
6. The
governing body has previously delegated to the mayor the ability to make, or
second, nominations for the zone and sector group chairs and appointments to
the National Council.
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Recommendation/s
That the Governing Body:
a) appoint
two councillors to represent the council at Zone 1 meetings and invite local
boards to appoint eight members to represent the council at Zone 1 meetings.
b) appoint
His Worship the Mayor to represent the Auckland Council at meetings of the
LGNZ Metro Sector.
c) appoint
a councillor to represent the council at meetings of the Regional Sector
Group.
d) confirm
the delegation to His Worship the Mayor to make, or second, nominations and
to make any other decisions on behalf of the Auckland Council in relation to
the election of chairs to Zones and Sector Groups and appointments to the
LGNZ National Council.
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Comments
Local
Government New Zealand (LGNZ)
7. LGNZ
is constituted as an incorporated society (New Zealand Local Government
Association Inc). The members of the society are individual
councils.
8. The
objectives of LGNZ, under the constitution, are summarised as:
· promote
the national interests of local government
· advocate
on matters affecting the national interests of local government
· dialogue
with government, parliamentarians and government agencies
· provide
information to members
· research
matters on behalf of member authorities
· advice
and training opportunities
· hold
conferences
9. The
components of LGNZ are:
· National
Council, which is the governing body of LGNZ
· Zones,
which are geographical groups of councils
· Sector
Groups, which are groups of councils based on local government sector
(metropolitan, provincial, regional, rural).
10. The president
and vice-president are elected at an AGM by ballot of members.
11. The national
council comprises the president and 14 members who are appointed by zones and
sectors. The national council employs the chief executive.
12. Zones and
sectors generally:
· make
appointments to national council
· provide
advice to national council
· disseminate
information to members
· assist
the national council with dealing with issues
13. Auckland
Council’s annual subscription for the period April 2016 to March 2017 is
$370,785 (GST inclusive) (plus a 2016/2017 levy for the LGNZ excellence
programme of $3,354 (GST inclusive)).
14. Auckland
Council gets a number of benefits from its interactions with LGNZ. These
benefits include keeping abreast of national issues affecting local government,
influence of local government issues on the national agenda, providing sector
leadership, and the ability for elected representatives to connect and network
with their peers from across the country.
National
Council
15. National
council comprises:
· President
· Two appointed by zone 1
· One appointed by each of
zone 2, 3, 4, 5, 6
· Three appointed by
metropolitan group
· Two appointed by
regional group
· One
appointed by each of provincial and rural groups.
16. Any elected
member can be appointed. An Auckland Council elected member includes both
Governing Body and local board members.
17. Committees of
national council include:
· governance and strategy
· environmental policy
· economic and social
policy
· sector performance
· audit and risk committee
· conference committee
· chief executives forum
· Te Maruata
· young elected members
· Community Board
Executive Committee (an advisory committee).
18. Of the groups
the Auckland Council belongs to, Zone 1 appoints two members, the Metro Sector
Group appoints three members and the Regional Sector Group appoints two
members. These appointments must take place within eight weeks following
a triennial election. Nominations are submitted prior to the Zone or
Sector Group meeting and representatives elected at the meeting. Alternatively
election may take place by postal ballot.
Zone
1
19. Zone 1 comprises
the member councils in the Northland and Auckland regions:
· Auckland
Council
· Kaipara
District Council
· Whangarei
District Council
· Far
North District Council
· Northland
Regional Council.
20. The role of a
zone includes appointing members of the national council, receiving reports
from LGNZ about matters of national interest to local authorities and
communicating to LGNZ the issues and concerns affecting zone members.
21. The key item
of interest at Zone 1 meetings is the national update from LGNZ. The
President and Chief Executive of LGNZ (or their representatives) attend to
present the update.
22. For the past
two terms the chair of Zone 1 has been an Auckland Council councillor and
support has been provided by Auckland Council. In the previous term the
chair was Penny Webster.
23. Previously,
all twenty-one local boards had identified representatives. Attendance at Zone
1 meetings is generally open to all local board members. In practice,
attendance of local board members at meetings has been unpredictable and
variable, with a small core group of local board members showing interest in
these meetings.
24. Last term,
local board representatives expressed concerns about the effectiveness of local
board participation. Participation could be improved by:
(i) identifying
a smaller group of local board representation rather than just extending an
open invitation
(ii) providing a
structured briefing for attendees prior to each meeting, and attendees agreeing
an Auckland Council position on relevant agenda items.
25. There is an
opportunity to be more strategic and purposeful with our representation at
Zone 1. Having fewer representatives would give those in the role a
greater responsibility to represent Auckland Council, cascade information to
their peers and seek the views of their peers on issues to be raised through
LGNZ. This may also increase the likelihood of a local board member being
appointed to the National Council.
26. A briefing
session can be arranged more effectively if there is a smaller group of named
representatives.
27. Any other
local board members or councillors would still be able to attend.
28. It is
recommended that the Governing Body appoint two councillors to Zone 1 and
invite local boards to appoint eight local board members. The local board
chairs forum would provide a suitable mechanism for identifying the eight local
board members given the short time frame prior to the first meeting of Zone 1.
29. The next
meeting of Zone 1 will be held on Monday 21 November 2016.
Metro
Sector
30. The
metropolitan sector comprises member councils having populations exceeding
90,000. It has an electoral function in terms of appointments to the national
council and addresses issues of relevance to the metro sector.
31. In the past
term the council’s representative was then Deputy Mayor Penny
Hulse. Given the size of Auckland and the expectation that council
representatives at Metro Sector meetings would be at the level of Mayor and
Chief Executive, it is recommended that the Governing Body appoint the Mayor to
represent the council at meetings of the Metro Sector.
32. The first
meeting was scheduled for 28 October 2016. The Mayor was not able to
attend.
Regional
Sector
33. The Regional
Sector Group comprises all regional and unitary councils. In the past
term, the council’s representative was Councillor Bill Cashmore.
34. The next
meeting will he held on 4 November 2016.
35. It is
recommended that the Governing Body appoint one councillor to represent the
Auckland Council at meetings of the Regional Sector Group.
Representation
36. The members
of LGNZ are the councils themselves. From time to time meetings of Zones or
Sector Groups will pass resolutions. Those representing a council at such
times need to vote in a way that reflects the council position and, if the
council position on a matter is unknown, may need to refrain from voting.
Consideration
Local
board views and implications
37. Local board
representatives in the previous term considered that the role of local boards
at LGNZ meetings could be improved. One way to do this is to have
nominated local board representatives attend Zone 1 meetings who provide
continuity of representation.
38. Another
aspect raised by representatives was that the role of local boards in the LGNZ
structure should receive greater recognition. The Zone 1 meeting in June
decided that following the elections the chair and deputy chair of Zone 1 would
visit all local boards to promote the relevance of Zone 1.
Māori
impact statement
39. The LGNZ
National Council has a sub-committee, Te Maruata, which has the role of
promoting increased representation of Māori as elected members of local
government, and of enhancing Māori participation in local government
processes. It also provides support for councils in building
relationships with Iwi, Hapu and Māori groups. Te Maruata provides
Māori input on development of future policies or legislation relating to
local government. Appointments to Te Maruata are not made by councils,
but it is noted that Councillor Alf Filipaina was a member of the sub-committee
in the previous term.
Implementation
Attachments
There are no attachments for
this report.
Signatories
|
Authors
|
Warwick McNaughton - Principal Advisor - Democracy
Services
|
|
Authorisers
|
Marguerite Delbet – General Manager Democracy
Services
Phil Wilson - Governance Director
Stephen Town - Chief Executive
|
|
Governing Body
01 November
2016
|
|
Appointments to other entities - general
File No.: CP2016/20891
Purpose
1. To
make urgent appointments to the below entities:
Executive
summary
2. The
body of the report gives details about appointments to:
a) Aircraft
Noise Community Consultative Group (ANCCG)
b) Auckland Town Hall
Organ Trust
c) Friends
of the Auckland Botanic Gardens Incorporated
d) Hauraki Gulf Forum
e) Kaipara Harbour Joint
Political Committee
f) Kaipara Moana
Working Party
g) Mutukaroa
(Hamlins Hill) Management Trust
h) Ngati Whatua Orakei
Reserves Board.
3. These
appointments are reported now due to meetings of the bodies concerned coming up
in the near future. Appointments to other bodies will be made when
appropriate and possibly through a committee having this responsibility.
4. Delegations
to local boards in relation to making appointments to local organisations are
attached for confirmation.
|
Recommendation/s
That the Governing Body:
a) appoint
one councillor and an alternate to the Aircraft Noise Community Consultative
Group for a term of three years and delegate to His Worship the Mayor the
responsibility to agree with Auckland International Airport Limited (AIAL)
the chairperson of the Group.
b) appoint
one or two persons to the Auckland Town Hall Organ Trust for a further three
years.
c) nominate
one member for appointment to the Trust Board of the Friends of the Auckland
Botanic Gardens Inc. and confirm the delegation to the Manurewa Local Board
to make one appointment.
d) appoint
five members of the Hauraki Gulf Forum and confirm the previous delegation to
the Great Barrier Local Board and Waiheke Island Local Board to appoint one
member each.
e) appoint
one member to the Kaipara Harbour Joint Political Committee.
f) appoint
three members to the Kaipara Moana Working Party.
g) nominate
one member for the Mutukaroa (Hamlins Hill) Management Trust and note the
delegation to the Maungakiekie-Tamaki Local Board to make the other
nomination.
h) appoint
two members to the Ngati Whatua Orakei Reserves Board for a term of three
years and appoint one of them as deputy chairperson.
i) confirm
delegations to local boards as attached in Attachment A to the agenda report.
|
Comments
General
comments
5. The
council can become involved in making appointments to other organisations in a
number of ways, including:
a) through
a provision in legislation
b) under
a trust deed, incorporated society constitution or another constitutional
document
c) as a
requirement of a resource consent or some other planning instrument.
Aircraft
Noise Community Consultative Group (ANCCG)
6. The
ANCCG resulted from proposals for a second runway and was formed as a
requirement of Designation 231 Auckland International Airport Limited: Land Use
Condition 9a and Attachment A Terms of Reference.
7. The
Governing Body has the responsibility of appointing one councillor and jointly
agreeing with AIAL on the independent chair. The current chair is David
Shand. The Mangere-Otahuhu, Manurewa,
Otara-Papatoetoe, Howick and Franklin Local Boards make appointments. Other local boards that have an interest in
aircraft noise may also make appointments. The term is
three years.
8. The
appointment by the Governing Body for the previous term was Councillor Alf
Filipaina, with Councillor Denise Lee as alternate.
9. The
Governing Body is asked to appoint one councillor and an
alternate to the Aircraft Noise Community Consultative Group for a term of
three years and delegate to His Worship the Mayor the responsibility to agree
with AIAL the chairperson of the Group.
10. The next
meeting of the group is on 14 December 2016.
Auckland
Town Hall Organ Trust
11. The
trust deed provides for up to two trustees to be appointed by the Auckland
Council . There is no requirement that they be members of the Auckland
Council.
12. The
trust was established in 2006. The purpose of the trust is the proper
management of the reinstatement of the organ, the ongoing repair and
maintenance of the organ and the availability of the organ for use in events,
and by organ students, for the benefit of the public.
13. At
its meeting on 16 December 2010 the Governing Body resolved to appoint Desley
Simpson to the Auckland Town Hall Organ Trust as recommended by the Trust, and
reappointed her following the 2013 elections.
14. The
next meeting of the Trust is on 30 November 2016.
Friends
of the Auckland Botanic Gardens Incorporated
15. This
is an incorporated society. The management of the society rests in a
trust board (policy and financial matters) and an executive committee
(day-to-day operations). There is provision for up to two appointments by
the former Auckland Regional Council (ARC) on the trust board, which now fall
to the Auckland Council. The appointees must be elected members. The term
of office ends at the following local government elections.
16. The
Botanic Gardens are a regional facility and are physically located in Hill Road
in Manurewa. The Governing Body has previously resolved to delegate the
appointment of one of the Auckland Council appointees to the Manurewa Local
Board (minute GB/2011/18). In 2013, the Governing Body appointed
Councillor Wayne Walker to the trust board.
17. The Governing Body is asked to nominate one
member for appointment to the Trust Board of the Friends of the Auckland
Botanic Gardens Inc.
18. The
next meeting is on Monday 21 November 2016.
Hauraki
Gulf Forum
19. The Hauraki
Gulf Forum is a joint committee established by the Hauraki Gulf Marine Park Act
2000, with the following membership:
“(2) The forum consists of the
following representatives:
(a) one representative appointed by the Minister [of Conservation]:
(b) one representative appointed by the Minister of
Fisheries:
(c) one representative appointed by the Minister of
Māori Affairs:
(ca) seven representatives appointed by the Auckland Council:
(d) one representative appointed by each of the following
local authorities:
(iv) Hauraki District Council:
(vi) Matamata-Piako District Council:
(ix) Thames-Coromandel District Council:
(x) Waikato District Council:
(xi) Waikato Regional Council:
(e) Six representatives of the tangata whenua of the Hauraki Gulf
and its islands appointed by the Minister, after consultation with the tangata
whenua and the Minister of Māori Affairs.
(2A) The
representatives appointed in accordance with subsection (2)(ca) must—
(a) be members of —
(i) the Auckland Council; or
(ii) a local board of the Auckland Council elected in accordance
with the Local Electoral Act 2001; and
(b) include one member of each of the Great Barrier
Island and Waiheke Island local board”.
20. In the
previous term the Governing Body directly appointed: Councillors Bill Cashmore, Chris Darby, Chris Fletcher, Mike Lee and Wayne
Walker, with Councillor Linda Cooper as alternate. In addition, it
delegated the appointment of the Great Barrier Island and Waiheke Island local
board representatives, to the respective local boards.
21. At the time
of preparation of this report, the next meeting had not been set, and may not
be until February.
22. The Governing
Body is asked to appoint five members of the Hauraki Gulf
Forum and confirm the previous delegation to the Great Barrier Local Board and
Waiheke Island Local Board to appoint one member each.
Kaipara Harbour Joint
Political Committee
23. The
management of the Kaipara Harbour under the Resource Management Act is
presently divided between the Auckland Council (southern half) and Northland
Regional Council (northern half) for coastal matters, with the Kaipara and
Whangarei District Councils, and the Auckland Council responsible for land use.
24. In 2013
Auckland Council, the Northland councils’ and iwi groups (Te Uri o Hau
and Ngāti Whātua o Kaipara) agreed Terms of Reference to establish
the Kaipara Harbour Joint Political Committee. The Committee works to promote integrated management of the Kaipara Harbour and its
catchments by councils and iwi until a formal governance structure is
determined (likely through a Treaty settlement). The committee also
provides oversight and support for the activities of the Integrated Kaipara
Harbour Management Group (IKHMG), including advocacy to secure resources for
joint initiatives. Although the committee does not have decision-making
powers, it is a useful venue for discussion between councils and iwi on matters
of shared interest.
25. The committee
consists of representatives of:
i) Ngati
Whatua iwi groups
ii) Auckland
Council Governing Body
iii) Rodney
Local Board
iv) Kaipara
District Council
v) Whangarei
District Council
vi) Northland
Regional Council
26. The committee
meets quarterly. The next meeting of the committee has not
been set.The Governing Body was previously represented by former
Councillor Penny Webster.
27. The Governing
Body is asked to appoint one member to the Kaipara Harbour
Joint Political Committee.
Kaipara
Moana Working Party
28. The Crown is
in Treaty settlement negotiations with Ngāti Whātua iwi/hapū to
settle outstanding historical Treaty claims over the Kaipara Harbour.
Redress proposed by the Crown includes the establishment of a co-governance
regime to involve councils and iwi.
29. In November
2015 the Governing Body agreed to establish a joint working party with the
Northland Regional Council, the Kaipara District Council, and the Whangarei
District Council to better coordinate engagement with the
Crown and Ngāti Whātua during Treaty settlement
negotiations. A memorandum of understanding between councils was signed
in January 2016 confirming this agreement and setting out the shared
aspirations of councils. Decision-making powers are retained by the
respective councils.
30. The Kaipara Moana Working Party met three times in 2016, including
with Ngāti Whātua. It is expected to
meet next in December 2016.
31. The Governing
Body previously appointed three representatives to the working party: the
former Councillor Penny Webster (Rodney Ward), Councillor Linda Cooper
(Waitakere Ward) and Brenda Steele (Rodney Local Board chair). The
Northland Regional Council, Kaipara District Council and Whangarei District
Council each appoint one representative.
32. The Governing
Body is asked to appoint three members to the Kaipara Moana
Working Party.
Mutukaroa
Management Trust
33. The
Mutukaroa (Hamlins Hill) Management Trust was set up by trust deed by the Crown
to make decisions on the Mutukaroa property, which is leased by the Trust to
the Auckland Council as a regional park. The trust deed provides for six
trustees including one nominated by the ARC and one nominated by Auckland City
Council. Auckland Council inherits the nominating rights of both and can
nominate two trustees.
34. Three
other trustees are nominated by the Ngati Whatua Orakei Trust, Ngati Paoa Trust
Board and the Waikato Tainui Te Kauhanganui. The Maungakiekie MP (Hon
Peseta Sam Lotu-Iiga) is also a trustee.
35. The
Governing Body previously nominated Councillor Denise Lee and delegated the
other nomination to the Maungakiekie-Tamaki Local Board.
36. The
next meeting of the Trust has not been set.
37. The
Governing Body is asked to nominate one member for the
Mutukaroa (Hamlins Hill) Management Trust and note the delegation to the
Maungakiekie-Tamaki Local Board to make the other nomination.
Ngati Whatua Orakei Reserves
Board
38. The Reserves
Board is established under the Ngati Whatua Orakei Claims Settlement Act 2012.
It is the administering body for the whenua rangatira, an area of reserve of 48
hectares, and for the Pourewa Creek reserve. The Board has six members
(or such greater even number as may be agreed between the Ngati Whatua
Orakei Trust and the Auckland Council). The Auckland Council appoints
half the Board and the Trust appoints the other half. The term is three
years. The Trust appoints the chair and Auckland Council appoints the
deputy chair.
39. By previous
resolution (GB/2011/19) the Governing Body has delegated the appointment of one
member to the Orakei Local Board. The Auckland Council members for the
previous term were:
(i) Former
Councillor Cameron Brewer (Deputy Chair)
(ii) Councillor
Linda Cooper
(iii) Kit
Parkinson (appointed by the Orakei Local Board).
40. The Governing
Body is asked to appoint two members to the Ngati Whatua
Orakei Reserves Board for a term of three years and appoint one of them as
deputy chairperson.
41. The next
meeting of the Board is on Monday 28 November 2016.
Consideration
Local
board views and implications
42. One
of the functions of local boards is to communicate with community organisations
within their areas. Local board members often attend meetings of
community organisations to facilitate that communication.
43. Where
a document, such as a trust deed, provides for the Auckland Council to make an
appointment to an organisation, the appointment is the responsibility of the
Governing Body unless it is delegated.
44. Attached
is a schedule of appointments made by local boards. The Governing Body is
asked to confirm delegations to the relevant local boards.
Māori
impact statement
45. Of
the 10 organisations described in the report, the Hauraki Gulf Forum, Hauraki
Gulf Marine Spatial Plan Project Steering Group, Kaipara Harbour Joint
Political Committee, Mutukaroa Management Trust and Ngati Whatua Orakei
Reserves Board either have express iwi representation or are co-management
entities.
Implementation
46. These appointments need to be made immediately due to upcoming
meetings of the respective organisations.
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Delegations to local boards
|
79
|
Signatories
|
Author
|
Warwick McNaughton - Principal Advisor - Democracy
Services
|
|
Authorisers
|
Marguerite Delbet – General Manager Democracy
Services
Phil Wilson - Governance Director
Stephen Town - Chief Executive
|
|
Governing Body
01 November
2016
|
|
Delegations
to Local Boards to make appointments on behalf of Auckland Council to local
organisations:
|
Community Impact
Forum (CIF) for the Wiri Men’s Prison
|
Manurewa
|
|
East City
Community Trust
|
Orakei
|
|
Friends of
Arataki Incorporated
|
Waitakere Ranges
|
|
Glen Eden
Railway Restoration Trust
|
Waitakere Ranges
|
|
Greenmount
Landfill Community Liaison Group
|
Howick
|
|
Hunua Quarry
Ecological Trust
|
Franklin
|
|
Keep Auckland
Beautiful Trust
|
Great Barrier
|
|
Keep Waitakere Beautiful
|
Henderson-Massey
Waitakere Ranges
Whau
|
|
KiwiCan Trust
|
Manurewa
|
|
Mt Eden
Methodist Church Charitable Trust
|
Albert-Eden
|
|
Mt Roskill
Grammar School Artificial Playing Surface Trust
|
Puketapapa
|
|
North Shore
Heritage Trust
|
Devonport-Takapuna
Kaipataki
Upper Harbour
Hibiscus and
Bays
|
|
Safe Waitakere
Injury Prevention Board
|
Henderson-Massey
|
|
Tag Out Trust
|
Whau
|
|
Waiheke
Recreation Centre Trust (charitable entity)
|
Waiheke
|
|
Waitakere
Playhouse Theatre Trust
|
Waitakere Ranges
|
|
Whitford
Landfill
|
Franklin
|
|
Whitford Quarry
|
Franklin
|
|
Governing Body
01 November
2016
|
|
Auckland Council membership on the Tūpuna Maunga
Authority
File No.: CP2016/20026
Purpose
To recommend that
Auckland council elected membership on the Tūpuna Maunga Authority
comprise three governing body and three local board members, and to appoint
three governing body members to the Maunga Authority.
Executive
summary
1.
The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
(Act) transferred the ownership of 14 Tūpuna Maunga
to Ngā Mana Whenua o Tāmaki Makaurau (Ngā Mana Whenua).
The Act also established the Tūpuna Maunga o
Tāmaki Makaurau Authority (Tūpuna Maunga Authority), a bespoke co-governance entity, to administer the
Tūpuna Maunga.
2. The
membership of the Tūpuna Maunga Authority consists of two members
appointed by each of the three rōpū entities to which the 13 iwi and
hapu constituting Ngā Mana Whenua associate, six members appointed
by council and one non-voting member appointed by the Minister for Arts,
Culture and Heritage (for the first three years of the Maunga Authority).
3. It
is proposed that council membership on the Maunga Authority consist of three
governing body and three local board members. This mirrors the
composition of the Tūpuna Maunga Authority in its inaugural term, which
has proven to be a successful model.
4. It
is proposed the following criteria be considered when appointing members to the
Tūpuna Maunga Authority:
a) a
strong interest in and commitment to the health and wellbeing of the
Tūpuna Maunga
b) a
strong interest in and commitment to the key principles that underpin the
co-governance relationship, being a relationship of partnership with its
foundations in Te Tiriti o Waitangi/the Treaty of Waitangi, and the principle
that ‘the Tūpuna Maunga are the kaupapa’
c) that
local board representatives are appointed from areas of the region where
maunga included in the settlement are located
d) that
the governing body and local boards consider a geographic spread of
representation when appointing Maunga Authority members
e) given
the regional nature of their responsibilities governing body representation
need not be restricted to councillors within whose wards the maunga are
situated
5. Previously the governing body approved the creation of a local board
forum to enable a two-way dialogue on issues affecting the maunga between the
council members on the Tūpuna Maunga Authority and the forum. The
Tūpuna Maunga Authority management is currently considering the best
approach to managing its important relationships with relevant local boards,
and is likely to take a more one-to-one approach to these relationships in the
future as it moves to develop individual maunga management plans. This
does not preclude the use of a ‘forum’ approach when looking to
engage with local boards on issues of relevance to all of them.
|
Recommendation/s
That the Governing Body:
a) agree
that Auckland Council elected membership on the Tūpuna Maunga Authority
comprise three governing body and three local board members.
b) appoint
three governing body members to the Tūpuna Maunga Authority.
c) invite
the eight local boards within whose area the maunga are located to nominate
three members to be appointed to the Tūpuna Maunga o Tāmaki Makaurau Authority by the
governing body.
|
Comments
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act
2014
6. The
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 (the
Act) legislated the transfer of ownership of the 14
Tūpuna Maunga to Ngā Mana Whenua o Tāmaki Makaurau (Ngā
Mana Whenua). The Act also established the Tūpuna
Maunga o Tāmaki Makaurau Authority (the Tūpuna
Maunga Authority), a bespoke co-governance entity to
administer the Tūpuna Maunga.
7. The 13 Ngā
Mana Whenua are:
· Ngāi Tai ki Tāmaki
· Ngāti Maru
· Ngāti Pāoa
· Ngāti Tamaoho
· Ngāti Tamaterā
· Ngāti Te Ata
· Ngāti Whanaunga
· Ngāti Whātua o Kaipara
· Ngāti Whātua Ōrākei
· Te
Ākitai Waiohua
· Te
Kawerau ā Maki
· Te
Patukirikiri
· Hapū of
Ngāti Whātua (other than Ngāti Whātua o Kaipara and
Ngāti Whātua Ōrākei) whose members are beneficiaries of Te
Rūnanga o Ngāti Whātua, including Te Taoū not descended
from Tiperiri.
8. The
following table outlines the location of the Tūpuna Maunga administered by
the Tūpuna Maunga Authority and notes the local board and ward area:
|
Tūpuna
Maunga
|
Local
board area
|
Ward
area
|
|
· Maungawhau / Mt. Eden
· Owairaka / Mt. Albert
· Te Kopuke – Titikopuke / Mt. St.
John
|
Albert-Eden
|
Albert-Eden-Roskill
|
|
· Puketapapa – Pukewiwi / Mt. Roskill
· Te Tatua-a-Riukiuta / Big King
|
Puketapapa
|
|
· Maungauika / North Head[2]
· Takarunga / Mt. Victoria
|
Devonport-Takapuna
|
North Shore
|
|
· Ohuiarangi / Pigeon Mountain
|
Howick
|
Howick
|
|
· Maungakiekie / One Tree Hill
· Maungarei / Mt. Wellington
· Otahuhu / Mt. Richmond
|
Maungakiekie-Tamaki
|
Maungakiekie-Tamaki
|
|
· Mangere Mountain
|
Mangere-Otahuhu
|
Manukau
|
|
· Matukutururu / Wiri Mountain
|
Manurewa
|
Manurewa-Papakura
|
|
· Ohinerau / Mt. Hobson
|
Orakei
|
Orakei
|
Membership of the
Tūpuna Maunga o Tāmaki Makaurau Authority
9. Under
the Act, membership of the Tūpuna Maunga Authority is to comprise:
· two members
appointed by each rōpū entity
· six members
appointed by council
· one non-voting
member appointed by the Minister for Arts, Culture and Heritage (for the first
three years of the Maunga Authority).
10. The
members appointed by the rōpū entities must appoint the chairperson
and the members appointed by council must appoint the deputy chairperson.
11. The
Act sets out further matters relating to standing orders, meetings,
remuneration, delegations and conflicts of interest.
Role of the
Tūpuna Maunga Authority
12. The
Tūpuna Maunga Authority is a bespoke co-governance entity established
through a historical Treaty of Waitangi settlement to administer the
Tūpuna Maunga. It is independent of Auckland Council.
13. Under
s109 of the Act, “In exercising its powers and carrying out its functions
in relation to the maunga, the Maunga Authority must have regard to the
spiritual, ancestral, cultural, customary, and historical significance of the
maunga to Ngā Mana Whenua o Tāmaki Makaurau”. It is
responsible for setting the vision for the future of the Tūpuna Maunga.
14. The
Tūpuna Maunga Authority has developed a set of Values that outline the
vision for the Tūpuna Maunga, and which provides the strategic
architecture of the Integrated Management Plan approved earlier this
year. This Integrated Management Plan sets the future direction for the
management of the Tūpuna Maunga.
15. Each
financial year the Maunga Authority and council must prepare, agree and adopt
an operational plan to provide the framework for council to carry out its
responsibilities for the routine management of the maunga under the direction
of the Tūpuna Maunga Authority. A summary of the operational plan
must be included in council’s annual and long-term plans.
16. The
Tūpuna Maunga Authority has had a highly successful and productive
inaugural term. In addition to developing an Integrated Management Plan
which recently received a national award[3]
and approving annual operational plans, it has:
a) developed
a set of policies and frameworks to guide its decision making (e.g. Events on
the Tūpuna Maunga) which reflect the Authority’s statutory purpose
and the mana whenua worldview
b) declared
the Tūpuna Maunga to be smoke-free and alcohol-free environments
c) pedestrianised
the tihi (summit) of Maungawhau/Mt Eden and enhanced peoples’ experience
of this space
e) resolved
to support central government’s intention to seek World Heritage Status
over the volcanic field in Tāmaki Makaurau
17. Importantly,
the Tūpuna Maunga Authority has created its own tikanga (cultural
practice) that reflect the partnership model, its independent status and clear
statutory purpose. The statutory purpose has enabled consensus decision
making that is in the best interests of the maunga and, reflecting the mana
whenua worldview, is intergenerational in nature. The Tūpuna Maunga
Authority exemplifies best practice in contemporary resource management
approaches to our important taonga tuku iho (treasures to be handed down the
generations).
Role of
Auckland Council
18. Auckland
Council is responsible for the routine management of the Tūpuna Maunga
under the direction of the Tūpuna Maunga Authority. Council is also
required to provide the Tūpuna Maunga Authority with the support necessary
for it to carry out its functions, including responsibility for costs and
routine management in relation to the maunga and administered lands.
Auckland
Council membership on the Maunga Authority
19. It
is proposed that council membership on the Maunga Authority consist of three
governing body and three local board members. This mirrors the
composition of the Tūpuna Maunga Authority in its inaugural term, which
has proven to be a successful model. This composition will:
a) enable
shared representation from the Governing body and local boards that reflects
council’s shared decision making model
b) allow
for Governing body members to account for the views from a regional perspective
c) allow
local board members to reflect views from a local perspective, whilst also
being responsible for taking a region-wide perspective in the
administration of the maunga
d) enables
stronger links and information sharing between the Tūpuna Maunga Authority
and local communities, many of whom take a very active interest in the
stewardship of the maunga.
20. It
is also proposed that the following criteria be considered when appointing
members to the Tūpuna Maunga Authority:
a) a
strong interest in and commitment to the health and wellbeing of the
Tūpuna Maunga
b) a
strong interest in and commitment to the key principles that underpin the
co-governance relationship, being a relationship of partnership with its
foundations in Te Tiriti o Waitangi/the Treaty of Waitangi, and the principle
that ‘the Tūpuna Maunga are the kaupapa’
c) that
local board representatives are appointed from areas of the region where maunga
included in the settlement are located
d) that
the Governing body and local boards consider a geographic spread of
representation when appointing Maunga Authority members
e) given
the regional nature of their responsibilities governing body representation
need not be restricted to councillors within whose wards the maunga are
situated
Local Board
role
21. It
is proposed the eight local boards affected be invited to nominate three
members to be appointed to the Maunga Authority by the Governing body.
22. Previously
the Governing body approved the creation of a local board forum to enable a
two-way dialogue on issues affecting the maunga between the council members on
the Tūpuna Maunga Authority and the forum. The Tūpuna Maunga
Authority management is currently considering the best approach to managing its
important relationships with relevant local boards, and is likely to take a
more one-to-one approach to these relationships in the future as it moves to
develop individual maunga management plans. This does not preclude the
use of a ‘forum’ approach when looking to engage with local boards
on issues of relevance to all of them.
Consideration
Local
board views and implications
23. The appointment of local board members will reflect council’s
shared decision-making model and provide a useful bridge between local
communities and the Maunga Authority.
Māori
impact statement
24. The Tūpuna Maunga Authority is a
tangible expression of a Treaty-based partnership between Ngā Mana Whenua
and Auckland Council. It is a vehicle through which the mana whenua
worldview and historical, cultural and spiritual connections with the maunga
will be given visibility and guide decision-making for the health and wellbeing
of these important taonga.
Attachments
There are no attachments for
this report.
Signatories
|
Author
|
Justine Smith – Head of Co-governance
|
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Authorisers
|
Phil Wilson - Governance Director
Stephen Town - Chief Executive
|
|
Governing Body
01 November
2016
|
|
Proposed Auckland Unitary Plan Appeals - Delegations
for Urgent Decisions
File No.: CP2016/21844
Purpose
1. The
purpose of this report is to seek, in relation to the appeals and judicial
review proceedings filed against the council’s decisions on the Proposed
Auckland Unitary Plan (the PAUP), a new delegation for any urgent decisions
that may be required between 1 November 2016 and the date of the first meeting
of the Planning Committee.
Executive
summary
2. At
the last governing body meeting of the previous term of Auckland Council, an
update report was provided on the appeals and judicial review proceedings filed
against the council’s decisions on the PAUP. The report also sought a
delegation relating to urgent decisions.
3. The
delegation was confirmed by the former governing body at its meeting on 29
September 2016, where it resolved to:
“delegate to Councillor Cashmore
and the Chief Executive the authority, during the period between 3 October 2016
and the inaugural meeting of the newly reconvened Governing Body on 1 November
2016, the ability to make decisions on how to resolve matters if through
discussion with appellants and/or other parties, matters can be resolved
without recourse to a hearing…”
(Resolution number
GB/2016/226)
4. In
the event that urgent decisions are required to assist with resolving the
appeal and judicial review proceedings, it is now recommended that a new
delegation is confirmed to cover the period between 1 November 2016 and the
date of the first meeting of the Planning Committee.
|
Recommendation/s
That the
Governing Body:
a) delegate
to three councillors and a member of the Independent Māori Statutory
Board, for the period between 1 November and the first meeting of the
Planning Committee, the authority to make urgent decisions in respect of any
appeal or judicial review proceedings relating to the Proposed Auckland
Unitary Plan.
b) confirm
that at least three individuals delegated to make the urgent decisions
referred to above are required to be in agreement before a decision can be
made.
|
Comments
5. On
17 October 2016, the High Court issued a minute that followed a case management
conference on 14 October 2016.
6. The
High Court minute confirmed three categories of proceedings and timetabling
instructions for each category. Certain proceedings were placed on hold pending
settlement discussions/negotiations; other proceedings set down for a
preliminary hearing; and other matters set down for priority hearing fixtures
in February 2017. All non-priority appeals have been adjourned to a case
management conference in December 2016.
7. The preliminary hearing has been set down for five days commencing
28 November 2016, with the priority hearing fixtures commencing on 13 February
2017. As the High Court timetabling is relatively tight for those
matters, staff seek that a delegation for any urgent decisions is confirmed to
cover the period between 1 November 2016 and the date
of the first meeting of the Planning Committee.
8. The
question of delegation can be reconsidered by the newly convened Planning
Committee at its first meeting, including whether any further arrangements are
needed for urgent decision-making.
Consideration
Local
board views and implications
9. Local board input into the council’s response to appeals and
judicial review proceedings relating to the PAUP is a matter that can be
considered at the first meeting of the Planning Committee.
Māori
impact statement
10. Where an appeal is likely to have a specific impact on Māori,
it will be brought back to the delegated councillors/member of the Independent
Māori Statutory Board (in the interim) or the Planning Committee for
consideration, prior to the commencement of any mediation or hearings before
the Environment Court or High Court.
Attachments
There are no attachments for
this report.
Signatories
|
Authors
|
Tony Reidy - Team leader Unitary Plan
John Duguid - General Manager - Plans and Places
|
|
Authorisers
|
Jim Quinn - Chief of Strategy
Stephen Town - Chief Executive
|
|
Governing Body
01 November
2016
|
|
Governing Body Meeting Schedule for November 2016 to
Election 2019
File No.:
CP2016/21687
Purpose
1. To
adopt a schedule of meeting dates and times of the governing body and its
committees from November 2016 to the 2019 local body election.
Executive summary
2. The
governing body needs to adopt a meeting schedule and give advance notice to
members of when it will meet. A governing body meeting is planned for 10
November 2016 and if needed, will be called as an extraordinary meeting.
3. Ordinary
meetings of the governing body and its committees can commence from 22 November
2016. This is the earliest date a meeting (other than an extraordinary
meeting) can be held allowing for the required public notice period.
4. A
schedule of meetings has been created for the period from 10 November 2016
through to the 2019 election. The schedule is attached at Attachment A.
5. This
report outlines the approach used to create the governing body schedule.
|
Recommendation/s
That the Governing Body:
a) hold
an extraordinary meeting on 10 November 2016 commencing at 9.30am in the
Reception Lounge, Auckland Town Hall
b) adopt
the meeting schedule for November 2016 through to the local body election in
October 2019, as contained in Attachment A of the agenda report
c) authorise
the General Manager Democracy Services to amend the schedule if required, in
consultation with the chair of the relevant committee, and subject to the
Mayor’s or Deputy Mayor’s approval if a formal meeting has to be
held on a Monday or Friday
d) note
that the meeting schedule could be amended if the Governing Body agrees to
committee scheduling changes between November 2016 and the 2019 local body
election in October 2019.
|
Comments
6. The
requirements to give notice of meetings to members are contained in the Local
Government Act 2002. Notice must not be less than 14 days prior to the
meeting, or if a schedule is adopted, not less than 14 days prior to the first
meeting on the schedule. Where this notice cannot be given, meetings are
called under the provisions for extraordinary meetings.
7. The
requirements around giving notice of meeting to the public are contained in the
Local Government Official information and Meetings Act 1987 (LGOIMA). A
schedule of meetings to be held in a month may be notified not more than 14
days and not less than five days before the end of the prior month.
Alternatively, a meeting falling on or after the 21st of a month may
be notified not more than 10, nor less than five working days prior to the
meeting. Using this latter provision, it is possible for committees to
commence meeting from 22 November 2016.
8. Staff
recommend that the Governing Body meet on 10 November 2016 by way of an
extraordinary meeting. From 22 November 2016, the Governing Body can
commence meetings that will be properly notified under the LGOIMA.
9. In
preparing the schedule of meeting, the following principles have been taken
into account, in line with previous schedules:
· formal business of the
Governing Body and its committees has been confined to Tuesdays, Wednesday and
Thursdays each week
· Tuesdays are reserved for
Committees of the Whole
· Governing Body meetings
will be held on the 4th Thursday of every month. There are some
exceptions to this to accommodate public holidays, recess weeks and Annual Plan
consultation processes
· three week-long meeting
recesses have been scheduled during school holiday periods
· workshop times have been
scheduled throughout the schedule
· dates for joint quarterly
meetings of the Governing Body and the Independent Māori Statutory Board, and the Governing Body and Local Board chairs
have been set.
10. The
following scheduling periods have been used:
|
Quarterly
|
Audit and Risk
Civil Defence Emergency Management Group
Committee
Governing Body and Independent Māori
Statutory Board
Governing Body and Local Board Chairs
Hauraki Gulf Forum
Ngati Whatua
Orakei Reserves Board
|
|
Monthly
|
Governing Body
Appointments and Performance Review
(February – September)
Auckland City Centre Advisory Board
Community Development and Safety
Environment and Community
Finance and Performance
Planning
Regulatory
Strategic Procurement
Tūpuna
Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority)
|
11. Other
events scheduled include Annual Plan consultation and decision-making events
throughout the first half of 2017. These dates are subject to change
depending on future decisions on the consultation process. Long-term Plan
meeting dates will need to be added once known.
12. Past
experience has indicated that amendments to the meeting schedule are
inevitable. The Governing Body is therefore asked to authorise the
General Manager Democracy Services to amend the schedule, in consultation with
the chair of any affected committee, and subject to the Mayor’s or Deputy
Mayor’s approval if any formal meeting has to be held on a Monday or
Friday.
13. Consultation
with the Independent Māori Statutory Board has taken place and dates for
quarterly joint meetings with the Governing Body have been agreed.
14. Some
meetings in the schedule are not council committee meetings but are included
because they involve councillors or other committee members.
15. Advisory
panel meetings will be scheduled once the panels are formed.
Consideration
Local board views and implications
16. Consultation
with Local Board Services has taken place and dates for quarterly joint
meetings between the Governing Body and Local Board chairs have been agreed.
Māori impact statement
17. Many
of the meetings listed in the schedule will be of relevance to Māori, are co-governance bodies or
otherwise involve Māori representatives. Examples include the
Independent Māori Statutory Board, the Hauraki Gulf Forum or the
Tūpuna Maunga o Tāmaki Makaurau Authority.
Implementation
18. It is important to get certainty around future meetings so that
these can be communicated to the organisation and the public.
19. A three-year schedule means that the Mayor and councillors have some
certainty around meeting dates and have a long term view of the meeting
calendar.
20. The Mayor has signalled that the committee structure will be
reviewed in 12 months. This may mean some adjustments need to be made to
the meeting schedule. Any changes required will be made according the
principles outlined in paragraph 9 of this report.
21. If major changes are necessary a new meeting schedule will be
submitted to the Governing Body for approval.
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Draft Meeting Schedule November 2016
to election October 2019
|
93
|
Signatories
|
Author
|
Sarndra O'Toole - Team Leader
Governance Support
|
|
Authorisers
|
Marguerite Delbet - General Manager
Democracy Services
Phil Wilson - Governance Director
Stephen Town - Chief Executive
|
|
Governing Body
01 November
2016
|
|
