Agenda of Extraordinary Meeting of the Governing Body

Governing Body

10 November 2016

Approval of Block Offer 2017 Council Submission

File No.: CP2016/22406

Purpose

1. To approve an Auckland Council submission to the Ministry of Business Innovation and Employment (MBIE) on the areas proposed to be offered for petroleum exploration permit applications in 2017 (‘Block Offer 2017’).

Executive summary

2. MBIE (through New Zealand Petroleum and Minerals (NZP&M)) is consulting iwi/hapu and local authorities on areas it proposes to offer up for prospective oil and gas exploration through an annual tender process (called Block Offer 2017). Consultation began on 17 October 2016 and closes on 18 November 2016.

3. This is the fourth time that the council has elected to submit on the annual Block Offer consultation process.

4. The Block Offer 2017 areas closest to Auckland are in the Northland-Reinga Basin and the Taranaki Basin. The areas are:

a) Northland-Reinga Basin - 17NRN-R1. 150,566 km² in the Exclusive Economic Zone. There is no overlap with Auckland’s or Northland’s Coastal Marine Area (CMA);

b) Taranaki Basin 17TAR-R1. 64,978 km²spread across the Taranaki and Waikato regions and in the Exclusive Economic Zone;

c) Taranaki Basin 17TAR-R2. 1,242 km² on land in the Taranaki region;

d) Taranaki Basin 17TAR-R3. 1,475 km² in the Waikato region’s CMA and land and the Taranaki region’s CMA.

5. The overall location and size of the release areas are similar to previous years.

6. Areas 17TAR-R1 and 17TAR-R3 overlap with the existing West Coast North Island Marine Mammal Sanctuary (the Sanctuary) which was established to provide protection for the critically endangered Maui’s dolphin. Maui’s dolphins are present on Auckland’s west coast.

7. There is no direct exploration in Auckland’s coastal marine area, but oil exploration and production in nearby regions and Exclusive Economic Zone could potentially have effects on Auckland’s natural and physical resources and their social, cultural and economic use and value.

8. The issues remain in essence the same as with recent Block Offers, and Auckland Council therefore seeks the following changes to Block Offer 2017:

a) amend the proposed Taranaki basin areas (17TAR-R1 and 17TAR-R3) to at least 12 nautical miles offshore to avoid the existing Sanctuary. This is to prevent any adverse effects on Maui’s dolphin and their habitat;

b) recognise the sensitivity of potentially impacted areas and minimise oil spill and discharge risks, by applying the highest international standards and favouring tender applicants with the best environmental track records;

c) support integration of environmental management tools by keeping iwi and local authorities informed of the permitting process and by sharing analysis and data between the Crown Minerals Act and Resource Management Act processes.

Recommendation/s

That the Governing Body:

a) approve the submission (Attachment C of the agenda report), including any amendments sought by the governing body, in response to the Ministry of Business Innovation and Employment’s Block Offer 2017 consultation.

b) delegate authority to the Mayor to approve the final council submission sought by the governing body, with any amendments made.

c) delegate to the Chief Executive the authority to lodge a submission, with a similar position as taken in prior submissions, on future Block Offers which are typically made on an annual basis.

Comments

Proposed Block Offer 2017 Release Areas

9. The Block Offer 2017 proposal includes three offshore areas in the Northland-Reinga basin (17NRN-R1) and Taranaki Basin (17TAR-R1 and 17TAR-R3) off the west coast of the North Island. A map of the Block Offer 2017 areas closest to Auckland is appended as Attachment A.

10. Of note is that:

a) no areas proposed for release in Block Offer 2017 extend into the CMA of the Auckland region;

b) the proposed areas include potential for exploration within very large areas off the North Island west coast;

c) the proposed Taranaki basin areas (17TAR-R1 and 17TAR-R3) overlap with the more southern parts of the Sanctuary.

11. Further background information is provided in Attachment B, describing the Block Offer process and the regulatory framework for oil and gas exploration.

Auckland Council’s previous submissions on Block Offers

12. Auckland Council has previously lodged submissions in response to Block Offers 2014, 2015 and 2016. Submissions have sought to avoid or mitigate potential environmental risks by requesting:

a) Amendments to Block Offer areas so that Auckland’s CMA is not part of the offer area;

b) Amendments to Block Offer areas so that the Sanctuary is not part of the offer area. This is to reduce potential impacts on the critically endangered Maui’s dolphin;

c) That any permits granted for exploration in the Sanctuary be required to comply with the 2013 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations;

d) That the highest international standards be applied to managing oil spill risks and tender applicants with the best environmental track records be favoured;

e) That integration between environmental management regimes be supported by sharing information gathered by Crown Minerals and regional authorities.

13. Changes made by the Minister of Energy and Resources following previous consultations included moving Block Offer boundaries so that they no longer overlapped with the Auckland region’s CMA, and requiring that any permits granted for exploration in the Sanctuary specifically comply with the 2013 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations.

14. There have been no changes to address the overlap of Block Offer areas with the southern end of the Sanctuary.

Auckland Council’s proposed submission on Block Offer 2017

15. The proposed council submission for Block Offer 2017 (Attachment C) is in principle the same as the previous council submissions in 2015 and 2016. Auckland Council has four areas of concern regarding the Block Offer 2017 proposals, being:

a) effects on climate change;

b) effects on Maui’s dolphins;

c) other environmental risks, particularly oil spill risks; and

d) integration with council RMA processes.

16. Successful oil and gas exploration results in production and use of non-renewable fossil fuels which contributes to greenhouse gas emissions. Auckland Council is a signatory to the Paris Pledge for Action, the Compact of Mayors and the C40 Cities Climate Leadership Group. Council signed these in recognition of the significant role Auckland has in ensuring New Zealand meets its legal obligation as enshrined in the recent United Nation’s global climate change agreement (the Paris Agreement). These agreements are reflected in the Auckland Plan target to reduce greenhouse gas emissions and actions in the Low Carbon Action Plan.

17. The council is concerned over potential inclusion of Maui’s dolphin habitat within the Block Offer areas. The sub-species is on the verge of extinction and full prudence is needed over the long period required for the population to rebuild. Council is requesting an amendment to the proposed Taranaki basin areas (17TAR-R1 and 17TAR-R3) to at least 12 nautical miles offshore to avoid the existing Sanctuary, and therefore prevent any adverse effects on Maui’s dolphin and their habitat.

18. The proposed submission also requests better recognition of the sensitivity of potentially impacted areas and the minimisation of oil spill and discharge risks, by applying the highest international operational standards and favouring tender applicants with the best environmental track records. The costs and consequences of a range of adverse effects should not be underestimated.

19. As noted in the Block Offer proposals, there is some overlap in considerations under the RMA and Crown Minerals Act. We seek ongoing integration and information sharing with iwi and councils so that processes can be aligned and any duplication or conflicting decisions minimised. There is no benefit to an applicant if the Block Offer process allows them to undertake exploration in an area that a subsequent RMA process finds is too sensitive for such activities or which places onerous restrictions on operations.

Consideration

Local board views and implications

20. No time was available to seek Local Boards views on the proposed council submission for Block Offer 2017. The timing of the 2016 local government electoral cycle has not helped, given the subsequent steps required to form the governing body, committees and Local Boards.

21. However, Waitakere Ranges Local Board have provided an unsolicited view opposing the Block Offer process because of the potential risks associated with oil and gas exploration to the legislatively^{^[1]} recognised, valued and vulnerable natural resources of the west coast.

22. Previously, eight local boards expressed concern during the Block Offer 2016 process, either through informal or formal input, on the potential for impact on marine habitats and wildlife from exploration or future extraction activities.

Māori impact statement

23. New Zealand Petroleum and Minerals (NZP&M) are required by the Crown Minerals Act to consult with iwi and hapu on the proposed release areas. Iwi and hapu therefore have a direct route to contribute their concerns into the Block Offer process.

24. No time was available for council to seek Auckland iwi/hapu views for a council submission on Block Offer 2017. The views of iwi/hapu have been sought in forming prior council submissions.

25. In Block Offer 2016 Nga Maunga Whakahii o Kaipara responded objecting in principle to the block offer process. They lodged their submission directly with NZP&M.

Implementation

26. Final decisions on any response to the council’s submission on Block Offer 2017, along with the subsequent announcement in March 2017 of any exploration permits granted, rests with the Minister of Energy and Resources.

27. Council officers will monitor the NZP&M Block Offer 2017 process and will inform the relevant council bodies of any significant developments.

Attachments

No.	Title	Page
a ⇩	Block Offer 2017 proposed areas closest to the Auckland region	13
b ⇩	Block Offer Background	15
c ⇩	Proposed Auckland Council submission on Block Offer 2017	17

Signatories

Authors

Paula Vincent - Coastal Specialist

Dave Allen, Principal Analyst – Strategy, Natural Environment Strategy

Authorisers

Jacques Victor - GM Auckland Plan Strategy and Research

Jim Quinn - Chief of Strategy

Stephen Town - Chief Executive

Governing Body

10 November 2016

Set-up of the Demographic Advisory Panels for the 2016-2019 term

File No.: CP2016/21780

Purpose

1. To endorse the Mayor’s proposal to establish six demographic advisory panels for the 2016-2019 term, with new terms of reference.

Executive summary

2. Auckland has a very different ethnic composition to the rest of New Zealand. Its ‘super diversity’ is projected to increase in the future. Diversity is not limited to ethnicities but inclusive of elderly, youth, gender, LGBTI, disability and other issues.

3. During the 2013-2016 term, Auckland Council established demographic advisory panels as one of council’s engagement mechanisms with diverse communities whose voices need to be taken into account for the council’s decision-making.

4. An independent review of the demographic advisory panels by consultants MartinJenkins, recommended that the council should continue to have an engagement mechanism to understand the voice of diverse communities and respond to existing and emerging issues of these communities. The independent review is attached as Attachment A. Council’s response to the recommendations of the review is outlined in Attachment B.

5. The Mayor proposes the council retains the six demographic advisory panels from the last term, with some changes in their focus and modus operandi so the panel’s advice will more effectively contribute to improving the outcomes of diverse communities and social cohesion as set out in the Auckland Plan. As the independent review notes, there are other models for seeking the views of diverse communities; it may be appropriate to consider a different model at the end this term of council.

6. The panel’s focus will be on council’s regional issues important to diverse communities within the remit of the Auckland Plan, and offer strategic advice to the Governing Body and council staff on the long-term plan, annual plans and the organisational strategy.

7. In the last term, the members of the Rainbow Communities Advisory Panel served for less than a 12 month term. The Mayor proposes that the members of the panel are re-appointed for this term.

8. This report provides Mayor’s proposals on many aspects of the panels such as the number and appointment of panel members and engagement between the Governing Body, panels and staff. Additional protocols and processes of the panels are attached in the terms of reference for advisory panels as Attachment C.

Recommendation/s

That the Governing Body:

a) endorse the Mayor’s proposal to establish the following six demographic advisory panels during the 2016-2019 term:

i) Disability Advisory Panel

ii) Ethnic Peoples Advisory Panel

iii) Pacific Peoples Advisory Panel

iv) Rainbow Communities Advisory Panel

v) Seniors Advisory Panel

vi) Youth Advisory Panel

b) approve the Terms of Reference in Attachment C of the agenda report for the demographic advisory panels.

c) note that it may be appropriate to consider a different model for engaging with diverse communities at the end this term of council.

Comments

Auckland is one of the most diverse cities in the world

9. Auckland has a very different ethnic composition to the rest of New Zealand and its ‘super diversity’ is projected to increase. By 2038, Māori, Pasifika and Asian peoples will comprise over half of Auckland’s population.

10. Auckland is facing many challenges that significantly impact diverse communities, ranging from attracting international talent and investment, support for new migrants, housing and homelessness, to low civic participation across many sectors of our community.

11. The council plays an important role in building and supporting social cohesion through its political decisions, organisational actions and service delivery. The council needs to engage meaningfully with diverse communities to address the needs of multi-faceted customers, citizens and communities effectively.

The council is required to consider the voices of diverse communities

12. The Local Government Act 2002 sets out that “when making a decision, a local authority should take account of the diversity of the community, and the community’s interests, within its district or region”.

13. The Local Government (Auckland Council) Act 2009 S(9) specifies that one of the roles of the Mayor of Auckland is to ensure there is effective engagement between the Auckland Council and the people of Auckland, including those too young to vote. The Mayor has the power to establish processes and mechanisms for the Auckland Council to engage with the people of Auckland, whether generally or particularly (for example, the people of a cultural, ethnic, geographic, or other community of interest).

14. Auckland Council’s demographic advisory panels are one of the council mechanisms that give effect to these legislative terms. The panels are also part of Auckland Council’s ‘Engage and Enable Communities’ (EEC) approach which refers to an enterprise wide three year operational programme designed to realise outcomes one and two in the Auckland council Performance Plan. The broad focus of the EEC programme is to increase citizen understanding and participation in local government, as well as provide high quality support and advice to decision-makers that is informed by the voice of Auckland’s diverse communities. There are several specific initiatives currently underway in addition to a large number of ‘business as usual’ activities that are being delivered by different departments across council to realise council’s engagement aspirations.

Demographic advisory panels in the previous term of the council

15. During the 2013-2016 term, the Mayor established six demographic advisory panels:

· Disability Advisory Panel

· Ethnic Peoples Advisory Panel

· Pacific Peoples Advisory Panel

· Rainbow Communities Advisory Panel

· Seniors Advisory Panel

· Youth Advisory Panel.

16. These panels advised on council issues and helped the council make informed decisions by:

· offering their views on issues of importance to diverse communities

· advising on council’s strategies and policies

· helping the council engage with diverse communities in Auckland.

MartinJenkins’s review recommends continuing the panels with some changes to the model

17. Earlier this year, the council commissioned an external review of the effectiveness of the panels from Martin, Jenkins and Associates Limited (MartinJenkins). The review report is attached as Attachment A. The review found that:

· the panels made a valuable contribution when the council genuinely engaged with the panels at an early stage over its plans and initiatives

· the quality of panel members and their commitment were critical to panels being effective

· the council under-utilised the panels due to lack of clarity about their role

· council’s operating environment made it difficult for the panels to advise on policy development or community engagement processes

· the panels did not have sufficient formal points of connection with council’s decision-makers.

18. The review considered alternative models, but recommends that the panel model continue for this term, with a number of recommendations for improvement. In summary, the recommendations emphasise that:

· regular and meaningful engagement between the panels, elected members and the executive to consider panels’ advice is critical, as is an effective process and structure for genuine discussion between panels and council staff

· both council staff and Governing Body members need to work collaboratively with the panels to develop their strategic agenda and work programme for the term

· the work of the panels needs to align with and support the delivery of the Auckland Plan and key council strategies – for example the diversity leadership strategy and the quality engagement and empowering communities work programme

· the panels’ strategic agenda need to include clear deliverables and intended impacts

· the main role of the panels is to provide strategic advice on council issues, but the panels should also engage with their respective communities by hosting community forums to inform the council of community issues

· the panels should have fewer formal meetings but more workshops to support an inclusive engagement approach at early planning stages and offer active advice on the needs of diverse communities.

Proposed approach for the 2016-2019 term

19. The Mayor proposes that the council continues to have the same six demographic advisory panels for the 2016-2019 term, to ensure that the council can access the voice of diverse communities and respond to existing and emerging issues of diverse communities. The council will make changes to the advisory panel model for a more effective engagement mechanism. Attachment B includes a summary of council’s approach to the panel model in the 2016-19 term in response to MartinJenkins’ report recommendations.

The panels’ focus will be on regional and strategic matters

20. The panels are one of council’s engagement mechanisms contributing to improving the outcomes of diverse communities and social cohesion as set out in the Auckland Plan.

21. The panels’ role will be to advise the Governing Body and staff on regional and strategic matters, including those that CCOs deal with, within the remit of the Auckland Plan, and offer strategic advice on council policies and strategies. These include the Auckland Plan, long-term plan, annual plans and council’s organisational strategies of particular interest to diverse communities. The panels will include these strategies and their focused priorities in their strategic agenda and work programmes.

22. The council is developing a diversity leadership strategy as part of the Engage and Enable Communities approach, to better respond to and meet the needs of Auckland’s diverse communities. Advisory panels will bring the views of diverse communities to help shape council’s approach to becoming a recognised leader on diversity and inclusion in Auckland.

The panels will be recruited through an open process

23. Staff propose to appoint between six and 10 members per panel on the basis of their individual competencies, lived experience and their ability to offer policy and strategic advice, their understanding of diverse communities in Auckland and of Te Tiriti O Waitangi. Panel members are not appointed to represent any particular organisations or entities. The members must be Auckland-based.

24. In the 2013-2016 term, the members of the Rainbow Communities Advisory Panel served for less than a 12 month term, and worked effectively together. Staff propose that the members of this panel be directly re-appointed for the 2016-2019 term. Staff will run a new open selection process for all other panels, similar to the process used in the previous term.

25. Staff propose that members of the Youth Advisory Panel should be appointed through an open selection process rather than on the basis of Local Board Areas, and that they should be aged between 14 and 24 at the time they are appointed and have experience in engaging with local youth voices or groups.

26. Each panel should consider at least one member with lived experience in Te Ao Māori and knowledge of the contemporary issues facing Māori communities for the panel. Māori representation may not be applicable to the Ethnic Peoples Advisory Panel and Pacific Peoples Advisory Panel.

27. The selection process will be open to the public for applications. To minimise any conflicts of interest, elected members and council family staff are not eligible to be members of the panels.

28. The Governing Body will be asked to approve the appointment of the members.

A stronger engagement with the Governing Body

29. The panels will mainly engage with the Governing Body through the Environment and Community Committee meetings or workshops. They may also engage with other committees considering plans and strategies on which the panels have provided advice.

30. Staff will ensure that any advice the panels provide is explicitly reflected in reports to the Governing Body and its committees, to give panels’ work more visibility.

Chief liaison councillor and liaison councillors

31. The Mayor has decided to appoint a chief liaison councillor to support a more integrated panel approach and provide the connections between the Governing Body and the panels, and across the panels. The Mayor also appointed one liaison councillor for each of the six advisory panels. The role of the liaison councillor is to ensure that the Governing Body is aware of panel’s feedback and proactive advice on how to address the issues of specific communities.

Meetings will be less formal

32. Each panel will have a maximum of three formal meetings and up to seven workshops per year. The workshops will include joint meetings of the six panels.

33. Members will be paid meeting fees for attending meetings and workshops. The fees are based on the Auckland Council Fees Framework and Expenses Policy for Appointed Members.

Community forums will continue

34. Each panel, with help from staff, will be able to organise community forums to engage with its communities on council issues. Community forums aim to better inform the council of current community priorities and to facilitate discussion between the council and these communities. Each panel will have access to a budget of up to $20,000 per year to organise forums.

Stronger organisational support

35. The Governance Director is the executive leadership team member responsible for advisory panels. With the help of the General Manager Democracy Services he will work with the Mayor’s office and the Governing Body to ensure the panel model is effective.

36. The Principal Advisor Panels in Democracy Services will be responsible for ensuring appropriate processes and policies are in place for the panels, facilitating working across panels and monitoring and reporting on their deliverables.

37. Panel lead officers will be senior staff of the council. They will support panel chairs with running effective meetings and developing strategic agendas. Deputy lead officers will assist lead officers to arrange necessary reports for respective panels. A Governance Advisor will support each panel to prepare meeting agendas, minutes and relevant administrative support.

Budget

38. The Long-term Plan 2015-2025 set an annual budget of $395,000 for the operations of the panels. The MartinJenkins review included a financial analysis of the panels’ costs. The approximate actual cost of the panels was $378,000 per annum, including estimated direct staff costs supporting the panels and direct operational costs (members’ fees and expenses and meeting support).

39. The new panel model will be able to operate with the same budget.

New terms of reference to reflect these changes

40. The terms of reference for advisory panels reflecting the changes outlined in this paper are attached as Attachment C. Staff recommend that the Governing Body approve the terms of reference.

A future model

41. As the independent review notes, there are other models for seeking the views of diverse communities; it may be appropriate to consider a different model at the end this term of council. Further advice will be provided to the Governing Body at this time.

Consideration

Local board views and implications

42. The external review sought the views of local board members on the role of the panels. Local board members expected more clarity about the panels’ functions and engagement mechanisms between panels and local boards.

43. The panels will offer strategic advice on regional issues primarily to the Governing Body and staff. The panels may advise staff including Local Board Services engagement advisors on the issues of importance to diverse communities and how to effectively engage with them.

44. Local board members may directly engage with the panels to seek strategic advice on specific matters of interest to diverse communities.

45. Staff did not consult with local boards on the change of the make-up of the Youth Advisory Panel from a representation model to a competency-based model as the change was the result of an external review for more effective advisory functions at a regional level. Members of the local boards may encourage young people with appropriate skill sets in their local areas to apply for the Youth Advisory Panel when the council calls for applications.

Māori impact statement

46. Age, gender and diversity issues are important to Māori as these issues impact Te Ao Māori. The role and make-up of advisory panels will consider the principles of Te Tiriti O Waitangi and council’s Māori Responsiveness Framework. Each panel should have at least one member with lived experience in Te Ao Māori and knowledge of the contemporary issues facing Māori communities. As noted above, it is possible that this will not be appropriate for the Pacific Peoples Advisory Panel and Ethnic Peoples Advisory Panel.

47. The panels are an advisory mechanism for the council, and will not have a direct relationship with the Independent Māori Statutory Board.

Implementation

48. Once the Governing Body endorses the proposed panel model for this term, staff will implement a selection process for the appointment of panel members. Staff will present a report on the appointment of panel members for Mayor’s approval and endorsement from the Governing Body early in 2017.

Attachments

No.	Title	Page
a ⇩	MartinJenkins' External Review of Auckland Council Demographic Advisory Panels	33
b ⇩	Council's response to the recommendations of the MartinJenkins review	133
c ⇩	Terms of Reference for Demographic Advisory Panels	135

Signatories

Author

Austin Kim - Principal Advisor Panels

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

Governing Body

10 November 2016

Terms of Reference

Auckland Council Demographic Advisory Panels

2016 – 2019

DISABILITY ADVISORY PANEL

ETHNIC PEOPLES ADVISORY PANEL

PACIFIC PEOPLES ADVISORY PANEL

RAINBOW COMMUNITIES ADVISORY PANEL

SENIORS ADVISORY PANEL

YOUTH ADVISORY PANEL

· Contents

a) Terms of Reference. 3

· Demographic advisory panels. 3

· Purpose. 3

· Outcomes. 3

· Strategic agenda and work programme. 3

· Chief Liaison Councillor and Liaison Councillors. 3

· Selection process. 4

· Membership. 4

· Meetings and workshops. 5

· Quorum.. 5

· Meeting protocols. 5

· Community forums. 5

· Submissions. 6

· Communications. 6

· Panel resourcing. 6

· Staff support. 6

· Governance Director. 6

· Principal Advisor Panels. 6

· Lead Officer Support. 7

· Deputy Lead Officer Support. 7

· Communications Advisor. 7

· Governance Advisor. 7

· Review.. 8

b) Appendix A: Code of Conduct for members appointed to Advisory Panels. 9

· 1 Purpose. 9

· 2 Principles. 9

· 2.1 Honesty and Integrity. 9

· 2.2 Impartiality and Accountability. 9

· 2.3 Openness. 9

· 2.4 Respect. 9

· 2.5 Duty to Uphold the Law.. 9

· 2.6 Stewardship. 10

· 2.7 Leadership. 10

· 3 Relationships. 10

· 3.1 Chair. 10

· 3.2 All members. 10

· 3.3 Employees of Auckland Council. 10

· 4 Media. 10

· 4.1 Spokesperson. 10

· 4.2 Response to media enquiries. 10

· 4.3 Personal views. 11

· 5 Confidential information. 11

· 6 Ethics. 11

· 7 Members’ interests. 11

· 7.1 Acting in the interests of the advisory panel and the public. 11

· 8 Complaints. 12

c) Appendix B: Qualifications of Members. 13

Terms of Reference

The terms of reference set out the purpose, role and protocols of all Auckland Council demographic advisory panels. Panel members abide by the Code of Conduct for members of Auckland Council advisory panels (Appendix A).

Demographic advisory panels

The demographic advisory panels of Auckland Council in the 2016-2019 term are the:

· Disability Advisory Panel

· Ethnic Peoples Advisory Panel

· Pacific Peoples Advisory Panel

· Rainbow Communities Advisory Panel

· Seniors Advisory Panel

· Youth Advisory Panel.

Purpose

As one of council’s engagement mechanisms with diverse communities, the demographic advisory panels provide advice to the governing body and council staff within the remit of the Auckland Plan on the following areas:

· council policies, plans and strategies

· regional and strategic matters including those that Council-Controlled Organisations deal with

· any matter of particular interest or concern to diverse communities.

Outcomes

The panels’ advice will contribute to improving the outcomes of diverse communities and social cohesion as set out in the Auckland Plan. The panels will advise through its agreed strategic agenda and detailed work programme.

Strategic agenda and work programme

The panels must develop a work programme and set a strategic agenda for the term. The agendas should be focused and integrated across the panels for collaborative input into shared agendas, particularly on the Auckland Plan, the Long-term Plan and annual plans.

The panels should advise on council’s organisational strategies relevant to diverse communities, for example, the diversity leadership strategy as part of the Engage and Enable Communities approach.

The governing body and council staff should work with the panels for the development of their strategic agendas and work programme. An appropriate committee will approve the panels’ work programme and any subsequent major changes to it.

Chief liaison councillor and liaison councillors

The mayor appoints a chief liaison councillor and one liaison councillor for each of the six advisory panels.

The role of a chief liaison councillor is to

· support a more integrated panel approach

· provide connections between the governing body and the panels

· advise the mayor on panel issues.

The role of a liaison councillor is to

· ensure that the governing body is aware of panels’ feedback on council issues and their advice on diverse communities.

· help align the panels’ strategic agendas with governing body priorities

· actively engage in panel meetings and workshops

· engage with the panel chair and the lead officer for meeting agendas

The panel will mainly engage with the governing body through the environment and community committee meetings or workshops. The panel may also engage with other committees considering plans and strategies on which the panel has provided advice.

Selection process

The selection process of panel members is open for applications. The members of the panel are selected on the basis of their

· individual competencies

· lived experience with relevant diverse communities

· ability to offer policy and strategic advice

· understanding of diverse communities of Auckland

· understanding of Te Tiriti O Waitangi.

Qualification of members is set out in Appendix B.

The mayor appoints panel members with the endorsement of the governing body to give effect to the membership of the panel.

Membership

Each panel has between six and 10 members.

The membership of the Rainbow Communities Advisory Panel in the previous term may continue in the 2016-2019 term. In this instance, the number of members may be more than 10.

Members of the Youth Advisory Panel should be aged between 14 and 24 at the time they are appointed and have an experience in engaging with local youth voices or groups. The members of the Youth Advisory Panel are exempt from clause (2)(a) of Appendix B.

Each panel must have at least one member with lived experience in Te Ao Māori and knowledge of the contemporary issues facing Māori communities. The representation of Māori members may not be applicable to the Ethnic Peoples Advisory Panel and Pacific Peoples Advisory Panel.

When a panel has less than six members, the council must appoint additional members to meet the minimum number of members. The council may consider appointing previous unsuccessful applicants.

The panels’ term ends one month prior to the next local government elections in 2019.

The membership of a panel member will lapse if one or more of the disqualifying matters set out in Appendix B applies to the panel member.

If a member fails to attend a significant number of meetings, breaches the Code of Conduct or otherwise underperforms in his/her duty as a member, the chair must raise the issue of expectations about performance with the member and if necessary with the General Manager Democracy Services.

Meetings and workshops

The Panel is required to have a maximum of three formal meetings and up to seven workshops per year, at a time deemed convenient to the majority of members.

Scheduled meetings are open to the public and any elected members of Auckland Council.

Workshops are used for discussion between panel members, governing body members and relevant council staff.

seven workshops include integrated panel workshops on shared council agendas, for example, council’s diversity leadership strategy.

Additional workshops or meetings will be organised in agreement with General Manager Democracy Services to advance the panel’s strategic agenda and work programme depending on the availability of budget.

Quorum

The quorum required for resolutions at a scheduled meeting of the panels will be half the members if the number of members is even, and a majority if the number of members is odd. The quorum includes the chief liaison councillor and liaison councillors.

Meeting protocols

The mayor appoints an interim chair/co-chairs. The panels must then confirm or elect a chair and a deputy chair (or two co-chairs in the case of the Rainbow Communities Advisory Panel) within three months of the establishment of the panel. The chair (or co-chairs) is responsible for chairing all panel meetings and workshops.

The panels may invite presentations from external organisations and individuals in scheduled meetings if the topics are relevant to the panels’ strategic agendas. The chair approves such external presentations in consultation with the liaison councillor and the lead support officer.

The resolutions in each meeting should clearly be shown in meeting minutes. Minutes will be kept for workshops but will not be published.

Community forums

The panels should engage with their communities by organising community forums within an approved budget. Community forums aim to better inform the council of current community voices and to facilitate discussion between the council and diverse communities on council issues. The panels should work with council staff for community forums to complement council’s other engagement mechanisms.

Submissions

The panels must not make formal submissions to Auckland Council on council strategies, polices and plans, for example, the annual plan.

In its advisory role to the council, the panels may have input to submissions made by the council to external organisations but do not make independent submissions, except as agreed with the council.

This does not prevent individual members being party to submissions outside their role as panel members.

Communications

The panels may issue media releases through the council’s communications advisor on council matters or issues of importance to their respective communities. Any media release by a panel requires the approval of the mayoral office.

The panels should refer to the Code of Conduct in the event that a panel member receives a request for panel comment directly from a journalist or media outlet.

Panel resourcing

The council sets an annual budget for the panels.

All panel members are entitled to meeting fees as determined by the council on the basis of the Auckland Council Fees Framework and Expenses Policy for Appointed Members.

The council will reimburse personal expenditure incurred in conducting panel business, in line with the Expenses Policy.

Staff support

The panels are supported by the following council staff.

Governance Director

The Governance Director

· is the executive leadership team member responsible for advisory panels.

· through General Manager Democracy Services, works with the mayor’s office to create strong links between the panels, the governing body and the organisation

· drives and promote the council’s engagement with panels through the executive team

· engages with all panels to provide strategic directions of the council

· hears panel views on council’s organisational strategy for the consideration of the executive team.

Principal Advisor Panels

The Principal Advisor Panels

· ensures appropriate processes and policies are in place for the panels

· supports the Chief Liaison Councillor for panels’ connection with the governing body

· facilitates working across panels

· negotiates and brokers strategic agendas between the panels and the council

· ensures strategic agenda and work programme are signed off by the governing body

· co-ordinates monitoring and reporting of progress on the panels’ strategic agendas

· establishes and oversees processes for communication between the panels and communities

· arranges recruitment and induction of members

· provides a final report on the panels’ achievements at the end of the council term.

Lead Officer Support

The Lead Officer Support

· advises the chair on the strategic agendas

· co-ordinates development of the panels’ strategic agenda and work programme

· follows up on meeting actions and resolutions

· acts as a conduit with relevant parts of organisation for the panels

· supports the liaison councillor

· attends pre-meeting briefings with the chair and liaison councillor

· highlights potential issues and risks

· sits next to the chair in meetings to provide advice as appropriate

· ensures guidance and advice from the panel is clearly captured

· provides subject matter expertise.

Deputy Lead Officer Support

The Deputy Lead Officer Support

· supports the lead officer to develop the panels’ strategic agendas

· updates the panels’ agendas and write necessary reports for panel meetings and workshops

· performs delegated tasks from the Lead Officer Support.

Communications Advisor

The Communications Advisor

· is the panel’s single point of contact for all media activity undertaken by or in collaboration with the panel.

· anticipates and identifies media matters of relevance to the Panel and/or related to the panels’ strategic agenda and work programme

· advises the chair of the panels and/or delegated panel spokesperson and relevant support staff in response to any media inquiries

· drafts a media release for the panels on issues approved by the chair and the mayoral office.

Governance Advisor

The Governance Advisor

· prepares for meeting agendas and schedule

· arranges panel meetings and workshops

· takes meeting minutes and publishes them online on time

· acts as a first point of contact for panel issues, and refers inquiries or information to relevant council staff.

Review

The form and functioning of the Panel may be reviewed prior to or after, the end of the panels’ term in September 2019.

Appendix A: Code of Conduct for members appointed to Advisory Panels

1 Purpose

The Code of Conduct sets out expectations for the general conduct of members of Auckland Council advisory panels.

2 Principles

The principles underlying the expected conduct of members include:

2.1 Honesty and integrity

Members have a duty to act honestly and with integrity at all times.

2.2 Impartiality and accountability

Members should consider issues on their merits, taking into account the views of others. This means co-operating fully and honestly to ensure the best advice is provided to the council.

2.3 Openness

Members should be as open as possible about their actions and advice. This includes having an open mind and a willingness to listen to differing points of view. This means giving reasons for advice given; communicating clearly; not being close-minded and taking personal ownership of comments made publicly.

2.4 Respect

Members should treat others, including staff, with respect at all times. This means not using derogatory terms towards others, or about others, including in public-facing new media; not misrepresenting the statements or actions of others (whether they be other individual members, the governing body, local boards, committees or staff); observing the rights of other people; treating people with courtesy, and recognising the different roles others play in local government decision-making.

2.5 Duty to uphold the law

Members should uphold the law and, on all occasions, act in accordance with the trust the public places in them.

2.6 Stewardship

Members should ensure that they and the council use resources prudently and for lawful purposes.

2.7 Leadership

Members should promote and support these principles by example.

3 Relationships

3.1 Chair

The chair (co-chairs in the case of the Rainbow Communities Advisory Panel) is the presiding member at the meetings and is the spokesperson for the panel.

3.2 All members

Members will conduct their dealings with each other in ways that:

· maintain public confidence in the office to which they have been appointed

· are open and honest

· focus on issues rather than personalities.

3.3 Employees of Auckland Council

Members will:

· recognise that employees of Auckland Council or any other organisation providing advice or services to the panel

· not do anything which compromises, or could be seen as compromising, the impartiality of an employee

· avoid publicly criticising any employee in any way

· raise concerns about an employee only through the employee’s employer.

4 Media

4.1 Spokesperson

The chair is the first point of contact for the official view of the panel on any issue. Where the chair is absent, any matters will be referred to the deputy chair when applicable.

No other member may comment on behalf of the panel without having first obtained the approval of the chair.

4.2 Response to media enquiries

In the event that a panel member receives a request for panel comment directly from a journalist or media outlet, the member is required to forward the request immediately to the panel’s assigned communications advisor as well as the panel chair. Panel members must not respond directly to media without prior agreement.

Where a journalist or media outlet seeks an individual panel member’s views, the panel member will:

· make clear that the views presented represent the personal views of the individual member

· ensure that information presented is consistent with information provided to the panel

· maintain the integrity of the panel and Auckland Council at all times.

4.3 Personal views

Members are free to express a personal view in public or in the media, at any time. When doing so, they should observe the following:

· comments must make clear that they represent a personal view and must not state or imply that they represent the views of the panel

· where a member is making a statement that is contrary to a panel policy, the member must not state or imply that his or her statements represent a majority view

· comments to the media must observe the other expectations of general conduct, e.g. not disclose confidential information, or compromise the impartiality or integrity of staff.

5 Confidential information

If members receive information that is confidential they must ensure it remains confidential. Confidential information is normally deemed to be such because its public release will cause some harm, either to the council or to other parties.

6 Ethics

Members will:

· claim only for legitimate expenses

· not influence, or attempt to influence, any officer or employee to take actions that may benefit the member, or the member’s family or business interests

· not use the resources of the panel for personal business

· not solicit, demand, or request any gift, reward or benefit by virtue of the member’s position.

7 Members’ interests

7.1 Acting in the interests of the advisory panel and the public

Members act in the interests of the panel and not in their own interests.

A financial conflict of interest arises when a member stands to benefit financially, either directly or indirectly, from advice given by the panel.

A non-financial conflict may arise from a personal relationship or association with another organisation or from conduct that indicates prejudice or predetermination. In these situations a member may be influenced by interests that conflict with the duty to act in the best interests of the Panel.

Members must declare any private interests or personal benefits relating to their public duties and take steps to resolve any conflicts of interest in such a way that protects the public interest. This means fully disclosing actual or potential conflicts of interest; avoiding any financial or other obligation to any individual or organisation that might reasonably be thought to influence them in the performance of their duties.

8 Complaints

A complaint about a member’s conduct will be made to the chair of the panel in the first instance, who will counsel the member concerned. Alternatively, concerns about the conduct of any member or chairperson may be raised with the General Manager Democracy Services, who will give advice on options available to resolve the concerns.

Appendix B: Qualifications of Members

1. To be a member of the board, a person must

a. be a natural person, and

b. consent to being appointed to the board, and

c. not be disqualified under sub clause (2).

2. The following persons are disqualified from being members:

a. a person who is under 18 years of age (except for the Youth Advisory Panel)

b. a person who is an undischarged bankrupt

c. a person who is prohibited from being a director or promoter of, or being concerned or taking part in the management of, an incorporated or unincorporated body under the Companies Act 1993, or the Securities Act 1978, or the Securities Markets Act 1988, or the Takeovers Act 1993

d. a person who is subject to a property order under the Protection of Personal and Property Rights Act 1988

e. a person in respect of whom a personal order has been made under that Act that reflects adversely on the person’s

i. competence to manage his or her own affairs in relation to his or her property; or

ii. capacity to make or to communicate decisions relating to any particular aspect or aspects of his or her personal care and welfare

f. a person who has been convicted of an offence punishable by imprisonment for a term of two years or more, or who has been sentenced to imprisonment for any other offence

g. a current member of Parliament

h. a current Auckland councillor or current local board member

i. a current Independent Māori Statutory Board member

j. a person who is disqualified under another Act.

Governing Body

10 November 2016

Elected Members' Expense Policy 2016

File No.: CP2016/21750

Purpose

1. To adopt the Auckland Council Elected Members’ Expense Policy 2016, which will then be submitted to the Remuneration Authority for approval.

Executive summary

2. Each electoral term, the Remuneration Authority (the Authority) requires all councils to adopt an expense policy and forward the adopted policy to the Authority for its approval. The Authority has requested the council provide an Elected Members’ Expense Policy to the Authority for its approval at the beginning of this term.

3. The expense policy provides the rules for elected members’ reimbursement for expenses they incur whilst performing their duties.

4. Staff have reviewed the operation of the current policy and propose some amendments to improve the clarity and user-friendliness of the policy. None of the amendments fundamentally change the entitlements of elected members. The amendments:

· include clear principles of what is considered appropriate elected member expenditure

· add the availability of influenza vaccinations

· remove the duplication of the Remuneration Authority allowance tables

· replace complicated travel, development and conference attendance approvals with a ‘one up’ approach that requires senior elected member or senior staff approval.

5. In addition to these changes, the language and presentation of the policy have been updated to make it more accessible. The amended policy is attached as Attachment A.

6. The council’s Head of Internal Audit has reviewed the draft policy.

7. Local boards were consulted on the proposed changes at the end of the last term. All of the local boards either supported the general approach of the policy or had no view. Some local boards provided specific feedback on aspects of the policy, which has been included where possible.

Recommendation/s

That the Governing Body:

a) adopt the Elected Members’ Expense Policy 2016 (Attachment A to the agenda report).

b) authorise the General Manager Democracy Services to make minor typographical edits or amendments to the policy to correct any identified errors.

Comments

Auckland Council must have an elected member expense policy

8. The Remuneration Authority sets remuneration for elected positions in local government annually. It also sets the rules for reimbursement of costs met by members in undertaking their duties.

9. Each electoral term, the Authority requires all councils to adopt an expense policy and forward the adopted policy to the Authority for its approval. The expense policy provides the rules for elected members’ reimbursement for expenses they incur whilst performing their duties.

10. The Authority sets some work-related expenses for elected members:

· the maximum allowances payable by councils to elected members for certain activities, such as transport and communications

· the criteria for and amounts payable to, elected members sitting on resource consent hearings.

11. The current policy was approved in July 2014. The Authority has requested the council provide an Elected Members’ Expense Policy to the Authority for its approval at the beginning of this term. Staff have taken the opportunity to review and update the policy for the Governing Body’s adoption before sending it to the Authority for approval.

12. In the amended policy, the previous rules relating to general travel, accommodation and insurance claim have been retained. The business case requirement for international travel and the publication of all elected member expenditure has also been retained to ensure accountability and transparency. There are proposed changes to the authorisation of travel expenditure, the addition of a flu vaccination, and new provisions for professional development.

13. The amended policy provides three safeguards for the probity of travel and expenses:

· any travel and expenses must meet the principles of the policy

· claims must be authorised by a senior elected member or senior staff member (a ‘one up’ authorisation) and

· all expenditure incurred by elected members on council business continues to be published.

14. The Council’s Head of Internal Audit has reviewed the draft policy.

What has changed?

Principles for expenditure

15. The amended policy contains guiding principles for expenditure, which are those contained in the Office of the Controller and Auditor-General good practice guide “Controlling sensitive expenditure: Guidelines for public entities”. To be reimbursable, expenses must:

· have a justifiable council-related business purpose

· be moderate and reasonable having regards to the circumstance, i.e. able to pass the test of being prudent use of ratepayers’ money under public scrutiny

· be actual and justified by an original tax receipt

· be approved by the relevant authoriser

· be within relevant budget provisions

· be presented on the approved Auckland Council claim form, and signed as true and correct

· be consistent with the rules set by the Remuneration Authority.

Influenza vaccinations

16. One of the healthy staff initiatives the council promotes is influenza vaccinations. The amended policy proposed this initiative be extended to cover elected members.

Professional development including conferences

17. The amended policy includes a section on the 2016-2019 Elected Member Development Programme. Professional development included in the core professional development programme will be pre-authorised, which means that elected members will not be required to provide a business case for any development activities that are covered by the core programme (including attendance at conferences). Pre-authorisation is subject to the principles of the policy, and the funds must be budgeted for and authorised by the appropriate senior manager.

18. If elected members wish to undertake development activities outside the elected members’ core programme, a written request must be made to the General Manager Democracy Services or the General Manager Local Board Services.

Domestic travel approval

19. The amended policy proposes changes to domestic travel approvals to make the approval process more efficient while maintaining a high level of oversight over the appropriateness of expenditure. It reflects a ‘one up’ approach that requires senior elected member (for the Mayor or Deputy Mayor) or senior staff approval.

20. Currently, elected members are required to seek domestic travel authorisation from a senior staff member and either the Mayor, Deputy Mayor, the Chair of a Committee of the Whole or the Chair of their Local Board. The amended policy requires the Governance Director or the General Manager Democracy Services to authorise travel and sundry expense claims for Governing Body members.

21. For local boards, the amended policy requires the Governance Director or the General Manager Local Board Services to authorise claims.

International travel approval

22. Under the amended policy, the Chief Executive and the Chair of a Committee of the Whole must authorise international travel for the Mayor and the Deputy Mayor. The requirement to prepare a business case remains.

23. For all other elected members, the amended policy requires the Mayor or Deputy Mayor or the Chair of a Committee of the Whole and the Chief Executive or the Governance Director to approve international travel. If travel for local board members is financed from the local board’s budget, the whole board and the Chief Executive or Governance Director must approve travel.

24. The proposed changes to approvals are in the table below. Changes are underlined.

Table 1. Changes to approvals

Item	Previous term	Proposed
Approvals for domestic travel outside of Auckland – Mayor	· The Chair of the Audit and Risk Committee or · The Chair of the Finance and Performance Committee	· The Chair of a Committee of the Whole
Approvals for domestic travel outside of Auckland – Deputy Mayor	· The Mayor or · The Chair of a Committee of the Whole	· No change
Approvals for domestic travel outside of Auckland – councillors	· The Mayor or · The Deputy Mayor or · The Chair of a Committee of the Whole	· The Governance Director or the General Manager Democracy Services
Approvals for domestic travel outside of Auckland – local board Chair	· Governance Director · Report to business meeting	· The Governance Director or the General Manager Local Board Services
Approvals for domestic travel outside of Auckland – local board members	· The Local Board Chair and · Report to business meeting	· The Governance Director or the General Manager Local Board Services
International travel
Approvals for international travel – Mayor	A business case and approval from: · The Chair of the Audit and Risk Committee and · The Chief Executive	· A business case and approval from: · The Chair of a Committee of the Whole and · The Chief Executive
Approvals for international travel – Deputy Mayor	A business case and approval from: · The Mayor or the Chair of a Committee of the Whole and · The Chief Executive	· No change
Approvals for international travel – Councillors	A business case and approval from: · The Mayor or the Deputy Mayor and · The Chief Executive or the Director Governance	· A business case and approval from: · The Mayor or the Deputy Mayor or the Chair of a Committee of the Whole and · The Chief Executive or Governance Director
Approvals for international travel – local board members	A business case and both: · Endorsement by the Local Board, then · approval by the Chief Executive or the Director Governance If urgent approval is needed: · Endorsement by the Chair · then approval by the Chief Executive or the Director Governance · then retrospective endorsement by the Local Board	If the travel is financed from the local board’s budget: · The whole local board, by way of a public report and resolution and · The Chief Executive or Governance Director If the travel is financed by Local Board Services or from another central budget: · The Mayor or Deputy Mayor or the Chair of a Committee of the Whole and · The Chief Executive or Governance Director
Development programmes and conferences	Various authorisations depending on the role of the requester	Pre-approved, subject to the cost falling within the annual professional development budget If elected members wish to undertake development activities outside the elected members’ core programme, a written request must be made to the General Manager Democracy Services or the General Manager Local Board Services.
Hosting official visitors	Personal expenditure can be reimbursed	If necessary, budget holder approval

25. Other changes have been made throughout the policy to update, clarify or align the policy with current good practice. In addition, the language and presentation of the policy have been updated to make it more accessible.

Consideration

Local board views and implications

26. All local boards from the 2013-2016 term had an opportunity to comment on the previous draft of the policy shortly before the elections.

27. Nine local boards supported the draft in full.

28. Albert-Eden, Franklin, Howick and Kaipatiki local boards did not support the chairs of the Audit and Risk Committee or Finance and Performance Committee approving local board members’ international travel. An amendment has been made to the policy such that if travel is financed from the local board’s budget, the whole local board (in addition to the Chief Executive or Governance Director) can approve international travel by way of a public report and resolution.

29. Devonport-Takapuna, Henderson-Massey and Kaipatiki local boards requested that the cut-off date for elected members’ expenses be set to 30 June. A new clause (12.10) has been inserted specifying that the cut-off date for submitting claims at year end will be early July so that elected members can claim all expenses to 30 June of that financial year. This deadline will require strict adherence to ensure timely and transparent financial reporting.

30. Specific feedback received by each local board has been included in Attached B.

Māori impact statement

31. The Elected Members’ Expense Policy does not have specific implications for Māori.

Implementation

32. The Elected Members’ Expense Policy will come into force as soon as it is approved by the Remuneration Authority. This is expected to be in November or December 2016.

Attachments

No.	Title	Page
a ⇩	Auckland Council Elected Members' Expense Policy 2016	155
b ⇩	2013-2016 Local Board resolutions on the Auckland Council Elected Members' Expense Policy 2016	171

Signatories

Author

Jo Iles, Business Hub Manager, Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

Governing Body

10 November 2016

Disposal of land at Lowtherhurst Reserve to the New Zealand Transport Agency pursuant to the Public Works Act 1981

File No.: CP2016/21793

Purpose

1. To transfer part of the land at Lowtherhurst Reserve, Massey to the New Zealand Transport Agency (NZTA) for motorway improvement works.

Executive summary

2. The previous Finance and Performance Committee had delegated authority to approve any proposed property disposals. In order to meet statutory timeframes for the acquisition of land by NZTA pursuant to the Public Works Act, and the construction start date of 1 February 2017, this matter has been included for consideration by the Governing Body at its 10 November 2016 extraordinary meeting.

3. Lowtherhurst Reserve is owned by Auckland Council and is gazetted as reserve under the Reserves Act 1977. It has a total area of 4.39Ha. An area of 7,518m² of the reserve is required to be transferred under s.50 and s.52 of the Public Works Act 1981 to the NZTA for motorway improvement works. In addition to the transfer of land, the NZTA requires permanent easements over 1,711m² for construction, access and maintenance purposes. It also requires a temporary occupation licence over 470m² of the reserve during the construction period.

4. The NZTA will meet all reasonable costs associated with the acquisition of the land and easements and any other agreed mitigation works.

Recommendation/s

That the Governing Body:

a) approve, subject to the satisfactory conclusion of any required statutory processes, the disposal of approximately 7,518m² of Lowtherhurst Reserve to the New Zealand Transport Agency for motorway improvements pursuant to Sections 50 and 52 of the Public Works Act 1981 (all areas being subject to final design and survey), the land being legally described as:

i) Part Lot 25 DP43421 (2,320m² more or less)

ii) Allotment 703 PSH of Waipareira CT NA58B/833 (5,198m² more or less).

b) approve the granting of easements over 1,711m² of Lowtherhurst Reserve, to the New Zealand Transport Agency for construction, landscape maintenance and access purposes

c) approve an easement over 1,107m² of New Zealand Transport Agency land to allow public access to that area

d) agree that final terms and conditions be approved under the appropriate delegations.

Comment

5. Lowtherhurst Reserve is owned by Auckland Council and is gazetted as reserve under the Reserves Act 1977. The reserve is located on the eastern side of SH16 between the motorway and Henderson Creek. It has a total area of 4.39Ha (refer location plan in Attachment A).

6. An area of 7,518m² of the reserve is required to be transferred under s.50 and s.52 of the Public Works Act 1981 to the NZTA for motorway improvement works, which includes the construction of a wetland treatment pond with associated works.

7. The required area lies adjacent to SH16 and has a designation over it for motorway purposes. The works are part of Highway 16 Western Ring Route - Lincoln Road to Westgate Corridor Improvement Works and construction is scheduled to start on the reserve in February 2017.

8. In addition to the transfer of land, the NZTA requires permanent easements over 1,711m² of other land at the reserve for construction, access and maintenance purposes. It also requires a temporary occupation licence over 470m² of the reserve during the construction period.

9. As mitigation for the works, the NZTA has agreed to grant an access easement to Auckland Council over the land to be taken for the works to allow public access on completion of the works to a hard standing area by the wetland treatment pond and a pathway around part of the pond (refer drawings 313, 314 and 316 in Attachment A showing easement areas and land required).

10. The NZTA has undertaken consultation with mana whenua in 2015 on the corridor improvement project, and the design of the project has evolved in response to feedback and input from mana whenua.

11. The setting apart of the part of the reserve land and the granting of the easements will be subject to the consent of the Minister of Conservation and council will undertake to use its best endeavours to obtain that consent.

12. The land requirement and associated easements and temporary occupation licence have been reviewed, considered and approved by the Henderson-Massey Local Board and the Parks Recreation and Sports Committee during 2016 (refer Attachment B). The requirements of the Local Board for the mitigation works referred to in resolution HM/2016/37 have been negotiated into the draft agreement with the NZTA.

13. The NZTA will meet all reasonable costs associated with the acquisition of the land and easements and any other agreed mitigation works.

14. The compensation for the interests to be acquired has been assessed by an independent valuer appointed by Panuku in the region of $2 million plus GST (if any), but this is significantly different from independent advice received by the Land Transport Authority. Negotiations on the compensation are continuing and the value can ultimately be resolved by the Land Valuation Tribunal if agreement cannot be reached.

15. As part of the resolution of the Parks Recreation and Sports Committee (refer resolution PAR/2016/23) the committee recommended that the Finance and Performance Committee approve that any compensation received under the Public Works Act be made available to support the priorities identified in the Henderson-Massey Open Space Network Plan.

16. Once the final compensation value is agreed, any budget adjustments will be provided to the Finance and Performance Committee for decision as part of the Annual Plan 2017/18 or the monthly budget update.

Attachments

No.	Title	Page
a ⇩	Location and 'land take' plans - Lowtherhurst Reserve	181
b ⇩	Local Board and PRS Committee Resolutions	185

Signatories

Author

Nigel Hewitson – Manager Property Disposals

Authorisers

Ian Wheeler – Director Portfolio Management

David Rankin - Director Strategy & Engagement

Stephen Town - Chief Executive

Mayor	Hon Phil Goff, JP
Deputy Mayor	Bill Cashmore
Councillors	Dr Cathy Casey	Daniel Newman, JP
	Ross Clow	Dick Quax
	Fa’anana Efeso Collins	Greg Sayers
	Linda Cooper, JP	Desley Simpson, JP
	Chris Darby	Sharon Stewart, QSM
	Alf Filipaina	Sir John Walker, KNZM, CBE
	Hon Christine Fletcher, QSO	Wayne Walker
	Richard Hills	John Watson
	Penny Hulse
	Denise Lee
	Mike Lee