Agenda of Howick Local Board - 24 November 2016

1 Welcome

2 Apologies

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

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Howick Local Board:

a) confirm the ordinary minutes of its inaugural meeting, held on Thursday, 3 November 2016, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Howick Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

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

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

11 Notices of Motion

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

Howick Local Board

24 November 2016

New Road Name Approval for the residential subdivision by JQ Developments Ltd. at 120 Stancombe Road, Flat Bush

File No.: CP2016/22578

Purpose

1. The purpose of this report is to seek approval from the Howick Local Board, for a new road name for a road created by way of subdivision at 120 Stancombe Road.

Executive summary

2. Auckland Council has road naming guidelines that set out the requirements and criteria of the Council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming for the Auckland Council.

3. Following assessment against the road naming criteria, the road name ‘Wyon Way’ (Applicant’s preferred road name) and the alternative name ‘Mina Way’, were determined to meet the road naming guideline criteria.

4. Local iwi groups were consulted on 3 October 2016 and no responses were received by 25 October 2016.

5. The name ‘Wyon Way’, as proposed by the Applicant is considered for approval by the Local Board.

Recommendation/s

That the Howick Local Board, pursuant to section 319(1)(j) of the Local Government Act 1974, considers for approval, the road name ‘Wyon Way’, proposed by the Applicant, for the new road created by way of subdivision at 120 Stancombe Road while noting that ‘Mina Way’, also meet the road naming criteria.

Comments

6. The Auckland Council Road Naming Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name for the Local Board’s approval.

7. The road to be named is a private way serving a total of 16 residential sites. The road is a 6.5m wide dual lane accessed from Stancombe Road.

The project is a medium to high density residential subdivision approximately 400m west of Barry Curtis Park. Consent was granted on 23 April 2014 under resource consents 45109 and P45348 and the subdivision is well advanced with works to be completed within the next month.

The Applicant has proposed the following names for consideration for the road created as part of the development at 120 Stancombe Road.

Preference	Proposed New Road Name	Meaning
Preferred Name	Wyon Way/Lane	A name associated with British medal makers and engravers of the 17^th Century.
First Alternative	Mina Way/Lane	Means a unit of weight and money used in ancient Greece and Asia Minor, usually equal to one sixtieth of a talent

Figure One: Location and Layout of new Road

Decision Making

8. The Auckland Council, by way of the Auckland Council Long Term Plan (2012 - 2022), allocated the responsibility for the naming of new roads, pursuant to section 319(1)(j) of the Local Government Act 1974, to Local Boards.

Assessment

9. The Applicant’s proposed road names have been assessed against the criteria set out in the Auckland Council road naming guidelines;

10. The Applicant’s preferred name ‘Wyon Way’ meets all the criteria of the road naming guidelines. It is noted that the proposed alternative name ‘Mina Way’ also comply with the road naming criteria.

11. The Applicant’s preference was “Way or Lane”. The proposed suffix of “Way” is appropriate in this circumstance, as the road is a short enclosed private way. The other suffix “Lane” (narrow roadway between walls, buildings or a narrow country roadway) does not meet the road description under the Auckland Council Road Naming Guidelines.

12. As the Applicant’s preferred name ‘Wyon Way’ meets the criteria, it is recommended for consideration for approval as it complies with all the criteria of the road naming guidelines.

Consideration

Significance of Decision

13. The decision sought from the Howick Local Board for this report does not trigger any significant policy and is not considered to have any immediate impact on the community.

Maori impact statement

14. The decision sought from the Howick Local Board on this report is linked to the Auckland Plan Outcome, “A Maori identity that is Auckland’s point of difference in the world”. The use of Maori names for roads, buildings and other public places is an opportunity to publicly demonstrate Maori identity.

Consultation

15. The Applicant has emailed all of the relevant iwi groups (Ngai Tai ki Tamaki, Ngati Tamaoho, Te Kawerau, Te Akitai, Makaurau Marae, Te Ararangatu, Ngati Paoa, Ngati Maru, Ngaati Whanaunga, Ngati Tamatera, Patukirikiri and Tainui) on 3 October 2016. As of 25 October 2016, no responses had been received.

16. New Zealand Post was consulted and indicated that all the names provided are acceptable from their perspective.

Financial and Resourcing Implications

17. The cost of processing the approval of the proposed new road name and any installation of road name signage is recoverable in accordance with Council’s Administrative Charges.

Legal and Legislative Implications

18. The decision sought from the Howick Local Board for this report is not considered to have any legal or legislative implications.

Implementation

19. The Resource Consenting Team is involved in ensuring that appropriate road name signage will be installed accordingly once an approval is obtained for the new road name.

Attachments

There are no attachments for this report.

Signatories

Authors

Virginia Loh - Resource Consents Administrator

Authorisers

Ian Smallburn - General Manager Resource Consents

Sue O'Gorman - Relationship Manager

Howick Local Board

24 November 2016

Urgent decision-making process

File No.: CP2016/22685

Purpose

1. The purpose of this report is to seek the Howick Local Board’s agreement to use the urgent decision-making process when appropriate.

Executive summary

2. The urgent decision-making process enables the board to make decisions without calling the full board together and meeting the requirement of a quorum. By agreeing to this process, the board delegates decision-making authority to the chair and deputy chair, or any person acting in these roles.

3. At times, such as during the Christmas and New Year period, it is not practical to call the full board together and meet the requirements of a quorum. This is an example of when the urgent decision-making process would be used.

Recommendation/s

That the Howick Local Board:

a) adopts the urgent decision-making process for matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum.

b) delegates authority to the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board.

c) agrees that the relationship manager, chair and deputy chair (or any person/s acting in these roles) will authorise the urgent decision-making process by signing off the authorisation memo.

d) notes that all urgent decisions will be reported to the next ordinary meeting of the local board.

Comments

What an urgent decision is

4. The urgent decision-making process enables the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board when it is not practical to call the full board together and meet the requirement of a quorum. Examples include during the Christmas and New Year period or for participating in a council submission process.

5. The Local Government Act 2002^{^[1]} provides for local boards to delegate to committees, sub-committees, members of the local board or Auckland Council staff, any of its responsibilities, duties and powers, with some specific exceptions. This legislation enables the urgent decision-making process.

6. The urgent decision-making process provides an alternative decision-making mechanism to an extraordinary meeting. An extraordinary meeting is called when an urgent decision is required on matters that cannot wait until the next scheduled business meeting of the local board.

7. Urgent decisions are different from emergency decisions, which are only made if there is a risk to public health and safety.

The urgent decision-making process

8. All requests for an urgent decision will be supported by a memo stating the nature of the issue, reason for urgency and what decisions or resolutions are required.

9. The local board relationship manager will use the information in this memo to determine whether or not to authorise the urgent-decision making process.

10. A number of factors will be considered by the relationship manager before approval to use the urgent decision-making process is given, such as:

· the timing of the next scheduled meeting

· confirmation that the local board has the delegation to make the decision

· consideration of the rationale for the urgency

· the significance of the decision and whether the urgent decision-making process is appropriate.

11. Once the relationship manager authorises the use of the urgent decision-making process, the chair and deputy chair (or any person/s acting in these roles) also need to consider the use of the urgent decision-making process by signing the same memo.

12. Once the authorisation memo and report has considered, the chair and deputy chair will refer to the substantive report for advice and staff recommendations to inform their decision. This report will meet Auckland Council quality advice standards and adhere to the report authorisation processes.

13. Any decision made using the urgent decision-making process will be reported as an information item to the next ordinary meeting of the local board and the signed approval memo will be attached.

Consideration

Local board views and implications

14. This report outlines the local board urgent decision-making process, and seeks the local board’s agreement to adopt this process.

Māori impact statement

15. There is no specific impact for Māori arising from this report.

Implementation

16. This report outlines how the local board relationship manager and elected members will execute the urgent decision-making process when the need arises. Paragraph four outlines the implications of this for local boards.

17. The local board relationship managers can provide advice as to what might constitute an urgent decision.

Attachments

There are no attachments for this report.

Signatories

Authors

Ian Milnes - Senior Local Board Advisor Howick

Authorisers

Karen Lyons - General Manager Local Board Services

Sue O'Gorman - Relationship Manager

Howick Local Board

24 November 2016

Local Board Appointments and Delegations - Howick Local Board

File No.: CP2016/22691

Purpose

1. To appoint board members to represent the board at groups, meetings and activities relevant to the work of the local board and to confirm the process for local board decision-making and delegations relating to minor landowner approval applications over park land in Howick.

Executive summary

2. Elected members participate as representatives of the local board on a number of external community and national organisations.

3. The beginning of the new electoral term generates the need for new appointments. This report provides details of the external organisations relevant to the local board and requests that the local board nominates members to represent the board for the 2016-2019 triennium.

4. There are a small number of appointments due to legislation or the terms in a deed are the responsibility of the governing body, but because the relationship between the council and the organisation is local, the governing body has delegated its responsibility to nominate an elected member to the relevant local board.

Recommendation/s

That the Howick Local Board:

a) Appoint the following board members to the external community groups and organisations listed below:

External organisation	Lead	Alternate
Howick Village Business Association
Aircraft Noise Consultative Committee
Otara Waterways and Lake Community Panel
Tamaki Estuary Environmental Forum
Greater East Tamaki Business Association
Greenmount Landfill Community Liaison Group
Highbrook Park Trust

b) Nominate Board Members(s) to utilise the process outlined in the Combined Chief Executive Delegations Register authority, for minor land owner approvals relating to park land for a period of six months from the date of this resolution.

c) Review the minor land owner approvals relating to park land process after six months.

d) Continue to receive all other landowner approval applications relating to park land considered moderate or complex to a full local board workshop and subsequent business meeting for a decision.

Comments

5. A number of external organisations provide for the formal participation of Auckland Council elected members in their affairs. Elected member appointees will have a variety of duties and liabilities depending on the individual organisation.

6. At the commencement of each triennium, the governing body and local boards recommend appointments to external organisations.

7. As local board representatives, the nominated members represent the board, not in a personal capacity. Board members will provide updates at local board meetings to keep the board regularly informed of discussions and decisions made of their activities unless good reasons exist for confidentiality, these updates are in the form of business meeting reports which maintain public transparency.

8. The reasons for elected member participation in external organisations can be described in a number of ways:

· a trust deed, that requires Auckland Council to make an appointment to an organisation

· an organisation of interest to the local board is inviting elected member representation at its meetings

· associations entered into by the council which provide for elected member representation

· organisation governance, or project or programme oversight, such as regional or local parks management groups

· a statutory or regulatory provision (for example a regulation providing for a community liaison committee) or

· a resource consent requiring the formation of a committee or hearing panel.

9. In making decisions about these appointments, it is suggested that local boards are mindful of;

· the elected members availability

· any conflict of interests, including whether the local board provides funding to the entity

· relevance

· historical relationship with the organisation and Auckland Council.

10. Members are delegated in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed.

11. Board members may be part of any organisation in their private capacity and personal interests and are encouraged to disclose memberships to external organisations in the conflict of interest register.

Relevant external organisations

12. The details of the organisations relevant to the local board are detailed below.

Aircraft Noise Consultative Committee

13. The Aircraft Noise Community Consultative Group was set up to consider, and where appropriate, make recommendations to Auckland International Airport Limited (AIAL), on aircraft noise issues and concerns that arise from the operation and activities at Auckland International Airport. It arose from AIAL‘s application to designate the second runway at the airport, and concerns about the aircraft noise implications. Six local boards with areas within the flight path, including Ōtara-Papatoetoe, appoint representatives and alternates to the Group. Further information is here: https://corporate.aucklandairport.co.nz/corporate-responsibility/managing-aircraft-noise/being-a-good-neighbour/auckland-noise-community-consultative-group.

14. The group meets three monthly between 2pm to 5pm. The next meeting of the group has not been set.

15. The previous local board representatives were Members Garry Boles and David Collings (alternate).

16. The local board is asked to appoint one member (and an alternate) to the Aircraft Noise Community Consultative Group.

Otara Lake and Waterways Panel

17. In the last term, an interim steering group was supported by the board to promote the Otara Lake and Waterways Vision, and to set up an independent trust. The trust has now been set up to take the vision forward. The board does not have direct representation on the trust.

18. Separate from the trust, there is now Ōtara Lake and Waterways Community Panel. The purpose of this panel is to provide strategic advice, assistance and meaningful contribution to the purpose of the Otara Waterways and Lake Trust. The community panel also has the power to appoint and to reappoint up to two trustees and has the sole power to remove at any time any trustee appointed by the community panel. The community panel exercised this power with the appointment of the two original trustees.

19. The local board is asked to appoint one member (and an alternate) to Ōtara Lake and Waterways Community Panel. The previous local board representative was Member Garry Boles

20. The next meeting of the panel has not been set.

Howick Village Business Association

21. There are 46 Business Improvement District Partnership Programmes operating within the Auckland region. There are two local business associations or Business Improvement Districts (BID) in the Howick Local Board area.

22. The local board has a day-to-day relationship with the business associations as a joint partner in the BID Partnership Programme. The local board will work with the business associations to align the direction for the BID programme and local priorities expressed the Local Board Plan. The local board will receive regular reporting on the BID Partnership Programme and review progress against objectives.

23. The business association may invite the appointed member onto the BID Governance Board or Executive Committee. The discretion on whether this member has voting rights will lie with the business association under the rules of their constitution.

24. It is recommended that the local board appoints a local board member and an alternate on each business association to represent the local board regarding all matters relating to the business association. The previous local board representatives were Members David Collings and Steve Udy.

Tamaki Estuary Pollution Steering Group

25. The previous local board representative was Member David Collings.

26. The next meeting of the group has not been set.

27. The local board is asked to appoint one member (and an alternate) to the Tamaki Estuary Pollution Steering Group.

Greater East Tamaki Business Association

28. The local board has a day-to-day relationship with the business associations as a joint partner in the BID Partnership Programme. The local board will work with the business associations to align the direction for the BID programme and local priorities expressed the Local Board Plan. The local board will receive regular reporting on the BID Partnership Programme and review progress against objectives.

29. The previous local board representatives were members Bob Wichman and Jim Donald (alternate).

30. The next meeting will be held on 14 December 2016.

31. The local board is asked to appoint one member (and an alternate) to GETBA.

Highbrook Park Trust

32. The Highbrook Park Trust (HPT) is a legacy council controlled organisation (CCO) that was established in August 2000 to acquire, establish, and maintain a park on the Waiouru Peninsula, adjacent to the Highbrook Business Park.

33. In August 2015, Auckland Council extended the HPT agreement effectively for another 15 years with 5 yearly reviews. Representatives from the Otara- Papatoetoe Local Board and the Howick Local Board are invited to the Board Meetings.

34. The trust meets quarterly and the previous local board representative was Garry Boles.

35. The next board meeting is scheduled for the 19th December at the Goodman Highbrook offices at 1pm.

36. The local board is asked to appoint one member (and an alternate) to attend the Highbrook Park Trust board meetings.

Minor land owner approvals relating to park land

37. The Parks, Sport and Recreation and Community Facilities Departments receive numerous requests for landowner approval to undertake various activities on council park land.

38. In the previous term, to improve the customer experience with respect to minor landowner approval applications (permanent private and public infrastructure, affected party approvals and developer-led park developments), the local board informally supported following the process set out in the Local Board delegations protocols for utilising the council delegations by enabling the specific board members to either support staff to make the decision under delegation and complete the process, or require that the matter be reported to the full local board for consideration. Criteria were agreed for what is considered a minor application.

39. The board delegated to Board Members John Spiller, David Collings and Garry Boles, the authority for minor land owner approvals relating to park land for a period of six months in August 2016 with a review process after six months.

40. The board is now required to renew this delegation for the 2016-2019 triennium. The board will continue to receive all other land owner approval applications relating to park land considered moderate or complex to a full local aboard workshop and subsequent business meeting for a decision.

41. A copy of the criteria framework agreed for minor applications and the set of principles which form the foundation for how applications are assessed are shown in attachment A.

Consideration

Local Board views and implications

42. This report seeks the local board’s decision on representatives to external community organisations relevant to the local board area.

Māori impact statement

43. This report has no specific impact on Māori. It covers appointments of local board members to external organisations and community networks to represent the view of local communities, including Māori communities.

Implementation

44. There are no implementation issues as a result of the recommendations in this report.

Attachments

No.	Title	Page
a ⇩	Criteria framework and principles	25

Signatories

Authors

Ian Milnes - Senior Local Board Advisor Howick

Authorisers

Karen Lyons - General Manager Local Board Services

Sue O'Gorman - Relationship Manager

Howick Local Board

24 November 2016

Swimming Pool Fencing Exemption Applications

File No.: CP2016/22858

Purpose

1. The purpose of this report is for the Howick Local Board to establish an agreed approach for how swimming pool fencing exemption applications are going to be resolved upon during the 2016 – 2019 electoral term.

Executive summary

2. Under section 6 of the Fencing of Swimming Pools Act 1987 (the Act), territorial authorities may grant exemptions from the requirements in the Act for particular swimming pools if satisfied that it “would not significantly increase danger to young children”.

3. The decision-making responsibility for swimming pool fencing exemptions has been delegated to the local boards by the governing body (Resolution GB/2011/163).

4. It is recommended that the local board assesses and considers these applications at a local board business meeting.

5. The local board could resolve to nominate a sub-group of local board members to make site visits when required and make recommendations to the full board to be formally resolved upon at a business meeting.

Recommendation/s

That the Howick Local Board:

a) agrees to assess swimming pool fencing exemption applications as part of business meetings during the 2016 - 2019 electoral term as the need arises.

Comments

6. The purpose of the Fencing of Swimming Pools Act 1987 is to promote the safety of young children by requiring the fencing of certain swimming pools. The Act places an obligation on territorial authorities to ensure that pool owners comply with the Act, both at the time when the pool is built, and subsequently by occasional inspections of pools to ensure ongoing compliance.

7. Under section 6 of the Act, territorial authorities may grant exemptions from the requirements in the Act for particular pools. Territorial authorities can also impose special conditions on a property and a pool. A territorial authority can only grant an exemption, or impose a special condition, if, after having regard to the characteristics of the pool and the property, it is satisfied that it “would not significantly increase danger to young children”. No exemption is required for a new pool fence, or an alteration to an existing fence, if the new or altered fence is at least as safe as one built in accordance with the standard in the schedule of the Act.

8. The governing body has delegated decision-making responsibility for swimming pool fencing exemptions to local boards (Resolution GB/2011/163).

9. To administer this delegation, staff recommend that applications are determined as part of a local board business meeting as this is the most efficient and effective decision-making mechanism.

10. Assessing and determining swimming pool exemption applications at a business meeting has a number of benefits, including:

· consistent and streamlined approach for applications to be considered

· business meetings are the primary formal decision-making mechanism of the local board

· appropriate level of administrative support can be provided.

11. There is a risk with this approach that applications will not be given due consideration amongst congested local board business meeting agendas, however this can be mitigated by a sub-group of local board members visiting pools as required, to inform the boards’ decisions.

12. A sub-group of local board members could nominate themselves to conduct site visits, on an as-needed-basis, and make recommendations to the full local board for consideration and adoption at a regular business meeting.

13. If the local board resolves to nominate a sub-group to conduct site visits, staff recommend that no more than four board members participate in the sub-group. Sub-group participants should be agreed by resolution.

14. If an application includes sensitive information, the local board may, by resolution, exclude the public from the whole or any part of the proceedings of the meeting if one or more of the grounds set out in the legislation under the Local Government Official Information and Meetings Act 1987 (LGOIMA) and in the Standing Orders for the Local Boards are met.

Consideration

Local board views and implications

15. The recommendations within this report fall within the local board’s delegated authority.

Māori impact statement

16. This report does not specifically impact on Māori.

Implementation

17. Costs associated with a small number of elected members meeting to consider the applications, in advance of putting forward recommendations to the full board at a business meeting, will be met within internal operating budgets.

18. The decision of the local board following an exemption hearing is open to challenge by a judicial review process. Local board members will be briefed by Legal Services and Building Control staff regarding the requirements of the Fencing of Swimming Pools Act 1987, the Building Act and the appropriate considerations to take into account when determining an application by a hearings process.

19. The Building (Pools) Amendment Bill was introduced to New Zealand Parliament on 9 September 2015. Once adopted, this may impact on the role of the local boards in assessing swimming pool fencing exemption applications. Staff will provide more information on this as it becomes available^{^[2]}.

Attachments

There are no attachments for this report.

Signatories

Authors

Felicity Prance – Policy Advisor

Authorisers

Karen Lyons - General Manager Local Board Services

Sue O'Gorman - Relationship Manager

[1] Part 1A, Schedule 7, 36D Local Government Act 2002

[2] Once the outcome of the Building (Pools) Amendment Bill is known, more work will be carried out, if necessary, based on a review of the governance framework undertaken in 2016 and the option to move responsibility for granting swimming pool fencing exemptions to the governing body.

Chairperson	David Collings
Deputy Chairperson	Katrina Bungard
Members	Garry Boles
	Jim Donald
	John Spiller
	Adele White
	Bob Wichman
	Peter Young, JP

Authors	Carol McGarry - Democracy Advisor
Authorisers

Authors	Carol McGarry - Democracy Advisor
Authorisers