I hereby give notice that an ordinary meeting of the Maungakiekie-Tāmaki Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 22 November 2016 4.00pm Local Board
Office |
Maungakiekie-Tāmaki Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Josephine Bartley |
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Deputy Chairperson |
Don Allan |
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Members |
Debbie Burrows |
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Bernie Diver |
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Nerissa Henry |
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Chris Makoare |
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Alan Verrall |
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(Quorum 4 members)
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Philippa Hillman Democracy Advisor, Maungakiekie-Tāmaki Local Board
14 November 2016
Contact Telephone: (09) 570 3840 / 021 706 137 Email: philippa.hillman@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Maungakiekie-Tāmaki Local Board 22 November 2016 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
9 Public Forum 5
9.1 Public Forum : Mike Harrison / safety concerns by Panmure Wharf Domain 5
9.2 Public Forum : Jarred and Melanie Tito / Taumanu cafe proposal 6
10 Extraordinary Business 6
11 Notices of Motion 7
12 Declaration by Local Board Members Debbie Burrows and Bernie Diver Pursuant to Schedule 7, Clause 14, of the Local Government Act 2002 9
13 Governing Body Member's Update 17
14 Request for a Temporary Alcohol Ban for a Coldplay concert at Mount Smart Stadium on 3 December 2016 19
15 New Road Names approval for shared accessways created by a way of subdivision consents in Mt Wellington and Onehunga 31
16 Appointment of board members to external community organisations 41
17 Urgent decision-making process 45
18 Adoption of a business meeting schedule 49
19 Urgent Decision made by the Maungakiekie-Tāmaki Local Board, implementation of parks environmental projects 53
20 Delegated Decisions Maungakiekie-Tāmaki Local Board, bikes in schools initiative Pt England 61
21 Delegated Decisions Maungakiekie-Tāmaki Local Board, housing quality improvement project 65
22 Record of Maungakiekie-Tāmaki Local Board Workshops - September / October 2016 103
23 Board Members' Reports 109
24 Chairperson's Report to the Maungakiekie-Tāmaki Local Board 111
25 Consideration of Extraordinary Items
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 Maungakiekie-Tāmaki Local Board: a) confirm extraordinary minutes of its meeting, held on Thursday, 3 November 2016.
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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 Maungakiekie-Tāmaki 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.
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.
Maungakiekie-Tāmaki Local Board 22 November 2016 |
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Declaration by Local Board Members Debbie Burrows and Bernie Diver Pursuant to Schedule 7, Clause 14, of the Local Government Act 2002
File No.: CP2016/22687
Purpose
1. Due to being an apology for absence at the Maungakiekie-Tāmaki Local Board Inaugural Meeting on 3 November 2016, Debbie Burrows and Bernie Diver need to make the oral declaration and sign a written declaration, which will be attested by the Maungakiekie-Tāmaki Local Board Chairperson.
2. In accordance with the provisions of the Local Government Act 2002 (Schedule 7, clause 14) the Maungakiekie-Tāmaki Local Board Chairperson, is authorised to administer the members’ declarations at this meeting.
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No. |
Title |
Page |
a⇩ |
Laws effecting elected members |
11 |
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
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Governing Body Member's Update
File No.: CP2016/22674
Executive Summary
Providing the Governing Body Member, Denise Lee, the opportunity to update the Maungakiekie-Tāmaki Local Board on projects, meetings, events and issues she has been involved with.
That the Maungakiekie-Tāmaki Local Board: a) receive the Governing Body Member’s report. |
There are no attachments for this report.
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
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Request for a Temporary Alcohol Ban for a Coldplay concert at Mount Smart Stadium on 3 December 2016
File No.: CP2016/22593
Purpose
1. To seek a decision about a temporary alcohol ban in the Mount Smart Stadium area before and after the Coldplay concert scheduled for 3 December 2016.
Executive summary
2. Temporary alcohol bans prohibit the consumption or possession of alcohol in specified areas for specified times. Alcohol bans are enforced by the New Zealand Police (police). The police consider that temporary alcohol bans significantly assist in reducing alcohol-related harm and offending in public areas. Temporary alcohol bans have been adopted for major events at Mount Smart Stadium in the past.
3. On 7 November 2016 the police requested that the local board make a temporary alcohol ban around the Mount Smart Stadium for the Coldplay concert scheduled for Saturday 3 December 2016. Local boards have the delegated authority to make temporary alcohol bans under the Auckland Council Alcohol Control Bylaw 2014.
4. In determining whether to make the temporary alcohol ban, the Maungakiekie-Tāmaki Local Board must be satisfied that there is evidence of a high level of crime or disorder caused or made worse by alcohol consumption in the area, that the ban is proportionate and can be justified as a reasonable limitation on people's rights and freedoms. These criteria were introduced in 2013 and require a much higher evidential threshold to be met than in the past.
5. Staff have identified two options for the board to consider:
· Option 1 – decline to make an alcohol ban
· Option 2 – adopt a temporary alcohol ban that operates from 6am Saturday 3 December 2016 until 6am Sunday 4 December 2016.
6. Staff recommend adopting option 1 due to insufficient documented evidence to meet the high evidential threshold.
That the Maungakiekie-Tāmaki Local Board: EITHER a) decline to adopt a temporary alcohol ban for the Coldplay concert at Mount Smart Stadium on 3 December 2016 for any alcohol related crime or disorder. OR b) adopt a temporary alcohol ban for the Coldplay concert at Mount Smart Stadium as shown on the map in Attachment A, from 6am Saturday 3 December 2016 until 6am Sunday 4 December 2016.
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Comments
7. Temporary alcohol bans prohibit the consumption or possession of alcohol in specified areas for specified times.
8. Alcohol bans are enforced by the police. Under section 169 and 170 of the Local Government Act 2002, police have the powers of search, seizure and arrest for the specified times and places that a ban applies.
9. Additional powers of immediate search will not be available if a temporary alcohol ban is adopted, as the use of such powers must be publicly notified at least 14 days prior to the event. The timing of the request means this is not possible. Police will still have powers to address any incidents of crime or disorder under the Summary Offences Act 1981.
10. Police consider that temporary alcohol bans significantly assist in reducing alcohol-related harm and offending in public areas.
11. Police maintain that they are able to effectively manage alcohol related crime or disorder at these venues because:
· the bans act as a deterrent for people drinking alcohol and engaging in crime or disorder in the vicinity of the stadium
· the bans provide police with the powers to effectively deal with problems when they arise.
Request for temporary alcohol ban
12. Police have requested that the board adopt a temporary alcohol ban around the Mount Smart Stadium for the Coldplay concert scheduled for Saturday 3 December 2016. This was received on 7 November 2016. A copy of the request is contained in Attachment B.
13. Police have requested that:
· the temporary alcohol ban operate from 6am Saturday 3 December 2016 until 6am Sunday 4 December 2016
· the ban cover the areas around the Mount Smart Stadium outlined in Attachment A.
Making temporary alcohol bans
14. Local boards have the delegated authority to make temporary alcohol bans under the Auckland Council Alcohol Control Bylaw 2014 (the bylaw) (resolution number GB/2014/121). The requested ban area is located in the Maungakiekie-Tāmaki Local Board area.
15. In determining whether to make a temporary alcohol ban pursuant to the bylaw, the Maungakiekie-Tāmaki Local Board must be satisfied that there is evidence of a high level of crime or disorder caused or made worse by alcohol consumption in the area, and that the ban is proportionate and can be justified as a reasonable limitation on people's rights and freedoms.
16. The December 2013 amendments to the Local Government Act 2002, incorporated into the bylaw in October 2014 introduced the current high evidential threshold for documented evidence of alcohol related crime or disorder.
Evidence
17. Temporary alcohol bans have been approved for major events at Mount Smart Stadium in the past. This may have reduced evidence of alcohol related crime and disorder available. There is no specific documented evidence to support this temporary alcohol ban request. Staff have been able to identify only one related submission.
18. The submission relating to Mount Smart Stadium (Attachment C) was received during the 2015 review of permanent alcohol bans. It described broken glass bottles and damaged equipment in Buchanan Park and surrounding streets (all outside the requested temporary alcohol ban area) following events, particularly sports events or concerts.
Options
19. Staff have identified two options for the board to consider in response to the police request:
· Option 1 – decline to make an alcohol ban
· Option 2 – adopt a temporary alcohol ban that operates from 6am Saturday 3 December 2016 until 6am Sunday 4 December 2016.
20. The tables below assess the advantages, disadvantages and risks associated with each option.
Assessment of Option 1 – decline to make an alcohol ban
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Analysis |
Advantages |
· No risk of legal challenge due to insufficient evidence · Is not an unreasonable limitation on people’s rights and freedoms to possess or consume alcohol · May produce evidence of alcohol related crime or disorder to support an events venue alcohol ban for Mount Smart Stadium in the future · May identify that temporary alcohol bans are no longer required at Mount Smart Stadium · No temporary alcohol ban implementation costs. |
Disadvantages and Risks |
· Potential for alcohol related crime or disorder that may have been prevented by a temporary alcohol ban |
Risk mitigation |
· Police can use powers under the Summary Offences Act 1981 to address incidents of crime or disorder if they occur · It should also be noted that additional police powers under Section 170 of the Local Government Act are unavailable as the 14 day notification period cannot be met due to the date of the local board meeting. |
Assessment of Option 2 - adopt a temporary alcohol ban that operates from 6am Saturday 3 December 2016 until 6am Sunday 4 December 2016
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Analysis |
Advantages |
· Addresses concerns about alcohol related crime and disorder around the venue as raised by police. |
Disadvantages and Risks |
· Possible challenge in the High Court on the basis that the higher evidential threshold has not been met · Additional police powers under Section 170 of the Local Government Act are unavailable as the 14 day notification period cannot be met due to the date of the local board meeting · Temporary alcohol ban implementation costs. |
Risk mitigation |
· The risk of legal challenge in the High Court is considered to be low. |
Staff recommendation
21. Staff recommend that the Maungakiekie-Tāmaki Local Board decline the request to adopt a temporary alcohol ban (option 1). The reason for this is:
· insufficient documented evidence to support this request against the high evidential threshold.
22. In the long term a venue alcohol ban may be possible for major events at Mount Smart Stadium. This has the benefit that the local board would no longer need to consider individual temporary alcohol ban requests. This will rely on improved documented evidence of site-specific alcohol related crime and disorder. If documented evidence isn’t forthcoming this may indicate that temporary alcohol bans are no longer required at Mount Smart Stadium.
Consideration
Local board views and implications
23. The Maungakiekie-Tāmaki Local Board previously supported the police request for temporary alcohol bans for the Foo Fighters, Future Music, West Fest and The Eagles concerts during summer 2015.
Māori impact statement
24. Managing alcohol related harm associated with events increases opportunities for health and wellbeing, which is consistent with the outcomes of the Māori Plan for Tāmaki Makaurau. Iwi have been consulted widely on the use of alcohol bans and have previously been supportive.
Implementation
25. If option 1- decline temporary alcohol ban. Police can use powers under the Summary Offences Act 1981 to address incidents of crime or disorder if they occur. This may establish evidence to inform decisions about future alcohol bans.
26. If option 2 - temporary alcohol ban is adopted, Regional Facilities Auckland will manage its implementation. Regional Facilities Auckland proposed alcohol management strategy for the Coldplay concert on 3 December 2016 includes:
· standard Auckland Council signage to inform of the alcohol control area. This will be in English and Te Reo and will contain the dates and times the temporary alcohol ban will be in force
· involving the police in the event planning and having sufficient resources to enforce the temporary alcohol ban
· advising the Maungakiekie-Tāmaki Local Board of the type and conditions for on-site alcohol licenses granted for this concert
· asking Auckland Council alcohol licensing inspectors to visit all licensed premises in the temporary alcohol control area prior to the concert
· signage for off-license premises advising of the temporary alcohol ban to be supplied to premises inside the temporary alcohol ban area
· advising ticket holders of the conditions of entry, public transport options, parking restrictions and the temporary alcohol ban areas prior to the event
· sending a notification letter to all local businesses and residents informing them of the temporary ban area dates and times
· monitor the event to establish evidence to inform decisions about future alcohol bans.
27. The costs associated with implementing the temporary alcohol ban will be covered by Regional Facilities Auckland. These costs may include the statutory requirement of a public notice in either the local paper, the Central Leader, or the New Zealand Herald advising of the temporary alcohol ban, temporary signage, and any other reasonable requirements of the police or the Maungakiekie-Tāmaki Local Board.
No. |
Title |
Page |
a⇩
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Map of the requested temporary alcohol ban area |
25 |
b⇩
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Police temporary alcohol ban request |
27 |
c⇩
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2015 alcohol ban review submission |
29 |
Signatories
Authors |
Ashleigh Pihema – Policy Analyst |
Authorisers |
Kataraina Maki - GM - Community & Social Policy Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
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New Road Names approval for shared accessways created by a way of subdivision consents in Mt Wellington and Onehunga
File No.: CP2016/22615
Purpose
1. To seek approval from the Maungakiekie-Tāmaki Local Board for six shared accessways created by the six residential developments in Mt Wellington and Onehunga.
Executive summary
2. Auckland Council has road naming guidelines which set out the requirements and criteria of the council for naming a new road and/or an accessway serving more than five dwellings. These requirements and criteria have been applied in this situation to ensure consistency of road naming.
3. Following assessment against the road naming criteria, the road names ‘Ātaahua Lane’ ‘Rerehua Lane’, ‘Momoho Lane’, ‘Tangata Lane’ ‘Nuinga Lane’ and ‘Nuanua Lane’ (the applicant’s proposed names) were determined to meet the road naming policy criteria.
4. The proposed names are for five residential projects within Mt Wellington and for one development in Onehunga. All development is currently underway and are expected to be completed in 2017.
5. Housing New Zealand (HNZ) has been working with the local community to nominate the proposed names for the residential development projects.
That the Maungakiekie-Tāmaki Local Board: a) approves a new road name ‘Ātaahua Lane’ for the shared accessway created by a development to construct 13 dwellings at 19-21 Kealy Road and 257-259 Panama Rd Mt Wellington (Council’s reference R/JSL/2015/2937); b) approves a new road name ‘Rerehua Lane’ for the shared accessway created by a development to construct 10 dwellings at 24-26 Bernard St & 1 Kealy Rd, Mt Wellington (Council’s reference R/JSL/2015/2637); c) approves a new road name ‘Momoho Lane’ for the shared accessway created by a development to construct 8 dwellings at 216-218 Panama Rd, Mt Wellington (Council’s reference R/JSL/2015/3562); d) approves a new road name ‘Tangata Lane’ for the shared accessway created by a development to construct 13 dwellings at 1-3 Ryburn Pl & 596 Mt Wellington Hwy, Mt Wellington (Council’s reference R/JSL/2015/2601); e) approves a new road name ‘Nuinga Lane’ for the shared accessway created by a development to construct 13 dwellings at 25-35 Walters Road, Mt Wellington (Council’s reference R/JSL/2015/4540); f) approves a new road name ‘Nuanua Lane’ for the shared accessway created by a development to construct 17 dwellings at 13 Maroa Road, One Tree Hill, Onehunga (Council’s reference R/JSL/2015/4255).
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Comments
6. The combined land use and subdivision consent (R/JSL/2015/2937) was granted for the construction of 13 dwellings and for the subdivision of the dwellings to create 13 lots with a shared accessway (Lot 14) on 2 November 2015 at 19-21 Kealy Road and 257-259 Panama Rd Mt Wellington (see Figure 1 of the attached plans).
7. The integrated land use and subdivision consent (R/JSL/2015/2637) was granted for the construction of 10 dwelling and for subdivision around the dwelling to create 10 lots with a shared accessway (Lot 11) at 24-26 Bernard St & 1 Kealy Rd, Mt Wellington on 14 September 2015 (see Figure 2 of the attached plans).
8. The approved land use and subdivision consent (R/JSL/2015/3562) was granted for the construction of 8 dwellings and subdivision around the dwelling to create 8 lots and a shared accessway (Lot 10) at 216-218 Panama Rd, Mt Wellington on 2 February 2016 (see Figure 3 of the attached plans).
9. The approved land use and subdivision consent (R/JSL/2015/2601) was granted for the construction of 13 dwellings and subdivision around the dwellings to create one shared accessay (Lot 14) at 1-3 Ryburn Pl & 596 Mt Wellington Hwy, Mt Wellington on 31 August 2015 (Figure 4 of the attached plans).
10. The land use and subdivision consent (R/JSL/2015/4540) was granted for the construction of 13 dwellings and subdivision around the dwellings to create one shared accessay (Lot 14) at 25-35 Walters Road, Mt Wellington on 12 April 2016 (see Figure 5 of the attached plan).
11. The land use and subdivision consent (R/JSL/2015/4255) was granted for the construction of 13 dwellings and subdivision around the dwellings to create one shared accessay (Lot 19) at 13 Maroa Road, One Tree Hill, Onehunga on 5 February 2016 (see Figure 6 of the attached plan).
12. The Auckland Council Road Naming Guideline allows that where a new road/accessway 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.
13. For the residential projects in Mount Wellington, HNZ (the applicant) working with the Panama Road School Community. The following proposed names were nominated by the students and parents for the development in Mount Wellington:
Project |
Proposed Name |
Meaning / Explanation |
19-21 Kealy Road and 257-259 Panama Rd |
Ātaahua |
to be beautiful and pleasant |
Success |
Part of School motto - Success Street Where everyone succeeds and it’s part of our motto, learning together, success every day. |
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Whakaute |
to respect, show respect, tend, care for |
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24-26 Bernard St & 1 Kealy Rd |
Rerehua |
pleasant to the sight, aesthetically pleasing |
Whakahī |
to be proud, to take pride |
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Pride |
School motto - The name pride is an important word to our school, and our community. Representing our school in the community, it’s values and principles. |
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216-218 Panama Rd, Mt Wellington |
Momoho |
to be fortunate and successful |
Fale |
Home or family, where we share the love, honesty and trust to each other. Samoan. |
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Pāpori |
communal, community, public, social |
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1-3 Ryburn Pl & 596 Mt Wellington Hwy |
Tangata |
person, man, human being and individual. We are the people. |
Haukāinga |
home, true home, local people of a marae |
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Whakakāinga |
to make a home, establish a home |
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25-35 Walters Road, Mt Wellington |
Nuinga |
(noun) people |
Talofa |
Samoan Greeting. Welcome to Talofa Street. |
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Kiwi Nui |
A good street name because it celebrates NZ. |
14. For the residential development in Onehunga, HNZ has proposed the accessway to be named after a former employee Raymond Nuanua Fitisemanu. Mr Fitisemanu worked for HNZ as a Tenancy Manager for over 15 years, who contributed a great deal to the tenants and community in the areas. He worked closely with Police, Family works and other agencies in the Onehunga area. HNZ has obtained supports from New Zealand Policy and Family Works for the proposed names below:
· Nuanua Lane
· Fitisemanu Lane
· Ray Fitisenmanu Lane
15. The applicant’s proposed road names have been assessed against the criteria set out in the Auckland Council Road Naming Guidelines. All names adhere to the general principles and objectives.
16. The applicant’s proposed road names have been checked against the Land Information New Zealand Address Database and found that the proposed names are not the same or similar to any existing road names already used in Auckland.
17. The applicant has consulted NZ Post and received no objection for the names proposed.
Consideration
Local board views and implications
18. Auckland Council, by way of the Long-term Plan (2012-2022), has allocated the responsibility for the naming of new roads to local boards, pursuant to section 319(1)(j) of the Local Government Act 1974.
19. The decision sought from the Maungakiekie-Tāmaki Local Board does not trigger any significant policy and is not considered to have any immediate impact on the community.
20. The decision sought from the Maungakiekie-Tāmaki Local Board is not considered to have any legal or legislative implications.
Māori impact statement
21. It is considered that there is no significance to Māori as a result of the proposed road names, and that there will be no adverse effects on Māori communities.
22. Housing New Zealand sent the proposed names for the residential project in Onehunga to the 15 iwi listed for the Maungakiekie-Tāmaki Local Board Area, advising of the proposed street name and asking for comments and alternative options on 11 April 2016. No objections were received.
23. Housing New Zealand sent the proposed names for the residential projects in Mt Wellington to the 15 iwi listed for the Maungakiekie-Tāmaki Local Board Area, advising of the proposed street name and asking for comments and alternative options. Only Te Rūnanga o Ngāti Whātua responded to say that for this location they refer to and support the position of Ngati Whatua o Orakei. No further comments were received from Ngati Whatua o Orakei.
Implementation
24. The Project, Practice and Resolutions Consenting Team will ensure that appropriate road name signage will be installed accordingly once an approval is obtained for the new road name.
25. 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 charging policies.
No. |
Title |
Page |
a⇩
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Scheme Plan |
35 |
Signatories
Authors |
Jian Chen - Senior Subdivison Advisor |
Authorisers |
Ian Smallburn - General Manager Resource Consents Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
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Appointment of board members to external community organisations
File No.: CP2016/22833
Purpose
1. To appoint board members to external community organisations relevant to the local board area.
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 a lead and alternate member to represent the board on those external organisations for the 2016-2019 triennium.
4. In addition, 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.
That the Maungakiekie-Tāmaki Local Board: a) appoints the following board members to the external community groups and organisations listed below:
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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 organsation 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.
Glen Innes Business Association; Onehunga Business Association; Panmure Business Association
13. There are 46 Business Improvement District Partnership Programmes operating within the Auckland region.
14. 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 in the Local Board Plan. The local board will receive regular reporting on the BID Partnership Programme and review progress against objectives.
15. 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.
16. The previous local board representatives were Josephine Bartley with Chris Makoare as alternate.
17. It is recommended that the local board appoints a local board member and an alternate to each business association to represent the local board regarding all matters relating to the business association.
Citizens Advice Bureau, Glen Innes; Citizens Advice Bureau, Onehunga; Citizens Advice Bureau, Sylvia Park & Panmure-Ellerslie (CABs)
18. Each CAB bureau is an incorporated not for profit organisation, operated by local community volunteers. Each bureau has a Management Board of elected volunteers who plan, govern and promote their CAB.
19. The local board members’ role would be as a point of contact for the CAB to liaise with the local board.
20. The previous local board representatives were Simon Randall with Brett Clark as the alternate.
21. The CAB managers met with local board representative on a quarterly basis.
22. The local board is asked to appoint one member (and an alternate) as the board liaison to the Citizen Advice Bureau in Glen Innes, Onehunga and Sylvia Park &Panmure-Ellerslie.
Mutukaroa (Hamlins Hill) Management Trust
23. The Mutukaroa (Hamlins Hill) Management Trust was set up by trust deed by the Crown to make decisions on the Mutukaroa property, which is leased by the Trust to the Auckland Council as a regional park. The trust deed provides for 6 trustees including 1 nominated by the ARC and 1 nominated by Auckland City Council. Auckland Council inherits the nominating rights of both and can nominate 2 trustees.
24. Three other trustees are nominated by the Ngāti Whātua Ōrākei Trust, Ngāti Pāoa Trust Board and the Waikato Tainui Te Kauhanganui. The Maungakiekie MP (Hon Peseta Sam Lotu-Iiga) is also a trustee.
25. The Governing Body previously nominated Councillor Denise Lee and delegated the other nomination to the Maungakiekie-Tāmaki Local Board.
26. The previous local board representative was Chris Makoare.
27. The next meeting of the trust has not been set.
28. The local board is asked to appoint one member (and an alternate if deemed necessary) to the Mutukaroa (Hamlins Hill) Management Trust.
Tāmaki Recreation Trust Board
29. The Tāmaki College Community Recreation Centre is owned by Tāmaki College Board of Trustees.
30. It is managed by the Tāmaki College Community Recreation Trust Board and council entered into agreement with the Trust to provide up to 100 000p.a. which provides community access to the facility and the activities run at the centre for a reasonable fee. As part of the agreement the Trust Board provides accountability reports to council for the funding received and a local board member is appointed to sit on the trust board to represent council at their meetings. The agreement is set to expire in 2022.
31. The previous local board representative was Chris Makoare.
32. The next meeting of the trust has not been set.
33. The local board is asked to appoint one member (and an alternate if deemed necessary) to the Tāmaki Recreation Trust Board.
Consideration
Local Board views and implications
34. This report seeks the local board’s decision on representatives to external community organisations relevant to the local board area.
Māori impact statement
35. 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
36. There are no implementation issues as a result of this report.
There are no attachments for this report.
Signatories
Authors |
Andrew Simon Pickering - Senior Policy Advisor |
Authorisers |
Karen Lyons - General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Urgent decision-making process
File No.: CP2016/22669
Purpose
1. The purpose of this report is to seek the Maungakiekie-Tāmaki 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.
That the Maungakiekie-Tāmaki Local Board: a) adopt 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) delegate 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) agree 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) note 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 approve the use of the urgent decision-making process by signing the same memo.
12. Once the authorisation memo has been approved, 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.
There are no attachments for this report.
Signatories
Authors |
Felicity Prance - Policy Advisor |
Authorisers |
Karen Lyons - General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Adoption of a business meeting schedule
File No.: CP2016/22809
Purpose
1. To seek the adoption of the Local Board meeting schedule for the 2016/2019 electoral term.
Executive summary
2. A draft meeting schedule for the 2016/2019 electoral term has been developed and is included below for adoption by the local board.
3. The specific times and dates for meetings, public engagement and any hearings, which may be required for matters such as local board plans and local board agreements, are yet to be finalised. Local board meeting schedules may therefore be updated once these details are confirmed.
That the Maungakiekie-Tāmaki Local Board: a) adopts the meeting schedule outlined below for the 2016/2019 electoral term:
b) agrees to commence business meetings at 4pm to be held at the Maungakiekie-Tāmaki Local Board office, 7-13 Pilkington Road, Panmure. Public forum and deputations will be scheduled in the early part of the business meeting, to enable the democratic process; c) notes that dates and times for meetings, public engagement and any hearings and deliberations for local board plans and local board agreements are yet to be finalised.
|
Comments
4. The Local Government Act 2002 (LGA) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules.
5. In summary, adopting a meeting schedule helps meet the requirements of:
· clause 19, Schedule 7 of the LGA on general provisions for meetings, which requires the chief executive to give notice in writing to each local board member of the time and place of meetings. Such notification may be provided by the adoption of a schedule of business meetings.
· sections 46, 46(A) and 47 in Part 7 of the LGOIMA, which requires that meetings are publicly notified, agendas and reports are available at least two working days before a meeting and that local board meetings are open to the public.
6. Adopting a business meeting schedule also allows for a planned approach to workloads and ensures that local board members have clarity about their commitments.
7. Commencing the business meeting during business hours will enable meetings to be productive and ensures best use of resources.
8. There are some instances for which the local board may need to have meetings in addition to this schedule. For example, the local board plans (developed every three years) and local board agreements (developed annually). The specific times and dates for those meetings, public engagement and any hearings process for these matters are yet to be finalized and are therefore not included in the schedule above.
Consideration
Local board views and implications
9. The implication of this report is to ensure that the local board meets its legislative responsibility, as outlined in paragraph five.
Māori impact statement
10. There is no specific impact for Māori arising from this report. Local boards work with Māori on projects and initiatives of shared interest.
Implementation
11. If there is any need to depart from the resolved dates, Auckland Council will publically notify the updated details. Local Board Services Department staff support local board business meetings.
There are no attachments for this report.
Signatories
Authors |
Madelon De Jongh - Senior Policy Advisor |
Authorisers |
Karen Lyons - General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Urgent Decision made by the Maungakiekie-Tāmaki Local Board, implementation of parks environmental projects
File No.: CP2016/22818
Purpose
1. To advise the Maungakiekie-Tāmaki Local Board of urgent decision signed under delegated authority for implementation of parks environmental projects for financial year 2016/17.
Executive Summary
2. At the 15 September 2016 Maungakiekie-Tāmaki Local Board meeting the board considered the temporary arrangements for urgent decisions and staff delegations during the election period item and resolved as follows:
Resolution number MTLB/2016/181
That the Maungakiekie-Tāmaki Local Board:
a) utilises the board’s existing urgent decision-making process to make urgent decisions on behalf of the local board that may be needed between the final local board business meeting and the commencement of the term of office of new local board members.
b) notes that from the commencement of the term of office of new local board members until the inaugural meeting of the incoming local board, urgent decision-making will be undertaken by the Chief Executive under existing delegations.
c) approves that staff, as a temporary measure, can make business as usual decisions under their existing delegated authority without requiring compliance with the requirement in the current delegation protocols to consult with the nominated portfolio holder, from 8 October 2016 until new arrangements are made at the first business meeting in the new term.
d) notes that existing appointments by the local board to external bodies will cease at the election and new appointments will need to be made by the local board in the new term.
CARRIED
3. Approval was sought for the implementation of parks environment projects for financial year 2016/17 local board work programme.
4. The Maungakiekie-Tāmaki Local Board held its last Business Meeting of the electoral term on the 15 September 2016. With the incoming local board holding its first decision making business meeting after the 3 November inaugural meeting, officers sought approval through the urgent decision process in order to be able to deliver these two projects in the local board work programme within the 2016/17 financial year.
5. Details are contained in the urgent decision document included with this report as Attachment A.
That the Maungakiekie-Tāmaki Local Board: a) note the decision made under urgency providing approval for the budget spend for the Maungakiekie-Tāmaki Parks Environmental Projects budget (FY 2016/17) as outlined below: i) $60,000 dedicated to a new volunteer project incorporating restoration planting along Wai-o Taiki Reserve foreshore and stream sides in Pt England Reserve. ii) $140,000 dedicated to the on-going maintenance and enrichment planting at the following sites: · Anns Creek Reserve · Apirana Reserve · Bertrand Reserve · Bycroft Srings Reserve · Captain Springs Reserve · Finn Place · Flat Rock Reserve · Hochstetter Pond · Johnson Reserve · Miami Parade
|
No. |
Title |
Page |
a⇩ |
Urgent decision for implementation of parks environment projects |
55 |
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Delegated Decisions Maungakiekie-Tāmaki Local Board, bikes in schools initiative Pt England
File No.: CP2016/22826
Purpose
1. To advise the Maungakiekie-Tāmaki Local Board of decision signed under delegated authority.
Executive Summary
2. At the Maungakiekie-Tāmaki Local Board Business Meeting held on 16 June 2016 the board agreed the following delegated decision under resolution MT/2016/102 to:
That the Maungakiekie-Tāmaki Local Board:
b) approves the Maungakiekie-Tāmaki parks, sport and recreation annual work programme 2016/2017 financial year as detailed in Attachment A, page 61 of the agenda;
c) delegates to the parks, sport and recreation portfolio holder to approve any minor changes or amendments to the parks, sport and recreation work programme.
CARRIED
3. Under c) above approval was sought by officers to allocate $30,000 in the Sports and Recreation participation project LDI budget to deliver a Bikes in Schools initiative at Pt England School.
4. Details are contained in the delegated decision document which is included with this report as Attachment A.
That the Maungakiekie-Tāmaki Local Board note the decision made under delegation: a) As per resolution MT/2016/102 the Maungakiekie-Tāmaki Local Board through delegation to the Chairperson SD Randall and the Parks, Sport and Recreation Portfolio Holder JB Clark approve the allocation of $30,000 to deliver the 2016/2017 participation project in Pt England School.
|
No. |
Title |
Page |
a⇩ |
Delegated decision - Bikes in schools initiative |
63 |
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Delegated Decisions Maungakiekie-Tāmaki Local Board, housing quality improvement project
File No.: CP2016/22830
Purpose
1. To advise the Maungakiekie-Tāmaki Local Board of decision signed under delegated authority.
Executive Summary
2. At its 16 June 2016 business meeting the Maungakiekie-Tāmaki Local Board deferred its decision on the Arts, Community and Events work programme line item 2449, for the Housing Quality Improvement Project. The board requested staff to work with the chair and portfolio holder to further develop the work plan, with delegated authority of the work plan to the chair and portfolio holder see below resolution MT/2016/101 to:
a) approves the 2016/2017 Arts, Community and Events work programme (Attachment A, page 17 of the addendum agenda) except for line item 2449 the Housing Quality Improvement Project;
b) requests officers work with the chair and portfolio holder to further develop the Housing Quality Improvement Project work plan, and delegates to the chair and portfolio holder to approve the 2016/17 work plan for this project;
c) delegates to the arts and culture portfolio holder to approve any minor changes or amendments to the arts work programme;
d) delegates to the Chairperson and Deputy Chairperson of the Te Oro Committee to make minor changes or amendments to the Te Oro work programme;
e) delegates to the community development portfolio holder to approve any minor changes or amendments to the community development work programme;
f) delegates to the community facilities portfolio holder to approve any minor changes or amendments to the community facilities work programme;
g) delegates to the events portfolio holder to approve any minor changes or amendments to the events work programme;
h) delegates to the youth connections portfolio holder to approve any minor changes or amendments to the youth connections work programme.
CARRIED
3. Under b) above officers sought approval of line item 2449, the Housing Quality Improvement Project to continue to incentivise landlords to meet the new housing quality requirements and develop new partnerships with suitably qualified community organisations to deliver the property assessments and tenant education aspect of the programme.
4. Details are contained in the delegated decision document which is included with this report as Attachment A.
That the Maungakiekie-Tāmaki Local Board note the decision made under delegation: a) that the Maungakiekie-Tāmaki Local Board through delegation to the community development portfolio holder, CL Makoare and Chairperson SD Randall approved the Housing Quality Improvement Project work plan for 2016/17 (line item 2449) and approved the implementation of Option 2; the continuation to incentivise landlords to meet the new housing quality requirements and develop new partnerships with suitably qualified community organisations to deliver the property assessments and tenant education aspect of the programme. |
No. |
Title |
Page |
a⇩ |
Delegated decision for housing quality improvement project |
67 |
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Record of Maungakiekie-Tāmaki Local Board Workshops - September / October 2016
File No.: CP2016/22968
Executive summary
1. The attached workshop records provide a summary of the Maungakiekie-Tāmaki Local Board workshops for September 2016.
2. This report includes local induction sessions held with the new board post 2016 elections prior to their inaugural meeting held on 3 November 2016.
3. These sessions are held to give an information opportunity for board members and officers to discuss issues and projects, and note that no binding decisions are made or voted on at workshop sessions.
That the record of Maungakiekie-Tāmaki Local Board: a) note the workshops report for September and October 2016. |
No. |
Title |
Page |
a⇩
|
Local Board workshops - September 2016 |
105 |
b⇩
|
Local Board workshops - October 2016 |
107 |
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Workshop record of the Maungakiekie-Tāmaki Local Board held on 13 September 2016, commencing at 10am.
PRESENT
Chairperson: Simon Randall
Members: Josephine Bartley
Brett Clark
Bridget Graham
Obed Unasa
Apologies: Chris Makoare
Alan Verrall
Workshop Item |
Governance role |
Summary of Discussions |
License to occupy Te Tauranga Allan Walton, Kim O’Neill, Julie McKee, Tania Utley |
Local initiative/specific decisions.
|
To discuss the application and engagement plan, officers were requested to amend the engagement plan and table the document during the report item at the business meeting on 15 September 2016. |
Panuku Development Auckland – High Level Project Plan Fiona Knox, Helga Sonier, Nicole Hurst |
Input into regional decision making
|
To discuss the draft High Level Project Plan content, officers noted the board’s feedback. A report will be going to the Panuku Development Auckland Board towards the end of the year. |
The workshop concluded at 2pm.
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Workshop record of the Maungakiekie-Tāmaki Local Board held on 11 October 2016, commencing at 10am.
PRESENT
Members: Don Allan
Josephine Bartley
Debbie Burrows
Bernie Diver
Nerissa Henry
Chris Makoare
Apologies: Alan Verrall
Workshop Item |
Governance role |
Summary of Discussions |
Introductory session and meet key support staff Victoria Villaraza |
Keeping informed
|
Board members were introduced to immediate support staff. |
Induction schedule Victoria Villaraza |
Keeping informed
|
Board members were made aware of the induction activities schedule going forward until the end of the year. |
Best Practice Review Victoria Villaraza |
Keeping informed |
Discussions held regarding the findings of the best practice review taken of the last term. |
The workshop concluded at 3pm.
Workshop record of the Maungakiekie-Tāmaki Local Board held on 18 October 2016, commencing at 10am.
PRESENT
Members: Don Allan
Josephine Bartley
Debbie Burrows
Bernie Diver
Nerissa Henry
Chris Makoare
Alan Verrall
Workshop Item |
Governance role |
Summary of Discussions |
Working together Victoria Villaraza |
Local initiatives and specific decisions
|
Board discussion on how they will work together during the 2016/19 electoral term. |
The workshop concluded at 3pm.
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
File No.: CP2016/22679
Purpose
Providing Board members with an opportunity to update the local board on the projects and issues they have been involved with.
That the Maungakiekie-Tāmaki Local Board: a) receive the board members report. |
There are no attachments for this report.
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 22 November 2016 |
|
Chairperson's Report to the Maungakiekie-Tāmaki Local Board
File No.: CP2016/22680
Executive summary
Providing the Chairperson, Josephine Bartley, with an opportunity to update the local board on the projects and issues she has been involved with.
That the Maungakiekie-Tāmaki Local Board: a) receive the Chairperson’s report. |
There are no attachments for this report.
Signatories
Authors |
Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board |
Authorisers |
Victoria Villaraza - Relationship Manager |