Agenda of Rodney Local Board - 17 November 2016

I hereby give notice that an ordinary meeting of the Rodney Local Board will be held on:

Date:

Time:

Meeting Room:

Venue:

Thursday, 17 November 2016

2:00pm

Council Chamber
Orewa Service Centre
50 Centreway Road
Orewa

Rodney Local Board

OPEN AGENDA

MEMBERSHIP

Chairperson	Beth Houlbrooke
Deputy Chairperson	Phelan Pirrie
Members	Brent Bailey
	Tessa Berger
	Cameron Brewer
	Louise Johnston
	Allison Roe, MBE
	Colin Smith
	Brenda Steele

(Quorum 5 members)

Raewyn Morrison

Local Board Democracy Advisor

11 November 2016

Contact Telephone: (09) 427 3399

Email: raewyn.morrison@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

Rodney Local Board

17 November 2016

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

8.1 Proposed Subdivision Wellsford 5

8.2 Warkworth Parking Issues 6

8.3 One Warkworth Business Association 6

9 Public Forum 6

10 Extraordinary Business 6

11 Notices of Motion 7

12 Landowner Approval for Matakana River Tours Limited 9

13 New Road Names Approval for Road Created by way of Subdivision at 105 Oraha Road, Huapai 13

14 New Road Names Approval for Roads created by Way of Subdivision on a site at corner of Station Road and Nobilo Road 19

15 Auckland Council's Quarterly Performance Report: Rodney Local Board for Quarter One, 1 July - 30 September 2016 23

16 Appointment of local board members to external organisations for the 2016-2019 triennium 67

17 Transfer of delegations from the 2013-2016 triennium and new delegations to minimise delays 73

18 Adoption of the Rodney Local Board Meeting Schedule for 2016-2017 77

19 Urgent decision-making process 81

20 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 83

21 Ward Councillor Update 87

22 Governance Forward Work Programme 89

23 Consideration of Extraordinary Items

PUBLIC EXCLUDED

24 Procedural Motion to Exclude the Public 93

20 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987

a. 196 Lonely Track Road, Albany 93

b. 564 Coatesville-Riverhead Highway, RD 3, Albany 93

c. 1083 Kahikatea Flat Road, Waitoki 93

d. 281 Takatu Road, Matakana 93

C1 Acquisition of open space land - Wellsford 93

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 Rodney Local Board:

a) confirm the minutes of its inaugural meeting, held on Wednesday, 26 October 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 Rodney Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

8.1 Proposed Subdivision Wellsford

Purpose

1. Lance Hesselll of Terra Nova Planning will be in attendance to outline a proposal for an 80 lot subdivision at Wellsford and the matter of vesting land for reserve purposes.

Recommendation/s

That the Rodney Local Board:

a) thank Mr Hessell from Terra Nova Planning for his presentation on a proposal for an 80 lots subdivision at Wellsford and the matter of vesting land for reserve purposes.

8.2 Warkworth Parking Issues

Purpose

1. Susan Vize, business owner in Warkworth, will address the local board regarding parking issues in Warkworth.

Recommendation/s

That the Rodney Local Board:

a) thank Susan Vize for her deputation regarding parking issues in Warkworth.

8.3 One Warkworth Business Association

Purpose

1. Representatives from One Warkworth Business Association will be in attendance to outline their progress to date and update the local board on their strategies and policies. The association is also launching a ‘Buy Local’ campaign to support the local community.

Recommendation/s

That the Rodney Local Board:

a) thank the representatives from One Warkworth Business Association for their outline of their progress to date and an update on their strategies and policies.

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.

Rodney Local Board

17 November 2016

Landowner Approval for Matakana River Tours Limited

File No.: CP2016/22434

Purpose

1. To seek landowner approval from Rodney Local Board for Matakana River Tours Limited to operate river tours from Matakana Wharf to Sandspit Wharf to facilitate active enjoyment, historical facts and information of the river and the surrounds.

Executive summary

2. Matakana River Tours Limited has applied to use the Matakana Wharf to operate tours from Matakana Wharf to Sandspit Wharf. The local board indicated that it supported the concept in principle at its meeting on 13 June 2016. Further investigations were completed by staff and a memo presented on 5 September, 2016.

3. Staff were requested to check any licencing requirements and resource consent approvals and to present the details to the local board for consideration. Staff have examined any trading licencing and resource consent obligations and confirm that none are relevant to this application apart from liquor and food licences and the applicant must hold a Maritime NZ Licence. At this point in time there is no occupation or use licenses required as there is no actual building on the wharf erected as a ticket office. The passengers entering the wharf are considered public users of this road reserve like other users that dock their boats at the wharf.

4. Staff recommend that the local board approves the application as it supports the Matakana Wharf Reserve Management Plan 2005 that encourages this type of activity (12.2 Objective 2). There is also support for the landowner approval from the local community and iwi.

Recommendation/s

That the Rodney Local Board:

a) approve Phillip Morris, owner/operator of Matakana River Tours Limited, to undertake river tours from Matakana Wharf to Sandspit Wharf with the following conditions:

i) to comply with the Maritime Transport Act 1994

ii) to provide a Health and Safety Plan to council

iii) to execute any licence or occupation agreement by council if required in the future

iv) to include a renewal or termination date if required by the Rodney Local Board

v) up to four tours daily for one hour’s duration and a two hour evening tour with a maximum capacity of 16 passengers per sailing

Comments

Background

5. The land sited at the junction of Matakana, Matakana Valley, and Leigh Roads, and adjoining the Matakana River is described as Section 1 SO 67764 comprising 8678 square metres and contained in NA99C/484. Section 1 was formerly known as Matakana Wharf Road. After being redefined by SO 67764 in 1995, and becoming described as section 1 SO 67764, the road was stopped by the Rodney District Council and automatically became held by the council as an unclassified local purpose (esplanade) reserve by virtue of section 226 (6) of the Resource Management Amendment Act 1993.

6. The applicant, Phillip Morris, presented a deputation to the local board on 13 June 2016 for his application to gain landowner approval to operate Matakana River Tours. Potential health and safety risks were identified by Auckland Council staff and further investigations were required by the applicant prior to approval. Investigations included assessing the structural integrity of the wharf, confirming alternative parking arrangements and the applicant agreeing to comply with signage requirements.

7. This work was completed and a memo containing the details was presented to the Rodney Local Board at a workshop on 5 September, 2016. The local board requested details of any licences required for this application to be confirmed by officers.

8. Staff have examined any trading licencing and resource consent obligations and confirm that none are relevant to this application apart from liquor and food licences and the applicant must hold a Maritime NZ Licence. At this point in time there is no occupation or use license required as there is no actual building on the wharf erected as a ticket office. The passengers entering the wharf are considered public users of this road reserve like other users that dock their boats at the wharf.

Option 1 - Rodney Local Board approve the Landowner Application

9. Staff recommends that the local board approves Phillip Morris, owner/operator of Matakana River Tours Limited, to undertake river tours from Matakana Wharf to Sandspit Wharf.

10. The proposed conditions of approval:

i. up to four tours daily for one hour’s duration and a two hour evening tour with a maximum capacity of 16 passengers per sailing.

ii. stipulate that Matakana River Tours Limited must comply with Maritime NZ and any health and safety regulations.

11. The local board may additionally want to impose certain conditions for the approval such as a clause for any retrospective licence requirements and a renewal or termination date for the approval after a certain length of time. This will enable Auckland Council to end landowner approval if there are any operating issues or changes to the future of the Matakana River.

Option 2 – Rodney Local Board reject the Landowner Approval

12. If the local board does not approve the application then the applicant will not be able to provide this service. This does not support the Matakana Wharf Reserve Management Plan 2005 that encourages this type of activity (12.2 Objective 2). Staff do not recommend this option.

Consideration

Local board views and implications

13. The local board has been presented with the original application from Phillip Morris, dated 13 June 2016 and further information from a memo, dated 31 August 2016 regarding the Matakana River Tours Limited. The local board has authority to delegate approval for this landowner application.

14. This application is supported by local businesses. Greg Lawrence owner of Matakana Village Pub, Simon Barclay president of Matakana Community Group and Christiaan Moss, Deputy Harbour Master have indicated support via emails. This information was presented by the applicant to the local board on 13 June 2016. This application meets the objectives of the Matakana Wharf Reserve Management Plan 2005.

15. This application also meets all legislative requirements.

Māori impact statement

16. The applicant has proactively engaged with Ngāti Manuhuri to receive their support for this application.

Implementation

17. Once this application is approved by the local board, tours are planned to commence on 1 December 2016.

18. The issues identified with the commencement date were the requirement for a Maritime NZ Licence and liquor and food licences. The applicant holds a Maritime NZ Licence and the liquor and food licences have been lodged. The applicant should be ready to begin tourist tours on 1 December 2016.

Attachments

There are no attachments for this report.

Signatories

Authors

Raewyn Sendles - Land Use Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

New Road Names Approval for Road Created by way of Subdivision at 105 Oraha Road, Huapai

File No.: CP2016/22294

Purpose

1. To seek approval for the proposed street names for 13 roads and 1 shared accessway in the Arborfields Group Holdings Limited subdivision at 105 Oraha Road, Kumeu (legal description: Lot 2 DP 452240 and Lot 16 DP 56200).

Executive summary

2. Auckland Council has road naming guidelines which set out the requirements and criteria of the council for naming a new road. These requirements and criteria have been applied in this situation to ensure consistency of road naming for Auckland Council.

3. Following assessment against the road naming criteria, the road names proposed by the applicant, Arborfields Groups Holdings Limited, being ‘Accolage Boulevard’, ‘Cordon Road, ‘Barrels Close’, ‘Blatina Drive’, ‘Grenache Way’, ‘Magnum Drive’, ‘Meritage Close’, ‘Cooperage Avenue’, ‘Barrique Road’, ‘Cremant Place’, ‘Balthazar Road’ ‘Jeroboam Loop’, ‘Piccolo Court’ and ‘Tarara Lane’ were determined to meet the road naming policy criteria and are recommended for approval.

Recommendation/s

That the Rodney Local Board:

a) approve the road names ‘Accolage Boulevard’, ‘Cordon Road, ‘Barrels Close’, ‘Blatina Drive’, ‘Grenache Way’, ‘Magnum Drive’, ‘Meritage Close’, ‘Cooperage Avenue’, ‘Barrique Road’, ‘Cremant Place’, ‘Balthazar Road’ ‘Jeroboam Loop’, ‘Piccolo Court’ and ‘Tarara Lane’ for the new roads and a private accessway in the Arborfields Group Holdings Limited subdivision at 105 Oraha Road, Huapai pursuant to section 319(1)(j) of the Local Government Act 1974.

Comments

4. Arborfield Group Holdings Limited (the applicant), has obtained two qualifying development resource consents for residential subdivision at 105 Oraha Road, Huapai (the Oraha SHA) under the Housing Accords and Special Housing Areas Act 2013.

5. The first resource consent (council reference SLC-65615 and REG-66002) was granted for a 52 lot subdivision comprising of 50 residential lots and 2 balance lots and associated works in preparation for future residential development within the Oraha SHA. This was the concurrent consent processing with Plan Variation (PV) to rezone the site from Future Urban to Mixed Housing Suburban under the Proposed Auckland Unitary Plan. The development was granted on 1 March 2016 (SLC-65615 and REG-66002).

6. Following the approval of the first subdivision consent, the applicant submitted a second resource consent to subdivide the balance lot (SUB-67158, REG-67223), which was granted by council on 17 August 2016. The second application would develop the balance site in three stages to create 183 residential lots, drainage reserves and pedestrian walkways to be vested in council. Figure 1 below shows the subdivision scheme and the new roads proposed.

7. Both applications would create 13 new roads over the site to be vested in council and 5 shared accessways. Although the applicant has selected proposed names for each of the shared accessways, only one accessway (Lot 706) will need to be named as all other shared accessways are serving lots with road frontages, in which naming of these accessways are not required.

Figure 1: Site Plan indicating the location of the new roads

8. The Auckland Council Road Naming Guidelines allows 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 street names for the local board’s approval. All names adhere to the general principles and objectives. The applicant has proposed the following street names:

Figure 2: Preferred and alternate names for new roads

9. A workshop was held on 15 August 2016 with the local board to discuss the street names proposed by the applicant. A list of the proposed street names was provided by the Rodney Local Board. The applicant has selected some of the names from the list to name the accessways created by the development.

10. Below shows the site plan with the proposed names selected by the applicant for the shared accessways from a list of the names provided by the Rodney Local Board Committee on 8 July 2016 (noting that only Lot 706 will need a name).

11. Land Information New Zealand (LINZ) and New Zealand Post have been consulted by council officers with regards to both the preferred and alternative options for the proposed street names and the list of the proposed names provided by Rodney Local Board, of which they confirm there are no similar street names within the Auckland Council boundary or an adjoining territorial authority’s boundary, and that these names are acceptable.

12. As the applicant’s preferred names meet the criteria, they are recommended for the local board’s approval.

Consideration

Local board views and implications

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

Māori impact statement

14. The applicant has consulted with relevant iwi, in which Ngāi Tai Ki Tāmaki, Ngati Manuhiri, Ngati Wai, Te Uri o Hau, Ngāti Te Ata Waiohua confirmed that consultation of the street names were not required.

15. Ngāti Whātua Ōrākei and Te Rūnanga o Ngāti Whātua deferred the consultation to Ngāti Whātua o Kaipara. However, no response was received from Ngāti Whātua o Kaipara, and there are no objections or comments received against the proposed street names from other relevant iwi.

Implementation

16. The Project, Practice and Resolutions 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

Jian Chen - Senior Subdivison Advisor

Authorisers

Ian Smallburn - General Manager Resource Consents

Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

New Road Names Approval for Roads created by Way of Subdivision on a site at corner of Station Road and Nobilo Road

File No.: CP2016/22303

Purpose

1. To seek approval for the proposed street names for six new roads in the Cabra Developments Limited subdivision at Station Road, Huapai (legal description: Lot 1 DP 318693, Lot 2 DP 318693, Lot 2 DP 137997, Lot 2 DP 491124 & Lot 3 DP 491124).

Executive summary

3. Following assessment against the road naming criteria, the road names proposed by the applicant, Cabra Developments Limited, being ‘Papa Orchard Drive, Nellie Drive, Jane Maree Road, Podgora Avenue, Dida Park Drive and Vinistra Road’ were determined to meet the road naming policy criteria and are recommended for approval.

Recommendation/s

That the Rodney Local Board:

a) approve the road names ‘Papa Orchard Drive, Nellie Drive, Jane Maree Road, Podgora Avenue, Dida Park Drive and Vinistra Road’ for the new roads in the Cabra Developments Limited subdivision at Station Road, Huapai pursuant to section 319(1)(j) of the Local Government Act 1974.

Comments

4. Cabra Developments Limited (the applicant), has obtained two qualifying development resource consents for the residential subdivision at Station Road, Huapai (the Huapai SHA) under the Housing Accords and Special Housing Areas Act 2013.

5. The first resource consent (SLC 63594) was granted for 118 residential lots, six super lots, a neighbourhood park and associated works in preparation for future residential development within the Huapai SHA on 13 November 2015. This was the concurrent application processing with a Plan Variation (PV) to rezone the site from Future Urban to Mixed Housing Suburban under the Proposed Auckland Unitary Plan.

6. Following the approval of the resource consent, a new qualifying development resource consent (SLC 67086) was submitted by the applicant to vary the road layout, stormwater attenuation and to the staging of the subdivision. The resource consent was granted on 29 June 2016.

Figure 1: Site Plan indicating the location of the new roads and the proposed names

7. The Auckland Council Road Naming Guidelines allows 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 street names for the local board’s approval. All names adhere to the general principles and objectives. The applicant has proposed the following preferred names. The first five preferred names have been put forward by the previous owners of this property (David and Nellie Papa), who occupied the land for 90 years prior to Cabra Developments Ltd purchasing it in 2015.

Papa Orchard Drive

Reason:

Papa Orchard is a name put forward in memory of the land’s use by the family. The Papa family grew orchard fruits on the land.

Nellie Drive

Reason:

Nellie is a name put forward as namesake of Nellie Papa.

Jane Maree Road

Reason:

Jane Maree is the name of David and Nellie’s daughter, who grew up on the land.

Podgora Ave

Reason:

Podgora is the name of the village in Croatia where both their fathers are from (many Croatians in Auckland have relatives from there, and there was a significant number of Croatians who immigrated to the local Kumeu and Riverhead district.

Dida Park Drive

Reason:

Dida Park is a name put forward as the Croatian word for Grandfather is “Dida”. This was what the children called Nellie’s father, who originally purchased the land 90 years ago. They also named the front porch of the station road house where they used to play “Dida’s Place”. Therefore their suggestion is to call the park “Dida’s Place Park”.

Vinistra Road

Reason:

Vinistra is a name put forward by the developer for the street the local Iwi was asked to name and also pays homage to the winemaking area.

8. The applicant also proposes seven alternate names for the new roads. The first alternate name is the name of the previous owner and the rest are to reflect the land use of the site, being the winemaking area.

Mary Papa Drive

Reason:

Mary Papa is the name of David’s mother who lives in Kumeu.

Grasevina

Malvasia

Barrique

Bacchus

Graft

Supple

Reason:

These alternative names put forward by the developer are a homage to the winemaking area.

9. Land Information New Zealand (LINZ) and New Zealand Post have been consulted by the council officers with regards to both the preferred and alternative options for the proposed street names, of which they confirm there are no similar street names within the Auckland Council boundary or an adjoining territorial authority’s boundary, and that these names are acceptable.

10. As the applicant’s preferred names meet the criteria, they are recommended for the local board’s approval.

Consideration

Local board views and implications

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

Māori impact statement

12. Cabra Developments Ltd has consulted with the relevant iwi groups on March 2016. No response was received and there are no objections or comments received against the proposed street names with the iwi groups.

Implementation

13. The Project, Practice and Resolutions 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

Jian Chen - Senior Subdivison Advisor

Authorisers

Ian Smallburn - General Manager Resource Consents

Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

Auckland Council's Quarterly Performance Report: Rodney Local Board for Quarter One, 1 July - 30 September 2016

File No.: CP2016/22278

Purpose

1. To provide the Rodney Local Board with an integrated quarterly performance report for quarter one 2016/2017, against the Local Board Agreement work programme.

Executive summary

2. This report is the first in a new format, to provide an integrated view of performance for the Rodney Local Board. It includes: financial performance, progress against local board key performance indicators, progress against each operating department work programme, key challenges the local board should be aware of and any risks associated with delayed delivery against the Rodney 2016/2017 Work Programme.

3. The Rodney Local Board has an approved 2016/2017 work programme for the following departments:

· Arts, Community and Events, approved on 13 June 2016

· Parks, Sport and Recreation, approved on 13 June 2016

· Community Leases, approved on 13 June 2016

· Libraries and Information, approved on 13 June 2016

· Community Facility Renewals, approved on 13 June 2016

· Infrastructure and Environmental Services, approved on 11 July 2016

· Local Economic Development, approved on 11 July 2016 and 8 August 2016

4. All operating departments with agreed work programmes have provided a quarterly update against their work programme delivery, with all items reported as ‘green’ status (on track) except for six items reported as ‘amber’ (warning).

5. The overall dashboard for the Rodney Local Board indicates performance in the Rodney Local Board area is tracking positively (Attachment A to this report).

6. Overall, the net cost of service is in line with budget; however capital investment is tracking ahead of budget. Most of the capital investment in the quarter has been in the local parks activity, $3.2m, with community services contributing $0.6m. Further detail is provided in Attachment C to this report.

7. The Key Performance Indicators (KPIs) for the Rodney Local Board show a trend of delivery that is mostly meeting the indicators, with 72 per cent of targets expected to be achieved or substantially achieved by the end of the year. The exceptions noted this quarter are the:

· Percentage of residents satisfied with the provisions of local parks and reserves

· Percentage of residents who visited a local park or reserve in the last 12 months

· Number of visits to library facilities per capita

· Percentage of funding/grant applicants satisfied with information, assistance and advice provided

· Percentage of Aucklanders that feel connected to their neighbourhood and local community.

Recommendation/s

That the Rodney Local Board:

a) receive the performance report for the financial quarter ending 30 September 2016.

Comments

Key Project updates from the 2016/2017 Work Programme

8. All operating departments with an approved 2016/2017 Work Programme have provided performance report updates via SharePoint for quarter one (Attachment B to this report). The following are progress updates against key projects identified in the local board plan:

· Staff are working with the Kumeū Arts Centre to develop the concept for the expansion of the arts centre based on the local board’s preferred option for the use of pre-fabricated building(s) and an enhanced exterior linking the new and the existing buildings.

· Sites are being identified for the addition of challenging play spaces for existing playgrounds. These will be discussed with the local board at a later date.

· Main contract works for the Warkworth Showgrounds Stage VI are now complete. Some additional minor works will continue until the end of the year.

· Community consultation on the Riverhead/Kumeū/Huapai/Waimauku Greenways plan is now complete; the final plan is expected to be presented to the local board for adoption in December.

Risks identified in the 2016/17 Work Programme

9. The following are risks that have been identified by departments for key projects identified in the local board plan:

Community Facilities – Warkworth Town Hall

10. The Warkworth Town Hall refurbishment is behind schedule due to issues in obtaining resource who want to work so far from the Auckland Central Business District. This has mainly impacted on the ability to complete storm water drainage works. Stage I is nearing completion, with finishes and painting being done and original features being re-installed. The hall will be open for the day during the Heritage Festival in October 2016. The grand re-opening is now not likely before February 2017.

Local Parks – Warkworth Showgrounds Lighting

11. Completion of the Warkworth Showgrounds lighting has been delayed by issues in securing an easement for Vector’s existing power cable which runs under a neighbouring property. This is needed before Vector will upgrade the transformer on site; until that transformer is upgraded, not all of the new LED lights can be turned on at any one time. Negotiations are underway on the compensation requested by the landowner.

Financial Performance

12. Capital investment in the quarter has been in the local parks activity, $3.2m, with community services contributing $0.6m. Subsidies and grants for capital expenditure (revenue) of $0.3m was received from the Warkworth Town Hall Restoration Trust.

13. The operating net cost of service is tracking well against budget. The first round of contestable grants has been completed, with approximately 35 percent of the available grant pool allocated

14. The financial summary for the local board is attached to this report (Attachment C).

Key Performance Indicators

15. The year-end outlook is for 72 per cent of Key Performance Indicators (KPI) targets to be achieved or substantially achieved.

16. Rodney is on track to achieve the target for percentage of visitors satisfied with the library environment, and our town centre safety measures. Peak and off-peak facility utilisation is expected to land slightly short of target, but ahead of last year's results.

17. The KPI measures detailed below are tracking behind target. Full KPI data for quarter one is detailed in Attachment D to this report.

Percentage of residents satisfied with the provision (quality, location and distribution) of local parks and reserves

18. Rodney is experiencing large growth in its townships, particularly Riverhead, Kumeū, Huapai and Warkworth. The development and delivery of new reserves does not always match the growth in housing and there could be a timing issue.

Percentage of residents who visited a local park or reserve in the last 12 months

19. A recent change to the survey question provided a way for participants to easily identify which parks belong to their specific local board area. This may help to explain the decline in performance, as many residents live near the fringes of their local board area and use parks in other areas. In 2016/2017, promoting our parks and facilities is one strategy being used to help increase the proportion of the population who visit local parks.

Number of visits to library facilities per capita

20. The targets for library visits are based on aspirational growth. However, visitor numbers have declined in the local board area and Auckland as a whole, as more people access library collections and services online.

Percentage of funding/grant applicants satisfied with information, assistance and advice provided

21. This year was the first year of implementing the new community funding policy, which also saw the establishment of a dedicated funding hub. Funding hub members also worked closely with subject matter experts to reach relevant communities. A series of community workshops is planned for 2016/2017 to build community groups’ capacity to submit quality applications and to provide further advice to applicants.

Percentage of Aucklanders that feel connected to their neighbourhood and local community

22. People may not be feeling connected for a variety of reasons, including being new to the area, being too busy or preferring not to be connected. To a lesser extent, there may also be lack of awareness about how to access activities that could contribute to feeling connected, and language and cultural barriers. A number of our activities such as arts programmes, community facility programmes and events seek to connect Aucklanders to their local communities. The empowered communities approach being implemented across these activities in 2016/2017 aims to increase this.

Consideration

Local board views and implications

23. This report informs the Rodney Local Board of the performance to date for the period ending 30 September 2016.

Māori impact statement

24. Maori, as stakeholders in the council are affected and have an interest in any report on the quarterly financial results. However, these results do not impact specific outcomes or activities. As such, the content of this report has no particular benefit to, or adverse effect on, Maori.

Implementation

25. The Senior Local Board Advisor, Rodney Local Board, will continue to facilitate and provide performance updates to the local board.

Attachments

No.	Title	Page
a ⇩	Rodney Dashboard	27
b ⇩	Quarterly Report	29
c ⇩	Rodney Financial Performance	53
d ⇩	Key Performance Indicator Report	59

Signatories

Authors	Jonathan Hope – Senior Local Board Advisor
Authorisers	Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

Appointment of local board members to external organisations for the 2016-2019 triennium

File No.: CP2016/22618

Purpose

1. To appoint local board members to external organisations relevant to the Rodney 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, where relevant, an alternate member to represent the local 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, that 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 Rodney Local Board:

a) appoint Louise Johnston to the Redvale Landfill Community Liaison Committee;

b) appoint Phelan Pirrie as a member and Cameron Brewer as an alternate member to the North West Business Improvement District;

c) nominate Tessa Berger, with Beth Houlbrooke as an alternate, to be the Rodney Local Board’s point of contact for the Puhoi Community Forum;

d) appoint Brenda Steele to the Kaipara Harbour Joint Political Committee;

e) appoint Brenda Steele to the Kaipara Moana Working Party;

f) appoint Brenda Steele and Phelan Pirrie to the Parakai Recreation Reserve Board with effect from 18 November 2016.

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 local board, rather than acting in a personal capacity. Local board member representatives will provide regular updates at local board business meetings to keep the local board informed of their activities unless good reasons exist for confidentiality.

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 local board member’s availability;

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

· whether the work of the organisation fits with the local board’s objectives and priorities

· the historical relationship between the organisation and the local board.

10. Members are delegated to participate in the external organisations in question in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed, unless the process for appointment of the organisation in question provides otherwise.

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

Relevant external organisations

12. The details of the organisations relevant to the Rodney Local Board are detailed below.

Redvale Landfill Community Liaison

13. The Redvale Community Liaison Committee was established in 1993 to provide a forum between the Redvale Energy Park operation and the community where it is based. The committee is independently chaired and is made up of elected members or members appointed by the community to represent particular interest groups including local residents, business owners, and staff from the local primary school, as well as Auckland Council technical officers and Waste Management staff. The previous local board representative was former local board member John McLean.

14. The committee meets five times a year to discuss matters raised by community members and issues relating to landfill operations. The next meeting will be held on 28 November 2016.

15. The local board is asked to appoint Louise Johnston to the Redvale Landfill Community Liaison Committee.

North West BID

Purpose

16. There are 46 Business Improvement District Partnership Programmes operating within the Auckland region. There is one Business Improvement District (BID) in the Rodney Local Board area.

17. The local board has a day-to-day relationship with the North West BID as a joint partner in the BID Partnership Programme. The local board will work with the BID 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.

18. The BID may invite the appointed member onto the BID Governance Board or Executive Committee. The discretion as to whether the local board member has voting rights will lie with the BID under the rules of their constitution. However if voting rights are exercised the local board member could have a conflict of interest in subsequent local board decisions on BID matters.

19. The previous local board representative on the business association was local board member Phelan Pirrie.

20. It is recommended that the local board appoint Phelan Pirrie, with Cameron Brewer as an alternate, to the BID to represent the local board regarding all matters relating to the BID.

Puhoi Community Forum

21. The Puhoi Community Forum (the Forum) was established in 2005 as an Incorporated Society to help integrate community endeavours by representing Puhoi in wider arenas, giving a collective voice to existing groups, integrating and initiating community endeavours, and instigating and supporting worthy plans.

22. The previous local board contacts for the Forum were local board member Beth Houlbrooke and former local board member Steven Garner.

23. The next meeting of the Forum will be held on Tuesday, 29 November 2016.

24. The local board is asked to appoint Tessa Berger, with Beth Houlbrooke as an alternate, to be the local board’s point of contact with the Puhoi Community Forum.

Kaipara Harbour Joint Political Committee

25. The management of the Kaipara Harbour under the Resource Management Act is presently divided between the Auckland Council (southern half) and Northland Regional Council (northern half) for coastal matters, with the Kaipara and Whangarei District Councils, and the Auckland Council responsible for land use.

26. In 2013 Auckland Council, the Northland councils and iwi groups (Te Uri o Hau and Ngāti Whātua o Kaipara) agreed Terms of Reference to establish the Kaipara Harbour Joint Political Committee. The committee works to promote integrated management of the Kaipara Harbour and its catchments by councils and iwi until a formal governance structure is determined (likely through a Treaty settlement). The committee also provides oversight and support for the activities of the Integrated Kaipara Harbour Management Group (IKHMG), including advocacy to secure resources for joint initiatives.

27. The committee consists of representatives of:

i) Ngati Whatua iwi groups

ii) Auckland Council (governing body)

iii) Rodney Local Board

iv) Kaipara District Council

v) Whangarei District Council

vi) Northland Regional Council

28. The committee meets quarterly. The next meeting of the committee has not been set. The governing body at its meeting on 1 November 2016 appointed Councillor Greg Sayers as the governing body representative on the committee.

29. The previous Rodney Local Board representative on the committee was local board member Brenda Steele.

30. The Rodney Local Board is asked to re-appoint Brenda Steele to the Kaipara Harbour Joint Political Committee.

Kaipara Moana Working Party

31. The Crown is in Treaty settlement negotiations with Ngāti Whātua iwi/hapū to settle outstanding historical Treaty claims over the Kaipara Harbour. Redress proposed by the Crown includes the establishment of a co-governance regime to involve councils and iwi.

32. In November 2015 the governing body agreed to establish a joint working party with the Northland Regional Council, the Kaipara District Council, and the Whangarei District Council to better coordinate engagement with the Crown and Ngāti Whātua during Treaty settlement negotiations. A memorandum of understanding between councils was signed in January 2016 confirming this agreement and setting out the shared aspirations of councils. Decision-making powers are retained by the respective councils.

33. The Kaipara Moana Working Party met three times in 2016, including with Ngāti Whātua. It is expected to meet next in December 2016.

34. The governing body at its meeting on 1 November 2016 appointed Councillors Greg Sayers and Linda Cooper as the governing body representatives on the working party and delegated authority to the Rodney Local Board to make one appointment.

35. The previous Rodney Local Board representative on the working party was local board member Brenda Steele.

36. The Rodney Local Board is asked to re-appoint Brenda Steele to the Kaipara Moana Working Party.

Parakai Recreation Reserve Board

37. The Parakai Recreation Reserve Board (the Board) was established as a co-governance entity under the Ngati Whatua o Kaipara Claims Settlement Act 2013 to administer and manage the Parakai Recreation Reserve. The Reserve includes the Parakai Springs, a geothermal pool complex and campground (managed by a private lessee).

38. The board consists of six members, half of whom are appointed by the Auckland Council. The maximum term of office of members is three years.

39. The key focus for the next term of the Reserve Board is developing a Reserve Management Plan (RMP) for the Reserve. The RMP will cover the entire area of the reserve including the campground and geothermal pool complex. The Reserve has high local significance, and the Reserve Board sees this area as having significant untapped potential for Parakai and the surrounding area.

40. The Parakai Recreation Reserve Board usually meet on a monthly basis. They are expected to meet next in December 2016.

41. The governing body at its meeting on 10 November 2016 appointed Councillor Sayers as the governing body representative on the Board and delegated authority to the Rodney Local Board to make two appointments.

42. The current Rodney Local Board representatives on the Board are local board members Phelan Pirrie and Brenda Steele. Their appointments expire on 18 November 2016.

43. The Rodney Local Board is asked to re-appoint Brenda Steele and Phelan Pirrie to the Parakai Recreation Reserve Board with effect from 18 November 2016.

Consideration

Local board views and implications

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

Māori impact statement

45. 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

46. There are no implementation issues as a result of this report.

Attachments

There are no attachments for this report.

Signatories

Authors	Rebecca Rowsell - Local Board Advisor
Authorisers	Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

Transfer of delegations from the 2013-2016 triennium and new delegations to minimise delays

File No.: CP2016/22462

Purpose

1. To transfer working delegations from the previous term to minimise delays on current projects and work programmes and facilitate landowner and landlord approvals for certain activities

Executive summary

2. Elected members frequently agree to delegate authority to approve minor variations or to finalise aspects of projects in order to minimise delays and streamline delivery of local initiatives.

3. The end of the 2013-2016 electoral term means that any delegations granted within that term come to an end. This report provides details of the working delegations from the 2013-2016 term relevant to the current local board and requests that the local board transfers those delegations to the 2016-2019 triennium.

Recommendation/s

That the Rodney Local Board:

a) delegate to the chairperson and deputy chairperson authority to approve the following matrix of previous delegations for the 2016-2019 triennium:

Relating to:	Previous Resolution:
Allocation of the budget for “local civic functions” as and when necessary for the remainder of the electoral term	RD/2014/205
To make decisions on the waiver or adjustment of fees charged to groups using council-managed community halls in Rodney	RD/2014/226
Approval of variance of costs for approved Local Board Capital Transport Fund projects, up to 20% of the original funding allocated to the project	RD/2014/225
i) all approvals related to memorial plaques, memorial furniture and memorial trees in parks. ii) all approvals for final designs of new parks assets where the capital project has been approved through the Rodney Local Board Parks Capital Works Programme and any subsequent minor changes required due to unforeseen circumstances. iv) all approvals for final designs for art works on and within parks assets. v) approval of feedback on the acquisition of land for parks/recreation purposes following discussion at a committee workshop.	RODPC/2015/7
Approval of feedback regarding minor property divestments including easements	RD/2015/124
Approval of the remaining feasibility study process and specific budget for the “expansion of the Kumeu Arts Centre” item in the Arts, Culture and Events work programme 2016/2017	RODPC/2016/40
Approval of any changes to the budget for specific projects within the “implement ecological survey work” item in the Infrastructure and Environmental Services work programme 2016/2017.	RD/2016/77
Approval of the final location, designs and specific siting of new play equipment related to the ‘community-led play development’ item in the Local Parks work programme 2016/2017	RODPC/2016/37
Approval of the final location, designs and specific siting of new play equipment related to the ‘challenging play space’ item in the Local Parks work programme 2016/2017	RODPC/2016/37

b) delegate to Member Pirrie, and/or other member(s), the authority to provide local board feedback on resource consent applications in the Rodney Local Board area.

c) delegate to two local board members the authority to provide feedback to Auckland Transport on changes or initiatives proposed in the Rodney Local Board area.

d) delegate to the chairperson and deputy chairperson all minor landowner approvals provided that any requests that the chairperson and deputy chairperson consider are more than minor shall be referred to the full local board for approval.

e) note that delegations will remain in effect until revoked or altered by the local board at any subsequent meeting, including as part of establishing any committee or alternative working structure.

Comments

4. During the 2013-2016 electoral term, the Rodney Local Board granted delegations to the chairperson and deputy chairperson on various matters throughout the term. In addition the local board set up two committees, one to deal with matters relating to parks, culture and community development, and the other transport, planning and infrastructure. Those committees made delegations to their own chairpersons and deputy chairpersons on various matters.

5. At the end of the triennium, all delegations ceased.

6. In order for current work programmes and project delivery to continue without delays caused by officers having to bring minor changes back to the local board for formal approval with a report to a business meeting, a delegation to the chairperson and deputy chairperson is recommended.

7. It is proposed to transfer relevant delegations that were in place at the end of the last triennium (which may have been to the local board chairperson and deputy chairperson, or the chairpersons and deputy chairpersons of the two committees) to the local board chairperson and deputy chairperson. Before requesting approval under this delegation officers are required to workshop the matter with the full local board if this condition was included in the delegation during the 2013-2016 term.

8. The local board may consider alternative arrangements and division of work at a future business meeting and it is anticipated that those will override these interim arrangements as part of establishing a formal structure for the remainder of the term.

9. Local board members may also wish to consider if they are interested in being the spokesperson for matters such as providing local board feedback on:

a) resource consent applications in the local board area, or

b) changes or initiatives proposed by Auckland Transport in the local area.

10. Ideally, members delegated to provide feedback on resource consent applications should have taken the Good Decision Making training relevant to this area. Currently, Member Pirrie is the only local board member that has had this training and it is therefore recommended that he is appointed to provide feedback on these matters.

11. At least two local board members, one from the north/east and one from the north/west, should be appointed to provide feedback on Auckland Transport related matters.

Consideration

Local board views and implications

12. This report seeks the local board’s decision on delegations to simplify the process of minor variations to adopted work programmes and associated work and to streamline land owner and landlord approvals for certain activities in the local board area.

Māori impact statement

13. This report has no specific impact on Māori. It covers delegations to local board members in order to minimise unnecessary delays in the delivery of local board business in certain circumstances which may affect local communities, including Māori communities.

Implementation

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

Attachments

There are no attachments for this report.

Signatories

Authors	Jonathan Hope - Local Board Advisor - Rodney
Authorisers	Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

Adoption of the Rodney Local Board Meeting Schedule for 2016-2017

File No.: CP2016/22365

Purpose

1. To seek the adoption of the Rodney Local Board meeting schedule for 2016/2017.

Executive Summary

2. A draft meeting schedule for 2016/2017 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.

Recommendation/s

That the Rodney Local Board:

a) adopt its meeting schedule for the period December 2016 – December 2017 as follows:

Date	Time	Venue
Thursday, 15 December 2016	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 16 February 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 16 March 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 20 April 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 18 May 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 15 June 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 20 July 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 17 August 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 21 September 2017	1.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 19 October 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Thursday, 16 November 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa
Monday, 14 December 2017	2.00pm	Council Chamber Orewa Service Centre 50 Centreway Road, Orewa

b) 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.

Discussion

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 finalised and are therefore not included in the schedule above.

Consideration

Local Board Views

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 Issues

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.

Attachments

There are no attachments for this report.

Signatories

Authors	Raewyn Morrison - Local Board Democracy Advisor
Authorisers	Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

Urgent decision-making process

File No.: CP2016/22398

Purpose

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

Executive summary

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

3. The Christmas and New Year period is an example of when the urgent decision-making process would be used.

Recommendation/s

That the Rodney Local Board:

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

b) delegate authority to the chairperson and deputy chairperson, to make urgent decisions on behalf of the local board.

c) agree that the relationship manager, chairperson and deputy chairperson 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 chairperson and deputy chairperson to make urgent decisions on behalf of the local board when it is not practical to call the full local 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 with tight timeframes.

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 chairperson and deputy chairperson (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 chairperson and deputy chairperson 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 relationship manager and local board members will execute the urgent decision-making process when the need arises.

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

Attachments

There are no attachments for this report.

Signatories

Authors

Felicity Prance - Policy Advisor

Authorisers

Karen Lyons - General Manager Local Board Services

Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

Special Exemption (Section 6) Fencing of Swimming Pools Act 1987

File No.: CP2016/22743

Purpose

1. To seek a decision on the applications for special exemption from some of the requirements of the Fencing of Swimming Pools Act 1987 (the Act) by the Rodney Local Board.

Executive Summary

2. Applications for an exemption for swimming or spa pools have been received from the owners of:

· 196 Lonely Track Road, Albany

· 564 Coatesville-Riverhead Highway, RD 3, Albany

· 1083 Kahikatea Flat Road, Waitoki

· 281 Takatu Road, Matakana

3. The applications do not comply with the Act. Pool inspectors have inspected the properties and consulted with the applicants. Full assessment reports are attached to this report.

4. The local board must now resolve to grant, grant subject to conditions or decline the exemptions sought.

Recommendation/s

That the Rodney Local Board :

a) grant the application for special exemption as sought for 196 Lonely Track Road, Albany, with the following conditions:

i. that the locks on the doors at 1.5m are maintained in good condition at all times

ii. that warning stickers are placed on the two doors

b) grant the application for special exemption as sought for 564 Coatesville-Riverhead Highway, RD 3, Albany, with the following conditions:

i. that NZS 8500-2006 clause a-k is met at all times

ii. that the spa remain in the current location

c) grant the application for special exemption as sought for 1083 Kahikatea Flat Road, Waitoki with the following conditions:

i. that NZS 8500-2006 clause a-k is met at all times

ii. that the spa remain in the current location

d) grant the application for special exemption as sought for 281 Takatu Road, Matakana with the following conditions:

i. that the self-closing and self-latching device is maintained in good working condition at all times.

Comments

Background

5. Auckland Council pool inspectors have inspected each property for which an application for special exemption from the Act has been received. In each case, the swimming pool fencing does not comply with the Act. The details of the non-compliance are specified in the attachments to this report.

6. The council’s pool inspectors have consulted with the applicants in each case. The applicants have been made aware of the council’s requirements to ensure fencing is compliant with the Act and they have chosen to seek a special exemption from those requirements.

Legislative implications

7. Compliance with the Act is a mandatory requirement for all pool owners unless exemptions are granted by the local board.

8. The Act requires pool owners to fence their pool, or all or some of the immediate pool area including the pool itself. Specific detail on this is contained in the schedule to the Act. If a pool does not have a complying fence it is an offence under the Act, unless exempt.

9. An exemption can only be granted by the local board after a consideration of the particular characteristics of the property and the pool, other relevant circumstances and taking into account any conditions it may impose. Then, only if “satisfied that an exemption would not significantly increase the danger to young children”, can an exemption be granted.

10. The definition of the immediate pool area, which is “the land in or on which the pool is situated and as much of the surrounding area that is used for activities or purposes related to the use of the pool”, is a key consideration for granting an exemption.

11. Where a building forms part of the pool fence and there are doors opening into the pool area, the local board may grant an exemption from compliance with clauses 8 and 10 of the schedule to the Act. It may exempt if it is satisfied that compliance with the Act is impossible, unreasonable or in breach of any other Act, regulation or bylaw and the door is fitted with a locking device that when properly operated prevents the door from being readily opened by children under the age of six years.

12. When granting a special exemption the local board may impose reasonable conditions relating to the property or the pool or reflecting other relevant circumstances. These may include:

a) Making the exemption personal to the applicant so that on a sale of the property a new owner will need to apply for a new exemption

b) Granting the exemption for a fixed term irrespective of changes of ownership

13. Any exemption granted or condition imposed may be amended or revoked by the local board by resolution. The rules of natural justice would however dictate that this action should not be taken without informing the pool owner and giving them the opportunity to be heard.

Consideration

Local board views and implications

14. Local boards have delegated authority to approve exemptions to the Fencing of Swimming Pools Act.

Before making an exemption, the local board must consider:

· the particular characteristics of the property and the pool

· any other relevant circumstances

· conditions it may be necessary to impose.

15. The local board must also be satisfied that the exemption would not significantly increase the danger to young children.

16. The local board may resolve to grant, grant subject to conditions, or decline the application for special exemption.

17. If the application is declined the applicant will be required to fence the pool in accordance with the Act.

Maori impact statement

18. There are no particular impacts on Maori that are different from those of other pool owners.

Implementation

19. The decision must be made by resolution.

Attachments

No.	Title	Page
a ⇩	196 Lonely Track Road, Albany (Under Separate Cover) - Confidential
b ⇩	564 Coatesville-Riverhead Highway, RD 3, Albany (Under Separate Cover) - Confidential
c	1083 Kahikatea Flat Road, Waitoki (Under Separate Cover) - Confidential
d ⇩	281 Takatu Road, Matakana (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Sally Grey - Manager Weather Tightness & Compliance

Lesley Jenkins - Relationship Manager

Rodney Local Board

17 November 2016

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Rodney Local Board:

a) exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

20 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachments a - D

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(a) - The withholding of the information is necessary to protect the privacy of natural persons, including that of a deceased person.

In particular, the report contains personal details of the applicant.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

C1 Acquisition of open space land - Wellsford

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report identifies land the council seeks to acquire for open space purposes

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report identifies land the council seeks to acquire for open space purposes

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

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