Agenda of Auckland Domain Committee

TERMS OF REFERENCE

Background

The Auckland Domain is an important regional park and also has areas within it managed by the Waitemata Local Board. This committee is set up jointly by the Governing Body and Waitemata Local Board to co-ordinate decisions relating to the Domain.

Responsibilities

Decision-making responsibility for parks, recreation and community services and activities in Auckland Domain including those anticipated in the Auckland Domain Act 1987, which are the responsibility of the Governing Body or the Waitemata Local Board.

Powers

All powers of the Governing Body and Waitemata Local Board necessary to perform the committee’s responsibilities including those powers conferred on Auckland Council pursuant to the Auckland Domain Act 1987.

Except:

(a) powers that the Governing Body cannot delegate or has retained to itself (section 2)

(b) where a matter is the responsibility of another committee or local board

(d) the approval of expenditure of more than $2 million

(e) the approval of final policy

(f) deciding significant matters for which there is high public interest and which are controversial

Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Other staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Council Controlled Organisations

· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

1 Apologies

An apology from Cr L Cooper has been received.

2 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.

3 Confirmation of Minutes

There are no minutes for confirmation.

4 Petitions

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

5 Public Input

Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Democracy Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

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

6 Local Board Input

Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

7 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.”

8 Notices of Motion

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

Auckland Domain Committee

14 December 2016

Auckland Domain master plan - finalisation of the history section

File No.: CP2016/24676

Purpose

1. To present the revised history section of the Auckland Domain Master Plan for adoption.

Executive summary

2. The report presents the revised history section of the Auckland Domain Master Plan. This will complete the master plan process.

3. The Auckland Domain Committee adopted the master plan subject to the history section being approved in July 2016.

4. Iwi were invited to provide feedback on the draft history and a range of feedback was received.

5. The history section has been redrafted and is presented for adoption by the committee.

Recommendation/s

That the Auckland Domain Committee:

a) approve the revised history section of the Auckland Domain Master Plan.

Comments

6. In February 2013, the Parks, Recreation and Heritage Forum approved the development of a master plan for Auckland Domain. In early 2015, the Auckland Domain Committee was established with the authority for the oversight, development and use of the Auckland Domain including the drafting of an Auckland Domain Master Plan.

7. The Auckland Domain Master Plan is an organising framework that identifies and consolidates a range of projects and work streams and establishes a co-ordinated plan to ensure the Auckland Domain is one of Auckland’s premier parks in the city and region. The master plan is a twenty year aspiration for how the park can develop.

8. The July 2016 meeting of the Auckland Domain Committee resolved to adopt the Auckland Domain Master Plan subject to the final approval of the history section. Resolution reference (ADC/2016/21).

c) delegate the Chair, Deputy Chair, Cr Lee and an IMSB member final approval of the history section.

Redrafting of the history section

9. Following the meeting staff have been working with mana whenua to complete the history section of the master plan. Iwi were provided with a draft prepared by staff describing the pre-European history of the Domain and invited to provide feedback on the draft.

10. Feedback has been provided on the draft history through edits of the draft and the provision of new material from the following iwi:

· Ngati Whatua o Orakei

· Ngati Maru

· Te Akitai Waiohua

· Ngai Tai Ki Tamaki

· Ngaati Te Ata Waiohua.

11. There were some areas of commonality and some areas differed and the amount of information provided by each iwi varied greatly. The history of human occupation of the site is contentious and there are different perspectives across iwi. Staff have tried to represent all of these perspectives.

12. The material provided has been collated and edited by the Manager Treaty Settlements. Staff believe it is an appropriate response to the feedback received.

13. The revised history section has been circulated to iwi for their information.

14. In addition the history section has also been revised to include more pre-European history. This material has been sourced from the Auckland Domain Management Plan 1993, Auckland Museum and www.NZHistory.net.nz.

15. The revised history section is provided in Attachment A to this report.

16. Due to the time taken to receive iwi feedback and prepare a revised history section, staff are presenting to the new Auckland Domain Committee rather than relying on the delegation of the Auckland Domain Committee from the previous political term.

Next steps

17. Following a decision on the history section staff will publish the master plan on the Auckland Council website and people who submitted on the master plan will be advised that the master plan is completed and available online. A press release will be issued advising that the plan has been adopted and is available online.

Consideration

Local board views and implications

18. The Auckland Domain Committee has two representatives of the Waitemata Local Board and these representatives will provide local board views to the Auckland Domain Committee.

Māori impact statement

19. Auckland Domain is considered of great importance to many iwi in the region and beyond. It is a historic site of conflict and peace. Both the memorial on Pukekaroa and the displays and interpretation managed by the Auckland War Memorial Museum pay tribute to significant events and the importance of the site to iwi.

20. Four hui were held with mana whenua prior to the completion of the draft master plan. A final hui was held on 16 June to present the feedback on the master plan. Mana whenua have provided material to be included in the revised history section of the master plan and have received the completed revised history.

Attachments

No.	Title	Page
a ⇩	Auckland Domain History	11

Signatories

Author

Shyrel Burt - Principal Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community & Social Policy

Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Auckland Domain Committee

14 December 2016

Auckland Domain - plans and policies

File No.: CP2016/24806

Purpose

1. To provide an overview of the Auckland Domain Act 1987 and other plans and policies of relevance to the governance and management of Auckland Domain.

Executive Summary

2. While there are numerous acts, plans and policies that will have some bearing on the management of Auckland Domain there are several plans that have been developed specifically for Auckland Domain that the Auckland Domain Committee will need to reference in their governance role. They include:

a) Auckland Domain Act 1987

b) Auckland War Memorial Museum Act 1996

c) The Auckland Domain [Management] Plan, 1993

d) The Auckland Domain Fernery Conservation Plan, August 1993

e) Winter Gardens Conservation Plan, June 2001

f) Auckland Cenotaph and Court of Honour Conservation Plan, 2004

g) Auckland Domain Option Development and Management Plan, July 2007

h) The Auckland Domain Tree Plan, 2016

i) Auckland Domain Event Operational Guidelines, 2016

j) Auckland Domain Master Plan, 2016

3. The Resource Management Act 1991 plays a significant role in the governance and management of Auckland Domain. The Auckland Council District Plan Operative Auckland City – Isthmus Section 1999, the Auckland Unitary Plan Operative in part and the Proposed Auckland Unitary Plan each provide numerous rules and layers of protection across the Domain.

4. Finally, the Auckland Domain Committee adopted delegations in 2016. These are an essential reference in day to day decision making.

Recommendation

That the Auckland Domain Committee:

a) receive the report.

Comments

5. The Domain is a regionally significant multi-functional park, with multiple ecological, cultural, landscape, community and recreation values and functions. There are many and varied built and natural features that characterise the Domain and these are reflected in the multiple layers of legislation and planning constraints.

6. The Domain is of such significance that it carries its own legislation namely the Auckland Domain Act 1987. This Act is quite short and somewhat dated in its language but the intent is very clear. Attachment one provides a full copy of the Act.

7. Another Act specific to the Domain is the Auckland War Memorial Museum Act 1996 however the Auckland War Memorial Museum is under separate governance and therefore the committee should simply be aware of, rather than have direct responsibility for, the application of this Act.

8. The Resource Management Act 1991 plays a big role in the day to day protection of the values of the Domain with numerous rules and policies included in the:

· Auckland Council District Plan Operative Auckland City – Isthmus Section 1999

· Auckland Unitary Plan Operative in part, 2016

· Proposed Auckland Unitary Plan

9. The Auckland Domain is a scheduled archaeological and geological feature in these regulatory plans. It contains a number of protected trees, scheduled buildings, objects and places.

10. The Auckland Domain Plan, 1993, is not a statutory management plan under the Reserves Act (the Reserves Act does not apply to the Domain) but is none-the-less adopted Council policy and provides guidance for all aspects of parks management. It includes the objective; “The Auckland Domain will be managed and conserved to maintain and enhance its cultural, historic, natural and volcanic landscape values and to continue to provide for appropriate recreation as a premier park in Auckland city and the wider region, for the enjoyment of all people.” A full copy of the plan is provided as Attachment two.

11. The three conservation plans are working documents that prescribe restoration and maintenance programmes to preserve these facilities as close as possible to original state. They also include guidance as the appropriate activities or restrictions on use in order to prevent damage or intrusion on these heritage structures.

12. Auckland Domain Option Development and Management Plan, July 2007, is a report by Flow Transportation Specialists that gives a management plan for traffic within the Domain. It highlights the need to update the Auckland Domain Management Plan and gives a list of actions required to reduce the amount of vehicular traffic and related safety hazards within the Domain.

13. The Auckland Domain Tree Plan, 2016, was developed following the failure of several significant oak trees over the last few years. This plan provides an overview of the tree asset and provides an action plan for the future management of the arboretum. This plan includes actions that require further investment. It is therefore complementary to the Master Plan and will be contemplated in the 10-year master plan implementation programme. A number of trees in the Domain are scheduled and all trees are protected. Due to the Domain being scheduled as an archeological and geological site the trees also take on that heritage protection. Resource consent is required for significant pruning work, all tree removals and all planting. This plan will help inform future resource consents.

14. The Auckland Domain Event Operational Guidelines, 2016, were developed following increasing pressure on the Domain to host events. It seeks to clarify and simply a level of confusion and conflicting interpretation of the various plans and rules that can affect decision making about events. It also acknowledges areas that provide opportunity for more event activity and those where a greater level of restriction needs to apply.

15. Auckland Domain Master Plan, 2016 was developed in the six years since the creation of Auckland Council. It was in response to a very large number of departments and organisations all having a role to play in Auckland Domain but they were all doing so without a contemporary “game plan” to guide their various projects. There was also an apparent lack of investment over the last decade and there was no plan for improving the Domain in response to significant growth in the central Auckland area. The Plan was adopted in July 2016 but this was subject to the completion of the history section. Once this history section has been approved the plan will be published and made available to the committee and all Aucklanders.

16. The Auckland Domain Committee delegations, adopted in 2016, are attached.

Consideration

Local Board views and implications

17. This is an information report for the benefit of the Auckland Domain Committee including those members from the Waitematā Local Board.

Māori impact statement

18. The Local Government Act and the Resource Management Act 1991 both require Auckland Council to give effect to the Treaty of Waitangi and generally place significant weight on the role of mana whenua in the management of natural resources including public parkland. Mana whenua are actively engaged in all aspects of development of Auckland Domain. There is an opportunity for the committee to develop a closer working relationship with mana whenua who have an interest in Auckland Domain.

Implementation

19. The plans and policies listed above guide to the day to day management of Auckland Domain. Given the significant number of plans they are not all attached to this report but can be provided on request.

Attachments

No.	Title	Page
a ⇩	Auckland Domain Act 1987	19
b ⇩	Auckland Domain Plan 1993	33
c ⇩	Delegations	85

Signatories

Author	Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua
Authoriser	Mace Ward - General Manager Parks, Sports and Recreation

Auckland Domain Committee

14 December 2016

Auckland Domain Committee

14 December 2016

WWI Centenary Memorial

File No.: CP2016/24786

Purpose

1. To seek direction on the design of the connection between the WWI Centenary Memorial and the Auckland War Memorial Museum.

Executive summary

2. In May 2015, as part of the Long Term Plan (2015-2025), Auckland Council agreed to contribute $1 million toward a WWI Centenary Memorial to be developed at Auckland Domain. At the end of 2015, five designers were asked to submit proposals for a WWI Centenary Memorial in accordance with a carefully developed design brief. These designs were made available for public viewing and comment early in January.

3. On 18 February 2016, the Governing Body endorsed the design “Te Takuahi – The Hearth”. The Governing Body also asked the WWI Centenary Memorial Working Party to refine the design and to explore the option of a “suitable and subtle way of connecting the feature, adjacent to Domain Drive, with the Auckland War Memorial Museum”.

4. The WWI Centenary Memorial project, based on Council’s formal design brief, was initially estimated to cost $3 million. The current projected cost, not including the connection with the Auckland War Memorial Museum, is $2.575 million. Based on the initial project estimates this leaves $425,000 for the connection without exceeding the initial estimated cost.

5. Any costs, over and above Council’s $1 million contribution, are to be sourced from non-rate funding sources including the New Zealand Lottery Grant Board (NZ Lotteries) and a public subscription.

6. In July 2016, NZ Lotteries granted $655,000 toward the project. There is currently a budget of $1,655,000 (when NZ Lotteries funding is combined with Council budget). This leaves a budget shortfall of $920,000 to complete “Te Takuahi – The Hearth” not including the connection. It is a requirement of NZ Lotteries that the project is either fully funded or re-scoped (while still meeting the outcomes of the initial proposal) before the $655,000 can be uplifted.

7. On 29 September 2016 the Governing Body resolved to “approve a capital funding campaign for the World War One Centenary Memorial, based on the design for “Te Takuahi – The Hearth”, and in accordance with the design brief, include a suitable and subtle way of connecting the feature with the Auckland War Memorial Museum and Court of Honour.” Input from the Urban Design Panel was also requested. Finally, the Chief Executive was delegated authority to explore and enable all suitable mechanisms for funding the completion of the World War One Centenary Memorial project.

8. In order for the project to be developed in time for the anniversary of the end of WWI, the funds need to be sourced before June 2017. The capital funding campaign cannot progress until the design is further developed to a point where a resource consent is received. A clear design proposition is essential for community support and many of the funding avenues require a resource consent prior to considering granting funds.

9. Options for a connection between the memorial and the Auckland War Memorial Museum have been developed by the design team and presented to the Chair of the Auckland Domain Committee on two separate occasions. Current designs for a connecting path are not supported and an alternative option has been requested.

10. A site visit with most members of the Auckland Domain Committee occurred on 1 December 2016 where the memorial design and options for a connection were discussed. As many members of the committee are new to this project a further workshop and a decision meeting was requested.

11. A clear design brief for a connecting path, which is agreed by all members of the committee, is needed to guide the design team. A workshop is to be held immediately prior to this agenda item being considered. Ideas for a design brief, for the connecting path, will be circulated to members to help inform the discussion at this workshop.

12. Delegation to the Manager Auckland Domain and the Chair of the Auckland Domain Committee, to develop the design of the connection and any consequential changes to the memorial design is also sought. This is necessary to achieve the tight timeframes.

13. As directed by the Governing Body the Working Party, and in particular the Councillor Lee, now Chair of the Auckland Domain Committee, has kept the Mayor, stakeholders, iwi, Heritage NZ, Auckland War Memorial Museum, the WWI Commemoration Political Steering Group and the Waitematā Local Board informed of progress.

Recommendation

That the Auckland Domain Committee:

a) provide a clear design brief for a connecting path between the WWI Centenary Memorial and the Auckland War Memorial Museum.

b) delegate to the Chair of the Auckland Domain Committee and the Manager Auckland Domain to agree the design of the connection, in accordance with the design brief, and any consequential changes to the memorial design.

Comments

Background

14. At its 24 September 2014 meeting, the Governing Body resolved to (GB/2014/107):

b) endorse the First World War Political Steering Group’s recommendation to appoint a working party of the political steering group to scope the feasibility of a First World War Centenary Memorial.

The working party was made up of Councillor Mike Lee (Chair), Councillor Chris Fletcher, Sandra Coney, Chair Waitakere Local Board, Colin Davis, Member Orakei Local Board and Greg Moyle, Member Waitematā Local Board.

15. As part of the development of the long term plan, Auckland Council agreed to contribute $1 million toward a WWI Centenary Memorial to be developed at Auckland Domain.

16. On 20 July 2015 a design brief for the WWI Centenary Memorial project was agreed by the working party and endorsed by the WWI Commemoration Political Steering Group. The design brief is attached (appendix one).

17. In late 2015, Auckland Council called for expressions of interest to design the memorial. Five design teams were shortlisted. Concept proposals were submitted in December 2015. All five concepts were displayed at the Auckland War Memorial Museum; in the media; and, on Auckland Council’s website. Public comment was invited.

18. The design: “Te Takuahi – The Hearth”, by Wraight Athfield, was endorsed by the working party on 5February 2016 and by the steering group on 17 February 2016.

19. On 18 February 2016, the Governing Body resolved to (GB/2016/13):

b) endorse the recommendation of the WWI Centenary Memorial Working Party to select the concept design Te Takuahi – The Hearth, for development at Auckland Domain, subject to the remaining funds being sought from NZ Lotteries or other non-rate funding sources.

c) ask that the WWI Centenary Memorial Working Party work with the consortium, Wraight Athfield Landscape + Architecture, in association with Ross Hemera, AECOM, Dunning Thornton and eCubed Building Workshop, to continue to refine the design in accordance with the brief. This refinement shall include the option of exploring a suitable and subtle way of connecting the feature, adjacent to Domain Drive, with the Auckland War Memorial Museum, while being careful to protect and retain the open grass area in front of the cenotaph.

d) note that the WWI Centenary Memorial Working Party will continue to work with engaged stakeholders, iwi, Heritage NZ, Auckland War Memorial Museum as well as keep the WWI Commemoration Political Steering Group, the Auckland Domain Committee and public informed of progress and the final developed concept.

20. Between February and August 2016 the working party met on five occasions.

21. At the Governing Body meeting held, on 29 September 2016, it was resolved that (resolution number GB/2016/223) the Governing Body:

a) note that:

i. the World War One Centenary Memorial Working Party was established by the Governing Body in October 2014 to identify a suitable World War One centenary memorial for all Aucklanders, to be completed by November 2018

ii. the World War One Centenary Memorial project was estimated to cost up to $3 million

iii. as part of the development of the Long-term Plan, council agreed to contribute $1 million towards a World War One Centenary Memorial to be developed at Auckland Domain

iv. after inviting five designers to submit concept designs, “Te Takuahi – The Hearth” was approved by the Governing Body in February 2016

v. in July 2016, NZ Lotteries granted $655,000 to the World War One Centenary Memorial project.

b) approve a capital funding campaign for the World War One Centenary Memorial, based on the design for “Te Takuahi – The Hearth”, and in accordance with the design brief, include a suitable and subtle way of connecting the feature with the Auckland War Memorial Museum and Court of Honour.

c) delegate to the Chief Executive authority to explore and enable all suitable mechanisms for funding the completion of the World War One Centenary Memorial project and in consultation with the Urban Design Panel.

Project Funding

22. “Te Takuahi – The Hearth”, as currently drafted, is expected to cost $2.575 million, an amount verified by independent quantity surveyors.

23. Auckland Council’s budget of $1 million is spread over three years. In the current financial year, $230,000 operational budget is available and a further $600,000 capital budget is available in 2017/18. The allocation was made on the basis that a further $2 million of capital funding would come from fundraising, including NZ Lotteries and other non-rate sources.

24. Auckland Council applied for just under $2 million from the NZ Lotteries in February 2016. In June 2016 NZ Lotteries granted $655,000 toward the project. The amount of this grant is significant relative to other WWI commemorations in New Zealand that are funded by NZ Lotteries.

25. A summary of the project funding situation is:

Income

New Zealand Lottery Grant Board	$655,000
Auckland Council LTP Funding	$1,000,000
Total	$1,655,000

Expenses

Design and Build	$2,135,066*
Other expenses	$444,000**
Total	$2,575,066

*Amounts provided by Wraight Athfield for design and build and verified by independent quantity surveyor.

**This amount includes spend to date on project management; engineering, archaeological, resource planning, ecological, quality assurance and other specialist services as well as communications and engagement.

26. The funding required to complete the design, as currently drafted, is $920,066. This has been rounded to $920,000 to simplify reporting and the funding target.

27. Additional budget will be needed to enable the development of a connection between the memorial and Auckland War Memorial Museum.

28. With support from the Strategic Partnerships team at Auckland Council, investigation into the feasibility of a capital fundraising campaign for this project is progressing.

29. Initial work indicates the following potential funding sources are the most viable:

· capital campaign - which would involve attracting a small number of grant agency or philanthropic partners

· public subscription – this will provide an important opportunity for personal connection and community involvement in the project

· generating alternative revenue from Auckland Domain – several new income sources can be obtained with more active management of existing facilities without compromising the values or current use of Auckland Domain

30. Public donations, philanthropic donors and many grant agencies will only give money to a charitable trust i.e. they will not give money to Auckland Council. A charitable trust structure will therefore need to be used. This provides donors with reassurance that the funds are protected for the intended purpose. An existing trust or a new trust entity could be used. As noted above delegation has been granted to the Chief Executive to explore and enable all suitable mechanisms for funding the completion of the World War One Centenary Memorial project.

Refinement of the design

31. Wraight Athfield has prepared some design options to create a connection with “Te Takuahi – The Hearth”. These have been reviewed by Councillor Lee on two occasions but the current design thinking is not supported and an alternative option has been requested. Specifically a path/link, which is developed on the axial link between the Auckland War Memorial Museum and the memorial and directly from the north of the memorial to the track leading the Parnell Rail Station is sought.

32. A site visit with most members of the Auckland Domain Committee occurred on 1 December 2016. A workshop and meeting of the Auckland Domain Committee, prior to Christmas, was requested in order to progress the design.

33. A clear design brief for a connecting path, which is agreed by all members of the committee, is needed. This would augment the current design brief and speak specifically to the connection. A workshop is to be held immediately prior to this agenda item being considered. Ideas for a design brief, for the connecting path, will be circulated to members to help inform the discussion at this workshop.

34. Given the tight timeframes and the pending Christmas break the Auckland Domain Committee will not be able to oversee the next phase of the design. It is therefore requested that, with the support of a detailed design brief endorsed by the committee, delegation be granted to the Chair of the Auckland Domain Committee and the Manager Auckland Domain to sign off the design for the connection and any consequential changes to the memorial design.

35. Following the elections the working party and steering group have not been reconstituted. The Auckland Domain Committee have delegation and accountability to decide on developments at the Auckland Domain where these are supported by approved budgets.

Consideration

Local board views and implications

36. The previous steering group has been at the heart of this project. Membership of the steering group included local board members and through this local boards provided input and kept up to date on WWI activities and projects.

37. The WWI Centenary Memorial is included in the recently adopted Auckland Domain Master Plan, which was the subject of public input. The master plan was reviewed by the Waitematā Local Board and three members of the Auckland Domain Committee, who presided over the master plan, are members of the Waitematā Local Board.

Māori impact statement

38. Mana whenua have been engaged during the development of this project. An initial email seeking interest in the project was sent out to all iwi on 16 July 2015. A copy of the high level design brief was included. The following iwi expressed an interest in the project:

· Ngāti Whātua Ōrākei

· Ngāti Maru

· Ngai Tai Ki Tāmaki

· Te Akitai

· Ngāti Te Ata Waiohua

· Ngāti Tamatera confirmed they would be represented by Ngāti Maru

· Ngāti Whātua o Kaipara deferred to Ngāti Whātua Ōrākei.

39. A site meeting to discuss the project was held on 11 August 2015 (and coincided with a site visit to discuss the Auckland Domain Masterplan). A subsequent hui was held on 27 October 2015.

40. Mana whenua were given an update on the progress of the project at a Hui on 20 October 2016.

41. Mana whenua will be engaged prior to resource consent and a commitment has been made to commission cultural impact assessments that address all future projects identified in the Auckland Domain Master Plan.

Implementation

42. It is the intent to deliver the WWI Centenary Memorial to coincide with the centenary of the end of WWI being November 2018. If the recommendation to proceed with the agreed concept is supported the high level timeframe that was reported to the Governing Body on 29 September 2016, remains relevant. This is below. It is noted that we are behind schedule on the first point part of the timeline and the implications of this are noted throughout the report.

Fully scope and design a capital fund raising campaign	August – November 2016
Obtain resource consent for current design (essential for some donors)	January – March 2016
Complete design and obtain consent for completed design	February – March 2016
Capital campaign	January 2017 – June 2017
Detailed Design, Consenting and Tendering	April 2017 – January 2018
Construct on site (summer only)	January – May 2018
Opening	Mid-late 2018 (date to be confirmed)

Attachments

No.	Title	Page
a ⇩	Design brief	95

Signatories

Author	Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua
Authoriser	Mace Ward - General Manager Parks, Sports and Recreation

Auckland Domain Committee

14 December 2016

Temporary alcohol ban for the Auckland Lantern Festival 2017

File No.: CP2016/24761

Purpose

1. To seek a decision about adopting a temporary alcohol ban on the Auckland Domain for the Lantern Festival scheduled for 9 to 12 February 2017.

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 (the 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 the Auckland Domain (the domain) in the past.

3. On 7 December 2016, the police requested that the Auckland Domain Committee (the committee) adopt a temporary alcohol ban on the domain for the Lantern Festival. The request is for the morning of the event on 9 February to the morning after the event on 13 February 2017. This is to enable police to deal with intoxicated people and reduce crime or disorder associated with alcohol consumption before, during and after the event.

4. The committee has the delegated authority to make temporary alcohol bans under the Auckland Council Alcohol Control Bylaw 2014 (the bylaw) for the domain.

5. In determining whether to adopt the temporary alcohol ban, the committee must be satisfied of certain statutory requirements, including that:

· there is evidence of a high level of crime or disorder caused or contributed to by alcohol consumption in the area

· the ban is proportionate in light of the evidence provided

· The ban can be justified as a reasonable limitation on people's rights and freedoms.

6. Staff recommend that the committee adopt a temporary alcohol ban. Staff consider that the above statutory requirements have been met.

Recommendation/s

That the Auckland Domain Committee:

EITHER

a) adopt a temporary alcohol ban on the Auckland Domain as shown in Attachment A, for the Lantern Festival from 6am Thursday 9 February 2017 until 6am Monday 13 February 2017.

b) decline to adopt a temporary alcohol ban on the Auckland Domain for the Lantern Festival in February 2017.

Comments

7. Temporary alcohol bans prohibit the consumption or possession of alcohol in specified areas for specified times.

8. Temporary alcohol bans are enforced by the New Zealand Police (the police). Under section 169 and 170 of the Local Government Act 2002 (the Act), the police have the powers of search, seizure and arrest for the specified times and places that a ban applies.

9. The police consider that temporary alcohol bans significantly assist in reducing alcohol-related harm and offending in public areas.

10. Currently, a night time alcohol ban operates on the Auckland Domain (the domain) from 10pm to 7am during daylight savings and 7pm to 7am outside daylight savings.

Request for temporary alcohol ban

11. On 7 December 2016 the police requested a temporary alcohol ban on the domain for the Lantern Festival scheduled for 9 February to 12 February 2017 (Attachment B) that:

· operates from 6am Thursday 9 February 2017 until 6am Monday 13 February 2017

· covers the domain. A map of the domain is shown in Attachment A.

12. The request includes times outside of the current permanent alcohol ban. The requested times will enable police to deal with intoxicated people and reduce crime or disorder associated with alcohol consumption before, during and after the event.

13. It is noted that the Night Noodle Market is occurring at the Kari Street Commons area of the domain as part of the Lantern festival over the same dates. This part of the event will include the sale of alcohol. A special licence for the sale of alcohol at the Night Noddle Markets, which will be fully fenced except for entry and exit points, will be needed. The proposed alcohol ban will not apply to the purchase and consumption of alcohol inside the fenced and licensed area.

Adopting temporary alcohol bans

14. The Auckland Domain Committee (the committee) has all powers of the governing body and Waitematā Local Board in relation to the domain (GB/2016/237). This includes the power to make temporary alcohol bans under the Auckland Council Alcohol Control Bylaw 2014 (the bylaw) (GB/2014/121).

15. In determining whether to make a temporary alcohol ban, the committee must be satisfied that:

· there is evidence of a high level of crime or disorder caused or contributed to by alcohol consumption in the area

· the ban is proportionate in light of the evidence provided

· the ban can be justified as a reasonable limitation on people's rights and freedoms.

16. The above criteria were introduced in 2014 and require a much higher evidential threshold to be met than in the past.

Evidence

17. Temporary alcohol bans have been approved for major events on the domain in the past, including Christmas in the Park and the Lantern Festival in February 2016.

18. The Lantern Festival relocated to the domain for the first time in 2016. Prior to 2016 the Lantern Festival was located at Albert Park which is part of the city centre 24 hour, 7 days a week alcohol ban.

19. The police and Auckland Tourism, Events and Economic Development (ATEED) have advised of issues of crime and disorder at previous Lantern Festival events at Albert Park. Issues have included assault and other aggressive behaviours. Documented evidence of this advice is not available at the time of writing.

20. The police maintain that they are able to effectively manage alcohol related crime or disorder because the bans:

· act as a deterrent for people drinking alcohol and engaging in crime or disorder in the domain

· provide the police with the powers to effectively deal with alcohol related problems when they arise.

21. Currently, an events venue alcohol ban applies to Christmas in the Park. This alcohol ban was reviewed in 2015 against the criteria introduced in 2014. The then Regulatory and Bylaws Committee and Waitematā Local Board decided that the relevant statutory criteria had been met and retained the alcohol ban (RBC/2015/41 and WTM/2016/110). Evidence in that decision referred to “police evidence of intoxication at all previous Christmas in the Park events which resulted in offending in and around the city during and after the event.”

22. The current night time alcohol ban was also reviewed and retained in 2015. This decision was based on data from the police. The data indicated levels of alcohol-related crime or disorder in the domain that supported the retention of the alcohol ban (RBC/2015/41 and WTM/2016/110).

23. The decisions about the current Christmas in the Park and night time alcohol ban are particularly relevant to Lantern Festival request. The committee must be satisfied that the relevant statutory criteria be met in relation to the area (the domain) and the times of the request, and not the specific event. Previous decisions in relation to current alcohol bans satisfy these criteria for major events at the domain and at night.

Options

24. Staff have identified two reasonably practicable options for the board to consider:

· Option 1 – adopt a temporary alcohol ban for the Lantern Festival

· Option 2 – decline to adopt an alcohol ban for the Lantern Festival

25. The tables below assess the advantages, disadvantages and risks of each option.

Assessment of Option 1 - adopt a temporary alcohol ban for the Lantern Festival

	Analysis
Advantages	· addresses concerns about alcohol related crime and disorder around the venue as identified by police · would improve the safety of the Lantern Festival event by reducing: o the amount of alcohol consumed inside the domain (and associated litter) o patron intoxication levels o the risk of disruption to local residents o the risk of crime or disorder.
Disadvantages and Risks	· temporary alcohol ban implementation costs · risk of legal challenge.
Risk mitigation	· the cost of implementation is expected as part of the alcohol management strategy · the risk of legal challenge is considered low and defendable.

Assessment of Option 2 – decline to make an alcohol ban for the Lantern Festival

	Analysis
Advantages	· no risk of legal challenge · no limitation on people’s rights and freedoms · no temporary alcohol ban implementation costs.
Disadvantages and Risks	· alcohol related crime or disorder may occur that otherwise might have been prevented by a temporary alcohol ban.
Risk mitigation	· the police can use powers under the Summary Offences Act 1981 to address certain types of crime or disorder if they occur.

Staff recommendation

26. Staff recommend that the committee adopt a temporary alcohol ban for the Lantern Festival. Staff consider that the relevant statutory requirements have been met.

Consideration

Local board views and implications

27. The committee is jointly set up by the governing body and the Waitematā Local Board to co-ordinate decisions relating to the domain.

28. The governing body (through the then Regulatory and Bylaws Committee) and Waitematā Local Board has previously supported the police requests for temporary alcohol bans for Christmas in the Park and Lantern Festivals (RBC/2015/41 and ADC/2016/3).

Māori impact statement

29. 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

30. ATEED will be involved in the implementation of the alcohol ban. The proposed alcohol management strategy for the Lantern Festival will include:

· standard Auckland Council signage to inform the public of the temporary alcohol ban area dates and times

· event planning involving the police to ensure sufficient resources are met

· sending a notification letter to all local businesses and residents informing them of the temporary alcohol ban’s dates and times

· monitoring of the event to document evidence to support future alcohol ban requests.

31. The costs associated with implementing the temporary alcohol ban will be covered by ATEED. These costs may include the statutory requirement of a public notice in either the local paper or the New Zealand Herald advising of the temporary alcohol ban, temporary signage, and any other reasonable requirements of the police.

Attachments

No.	Title	Page
a ⇩	Map of temporary alcohol ban area requested for Auckland Domain	113
b ⇩	Police temporary alcohol ban request	115

Signatories

Author

Ashleigh Pihema - Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Auckland Domain Committee

14 December 2016

Variation of lease to Tennis Auckland Region Inc and sub-lease to Next Generation Clubs NZ Limited at 72 Stanley Street, Auckland Domain

File No.: CP2016/24758

Purpose

1. To approve variations to the lease to Tennis Auckland Region Inc and sub-lease to Next Generation Clubs NZ Limited to extend the terms of each for a further 15 years.

Executive summary

2. By a deed dated 23 December 2011, Tennis Auckland Region Incorporated (Tennis Auckland) leases premises at 72 Stanley Street at Auckland Domain. Part of the premises is sub-leased by Tennis Auckland to Next Generation Clubs NZ Limited (NGC) by another deed of the same date. Both the lease and sub-lease are authorised by the Auckland Domain Act 1987 (amended 2008).

3. The term of the lease to Tennis Auckland is 35 years commencing 2 September 2011. The sub-lease to NGC term is 35 years less one day, commencing on the same date.

4. Clause 2.1 of the lease and 3.1 of the sub-lease provide for the council to extend the term if requested by Tennis Auckland, so long as the extension does not exceed 50 years from the commencement date of the lease. The extensions are conditional upon criteria described later in the report.

5. Tennis Auckland and NGC have applied to the council to extend the terms of the lease and sub-lease to the maximum 50 years as permitted by clause 2.1 of the lease and 3.1 of the sub-lease, in accordance with the Act and resource consents SUB/2011/3570 and SUB/2011/3587.

6. Under the respective leases and sublease, Tennis Auckland and NGC have met all obligations described above and are otherwise not in breach of any other lease terms and conditions.

Recommendation/s

That the Auckland Domain Committee:

a) approve the variation of the lease dated 23 December 2011 between Auckland Council and Tennis Auckland Region Incorporated to:

i) extend the term from 35 years to 50 years, commencing 2 September 2011 with a final expiry of 1 September 2061

b) approve the variation of the sub-lease dated 23 December 2011 between Tennis Auckland Region Incorporated and Next Generation Clubs NZ Limited to;

i) extend the term from 35 years to 50 years less one day, commencing 2 September 2011 with a final expiry of 31 August 2061.

Comments

7. Auckland Domain at 72 Stanley Street is held by the council and administered under the Auckland Domain Act 1987 (as amended in 2008).

8. Part of the Domain land is leased under Section 7(2A) of the Act to Tennis Auckland, who in turn have sub-let part of the premises to NGC to manage a fitness centre (Attachment A: Site Plan).

9. The Auckland Domain Act, clause 2.1 of the lease and 3.1 of the sub-lease provide for the council to extend the term if requested by Tennis Auckland, so long as the extension does not exceed 50 years from the commencement date of the lease. The extensions are conditional upon:

· the extended term will be pursuant to section 7(2A) of the Act

the extended expiry date of this lease will be one day after the expiry date of the term or extended term of the sublease, but must not be more than 50 years from the commencement date of this Lease

· Tennis Auckland must have given the council not less than three months notice in writing prior to the expiry date under this lease (time being of the essence) of its desire to extend the term of this lease under this clause, together with evidence of the term of the sublease and any consents it has obtained

· Tennis Auckland at its cost will obtain the regulatory consents (if

any) required for that extension of the term before it gives the

notice under clause 2.1.4. The council does not have to grant an extension of the term if any application for those consents has been declined.

10. The required consents have been obtained and approved under consents SUB/2011/3570 and SUB/2011/3587. (Attachment B).

11. The Tennis Auckland lease annual rent is currently $16,267.79 plus GST and subject to a three-yearly rental adjustment. NGC’s current annual rent is $106,132.24 plus GST and subject to an annual adjustment.

Consideration

Auckland Domain Committee views and implications

12. The Auckland Domain Committee is the delegated authority to approve a variation to a lease or sub-lease for premises at the domain.

Local board views and implications

13. Authority to deal with lease matters on the Auckland Domain is delegated to the Auckland Domain Committee. The views of the Waitemata Local Board have not been sought but an information item will be provided to the Board informing of the changes to the lease and sub lease.

Māori impact statement

14. This report deals with approval of lease and sub lease extensions agreed during the 2008 amendment to the Auckland Domain Act, and consultation on the implications was considered at that time.

Implementation

15. The recommendations contained in this report do not trigger the Auckland Council Significance Policy.

16. There are no costs associated with a variation to the lease. A deed of variation for the lease would be drafted by the Community Leasing team.

17. A deed of variation to the sub-lease is a responsibility of Tennis Auckland to execute directly with NGC, providing a copy of the deed to the council as head-lessor.

Attachments

No.	Title	Page
a ⇩	Attachment A Site Plan	121
b ⇩	Attachment B Resource Consents	125

Signatories

Author

Ron Johnson - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Jane Aickin - Paeurungi Te Waka Tai-ranga-whenua

Chairperson	Cr Mike Lee
Deputy Chairperson	Pippa Coom, Chairpperson, Waitemata Local Board
Members	IMSB Member Renata Blair
	Shale Chambers, Deputy Chairpperson, Waitemata Local Board
	Cr Linda Cooper, JP
	IMSB Member Terrence Hohneck
	Cr Desley Simpson, JP
	Vernon Tava, Waitemata Local Board member

Ex-officio	Mayor Hon Phil Goff, JP
	Deputy Mayor Bill Cashmore