Agenda of Devonport-Takapuna Local Board

Devonport-Takapuna Local Board

15 December 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 6

8.1 Deputation - Devonport Business Association - Dianne Hale, Chairperson 6

9 Public Forum 6

9.1 Public forum - Lesley Opie - Weed control in the streets and reserves in the Belmont/Bayswater area and maintenance issues in the Northboro Reserve 6

9.2 Public forum - Laurie Spinley - Devonport-Takapuna Local Board/Council influence 7

9.3 Public forum - The Depot - Lynn Lawton - Rembrandt Remastered and signage 7

9.4 Public forum - Milford Residents Association - Norma Bott - Freedom Parking at Milford Reserve 7

10 Extraordinary Business 8

11 Notices of Motion 8

12 Notice of Motion - Signage By-law 9

13 Notice of Motion - Freedom Camping Summer Pilot 13

14 Notice of Motion - Opposing the Vehicle access ban on Mt Victoria/Takarunga 19

15 Notice of Motion - Community Forum, workshop/briefings 23

16 Notice of Motion - Stormwater Sediment and Run-off 27

17 Notice of Motion - Takapuna Beach Grooming 31

18 Devonport-Takapuna Quick Response, Round Two 2016/2017 35

19 Annual Budget 2017/2018 41

20 Auckland Transport Monthly Update - December 2016 49

21 Monthly Local Board Services report - November 2016 91

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 95

23 Record of Workshop's 17 and 24 November, and 1 December 2016 99

24 Ward Councillors Update 107

25 Board Members' reports 109

26 Chairperson's report 111

27 Consideration of Extraordinary Items

PUBLIC EXCLUDED

28 Procedural Motion to Exclude the Public 113

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

a. 4 Flagstaff Terrace, Devonport 113

b. 29 Jubilee Avenue, Devonport 113

c. 227 Lake Road, Belmont 113

d. 22 Audrey Road, Takapuna 113

e. 37 Tainui Road, Devonport 114

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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i) A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

ii) A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 15 November 2016, including the confidential section, 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 Devonport-Takapuna 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 Deputation - Devonport Business Association - Dianne Hale, Chairperson

Purpose

1. Chairperson of Devonport Business Association, Dianne Hale, will be in attendance to present on the Visitor Centre in Victoria Road, Devonport to promote tourism opportunities.

Executive summary

2. As per standing orders the Chair has approved the request from the Devonport Business Association to provide a deputation in respect of a Visitor Centre to promote tourism opportunities in the Devonport Takapuna local board area.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the presentation on the Visitor Centre and thank Dianne Hale, Chairperson of the Devonport Business Association for her attendance and presentation.

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.

9.1 Public forum - Lesley Opie - Weed control in the streets and reserves in the Belmont/Bayswater area and maintenance issues in the Northboro Reserve

Purpose

1. Lesley Opie will present on weed control in the streets and reserves in the Belmont/Bayswater area and maintenance issues in the Northbro Reserve.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the public forum presentation from Lesley Opie regarding weed control in the streets and reserves in the Belmont/Bayswater area and maintenance issues in the Northbro Reserve.

9.2 Public forum - Laurie Spinley - Devonport-Takapuna Local Board/Council influence

Purpose

1. Laurie Spinley will present on the Devonport-Takapuna Local Board/Council influence.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the public forum presentation from Laurie Spinley regarding the Devonport-Takapuna Local Board/Council influence.

9.3 Public forum - The Depot - Lynn Lawton - Rembrandt Remastered and signage

Purpose

1. Lynn Lawton from The Depot will present on the Rembrandt Remastered exhibition and signage.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the public forum presentation from Lynn Lawton from The Depot will regarding Rembrandt Remastered and signage.

9.4 Public forum - Milford Residents Association - Norma Bott - Freedom Parking at Milford Reserve

Purpose

1. Norma Bott of the Milford Residents Association will present on freedom parking at Milford Reserve.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the public forum presentation from Norma Bott of the Milford Residents Association regarding freedom parking at Milford Reserve.

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

Under Standing Order 2.51 (LBS 3.1101 or Standing Order 1.91 (LBS 3.10.17) Notices of Motion have been received from Members Cohen, O’Connor, Gillon, Wood and Sheehy, for consideration under items numbered 13 through 17.

Devonport-Takapuna Local Board

15 December 2016

Devonport-Takapuna Quick Response, Round Two 2016/2017

File No.: CP2016/24009

Purpose

1. The purpose of this report is present applications received for the Devonport-Takapuna Quick Response Round Two 2016/2017. The local board is required to fund, part fund or decline these applications.

Executive summary

2. The Devonport-Takapuna Local Board has set a total community grants budget of $278,000 for the 2016/2017 financial year.

3. A total of $135,821 was allocated under round one of the local grants and $14,908 was allocated under round of the quick response, leaving a balance of $127,271 to be allocated for the remainder of the 2016/2017 financial year.

4. Twenty three applications were received for Quick Response Round Two 2016/2017, with a total amount requested of $38,215.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) consider the applications listed in the table below for Quick Response Round Two 2016/2017 and agree to fund, part fund or decline each application in this round

Application No.	Organisation Name	Project	Total Requested	Eligible/ ineligible
QR1702-205	Devonport Arts Festival Trust	Towards the purchase of materials and payment of the four street artists as part of the Devonport Arts Festival Street Art event in April 2017	$2,000	Eligible
QR1702-217	Han Nae Kim	Towards hireage of the Depot Artspace, costs for advertising and purchasing of a return air fare and materials for the Contemporary Asian Lacquer Art event between July to August 2017	$2,000	Eligible Funds will be released retrospectively upon receiving a completed accountability report.
QR1702-208	Milford Village Business Association	Towards the costs of the concept development, purchase or materials and artists time for the mural at 155 Kitchener Road, Milford between November 2016 to February 2017	$2,000	Eligible
QR1702-210	Action Education Incorporated	Towards the salaries or wages for the facilitator to run 10 spoken word poetry workshops across the Devonport-Takapuna Local Board area between December 2016 to May 2017	$2,000	Eligible
QR1702-221	Takapuna Methodist Church Music Group	Towards the venue hire of the Takapuna Methodist Church, return flights for Hans Hielscher, costs to have the organ tuned, purchase of an outdoor banner and advertising for the Hand Hielshecher Organ Concert in February 2017.	$999	Eligible
QR1702-222	Art for Change	Towards the hirage of the Depot Artspace for the “Where Shall We Call Home” exhibition between June to July 2017	$1,000	Eligible Funds will be released retrospectively upon receiving a completed accountability report.
QR1702-223	Depot Art and Music Space	Towards the costs to build a temporary wall at Depot Artspace for the “Rembrandt Remastered” exhibition between December 2016 to March 2017	$2,000	Eligible
QR1702-224	The New Zealand Dance Advancement Trust (operating as the New Zealand Dance Company)	Towards the technical assistance charges from the Bruce Mason Centre for the productions “Kiss the Sky” between June to July 2017	$2,000	Eligible
QR1702-207	Devonport Community Workshop (also known as "The Claystore"	Towards the purchase of a new bandsaw in December 2016	$1,283	Eligible
QR1702-209	The Bellyful New Zealand Trust (umbrella organisation for Bellyful North Shore)	Towards the purchase of ingredients for six cookathons between January to July 2017	$1,594	Eligible
QR1702-212	Neighbourhood Support North Shore Incorporated	Towards the purchase of gifts and the salaries or wages for the North Shore Neighbourhood Support manager between December 2016 to November 2017	$2,000	Eligible
QR1702-219	Dance Therapy New Zealand	Towards therapist fees, assistant fees, project coordination, administration overheads, purchase of equipment, costs for advertising and venue hire of Yong Man Camp Adair North Shore Recreation Centre between February to July 2017	$1,961	Eligible
QR1702-226	New Zealand -Filipino Sto Nino Devotees Trust (T/A Sinulog New Zealand)	Towards the costs to hire the North Shore Events Centre, sound and visual display hireage and the purchase of trophies and awards for the “Sinulong New Zealand Cultural Festival” in January 2017	$2,000	Eligible
QR1702-227	Milford Bowling Club Incorporated	Towards the purchase of a defibrillator for the Milford Bowling Club between December 2016 to February 2017	$2,000	Eligible
QR1702-230	Youthline Auckland Charitable Trust	Towards the facilitators, youth workers’ salaries or wages for the youth health council at Carmel College between January to December 2017	$2,000	Eligible
QR1702-216	Shanshan Multicultural Society Incorporated	Towards the hireage of the Sunnynook Community Centre between February to July 2017	$568	Eligible
QR1702-214	Devonport Historical and Museum Society (umbrella organization for Duder family, Devonport)	Towards the cost of the consultant for the restoration of Thomas Duder's Grave in February 2017	$2,070	Eligible
QR1702-201	Harbour Sport Trust	Towards the hireage of the audio and video costs of the Massey University Harbour Sport Excellence Awards in November 2016	$2,000	Eligible
QR1702-202	Les Mills Takapuna	Towards the fee waiver of the Auckland Council event permit for the free Les Mills community fitness event for Milford Reserve between October 2016 to March 2017	$300	Eligible
QR1702-204	North Shore Rowing Club Incorporated	Towards the hireage of waste management, event toilets, public announcement system, first aid New Zealand ambulance and the costs for lane laying for the “R.F. Bennett Memorial Shield Rowing Regatta” in November 2016	$2,000	Eligible
QR1702-213	Lake Pupuke Tennis Club Incorporated	Towards the purchase of tennis balls between December 2016 to August 2017	$400	Eligible
QR1702-228	Tennis Northern Region Incorporated	Towards the purchase of nets, racquets and tennis balls between January to December 2017	$2,040	Eligible
QR1702-229	Badminton North Harbour	Towards the purchase of shuttle cocks for the summer league competition between February to April 2017	$2,000	Eligible

Comments

5. The Auckland Council Community Grants Policy supports each local board to adopt a grants programme (refer Attachment A) that outlines:

· local board priorities;

· lower priorities for funding;

· exclusions;

· grant types, number of grant rounds and when these will open and close; and

· any additional accountability requirements.

6. The Devonport-Takapuna Local Board will operate four quick response rounds for this financial year. Applications for this quick response round closed on 4 November 2016.

7. Community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletter, Facebook pages, council publications, radio and community networks.

8. For the 2016/2017 financial year, the Devonport-Takapuna Local Board set a total budget of $278,000. The Devonport-Takapuna Local Board allocated $135,921 in round one of the local grants and $14,908 in round one of the quick response, leaving a total of $127,271 to allocate for the remainder of 2016/2017.

9. Twenty three applications were received for this quick response grants round, requesting a total of $38,215.

Consideration

Local board views and implications

10. Local boards are responsible for the decision-making and allocation of local board community grants. The Devonport-Takapuna Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.

11. Local boards are requested to note that section 50 of the Community Grants Policy states the following:

“Council will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time.”

12. A summary of each application is attached (see Attachment B).

Māori impact statement

13. The provision of community grants provide opportunities for all Aucklanders to undertake projects, programmes and activities that benefit a wider range of individuals and groups, including Māori. As a guide for decision-making, in the allocation of community grants, the new Community Grants Policy supports the principle of delivering positive outcomes for Māori.

14. There are no organisations applying in this round that have been identified as Māori and two applicants have indicated their projects target Māori or Māori outcomes.

Implementation

15. The allocation of grants to community groups is within the adopted Long-term Plan 2015-2025 and local board agreements.

16. Following the Devonport-Takapuna Local Board allocating funding for Quick Response Round Two, Commercial and Finance staff will notify the applicant of the local board’s decision.

Attachments

No.	Title	Page
a ⇨	Devonport-Takapuna Local Grants Programme 2016/2017 (Under Separate Cover)
b ⇨	Devonport-Takapuna Quick response Round Two 2016/2017 application summaries (Under Separate Cover)

Signatories

Authors

Kim Hammond - Community Grants Advisor

Authorisers

Marion Davies - Community Grants Operations Manager

Jennifer Rose - Operations Support Manager

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2016

Annual Budget 2017/2018

File No.: CP2016/23843

Purpose

1. This report requests that local boards consider proposed locally driven initiative (LDI) allocations for 2017/2018, key advocacy issues, and any local targeted rate proposals and business improvement district (BID) targeted rates.

2. It also requests the adoption of local content for consultation as part of the annual budget process.

Executive summary

3. Legislation governing the annual budget process has changed, and there is no longer the requirement to produce a draft annual budget. Instead, the council will be producing a consultation document that will cover:

· any significant or material changes proposed to the Long-term Plan 2015-2025 (LTP); and

· content relating to local board agreements.

4. Consultation on the Annual Budget 2017/2018 will take place in February and March of 2017.

5. This report seeks agreement from local boards on their proposed LDI allocations for 2017/2018 and key advocacy issues, recommendations as to any local targeted rate proposals and BID targeted rates and adoption of local content for consultation.

6. These will be considered by the governing body prior to finalising annual budget consultation topics and adoption of the consultation document and supporting information.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) agrees indicative locally driven initiative allocations for 2017/2018 (refer to Attachment A of agenda report).

b) agrees key advocacy issues.

c) recommends local targeted rate proposals (if any) for consultation.

d) recommends business improvement district targeted rates (if any) for consultation.

e) adopts local content for consultation (refer to Attachment B of agenda report).

f) agrees that the Chairperson be delegated the authority to make any final minor changes to local consultation content for the Annual Budget 2017/2018 prior to publication, including online consultation content.

Comments

7. As part of the Annual Budget 2017/2018 process, the council will be producing a consultation document. This will cover any significant or material changes proposed to the LTP and content relating to local board agreements.

8. Public consultation will take place in February and March of 2017, and will include information on local board issues and priorities.

9. As such, local boards are requested to agree their indicative LDI allocations for 2017/2018 (see Attachment A) and adopt local content for consultation (see Attachment B).

10. Any new local targeted rates and/or BID targeted rates must be consulted on before they can be implemented. Local boards are therefore also requested to agree any new proposals for consultation.

11. This triennium, council is considering a long term approach in respect of local board priorities / advocacy initiatives. Such an approach seeks to better utilise, in an integrated way, the annual budget, LTP and local board plan processes.

12. It is proposed that, as part of the Annual Budget 2017/2018 process, local boards begin narrowing the range of their advocacy initiatives - and agree their key advocacy issues for further research and consideration. Council departments will then provide local boards with in depth information to help inform their position on these issues. Based on this information, local boards are requested to identify one to two key priorities to develop further in the local board plan process and discuss with the governing body through the next LTP process.

13. This should enable realistic and genuine discussions and engagement between local boards and the governing body.

Consideration

Local board views and implications

14. Local board decisions are being sought in this report.

15. Local boards will have further opportunities to provide information and views as council progresses through the annual budget process.

Māori impact statement

16. Many local board decisions are of importance to and impact on Māori. Local board agreements and the annual budget are important tools that enable and can demonstrate council’s responsiveness to Māori. Local board plans, which were developed in 2014 through engagement with the community including Māori, form the basis of local priorities.

17. There is a need to continue to build relationships between local boards and iwi, and where relevant the wider Māori community. Ongoing conversations will assist local boards and Māori to understand each other’s priorities and issues. This in turn can influence and encourage Māori participation in council’s decision-making processes.

Implementation

18. The governing body will adopt consultation material for the Annual Budget 2017/2018 in early February 2017.

19. Following consultation, a local board agreement with the governing body for 2017/2018 will be developed.

Attachments

No.	Title	Page
a ⇩	Devonport-Takapuna LDI allocations for 2017/2018	45
b ⇩	Annual Plan 2017/2018 Devonport Takapuna Consultation Supporting information	47

Signatories

Authors

Mark Purdie - Lead Financial Advisor

Authorisers

Christine Watson - Manager Financial Advisory Services - Local Boards

Karen Lyons - General Manager Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2016

Monthly Local Board Services report - November 2016

File No.: CP2016/24052

Purpose

1. The purpose of this report is to provide members with an overview of recent Devonport-Takapuna Local Board activity.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the report.

b) agree to fund $1,500 from the Local Discretionary Initiatives (LDI) budget to cover catering and venue hire for the Greater Takapuna Reference Group meetings through to March 2017.

c) agree to community forum taking place on the first Tuesday of each month, starting at 6pm and ending no later than 8pm

d) agree that the first community forum will take place on 2 March 2017 at 6pm to avoid a clash with Waitangi Day weekend.

Issues and Activity

Greater Takapuna Reference Group

2. The Greater Takapuna Reference Group requires further funding to continue its meetings.
The costs, consisting of catering and venue hire would be covered by a $1,500 allocation from the boards Community Response Fund.

3. Staff recommend that the board support this allocation of its funding to enable the group to continue its established activity.

Community Forum

4. The board discussed approaches to establishing a community forum at its 1 December workshop. The option of having community forum on the first Tuesday of each month was discussed. The consensus view among members was that the date and frequency proposed was appropriate.

5. It is suggested that the first community forum take place on the first Tuesday of March at 6pm, rather than in February, to avoid a clash with Waitangi Day weekend.

Resource Consent Notification Considerations

6. In 2011, the governing body agreed to a process by which local boards could participate in the notification consideration of specific resource consents. Triggers were set by the local boards, in consultation with the council department that processes resource consents. Particular consents were then sent through to local board representatives to enable comments to be provided and considered for the purposes of notification.

7. In May 2016, the Hearings Committee resolved to set up a working party of governing body and local board members and a member of the Independent Māori Statutory Board to review the current local board involvement and the associated processes. The working party reported back to the Hearings Committee in September 2016.

8. The Hearings Committee endorsed the working party’s recommendations and resolved (in summary) that:

i) existing local board-identified triggers for provisions of full details of resource consent applications, for the purpose of making comment on notification, be reviewed and refined (particularly once the Proposed Auckland Unitary Plan becomes operative);

ii) the purpose of the resource consents weekly list is principally for information purposes rather than for comment and that purpose will be clearly communicated to local boards;

iii) a standard practice is developed and endorsed to enable local boards to speak to their local views and preferences when a hearing occurs in relation to a resource consent application; and

iv) the Hearings Committee policy on elected members sitting on hearings panels within their own local board area is supported, with close attention to consideration of issues of conflict of interest on a case by case basis.

9. There are a number of pieces of work that will soon be underway to support those resolutions:

· the hearings team, consents team and Local Board Services will work together to develop working practices to enable local board members to speak to their communities views and preferences at a hearing;

· supported by the consents team, each local board will review the specific triggers for notification decisions early next year; and

· the elected members training on their involvement in the resource consent applications is on the training teams work programme, and will be scheduled for early 2017 (possibly March).

10. In order to effectively and efficiently provide comment to resource consent notification consideration on local views and preferences, it is recommended that local boards delegate this responsibility to a local board member or members. These members will be referred to as a Resource Consents Lead.

11. The Resource Consents Lead can and should:

· discuss resource consents of interest with other local board members;

· contact the processing planner if more information or clarification is required;

· use Local Board Services staff for administrative support; and

· prepare and provide any feedback in relation to notification considerations.

12. The resource consents weekly list will continue to be sent to all elected members for their information.

Local board views and implications

13. Local board views and decisions are sought via this report.

Māori impact statement

14. There are no implications for Maori at this stage.

Implementation

15. There are no implementation issues identified in this report.

Attachments

There are no attachments for this report.

Signatories

Authors	Haley Scovell - Local board Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2016

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

File No.: CP2016/24718

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 Devonport-Takapuna Local Board.

Executive summary

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

· 4 Flagstaff Terrace, Devonport;

· 29 Jubilee Avenue, Devonport;

· 227 Lake Road, Belmont;

· 22 Audrey Road, Takapuna; and

· 37 Tainui Road, Devonport.

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, subject to conditions or decline the exemptions sought.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) grant the application for special exemption as sought for 4 Flagstaff Terrace, Devonport, with the following conditions:

i. that the existing exemption stand until 31^st July 2017 on the condition self closing and self latching devices are fitted to the existing doors opening to the pool area.

ii. after this date the current exception is to be revoked and a fence is to be installed to isolate the vehicle access way from the pool area.

b) grant the application for special exemption as sought for 29 Jubilee Avenue, Devonport with the following conditions:

i. if board members are satisfied the retaining wall does not create a risk of a child drowning in the spa, and

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

c) grant the application for special exemption as sought for 227 Lake Road, Belmont with the following conditions:

i. that the existing pool gate that is fitted with a keypad in maintained in good condition at all times; and notes that the back gate is considered to be low risk for entry by a child 5 years of age.

d) grant the application for special exemption as sought for 22 Audrey Road, Takapuna with the following conditions:

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

e) grant the application for special exemption as sought for 37 Tainui Road, Devonport with the following conditions:

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

ii. that the spa remain in the current location.

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; or

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.

15. Before making an exemption, the local board must consider:

· the particular characteristics of the property and the pool

· any other relevant circumstances; and

· conditions it may be necessary to impose.

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

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

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

Māori impact statement

19. There are no particular impacts to Māori that are different from those of other pool owners.

Implementation

20. The decisions must be made by resolution.

Attachments

No.	Title	Page
a ⇩	4 Flagstaff Terrace, Devonport (Under Separate Cover) - Confidential
b ⇩	29 Jubilee Avenue, Devonport (Under Separate Cover) - Confidential
c ⇩	227 Lake Road, Belmont (Under Separate Cover) - Confidential
d ⇩	22 Audrey Road, Takapuna (Under Separate Cover) - Confidential
e ⇩	37 Tainui Road, Devonport (Under Separate Cover) - Confidential

Signatories

Authors

Phillip Curtis - Senior Swimming Pool Specialist

Authorisers

Sally Grey - Manager Weather Tightness & Compliance

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2016

Record of Workshop's 17 and 24 November, and 1 December 2016

File No.: CP2016/24096

Purpose

1. The purpose of this report is to record the Devonport-Takapuna Local Board workshops held and on the 17 and 24 November, and 1 December 2016

Executive Summary

1. At the workshop held on 17 November 2016, the Devonport-Takapuna Local Board was briefed on:

i. Introduction to Local Government Finance, and

ii. Annual Plan – workshop one.

2. At the workshop held on 24 November 2016, the Devonport-Takapuna Local Board was briefed on:

i. Workshop and briefing guidelines

ii. Local board project list, and

iii. Local Board Plan

3. At the workshop held on 1 December 2016, the Devonport-Takapuna Local Board was briefed on:

i. Auckland Transport’s business case regarding Lake Road, and

ii. Community Forum, a discussion document

4. The record of the workshop held on:

· 17 November 2016 is attached to this report as Attachment A;

· 24 November 2016 is attached to this report as Attachment B;

· 1 December 2016 is attached to this report as Attachment C.

Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive the record of the workshops held on the 17 and 24 November, and 1 December 2016

Attachments

No.	Title	Page
a ⇩	20161117 Devonport Takapuna Local Board Workshop record	101
b ⇩	20161124 Devonport Takapuna Local Board Workshop record	103
c ⇩	20161201 Devonport Takapuna Local Board Workshop record	105

Signatories

Authors	Karen Durante - Democracy Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

15 December 2016

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

That the Devonport-Takapuna 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.

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment a - 4 Flagstaff Terrace, Devonport

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.

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.

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment b - 29 Jubilee Avenue, Devonport

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.

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.

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment c - 227 Lake Road, Belmont

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.

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.

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment d - 22 Audrey Road, Takapuna

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.

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.

22 Special Exemption (Section 6) Fencing of Swimming Pools Act 1987 - Attachment e - 37 Tainui Road, Devonport

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.

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.

Chairperson	Dr Grant Gillon
Deputy Chairperson	George Wood, CNZM
Members	Mike Cohen, QSM, JP
	Jennifer McKenzie
	Jan O'Connor
	Mike Sheehy

Authors	Karen Durante – Democracy Advisor
Authorisers	Eric Perry - Relationship Manager