Agenda of Maungakiekie-Tāmaki Local Board

Maungakiekie-Tāmaki Local Board

22 August 2017

Concert alcohol ban on streets surrounding Mt Smart Stadium

File No.: CP2017/14778

Purpose

1. To decide whether to implement a concert alcohol ban on streets surrounding Mt Smart Stadium.

Executive summary

2. Alcohol bans prohibit the consumption or possession of alcohol in specified areas for specified times. Alcohol bans are enforced by the New Zealand Police (police).

3. On 22 November 2016 the Maungakiekie-Tāmaki Local Board requested that staff investigate a concert alcohol ban on streets surrounding Mt Smart Stadium (MT/2016/207).

4. A concert alcohol ban is a temporary alcohol ban for all future concerts at Mt Smart Stadium.

5. The concert alcohol ban is supported by Police, Auckland Tourism, Events and Economic Development, and Regional Facilities Auckland.

6. In determining whether to adopt a concert alcohol ban, the local board must consider several matters. The most important are that the alcohol ban is:

· in response to a high level of alcohol related crime or disorder caused or made worse by alcohol consumption in the area

· a proportionate response

· a justifiable limitation on people’s rights and freedoms.

7. Evidence was sought from police, the monitoring of three concerts during the 2016 – 2017 concert season, and from the 2015 review of permanent alcohol bans. Low levels of disorder were evident.

8. Two options available to the local board are:

· Option one - decline to adopt a concert alcohol ban on streets surrounding Mt Smart Stadium

· Option two - adopt a concert alcohol ban on streets surrounding Mt Smart Stadium from 6am on the first day of a concert until 6am on the day after the concert as shown in Attachment A.

9. Staff recommend that the local board decline to adopt a concert alcohol ban (option one) as:

· while there is some evidence of disorderly behaviour, the frequency and severity of it is not sufficient to meet the high level of alcohol related crime or disorder threshold in the Local Government Act 2002

· there is an increased risk and greater impact of a successful legal challenge if a ban is imposed arbitrarily to all events

· temporary alcohol bans can be considered for individual concerts on a case by case basis.

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

EITHER

a) decline to adopt a concert alcohol ban on streets surrounding Mt Smart Stadium.

a) adopt a concert alcohol ban on streets surrounding Mt Smart Stadium from 6am on the day of a concert until 6am on the day after the concert as shown in Attachment A.

Comments

Background

Alcohol bans prohibit alcohol in public places and are enforced by the New Zealand Police

10. Alcohol bans prohibit the consumption or possession of alcohol in specified public places (areas) during specified times.

11. Alcohol bans are enforced by the New Zealand Police. Under sections 169 and 170 of the Local Government Act 2002, police have powers of search, seizure, infringement notice and arrest for the specified times and places that an alcohol ban applies.

12. Police also have powers to address any incidents of crime or disorder under the Summary Offences Act 1981.

Local Boards have authority to adopt alcohol bans in their local board area

13. The Maungakiekie-Tāmaki Local Board (the local board) has had delegated authority to adopt alcohol bans in its local board area under the Auckland Council Alcohol Control Bylaw 2014 since October 2014 (GB/2014/121).

14. Concerts have been held at Mt Smart Stadium as far back as 1985 (previously Ericsson Stadium). The first temporary alcohol ban at Mt Smart Stadium was the Rolling Stones concert in 2014. Since the Rolling Stones concert, there have been 11 concerts at Mt Smart Stadium. Of these, nine had a temporary alcohol ban in place, and two did not (Attachment B).

15. To date temporary alcohol bans for concerts at Mt Smart Stadium have been considered on a case by case basis. Police requests are based on the demographic of target audience of the artist, the price of the ticket and the duration of the concert.

16. This approach requires separate requests, reports and local board decisions for individual concerts. The process is resource intensive for Regional Facilities Auckland, police, the local board, and Auckland Tourism, Events and Economic Development.

17. The local board on 22 November 2016 requested that staff investigate an events venue alcohol ban (MT/2016/207). This request was made in its decision on a temporary alcohol ban for a Cold Play concert in the area surrounding Mt Smart Stadium.

A concert alcohol ban would apply to all future concerts at Mt Smart Stadium

18. A concert alcohol ban is a temporary alcohol ban that would apply to all future concerts at Mt Smart Stadium. Individual requests would not be required. The alcohol ban would remain in force until amended or revoked by the local board.

19. This approach is similar to the ‘Streets surrounding Eden Park (Major Events)’ alcohol ban that was adopted by the Albert Eden Local Board in 2015 (AE/2015/119).

Legislative and bylaw criteria requires evidence of high levels of alcohol-related crime or disorder

20. The Local Government Act 2002 (the Act) sets the criteria which must be met to justify a temporary alcohol ban. The criteria are echoed in the Bylaw.

21. Legislative and bylaw criteria requires a concert alcohol ban adopted under the Bylaw (by resolution) to be:

· in response to a high level of alcohol related crime or disorder caused or made worse by alcohol consumption in the area

· a proportionate response

· a justifiable limitation on people’s rights and freedoms.

22. The Bylaw also requires consideration of:

· appropriate community-focussed solutions as an alternative / compliment to an alcohol ban

· the views of police, Māori, owners, occupiers or persons that council has reason to believe are representative of the interests of owners or occupiers of premises within the concert alcohol ban area.

Evidence

Police evidence to justify a concert alcohol ban has been difficult to obtain

23. Obtaining police evidence is difficult because the approach of Police and council differ.

24. The police use a prevention first strategy where alcohol bans are considered to:

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

· provide police with powers to effectively deal with problems as they arise

· over time have changed the overall drinking culture previously associated with concerts.

25. In contrast, the council must be satisfied that the legislative and bylaw criteria are met. In particular that there is documented evidence of high levels of alcohol related crime or disorder caused or made worse by alcohol consumption associated with concerts at Mt Smart Stadium.

26. The police have not been able to provide documented evidence to justify a concert alcohol ban against the legislative and bylaw criteria. Anecdotally, police have raised only minor alcohol related issues for three recent concerts at Mt Smart Stadium that had no alcohol ban. These were two Fleetwood Mac concerts in November 2015 and a Bruce Springsteen concert in February 2017.

Evidence from the monitoring of three concerts found limited evidence of high levels of crime or disorder

27. Staff monitored two concerts at Mt Smart Stadium and one concert at Western Springs Stadium to gather evidence of alcohol related crime or disorder. All three concerts had a temporary alcohol ban.

28. Table 1 contains a summary of the evidence gathered. A full copy of the monitoring report for each concert is contained in Attachments C, D and E respectively.

29. Key findings include:

· low levels of crime or disorder, with the most common form of disorder being litter

· the prevalence of alcohol (voluntary compliance) depends on the demographic of concert attendees

· the level of attendees observed drinking alcohol in the ban areas at the three concerts monitored was low, between 0.8 per cent and three per cent

· alcohol bans appear to be effective in reducing the prevalence of alcohol, and allow police to intervene where alcohol is prevalent to reduce the risk of alcohol related harm.

Table 1: Summary of evidence gathered from monitoring of three concerts

	Coldplay Mt Smart Stadium 3 Dec 2016	Guns N’ Roses Western Springs Stadium 4 Feb 2017	Justin Bieber Mt Smart Stadium 18 Mar 2017
Duration of monitoring	6pm – 12.30am	4.45pm – 12am	5pm – 11.30pm
No. monitoring points	6 1 roaming	8 before, 4 after 1 roaming	4 2 roaming
Attendees	Approx. 38,000	Approx. 50,000	Approx. 35,000
No. people observed drinking	294 (0.8 per cent)	1,859 1,594 before (3 per cent) 265 after (0.5 per cent)	139 (0.04 per cent)
Incidents of crime or disorder (includes nuisance, perceived and actual threats and physical harm)	7 in total · 3 public urination · 3 littering · 1 heated argument	7 in total · 6 public urination · 1 fight	38 in total · 20 public urination · 17 littering · 1 drunk and disorderly conduct
Waste outside venue (in bins or littered)	76kg of glass, assumed alcohol related (1.2 standard 240L rubbish bins)	3,185.1kg of glass, assumed alcohol related (49.75 standard 240L rubbish bins)	331kg gathered from roads – cannot confirm all alcohol related (6 standard 240L rubbish bins)

There are limitations to using the monitoring data as evidence

30. Limitations to using the monitoring data as evidence include:

· anecdotal evidence of alcohol related litter on streets was not witnessed and cannot be confirmed as being associated with the concert

· waste data in Table 1 does not necessarily indicate the level of litter. Contractors were unable to differentiate between the weight of glass in surrender or rubbish bins (a responsible behaviour) and that collected off the ground (littering)

· evidence of a higher level of littering at Guns N Roses cannot be relied upon for this decision. While it is likely there would be similar littering if the concert were held at Mt Smart Stadium, the legislative and bylaw criteria require evidence specific to the Mt Smart Stadium area.

There is no relevant evidence from the local board review of permanent alcohol bans in 2015

31. A review of alcohol bans in 2015 included only one submission that described broken glass and damaged equipment in Buchanan Park and surrounding streets following sports events and concerts at Mt Smart Stadium. The local board decision was to retain a night time alcohol ban on Buchanan Park. Buchanan Park and surrounding streets are outside the concert alcohol ban area identified in Attachment A.

32. No submissions were received during the 2015 review that referred to alcohol related crime or disorder in the areas covered by previous concert alcohol bans.

Options

Local board can continue to consider temporary alcohol bans for individual concerts, or to adopt a concert alcohol ban

33. The following options are available to the local board.

· Option one - decline to adopt a concert alcohol ban on streets surrounding Mt Smart Stadium.

· Option two - adopt a concert alcohol ban on streets surrounding Mt Smart Stadium from 6am on the first day of a concert until 6am on the day after the concert as shown in Attachment A.

Table 1: Assessment of option one - decline to adopt a concert alcohol ban on streets surrounding Mt Smart Stadium

Advantages	· no increased risk of a legal challenge if it is considered that the evidential threshold has not been met to justify an alcohol ban on all concerts at Mt Smart Stadium · no further limitation on people’s rights and freedoms · the local board can continue to consider temporary alcohol bans for individual concerts on a case by case basis.
Disadvantages	· resource intensive administrative workload for police, Auckland Tourism, Events and Economic Development, Regional Facilities Auckland, and local board remains as requests for temporary alcohol bans will continue to be made for individual concerts.
Risks	· temporary alcohol bans are not requested in time for a local board decision.
Risk mitigation	· Regional Facilities Auckland, police and Auckland Tourism, Events and Economic Development to identify which concerts require an alcohol ban at least three months prior to the concert.

Table 2: Assessment of option two - adopt a concert alcohol ban on streets surrounding Mt Smart Stadium (see Attachment A)

Advantages	· the concert alcohol ban area and hours are clearly defined and agreed to by Police, Regional Facilities Auckland and Auckland Tourism, Events and Economic Development · decreased administrative workload for police, Regional Facilities Auckland, the local board, and Auckland Tourism, Events and Economic Development. Individual temporary alcohol ban requests will no longer be necessary · easier for enforcement and public awareness as a temporary alcohol ban wold apply to all concerts at Mt Smart Stadium.
Disadvantages	· further limitations on people’s rights and freedoms.
Risks	· greater risk and impact of a successful legal challenge on the basis of insufficient evidence because the temporary alcohol ban would apply to all (as opposed to individual) concerts at Mt Smart Stadium.
Risk mitigation	· the risk of legal challenge is considered low.

Other options have been considered and disregarded

34. As part of the investigation for this report, staff have considered the following options, but have disregarded them for the reasons given.

35. Deferring a decision pending further monitoring to gathering evidence was disregarded. Further monitoring is unlikely to find the level of evidence required where an alcohol ban is in place.

36. Declining a temporary alcohol ban for an individual concert where issues are anticipated to gather evidence could be seen to be an unreasonable risk to public safety.

37. A broader events venue ban to apply to all events (including sporting events) was disregarded because:

· no temporary alcohol bans for sporting events at Mt Smart Stadium have been previously adopted

· police have not generally requested temporary alcohol bans for sporting events at Mt Smart Stadium

· limited evidence provided in the 2015 review of alcohol bans about alcohol related disorder associated with sporting events at Mt Smart Stadium was located outside of the area supported by police in Attachment A.

38. The tables below assess the advantages, disadvantages and risks associated with each option.

Staff analysis and recommendations

Staff consider there is limited evidence to support a concert alcohol ban

39. Staff have assessed the available evidence against the legislative and bylaw criteria. Staff recommend that the local board decline to adopt a concert alcohol ban on streets surrounding Mt Smart Stadium (option one), because:

· while there is some evidence of disorderly behaviour, the frequency and severity it is not sufficient to meet the high level of alcohol related crime or disorder threshold in the Act

· there is an increased risk and greater impact of a successful legal challenge if a ban is imposed arbitrarily to all events

· temporary alcohol bans can be considered for individual concerts on a case by case basis.

Consideration

Local board views and implications

40. The Maungakiekie-Tāmaki Local Board has previously been supportive of temporary alcohol bans in the streets surrounding Mt Smart Stadium for concerts (Attachment B).

Māori impact statement

41. Managing alcohol related harm associated with concerts increases opportunities for health and wellbeing, which is consistent with the outcomes of the Māori Plan for Tāmaki Makaurau. Iwi have been widely consulted on the use of alcohol bans and have previously been supportive.

Implementation

42. The practical implementation of options one and two will be similar. Auckland Tourism, Events and Economic Development, Regional Facilities Auckland and police will continue to prepare and implement an alcohol management strategy for each concert which may or may not include a temporary alcohol ban component.

43. Regional Facilities Auckland will implement appropriate community-focussed solutions to compliment an alcohol ban including:

· details of the alcohol ban on the Auckland Stadiums website, concert information, and on information to ticket holders prior to the concert

· a letterbox drop to residents in the area which includes alcohol ban details

· alcohol ban signage, surrender bins and portable toilets in place throughout the alcohol ban area.

44. The Act makes it difficult to take a prevention first approach when alcohol bans are made by resolution under the Bylaw. Staff will investigate the inclusion of an events venue alcohol ban in the area surrounding Mt Smart Stadium in the Bylaw itself when it is next reviewed. The Act provides for temporary alcohol bans in a bylaw without the need to demonstrate the high level of alcohol related crime or disorder. The Bylaw review is scheduled to commence in 2018/19.

Attachments

No.	Title	Page
a ⇩	Mt Smart Stadium concert alcohol ban area map	21
b ⇩	Mt Smart Stadium concert history 1985 - 2017	23
c ⇩	Coldplay monitoring report - 3 December 2016	25
d ⇩	Guns N Roses monitoring report - 4 February 2017	43
e ⇩	Justin Bieber monitoring report - 18 March 2017	71

Signatories

Authors

Ashleigh Pihema - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Victoria Villaraza - Relationship Manager

Maungakiekie-Tāmaki Local Board

22 August 2017

T⁯āmaki open space network plan

File No.: CP2017/14176

Purpose

1. To present the Tāmaki Open Space Network Plan for adoption.

Executive summary

2. Auckland Council’s Parks and Open Space Strategic Action Plan is implemented at local board level through the development of open space network plans.

3. The purpose of the plans are to set out actions to deliver a sustainable quality open space network that can respond to, and accommodate, anticipated population growth. Development of the network will provide the community with access to a range of recreational, social, cultural and environmental experiences.

4. The Tāmaki Open Space Network Plan (Attachment A) has been prepared in consultation with the Maungakiekie-Tāmaki and Ōrākei Local Boards and key stakeholders. Parks survey data and site visits have provided quantitative and qualitative information.

5. The key moves approved by the Maungakiekie-Tāmaki Local Board at the 28 February 2017 business meeting are:

· improve open space quality

· provide for play and informal recreation

· improve safety and surveillance

· reaffirm and revitalise the mana whenua identity

· improve biodiversity and water quality

· improve connectivity.

6. Prioritised actions, developed with the local board at a workshop on 21 March 2017, include local board advocacy, Tāmaki-wide projects and park specific projects.

7. The plan will need to be implemented within existing budgets. However, future budget allocation could be considered through the Long-term Plan and Annual Plan processes.

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a) adopt the Tāmaki Open Space Network Plan dated 8 August 2017

b) delegate approval of any final amendments to the document resulting from changes agreed at the meeting to the Chairperson of the Maungakiekie-Tāmaki Local Board and the Chairperson of the Ōrākei Local Board.

Comments

Background

8. Auckland Council’s Parks and Open Spaces Strategic Action Plan 2013 sets out a ten year direction for Auckland’s parks and open spaces. It explains how they contribute to the outcomes in the Auckland Plan.

9. The development of an open space network plan is a key tool to implement the Parks and Open Spaces Strategic Action Plan at a local level.

Tāmaki Open Space Network Plan

10. The Tāmaki Open Space Network Plan (Attachment A) was prepared in consultation with the Maungakiekie-Tāmaki and Ōrākei Local Boards and key stakeholders. It is informed by neighbourhood parks research from 2015 and 2017.

11. The Open Space Network Plan covers the Tāmaki regeneration area. It includes land in both Maungakiekie-Tāmaki and Ōrākei Local Board areas.

12. This plan was prioritised to allow the Maungakiekie-Tāmaki and Ōrākei Local Boards to respond to open space development and possible land exchanges proposed by the Tāmaki Regeneration Company (Attachment B).

13. The plan analyses the current state of the Tāmaki open space network and sets out six key moves that provide the framework for actions that inform future development and management over the next 10 to 15 years.

Current state

14. The main strengths of the existing open space network include:

· a well connected network of open spaces along the Tāmaki Estuary

· a rich cultural heritage.

15. The main challenges related to the existing open space network include:

· a lack of useable flat areas for informal recreation

· many open spaces have poor street frontage and are surrounded by high fences, which provides opportunities for antisocial behaviour to occur.

Key moves

16. The plan identifies six key open space moves in response to the strengths and challenges facing the existing open space network. These key moves were approved by the Maungakiekie-Tāmaki Local Board at the 28 February 2017 business meeting:

· improve open space quality

· provide for play and informal recreation

· improve safety and surveillance

· reaffirm and revitalise the mana whenua identity

· improve biodiversity and water quality

· improve connectivity.

Prioritised actions

The following principles have been considered when prioritising actions:

· existing capital works programme and contractual obligations

· local board priorities

· Healthy Waters priorities

· Tāmaki Regeneration Company development priorities.

Project delivery

17. A number of projects identified in the Open Space Network Plan are already funded and under way. The remaining projects have been prioritised and form part of the implementation plan.

Taniwha Reserve

18. The redevelopment of Taniwha Reserve is likely to be one of the first parks to be redeveloped. The Tāmaki Regeneration Company has identified the neighbourhood around Line Road and Epping Street as a priority area for redevelopment. A number of opportunities exist around Taniwha Reserve to improve the connectivity between Line Road and the Glen Innes town centre. This involves a proposed land exchange with the Tāmaki Regeneration Company to improve connections and street frontage for Taniwha Reserve.

19. Other parks likely to be redeveloped within one to three years are:

· Ruapotaka Reserve

· Maybury Reserve – West

· Colin Maiden precinct

· Te Tauoma (Purchas Hill)

· Riverside Reserve

· Dunkirk Reserve

· Mt Wellington War Memorial Reserve

· Panmure Wharf Reserve.

Risk

20. Table 1 below highlights identified risks for the local board’s attention.

Table 1: Risks

Risk	Mitigation
Public perception that the indicative land exchanges shown in the open space network plan are finalised	A communications plan has been prepared with the key messages around the proposed land exchanges including: · the land exchanges are subject to consultation and agreement of the governing body · the public will have an opportunity to participate via the Reserves Act 1977 process.
No future budget confirmed for the entire 10-year prioritised programme of work	· Identify funding via the Infrastructure Facilities Funding Agreement to fund priority open space projects. · Review the existing parks operation budget to ensure alignment to the Open Space Network Plan. · Parks operations prepares budgets and the local board advocates to the next Long-term Plan round.
Community expectation that the 10-year prioritised programme of work will be fully funded	· Manage community expectations: work with the key stakeholders to refine and reprioritise the priorities. · Keep the community updated about the open space achievements and barriers to success.

Consideration

Local board views and implications

21. The Maungakiekie–Tāmaki Local Board have been engaged in the preparation of the plan through a series of workshops and a report:

· 8 November 2016 – Workshop 1: introduction to the Open Space Network Plan, including an overview of the key findings of the parks user survey data and outline of the next steps

· 29 November 2016 – Workshop 2: current state analysis of the open space network

· 13 December 2016 – Workshop 3: key moves discussed

· 28 February 2017 – Local Board business meeting approval of the key moves

· 21 March 2017 – Workshop 4: priority actions discussed against the key moves.

22. Engagement with the Ōrākei Local Board has consisted of:

· 24 November 2016 – Workshop 1: introduction to the open space network plan and key moves

· 16 March 2017– Local Board business meeting approval of the key moves

· 23 March 2017– Workshop 2: priority actions discussed against the key moves.

23. The Tāmaki Open Space Network Plan will be reported to the 21 September 2017 meeting of the Ōrākei Local Board for adoption.

Māori impact statement

24. Staff have engaged with mana whenua at hui convened by the Tāmaki Regeneration Company. The iwi present identified the opportunity to integrate a mana whenua perspective into the Open Space Network Plan. This has been incorporated into the plan via key move four, reaffirm and revitalise the mana whenua identity.

25. The Ōrākei Local Board did not approve this key move as they had not had the opportunity to meet with mana whenua prior to their business meeting. However, following a meeting in May a similar opportunity was identified to integrate a mana whenua perspective into the Open Space Network Plan.

26. The Open Space Network Plan provides opportunities for mana whenua to become involved in the design of individual open spaces as part of the implementation of the open space network plan.

Implementation

27. Budgeted items will follow through to implementation via an Infrastructure Funding Agreement between Auckland Council and the Tāmaki Regeneration Company. The council has provided a fund to support approved works within the Tāmaki regeneration area that are critical to the successful enabling of the redevelopment. This includes expenditure on some parks and open space projects that have been approved by the local boards. The fund will also include growth revenues as part of the regeneration.

28. An implementation plan forms part of the network plan. The open space network plan will be implemented over the next 10 to15 years. There is no funding in the Long-term Plan 2015-2025 to implement projects in the Open Space Network Plan beyond renewal of existing assets and planned capital expenditure.

29. Priorities will be implemented as budget becomes available.

Attachments

No.	Title	Page
a ⇩	Tāmaki Open Space Network Plan	103

Signatories

Authors

Emma Golightly - Team Leader - Parks and Recreation Policy

Authorisers

Paul Marriott-Lloyd - Senior Policy Manager

Kataraina Maki - GM - Community & Social Policy

Victoria Villaraza - Relationship Manager

Maungakiekie-Tāmaki Local Board

22 August 2017

Feedback on the proposed direction of the Auckland Regional Pest Management Plan

File No.: CP2017/11875

Purpose

1. To provide feedback on the proposed direction of management programmes being developed as part of the Auckland Regional Pest Management Plan review.

Executive summary

2. Auckland Council is currently undertaking a review of its Regional Pest Management Plan. This plan is prepared under the Biosecurity Act 1993, and describes the pest plants, animals and pathogens that will be controlled in Auckland. It provides a framework to control and minimise the impact of those pests and manage them through a regional approach.

3. The National Policy Direction for Pest Management identifies five approaches that can be implemented to manage pests including exclusion, eradication, progressive containment, sustained control, and site-led programmes as further described in this report.

4. This report seeks feedback from the Maungakiekie-Tāmaki Local Board on the proposed management approach for some specific regional programmes as detailed in Attachment A, in particular:

· Cats

· Possums

· Widespread weeds

· Ban of sale of some pest species.

5. The proposed Regional Pest Management Plan will be presented to the Environment and Community Committee in November 2017 seeking approval to publically notify the draft plan. Feedback from all local boards will be included as a part of this report.

6. A range of pest species and issues have previously been discussed with the Maungakiekie-Tāmaki Local Board, and the approaches being developed for these local board specific interests have been included as Attachment B. Feedback on these approaches is also being sought.

Recommendations

That the Maungakiekie-Tāmaki Local Board:

a) provide feedback on the proposed direction of specific regional and local programmes being considered as part of the Auckland Regional Pest Management Plan review (as per Attachment C of the agenda report).

Comments

Background

7. A Regional Pest Management Plan is a statutory document prepared under the Biosecurity Act 1993 for controlling pest plants, animals and pathogens in the region.

8. Auckland Council is currently reviewing its 2007 Regional Pest Management Strategy, prepared by the former Auckland Regional Council. The expiry date of 17 December 2012 was extended to 17 December 2017, while the National Policy Direction on Pest Management was completed and changes to the Biosecurity Act were made.

9. On 14 February 2017, the Environment and Community Committee resolved that council’s current strategy is inconsistent with the National Policy Direction on Pest Management 2015, and that the changes necessary to address the inconsistencies could not be addressed by minor amendment to the current Regional Pest Management Strategy (resolution ENV/2017/7). As a consequence of this determination, council is required to initiate a review to address the inconsistency, in accordance with section 100E(5) of the Biosecurity Act by 17 December 2017, which is the date that the current plan will expire.

10. For a proposal to be initiated, council is required to have resolved by 17December 2017 that it is satisfied a proposal has been developed that complies with sections 70 and 100D(5) of the Biosecurity Act. A report on the proposed Regional Pest Management Plan will be considered at the November 2017 Environment and Community Committee meeting in order to meet this deadline.

11. Once operative, following public consultation, governing body approval of the plan, and resolution of any appeals, the plan will empower Auckland Council to exercise the relevant advisory, service delivery, regulatory and funding provisions available under the Biosecurity Act to deliver the specified objectives for identified species using a range of programme types.

Programme types

12. The National Policy Direction for Pest Management 2015 outlines five different management approaches that can be implemented to manage pests through a pest management plan. These approaches are defined as ‘programmes’:

· Exclusion – aims to prevent the establishment of a pest that is present in New Zealand but not yet established in an area

· Eradication – aims to reduce the infestation level of the pest to zero levels in an area in the short to medium term

· Progressive containment – aims to contain or reduce the geographic distribution of the pest to an area over time

· Sustained control – provides for the ongoing control of a pest to reduce its impacts on values and spread to other properties

· Site-led pest programme – aims to ensure that pests that are capable of causing damage to a place are excluded or eradicated from that place, or contained, reduced or controlled within the place to an extent that protects the values of that place.

13. A regional pest management plan sets out programmes as listed above, but does not specify the methodology for achieving these objectives.

Previous engagement

14. Engagement on the revision of the plan has been ongoing since 2014 including local board members, mana whenua, council and council-controlled organisation staff, industry representatives, and the wider public. Further information on engagement has been included as Attachment D.

Key regional issues

15. During engagement on the issues and options paper and wider public consultation on the discussion document, key issues were raised in relation to cats, possums, widespread pest plants, and the ban of sale of some pest species. Feedback is being sought on these specific programmes, as they are either likely to be of wide public interest or are proposed to be delivered through a new approach.

16. A summary of the proposed approach for each of the regional programmes currently being developed is set out below. Additional information including the current management approach and rationale for change has been included in Attachment A.

· Cats: Redefining the definition of a pest cat to enable greater clarity for the management of ‘unowned’ cats when undertaking integrated pest control in areas of high biodiversity value

· Possums: Proposing a shift from possum control focused on areas of high biodiversity to a region-wide programme

· Widespread pest plants: Shifting from species-led enforcement to a multiple species site-led programme focused on parkland with significant ecological areas

· Ban of sale for some pest species: Increasing the number of pest species (both plants and animals) currently banned from sale.

17. Previous feedback from the Maungakiekie-Tāmaki Local board at a portfolio meeting held on the 9 June 2014, and more recently at its 4 July 2017 workshop in relation to these issues is summarised below:

· Cats: Board members noted the cats are an issue in the area. The method of cat control via subdivision conditions and covenants was discussed, which sits outside the regional pest management plan process.

· Possums: Economic drivers of possum control were discussed, including impacts on primary production.

· Widespread pest plants: Widespread pest plants such as moth plant and privet are an issue in the local board area and also cause health issues for residents. The board considered that council should retain the option of enforcement to manage pests, including widespread pest plants in urban areas.

· Ban of sale for some pest species: Economic impacts on businesses (e.g. palm growers) need to be considered.

Maungakiekie-Tāmaki specific issues

18. In addition to the specific regional issues, the Maungakiekie-Tāmaki Local Board has provided feedback at a portfolio meeting held on 9 June 2014, and 4 July 2017 workshop in relation to the issues discussed in Attachment B. The proposed approach in relation to these issues, and the rationale, is also provided in Attachment B.

19. Specific pest management issues previously identified by the Maungakiekie-Tāmaki Local Board included:

· Transport corridor weeds: The issue of weeds on rail and road corridors, and the need for Council Controlled Organisations and adjacent landowners to control them.

· Weeds on Council land: The need for Council to more effectively control weeds on Council land if the public are asked to control their own weeds.

· Feral pigs: Discussion of feral pigs as vectors for Kauri dieback disease.

· Wasps: Noted as a key pest due to their impact on the wild bee population and impact on human health.

· Marine pests: No current contracts for Trans-Tasman shipping at the Onehunga Port, so as a pathway the port is not a big concern.

· Freshwater pests: Koi carp noted as an issue in the area.

· Rats: Noted as a pest in the area.

· Education around pests: Request for the provision of information and advice on pest identification, impacts and control for members of the public.

· Community pest control: The need for Council and community pest control initiatives to work together and support each other. Acknowledgement of the great work volunteer groups are doing, including recent projects to remove moth plant pods.

· Impact of pests on human health: The need for the RPMP to include and prioritise pests that have deleterious impacts on human health and wellbeing.

20. This report seeks feedback from the local board on the direction of the proposed regional pest management plan, guided by the regional and local board relevant approaches outlined in this report. Attachment C has been provided to facilitate formal feedback from the local board at its August 2017 business meeting.

Financial implications

21. The budget for implementing the plan will be confirmed through the Long-term Plan 2018-2028 process. Consultation on the Regional Pest Management Plan is proposed to be aligned with consultation on the Long-term Plan in early 2018.

Consideration

Local board views and implications

22. A portfolio meeting was held with Maungakiekie-Tāmaki Local Board members on 9 June 2014, where the issues raised in Attachments A were discussed. A recent workshop with the board was held on 4 July 2017 to discuss the proposals set out in this report. Feedback provided at these workshops has been considered under the Maungakiekie-Tāmaki specific issues in Attachment B.

Māori impact statement

23. Section 61 of the Biosecurity Act requires that a Regional Pest Management Plan set out effects that implementation of the plan would have on the relationship between Māori, their culture, and their traditions and their ancestral lands, waters, sites, maunga, mahinga kai, wāhi tapu, and taonga.

24. Engagement has been undertaken with interested mana whenua in the Auckland Region as described earlier in this report and conversations are ongoing. In addition, staff are working closely with mana whenua on the development and implementation of a range of biosecurity programmes, providing opportunities for mana whenua to exercise kaitiakitanga, through direct involvement in the protection of culturally significant sites and taonga species. The impact statement required by section 61 of the Biosecurity Act, along with feedback received by mana whenua, will be part of the development of the draft plan for consultation.

25. Some key topics raised during hui and kōrero with mana whenua included management of species such as cats, rats, rabbits, mustelids, deer, pest birds, freshwater pest fish, widespread weeds, emerging and future weeds (including garden escapees), and kauri dieback disease.

26. Mana whenua recognised cats were an increasing problem, indicating a desire for cat-free areas next to sensitive sites. There was also support for kauri dieback disease to be included in the proposed plan as it will enable implementation of regionally specific pathway management rules for kauri protection. Mana whenua identified a strong partnership with council and regional leadership in their role as kaitiaki and owners of kauri in many rohe.

27. Wider issues raised included:

· the importance of building the capacity of mana whenua to directly undertake pest management in each rohe

· acknowledgement that council should control pests on its own land if asking public to do the same on private land

· the definition of pests versus resources (such as deer and pigs)

· the need for coordination of all environmental outcomes across the region, and the alignment of the Regional Pest Management Plan document with other plans, such as Seachange

· the need for more education around pests

· the need to look holistically at rohe (regions)

· the importance of community pest control by linking scattered projects

· the need for the plan to be visionary and bicultural, reflecting Te Ao Māori, Te Reo.

Implementation

28. As the management approaches proposed in the Regional Pest Management Plan will have financial implications, consultation on the plan is proposed to be aligned with consultation on the Long-term Plan. This will ensure that any budget implications are considered through the Long-term Plan process.

Attachments

No.	Title	Page
a ⇩	Key regional issues for the Regional Pest Management Plan	231
b ⇩	Maungakiekie-Tāmaki Local Board issues for the Regional Pest Management Plan	233
c ⇩	Regional Pest Management Plan feedback form	237
d ⇩	Previous engagement on the Regional Pest Management Plan	241

Signatories

Authors

Dr Nick Waipara – Biosecurity Principal Advisor

Dr Imogen Bassett – Environmental Advisory Manager

Rachel Kelleher – Biosecurity Manager

Authorisers

Barry Potter - Director Infrastructure and Environmental Services

Victoria Villaraza - Relationship Manager

Maungakiekie-Tāmaki Local Board

22 August 2017

Governance Framework Review recommendations

File No.: CP2017/16909

Purpose

1. This report seeks local board feedback on the draft positions of the Governance Framework Review’s Political Working Party.

Executive summary

2. The governance framework review (GFR) was initiated to assess how well the Auckland governance model (governing body/local boards) is meeting the aims of the 2010 reforms. The review was reported in late 2016 and a political working party (PWP) made up of local board and governing body members was established to consider the review’s findings and recommendations.

3. The working party has considered the report’s recommendations in three broad workstreams:

· policy and decision-making roles

· local boards funding and finance

· governance and representation.

4. This report sets out the interim positions of the political working party on those three workstreams and seeks local board feedback on those positions. The working party will report back to the governing body on 28 September 2017 with recommendations for decisions, including local boards’ views.

Recommendations

That the Maungakiekie-Tāmaki Local Board:

a) Provide feedback on the following draft positions and recommendations of the Political Working Party:

Regional policy and decision-making

i. Agree that council should implement new mechanisms that ensure effective local board input to regional policy decisions, via a framework that sets out, at a minimum:

· A process for involving local boards in the development of regional work programmes at the beginning of each term and in an annual refresh;

· Earlier and more joint engagement between local boards and the governing body in regional decision-making processes

· Requirements for analysis of local impacts and local interest of regional decisions and options, and reporting of this to local boards and the governing body

· Specified criteria for categorising the potential local impact and local board interest of regional decisions

· Processes and methods for tailoring local board engagement in line with the local impact and local interest of regional decisions e.g. high categorisation requiring more specific local engagement and analysis, low categorisation requiring more cluster joint local board workshop sessions and less in depth analysis.

· Specified methods for engagement and communication with local boards at all stages of the decision-making process.

ii. Direct that local boards will be consulted on the details of these mechanisms prior to implementation.

iii. Note that the Quality Advice programme is continuing to be implemented in order to improve the quality of advice to elected members for decision-making, in line with the recommendations of the Governance Framework Review.

iv. Agree not to implement any formal policies or procedures that control when and how local boards may procure external or contestable advice, but note that, in principle, the Auckland Council organisation should be the first provider of advice to local boards.

v. Agree not to implement any policy or procedure that would limit local boards’ ability to advocate to the governing body on regional issues.

Local decisions that may have regional impacts (development of a ‘call-in’ right)

vi. Note that an explicit call-in right is not possible under the Local Government (Auckland Council) Act

vii. Agree not to implement any mechanism that would have the effect of ‘calling in’ or allocating decision-making to the governing body for otherwise local activities or decisions that have regional implications.

viii. Direct officers that, whenever a local board is to make a decision that has potential impacts beyond the immediate local board area e.g. a sub-regional impact or an impact on regional networks, advice on those potential impacts is to be provided to the local board as a matter of course (for example through a regional impact statement).

Allocations and delegations

ix. Agree that the governing body delegates, subject to the necessary statutory tests being met, the following Reserves Act 1977 decision-making functions for local reserves to local boards:

· declaration

· classification

· reclassification

· application for revocation of reserve status (limited to when there is a desire by a local board to manage open space under the LGA)

x. Note that officers’ advice on decision-making for exchanges of reserve land was that it should remain with the governing body, with the relevant local board consulted on these decisions

xi. Note that the working party did not reach consensus on this issue, and will consider the feedback of local boards before making a recommendation

xii. Agree that the Minister of Conservation’s supervisory powers remain delegated to staff, but where there is likely to be significant public interest, an independent commissioner should be engaged.

The role of Auckland Transport and local boards

xiii. Note the critical interface between the local place-shaping role of local boards and Auckland Transport’s jurisdiction over the road corridor and transport networks.

xiv. Note that the Governance Manual for Substantive CCOs requires Auckland Transport, amongst other things, to:

· develop, with local boards, a shared understanding of local board views and CCO priorities to inform the following year’s business planning, including through an annual interactive workshop ‘where local boards communicate their local board priorities and the CCOs communicate how their current year work programme will contribute to local board priorities’.

· develop by 31 July each year an annual local board engagement plan, which includes a schedule ‘clearly indicat[ing] for each board, the projects and/or activities that it expects to report on, and the projects and activities that it expects to consult on, for the following year. This should be updated annually or more frequently if required.’

· report against their local board engagement plan in their quarterly performance reports to the CCO Governance and Monitoring Committee.

xv. Direct Auckland Transport to meet all requirements for local board engagement as set out in the Governance Manual for Substantive CCOs.

xvi. Direct Auckland Council officers to monitor Auckland Transport’s compliance with the requirements for local board engagement, as set out in the Governance Manual for Substantive CCOs, and to report this monitoring to the governing body at least annually.

xvii. Note that the Mayor’s 2017 letter of expectation to Auckland Transport stipulated that council expects there to be:

· better and earlier engagement and communication between Auckland Transport and local boards;

· active consideration by Auckland Transport of which of its decision-making powers it could delegate to local boards (within the constraints created by the regulatory environment, safety considerations, the needs of regional networks and the role played by NZTA in decision-making).

xviii. Note that the following activity statement has been included in Auckland Transport’s 2017-2020 Statement of Intent:

‘Participation in the governance review which is aimed at changing behaviours and processes across relevant Council family activities, including Auckland Transport, to enable local boards to give effect to their governance role, particularly around local place-shaping.’

xix. Note that the Governance Framework Review has investigated the potential delegation of a range of Auckland Transport powers and the working party recommends that additional work be undertaken to identify delegation opportunities

xx. Direct Auckland Transport, in working with local boards, to:

· Ensure that local boards have a strong governance role in determining the ‘look and feel’ of town centres and streetscapes, in line with their allocation of non-regulatory decision-making

· Improve co-ordination between local place-shaping projects, such as town centre upgrades, and its renewals programmes

· Provide more opportunities for local board direction on the prioritisation of minor traffic safety projects, with the exception of those which Auckland Transport considers are of critical safety importance

· Be more responsive to local place-shaping initiatives in non-transport parts of the road corridor, including reducing or removing barriers to community place-making initiatives e.g. looking at ways to reduce the costs of developing traffic management plans for community events

· Take direction from local boards on how and where to implement community-focused programmes

xxi. Direct Auckland Transport to report to the governing body annually on how it is meeting the directions given under recommendation xx.

xxii. Note that the Quality Advice programme has been working with Auckland Transport to improve the quality of advice to local boards and will shortly begin regular six monthly surveys of local board members’ satisfaction with Auckland Transport advice, engagement and reporting to local boards.

xxiii. Note that the Local Board Transport Capital Fund is valued by local boards but that the level of funding means that some boards are not able to progress meaningful projects, and that improved local transport outcomes may be achieved if the size of the fund was significantly increased.

xxiv. Direct officers to report to the relevant governing body committee, through the Long Term Plan process, on options for significantly increasing the Local Board Transport Capital Fund and the method of allocation of the fund.

xxv. Direct Auckland Transport to implement a more systematic work programme approach to assist local boards to identify potential projects and make decisions.

xxvi. Direct Auckland Transport to actively engage with governing body members (ward councillors) on transport projects and issues within their ward areas.

Waiheke Local Board pilot

xxvii. Agree that the governing body should endorse the Waiheke Local Board pilot project as set out in the Waiheke Local Board pilot project plan.

xxviii. Note that the Waiheke Local Board will maintain oversight of local implementation of the pilot.

Local boards funding and finance

xxix. Agree that the enhanced status quo model be progressed now, giving as much additional decision making to local boards as possible within that framework.

xxx. Agree that the additional work to support the Enhanced status quo model be undertaken – framework for service levels and local flexibility, options for addressing historical uneven funding, improving the information and advice that is provided to local boards.

xxxi. Agree that further work on the implications of the local decision making model also be undertaken for further consideration - modelling of rates implication following the revaluation, costs to the organisation of supporting more local decision making etc.

The optimum number of local boards

xxxii. Agree that council should undertake no further work on changing the number of local boards until at least after the governance framework review has been completed and implemented, and the outcomes of reorganisation proposals that are underway for North Rodney and Waiheke Island are known.

Methods of electing governing body members

xxxiii. Agree that a change to the current system of electing governing body members from existing wards is not warranted purely to address alignment between governing body members and local boards

xxxiv. Note that the statutory review of representation arrangements for Auckland Council must be completed by September 2018.

xxxv. Note that the Local Government Act Amendment Bill No. 2, which proposes a simplified process for local government-led reorganisation processes, is currently before Parliament.

xxxvi. Agree that council should continue to advocate to central government for legislative amendments that would allow changes to the number of governing body members in line with population changes, and simplification of the process for changes to numbers and boundaries of local boards.

b) Provide feedback on whether decision-making for exchanges of reserve land should sit with the governing body or local boards

c) Provide feedback on its preferred naming conventions for governing body members and local board members

d) Provide feedback on options for the continuation of a joint local board/governing body political working party focusing on matters of governance impacting on both governance arms.

Comments

Background

5. In early 2016, Auckland Council instigated a review of the Council’s governance framework as set out in the Local Government (Auckland Council) Act 2009, focusing on the complementary governance relationship between local boards and a governing body. The review did not consider Auckland Council’s CCO governance framework or the role of the Independent Māori Statutory Board (IMSB).

6. The primary purpose of the review was to assess how the Auckland governance model is meeting the aim of the Auckland governance reforms by delivering strong regional decision-making, complemented by decisions that meet diverse local needs and interests. After nearly six years since Auckland Council was established, it was an appropriate point to look at this.

7. The intention was to complete the review prior to the 2016 local government election and to provide advice to the incoming council about any recommended changes. The review was carried out by an independent consultant.

8. The review focused on improvements to the governance framework, not fundamental reform. It was based on extensive interviews with elected members, staff, council-controlled organisations (CCOs) and external stakeholders, as well as review and research of foundation documents and other material.

9. A report summarising the findings of the review was issued in draft form to elected members in late August 2016 and discussed with elected members at workshops. The feedback received on the draft from elected members was largely supportive of the findings. The report was finalised in November 2016, and incorporated some minor changes based on the feedback of the elected members.

10. In December 2016 the governing body established a political working party of governing body members and local board members to consider the GFR report and oversee the development of a work programme to explore the implications of its findings then make final recommendations to the Governing Body. The political working party has been considering issues and options via a series of working papers and presentations during the first half of 2017. It will report to the Governing Body in September.

Key findings of the Governance Framework Review

11. The review concluded that there were a number of positive aspects of the governance model from both a regional and local perspective. This includes the ability for the Auckland region to ‘speak with one voice’ to important stakeholders, such as central government, regarding regional strategic planning and infrastructure development, and enabling local decision-making that provides a local community focus in a way that did not exist under the previous arrangements. However, it also identified a number of areas for improvement, which fall under four key themes:

· Organisational structures and culture have not adapted to the complexity of the model:

The review found that the organisation has had challenges in responding to the unique and complex governance arrangements in Auckland, and that this has impacted on the quality of advice and support for elected members.

· Complementary decision-making, but key aspects of overlap:

The review touched on a number of decision-making functions where there is overlap between the Governing body and Local Boards, or a lack of clarity about respective roles of the two governance arms.

· Lack of alignment of accountabilities with responsibilities:

The review found that the system of decision-making creates incentives for governing body members to act locally despite regional benefits and that local boards are incentivised to advocate for local service improvements, without having to make trade-offs required to achieve these.

· Local boards are not sufficiently empowered:

The review identified that there are some practices that are constraining local boards from carrying out their role, including the inflexibility of funding arrangements and difficulties in feeding local input into regional decision-making. It also noted particular local frustrations in relation to transport decision-making.

Approach of the political working party and structure of this report

12. The working party has been considering the thirty six recommendations of the GFR. They are grouped in to the following workstreams:

· policy and decision-making roles

· local boards funding and finance

· governance and representation

13. These first three workstreams are nearing completion. A fourth workstream, organisational support, is in its early stages and will consider improvements to the way the organisation supports the Auckland governance model, including any changes that arise from this review.

14. This report briefly sets out the issues presented to the political working party in the first three workstreams, the recommendations, and the draft position the PWP has reached. Local board feedback on these directions is sought. A more in-depth discussion of the analysis, rationale and options development for each issue is available in relevant discussion documents appended to this report.

15. A high level summary of all GFR report recommendations and how they were progressed (or not) is attached as Appendix A. Several recommendations were not progressed for various reasons and these are noted in the table.

16. In considering the GFR report recommendations, options were developed and assessed against the following criteria endorsed by the political working party and approved by the governing body:

· consistency with the statutory purpose of local government

· provision for decision making at the appropriate level, as set out in Section 17 of the Local Government (Auckland Council) Act 2009 and consistency with the subsidiarity principle

· contribution to improving role clarity between the two arms of governance, both internally and for the public

· provision for increased empowerment of local boards, especially in their place shaping role

· ensuring appropriate accountability and incentives for political decisions

· contribution to improved community engagement with, and better services for Aucklanders

· administrative feasibility, including efficiency and practicality of implementation.

Workstream 1: Policy and decision-making roles

17. This workstream covers the following topics:

· Regional policy and decision-making processes

· Tension between local and regional priorities (development of a ‘call-in’ right)

· Allocations and delegations

· The role of local boards and Auckland Transport in local place-shaping

· A pilot for devolving greater powers to Waiheke Local Board.

Regional policy and decision-making processes

18. The GFR found that:

· There is no agreed strategic framework for regional policy development that adequately addresses governing body and local board statutory roles^{^[1]}

· The timing of regional decision-making is not well-planned across the organisation. Local boards in particular do not have good visibility of the timing of regional decisions

· Considerable time and resource commitments are required to seek local board input on regional decisions

· Local boards do not receive quality advice to inform their input, and advice to the governing body and local boards often lacks analysis of local impacts.

19. To address these issues, the GFR recommended that council should:

· Bring both arms of governance together early in the policy development process to clarify respective roles

· Increase the use of joint briefings and workshops where relevant

· Develop a methodology that clearly identifies local boards’ role in regional decisions

· Develop tools to enable local board input earlier into regional policy development

· Develop a clear policy on the commissioning of contestable advice, including a conflict resolution process

· Continue to embed the programme for improving the quality of policy advice

· Consider limiting the ability of local boards to advocate on regional policy issues (particularly investment), once due consideration has been given.

20. Two options were assessed for implementing better policy development processes that would ensure effective local board input to regional policy decisions:

· Option 1 that involves implementing a framework with mechanisms to ensure effective local board input to regional policy decisions, and specifies methodologies and ways of working to address these procedural deficiencies identified by GFR

· Option 2 that involves the same framework plus politically adopted principles, in order to provide greater political direction and set public and political expectations.

21. Both options were considered to lead to better policy development, more empowerment of local boards, and to better fulfil statutory obligations. Option 2 was recommended on the grounds that it was more likely to result in greater political accountability. Option 1 was favoured by the PWP.

22. The following recommendations were also made to the PWP:

· The Quality Advice programme should continue as an organisational priority

· Council should not implement a policy or process on the commissioning of contestable advice, nor a formal conflict resolution process, as neither are considered to be needed or proportional to the scale of the problem

· Council should not implement a policy to limit the ability of local boards to advocate on regional policy issues, as it would not be in line with local boards’ statutory role to advocate on behalf of their communities.

23. The PWP’s position is that:

· A framework that implements mechanisms to ensure effective local board input to regional policy decisions would be useful, and local boards will need to be consulted on this prior to its implementation;

· Council should not implement a policy or process on the commissioning of contestable advice, nor a formal conflict resolution process, nor a policy to limit the ability of local boards to advocate on regional policy issues. It was considered that such policies or procedures are unnecessary and would be out of proportion to the scale of any problems.

24. In line with this position, recommendations i-v have been drafted. Local board feedback is sought on these.

25. More details on the analysis, options considered and rationale is available in the working paper ‘Regional decision-making and policy processes’ (Appendix B).

Next steps

26. A framework setting out mechanisms to ensure effective local board input into regional decisions will be developed in line with the high level direction in the discussion document and the recommendations above. It will be workshopped with local boards in the implementation phase of GFR.

27. How organisational advice is provided, and by who, is a key question that needs to be considered; resource constraint issues, specifically around the ability of the organisation to service local board requests for advice on regional issues or to develop local policy, were a common theme encountered during this workstream. This is particularly important given that implementation of this framework may require more in depth and involved work to provide advice to local boards. This will be considered through the Organisational Support workstream.

Local decisions that may have regional impacts (development of a ‘call-in’ right)

28. The GFR concluded that the current governance model ‘provides limited incentives for local boards to consider local assets in a regional context, or contemplate divestment or re-prioritisation of assets or facilities in their local board areas. This leads to situations where conflict between local decision-making and regional decision-making arises.’

29. The report cited the hypothetical example of a local sports field which has been identified as having capacity to be developed and contribute to the regional strategy to grow regional capacity in the sports field network, but the local board does not support this development because of the possible impacts on local residents of increased noise, traffic and light. The local board has the ability to decide against the development on the basis of those concerns, with the regional impact of that decision being a resultant shortfall in sports field capacity.

30. To address this issue, the GFR recommended that council should develop a process which would allow the governing body to ‘call-in’ decisions about local assets where there is an important regional priority.

31. Analysis showed that these situations occur very rarely, but when they do they usually have potentially significant or serious implications.

32. Legal analysis showed that an explicit ‘call-in’ right is not possible under LGACA or the Local Government Act 2002 (LGA) but could be achieved through other mechanisms such as amendments to the allocation table. A range of options to address the problem were developed:

· Option 1: Enhanced status quo (with a focus on council staff ensuring that advice to local boards covers possible regional implications of a decision where they exist)

· Option 2: Establishing a process to bring both arms of governance together to attempt to reach a solution that appropriately provides for regional and local priorities

· Option 3: Amending the allocation of decision-making to allocate to the governing body decision-making over an asset that is currently local in a situation where there is a regional or sub-regional need or impact

· Option 4: Amending the allocation of decision-making as per Option 3, and also delegating the decision to a joint committee of governing body and local board members.

33. Option 3 was recommended to the PWP, noting that specific criteria would need to be developed to ensure that it would apply only in certain situations.

34. More details on the analysis, options considered and rationale is available in the discussion document ‘Allocations and delegations’ Part 1: Local decisions that may have regional impact (Appendix C).

35. The PWP’s draft position is that no call-in right, nor any mechanism that would have a similar effect by removing local decision-making, should be implemented; local decision-making that has been allocated to local boards should remain un-fettered on the basis that local boards can make decisions in the context of regional implications if appropriate advice is provided. To that end, a mechanism should be implemented to ensure that local boards are clearly advised of any potential regional or sub-regional implications of a decision that they are asked to make.

36. Recommendations vi – viii summarise these positions. Local board feedback on these is sought.

Next steps

37. If this direction is adopted, a regional impact statement will be included in reports to local boards where the decision required has the potential to have an impact beyond the immediate local board area.

Allocations and delegations

38. The GFR found that most elected members ‘felt that the split of decision-making allocation was reasonably well understood and sensible’, but there were several areas where the allocation (and/or delegations) was challenged. The GFR recommended that council review the delegated responsibilities to local boards for swimming pool fencing exemptions, setting time and season rules for dog access, the role of local boards in resource consent applications, and in various Reserves Act 1977 decisions.

39. Three of the issues identified in the GFR report either have already been addressed or will shortly be addressed:

· Delegations for granting swimming pool fencing exemptions have been superseded by legislative change that aligns the granting of these exemptions with other safety and building regulation powers in the Building Act 2004, which are delegated to staff;

· Delegations on setting time and season rules for dog access will be reviewed through the review of the Dog Management Bylaw, initiated by the Governing Body in March 2017. An issues and options paper is expected in November 2017 and the review will be completed before 2019;

· The role of local boards in resource consent applications was considered by a political working party in 2016. It made recommendations for refining triggers for providing information about resource consent applications to local boards and adopting a standard practice for local boards to speak to local views and preferences in hearings. These recommendations were adopted by the Hearings Committee in September 2016.

40. Work therefore focused on issues regarding the role of local boards in decision-making under the Reserves Act 1977.

41. Currently, local boards are allocated non-regulatory decision-making for ‘the use of and activities within local parks’, and ‘reserve management plans for local parks’. However, the council’s Reserves Act regulatory decisions are the responsibility of the governing body. The GFR report concluded that ‘where a local park has reserve status under the Reserves Act, it can impact or limit the decision-making authority of local boards in relation to that park’. The GFR recommended that there ‘is a case for local boards having consistent decision-making rights across all local parks’, regardless of which legislative regime they are managed under.

42. Various options were developed for the following Reserves Act powers:

· declaring land to be a reserve, which brings it into the regime set out by the Reserves Act

· classifying or reclassifying a reserve, which has an impact on how the reserve can be used

· requesting the revocation of reserve status from the Minister of Conservation

· exchanging, acquiring and disposing of reserve land.

43. These options were generally:

· status quo (decision-making continues to lie with the governing body)

· delegate decision-making for local reserves to local boards

· delegate decision-making for local reserves to local boards, subject to development of a regional policy to provide some consistency across the region.

44. The role of local boards with regard to the Minister of Conversation’s delegated supervisory powers, which are a process check that requires council to ensure that Reserves Act processes have been followed correctly, was also considered.

45. The positions recommended to the PWP were as follows:

· The council’s substantive decision-making powers to classify and reclassify reserves should be delegated to local boards, on the basis that it would provide for local decision-making and accountability. There would likely be negligible effects on regional networks or issues with regional consistency.

· The decision-making power to declare a reserve and to request revocation of reserve status should be delegated to local boards, subject to regional policy or guidelines to provide some consistency about the land status of open space. This would balance local decision-making and accountability with regional consistency and network impacts.

· The Minister of Conservation’s delegated ‘supervisory’ powers should remain delegated to staff, but where a decision is likely to be contentious or there may be multiple objections, staff should consider employing an independent commissioner to carry out this function. This was on the basis that the supervisory decision is a technical check that the correct process has been followed, and it should be exercised by a different decision-maker than the maker of the substantive decision.

46. In deciding whether to delegate these decisions, the governing body will need to consider the requirement set out in Clause 36C(3) of Part 1A of Schedule 7 of the LGA to “weigh the benefits of reflecting local circumstances and preferences against the importance and benefits of using a single approach in the district”. This test will need to be carried out individually for each specific power that is proposed to be delegated.

47. The PWP also considered the roles of local boards in reserve exchanges. Two options were developed:

· Status quo: decision-making on reserve exchanges remains with the governing body, in line with decision-making for acquisition and disposal of non-reserve property

· Decision-making is delegated to local boards.

48. It was recommended that the status quo remains, as this would retain a consistent approach to the acquisition and disposal of all assets and avoids introducing further complexity, time and cost to RMA plan change and consent decisions (which are currently governing body decisions).

49. The PWP agreed that decisions on declaration, classification, reclassification and application to revoke reserve status for local reserves should be delegated to local boards. It also agreed that the Minister of Conservation’s supervisory powers should remain delegated to staff, but that an independent commissioner should be engaged to exercise this function where the decision sought is likely to be of significant public interest. This would provide an additional layer of independent assurance that the decision-making process has been appropriate.

50. The PWP discussed the decision-making for exchanges of reserve land and did not reach a consensus position on which option should be progressed. It agreed to consider the feedback of local boards on this issue before making a recommendation.

51. The PWP’s positions have been summarised in recommendations ix - xi. Local board feedback is sought on these.

52. More details on the analysis, options considered and rationale is available in the discussion documents ‘Allocations and delegations’ Part 2: Reserves Act decision-making roles (Appendix C) and ‘Reserve Act land exchanges’ (Appendix D).

Next steps

53. The governing body will be presented with the necessary recommendations and legal tests to enable it to make delegations at its September meeting if this position is confirmed.

The role of local boards and Auckland Transport in local place-shaping

54. The GFR report found there is frustration among some local board members with respect to transport decision-making and the local board role of place-shaping within and beside the road corridor. It noted common concerns among local board members that:

· there is a lack of timely, high-quality information about local transport activity

· the community holds local board members accountable for local transport decisions, but they have very little influence over them

· Auckland Transport could be delegating some transport responsibilities to boards, particularly in relation to local transport and place-making in town centres.

55. There are mixed views amongst board members on the quality and purpose of consultation: while some local board members feel there is genuine consultation and engagement from Auckland Transport, others feel that it can be late or lack authenticity. There also appear to be different expectations of respective roles in consulting the public, and concerns about a lack of timely, high-quality information, and the quality of advice on the local board Transport Capital Fund.

56. To address these issues, various options were developed for decision-making roles, funding for local transport initiatives, and engagement between Auckland Transport and local boards.

Decision-making roles

57. A range of decision-making functions were assessed for potential delegation to local boards. This included, for example, decision-making over major and minor capital investment, non-road parts of the road corridor for a variety of uses, event permitting and traffic management planning, signage and banners, regulatory controls over parking, traffic and transit lanes, traffic calming, physical infrastructure (including town centre infrastructure as well as kerb and channelling or swales for stormwater), and community education programmes.

58. Delegation of decision-making functions to local boards generally did not perform well on evaluation criteria. Analysis showed that while local boards do and should have a role in place-making, of which the road corridor and town centres are a significant part, it is practically difficult to split up formal decision-making for parts of the transport network.

59. In addition, Auckland Transport remains liable for the impacts of decisions even if they are delegated. Therefore, the functions that could be delegated tend to be quite low-level and operational in nature; the administrative and transactional costs of numerous operational decisions being made by local boards would be high.

60. For these reasons, advice to the PWP was that the place-making role of local boards would be better given effect to through other options assessed:

· earlier and more consistent engagement by Auckland Transport which acknowledges the local governance and place-shaping roles of local boards, and is in line with the expectations set out in the Governance Manual for Substantive CCOs.

· an increase in the local board Transport Capital Fund, which would likely result in greater delivery of local transport projects and local transport outcomes.

· a direction for Auckland Transport to undertake various other actions that will empower local boards’ place shaping in the transport corridor.

Funding

61. The options for changes to the local board Transport Capital Fund were:

· Option 1: Status quo – the fund remains at approximately $11 million with the current method of allocation.

· Option 2: A recommendation to increase the size of the fund from the current inflation-adjusted value of $11 million to $20 million, as well as improvements to provide local boards with better advice and a more systematic work programme approach to managing projects. Process improvements and better advice to local boards may improve outcomes from the fund.

· Option 3: A full review of the purpose and operation of the fund. When the fund was first established in 2012, a review was committed to during the development of the 2015-25 LTP but this never took place. No subsequent policy analysis has been undertaken to determine whether the fund is currently operating optimally.

62. The PWP took the position that the local board transport capital fund should be increased significantly, and that an appropriate final quantum for the fund should be determined through the long-term plan process alongside other budget priorities. The method of allocating this fund across local boards should also be considered through the long-term plan process.

It also considered that Auckland Transport should provide local boards with a more systematic work programme approach to identifying options for projects and local transport outcomes through the fund.

Auckland Transport – local board consultation and engagement

63. Various options for improvements to Auckland Transport – local board consultation and engagement were explored, including improvements to local board engagement plans and more consistent reporting and monitoring of local board engagement.

64. Analysis showed that improving Auckland Transport-local board engagement, both at a strategic level and on a project by project basis, would be the best and most appropriate way to empower local boards that takes into account local boards’ local governance role and Auckland Transport’s statutory responsibilities.

65. This would likely be best achieved if the existing requirements for local board engagement as set out in the Governance Manual for Substantive CCOs are consistently met and monitored. These requirements specify expectations for, amongst other things, local board engagement plans incorporating schedules of board-specific priorities and projects, annual workshops between Auckland Transport and local boards for direction-setting, and regular reporting against local board engagement.

66. Various functions of Auckland Transport were assessed for potential local board empowerment. It was proposed that Auckland Transport:

· Ensure that local boards have a strong governance role in determining the ‘look and feel’ of town centres and streetscapes, in line with their allocation of non-regulatory decision-making

· Improve co-ordination between local place-shaping projects, such as town centre upgrades, and its renewals programmes

· Take direction from local boards on how and where to implement community-focused programmes.

67. It was also proposed that these directions be actively monitored and reported annually to the governing body.

68. The PWP supported these positions on improving the relationship by requiring Auckland Transport to be more consistent on meeting its obligations, and through more consistent monitoring of how it is doing so. It also supported directing Auckland Transport to empower local boards further as described above.

69. The PWP also considered that potential delegations to local boards should not be ruled out, and should be investigated further. It also noted that not all ward councillors are regularly engaged or informed of transport projects and issues within their ward areas, and that this should be done as a matter of course.

70. Recommendations xii – xxv reflect these positions. Local board feedback is sought on these.

71. More details on the analysis, options considered and rationale is available in the working papers ‘Local boards and Auckland Transport’ (Appendix E) and ‘Confirmation of draft transport recommendations’ (Appendix F).

Waiheke Local Board pilot

72. The GFR identified that there are some practices that are constraining local boards from carrying out their role, including the inflexibility of funding arrangements and difficulties in feeding local input into regional decision-making. It considered whether it would be feasible for some local boards to have greater decision-making powers depending on the extent of the regional impact of specific local decisions. It suggested that this could be piloted on Waiheke Island given:

· the more clearly defined community of interest on the island (relative to most other local board areas);

· the separation of the island from wider Auckland services such as roading, stormwater or public transport;

· the desires of the local board for greater decision-making autonomy, and a feeling that the regionalisation of services across Auckland has failed to reflect the unique nature of the island.

73. The Waiheke Local Board has consistently sought greater autonomy, arguing that this would deliver better outcomes for the community and better reflect the principles of subsidiarity and the policy intent of the Auckland amalgamation.

74. A range of functions and decisions that the GFR suggested could be devolved to local boards are currently under the purview of the governing body or Auckland Transport. These include area planning, community development and safety, developing local visitor infrastructure, management of the stormwater network, some transport decision-making and catchment management.

75. Other matters the GFR proposed for devolution are in fact already allocated to local boards or provided for under statute, but boards have not had access to the resources to support them – such as local area planning or proposing bylaws – or they have not been assessed as a priority in an environment where large regional projects have tended to dominate (such as the Unitary Plan).

76. In response, a proposed three year pilot project for Waiheke has been developed in conjunction with the local board. The activities proposed are broader than the technical allocation or delegation of decision-making, and include operational issues, policy and planning, funding, compliance and enforcement and relationships with CCOs. The pilot will include:

· A programme of locally-initiated policy, planning and bylaw work that includes responses to visitor growth demands, a strategic plan for Matiatia, and development of a proposal for a community swimming pool, will be undertaken.

· Addressing a number of operational issues that frustrate the local board. For example there are a number of longstanding compliance and encroachment issues on the island that have not been resolved and have become almost intractable, resulting in ongoing negative environmental and social impacts. This may be addressed through better locally-based operational leadership from council.

· Developing some key local transport strategic approaches, such as a 10 year transport plan and Waiheke and Hauraki Gulf Islands design guidelines.

77. The pilot has been developed with intervention logic and an evaluation methodology built-in from the beginning. This will enable a sound evaluation of the pilot to be undertaken, particularly to assess success and the applicability of the findings to the rest of Auckland.

78. The Waiheke Local Board will oversee governance of the pilot project. It is proposed that the pilot be implemented from 1 October 2017.

79. The PWP endorsed the pilot project and recommends that it be endorsed by the governing body. Recommendations xxvi – xxvii reflect this position. Local board feedback is sought on these.

80. Further details on the analysis, rationale and key projects is available in the working papers ‘Waiheke Local Board pilot project’ (Appendix G) and the project outline (Appendix H).

Next steps

81. An implementation plan and an evaluation plan will be developed and reported to the Waiheke Local Board for its consideration prior to the implementation date (currently proposed to be 1 October 2017).

Workstream 2: Local boards funding and finance

82. The GFR identified the following key issues that have been considered within the context of the Funding and Finance workstream:

· Local boards do not have to balance the trade-offs of financial decisions in the same way as the governing body needs to e.g. local boards can advocate for both additional investment in their own area and lower rates.

· Inflexibility of the current funding policies to empower local board decision making. In particular local boards feel they have little or no control over the 90 per cent of their budget which is for “Asset Based Services” (ABS).

· Inflexibility of the current procurement processes and definition of when local boards or groups of local boards can undertake procurement of major contracts.

83. The workstream looked at a range of alternative models for financial decision making around local activities:

· Status Quo (predominantly governing body and some local board decision making)

· Entirely Local (unconstrained local board decision making)

· Local within parameters (local board decision making but within parameters set by the governing body)

· Entirely Regional (all governing body with local boards as advocates)

· Joint governing body/local board (joint committees)

· Multi Board (joint decision making of two or more local boards).

84. The early discussion paper attached to this agenda at Appendix I describes these options in more detail.

85. After initial discussion with the PWP the options were narrowed down to two, for further exploration. The attached papers (Appendix J and Appendix K) describe the approach to the two models in some detail. However, in summary:

Option 1: Enhanced status quo

This option is based on the governing body continuing to set the overall budget availability and allocating the budget between local boards (the allocation is currently based on legacy service levels). The budgets will be funded from general rates and decisions made by the governing body on the level of rates, efficiency savings and levels of service would be reflected through, as necessary, to the local board budgets. Within these parameters some additional flexibility for local decision making is proposed.

Option 2: Local decision making within parameters

In this option additional decision making is enabled for local boards through all or some of the costs of local activities and services being funded through a local rate. This enables the local board to have much increased flexibility in determining levels of service in different activities and to directly engage with their community on the costs and benefits of providing those services. The key issues identified with this option are the impact of redistributing the costs of local services on different communities and the additional costs of supporting local decision making.

86. A number of key themes emerge from evaluating the two models of decision making and these form the main issues for consideration when determining the way forward:

i) Legal context – The Local Government (Auckland Council) Act 2009 sets out expectations for the two arms of governance. There is a clear expectation that local boards will reflect the priorities and preferences of their communities “in respect of the level and nature of local activities to be provided by Auckland Council…” To do this local boards need the ability to make decisions about service levels and appropriate funding.

ii) Capital expenditure – Both models of decision making have assumed that decisions on major capital expenditure will be reserved to the governing body. Control of debt and the council’s credit rating are key regional issues. There is also recognition that the governing body is best placed to make decisions on investment in new assets that are essentially part of a community infrastructure network.

iii) Organisational efficiency vs local decision making – Greater decision making by local boards will require a greater level of staff support and will require the organisation to gear its governance advice in a different way. This will have an impact on the resources of the organisation.

iv) Regional standards vs local preferences – There are different views on whether it is better to have one standard of service across the whole Auckland region for local activities, or whether each local board should be able to prioritise and customise those services according to the needs and preferences of their community.

v) Legacy funding base – The current funding of local boards for ABS is largely based on the historical funding model from the legacy councils. As each board has inherited different numbers of assets, different levels of service and different method of delivery, the existing funding base in very uneven. This creates a number of difficulties for the Enhanced Status Quo model.

vi) Local assets as a network – Giving local boards more decision making over the level of renewal and/or services delivered from local assets will, in many cases, impact on communities outside of the local area. To address this issue the proposal includes requirement for local boards to consult outside of their own area in certain situations.

vii) Funding –

The key factors with the general rates based approach are:

· Overall funding and therefore to a large extent, levels of service, for local activities are determined by the governing body

· It is difficult to address the historical funding inequities

· All ratepayers pay the same (based on property value)

The key factors with a local rate are:

· The rate will reflect the level of service delivered in that area

· The local board can set their own budgets to reflect local community priorities

· The redistribution of rates may impact more in communities least able to afford it.

viii) Data and policy gaps – Regardless of which approach is decided upon for the future, the project has highlighted the need to improve the quality of information and policy support to local boards.

87. In summary the two proposed models of financial decision making have the following characteristics:

Enhanced status quo –

· Limited additional financial decision making – may not give full effect to legislative intent of local boards with local decision making and accountability

· Maintains the efficiencies of more centralised organisational support and procurement at scale

· Governing body determines budgets and therefore levels of service - tends towards regional standards

· Unlikely to address legacy inequities of funding in the short term

· General rate funded therefore no redistribution effect, but also does not address perceived inequity of boards funding higher levels of service in other areas

Local decision making within parameters –

· Gives more decision making and accountability to local boards – may be more in line with legislative intent

· Will be less efficient as additional resources will be required to support local decision making

· Levels of service will tend to be more varied across the region

· Enables local boards to address funding inequities

· Redistribution of rates will impact on some communities who can least afford it.

88. While there are two clear choices of decision making model, there does not have to be a final decision at this point. The “Local decision making within parameters” option requires a change to the Local Board Funding Policy which in turn needs public consultation. There also needs to be more preparatory work before any implementation of a change, and in fact, some of that work would be necessary to implement the “Enhanced status quo” model. Five alternative recommendations were put forward to the PWP:

· Status quo – no change

· Enhanced status quo – progress further work prior to implementation on organisational impacts, framework for service levels and local flexibility, options for addressing historical uneven funding issues, improving financial data etc.

· Local decision making within parameters – consult on the change with the LTP 2018-28 and progress pre-implementation work (as above plus work on detailed parameters and rating models). The earliest implementation for this approach would be 2019/20.

· Consult on both options with the LTP 2018-28 and then decide. In the meantime progress at least the work for enhanced status quo. The earliest implementation for this approach would be 2019/20.

· Agree in principle to local decision making but subject to further work (as outlined above). Should there then be a wish to proceed to consult with the 2019/20 Annual Plan.

89. The PWP reached agreement on a variation of these alternative recommendations i.e.:

· That the Enhanced status quo model be progressed now, giving as much additional decision making to local boards as possible within that framework.

· That the additional work to support this model be undertaken – framework for service levels and local flexibility, options for addressing historical uneven funding, improving the information and advice that is provided to local boards.

· That further work on the implications of the Local decision making model also be undertaken for further consideration - modelling of rates implication following the revaluation, costs to the organisation of supporting more local decision making etc.

90. These positions are summarised in recommendations xxviii – xxx. Local board feedback is sought on these.

Workstream 3: Governance and representation

91. This workstream covers:

· The optimum number of local boards

· Methods of electing governing body members

· Naming conventions for elected members

The optimum number of local boards

92. The GFR found that having twenty-one local boards contributed to a complex governance structure and logistical inefficiencies; servicing 21 local boards is costly and creates a large administrative burden. It recommended that the council form a view on the optimum number of local boards, noting that ‘getting the right number of local boards is about striking a balance between getting genuine local engagement, while maintaining a decision-making structure that is able to be effectively serviced’.

93. Changing the number of local boards requires a reorganisation proposal, a statutory process that is currently a lengthy and likely costly exercise. Determining the optimum number of local boards, to inform such a proposal, is in itself a significant undertaking.

94. There are several other processes ongoing that make a reorganisation proposal now not optimal, regardless of the merits of changing the number of boards:

· Legislative changes to simplify the reorganisation process are being considered by Parliament, but the timeframe for their enactment is not known.

· The Local Government Commission is considering reorganisation proposals for North Rodney and Waiheke Island, which could result in change to Auckland’s governance structure (for example through the creation of another local board). The Local Government Commission is set to announce its preferred option by the end of the 2017 calendar year.

· Auckland Council must complete a formal representation review by September 2018.

· The Governance Framework Review is intended to provide greater local board empowerment and to address some of the shortcomings that may be a key driver for reducing the number of local boards.

95. Within this context, three potential high level scenarios for change were developed and presented to the PWP:

· a reduction to fourteen local boards, largely based on amalgamation of existing local board areas and subdivisions;

· a reduction to nine local boards, largely based on amalgamation of existing local board areas and subdivisions;

· an increase in the number of local boards.

96. These scenarios were designed to give the PWP an idea of what issues would need to be considered and the level of further work that would need to be undertaken if council is to consider changing the number of local boards. They were not presented as specific options for change.

97. Two options for how to proceed were presented to the PWP:

· Option 1 (recommended): no further work to be undertaken until after other GFR changes to empower local boards have been implemented and evaluated, and the other processes noted above (enactment of legislation simplifying reorganisation proposal processes, completion of the North Rodney and Waiheke Island reorganisation proposals, implementation of the Governance Framework Review, and representation review) have concluded.

· Option 2: continue this work and refine high level scenarios into specific options for changing the number of local boards. This would require significantly more detailed work to identify communities of interest, proposed boundaries and numbers of elected members.

98. Option 1 was recommended on the basis that the outcomes of those other current processes had the potential to significantly affect the outcome of any work that would be undertaken now. They may also empower local boards and remove a key driver for reducing the number of local boards identified by the GFR report.

99. The PWP agreed with Option 1, expressing a clear view that no further work on changing the number of local boards should be undertaken until at least after the GFR has been completed and implemented, and the outcome of reorganisation proposals that are underway for North Rodney and Waiheke Island are known. The rationale for this is that the 2010 reforms are still ‘bedding in’, with the GFR likely contributing to better delivery of the intentions of the reforms; it was thus considered too early for council to consider initiating any change to the number of local boards.

100. In line with this position, recommendation xxxi has been drafted. Local board feedback is sought on this position and recommendation.

101. More details on the analysis, options considered and rationale is available in the working paper ‘Number of local boards’ (Appendix L).

Next steps

102. If this recommendation is accepted by the governing body, staff will not do any further work on this issue until directed otherwise.

Methods of electing governing body members

103. The GFR identified that there is an in-built tension between governing body members’ regional strategic responsibilities and their local electoral accountabilities to their ward constituents who elect them. There may be times when it is a challenge for governing body members to vote against local interests in the interests of the region.

104. Governing body members are also inevitably approached about local issues, including constituent queries or complaints that relate to local board activities. This can lead to them being drawn into issues that are local board responsibilities. It may also make it harder for the public to understand the respective roles of their ward governing body members and local board members.

105. The GFR report recommended that council consider amending the number and size of wards, such as moving to a mix of ward and at-large councillors, and / or reducing the number of wards from which councillors are elected, to address the misalignment of accountabilities and responsibilities.

106. Four options were developed and presented to the PWP:

· Option 1: status quo. Governing body members continue to be elected from the current ward structure.

· Option 2: all governing body members would be elected at-large across the Auckland region.

· Option 3: governing body members would be elected from a mixture of at-large (10 members) and ward-based (10 members) representation.

· Option 4: governing body members would be elected from a ward-based system, but the number of wards would be reduced (and hence the size of wards increased).

107. Some other governing body representational issues were also considered. These included developing protocols or role statements around governing body members’ and local board members’ roles to clarify responsibilities, the possibility of introducing a Māori ward for the governing body, and changing the voting system to Single Transferable Vote.

108. The PWP’s draft position is that the issues raised in the GFR are not in themselves sufficient reason to change electoral arrangements for governing body members. Moving to an at large or combination of larger ward-based and at large wards would, in its view, make representing Aucklanders at a regional level significantly more difficult. The PWP has also noted that a full statutory review of representation arrangements will be carried out in 2018. The Governing Body will also consider electoral methods, such as changing to STV, at its August meeting this year.

109. It also noted that council has a current advocacy position for legislative change that would allow the number of governing body members to change in line with population growth, and that the process for changing the numbers and boundaries of local boards should also be made easier than the current statutory process.

110. In line with this position, recommendations xxxii - xxxiv have been drafted. Local board feedback is sought on this position and the recommendations.

111. More details on the analysis, options considered and rationale is available in the working paper ‘Representation options’ (Appendix M).

Next steps

112. There are no specific next steps for implementation if this recommendation is accepted. The council will continue to advocate for the changes outlined above where appropriate, and staff will begin the statutory review of representation arrangements later this year.

Naming conventions for elected members

113. The GFR found that one of the contributing factors to role overlap and role confusion between governing body members and local board members is Auckland Council’s naming conventions, where governing body members are generally referred to as ‘councillors’ and members of local boards are referred to as ‘local board members’. It recommended that council consider these naming conventions and, either confirm and reinforce the naming conventions, or change them for consistency, preferring that all elected members be accorded the title of either ‘councillor’ or ‘member’ (either local or regional). This would reinforce and clarify the complementary and specific nature of the roles, making it easier for staff and the public to understand.

114. The titles currently in use are conventions; they are not formal legal titles that are bestowed or required to be used under any statute, nor are they legally protected in a way that restricts their use. This is also true for other potential titles that were identified (see below). If council did change the naming conventions to call local board members ‘councillors’ then the application of some provisions in LGACA which refer to both councillors and local board members together may become confusing and problematic. Legislative amendment may become necessary to resolve this.

115. If a decision is to be made on naming conventions then this would be made by the governing body. No decision-making responsibility for naming conventions has been allocated to local boards under the allocation table. Such a decision would fall under the catch-all ‘All other non-regulatory activities of Auckland Council’ that is allocated to the governing body. In making such a decision the governing body would be required to consider the views of local boards.

116. Three options were assessed and presented to the PWP:

· Option 1: Status quo. A member of the governing body is generally referred to as ‘councillor’ and a member of a local board as ‘local board member’.

· Option 2: Change the naming conventions so that all elected members have some permutation of the title ‘councillor’ (e.g. ‘Governing body Councillor’, ‘Local Councillor’)

· Option 3: Change the naming conventions so that all elected members have some permutation of the title ‘member’ (e.g. ‘Governing body Member’, ‘Local Board Member’)

117. Any decision to confirm the current conventions or to change to a new convention would need to be applied consistently across the Auckland region, and would affect all council publications and materials.

118. The PWP did not adopt a position on whether the naming conventions should be retained or changed, preferring to hear the views of local boards and governing body members before adopting a recommendation. It did however agree with the need for regional consistency. A key aspect of the use of the title ‘councillor’ is its meaning to members of the community.

119. In line with the PWP’s position to hear views prior to making a recommendation, local board feedback is sought on preferred naming conventions for elected members (summarised as recommendation (b)).

120. More details on the analysis, options considered and rationale is available in the working paper ‘Naming conventions’ (Appendix N).

Next steps

121. If conventions are changed, staff throughout the organisation will need to be informed of the updated conventions; Auckland Council’s style guide uses the current naming conventions so would need to be updated, as would other formal council publications (such as reports and documents for consultation). Business cards, name plates and other collateral can be updated to include the new conventions when new materials are required (in line with normal business practice) to ensure that costs associated with any change are minimal.

Ongoing oversight of Governance Framework Review implementation

122. Consideration needs to be given to future oversight of the governance framework review past September 2017, particularly implementation of any decisions.

123. The Terms of Reference of the PWP state that one of its purposes is to ‘provide oversight and direction for the governance framework review implementation project’. They also state that the working party ‘may act as a sounding board for changes the organisation is considering to the way that elected members are supported in their governance role. However, decisions on the way the organisation configures itself are the responsibility of the Chief Executive.’

124. The working party has discussed the desirability and usefulness of continuing the working party, or establishing a similar group, with broader terms of reference, comprising both governing body and local board members.

125. The broad role of such a group could be to consider governance issues that impact on both local boards and the governing body, for example the upcoming representation review, the oversight of the implementation of the governance framework review and any ongoing policy work arising from the review etc.

126. Current local board members of the PWP have signalled that they would need a fresh mandate to continue being on such a group. The size of the working party, membership, leadership, Terms of Reference, frequency of meetings and secretariat support would all need to be confirmed.

127. At this point we are seeking feedback from the local boards on the following possible recommendations for the governing body in September:

· Option 1: recommend that the governing body thanks the political working party for its work on the governance framework review and notes that any further decision making arising from the implementation of the review will be considered by the governing body; or

· Option 2: recommend that the governing body thanks the political working party for its work and agrees that an ongoing political working party, comprising governing body and local board members, would provide a valuable vehicle for considering matters that impact on both governance arms and making recommendations to the governing body on these matters.

128. This request for feedback is summarised in recommendation (c).

Next steps

129. If this recommendation to extend the PWP is confirmed, staff will redraft the terms of reference of the PWP to reflect these directions, and report them to the governing body for adoption.

Consideration

Local board views and implications

130. This report seeks local board views on issues and options that may have wide-ranging implications for local boards. These views will be provided to the governing body for its consideration in decision-making.

131. Significant consultation has been undertaken with local boards throughout the Governance Framework Review and the response to the GFR report. This included a series of workshops with each local board, as well as various cluster meetings, to discuss key issues in this report.

Māori impact statement

132. The Governance Framework Review did not specifically consider the governance or representation of Maori in Auckland. The relationship between the two governance arms of Auckland Council and the Independent Maori Statutory Board (IMSB) was also out of scope.

133. The IMSB and Te Waka Angamua were consulted through this process. In response to the final GFR report the IMSB secretariat provided a memorandum setting out its views on a number of the report’s recommendations. These views largely focused on ensuring that Auckland Council meets its existing statutory requirements for:

· enabling Maori to participate in decision-making in Auckland local government are met;

· engaging and consulting Maori and considering the needs and views of Maori communities when making decisions;

· recognising the need for greater involvement of Maori in local government employment.

134. These statutory requirements should be met as a matter of course and have been noted. No specific actions are recommended.

135. The secretariat also identified that there is:

· a lack of definition of the relationship between the governing body, local boards and the IMSB

· the lack of acknowledgement of the IMSB as promoting issues for Maori

· the lack of awareness of the governing body and local boards of their obligation to consult the IMSB on matters affecting mana whenua and mataawaka, the need to take into account the IMSB’s advice on ensuring that input of mana whenua groups and mataawaka is reflected in council strategies, policies, plans and other matters.

136. As stated above, the council-IMSB relationship was out of scope of the GFR report, so these issues are not being addressed through this work.

137. No specific Maori impacts have been identified.

Implementation

138. Implementation of changes will begin after the governing body has made final decisions in September. An implementation plan will be developed.

Attachments

No.	Title	Page
a ⇩	Summary table of GFR report recommendations	287
b ⇩	Regional decision-making and policy processes	297
c ⇩	Allocations and delegations	311
d ⇩	Reserve Act land exchanges	331
e ⇩	Local boards and Auckland Transport	337
f ⇩	Confirmation of draft transport recommendations	365
g ⇩	Waiheke Local Board pilot project cover paper	369
h ⇩	Waiheke pilot project outline	373
i ⇩	Funding and finance workstream paper 1	393
j ⇩	Funding and finance cover paper July	411
k ⇩	Funding finance description of 2 models (including two spreadsheet attachments)	419
l ⇩	Number of local boards	435
m ⇩	Representation options	457
n ⇩	Naming conventions	477

Signatories

Authors

Linda Taylor – Executive Officer, Auckland Council Governance

Authorisers

Phil Wilson - Governance Director

Karen Lyons - General Manager Local Board Services

Victoria Villaraza - Relationship Manager

Maungakiekie-Tāmaki Local Board

22 August 2017

Auckland Council's Quarterly Performance Report: Maungakeikie-Tāmaki Local Board
for quarter four, 1 April - 30 June 2017

File No.: CP2017/16919

Purpose

1. To provide the Maungakiekie-Tāmaki Local Board with an integrated quarterly performance report for quarter four, 1 April to 30 June 2017, against the local board agreement work programme.

Executive summary

2. This report provides an integrated view of performance for the Maungakiekie-Tāmaki Local Board. It includes financial performance and work programmes.

3. The snapshot (attachment A), shows overall performance against the Maungakiekie-Tāmaki Local Board’s agreed 2016/2017 work programmes. Operating departments have provided a quarterly update against their work programme delivery (attachment B).

4. 92 per cent of the activities within the agreed work programmes have been delivered. 14 activities were undelivered from the agreed work programmes in the 2016/2017 financial year.

5. Overall, the financial performance of the board is near to budget. Revenue from community facilities hire revenue is higher due to increase utilisation following the introduction of on-line booking. Capital expenditure delivery for development projects are behind schedule as delays associated with unprecedented growth remain a challenge citywide.

6. Results from the Long-term Plan 2015-2025 performance measures that were included in the previous 2016/2017 quarterly performance reports are excluded this quarter. The results are included as a separate agenda item entitled “Draft Annual Report 2016/2017 – Local Board report”.

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a) receive the performance report for the financial quarter ending 30 June 2017.

Comments

Key highlights for quarter four

7. Some highlights to report from the quarter four period are:

· Granted $128,173 in local grants to local groups who had applied to the local board’s final discretionary grant round for the 16/17 financial year. A total of 56 grant applications were received during this round. (2304)

· Activities and events taking place during Youth Week supported by the Youth Voice budget were used to gather the views of young people on the draft Maungakiekie-Tāmaki Local Board Plan. As a result of this engagement over 180 young people made submissions to the local board plan through an online and hard copy survey as well as through videos that were shared with the local board and publicly on social media platforms. (2448)

· Youth Connections (2444) progress report confirmed over 60 youth from the local board area attended JobFest in May 2017 and that resources like www.youthfull.co.nz, an online information sharing platform, is being used by local youth. Driver licensing programme for young people saw over 100 students from One Tree Hill and Onehunga Colleges receiving learner driver licences. On the Tāmaki side a sound and lighting technician’s programme aimed at assisting youth to become work ready in this field was launched.

· The strategic Community Partnerships Programme reached a milestone with reporting to the board by funded organisations (partners). This early reporting was requested by the board. The scheduling meant that while some projects were already completed, the progress of some other funded projects was not as advanced. However, the dialogue was useful in developing a relationship between partners and the new local board as well as assisting the board in better understanding the opportunities and challenges faced by partners. As a result of this exercise, the local board granted more money to a partner that was not able to get their programme started with the reduced funds that they had earlier received. (2443)

· Completion of Jellicoe Park playground upgrade (3327) however this remains closed due to weather related drainage issues.

Key project achievements from the 2016/2017 work programme

8. The following year-end achievements relating to key projects identified in the Maungakiekie-Tāmaki Local Board Plan and/or Local Board Agreement will also be reported in the Annual Report 2016/2017 as highlights for the year.

· Strategic community partnership funding programme (approx. $250,000 worth of grants over 2 years)

· Local grants programme (approx. $150,000 small grants issued during the year)

· Dedicated funding to enable a local events programme, which included Onehunga Festival, Onehunga and Jellicoe Christmas light events, Glow in the Park, Te Ara Rama Matariki Light Trail and Panmure Basin Fun Day.

· Development of bike tracks at Pt England and Oranga schools as part of the Bikes in Schools programme

· Environmental work programme that included projects such as volunteer planting at Point England Reserve, Flat Rock Reserve and Hochstetter Pond, ongoing weed control, and other volunteer activity in parks and reserves.

· Reaching a key milestone on the Maungakiekie-Tāmaki Greenways Plan implementation with approval of the Tāmaki paths project scope (from Panmure Wharf to Point England Reserve) following public consultation. This project is now in detailed design phase,

· Various improvements in asset renewals programme, which included works to upgrade the Ireland Road car park, Onehunga Bay skate ramp renewal, Waikaraka Park wall renewal, and Jellicoe Park and Onehunga War Memorial Pool car park and footpaths.

Achievement of the 2016/2017 work programme

9. The Maungakiekie-Tāmaki Local Board has an approved 2016/2017 work programme for the following operating departments:

· Arts, Community and Events, approved on 16June 2016

· Parks, Sport and Recreation, approved on 16 June 2016

· Libraries and Information, approved on 16 June 2016

· Community Facility Renewals, approved 16 June and 21 July 2016

· Infrastructure and Environmental Services, approved 21 July

10. The snapshot (attachment A), shows overall performance against the Maungakiekie-Tāmaki Local Board’s agreed 2016/2017 work programmes. Operating departments have provided a quarterly update against their work programme delivery (attachment B).

11. In previous quarterly performance reports, the traffic light Red Amber Green (RAG) reflected progress: Red = issues, Amber = warning, Green = on track. As the quarter four report reflects the status of delivery at the end of the financial year, the traffic lights indicate Red = incomplete/not delivered, Green = delivered as expected.

12. 92 per cent of the activities within the agreed work programmes have been delivered.

13. Departments delivered the 2016/2017 work programmes as follows:

Arts, Community and Events work programme 97% delivered

	Activity Status	Number of Activities
Green	Completed	18
Green	In progress *	16
Red	On Hold, Deferred	2
	Cancelled	0
	Not delivered	0

* identified to be delivered across multiple years

There are some points to note:

· The Art in Public Places programme (2593) has been deferred to 17/18. As the budget allocated for this programme was not spent, it has been carried over to 17/18. A further conversation will be had with the local board to identify opportunities to fund in this programme.

· No civic events were requested during the financial year. The board supported an extensive local events programme which was primarily run by external partners. The budget earmarked for Civic Events (2818) was reallocated to the local grants programme (2304) and distributed as grants.

· A breakdown of the Te Oro Operations budget actuals was requested by the local board in June 2017 and was presented to them in a workshop in August.

Parks, Sport and Recreation work programme 85% delivered

	Activity Status	Number of Activities
Green	Completed	9
Green	In progress *	8
Red	On Hold, Deferred	1
	Cancelled	1
	Not delivered	0

* identified to be delivered across multiple years

There are some points to note:

· The proposed sand carpet and lights at Point England (3397) was on hold for a while and has now been cancelled due to recent developments. Planning for improvements in relation to the remaining parts of Point England will be done in conjunction with the Open Space Network Plan and any future discussions on a reserve management plan.

· The facility partnerships grant awarded Te Papapa Onehunga Rugby Football and Sports Club has still not been drawn. Officers are talking with the club about re-scoping the project and will report to the board with an update and advice once this has been received.

· The Tāmaki path project (3725) in currently in detailed design phase but is a little bit behind schedule due to additional stakeholder consultations requested by the local board.

Libraries and Information work programme 100% delivered

	Activity Status	Number of Activities
Green	Completed	11
Green	In progress *	0
Red	On Hold, Deferred	0
	Cancelled	0
	Not delivered	0

* identified to be delivered across multiple years

Community Facilities work programme 92% delivered (includes operations and maintenance, renewals and development projects)

	Activity Status	Number of Activities
Green	Completed	27
Green	In progress *	31
Red	On Hold, Deferred	4
	Cancelled	0
	Not delivered	1

* identified to be delivered across multiple years

There are some points to note:

· Progress on the refurbishment of the Glen Innes Community Centre (4130) was on track at the end of this quarter following a workshop with officers where the boards concern and suggestions were tabled. However, this project has stalled and we will be working to ensure it can be completed soon.

· The installation of CCTV cameras in carpark, renewal of pool and spa heat pump at Glen Innes pool (3722) was delayed and is now likely to be carried out over the 2017 summer.

· The renewal of the Panmure Community Centre roof (270) has also been deferred to 17/18

· Planned sports park upgrades at Waikaraka park (546, 4154, 4155) continue to be on hold due to the proposed east west link, storm water dependencies and until the masterplan is completed. A strategic assessment around sports capacity requirements is being carried out and expected to be completed in November 2017. This should also coincide with completion/near completion of the masterplan.

Community Leases work programme 82% delivered

	Activity Status	Number of Activities
Green	Completed	9
Green	In progress *	13
Red	On Hold, Deferred	5
	Cancelled	0
	Not delivered	0

* identified to be delivered across multiple years

Infrastructure and Environmental Services work programme 100% delivered

	Activity Status	Number of Activities
Green	Completed	7
Green	In progress *	0
Red	On Hold, Deferred	0
	Cancelled	0
	Not delivered	0

* identified to be delivered across multiple years

Local Economic Development work programme 100% delivered

	Activity Status	Number of Activities
Green	Completed	1
Green	In progress *	0
Red	On Hold, Deferred	0
	Cancelled	0
	Not delivered	0

* identified to be delivered across multiple years

There are some points to note:

· The Young Enterprise Scheme is a regional that receives a small contribution from the local board. It is part of an extensive Economic Development work programme for the region that is delivered by ATEED. The board has chosen not to continue supporting this scheme in 2017/18 and will prioritise working in partnership with local business associations and supporting joint initiatives or other strategic opportunities that may come up during the term.

Unspent budgets

14. As part of the local board funding policy, local boards can resolve to defer projects that are funded by their Locally Driven Initiatives (LDI) operating fund where there is an agreed scope and cost but the project has not been delivered.

15. Revenue has exceeded budget in community facility hire fees. Since the introduction of the on-line booking system, many facilities are trending favorably.

16. The following 2016/2017 projects that met the criteria for deferral and which the local board requested to be deferred were approved by the Finance and Performance Committee on 1 June 2017:

Housing Quality Improvement Project	32,000
Capacity building programme	45,000
Community Places (Riverside Community Centre) programme top	14,000
Art in public places	45,000

Financial performance

17. Revenue has exceeded budget in community facility hire fees. Since the introduction of the on-line booking system, many facilities are trending favourably

18. Operating expenditure is at 99%. The slight under spend is in Locally Driven Initiative programmes which are lagging behind budget.

19. Capital spend progress for this quarter shows both renewals and development projects are behind schedule overall. Spend so far this year is 56% of budget. Key project such as the Tāmaki Paths project (also known as the Tāmaki Estuary Coastal Walkway) and Jubilee bridge upgrade have progressed from public consultation to design and consenting. Waikaraka sports park development is on hold due to the proposed east/west link and storm water dependencies.

20. The Maungakiekie-Tāmaki Local Board Financial Performance report is in Appendix C.

Key performance indicators

21. Results from the Long-term Plan 2015-2025 performance measures that were included in the previous 2016/2017 quarterly performance reports are excluded this quarter. However, the results are included as a separate agenda item entitled “Draft Annual Report 2016/2017 – Local Board report”.

Consideration

Local board views and implications

22. This report informs the Maungakiekie-Tāmaki Local Board of the performance for the year ending 30 June 2017.

Māori impact statement

23. The local board remains committed to integrating and supporting work that contributes to outcomes for Māori including enhancing partnerships and collaborative ways of working with mana whenua and mataawaka.

24. Some of the activities in the approved work programmes (Appendix B) that have a specific focus on Māori include support to Ruapotaka Marae (3741). The local board has been made aware of the aspirations of Ruapotaka Marae and will be advocating for support towards these from Council resources set aside for Maori Transformation Capital Projects.

25. Within many other activities the local board is specifically encouraging an improved understanding of Māori aspirations or requesting the tailoring of some outcomes to Māori. These other activities include Youth Connections (2444), spatial planning for Tāmaki (2633), Riverside Community Centre operations (2900), Cultural Diversity celebrations (814), Regional Sports and Rec Grants Programme (2610), riparian restoration (2049), Housing quality improvement project (2449).

26. In this quarter, the relationship with Ngāti Paoa was meant to be formalised through a relationship agreement to be signed. The agreement was finalised but the signing ceremony was deferred due to scheduling conflicts. This is now expected to be signed in April 2017.

Implementation

27. The Lead Financial Advisor will, if not already, action the deferral of identified projects, approved by the Finance and Performance Committee on 1 June 2017. We will discuss the scope, where any of the deferred projects need to be rescoped in Quarter 1 17/18/

28. Local Board Services will refer undelivered projects from the agreed 2016/2017 work programme to the relevant operational department for investigation. Departments will be asked to identify their ability to deliver the activity in the 2017/2018 financial year.

Attachments

No.	Title	Page
a ⇩	Work programme snapshot	527
b ⇩	Work programme update	529
c ⇩	Financial summary	557

Signatories

Authors	Shirley Coutts - Senior Local Board Advisor
Authorisers	Victoria Villaraza - Relationship Manager

Chairperson	Josephine Bartley
Deputy Chairperson	Don Allan
Members	Debbie Burrows
	Bernie Diver
	Nerissa Henry
	Chris Makoare
	Alan Verrall

No.	Title	Page
a ⇩	Local Board Plan consultation feedback report	211
b ⇨	HYS event feedback (Under Separate Cover)
c ⇨	Social media feedback (Under Separate Cover)
d ⇨	Chemical weed spraying proforma (Under Separate Cover)
e ⇨	Feedback prior to consultation (Under Separate Cover)
f ⇨	Local Board Plan written feedback Volume 1 (Under Separate Cover)
g ⇨	Local Board Plan written feedback Volume 2 (Under Separate Cover)
h ⇨	Local Board Plan written feedback Volume 3 (Under Separate Cover)
i ⇨	Local Board Plan written feedback Volume 4 (Under Separate Cover)
j ⇨	Local Board Plan written feedback Volume 5 (Under Separate Cover)
k ⇨	Local Board Plan written feedback Volume 6 (Under Separate Cover)
l ⇨	Local Board Plan written feedback Volume 7 (Under Separate Cover)

	Section	Description
a)	Message from the chairperson	Legislative requirement to include commentary from the local board on matters included in the report.
b)	The year in review - Financial performance - Highlights and achievements - Challenges	Snapshot of the main areas of interest for the community in the local board area.
c)	How we performed	Legislative requirement to report on performance measure results for each activity, and to provide explanations where targeted service levels have not been achieved.
d)	Financial information	Legislative requirement to report on financial performance results compared to LTP and Annual Plan budgets, together with explanations about variances.

Authors	Philippa Hillman - Democracy Advisor, Maungakiekie-Tāmaki Local Board
Authorisers	Victoria Villaraza - Relationship Manager