Agenda of Great Barrier Local Board

1 Welcome

Chairperson IM Fordham will open the meeting and welcome everyone in attendance.

Member J Cleave will lead a karakia.

2 Apologies

At the close of the agenda no apologies had been received.

3 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

4 Confirmation of Minutes

That the Great Barrier Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 17 October 2017, as a true and correct record.

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 3.20 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Great Barrier Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

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

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

11 Notices of Motion

There were no notices of motion.

Great Barrier Local Board

21 November 2017

Licence to occupy for Seniornet at Great Barrier Local Board office
81 Hector Sanderson Road, Claris, Great Barrier Island

File No.: CP2017/23015

Purpose

1. To seek Great Barrier Local Board approval for a licence to occupy for Seniornet Great Barrier Island Incorporated to use the room adjacent to the local board meeting room.

Executive summary

2. Seniornet Great Barrier Island Incorporated has a licence to occupy a room at the local board office building at 81 Hector Sanderson Road.

3. The licence provided an initial term and rights of renewal that fully expire in December 2020. The 2015 renewal was not done as at that time there were discussions about council staff needing to use the room and the ongoing use by Seniornet was uncertain.

4. The discussions about the ongoing use and configuration of the room are now resolved and while staff may be using the room occupied by Seniornet, there is no fit out of the room required. The council information and communications technology department have agreed to provide a council internet connection for Seniornet subject to some conditions.

5. As part of these discussions Seniornet agreed to surrender their current licence agreement on the understanding a new licence would be issued that would record any new arrangement for use.

6. This report recommends the current licence to Seniornet Great Barrier Island Incorporated be surrendered to be replaced with a new licence subject to conditions.

Recommendations

That the Great Barrier Local Board:

a) approve the surrender of the current licence to Seniornet Great Barrier Island Incorporated.

b) approve the granting of new licence to Seniornet Great Barrier Island Incorporated commencing 1 October 2017 for an initial term of five years with one right of renewal of five years.

c) approve a licence fee of $1 per annum plus GST.

d) request that the new licence record the sharing arrangement, the provision of the internet connection and the conditions pertaining to that.

Comments

7. Seniornet Great Barrier Island Incorporated holds a licence to occupy the room behind the local board office building at 81 Hector Sanderson Road. The licence commenced 13 December 2005 with an initial term of five years with two rights of renewal of five year each with final expiry of all terms on 12 December 2020.

8. The first renewal of the licence was exercised renewing the licence for the period 13 December 2010 to 12 December 2015.

9. The licence was due for renewal 13 December 2015 but this was not progressed as there were discussions underway at the time about options for the fit out and use of the room by council staff when on the island. There were also issues for Seniornet with the expense of an internet connection and power supply at times outside the times council is in occupation.

10. These discussion have now progressed and can be summarised as follows;

· There is now no fit out of the rooms proposed for council use but the area will be shared between council staff and Seniornet.

· Seniornet are prepared to surrender their current licence for an alternative licence to use the area.

· As part of this shared occupation council will provide an internet connection for the use of both council staff and Seniornet.

Fit out

11. In 2015 a fit out of the room to corporate council standards was contemplated. It has since been determined that the furniture and fittings in the room are suitable for both Seniornet and council ongoing needs. All furniture and fittings are owned by council.

New licence

12. Seniornet is prepared to surrender their current licence for an alternative licence to use the area. The new agreement will record the new sharing arrangements and include details such as shared use, times for that to occur and internet connection.

13. The licence can be for a period similar to a community lease – as this is a council owned building being occupied by a community group an initial term of five years with a five year right of renewal will be recommended.

14. In accord with the community occupation guidelines a licence fee of $1 plus GST per annum is payable.

15. Seniornet has advised their prime day of operation will be Tuesdays of each week. With their membership numbers that may utilise the room it is unlikely there will be any difficulty with both Seniornet and council staff using the room on the same day.

16. The licence does not confer exclusive occupation rights to Seniornet. So other groups and users can use the room at times Seniornet are not using the room.

Internet connection

17. The Information and Communications Technology department network team are comfortable with Seniornet using the AKLC-GUEST council Wi-Fi setup at the Great Barrier Local Board office. This will utilise existing connections in the building

18. The use is conditional upon the following - some of these circumstances may not occur but it is useful to identify them in case they may apply later.

· The local board office or service centre staff to supply the guest usernames and passwords.

· Usernames/passwords to be issued each month to minimise the risk of any members of the public getting the details and use bandwidth during the day.

· The Information and Communications Technology department reserve the right to moderate Seniornet access if their use impacts our elected members’ or council staff

· Access is for light internet use, if their internet use changes over time we may need to reconsider this arrangement.

19. Given the limitations of geography Auckland Council is happy to assist Seniornet, but this arrangement should not be seen as a precedent for other local groups in other areas within the greater Auckland region.

Consideration

Local board views and implications

20. This matter has been workshopped with the local board in the past and they are supportive of the proposed arrangements.

21. Other options to share the room were considered as part of this process but the size of the room places limitations on the activities that could be contemplated. Sharing opportunities could be considered in the future as opportunities arise. There is a current proposal from the GBI History Research Group to locate files and share the room.

22. The Aotea Great Barrier Local Board Plan supports and takes into account the 30-year Auckland Plan vision and outcomes to create the world’s most liveable city, or in this case the world’s most liveable island and for a well-connected and accessible Auckland.

Māori impact statement

23. Community leases generally support a wide range of activities and groups and are awarded based on an understanding of local needs, interest and priorities. As such, they are designed to create local benefits to many communities, including Maori.

Implementation

24. There are no implementation issues.

Attachments

No.	Title	Page
a ⇩	Licence Area	13

Signatories

Author

Ron Johnson - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

John Nash - Relationship Manager Great Barrier & Waiheke

Great Barrier Local Board

21 November 2017

Auckland Council’s Quarterly Performance Report: Great Barrier Local Board for quarter one, 1 July - 30 September 2017

File No.: CP2017/23599

Purpose

1. To provide the Great Barrier Local Board with an integrated quarterly performance report for quarter four, 1 July to 30 September 2017.

Executive summary

2. This report includes financial performance, progress against local board key performance indicators, progress against work programmes, key challenges the board should be aware of and any risks to delivery against the 2017/2018 work programme.

3. Of significance this quarter, is the new full facilities maintenance contracts which started on 1 July. The contractor has been proactive in edging pathways, maintaining playgrounds and mowing sports fields. A priority for arboriculture was ensuring requests for service were effectively managed, particularly after hours emergency response. A key focus of the first quarter for ecological restoration has been the commencement of site assessments and the preparation of restoration plans for sites of ecological high value, working with other council departments and understanding volunteer activity on sites.

4. The snapshot (attachment A), indicates performance against the agreed 2017/2018 work programmes is tracking positively.

5. All operating departments with agreed work programmes have provided a quarterly update against their work programme delivery (attachment B). All items are reported as ‘green’ status (on track) except for the following which have ’amber’ status (some risk or issues, which are being managed):

· Marine Protection

· Ecology Conversations

· Water Quality

6. The overall financial performance for quarter one 2017/2018 is favourable compared to the budget. There are some points for the board to note:

· The net operating cost of service is 67 per cent against budget and spends relate predominantly to management, administration, arboriculture and grant distribution. The majority of Locally Driven Initiative (LDI) projects have yet to begin. Capital expenditure delivery which has commenced includes the Mulberry Grove wall restoration. Attachment C contains further detailed financial information.

7. The key performance indicators show a trend of delivery that is meeting the indicators, with the exceptions being; Parks, Sport and Recreation and Environmental Management. These are explained further in detail in the report (attachment D).

Recommendation

That the Great Barrier Local Board:

a) note performance report for the financial quarter ending 30 September 2017.

Comments

8. The Great Barrier Local Board has an approved 2017/2018 work programme for the following operating departments:

· Arts, Community and Events; approved on 06 June 2017

· Parks, Sport and Recreation; approved on 06 June 2017

· Libraries and Information; approved on 06 June 2017

· Community Facilities: Build Maintain Renew; approved on 06 June 2017

· Community Leases; approved on 06 June 2017

· Infrastructure and Environmental Services; approved on 06 June 2017

· Local Economic Development; approved on 18 July 2017

· Civil Defence Emergency Management Work Programme; approved on 18 July 2017

Key achievements for quarter one

9. The Great Barrier Local Board has a number of key achievements to report from the quarter one period, which include:

· Station Rock Track: install directional signage and planting - Planting works have been completed and the signs have been installed.

· Mulberry Grove Stonewall – Physical works for the wall and fencing are complete.

· Interpretative Signage - Whangaparapara and Oreville site signs completed, approved and ready to be installed by the end of October 2017.

Key project updates from the 2017/2018 work programme

10. The following are progress updates against key projects identified in the Aotea Great Barrier Local Board Plan and/or Local Board Agreement:

· Biodiversity/Biosecurity role - Highlights of the work completed and underway include the best practice biodiversity road corridor document, developing the 'Jewels' booklet, engagement with the community at schools and market days. In addition, the biodiversity officer has audited or provided support to island-based programmes, including the Argentine ant and plague skink programmes, the Broken Island rat control work, and lepidium monitoring.

· Life-long Learning Strategy - Staff workshopped a comprehensive draft GBI Lifelong Learning strategy and plan with the board in Q1. Staff will present the final strategy to the board for approval in Q2. Orama Christian Trust established a charitable company (Aotea Education Ltd) to oversee of the Aotea Learning Hub’s operations. In September 2017 Orama Christian Trust provided a detailed accountability report.

· Dark Sky Sanctuary - A funding agreement has been signed by Destination Great Barrier Island and approved by the local board. Destination Great Barrier Island will provide further updates in Q2.

· Water supply feasibility study - A meeting with interested on island parties to assist in scoping is scheduled for mid-October. A project brief will be developed for board approval before a project manager is engaged in Q2/Q3.

· Visitor Strategy - New Zealand Tourism Research Institute (NZTRI) was appointed by the local board in July as the specialist to lead the development of the Great Barrier Island Tourism Strategy. NZTRI commenced the development of the visitor strategy in September. The first stakeholder meeting was held on Great Barrier Island on 12 September.

· Great Barrier Maintenance Contracts - The new full facilities contract started on 1 July. The contractor has been proactive in edging pathways, maintaining playgrounds and mowing sports fields. The relatively high rainfall (e.g. July 120-149 per cent of norm) has presented some challenges, including preparing for the summer sports season. There have also been some ongoing challenges with security gates and litter bins, which staff are focusing on resolving. No significant operational building issues. Arboriculture: The beginning of the first quarter saw mobilisation of new contracts. A priority was ensuring requests for service were effectively managed, particularly after hours emergency response. Replacement tree planting was completed over July/August. Annual inspections of street and park trees has commenced which will inform proactive programmes of tree maintenance. Ecological Restoration: A key focus of the first quarter has been the commencement of site assessments and the preparation of restoration plans for sites of ecological high value, working with other council departments and understanding volunteer activity on sites.

Risks identified in the 2017/2018 work programme

11. The following are risks that have been identified by operating departments where the progress and performance indicator has been set to ’amber’ status – some risk or issues, which are being managed.

· Marine Protection - No project has been agreed for this budget.

· Ecology Conversations - No project has been agreed for this budget. In noting that this budget would be carried forward, the board agreed to scope an environment forum. Agreement of this budget will be discussed at a workshop in early October 2017.

· Water Quality - The board approved the remaining $25,000 to commence monitoring in an additional catchment at its September 2017 meeting. A workshop to discuss options with the board is scheduled for November 2017. Due to the delayed start, not all budget may be spent this financial year.

Financial performance

12. Below is a summary of the financial performance for this quarter:

· Operating expenditure year to date relating to Asset Based Services (ABS) is tracking to 56 per cent of budget while the LDI operations budget has been delivered at 25 per cent to date. This is mainly due to grants funding yet to be allocated.

· The revenue received in quarter one has achieved the total budget from the year.

· Capital spend of $33k relates to Mulberry Grove wall restoration, Station Rock track signage and Gooseberry track tables.

· The complete Great Barrier Financial Performance report can be found in attachment C.

Key performance indicators

13. The local board agreements include level of service statements and associated performance measures to guide and monitor the delivery of local services. This report provides information on the performance measure year-end outlook for Great Barrier Local Board’s measures, showing how we are tracking after the first quarter of FY18 (attachment D).

14. The year-end outlook is that 25 per cent of measures will not achieve target.

15. Currently all performance measures are being reviewed as part of the development of the 2018-2028 Long Term Plan.

16. For the first and second quarter we will be providing the year-end outlook based on the results of 2016/17 or for any changes to the outlook based on results available. In the third quarter we will be in a better position to accurately project the year-end outlook for all measures. This is because the frequency of most measures is annual as data is collected through surveys.

Consideration

Local board views and implications

17. This report informs the Great Barrier Local Board of the performance for the quarter ending 30 September 2017.

Māori impact statement

18. Whilst a number of the board’s work programme projects involve Māori engagement, there are four projects with direct Māori outcome focuses. The four projects updates are as follows:

19. Heritage Plan: Staff have engaged with local community in July and undertaken some site visits and starting to write up the Historic Context Statement. The Māori Cultural Heritage Team is conducting their own survey on Great Barrier and will share information gathered on Māori sites which will be utilised in the heritage survey.

20. Support engagement for Ngati Rehua Ngatiwai ki Aotea Trust: The local board identified potential projects of common interest to be included in a funding agreement with Ngati Rehua Ngatiwai ki Aotea Trust. In Q2, a funding agreement will be completed for iwi liaison to support the relationship between the Great Barrier Local Board and the local iwi trust.

21. Marine project: The project is deferred due to waiting on Treaty Settlements and SeaChange as scoping for the project is dependent on further discussions with Ngati Rehua Ngatiwai ki Aotea Trust.

22. Visitor Strategy: New Zealand Tourism Research Institute (NZTRI) was appointed by the local board in July as the specialist to lead the development of the Great Barrier Island Tourism Strategy. NZTRI commenced the development of the visitor strategy in September. The first stakeholder meeting was held on Great Barrier Island on 12 September.

Implementation

23. The Local Board will receive the next performance update following the end of quarter 2, December 2017.

Attachments

No.	Title	Page
a ⇩	Work programme snapshot	19
b ⇩	Work programme update	21
c ⇩	Financial performance	29
d ⇩	Key performance indicators	37

Signatories

Author

Jacqui Fyers – Local Board Advisor

Authorisers

Carol McKenzie-Rex – General Manager Local Board Services

John Nash – Relationship Manager Great Barrier & Waiheke

Great Barrier Local Board

21 November 2017

Amendment of the Auckland Transport Election Signs Bylaw 2013 and its impact on local parks

File No.: CP2017/23582

Purpose

1. The purpose of this report is to:

· update the Great Barrier Local Board on the changes to the Auckland Transport Election Signs Bylaw; and

· propose a nine week time restriction on public election sign sites.

Executive summary

2. On 1 August 2017 the Auckland Transport Board amended the Auckland Transport Election Signs Bylaw 2013 (“the Bylaw”) which removed the nine week time restriction on the display of election signs. This change came about due to concerns that the time restrictions may limit the right to freedom of expression in the New Zealand Bill of Rights Act 1990 (“BoRA”).

3. Due to the Bylaw amendment, public sites, including those in local parks and reserves, can now be used for election signs for longer than nine weeks. Signs must relate to a specific election, and must be removed prior to the day of the election. However, there is no limit on the length of time that they can be erected prior to the election.

4. Under section 14 (freedom of expression) of the BoRA everyone has the right to freedom of expression. Under section 5 (justified limitations) of the BoRA the rights and freedoms contained in the Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

5. Local boards must balance the need to provide adequate advertising locations to allow the democratic process to run smoothly, while ensuring that parks and reserves are not overly encumbered with election signage.

6. Election signs restrict the public use of parks, have an impact on amenity and create potential safety issues. Increasing the amount of time that election signs can be erected for will lead to additional compliance and maintenance costs.

7. Staff recommend that local boards limit the time period for election signs on parks and reserves to a nine week period. This option would still provide for election signs in parks and reserves and meet community expectations. These changes would apply to the upcoming by-elections in February 2018 and any future elections, unless the decision is revisited.

8. A nine week period is also consistent with the Electoral Act 1993, which provides that no limitation contained in a bylaw restricts election advertising for a period of nine weeks prior to a general election. This legislation contemplates that local authorities may seek to limit the display of election signs, but provides an override for a nine week period. Further, a nine week restriction for public sites has been in place in Auckland since the bylaw was made in 2013, and therefore continuation of this restriction is in line with community expectations. The complaint to the Minister of Transport in 2016 concerned private sites, which are not affected by the proposal to reintroduce a time restriction on public sites.

Recommendations

That the Great Barrier Local Board:

a) amend landowner approvals for election signs to provide a nine week time restriction on local parks and reserves identified in the List of Election Sign Sites.

b) request that Auckland Transport’s Traffic Control Committee provide a nine week time restriction for election signs on road reserve to provide a consistency for public sites across Auckland.

c) request that Auckland Transport’s Traffic Control Committee consider updating their List of Election Sign Sites to reflect these time restrictions in accordance with clause 6 of the Election Signs Bylaw 2013.

Comments

Background

9. On 1 August 2017 the Auckland Transport Board amended the Auckland Transport Election Signs Bylaw 2013 (“the Bylaw”). This amendment, among other things, removed the nine week time restriction on the display of election signs.

10. During the 2016 local body election, a private citizen requested the Minister of Transport to disallow the Bylaw under the provisions of the Land Transport Act 1998. This was due to the time restrictions on the display of election signs, the Bylaw breached the right to freedom of expression in the New Zealand Bill of Rights Act 1990 (“BoRA”). The Minister took no action at the time, but required Auckland Transport to review the time restriction in 2017.

11. Prior to the amendment, Auckland Transport consulted with the public and stakeholders. Of the 51 submissions received, 40 disagreed with the proposed removal of the time restriction. They raised concerns over visual pollution issues (loss of amenity if signs remained longer than a nine-week period) and increased safety risk associated with the lack of maintenance and the temporary nature of such signage and supporting structures.

12. Auckland Transport specifies which public sites are suitable for the display of election signs. The report to the Auckland Transport Board (1 August 2017) concluded that time restrictions could be imposed through this process (by only permitting public sites to be used for limited periods of time). This was thought sufficient to address concerns raised by submitters on this issue. Auckland Transport will be seeking feedback from local boards on signage sites prior to the 2019 local body elections. The Auckland Transport website provides a list of the current election sign sites (https://at.govt.nz/about-us/bylaws/election-signs-bylaw/#v).

13. Local Boards have the jurisdiction of local parks and reserves. Prior to the 2016 local body elections, Auckland Transport sought feedback from local boards about the use of local parks and reserves for the use of temporary election signs. Auckland Transport updated the List of Election Sign Sites (located on the Auckland Transport website) following consideration of local board feedback. Due to the Bylaw amendment, these sites, including those in local reserves, can now be used for election signs for periods longer than nine weeks, and this needs review.

Existing issues caused by election signs

14. During the run up to the 2017 general election (1 July 2017 to 29 Sep 2017), council received 131 complaints about election signs. Of those complaints received 63 were about signs being placed in the wrong location, 20 were about oversized signs, 17 raised maintenance issues and 11 complaints were about early placement. There were also a small number of complaints about signs being erected on private property without permission, multiple signs being located on one site and safety hazards. Twenty percent of the complaints were associated with signs on parks and reserves. Community Facilities noted that existing issues with election signs relate to broken signs, which are often abandoned and become an eyesore or hazard.

15. Council staff anticipate that if election signs are erected for a period longer than nine weeks, there will be additional issues with amenity and safety. Safety concerns include risks associated signs collapsing or blowing down and broken hoardings creating hazards like sharp edges.

16. There will also be additional complaints and increased council costs associated with compliance and park maintenance.

Freedom of expression

17. The following analysis of considerations under BoRA has been prepared by council’s Legal and Risk Department.

18. Under section 14 (Freedom of expression) of the BoRA everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form. Restricting the time period that parties and candidates for election can erect signs promoting their election campaigns restricts the freedom of expression.

19. Under section 5 (Justified limitations) of the BoRA the rights and freedoms contained in the Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

20. The section 5 inquiry has been summarised in a leading Supreme Court case (R v Hansen [2007] NZSC 7) as follows:

(a) does the limiting measure serve a purpose sufficiently important to justify some limitation of the right or freedom?

(b) If so, then:

(i) is the limit rationally connected with the objective?

(ii) does the limit impair the right or freedom no more than is reasonably necessary for sufficient achievement of the objective?

(iii) is the limit in due proportion to the importance of the objective?

21. In considering the approach to determining whether a limiting measure impairs a right "no more than is reasonably necessary", the Court of Appeal in Ministry of Health v Atkinson [2012] 3 NZLR 456 endorsed the following approach from a Canadian case:

"The law must be carefully tailored so that rights are impaired no more than necessary. The tailoring process seldom admits of perfection and the courts must accord some leeway to the legislator. If the law falls within a range of reasonable alternatives, the courts will not find it overbroad merely because they can conceive of an alternative which might better tailor objective to infringement. On the other hand, if the government fails to explain why a significantly less intrusive and equally effective measure was not chosen, the law may fail."

22. The Court of Appeal agreed that if there is an alternative option that will have less impact, it does not follow that the option adopted is necessarily outside the range of reasonable alternatives.

Purpose of restriction

23. The purposes of the proposed time restriction on public sites are set out above and can be summarised as:

· minimising the risk to public safety (e.g. signs collapsing or blowing down, broken hoardings creating hazards like sharp edges);

· allowing the public to have access and use of public reserves with minimal disruption;

· maintaining visual amenity in public places; and

· limiting the amount of public expenditure that must be spent on compliance monitoring and enforcement, and the maintenance of parks and reserves.

24. These are legitimate concerns that justify some limitation on the freedom of expression.

Connection with objective

25. The proposed time restrictions are rationally connected with the achievement of these purposes. Limiting the amount of time that an election sign may be displayed (and therefore limiting expression on such signs) is intended to promote and protect public safety and/or amenity, protect access to public parks and reserves, and minimise expenditure on compliance and maintenance.

Restriction no more than reasonably necessary

26. The proposed nine week restriction is a reasonable limit on the freedom of expression for signs in public places. The restriction applies only to signs on the designated public sites. Elections signs may be displayed without time restriction on any private property (including commercial billboards and poster board sites). Further, the election signs to which the restriction applies are located in public places, where there is no general right to have the structure in any event - the bylaw therefore effectively authorises the sign (and the expression) when it would not otherwise be allowed.

27. Election signs are only one means of advertising a candidate or party in an election. Other options open to candidates include the internet (e.g. social media advertising), radio or television advertising, pamphlets, letterbox drops, public meetings, and advertising on vehicles.

28. A nine week period is also consistent with the Electoral Act 1993, which provides that no limitation contained in a bylaw restricts election advertising for a period of nine weeks prior to a general election. This legislation contemplates that local authorities may seek to limit the display of election signs, but provides an override for a nine week period. Further, a nine week restriction for public sites has been in place in Auckland since the bylaw was made in 2013, and therefore continuation of this restriction is in line with community expectations. The complaint to the Minister of Transport in 2016 concerned private sites, which are not affected by the proposal to reintroduce a time restriction on public sites.

29. Given the wide range of advertising and promotional opportunities open to candidates, the proposed restriction on public parks and reserves does not restrict the freedom of expression more than reasonably necessary.

Proportionality

30. Overall, the proposed time restriction is not considered to be a disproportionate limit on freedom of expression, given the importance of the objectives. Ensuring the public safety of park users is a matter of very high importance, and there is also a high amenity value in regulating the proliferation of election signage that occurs prior to every election. A reasonably high level of interference with freedom of expression might therefore be justifiable. In fact, however, the time restriction involves only a reasonably modest limit on freedom of expression. It is a measured response, far from being a blanket ban, and candidates can still promote or otherwise express themselves using other means. The proposed restriction is consistent with community expectations and the Electoral Act, and many other councils around New Zealand similarly restrict election signage, suggesting the proposal is not out of step with what is considered reasonable regulation of election signs that are in or visible from public places.

31. The proposed time restriction is therefore not considered to be inconsistent with the BoRA. Such limits as there are on freedom of expression are reasonable and "can be demonstrably justified in a free and democratic society", in terms of section 5 of that Act.

Options

32. Local boards have the following options available to them, which are discussed in more detail below:

· continue without a time limit on public election signs;

· amend landowner approvals to limit the time period to nine weeks prior to an election;

· amend landowner approvals to limit the time period of shorter or longer than nine weeks; or

· revoke landowner approval for election signs on parks and reserves.

33. The pros and cons of each approach are provided in Table 1.

Option 1 - Continue without a time limit on public election signs

34. Under the do nothing option, local boards would continue to allow use of the parks and reserves as provided for in the List of Election Sign Sites. There would be no time limit on how long the signs could remain on parks and reserves. Staff do not recommend this option.

Option 2 - Limit time period to nine weeks on parks and reserves

35. Under this option, election signs on parks and reserves would be limited to a time period of nine weeks before the election date. This would be consistent with the timeframes that local boards agreed to when Auckland Transport sought feedback on the sites in the List of Election Sign Sites. It is also consistent with the time limitations imposed during the general elections. This option would still provide for election signs in parks and reserves and meet community expectations (as the nine week time period has been past practice).

36. If this option was selected, local boards would need to request that Auckland Transport to resolve to update the list sites that are suitable for the display of election signs under clause 6 of the Bylaw.

37. Staff recommend that the Local Board adopt this option.

Option 3 - Amend landowner approvals to limit the time period of shorter or longer than nine weeks

38. Under this option election signs on parks and reserves would be limited to a time period, with the length determined by the local board. The key disadvantage of this proposal is that if different sites have different time limits, this could lead to confusion for candidates and the public and lead to inadvertent non-compliance, therefore it is not recommended

39. As with option two, local boards would need to instruct Auckland Transport to resolve to update the list sites that are suitable for the display of election signs under clause 6 of the Bylaw.

Option 4 - Revoke landowner approval for election signs on parks and reserves

40. Under this option, landowner approval for election signs on parks and reserves would be revoked. While this option would remove the impacts of election signs on parks and reserves, it would also reduce the available locations for election signs, therefore it is not recommended.

Table 1 – Pros and cons of options for election signs on parks and reserves

Pros

Cons

Option 1 – Continue without a time limit on public election signs

· Consistent administration of the Bylaw across local boards

· Opportunity to update time limits is provided when Auckland Transport undertakes a review of public election sign sites.

· Provides the opportunity for candidates to erect signs at any time, and retain them there until the day prior to the election.

· Potential to “privatise” parks and reserves where signage is located over extended periods of time.

· Potential to increase maintenance costs (e.g. mowing around signage).

· Potential to increase the compliance costs of administering signage under the Bylaw.

· Increased risk to safety due to the temporary nature of signage and decay of signs over time.

· Increased opportunity to progressively impact on amenity, where signs become scruffy from prolonged exposure to the elements.

· Increased chance of public dissatisfaction and complaints.

Option 2 - Limit time period to nine weeks on parks and reserves

· Continues the status quo (prior to the Bylaw change), and is consistent with community expectation.

· Limits the adverse impacts of signage (visual amenity, safety).

· Limits the impact on maintenance contracts (e.g. mowing around signs).

· Limits safety and amenity concerns to a nine week timeframes.

· Consistent with the nine week Electoral Act timeframe.

· Small loss of amenity and use of parks and reserves due to election signage over a short period of time.

· Needs Auckland Transport to also impose a nine week time limit on road reserve to ensure consistency.

Option 3 - Amend landowner approvals to limit the time period of shorter or longer than nine weeks

· Limits the adverse impacts of signage (visual amenity, safety).

· Limits the impact on maintenance contracts (e.g. mowing around signs).

· Limits safety and amenity concerns to a short timeframe.

· Inconsistent timeframe across local board areas would be confusing for candidates, the public and council staff.

· If the timeframes are shortened significantly, there may be freedom of expression implications under the BoRA.

Option 4 - Revoke landowner approval for election signs on parks and reserves

· Removes any effects caused by election signs on parks and reserves.

· The number of public places for election signs is decreased across the Auckland region.

· If there are very limited election sign locations, there may be freedom of expression implications under the BoRA.

41. Option 2 is the preferred option because it continues to provide for election signs on parks and reserves and is consistent with what local boards have previously agreed when making previous decisions on placement of election signs.

42. The inclusion of a nine week time limit provides some consistency with the Electoral Act. During the nine weeks before polling day the display of election advertisements are not subject to prohibitions imposed in other enactments or in bylaws imposed by local authorities.

43. Staff also consider that a consistent approach to time limits across all local board areas is important. This is because it will provide consistent rules and messaging across the region for candidates, the public and council staff.

Consideration

Local board views and implications

44. This report seeks direction from the local board on whether or not to impose a timeframe on election signs in parks and reserves under the Auckland Transport Election Signs Bylaw 2013. All local boards are considering the report to ensure there is a consistent set of rules for election signs across Auckland.

Māori impact statement

45. The impacts associated with election signs are considered to have a similar impact on Māori compared to the general population. There has been no specific engagement with iwi or mana whenua as part of this report.

Implementation

46. Information provided to candidates for the upcoming February 2018 by-elections will include the location of public election sign sites and time restrictions agreed by local boards and Auckland Transport.

47. These changes would apply to the upcoming by-elections in February 2018 and any future elections, unless the decision is revisited.

Attachments

There are no attachments for this report.

Signatories

Author

Carol Stewart - Senior Policy Advisor

Authorisers

Anna Bray - Policy and Planning Manager - Local Boards

Carol McKenzie-Rex – General Manager Local Board Services

Great Barrier Local Board

21 November 2017

Auckland Transport Update – November 2017 to the Great Barrier Local Board

File No.: CP2017/23878

Purpose

1. To respond to requests on transport-related matters, provide an update on the current status of Local Board Transport Capital Fund (LBTCF) and, provide transport related information on matters of specific application and interest to the Great Barrier Local Board and its community.

Executive summary

2. In particular, this report covers:

· Information on the board’s transport capital fund projects

· Updates on Auckland Transport (AT) operations on Great Barrier

Recommendation

That the Great Barrier Local Board:

a) note the contents of the Auckland Transport Update – November 2017 to the Great Barrier Local Board report.

Comments

Transport capital fund update

3. The Great Barrier Local Board has $328,104 available in their Local Board Transport Capital Fund (LBTCF).

4. Auckland Transport is investigating rough orders of costs for the following projects:

· Continuing the Hector Sanderson walkway to the Cross Roads and from the Police Station to Claris shops and

· A walkway from the Cross Roads along Whangaparapara Rd to the hot springs.

· For solutions on the road corridor to address Claris shopping centre car parking safety and congestion issues.

Upcoming projects and activities of interest to the board

5. Dingy facility at Shoal Bay: This project is currently getting its consent, and the detailed design is being finalised for both the ramp and the dinghy rack.

6. Shoal Bay pontoon: Depending on weather, the contractor has confirmed they are going to be installing the new pontoon and replacing the gangway Wednesday 15 November 2017.

7. Recreational pontoon: The AT wharf maintenance contractor STF will provide two plastic pontoons (similar to the ones down at Shoal Bay wharf) for the local board to use as they would like. The pontoons will come with an aluminum ladder and mooring. Our recommendation is to attach the two together (they come with the necessary bits to do this), and create a decent sized swimming platform with ladder which can then be moored off a beach somewhere. It is possible they will require a consent and we are following up on this. Supply and delivery to the island is free to the local board.

8. Reseals: Work will be taking place on Aotea Rd, Blind Bay Rd, Cape Barrier Rd, Gray Rd, Medland Rd, Oceanview Rd, Oruawharo Lane, Schooner Bay Rd, Shoal Bay Rd and The Lane. Pre-seal repair digouts are all complete for upcoming reseals. Sealing crew is scheduled to come over in November 2017.

9. Rehab: Concrete enabling work is underway for the road rehab on Medland Road.

10. Gray Road Remediation: The team is going to conduct some investigation work prior to the resealing in November 2017 to fully ascertain what has gone wrong. This is rework and is entirely at the expense of Fulton Hogan.

11. Sandhills Road: The renewals and maintenance team are investigating whether putting a different grade of aggregate on this road would reduce the amount of dust produced.

Quarterly Report

12. The quarterly report outlining Auckland Transport’s activities over the July - September 2017 quarter forms attachment A to this report. It contains an overview of information on projects located within the Great Barrier Local Board area and those with regional significance.

Community bike fund open for applications

13. Auckland Transport is launching a Community Bike Fund with $35,000 of funding available to community groups to support cycling initiatives and projects.

14. The fund has been established to recognise and support the work of community groups that champion bike riding in the region. Many community organisations have great ideas and Auckland Transport is keen to work with them to deliver creative projects that encourage more people to ride bikes more often.

15. Funding is available during 2017/18 for community-focussed projects that encourage riding a bike as a regular transport option, improve cycle safety, and contribute to the normalisation of cycling in Auckland. The fund can be used for community events, activities, training programmes, and the development of resources and information for specific communities.

16. The AT Community Bike Fund budget available is $35,000. The maximum grant amount per application is $5,000. The first round is open for applications from the 30 October to 13 of December 2017. Applicants can apply online and read the grant policy at https://at.govt.nz/cycling-walking/at-community-bike-fund/ .

Attachments