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

 

Date:                      

Time:

Meeting Room:

Venue:

 

Tuesday, 12 December 2017

4.00pm

Devonport-Takapuna Local Board Chamber
Takapuna Service Centre
Level 3
1 The Strand
Takapuna

 

Devonport-Takapuna Local Board

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Chairperson

Dr Grant Gillon

 

Deputy Chairperson

George Wood, CNZM

 

Members

Mike Cohen, QSM, JP

 

 

Jennifer McKenzie

 

 

Jan O'Connor

 

 

Mike Sheehy

 

 

(Quorum 3 members)

 

 

 

Heather Skinner

Democracy Advisor

 

6 December 2017

 

Contact Telephone: 021 190 5687

Email: heather.skinner@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Devonport-Takapuna Local Board

12 December 2017

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Notices of Motion                                                                                                          6

12        Regional Facilities Auckland - First Quarter 2017/18 Report                                   9

13        Auckland Transport Monthly Update - December 2017                                          31

14        Devonport-Takapuna Local Board Open Space Network Plan                             43

15        Local board feedback on rates remission and postponement policy review       47

16        Decision-making allocation update                                                                           81

17        10-year Budget 2018-2028 consultation                                                                    99

18        Revising the local board Standing Orders                                                             113

19        Ward Councillors Update                                                                                         309

20        Elected Members' Reports                                                                                       311

21        Devonport-Takapuna Local Board - Record of Workshops November 2017     313

22        Governance Forward Work Calendar                                                                     321  

23        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

24        Procedural Motion to Exclude the Public                                                               327

15        Local board feedback on rates remission and postponement policy review

d.      All community and sporting remissions by local board area                     327  

 


1          Welcome

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

4          Confirmation of Minutes

 

That the Devonport-Takapuna Local Board:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 28 November 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 Devonport-Takapuna Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

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.

 


Devonport-Takapuna Local Board

12 December 2017

 

 

Regional Facilities Auckland - First Quarter 2017/18 Report

 

File No.: CP2017/25700

 

  

 

Purpose

1.       For the Devonport-Takapuna Local Board to receive the Regional Facilities Auckland (RFA) First Quarter 2017/18 report.

 

Executive summary

2.       The appended report (Attachment A) outlines the RFA’s first quarter work programme, covering the period ending 30 September 2017.

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receives the Regional Facilities Auckland First Quarter 2017/18 report.

 

 

 

Attachments

No.

Title

Page

a

Regional Facilities Auckland First Quarter 2017/18 Report

11

      

Signatories

Author

Heather Skinner - Democracy Advisor

Authoriser

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

Auckland Transport Monthly Update - December 2017

 

File No.: CP2017/25847

 

  

 

Purpose

1.       The December 2017 Auckland Transport monthly update for the Devonport-Takapuna Local Board is attached.

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receives the Auckland Transport December 2017 monthly update report and thank Marilyn Nicholls, Elected Member Relationship Manager for her presentation and attendance.

 

 

 

Attachments

No.

Title

Page

a

Auckland Transport Monthly Update - December 2017

31

     

Signatories

Author

Heather Skinner - Democracy Advisor

Authoriser

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

Devonport-Takapuna Local Board Open Space Network Plan

 

File No.: CP2017/25184

 

  

 

Purpose

1.       To seek the Devonport-Takapuna Local Board’s approval of the development of an open space network plan.

Executive summary

2.       The key purpose of the open space network plan is to inform local board open space planning, resource allocation and advocacy over a 10-year period.

3.       The objective of the network plan is to increase use, and to improve the quality, of parks and open space.

4.       The scope of work includes:

·     identifying and analysing the current performance of the open space network;

·     identifying the aspirations and key moves required to improve performance of the open space network; and

·     identifying and prioritising local place-based actions to achieve the key moves.

5.       The target date for completion of the open space network plan is June 2018.

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      approve the scope of work for the preparation of an open space network plan.

 

 

Comments

Background

6.       The vision for Auckland is to be “a world class city where talent wants to live”. The network of Auckland’s parks and open spaces will need to continually grow and improve to support this vision.

7.       An open space network plan documents the local board’s aspirations and priorities for the future development of local parks and open spaces in response to local diversity and preferences.

8.       The Parks and Open Spaces Strategic Action Plan 2013 recommends the development of an open space network plan for all local board areas based on current state analysis and a prioritised set of actions to improve the network.

9.       The Devonport Takapuna Area Plan endorses this approach and notes the following:

“Develop an open space network plan that identifies the area’s open space needs, aspirations and opportunities for enhancement for all future users, particularly where usage is planned to intensify such as in and around centres and implement when funds are available.”

 

 

 

Scope of work

10.     The process for the development of a network plan involves research, investigation and planning phases as outlined in Figure 1 below: 

Figure 1: Open space network planning process

 

11.     The scope of work includes:

·     identifying and analysing the current performance of the open space network;

·     identifying the aspirations and key moves required to improve performance of the open space network; and

·     identifying and prioritising local place-based actions to achieve the key moves.

12.     Within scope are all local board controlled and managed outdoor public spaces, including parks and open spaces, greenways and outdoor civic areas.

13.     Out of scope are reserve management plans, regional parks, maunga, recreation facilities including stadiums, pools, indoor courts and cemeteries.

14.     The target date for completion of the open space network plan is June 2018.

 

Financial implications

15.     The budget for the above scope of work is funded by Community and Social Policy; therefore there is no direct financial cost to the local board, assuming the board does not choose to consult on the network plan.

 

16.     No funding has been allocated for public consultation on the development of the network plan. This is because the plan informs local board decision-making and there is no statutory requirement to involve the public at this stage. Public consultation typically takes place prior to the development of any parks.

17.     Local board funding will need to be allocated if public consultation is sought during the development of the network plan.

18.     No additional budget is provided for the implementation of the open space network plan. Local boards need to operate within existing budget allocations or advocate for additional funding through Annual and Long-term Plan processes.

 

Next steps

19.     Two workshops seeking the local board’s views have been arranged for February and April 2018. An outline of project milestones is presented within Figure 2 below:

Figure 2: Project Timelines

Milestone

Date

Local board workshop 1

· review comments from engagement with mana whenua

· review survey results

· solicit feedback to Stage 1 findings, visioning workshops with internal stakeholders, Local Board Services and the wider parks team

· identify open space needs and outcomes and their implications

 

 

27 February 2018

Mana whenua workshop 2

7 March 2018

Local board workshop 2

·        discuss themes and prepare key moves

·        actions

 

10 April 2018

Report key moves

15 May 2018

Report to local board seeking adoption of the open space network plan

18 June 2018

Consideration

Local board views and implications

20.     Staff will engage with the local board on the development of the plan through a series of workshops.

Māori impact statement

21.     The provision of quality parks and open spaces help to facilitate Māori participation in sport and recreation.

22.     Mana whenua have a special cultural and spiritual relationship with the environment, which is a matter of national importance under the Resource Management Act and includes wahi tapu, taonga, water, ancestral lands.

23.     Staff held a workshop with mana whenua on 6 December 2017. The issues of significance to Māori and to iwi authorities in the region include:

·     recognising the Treaty of Waitangi/Te Tiriti o Waitangi and enabling the outcomes that Treaty settlement redress is intended to achieve;

·     protecting mana whenua culture, landscapes and historic heritage;

·     enabling mana whenua economic, social and cultural development on Māori land and Treaty Settlement land;

·     recognising the interests, values and customary rights of mana whenua in the sustainable management of natural and physical resources, including integration of mātauranga and tikanga in resource management processes;

·     increasing opportunities for mana whenua to play a role in environmental decision-making, governance and partnerships; and

·     enhancing the relationship between mana whenua and Auckland’s natural environment, including customary uses.

Implementation

24.     The open space network plan will prioritise actions over 10-year period to improve the open space network. The local board will implement these actions as funding allows.

 

Attachments

There are no attachments for this report.     

Signatories

Author

Sam Noon - Principal Policy Analyst

Authorisers

Paul Marriott-Lloyd - Senior Policy Manager

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

Local board feedback on rates remission and postponement policy review

 

File No.: CP2017/25858

 

  

 

Purpose

1.       Seek preliminary feedback from local boards on the review of the rates remission and postponement policy, and in particular the legacy schemes. Feedback will be considered by the Finance and Performance Committee when agreeing a rates remission and postponement policy, and any options, for consultation.

Executive Summary

2.       The council is required to review its rates remission and postponement policy every six years.

3.       Rates remissions are a reduction in rates, usually by a set percentage. Rates postponement defers the payment of rates to a future point in time, usually the sale of the property.

4.       The current policy includes six regional schemes and eleven legacy schemes inherited from the former councils that are only available within the former districts. Only minor changes are proposed to the regional schemes.

5.       Officers recommend Option 1 - that the legacy schemes (excluding the postponement for Manukau sports clubs) be replaced with grants because:

·     funding decisions are more transparent;

·     spending for each activity is within an annual budget; and

·     the level of support for each organisation is more visible.

6.       A three-year transition is proposed for current recipients, during which they will receive their current funding via a grant. At the end of transition, they would need to apply for renewal.

7.       Current legacy remissions and postponements funding would move to grant budgets:

·     regional grants programmes: remissions for natural heritage and community/sporting remissions for regional/sub-regional facilities

·     local board grants programmes: all other legacy remissions in the relevant area and the Great Barrier Island postponements.

8.       Each board will be funded to provide the same level of grants as is presently provided in b) above. After three years, boards can choose to continue the grants if they wish. While some boards will get more funding than others, this will be smoothed over time by the local board funding policy.

 

Alternative options

9.       The other three options were considered and rejected because:

·     Option 2: keeping the current remissions schemes is inequitable;

·     Option 3: extending the remissions in their current form is costly and does not provide the same level of transparency and oversight as is achieved with grants; and

·     Option 4: removing the schemes with no replacement could present some ratepayers/community groups with affordability issues.

 

10.     Local board feedback on the review will be included in the report to the Finance and Performance Committee in February. Public consultation on the proposed Rates remission and postponement policy and any options will occur in April. Local boards will be able to consider public feedback, and provide their formal views on the proposed policy at their May meetings. Local board and public feedback will be reported to the 31 May meeting of the Finance and Performance Committee when adoption of the policy will be considered.

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      resolves feedback on the options to address the legacy council rates remission and postponement schemes.

 

 

Comments

Background

11.     The current Rates remission and postponement policy includes:

·     six regional schemes available to all ratepayers, with the objectives to:

provide ratepayers with some financial or other assistance where they might otherwise have difficulty meeting their obligations; and

address circumstances where the rating system results in anomalies in the incidence of rates.

·     eleven legacy schemes supporting community objectives set by the former councils and only available in some areas:

five remission schemes for natural and in some cases historic heritage;

six remission schemes for community and sporting organisations;

a rates postponement scheme for sports clubs in Manukau; and

a rates postponement scheme for businesses on Great Barrier Island.

12.     A summary of the regional and legacy schemes and the amount of remission or postponement granted in 2016/2017 is in Attachment A. The full rates remission and postponement policy is in Attachment B.

Assessment of regional schemes

13.     Officers have reviewed the regional schemes and identified that the schemes are operating in accordance with expectations. The only amendment proposed to the regional schemes is to simplify the remission scheme for rates penalties. This amendment will be designed to maintain ratepayers’ existing level of access to penalty remissions. 

Assessment of legacy schemes

14.     Four options were considered for the legacy schemes:

·     Option 1: integrate with grants schemes with three-year transition for current recipients;

·     Option 2: retain the status quo;

·     Option 3: extend to entire region; and

·     Option 4: remove.

15.     A summary of the options can be found in Table 1 at the end of this report.

 

16.     The following criteria were used to assess options for the legacy remissions and postponements policies.

·     equity – same treatment for all ratepayers in all areas across Auckland;

·     transparency;

·     cost;

·     minimising the effects of change; and

·     administrative simplicity.

Option 1: Integrate remissions and postponements with grants schemes with three-year transition (excluding the Manukau postponement scheme for sports clubs)

17. This option would remove the present remission and postponement schemes.  Up to the current amount equivalent of the 2018/2019 remission would be transferred to grants expenditure in the relevant areas over the next three years.  The amount of grants will be adjusted for the increase in rates in the subsequent two years.

18. This option will increase the council’s grants and other budget lines by $900,000. This increase is offset by the increase in rates revenue of $900,000 resulting from remissions no longer being applied. There is no net cost to ratepayers of converting rates remissions to grants.

Allocating grants

19.     Integration of remissions into wider regional, or local, grants schemes is preferable because:

·     allocation of rates expenditure will be transparent;

·     spending via grants is public and assessed against other comparable demands on public money in terms of efficacy. Value for money is regularly assessed;

·     administrative systems for grants are already in place although there will be a change in volume;

·     proposed transition will result in no change for recipients over the three years;

·     regional equity will be achieved over time as the legacy grants are integrated into the wider grants programme; and

·     enables equity between community organisations that own land and those that do not.

20.     Legacy schemes have been assessed against local and regional responsibilities. From this it is proposed that grants budgets be allocated as follows:

Remission/Postponement for

Aligns with

Grant allocates to

Natural heritage

Regional

Regional Environment and Natural Heritage Grants Programme 

Historic Heritage

Regional

Regional Historic Heritage Grants Programme

Regional or sub-regional sports facilities

Regional

Regional Sports and Recreation Grants Programme

Local sports clubs and facilities

Local

Local board where property receiving remission is located

Regional or sub-regional community facilities

Regional

Regional Community Development Grants programmes  

Local community organisations and facilities

Local

Local Bbard where property receiving remission is located

Great Barrier businesses

Local

Great Barrier Local Board

21.     Remissions for community and sporting organisations have been split between regional and local based on the area served by the property receiving the remission. For example, Eden Park, St John’s ambulance stations, IHC care homes and the SPCA have been classed as regional. Remissions for the Scouts Association and Plunket NZ have been classed as local because they relate to local scout halls and Plunket centres.

22.     The value of remissions by local board area can be found in Attachment C. A list of all community and sporting remissions by local board showing the ratepayer and amount of remission, can be found in Attachment D.

Three-year transition

23.     The relevant decision maker, e.g. the Governing Body Committee for regional grants and local boards for local grants, would be required to provide a grant to the level of the existing remission for a period of three years. The present recipient would therefore be protected from any change to their current funding for that period. At the end of the three years the decision maker can then decide whether to continue the grants on the existing basis or release the funds to the wider grants pool.

Option 2: Retain the status quo

24.     This option would retain the remissions and postponement schemes in their current form in the former council areas. Properties in other parts of the region would not be able to apply for them.

25.     This option is administratively simple for the council and recipients as it minimises change. Costs will depend on applications, but costs have been relatively stable over time. This option, however, is not equitable because the schemes are only available to ratepayers in some areas.

26.     Rates remissions and postponements are not a transparent mechanism for supporting wider council goals because they:

·     are recorded as a charge against revenue;

·     do not appear as a cost in the council’s accounts;

·     do not increase the rates requirement and hence do not impact the headline rates increase[1] (they still increase the rates burden on other ratepayers); and

·     are not prioritised against other expenditure proposals or subject to the same value for money scrutiny.

Option 3: Extend to entire region

27.     This option would extend the current policies to apply to the entire Auckland Council area. Extending the policies in their current form is equitable, and simplifies administration. However, this option:

·     increases costs to ratepayers without being compared to other council proposals that may offer greater benefits;

·     lacks evidence as to how much benefit will be returned by this investment; and

·     is not transparent as described in Option 2 above.

28.     The cost of extending existing legacy remission schemes regionally will depend on the criteria for eligibility. Costs for extending the current remission schemes have been estimated at $4.5-$6 million as follows:

·     extending remission for natural heritage to properties with a covenant managed by the Queen Elizabeth the Second Trust: $40,000. There are just over 100 properties in Auckland with a QEII covenant. If the criteria are extended to include other types of covenant, such as a covenant with a council, then the number of eligible properties will increase significantly. For example, there are 4,500 properties with a bush-lot covenant from Rodney Council.

·     extending remissions for historic heritage: $3 million. This is derived from the rates for properties that are scheduled Category A in the Auckland Unitary Plan, where the status is associated with a building. This ignores archaeological sites such as middens and pa, but will capture the whole value of properties where the heritage status only applies to part of the property.

·     extending remissions for community and sporting organisations: $1.5 million for 50 per cent remission to $3 million for 100 per cent remission. This is estimated by applying a full remission to properties currently receiving a five per cent remission for the Auckland Regional Council scheme for community and sporting organisations. This is likely to under estimate the value of remissions, as offering a more generous remission is likely to significantly increase the number of applicants.

Option 4: Remove the schemes

29.     Removing the schemes would lead to immediate financial impacts for a number of organisations presently receiving support from council.  While the sums remitted are in many cases small, it is not clear that all the current recipients would be able to adequately accommodate change in a short time period. 

Postponement for sports clubs in the district of the previous Manukau City Council

30.     It is not recommended that the rates postponements for Manukau Sports clubs be converted to remission. This is because the postponement is currently set to be cost neutral. This is achieved by interest being charged, and by the postponement being secured against the title of the property. The council can require the full amount of postponed rates and interest be paid before any sale of the property can proceed. It would not be effective or efficient to try and replicate the postponement through a grants process.

31.     The clubs are accruing a major liability against their land under this scheme. The total current liability including interest is $880,000. If the policy is not changed then rates will continue to accrue as the rates are never remitted. While the postponements are cost-neutral when they end, in the meantime they represent a significant debt liability at a time when the council is debt constrained. For this reason, officers prefer that the schemes be removed after a suitable transition period. (The outstanding liability at the time the scheme is removed would remain a liability on the land until its sale or transfer of ownership.)

32.     The two clubs receiving the postponement are zoned for residential development. Both clubs have significant (around 240 per cent) increases in capital valuation following changes in zoning under the unitary plan. One club has repaid a portion of its liability following the sale of part of the property, and has chosen to pay rather than postpone the current year’s rates.

33.     Officers propose to do further work to understand the individual circumstances of these two golf courses before developing formal recommendation and options for addressing this postponement scheme. Next steps and a timeline for actions will be included in the report to the February Finance and Performance Committee.

Next steps

34.     Preliminary feedback from local boards will be attached to the report to the February Finance and Performance Committee. The committee will agree a Rates remission and postponement policy, and any options, for consultation.

35.     Public consultation will occur in April. All current recipients of the legacy rates remission and postponement schemes will be notified of any proposed changes to enable them to submit feedback.

36.     Local boards will be able to consider the results of the public consultation, and provide formal feedback on the proposed policy, at their May meetings. 

37.     The Finance and Performance Committee will consider feedback from the public and local boards and adopt a final Rates remission and postponement policy by 31 May 2018. This enables the council’s budgets to be updated for the adoption of the Long-term Plan 2018-2028.

Review of the rates remission and postponement policy: Options for legacy remission and postponement schemes

Option

Description

Pros

Cons

Implementation

Option 1: Integrate with grants schemes

 

· Legacy remission and postponements schemes (excluding MCC postponement for sports clubs) transfer to regional or local grants schemes.

· Three-year transition – same level of support given as provided in remission or postponement

· Increased transparency and accountability – grants assessed for value for money

· Can cap costs

· No change for three years for current recipients – time to adjust

· Greater flexibility in application – not restricted to organisations that own land, level of support can reflect outcomes not property rates

· Reduced rates administration

· Increased grants administration

· Administrative systems already in place for grants

· Increase in grants volume

Option 2: Retain the status quo

 

·    Legacy remission and postponements schemes continue unchanged

· Minimises change

· Inequitable – only available in some areas, and only available to groups that own land

· Lacks transparency – spending not reviewed against other council priorities

· No cap on costs

 

 

 

 

 

· No change to current processes

Option 3: Extend to entire region

 

· Schemes expanded to regional schemes. Costs will depend on the criteria applied

· Increases equity across the region

· Cost – estimated at $4.5m to $6m

· No cap on costs

· Lacks transparency – spending not reviewed against other council priorities

· Lack of evidence this would improve outcomes

· Only available to groups that own property

· Increases volume of remissions to process

Option 4: Remove the schemes

· Legacy schemes removed without transition

· $700,000 reduction in cost of rates for 2018/2019

· No time for recipients to adjust

· Reduces rates administration

Consideration

Local board views and implications

38.     Implications for local boards are set out in the report. Under the proposal boards will be provided with additional funding to maintain the existing level of support for local community and sports groups in their board area that currently receive remissions.  However, local boards will have more grant applications to appraise in the future and potentially more decisions to make at the end of the three-year transition.

39.     This report seeks feedback from local boards to inform the consideration of this issue by the Finance and Performance Committee in February.

Māori impact statement                          

40.     None of the properties presently receiving remissions or postponements under the legacy schemes are known to be Māori owned or operated.

41.     The only reference to Māori in the legacy remission and postponement schemes is the provision for remissions for Māori reservations in the Rodney District. No properties applied under this criterion. Such properties would be eligible for remission under the council’s Māori freehold land rates remission and postponement policy. The council is not required to review its MFL rates remission and postponement policy until 2019. No changes are proposed for this policy.

42.     Under the principles for the Community Grants Policy, all grants programmes should respond to Auckland Council’s commitment to improving Māori outcomes.

Implementation

43.     Differences in implementation for each of the options are set out in the table above.

 

 

 

Attachments

No.

Title

Page

a

Summary of Auckland Council Rates remission and postponement policy scheme

55

b

Rates remission and postponement policy

61

c

Value of legacy schemes by local board area Remissions for communitysporting are split by regional and local

79

d

All community and sporting remissions by local board area (Under Separate Cover) - Confidential

 

     

Signatories

Authors

Beth Sullivan - Principal Advisor Policy

Andrew Duncan - Manager Financial Policy

Authorisers

Matthew Walker - Acting Group Chief Financial Officer

Carol McKenzie-Rex – Acting General Manager – Local Board Services

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

Decision-making allocation update

 

File No.: CP2017/25873

 

  

 

Purpose

1.       This report seeks local board input on the allocation of non-regulatory decision-making as part of the 10 Year Budget 2018-2028.

Executive summary

2.       The Local Government (Auckland Council) Act 2009 requires the Governing Body to allocate decision-making responsibility for non-regulatory activities either to the Governing Body or to local boards. This must be undertaken in accordance with certain legislative principles and after considering the views and preferences of each local board. There is a presumption that local boards will be responsible for making decisions on non-regulatory activities except where decision-making on a region-wide basis will better promote the wellbeing of communities across Auckland because certain criteria are satisfied.

3.       Each long-term plan and annual plan must identify the non-regulatory activities allocated to local boards.

4.       A significant review of this decision-making allocation was undertaken during the 2015-2025 Long-term Plan (LTP) cycle. The allocation was also recently considered during the Governance Framework Review over the period 2016-2017. A comprehensive review is thus not being undertaken this LTP cycle.

5.       One substantive change to the allocation is proposed in order to implement a policy decision from the Governance Framework Review: allocating certain local service property optimization decisions to local boards. There are various other minor wording amendments in order to improve clarity and consistency.

6.       Local board feedback is sought on this proposed allocation. It will be considered by the Governing Body during its adoption of the 10 Year Budget 2018-2028.

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      endorses the proposed allocation of non-regulatory decision-making as attached to the agenda report.

 

 

Comments

Background

7.       The Local Government (Auckland Council) Act 2009 sets out the functions and powers of the Governing Body and local boards. Local board functions and powers come from three sources:

·        those directly conferred by the Local Government (Auckland Council) Act 2009;

·        non-regulatory activities allocated by the Governing Body to local boards;

·        regulatory or non-regulatory functions and powers delegated by the Governing Body or Auckland Transport to the local boards.

 

8.       The Auckland Transition Agency (ATA) was given the task of determining the initial allocation of the council’s non-regulatory activities using the Local Government (Auckland Council) Act 2009 (the Auckland Council Act). In undertaking this exercise, the question considered by ATA was not “why should the activity be allocated to local boards?” but “why not?” This was in line with the Auckland Council Act.

9.       The non-regulatory decision-making allocation has been reviewed twice since the ATA first developed it, as part of the Long-term Plan 2012-2022 and the Long-term Plan 2015-2025. The current non-regulatory decision-making allocation was determined as part of the 2015-2025 Long-term Plan. It is written on an inclusive basis; it does not contain an exhaustive list of all elements that might make up an allocated activity.

10.     A significant review of the allocation was undertaken during the 2015-2025 Long-term Plan. The review concluded that a number of clarifications and text changes were required but no substantive changes were needed to the allocated responsibilities. The review also concluded that the then allocation had worked well and there had been a growing understanding and increasing sophistication of how to use it.

11.     The 2016 independent Governance Framework Review report also considered the decision-making allocation as part of the respective roles of the Governing Body and local boards, and what is working well and not working well in Auckland Council’s governance. As with the Long-term Plan 2015-2025 review the Governance Framework Review found that the current allocation is well understood, sensible, and generally works well. It did recommend that one minor technical change be made to the allocation to more accurately describe the current practical limitations of local board roles in park acquisitions. Further analysis and consultation demonstrated that this recommended change was not necessary.

12.     In responding to the Governance Framework Review report and considering how local boards could be further empowered, the Governing Body decided on a policy change that requires the allocation table to be amended. This is described below.

13.     Local boards were extensively consulted during the Governance Framework review.

14.     Due to the recent timing of the Governance Framework Review and the consideration of the allocation of non-regulatory decision-making as part of it, no comprehensive review of the allocation table is being undertaken this Long-term Plan cycle.

15.     The Governance Framework Review did identify other decision-making opportunities for local boards, e.g. around service levels. No change is required to the allocation table to provide for this; local boards already have the necessary responsibilities allocated to them. Rather the organisation needs to be in a position to provide local boards with quality advice when making those decisions.

Summary of proposed amendments

16.     The current allocation with proposed amendments is attached as Attachment A.

17.     The only substantive amendment to the allocation is to allocate decision-making for disposal of local service properties and reinvestment of sale proceeds to local boards where this falls within the service property optimisation policy. This policy was adopted in 2015 by the Governing Body and sets out the purpose and principles for optimisation of underperforming or underutilised service property. A key element is that sale proceeds from underperforming service property are locally reinvested to advance approved projects or activities on a cost neutral basis.

18.     Under the current allocation the Governing Body makes the final decision on disposal and acquisition of all property assets, including local service properties that may be optimised. Through the Governance Framework Review process the Governing Body agreed that these local service property optimisation decisions should be made by local boards.[2]

This amendment to the allocation implements this decision. This issue was canvassed with local boards during consultation on the Governance Framework Review and they were supportive of local boards holding this decision-making.

19.     The current allocation has one specific allocation for the Governing Body on acquisition and disposals - ‘acquisition and divestment of all park land, including the disposal of surplus parks.’ This was introduced to the allocation table in 2012 to provide clarity of decision-making responsibility in this space. This allocation would conflict with the new allocation given to local boards (disposal and reinvestment of property assets in line with the Service Property Optimisation Policy). In order to retain clarity an amendment has been made to the parks allocation to make it clear that the Governing Body’s responsibility for acquisition and divestment of parks does not apply in the case of the Service Property Optimisation Policy applying.

20.     Other minor changes to wording include:

·        Amending ‘Auckland-wide’ to ‘regional’ in several instances to maintain consistency throughout the allocation table.

·        Updating various names (such as Panuku Development Auckland and various parks and maunga) to bring them into line with Auckland Council style.

·        Updating descriptions of governance arrangements for several reserves to more accurately describe the current arrangements.

·        Renaming themes and activity groups to bring them in to line with the new LTP nomenclature.

·        Updating the planning language to bring it in line with Auckland Plan refresh nomenclature.

21.     Whilst not part of the allocation of decision-making, the preamble to the allocation table that describes what powers have been delegated to local boards has also been updated to note the recent decision to delegate certain Reserves Act powers to local boards. This delegation was an outcome of the Governance Framework Review.

 

Consideration

Local board views and implications

22.     Local board views on the proposed allocation are being sought via this report.

23.     There was extensive consultation with local boards about their decision-making roles and powers during the Governance Framework Review. This included:

·        workshops with each local board during the independent review phase;

·        workshops and one business meeting with each local board during the response phase.

24.     The review found that the allocation table was generally working well and no substantive changes to the allocation were recommended. This was specifically discussed with local boards during workshops. Feedback from local boards was generally supportive of this position.

Māori impact statement

25.     There are no particular impacts to Maori in relation to this report.

Implementation

26.     As the changes proposed to the decision-making allocation are not significant it is not necessary to publicly consult on them. Local board feedback will be reported to the Governing Body in 2018. Changes to the allocation would come into effect on 1 July 2018.

Attachments

No.

Title

Page

a

Proposed Allocation of Decision-Making Responsibility for Non Regulatory Activities

85

     

Signatories

Author

James Liddell - Portfolio Manager

Authorisers

Carol McKenzie-Rex – Acting General Manager – Local Board Services

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

10-year Budget 2018-2028 consultation

 

File No.: CP2017/25934

 

  

 

Purpose

1.       This report requests the Devonport-Takapuna Local Board (the local board) to:

·    adopt local content and supporting information for consultation as part of the 10-year budget 2018-2028 (otherwise known as the Long-term Plan or LTP) process; and

·    agree to three local engagement events to support the 10-year budget public consultation.

Executive summary

2.       The 10-year budget sets out the priorities and funding for council activities that are planned over a 10-year period.  It includes financial and non-financial information for the whole Auckland Council group.  The 10-year budget is reviewed on every three years.

3.       As part of this process, council is required to produce a consultation document and undertake public consultation.  This will raise and discuss any significant issues proposed to be included in the 10-year budget.  The consultation document and supporting information will also include information on local board issues and priorities. 

4.       Consultation on the 10-year budget will take place from 28 February to 28 March 2018.  Local boards will be consulting on their areas of focus and advocacy for their 2018/2019 Local Board Agreement.  The Local Board Agreement is part of the budget setting process for the first year of the 10-year budget 2018-2028.

5.       There will also be concurrent consultation on the Auckland Plan Refresh, Regional Land Transport Plan, Regional Pest Management Plan and the Waste Management and Minimisation Plan. 

6.       This report seeks agreement from the local board on the events that will be held in the local board area during the consultation period and to adopt their local content and supporting information for consultation, including their areas of focus for the 2018/2019 financial year and their key advocacy project (the ‘one local initiative’).

7.       Staff recommend that the local board consider an approach to the 10-year budget public consultation that builds on the community’s feedback, and asks for views that can inform both local board plan projects and the OLI.  Staff recommend this approach because it will:

·    provide meaningful, initial feedback which can inform projects as they’re developed and undertaken over the next year;

·    avoid asking questions on matters that the local board already knows are a priority for the community;

·    show a clear link between hearing and considering the community’s views, and the local board beginning to implement them; and

·    give an indication from the community whether they support a targeted rate to support the Lake Road Improvement projects.

8.       The Governing Body will agree regional items for consultation on 11 December and local boards will agree their items by 14 December.  The regional and local consultation items will then be incorporated into the consultation document and supporting information, which will be adopted by the Governing Body on 7 February 2018.


 

 

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      adopts Attachment A local content for consultation and Attachment B local supporting information for consultation, including the key advocacy project.

b)      agrees, subject to approval by the Governing Body, to hold the following events during the consultation period:

i)        Belmont School Fair: Saturday 3 March 2018;

ii)       Movies in Parks at Milford Reserve; Thursday 29 March 2018

iii)      Takapuna Sunday Market, Sunday 25 March 2018.

c)      Delegate to the following elected members and staff the power and responsibility to hear from the public through “spoken/NZ sign language interaction” in relation to the local board agreement at the council’s public engagement events during the consultation period for the 10-year budget 2018-2028:

i)        Local Board Members and Chairperson;

ii)       General Manager Local Board Services, Local Board Relationship Manager, Local Board Senior Advisor, Local Board Advisor; and

iii)      any additional staff approved by the General Manager Local Board Services or the Chief Financial Officer

d)      Delegates authority to the Chairperson to approve any final minor changes required following review by council’s legal team and/or Audit NZ, of the local consultation content for the 10-year budget 2018-2028 prior to publication, including online consultation content, and should any changes be made they are to be reported to the next business meeting.

 

Comments

Regional context and process

9.       The 10-year budget sets out the priorities and funding for council activities that are planned over a 10-year period.  It includes financial and non-financial information for the whole Auckland Council group.  The 10-year budget is reviewed on every three years.

10.     As part of this process, council is required to produce a consultation document and undertake public consultation.  This will raise and discuss any significant issues proposed to be included in the 10-year budget.  The consultation document and supporting information will also include information on local board issues and priorities. 

11.     As part of public consultation on the 10-year budget, local boards will consider and be consulting on their areas of focus and advocacy for their 2018/2019 Local Board Agreement.  The Local Board Agreement is part of the budget setting process for the first year of the 10-year budget 2018-2028. 

12.     Public consultation on the 10-year budget 2018-2028 will be undertaken from 28 February to 28 March 2018.  There will also be concurrent consultations on the Auckland Plan Refresh, Regional Land Transport Plan, Regional Pest Management Plan and the Waste Management and Minimisation Plan.   

13.     Aucklanders will be able to provide feedback during the consultation process through a variety of channels that includes events, written, social media and digital.

 

14.     At their 21 November 2017 meeting, the Finance and Performance Committee (the Committee) recommended the following approach the 10-year budget public consultation:

·    up to 25 Have Your Say events;

·    four regional stakeholder events (traditional hearing style);

·    an independently commissioned quantitative survey;

·    community specific events to collect feedback from different demographic and interest groups. Demographic events will target Youth, Seniors, Pacific, Ethnic, Rainbow and Disability communities;

·    hui with mana whenua and mataawaka; and

15.     The Committee also recommended that the Mayor and Governing Body members should attend at least three Have Your Say events each to hear the views of Aucklanders and all regional stakeholder events.

16.     The final consultation process for the 10-year budget 2018-2028 will be approved by the Governing Body on 7 February 2018.

 

Local board input into 10-year budget public consultation

Consultation approach and strategy

17.     Since the local board plan’s adoption in September 2017, staff have been working with the local board to identify which projects are the priority for the community and subsequently should commence in the 2018/2019 financial year.  The local board agreed that some of the key projects to commence in 2018/2019 include:

·    develop a skate park in the Sunnynook area

·    identify a dog park in the local board area

·    provide new cycle and walkways to support the Lake Road Improvements project; and

·    develop a pest-free strategy for the area.

18.     In addition to the priority projects, the local board is continuing to advocate (as their ‘one local initiative’ (OLI)) for the budget to deliver Auckland Transport’s (AT) Lake Road Improvements project.  While final funding budgetary decisions for Lake Road will not be made until May 2018, the local board has indicated an interest to determine whether the community would support a targeted rate to fund part of the project budget, or a particular component of it. 

19.     Given the significant public consultation that has been undertaken in 2017, the community has clearly identified both their long-term aspirations for the area and views on key projects (such as Lake Road).  Based on this, staff recommend avoiding questions where the community has already identified this as a priority (e.g. asking whether a skate park in Sunnynook is a priority when the local community provided a petition with 300 signatures in 2017).

20.     Staff recommend that the local board consider an approach to the 10-year budget public consultation that builds on the community’s feedback, and asks for views that can inform both projects and the OLI.  Staff recommend this approach because it will:

·    provide meaningful, initial feedback which can inform projects as they’re developed and undertaken over the next year;

·    avoid asking questions on matters that the local board already know are a priority for the community;

·    show a clear link between hearing and considering the community’s views, and the local board beginning to implement them; and

·    provide an indication from the community whether they support a targeted rate to support the Lake Road Improvement projects.

21.     The local board is requested to agree their key priorities and OLI for the 2018/2019 financial year and adopt their local content and supporting information for consultation. 

22.     Please refer to Attachment A which details the consultation material and questions to guide the local board’s input into the 10-year budget public consultation.

 

Approach to public consultation events

23.     To support the 10-year budget public consultation, the local board can organise and deliver their own events to hear community views and preferences on both the regional and local topics.

24.     Staff propose that the local board’s events to support the 10-year budget public consultation focus on proactively engaging the community by attending events where both local residents and visitors to the area attend.  This is the same approach taken for the local board plan public consultation, and has proven to be successful to reach a range of people with different ages and backgrounds.

25.     Staff propose the following events in the local board area to support the 10-year budget public consultation:

·    Belmont School Fair: Saturday 3 March 2018;

·    Movies in Parks at Milford Reserve; Thursday 29 March 2018 (during pre-entertainment);

·    Takapuna Sunday Market, Sunday 25 March 2018.

26.     It is important to note that at the time of reporting, Local Board Services staff are awaiting confirmation to attend the Belmont School Fair.

Consideration

Local board views and implications

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

28.     Local boards will have further opportunities to provide information and views as council progresses through the 10-year budget 2018-2028 process.

Māori impact statement

29.     Many local board decisions are of importance to and impact on Māori.  Local board agreements and the 10-year budget are important tools that enable and can demonstrate council’s responsiveness to Māori. Local board plans, which were adopted in September and October of 2017, form the basis for local priorities.

30.     Specific regionally supported local engagement with Māori is being targeted for south and west Auckland.

31.     An integrated approach to mana whenua engagement is currently being taken through the Mana Whenua Kaitiaki Forum.

Implementation

32.     The Governing Body will approve the consultation document, supporting information and consultation process for the 10-year budget 2018-2028 on 7 February 2018.

33.     Following consultation, the governing body and local boards will make decisions on the 10-year budget 2018-2028 and Local Board Agreements 2018/19 respectively.

 

 

 

Attachments

No.

Title

Page

a

Local content for consultation

105

b

Local supporting information for consultation

111

     

Signatories

Author

Tristan Coulson - Senior Local Board Advisor Devonport-Takapuna

Authoriser

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

Revising the local board Standing Orders

 

File No.: CP2017/26491

 

  

 

Purpose

1.       To consider and adopt revised Standing Orders for local board meetings.

Executive summary

2.       Standing Orders are the rules for conduct and procedure at meetings. They are used to help meetings run smoothly and in accordance with relevant legislation, to ensure the integrity of the decision-making process, and to help elected members and members of the public understand how they can participate.

3.       The current local board Standing Orders (SOs) were set by the Auckland Transition Agency on 27 October 2010. It is now timely to revise them to ensure they remain a clear, relevant and practical tool for local board meetings. 

4.       At its meeting on 28 May 2015, the Governing Body resolved to amend its Standing Orders on the basis of work undertaken by a political working party.

5.       The revised Standing Orders have a simplified layout, are written in a plain language style, and contain a summary and process diagram at the front for ease of reference during a meeting. 

6.       A working group of Democracy Advisors has assessed each provision of the current (generic) local board Standing Orders against the corresponding revised governing body Standing Orders. For each local board standing order they considered whether to retain the current wording, use the revised Governing Body wording or to have a combination of the two.

7.       A draft set of revised local board Standing Orders is set out in Attachment A for local boards’ consideration. It is based on the recommendations of the Democracy Advisor working group and follows the revised Governing Body Standing Orders in terms of style. 

8.       The more significant suggested changes include new provisions for electronic attendance at meetings, dealing with conflicts due to the non-financial interests of members, processes for Governing Body and Māori input and enabling use of New Zealand Sign Language at meetings.

9.       This report recommends that local boards consider and adopt the revised Standing Orders in Attachment D.

10.     Any changes to a boards Standing Orders requires a majority vote of not less than 75% of members present.

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      adopts the standing orders detailed in Attachment D to the agenda report, entitled “Auckland Council Standing Orders of the Devonport-Takapuna Local Board”, in replacement of its current standing orders.

 

 

 

Comments

Background

11.     Standing Orders are the rules for conduct and procedure at meetings. They are used to help meetings run smoothly and in accordance with relevant legislation, to ensure the integrity of the decision-making process, and to help elected members and members of the public understand how they can participate.

12.     The Governing Body Standing Orders were compiled in 2010 by the Auckland Transition Agency from legacy council standing orders and the NZ Standards Model Standing Orders.

13.     Local Board Standing Orders were modelled on the Governing Body Standing Orders.

14.     A political working party was set up in November 2013 to review the Governing Body’s Standing Orders. The working party’s findings were reported back to the Governing Body at its 28 May 2015 meeting (Attachment B).

15.     Recent amendments to the Local Government Act 2002 (the Act) allowed additional changes to be considered by the working party. These changes included a provision to allow members to attend meetings via audio or audiovisual link.

16.     At its 28 May 2015 meeting, the Governing Body adopted an amended set of Standing Orders which have a simplified layout, are written in a plain language style, and contain a summary and process diagram at the front for ease of reference during a meeting.

17.     It was resolved at this meeting to forward the report to all local boards, drawing their attention to the suggestion to provide for councillor participation at local board meetings in their Standing Orders.

18.     Over the last 18 months, a working group of local board Democracy Advisors has assessed each provision of the current (generic) local board Standing Orders against the corresponding revised Governing Body Standing Orders. For each local board standing order they considered whether to retain the current wording, use the revised Governing Body wording or to have a combination of the two.

19.     A revised set of local board Standing Orders has been developed as an outcome of this work (Attachment A) which is in accordance with the recommendations of the Democracy Advisor working group. 

20.     The revised local board Standing Orders follow a similar format to the Governing Body Standing Orders with a simplified layout, a plain language style, and a summary and process diagram at the front for ease of reference during a meeting. 

21.     Key substantive changes from the current local board Standing Orders are summarised below. They aim to ensure the local board Standing Orders are up to date, fulfil Auckland Council’s legal obligations and are practical and useful for business meetings.

22.     Many standing orders reflect provisions in legislation. In some cases the wording of the standing order may have been changed to a plain language style but the intention of the standing order remains the same. These standing orders are usually indicated by a reference underneath to the relevant clause in legislation. These standing orders may not be suspended.

 

Key changes

23.     Key substantive suggested changes from the current local board Standing Orders are set out below. 

 

 

 

 

 

Issue

 

Suggested changes

Purpose of suggested change

Reference in the revised LB Standing Orders

Quorum

Provision for the Chairperson to extend the 30 minute waiting time for a quorum, at the start of a meeting, by another 10 minutes - where members are known to be travelling to the meeting but are delayed due to unusual weather or traffic congestion.

 

Change in the waiting time for a quorum to be reestablished (where, after a meeting starts, member(s) leave and there is no longer a quorum) from 20 minutes to 10 minutes.

 

Assists smooth running of meeting and ensures

consistency with GB Standing Orders

 

3.1.4 and 3.1.6

 

Record of a workshop

Deletion of the requirement for the chairperson to sign-off the record of a workshop.

 

Record of workshop proceedings will be circulated.

 

Assists smooth running of meeting

12.1.4

 

Public excluded business not to be disclosed

 

Clarification on situations where the duty of non-disclosure of information, at a meeting where the public were excluded, does not apply - namely where:

·      a meeting has resolved to make the information publically available;

·      there are no grounds under the Local Government Official Information and Meetings Act 1987 for withholding the information when requested; or

·      the information is no longer confidential.

 

Clarification and ensures consistency with GB Standing Orders

7.4.3

Languages

Amendments to allow New Zealand Sign Language (as well as English and Māori) to be used by members and in deputations, presentations and public forum.

 

Two clear working days’ notice must be provided when an address is not in English (this is the same as the notice period required under the current local board Standing Orders and the governing body Standing Orders). 

 

The Governing Body input and Māori input sections also provide for addressing the meeting in New Zealand Sign Language, English or Māori.

 

Recognition of NZ Sign Language as an official language

1.1.2, 5.1.5, 6.1.5, 7.6.1, 7.7.5 and 7.8.4. 

Minutes

Clarification of what meeting minutes are to record.

 

Clarification

8.1.2

Agendas

Clarification that agendas can be sent electronically, and that names of local board and committee members are to be on each agenda.

 

Clarification

2.4.1

7.3.3

Non-financial interests

Suggested new provision regarding procedure for dealing with non-financial interests of members. If a member considers that there is a conflict of interest for an item, they may not take part in the discussions about or vote on the relevant matter.

 

Helps ensure robust, legally defensible decisions and consistent with GB Standing Orders

 

 

1.3.8

Repeat Notices of Motion

Suggested amendment that a Notice of Motion that the local board or a committee has considered twice and rejected within the previous six months may be refused by the Chairperson. (There is no longer the option for a further notice - prior to the expiration of the original period of 6 months - where signed by a majority of all members.)

Assists smooth running of meetings and ensures

consistency with GB Standing Orders

 

2.5.8

Procedural motions

Suggested new provision that the Chairperson has discretion about whether to allow any other procedural motion that is not contained in these Standing Orders.

 

Assists smooth running of meeting and ensures

consistency with GB Standing Orders

 

1.7.12

Urgent items

Suggested change in title, from ‘Major items of business not on the agenda may be dealt with (extraordinary business)’ to ‘Urgent items of business not on the agenda may be dealt with (extraordinary business)’.  

 

This provision sets out when items not on an agenda may be considered. The suggested change in title aims to help clarify the types of issues that fall under this provision and better reflect the purpose of the provision.

 

Text has also been added clarifying that extraordinary business may be brought before a meeting by a report of the Chief Executive or Chairperson. Where the matter is so urgent a written report is not practical, the report may be verbal.

 

Clarification

2.4.5 and Appendix D

 

Governing body input

A proposed section on Governing Body input sets out that a Governing Body member may provide input at meetings via speaking rights on items at the discretion of the chair and a report on the agenda for a Governing Body member to provide a general update on matters of interest to the board. This can include reporting on regional matters of interest to the local board or any matter the Governing Body member wishes to raise. 

This section aims to be more flexible than the current local board SO 3.9.14, by applying to Governing Body members in general rather than ward councillors for the local board area.

Whilst the right for Governing Body members to speak as a deputation has also been retained, the Governing Body input section enables a more flexible/permissive option, given it does not require the authorisation of a governing body resolution. Use of the process for Governing Body deputations will be appropriate for more formal circumstances, where the Governing Body member is representing the views of the Governing Body as a whole. 

The suggested notice period is seven clear working days, to enable sufficient time for it to appear on the agenda.  However, this is at the discretion of the Chairperson and can be shortened if necessary.

The suggested speaking time is five minutes, in accordance with provisions in the Governing Body Standing Orders.

More permissive input provisions

Part 5

Order of business

Clarification that the order of business for an extraordinary meeting should be limited to items relevant to the purpose of the meeting. The Chairperson may allow governing body, Māori and public input that is relevant to the purpose of the meeting.

The items listed in this section have been amended to fit with the order of business generated by Infocouncil.

Clarification and ensures consistency with GB Standing Orders

2.4.2

References to working parties and briefings

These have been taken out, as these forums tend to be less formal and not covered by Standing Orders.

Relevance

 

Public forum

Suggested changes clarifying that:

·      public forum may not be required at the inaugural meeting, extraordinary meetings or a special consultative procedure.

·      members may not debate any matter raised during the public forum session that is not on the agenda for the meeting, or take any action in relation to it, other than through the usual procedures for extraordinary business if the matter is urgent. The meeting may refer the matter to a future meeting, or to another committee, or to the Chief Executive for investigation.

·      Māori or New Zealand Sign Language can be used at public forum, as long as two clear working days’ notice is provided. Where practical, council will arrange for a translator to be present.

·      the Chairperson may direct a speaker to a different committee and prohibit a speaker from speaking if he or she is offensive, repetitious or vexatious, or otherwise breaches these standing orders.

 

Clarification

7.8

Suspension of standing orders

A provision has been included for a member to move a motion to suspend standing orders as a procedural motion. The member must name the standing orders to be suspended and provide a reason for suspension. If seconded, the chairperson must put it without debate. At least 75 per cent of the members present and voting must vote in favour of the suspension, and the resolution must state the reason why the SO was suspended.

 

It should be noted that some SOs reflect provisions in legislation so cannot be suspended. These are usually indicated by a reference underneath the SO to the relevant clause in legislation.

 

To assist the smooth running of meetings and ensure consistency with GB Standing Orders

1.7.11

Notice to be seconded

A notice of motion delivered to the Chief Executive must be signed by another member of the meeting as a seconder – unless member is giving notice of motion to revoke or alter a previous resolution.

 

 

Consistency with GB Standing Orders

2.5.2

Chairperson discretion

The discretion of the Chairperson has been clarified and made as consistent as possible in Standing Orders relating to Governing Body input, Māori input, public forum and deputations.

Clarification and consistency

Parts 5 and 6, 7.7 and 7.8

Māori responsiveness

Suggested provisions for representatives of Māori organisations to provide input at local board or committee meetings via speaking rights during relevant items. The main purpose of the provisions is to recognise the special status of Māori and increase the council’s responsiveness to Māori. The provisions also provide more flexibility than the deputations process, which restricts the number of deputation members that may address the meeting. 

 

The suggested notice period is seven clear working days, to enable sufficient time for such an item to appear on the agenda.  However, this is at the discretion of the chair and can be shortened if need be.

Recognition of the special status of  Māori and IMSB’s role under section 85 of the Local Government (Auckland Council) Act 2009

Part 6 and

4.2.2

Working days / clear working days

The term “clear working days” has been used throughout the document, to refer to the number of working days prescribed for giving notice. It excludes the date of service of that notice and the date of the meeting itself.  This is in accordance with legislation (Local Government Act 2002, Local Government Official Information and Meetings Act 1987 and the Interpretation Act).

Clarification and consistency

 

Governing body input, Māori input, public forum, deputations

The provisions in these sections have been made as consistent as possible and, where appropriate, in accordance with the Governing Body Standing Orders. 

 

Legal advice has been followed regarding the subjects a speaker may not speak about and the questions which can be put to speakers. 

Clarification

 

New appendices

New appendices have been added, setting out who must leave the meeting when the public is excluded and how business is brought before a meeting. 

 

Provisions in the current local board Standing Orders relating to workshops have been placed in an appendix, given their exemption from Part seven of the Local Government Official Information and Meetings Act 1978.

Clarification

Appendices B-D

Electronic attendance at business meetings

Recent changes to the Local Government Act 2002 now allow members to attend meetings by audio or audio-visual means in certain situations.

There are a number of restrictions for this provision in the legislation including that relevant technology is available and of suitable quality, all those participating can hear each other and there is no reduction in accountability or accessibility of the member in relation to the meeting. Members attending meetings by electronic link may vote but are not counted as part of the quorum.

The revised Standing Orders contain provisions to enable members to attend meetings by electronic link, where the member is representing the council at a place that makes their physical presence at the meeting impossible or impracticable, to accommodate the member’s illness or infirmity or in emergencies.

This provision will only apply where the technology is available.

Allows members to attend meetings whilst away on council business, or during illness or other emergency.

3.3

Membership of committees

In accordance with section 85 of the Local Government (Auckland Council) Act 2009, a clause has been included acknowledging that the Independent Māori Statutory Board  must appoint a maximum of two people to sit as members of committees that deal with the management and stewardship of natural and physical resources.

Clarification

4.2.2

Powers of delegation

Clause 36D of schedule 7 of the Local Government Act 2002 identifies who a local board may delegate decision-making to,  and the powers a local board cannot delegate.

This clause does not include the power to delegate to other subordinate decision-making bodies or more than one member of a local board. Therefore references to subordinate decision-making bodies have been removed.

Clarification

Part 4

 

Key differences from the governing body standing orders

24.     The revised local board Standing Orders contain some points of difference with the governing body Standing Orders. Key points of difference are in the areas of refreshment breaks, petitions, notices of motion, and public input.

Consideration

Local board views and implications

25.     This report provides information and a revised set of Standing Orders for local board consideration and adoption.

Māori impact statement

26.     The local board Standing Orders deal with meeting procedure. They provide for Māori to be spoken at business meetings and for deputations, presentations and petitions to be in Māori. They also enable:

·        Māori to participate on local board committees, even if they are not members of the relevant local board. See current local board SO 2.9.2 which states: “members of a committee or subcommittee may, but need not be, elected members of the Local Board”. As such, non-members may be appointed to committees or subcommittees if they have relevant skills, attributes or knowledge.

·        the suspension of Standing Orders, which can be useful to flexibly incorporate tikanga at meetings.

27.     New suggested provisions relating to Māori in the revised Standing Orders include:

·        a section on Māori input, to recognise the special status of Māori and encourage their input at local board meetings. This is in accordance with advice from Te Waka Angamua and work being undertaken by some local boards on a co-design process with mana whenua to improve Māori input into local board decision-making;

·        clarifying that the Independent Maori Statutory Board (IMSB) must appoint a maximum of two people to sit as members of committees that deal with the management and stewardship of natural and physical resources (in accordance with the Local Government (Auckland Council) Act 2009, section 85); and

·        providing for Māori to be spoken at public forum, and by the governing body or Māori organisations providing input, as long as two clear working days’ notice is given of the intention to do so.

 

 

28.     Including these provisions recognises the special status of Māori under Te Tiriti o Waitangi and Local Government Act 2002 requirements to provide opportunities and processes for Māori to contribute to decision-making processes.[3] It is also in accordance with the goals of council’s Māori Responsiveness Framework, Whiria Te Muka Tangata. In particular, to foster more positive and productive relationships between council and Māori, and contribute to Māori well-being by developing strong Māori communities.

Implementation

29.     Changes to Standing Orders requires a majority vote of not less than 75% of members present (s27(3) Schedule 7, Local Government Act 2002).

30.     If approved, the revised Standing Orders will come in to effect immediately.

31.     Copies of the revised Standing Orders will be provided to all local board members, where local boards choose to adopt changes.

Attachments

No.

Title

Page

a

Revised Local Board Standing Orders - Generic

121

b

Governing Body Political working party’s finding

181

c

Devonport-Takapuna Local Board adopted Standing Orders

191

d

Revised Local Board Standing Orders - Devonport-Takapuna Local Board

247

     

Signatories

Author

Blair Doherty - Kaipatiki Local Board Democracy Advisor

Authorisers

Carol McKenzie-Rex – Acting General Manager – Local Board Services

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

Ward Councillors Update

 

File No.: CP2017/25589

 

  

 

Executive Summary

The Devonport-Takapuna Local Board allocates a period of time for the Ward Councillors,           Cr Chris Darby and Cr Richard Hills, to update the board on activities of the governing body.

 

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      thanks Cr Chris Darby for his verbal update to the Devonport-Takapuna Local Board on the activities of the governing body.

b)      thanks Cr Richard Hills for his verbal update to the Devonport-Takapuna Local Board on the activities of the governing body.

 

 

 

Attachments

There are no attachments for this report.    

Signatories

Author

Heather Skinner - Democracy Advisor

Authoriser

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

Elected Members' Reports

 

File No.: CP2017/25592

 

  

 

Executive summary

An opportunity is provided for the members of the Devonport-Takapuna Local Board to provide updates on the projects and issues they have been involved in since the November meeting.

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receives and thank members for their verbal reports.

 

 

 

Attachments

There are no attachments for this report.    

Signatories

Author

Heather Skinner - Democracy Advisor

Authoriser

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

Devonport-Takapuna Local Board - Record of Workshops November 2017

 

File No.: CP2017/25402

 

  

Purpose

1.       The purpose of this report is to provide a record of Devonport-Takapuna Local Board workshops held during November 2017.

Executive summary

2.       At the workshop held on 7 November 2017, the Devonport-Takapuna Local Board was briefed on:

·    17/18 Community Facilities Work Programme and

·    17/18 Transport Work Programme.

 

3.       At the workshop held on 14 November 2017, the Devonport-Takapuna Local Board was briefed on:

·    17/18 ACE Work Programme (Events and Community Empowerment);

·    Devonport Takapuna Local Board Services – Advisor roles & responsibilities;

·    Community & Social Policy;

·    17/18 I&ES Work Programme and

·    17/18 Transport Work Programme.

 

4.       At the workshop held on 21 November 2017, the Devonport-Takapuna Local Board was briefed on:

·    Long-Term Plan 2018 – 2028 Workshop 3.

 

5.       Records of these workshops are attached to this report.

 

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receives the records of the workshops held in November 2017.

 

 

 

Attachments

No.

Title

Page

a

Devonport-Takapuna Local Board Workshop Record - 07 November 2017

315

b

Devonport-Takapuna Local Board Workshop Record - 14 November 2017

317

c

Devonport-Takapuna Local Board Workshop Record - 21 November 2017

319

     

Signatories

Author

Heather Skinner - Democracy Advisor

Authoriser

Eric Perry - Relationship Manager

 


Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

Governance Forward Work Calendar

 

File No.: CP2017/25413

 

  

 

Purpose

1.       To provide an update on reports to be presented to the board over the next 12 months.

Executive summary

2.       The governance forward work calendar was introduced in 2016 as part of Auckland Council’s quality advice programme. The calendar aims to support local boards’ governance role by:

·          ensuring advice on meeting agendas is driven by local board priorities;

·          clarifying what advice is expected and when; and

·          clarifying the rationale for reports.

3.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public. The calendar is updated monthly, reported to local board business meetings, and distributed to council staff.

4.       The December 2017 governance forward work calendar for the Devonport-Takapuna Local Board is provided as Attachment A.

 

 

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      notes the Devonport-Takapuna Local Board governance forward work calendar – December 2017.

 

 

 

Attachments

No.

Title

Page

a

Devonport-Takapuna Local Board Governance Forward Work Calendar - December 2017

323

     

Signatories

Author

Heather Skinner - Democracy Advisor

Authoriser

Eric Perry - Relationship Manager

 



Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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Devonport-Takapuna Local Board

12 December 2017

 

 

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

b)                                           

That the Devonport-Takapuna Local Board:

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

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

 

15        Local board feedback on rates remission and postponement policy review - Attachment d - All community and sporting remissions by local board area

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

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

In particular, the report contains information about arrears, remissions, or postponed rates that are not available for public inspection in accordance with the Local Government Rating Act 2002 Section 38(1)(e).

n/a

s48(1)(b)

The public conduct of the part of the meeting would be likely to result in the disclosure of information which would be contrary to a specified enactment or constitute contempt of court or contempt of the House of Representatives.

 

   



[1] The headline rates increase in an annual plan, or long-term plan, is a comparison of the annual rates requirement to the previous years budgeted rates requirement.  Moving a charge against revenue to an expenditure item like grants will increase the council’s costs and inflate the apparent rates increase.  However, remissions and postponements are a cost already borne by those ratepayers not receiving them.  Therefore an adjustment will be made to the 2014/2015 budgeted rates requirement for the purpose of calculating the rates increase proposed for 2015/2016.

 

[2] The Governing Body resolved to delegate this power to local boards. However, this was in error, as it was always intended that the power should be allocated to local boards by Governing Body and it was discussed by the Political Working Party in this context.

[3] Sections 14 and 81.