I hereby give notice that an ordinary meeting of the Maungakiekie-Tāmaki Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 12 December 2017 4:00pm Onehunga Community
Centre |
Maungakiekie-Tāmaki Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Josephine Bartley |
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Deputy Chairperson |
Debbie Burrows |
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Members |
Don Allan |
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Bernie Diver |
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Chris Makoare |
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Nerissa Henry |
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Alan Verrall |
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(Quorum 4 members)
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Tracey Freeman Democracy Advisor
6 December 2017
Contact Telephone: (09) 570 2840 Email: Tracey.Freeman@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Maungakiekie-Tāmaki Local Board 12 December 2017 |
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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 5
8.1 Connected Media Charitable Trust - introducing 'The Outlook for Someday' Young People + Film + Sustainability 5
8.2 Corefusion Community Partners Charitable Trust - MYRIVR Project 6
9 Public Forum 6
10 Extraordinary Business 6
11 Notices of Motion 7
12 Governing Body Member's Update 9
13 Chairperson's Report 11
14 Board Members' Reports 13
15 Maungakiekie-Tamaki Local Board Local Grants: Round Two 2017/2018 deferred grant applications 15
16 Road Name Approval for a New Private Road at 15-16 Skinner Road, Mt Wellington 37
17 Road Name Approval for subdivision at 71-75 Farringdon Street, Glen Innes 45
18 10-year Budget 2018-2028 consultation 51
19 Decision-making allocation update 63
20 Regional Facilities Auckland first quarter report for 2017/2018 financial year 81
21 Revising the local board Standing Orders 103
22 Local board feedback on rates remission and postponement policy review 181
23 Urgent Decision made by the Maungakiekie-Tamaki Local Board, Amendment of the Auckland Transport Election Signs Bylaw 2013 and its impact on local parks 215
24 Record of Maungakiekie-Tāmaki Local Board Workshops 225
25 Governance Forward Work Calendar 229
26 Consideration of Extraordinary Items
PUBLIC EXCLUDED
27 Procedural Motion to Exclude the Public 233
22 Local board feedback on rates remission and postponement policy review
d. All community and sporting remissions by local board area 233
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.
4 Confirmation of Minutes
That the Maungakiekie-Tāmaki Local Board: a) confirm the ordinary minutes of its meeting, held on Tuesday, 28 November 2017, as a true and correct record.
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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 Maungakiekie-Tāmaki 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.
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.
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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Governing Body Member's Update
File No.: CP2017/25889
Executive Summary
Opportunity for a Governing Body representative to update the Maungakiekie-Tāmaki Local Board on projects, meetings, events and issues of interest to the Maungakiekie-Tamaki Local Board and its community.
That the Maungakiekie-Tāmaki Local Board: a) receive the Governing Body Member’s update. |
There are no attachments for this report.
Signatories
Authors |
Tracey Freeman - Democracy Advisor |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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File No.: CP2017/25902
Executive summary
Providing the Chairperson, Josephine Bartley, with an opportunity to update the local board on the projects and issues she has been involved with since the last meeting.
That the Maungakiekie-Tāmaki Local Board: a) receive the Chairperson’s report. |
There are no attachments for this report.
Signatories
Authors |
Tracey Freeman - Democracy Advisor |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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File No.: CP2017/25904
Executive Summary
Providing Board members with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.
That the Maungakiekie-Tāmaki Local Board: a) receive the board members report. |
There are no attachments for this report.
Signatories
Authors |
Tracey Freeman - Democracy Advisor |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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Maungakiekie-Tamaki Local Board Local Grants: Round Two 2017/2018 deferred grant applications
File No.: CP2017/26446
Purpose
1. To present grant applications deferred from the 28th November 2017 business meeting to the local board for a decision.
Executive summary
2. The Maungakiekie-Tamaki Local Board considered grant round 2 applications at its 28th November business meeting, as outlined in Attachment A. Three applications were deferred, as the board wanted to explore how these can be accommodated with its current work programme. These are listed below:
a) The Good The Bad Charitable Trust – LG1811-232
b) Synergy Projects – LG1811-233
c) Connected Media Charitable Trust – LG-1811-234
3. The three grant applications equating to an amount of $15,106 is being tabled again for consideration and a decision.
That the Maungakiekie-Tāmaki Local Board: a) Consider the deferred Local Grant Round Two 2017/2018 applications listed in Attachment C and agree to fund, part-fund or decline each application.
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No. |
Title |
Page |
a⇩
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Local Grants Report |
17 |
b⇩
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Local Board Grants Programme |
23 |
c⇩
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Grant applications |
25 |
Signatories
Authors |
Tracey Freeman - Democracy Advisor |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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Road Name Approval for a New Private Road at 15-16 Skinner Road, Mt Wellington
File No.: CP2017/23990
Purpose
1. The purpose of this report is to seek approval from the Maungakiekie-Tāmaki Local Board to name a new private road, created by way of subdivision, at 15-16 Skinner Road, Mt Wellington.
Executive summary
2. Auckland Council’s Road Naming Policy and Guidelines require that new roads serving more than five sites must have a road name. This also applies to private roads, jointly-owned access lots (JOALs) and rights of way.
3. This report outlines an application for the naming of a new private road that will serve seven lots and eight new dwellings, within a subdivision approved under resource consent reference SUB60303858 (and also LUC60303857). The road naming application was compiled by agent Kiwi Vision Consultants Limited on behalf of the developer.
4. The proposed names are: ‘Sofs Lane’ (preferred), ‘Echo Lane’ and ‘Glen Echo Lane’ (alternatives).
5. The proposed names are not duplicated within the Auckland region, having been checked on the Land Information New Zealand (LINZ) addressing database and also reviewed by NZ Post. Consultation with relevant Mana Whenua was also undertaken.
That the Maungakiekie-Tāmaki Local Board: a) Considers for approval the proposed road name ‘Sofs Lane’ for the new private road created by way of subdivision at 15-16 Skinner Road, Mt Wellington, noting that the alternative options of ‘Echo Lane’ and ‘Glen Echo Lane’ are also acceptable, in accordance with section 319(1)(j) of the Local Government Act 1974. |
Comments
6. Policy: Auckland Council’s Road Naming Policy and Guidelines allow that, where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name for the local board’s approval.
7. Meaning of proposed names (as described by applicant’s agent):
Preference |
Name |
Meaning (as described by applicant’s agent): |
First Choice |
Sofs Lane |
The applicant wishes to name this shared private way after his daughter: Sofia, who will live in the Lot 1 Ground Floor dwelling. The applicant has long standing ties to the eastern suburbs of Auckland, as their family has lived, worked and studied in the area for many years. The applicant is a local developer who has created many residential developments within Maungakiekie and Orakei. The applicant wants to show that he and his family will build stronger ties with this suburb as they are members of this community. |
Second Choice |
Echo Lane |
The applicant’s company is named Glen Echo, which represents high quality developments. Glen means a narrow valley and Echo means all the sounds will be heard after they have been reflected off a surface. The applicant wants the resident to know that all the voice in the community will be heard and therefore will be responded to. It will create a positive image for this neighbourhood. |
Third Choice |
Glen Echo Lane |
8. Application Background: The subject road is a new private road that will serve seven lots and eight new dwellings, within a subdivision approved under resource consent reference SUB60303858 (and also LUC60303857). A map showing the location, size and form of the road to be named is attached.
9. Approvals: The proposed names have been checked on the Land Information New Zealand (LINZ) addressing database and also reviewed by NZ Post to confirm that there is no applicable duplication of the names and no similar names already in use in the area that would lead to confusion for road users, emergency and postal services.
10. Assessment: The proposed names are technically suitable for use, not being duplicated in the region. The proposed road type ‘Lane’ is also appropriate for the road to be named, as per the definitions contained in “Appendix C” of the Auckland Council Road Naming guidelines.
However, the Auckland Council Road Naming guidelines do not encourage the use of names of [or that refer to] living people, since community attitudes and opinions can change over time. Instead, the use of Māori names and/or names that reflect the heritage of an area is actively encouraged.
11. Applicant’s Justification (as described by applicants agent):
“We agree that the use of Maori road names should be actively encourage[d] as the daily use of those road names is a way to record some aspect or feature of the traditions and history of a tribe. However, Maori road names are very valuable and should be saved for larger scale roads which will be used more frequently.
Taking this area for example, Maori road names are used for two roads, which are Aranui Road and Ruawai Road. These two roads are medium roads (collector roads) which have moderate capacities and serve more traffic from local roads to arterial roads. They are used in a frequent manner.
However, the private way to be named in this proposal will only serve 7 Lots/ 8 dwellings, which is relatively small in scale and not even a public road. The road will only be used by residents who live in Lot 1 to Lot 7 dwellings only. Using a significant Maori road name for this small private way will significantly compromise its history-recording function as only 8 families will use this road in a very infrequent manner.
The client’s daughter will live in one of the Lot 1 dwellings. Naming this road after her name will connect her family with this community, creating a bond between the residents and the developer. Also, the subject site is not identified as of significance to mana whenua on the planning map and there is no unique heritage identified within this area.
Accordingly, we believe the proposed road names are appropriate and are in keeping with Auckland Council Local Board Road naming Policy and Guidelines”.
Consideration
Local board views and implications
12. The Auckland Council, by way of the Auckland Council Long Term Plan (2012 - 2022), allocated the responsibility for the naming of new roads, pursuant to section 319(1)(j) of the Local Government Act 1974, to the Local Boards.
13. The review sought from the Maungakiekie-Tāmaki Local Board for this report does not trigger the Significance policy and is not considered to have any legislative implications or any immediate impact on the community.
Māori impact statement
14. The applicant’s agent contacted relevant Mana Whenua regarding the proposed names:
a) Ngai Tai Ki Tamaki commented that “the name and the background for Glen Echo certainly [have] applaudable sentiments and a philosophy Ngai Tai concurs with”.
b) Ngati Whatua o Kaipara (represented by Pani Gleeson, Nga Maunga Whakahii o Kaipara Development Trust) commented: “Nga Maunga Whakahii o Kaipara struggle to understand [the reason for] the names submitted by your client, how do they reflect our unique heritage of Tamaki Makaurau? Only to themselves (the developer) do they represent”.
c) Ngati Whatua o Kaipara also referred and tautoko Te Akitai & Makarau Marae for comments, but no further responses were received, nor were responses received from any other relevant groups.
Implementation
15. The cost of processing, reviewing, and approval of the proposed new road names are recoverable in accordance with Council’s Administrative Charges.
16. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once subsequent approvals are obtained for any new road names.
No. |
Title |
Page |
a⇩
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Road Name Plan - 15-16 Skinner |
41 |
Signatories
Authors |
Emerald James - Subdivision Advisor |
Authorisers |
Ian Smallburn - General Manager Resource Consents Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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Road Name Approval for subdivision at 71-75 Farringdon Street, Glen Innes
File No.: CP2017/26192
Purpose
1. To seek approval from the Maungakiekie-Tāmaki Local Board to name a new road, to be created by way of subdivision, at 71-75 Farringdon Street, Glen Innes.
Executive summary
2. Auckland Council’s Road Naming Policy and Guidelines require that new roads serving more than five sites must have a road name. This also applies to private roads, jointly-owned access lots (JOALs) and rights of way.
3. This report outlines an application for the naming of a new JOAL that will serve seven new homes within the ‘Farringdon Street Development’; a new subdivision at 71-75 Farringdon Street, resource consent reference BUN60307039, by developer ‘The Housing Partnership’. The road naming application was compiled by Tāmaki Regeneration Company (“TRC”) on behalf of the developer.
4. The proposed names are: ‘Te Ao Lane’ (preferred), ‘Papatotara Road’ and ‘Wharau Place’.
5. The proposed road names have been produced via TRC’s consultation with the community and key stakeholder groups, such as TRC’s Community Liaison Committee, Lalaga Pasifiki, the Glen Innes and Panmure Business Associations and other community organisations.
6. All of the names generally adhere to the Auckland Council Road Naming Policy and Guidelines, however, the alternative name option of ‘Wharau Place’ is not recommended as there is a ‘Te Wharau Drive’ in Greenhithe around 30km away from the site.
That the Maungakiekie-Tāmaki Local Board: a) Approve the road name ‘Te Ao Lane’ for the new road created by way of subdivision at 71-75 Farringdon Street, Glen Innes, pursuant to section 319(1)(j) of the Local Government Act 1974.
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Comments
7. Policy: Auckland Council’s Road Naming Policy and Guidelines allow that, where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name for the local board’s approval.
8. Application Background: Tāmaki Regeneration Company (“TRC”), along with its development partner, The Housing Partnership, aim to deliver 11 social houses on Farringdon Street. A new JOAL within the development will service seven of these new homes, consent reference BUN60307039, and therefore a new road name is required for this JOAL.
9. A site plan showing the new JOAL to be named is attached.
10. Meaning / significance of proposed names: TRC has stated that “the proposed names are in Te Reo to reflect the cultural heritage and history of Maori in the Glen Innes community. It provides a Maori identity to sit alongside the Farringdon, Pakeha, and representation in the area”.
11. Community Consultation: TRC has elicited proposed names from the community and key stakeholder groups, such as TRC’s Community Liaison Committee, Lalaga Pasifiki, the Glen Innes and Panmure Business Associations, and other community organisations.
12. The meanings of the proposed names are outlined in the table below:
Proposed Name |
Suffix |
Meaning (as described by applicant’s agent) |
Te Ao |
Lane |
The Maori name for 'Earth' |
Papatotara |
Road |
Inner side of the bark of the Totara, a term used to refer to a high-ranking woman. Used in our waiata (Ngaati Whanaunga).
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Wharau |
Place |
Wharau is a Māori word that means: Shelter, also used as a metaphor to describe a person. Many dwelling used by our people were temporary shelters (Ngaati Whanaunga).
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13. Assessment: All of the names generally adhere to the Auckland Council Road Naming Policy and Guidelines, however, the alternative name option of ‘Wharau Place’ is not recommended as there is a ‘Te Wharau Drive’ in Greenhithe around 30km away from the site. Ideally there should be no similar names already in use in the region that may lead to confusion for emergency and postal services
Consideration
Local board views and implications
14. The Auckland Council, by way of the Auckland Council Long Term Plan (2012 - 2022), allocated the responsibility for the naming of new roads, pursuant to section 319(1)(j) of the Local Government Act 1974, to the Local Boards.
15. The review sought from the Maungakiekie-Tāmaki Local Board for this report does not trigger the Significance policy and is not considered to have any legislative implications or any immediate impact on the community.
Māori impact statement
16. The review sought from the Maungakiekie-Tāmaki Local Board on this report is linked to the Auckland Plan Outcome “A Maori identity that is Auckland’s point of difference in the world”. The use of Maori names for roads, buildings and other public places is an opportunity to publicly demonstrate Maori identity.
17. The proposed names were submitted by TRC to Mana Whenua for consideration in July 2017. Some of the proposed names were put forward by Ngaati Whanaunga, as detailed in the preceding tables. No further objections or comments concerning were raised as a result of consultation.
Implementation
18. The cost of processing, reviewing, and approval of the proposed new road names are recoverable in accordance with Council’s Administrative Charges.
19. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once subsequent approvals are obtained for any new road names.
No. |
Title |
Page |
a⇩
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Site Plan for 71-75 Farringdon Street |
49 |
Signatories
Authors |
Emerald James - Subdivision Advisor |
Authorisers |
Ian Smallburn - General Manager Resource Consents Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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10-year Budget 2018-2028 consultation
File No.: CP2017/25928
Purpose
1. To agree local engagement events and adopt local content and supporting information for consultation as part of the 10-year Budget 2018-2028 process.
Executive summary
2. Consultation on the 10-year Budget 2018-2028 (long-term plan) will take place from 28 February – 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.
3. There will also be concurrent consultation on the Auckland Plan Refresh (APR), Regional Land Transport Plan (RLTP), Regional Pest Management Plan (RPMP) and the Waste Management and Minimisation Plan (WMMP).
4. This report seeks agreement from local boards on spoken interaction events that will be held in their local board area during the consultation period and to adopt their local content and supporting information for consultation, including:
· areas of focus for 2018/2019
· the key advocacy project.
5. 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.
That the Maungakiekie-Tāmaki Local Board: a) agree, subject to approval by the Governing Body, to hold the following spoken interaction events during the consultation period: i) to be agreed at the business meeting b) 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 Chair ii) General Manager Local Board Services, Local Board Relationship Manager, Local Board Senior Advisor, Local Board Advisor iii) any additional staff approved by the General Manager Local Board Services or the Chief Financial Officer c) adopt Attachment A local content for consultation and Attachment B local supporting information for consultation, including their key advocacy project; d) Approves Engagement plan as outlined in Attachment C; e) delegate authority to the local board chair 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.
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Comments
6. 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 Long-term Plan is reviewed and consulted on every three years.
7. As part of the 10-year Budget 2018-2028 process, the council is required to produce a consultation document. This will cover any significant or important issues proposed to be included in the 10-year Budget 2018-2028. The consultation document and supporting information will also include information on local board issues and priorities.
8. As part of the consultation on the 10-year Budget 2018-2028, 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.
9. Public consultation on the 10-year Budget 2018-2028 will take place from 28 February – 28 March 2018. There will also be concurrent consultation on the Auckland Plan Refresh (APR), Regional Land Transport Plan (RLTP), Regional Pest Management Plan (RPMP) and the Waste Management and Minimisation Plan (WMMP).
10. Aucklanders will be able to provide feedback during the consultation process through a variety of channels which include verbal (or face to face), written, social media and digital. A report on how council will receive verbal feedback from the public was considered by the Finance and Performance Committee on 21 November 2017. At a high level, the report outlines several different types of events which are planned for specific audiences and communities as well as those planned for general Auckland residents. At that meeting, the Finance and Performance Committee resolved to:
a) approve the approach…to receive all feedback from Aucklanders on the Long-term Plan and Auckland Plan from 28 February 2018 to 28 March 2018 comprising of:
· up to 25 Have Your Say events targeting general Auckland residents are held in local board areas across the region;
· 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
b) require the Mayor and Councillors to attend a minimum of three Have Your Say events each to hear the views of Aucklanders and all regional stakeholder events.
11. The final consultation process for the 10-year Budget 2018-2028 will be approved by the governing body on 7 February 2018.
12. Spoken interaction constitutes any opportunity where Aucklanders have a dialogue with decision makers or their official delegations on the themes relating to the consultation. The spoken interaction events recommended to be held in the Maungakiekie-Tamaki Local Board area will be discussed by the local board on 5 December and confirmed at the 12 December business meeting.
13. Local boards are requested to agree their key priorities and key advocacy project for 2018/2019 and adopt their local content and supporting information for consultation, as attached in Attachments A and B.
14. Any new local BID targeted rates must be consulted on before they can be implemented. Local boards are therefore also requested to agree any new proposals for consultation.
Consideration
Local board views and implications
15. Local board decisions are being sought in this report.
16. 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
17. 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.
18. Bespoke consultation materials for the Māori community are being developed. These materials will explain how the LTP and APR are relevant for them. Engagement advisors will have access to this collateral to support local engagement.
19. Specific regionally supported local engagement with Māori is being targeted for south and west Auckland.
20. An integrated approach to mana whenua engagement is being taken, with LTP and APR discussions already happening through the Mana Whenua Kaitiaki Forum.
21. There is a need to continue to build relationships between local boards and iwi, and where relevant the wider Māori community. Ongoing conversations will assist local boards and Māori to understand each other’s priorities and issues. This in turn can influence and encourage Māori participation in council’s decision-making processes.
Implementation
22. The governing body will approve the consultation document, supporting information and consultation process for the 10-year Budget 2018-2028 on 7 February 2018.
23. 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.
No. |
Title |
Page |
a⇩ |
Local content for consultation - to be tabled |
55 |
b⇩ |
Local supporting information for consultation - to be tabled |
57 |
c⇩
|
Engagement plan |
59 |
Signatories
Authors |
Shirley Coutts – Senior Local Board Advisor |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Placeholder for Attachment 1
18. 10-year Budget 2018-2028 consultation.DOC
Local content for consultation - to be tabled
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Placeholder for Attachment 2
18. 10-year Budget 2018-2028 consultation.DOC
Local supporting information for consultation - to be tabled
Maungakiekie-Tāmaki Local Board 12 December 2017 |
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Decision-making allocation update
File No.: CP2017/25926
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 optimisation 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.
That the Maungakiekie-Tāmaki Local Board: a) endorse the proposed allocation of non-regulatory decision-making as attached to this report.
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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.[1] 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.
No. |
Title |
Page |
a⇩
|
Allocation of decision-making for Local Board feedback |
67 |
Signatories
Authors |
James Liddell - Portfolio Manager |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Regional Facilities Auckland first quarter report for 2017/2018 financial year
File No.: CP2017/26099
Purpose
1. To present the Regional Facilities Auckland (RFA) first quarter report for the 2017/2018 financial year.
Executive summary
2. RFA normally presents their quarterly report to all the 21 Local Boards at the end of each quarter. This report presents the first quarter report for the 2017/18 financial year.
That the Maungakiekie-Tāmaki Local Board: a) note the Regional Facilities Auckland first quarter report for the 2017/2018 financial year
|
No. |
Title |
Page |
a⇩
|
Regional Facilities Auckland first quarter report for 2017/2018 financial year |
83 |
Signatories
Authors |
Carmen Fernandes - Democracy Advisor |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Revising the local board Standing Orders
File No.: CP2017/25915
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 A.
10. Any changes to a boards Standing Orders requires a majority vote of not less than 75% of members present.
That the Maungakiekie-Tāmaki Local Board: a) adopt the standing orders detailed in Attachment A to the agenda report, entitled “Auckland Council Standing Orders of the 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 · 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)
· 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.[2] 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.
No. |
Title |
Page |
a⇩
|
Revised Local Board Standing Orders |
111 |
b⇩
|
Governing Body Political working party’s finding |
171 |
Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
Carol McKenzie Rex - Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Local board feedback on rates remission and postponement policy review
File No.: CP2017/25923
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 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
· 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
· Option 4: removing the schemes with no replacement could present some ratepayers/community groups with affordability issues.
10. Local boards feedback on the review will be included in the report to the Finance and Performance Committee in February 2018. Public consultation on the proposed Rates remission and postponement policy and any options will occur in April 2018. Local boards will be able to consider public feedback, and provide their formal views on the proposed policy at their May 2018 meetings.
Local board and public feedback will be reported to the 31 May 2018 meeting of the Finance and Performance Committee when the adoption of the policy will be considered.
That the Maungakiekie-Tāmaki Local Board: a) resolves feedback on the options to address the legacy council 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:
a) provide ratepayers with some financial or other assistance where they might otherwise have difficulty meeting their obligations
b) 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:
a) five remission schemes for natural and in some cases historic heritage
b) six remission schemes for community and sporting organisations
c) a rates postponement scheme for sports clubs in Manukau
d) 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
· 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
· minimise the effects of change
· 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. 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
· 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 Board 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. It minimises change. Costs will depend on applications but have been relatively stable over time. The options 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[3] (They still increase the rates burden on other ratepayers)
· 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
· 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.
No. |
Title |
Page |
a⇩
|
Summary of Auckland Council Rates remission and postponement policy scheme |
189 |
b⇩
|
Rates remission and postponement policy |
195 |
c⇩
|
Value of legacy schemes by local board area Remissions for communitysporting are split by regional and local |
213 |
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 |
Ross Tucker – Acting General Manager Financial Strategy and Planning Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Urgent Decision made by the Maungakiekie-Tamaki Local Board, Amendment of the Auckland Transport Election Signs Bylaw 2013 and its impact on local parks
File No.: CP2017/26309
Purpose
1. To update the Maungakiekie-Tāmaki Local Board on changes to the Auckland Transport Election Signs Bylaw;
2. Propose a nine week time restriction on public election sign sites; and
3. Obtain approval to amend the location of an election sign site.
Executive Summary
4. At the 22 November 2016 Maungakiekie-Tamaki Local Board meeting the board considered the urgent decisions process and passed resolution MTLB/2016/210:
That the Maungakiekie-Tāmaki Local Board:
a) adopt the urgent decision-making process for matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum;
b) delegate authority to the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board;
c) agree that the relationship manager, chair and deputy chair (or any person/s acting in these roles) will authorise the urgent decision-making process by signing off the authorisation memo;
d) note that all urgent decisions will be reported to the next ordinary meeting of the local board. CARRIED
5. The report seeks the board’s views on the proposal to limit the time period for placement of public election sign sites in order to address maintenance issues and other complaints raised by the community around election time in relation to signage.
6. As the board’s decision making meeting is the 28th November, it would be too late to fit in with the by-election timeframes as all decisions need to be received by 16th November 2017.
7. Details are contained in the urgent decision document included with this report as Attachment A.
That the Maungakiekie-Tāmaki 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, as outlined within Attachment A to the agenda report. 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. d) Request that Auckland Transport’s Traffic Control Committee update their List of Election Sign Sites to replace the site labelled C-MT4 Church Street to reflect the area shown in Attachment B of the attached report.
|
No. |
Title |
Page |
a⇩ |
Approved Urgent Decision Auckland Transport Election Bylaw Signage |
217 |
b⇩ |
Attachment A - Exisiting Signage Location on Church Street |
221 |
c⇩ |
Attachment B - Proposed Location of Signage on Captain Springs Road |
223 |
Signatories
Authors |
Tracey Freeman - Democracy Advisor |
Authorisers |
Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Attachment B – Proposed location of (C-MT4) Captain Springs Road
(C-MT4) Captain Springs Road
This site has been specified as suitable for election signs within the road reserve on the western side of Captain Springs Road north of Church Street. The yellow zone is a general indication where the signs can be placed, subject to the controls of the Auckland Transport Election Signs Bylaw 2013. A copy of the bylaw can be found at www.at.govt.nz/about-us/bylaws/election-signs-bylaw.
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Record of Maungakiekie-Tāmaki Local Board Workshops
File No.: CP2017/25911
Executive summary
1. The attached workshop record provides a summary of the Maungakiekie-Tāmaki Local Board workshops for 5 December 2017.
2. These sessions are held to give an information opportunity for board members and officers to discuss issues and projects, and note that no binding decisions are made or voted on at workshop sessions.
That the record of Maungakiekie-Tāmaki Local Board: a) note the local board record of workshops held on 5 December 2017. |
No. |
Title |
Page |
a⇩
|
Record of Workshops |
227 |
Signatories
Authors |
Tracey Freeman - Democracy Advisor |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Governance Forward Work Calendar
File No.: CP2017/25912
Purpose
1. To present the board with the governance forward work calendar.
Executive Summary
2. This report provides a schedule of items that will come before the board at business meetings over the next 12 months. The governance forward work calendar for Maungakiekie-Tamaki Local Board is included in Attachment A.
3. The calendar aims to support local boards’ governance role by:
· ensuring advice on agendas is driven by local board priorities
· clarifying what advice is required and when
· clarifying the rationale for reports.
4. The calendar is updated every month. Each update is reported to business meetings. It is recognised that at times items will arise that are not programmed. Board members are welcome to discuss changes to the calendar.
That the Maungakiekie-Tāmaki Local Board: a) note the attached Governance Forward Work Calendar. |
Comments
5. Council’s Quality Advice Programme aims to improve the focus, analysis, presentation and timeliness of staff advice to elected representatives. The forward work calendar provides elected members with better visibility of the types of governance tasks they are being asked to undertake and when they are scheduled.
6. At times the scheduling of reports may change, this could be for a variety of reasons including a change to project timeframes, change in direction or organisational capacity. Where a report originally planned for a meeting has shifted, this change will be signalled on the next month’s forward plan.
7. The calendar brings together one schedule reporting on all of the board’s projects and activities previously approved in the local board plan, long-term plan, departmental work programmes and through other board decisions. It includes governing body policies and initiatives that call for a local board response.
8. This initiative is intended to support the boards’ governance role. It assists staff to support local boards, as an additional tool to manage workloads and track activities across council departments, and it allows greater transparency for the public.
9. The board in its governance role carries out decision making in accordance with its obligations under the Health and Safety at Work Act 2015.
10. The calendar is arranged in three columns, “Topic”, “Purpose” and “Governance Role”:
· Topic describes the items
· Purpose indicates the aim of the item, such as formally approving plans or projects, hearing submissions or receiving progress updates
· Governance role is a higher-level categorisation of the work local boards do. Examples of the seven governance categories are tabled below:
Governance role |
Examples |
Setting direction/priorities/budget |
Capex projects, work programmes, annual plan |
Local initiatives/specific decisions |
Grants, road names, alcohol bans |
Input into regional decision-making |
Comments on regional bylaws, policies, plans |
Oversight and monitoring |
Local board agreement, quarterly performance reports, review projects |
Accountability to the public |
Annual report |
Engagement |
Community hui, submissions processes |
Keeping informed |
Briefings, cluster workshops |
11. Board members are welcome to discuss changes to the calendar. The calendar will be updated and reported back every month to business meetings. Updates will also be distributed to relevant Council staff.
Consideration
Local Board views and implications
12. All local boards are being presented with governance forward work calendars for their consideration.
Māori impact statement
13. The projects and processes referred to in the governance forward work calendar will have a range of implications for Māori which will be considered when the work is reported.
Implementation
14. Staff review the calendar each month and will report an updated calendar to the board.
No. |
Title |
Page |
a⇩
|
Governance Forward Work Calendar |
231 |
Signatories
Authors |
Tracey Freeman - Democracy Advisor |
Authorisers |
Carol McKenzie Rex – Acting General Manager Local Board Services Victoria Villaraza - Relationship Manager |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Exclusion of the Public: Local Government Official Information and Meetings Act 1987
b)
That the Maungakiekie-Tāmaki Local Board:
a) exclude the public from the following part(s) of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
22 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. |
Maungakiekie-Tāmaki Local Board 12 December 2017 |
|
Item 8.1 Attachment a Connected Media Charitable Trust introducing 'The Outlook for Someday' Young People + Film + Sustainability Page 237
Item 8.2 Attachment a MYRIVR Project Proposal Page 255
[1] 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.
[2] Sections 14 and 81.
[3] 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.