I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 22 February 2018

9.30am

Reception Lounge
Auckland Town Hall
301-305 Queen Street
Auckland

 

Tira Kāwana / Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Dick Quax

 

Cr Dr Cathy Casey

Cr Greg Sayers

 

Cr Ross Clow

Cr Desley Simpson, JP

 

Cr Fa’anana Efeso Collins

Cr Sharon Stewart, QSM

 

Cr Linda Cooper, JP

Cr Sir John Walker, KNZM, CBE

 

Cr Chris Darby

Cr Wayne Walker

 

Cr Alf Filipaina

Cr John Watson

 

Cr Hon Christine Fletcher, QSO

 

 

Cr Richard Hills

 

 

Cr Penny Hulse

 

 

Cr Mike Lee

 

 

Cr Daniel Newman, JP

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Team Leader Governance Advisors

 

19 February 2018

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term plan

(d)        the power to adopt a long term plan, annual plan, or annual report

(e)        the power to appoint a chief executive

(f)        the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement

(g)        the power to adopt a remuneration and employment policy.

 

Additional responsibilities retained by the Governing Body:

 

(a)        approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(b)        approval of a draft bylaw prior to consultation

(c)        resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(d)        adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(e)        relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees

(f)        approval of the Unitary Plan

(g)        overview of the implementation and refresh of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·         Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·         Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·         Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·         In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·         The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·         However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·         All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·         Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·         Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·         All staff supporting the meeting (administrative, senior management) remain.

·         Other staff who need to because of their role may remain.

 

Local Board members

 

·         Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·         Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 

 


Governing Body

22 February 2018

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Affirmation                                                                                                                      7

Statutory Declaration – Councillor Josephine Bartley

Maiden Speech – Councillor Josephine Bartley

2          Apologies                                                                                                                        7

3          Declaration of Interest                                                                                                   7

4          Confirmation of Minutes                                                                                               7

5          Petitions                                                                                                                          7  

6          Public Input                                                                                                                    7

6.1     Public Input:  Royal New Zealand Society for the Provention of Cruelty to Animals – Sale and Private use of Fireworks                                                                     7

7          Local Board Input                                                                                                          7

8          Extraordinary Business                                                                                                8

9          Notices of Motion                                                                                                          8

10        Notice of Motion – Councillor Cathy Casey – Ban the Sale of Fireworks to the General Public                                                                                                                              9

11        Budget to conduct by-elections                                                                                 15

12        Submission on Ngāi Tai ki Tāmaki Claims Settlement Bill                                    19

13        Process for the review of the Elected Members’ Code of Conduct                      29

14        Mutukaroa Trust – nomination for vacancy                                                             33  

15        Consideration of Extraordinary Items 

 

 


 

 

 

 

1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

Statutory Declaration – Councillor Josephine Bartley

 

Councillor Josephine Bartley will make an oral declaration and sign a written declaration, which will be attested by His Worship the Mayor.

 

 

Maiden Speech – Councillor Josephine Bartley

 

Councillor Bartley will have the opportunity to address the meeting.

 

 

The meeting will adjourn once Councillor Bartley has made her maiden speech and will reconvene at 10.15am.

 

 

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 Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday 14 December 2018 and Wednesday, 21 February 2018, as a true and correct record.

 

 

5          Petitions

 

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

 


 

 

 

6          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

 

6.1       Public Input:  Royal New Zealand Society for the Prevention of Cruelty to Animals - Sale and Private use of Fireworks

Te take mō te pūrongo / Purpose of the report

1.       Arnja Dale, Chief Scientific Officer will address the Governing Body on behalf of the Royal New Zealand Society for the Prevention of Cruelty to Animals regarding the sale and private use of fireworks.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      receive and note the public input presentation from Arnja Dale on behalf of the Royal New Zealand Society for the Prevention of Cruelty to Animals, regards the sale and private use of fireworks and thank her for her attendance.

 

 

 

 

7          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 


 

 

8          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.”

 

 

9          Notices of Motion

 

Under Standing Order 2.5.1 Notice of Motion has been received from Councillor Cathy Casey and Councillor Fa’anana Efeso Collins for consideration under item 10.

 

 


Governing Body

22 February 2018

 

 

Notice of Motion - Councillor Cathy Casey - Ban the Sale of Fireworks to the General Public

 

File No.: CP2018/01325

 

  

Whakarāpopototanga matua / Executive summary

1.       In accordance with Standing Order 2.5.1, Councillor Cathy Casey has given notice of a motion that she wishes to propose.

2.       The notice, signed by Councillor Fa’anana Efeso Collins as seconder, is appended as Attachment A.

3.       Supporting information is also appended with Attachment A.

 

Motion

That the Governing Body:

a)      request the New Zealand Government to introduce legislation to ban the sale of fireworks to the general public and end their private use.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Councillor Cathy Casey - Notice of Motion and Supporting Information - Ban the Sale of Fireworks to the General Public

11

      

Ngā kaihaina / Signatories

Author

Sarndra O'Toole - Team Leader Governance Advisors

Authoriser

Stephen Town - Chief Executive

 


Governing Body

22 February 2018

 

 

PDF Creator


 

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Governing Body

22 February 2018

 

 

Budget to conduct by-elections

 

File No.: CP2018/00438

 

  

Te take mō te pūrongo / Purpose of the report

1.       To approve additional budget for a Maungakiekie-Tāmaki Local Board by-election in the Tāmaki subdivision following the Maungakiekie-Tāmaki Ward by-election on 17 February 2018, and to approve budget for a Waitakere Ranges Local Board by-election following the passing of Local Board member Denise Yates.

Whakarāpopototanga matua / Executive summary

2.       A by-election took place in the Maungakiekie-Tāmaki Ward on 17 February 2018 to fill an extraordinary vacancy created by former councillor Denise Lee’s resignation. Maungakiekie-Tāmaki Local Board Chair, Josephine Bartley, stood as a candidate and has been successfully elected. Josephine Bartley’s election creates a vacancy on the Maungakiekie-Tāmaki Local Board, Tāmaki subdivison. The Local Electoral Act 2001 requires a by-election to be held to fill this vacancy. 

3.       Waitakere Ranges Local Board member Denise Yates passed away on 23 January 2018, creating a vacancy. The Local Electoral Act 2001 requires a by-election to be held to fill this vacancy.

4.       Birkenhead Licensing Trust President William (Bill) Plunkett passed away on 11 February 2018, creating a vacancy. Auckland Council must conduct this election on behalf of the Licensing Trust. Auckland Council will recover all the costs of this election. The anticipated cost is $45,000.

5.       This paper requests additional operating budget of $174,000 to cover the costs of two by-elections.

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      approve an additional operating budget of $174,000 in the 2017/2018 financial year to conduct two by-elections.

b)      refer this recommendation to the next Finance and Performance Committee for their information.

Horopaki / Context

6.       Preliminary results for the Maungakiekie-Tāmaki Ward by-election which took place on 17 February 2018 indicate that Josephine Bartley, Maungakiekie-Tāmaki Local Board Chair, has been successfully elected to the Governing Body.

7.       According to section 88F Local Electoral Act 2001, a local board member declared to be elected as a member of the territorial authority must be treated as having vacated office as a member of the local board. The Local Electoral Act 2001 requires an election to be held to fill this vacancy.

8.       Waitakere Ranges Local Board member Denise Yates passed away on 23 January 2018, creating a vacancy. The Local Electoral Act 2001 requires an election to be held to fill this vacancy.

9.       Birkenhead Licensing Trust President William (Bill) Plunkett passed away on 11 February 2018, creating a vacancy. Auckland Council must conduct this election on behalf of the Licensing Trust. Auckland Council will recover all the costs of this election. The anticipated cost is $45,000.

Tātaritanga me ngā tohutohu / Analysis and advice

10.     The following by-election timetable will be followed:

-     Public notice of by-elections Wednesday 28 February 2018

-     Nominations open Wednesday 28 February 2018

-     Nominations close noon, Wednesday 28 March 2018

-     Delivery of voting packs Wednesday 2 May 2018

-     Close of voting noon, Thursday 24 May 2018.

11.     To meet this timetable a budget decision is needed now, as the next Finance and Performance Committee meeting is on 27 February 2018, which is too late to start planning these by-elections and enter into the necessary contractual arrangements with Independent Elections Services. The additional funding will be included in the next budget update report to the Finance and Performance committee.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

12.     The Maungakiekie-Tāmaki and Waitakere Ranges Local Boards will be affected through the vacancies occurring in these areas and new members being elected.

Tauākī whakaaweawe Māori / Māori impact statement

13.     The 2016 local government election arrangements for recognising Māori will apply to these by-elections. These arrangements include provision for using Te Reo Māori in candidate profile statements and that candidate and voter collateral will be made available in Te Reo and sent directly to Mana Whenua.

Ngā ritenga ā-pūtea / Financial implications

14.     The estimated costs of these by-elections are set out below. 

By-election area

Estimate
(Election Services)

Estimate
(Communications)

Maungakiekie-Tāmaki Local Board (Tāmaki subdivision)
(approx. 31,000 electors)

$67,000

$13,200

Waitakere Ranges Local Board

(approx. 38,000 electors)

$77,000

$16,800

Total

$144,000

$30,000

 

15.     These costs are based on:

·   An estimate provided by the council’s election services provider, Independent Election Services Limited, for managing and processing votes based on the number of electors

·   estimated costs related to communications, marketing and ballot box management.

16.     Independent Election Services Limited estimates are based on a 30 percent voter turnout. Final costs will depend on actual number of voter returns.

17.     By-elections are unbudgeted. There is no opportunity in the current financial year to absorb costs within existing budgets.  

18.     Staff ask that the Governing Body approve an additional operating budget of $174,000.

Ngā raru tūpono / Risks

19.     The Local Electoral Act 2001 requires an election to be held to fill these vacancies. If budget is not approved we would not be able to meet our obligations under the Act.

20.     Recent experience of conducting by-elections has shown that estimated costs are sufficient. There is little risk of exceeding the budget requested in this paper, unless voter turnout significantly exceeds the estimated 30 per cent, which is unlikely.

Ngā koringa ā-muri / Next steps

21.     Budgets will be amended in core financial systems and will be used for internal management reporting, regular reporting to council committees and financial control for the 2017/2018 financial year.

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.    

Ngā kaihaina / Signatories

Author

Katie Watson – Senior Advisor Voter Participation

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

22 February 2018

 

 

Submission on Ngāi Tai ki Tāmaki Claims Settlement Bill

 

File No.: CP2018/00447

 

  

Te take mō te pūrongo / Purpose of the report

1.       To advise the Governing Body that on 17 January 2018 the Mayor and chair of the Environment and Community Committee approved under delegation, as an urgent decision, a submission to the Māori Affairs Committee on the Ngāi Tai ki Tāmaki Claims Settlement Bill, and to provide a copy of that decision report and submission.

Whakarāpopototanga matua / Executive summary

2.       The Ngāi Tai ki Tāmaki Claims Settlement Bill (‘Bill’) gives effect to the deed of settlement signed by Ngāi Tai ki Tāmaki and the Crown on 7 November 2017.  Submissions on the Bill were due with the Māori Affairs Committee by 19 January 2018.  As no meeting of the Governing Body was scheduled in January, the submission was approved by the Mayor and chair of the Environment and Community Committee under Governing Body delegation via an urgent decision report.

3.       That report (17 January 2018), and the Auckland Council submission to the Māori Affairs Committee on the Ngāi Tai ki Tāmaki Claims Settlement Bill, are attached to this short report (Attachment A).  The report refers to prior decision-making by Auckland Council on the Treaty settlement redress offered to Ngāi Tai ki Tāmaki directly involving council – namely the Hihiorapa Urupā and Hūnua Falls Scenic Reserve sites, which are presently administered as part of the Hūnua Ranges Regional Park.

4.       The submission itself acknowledges the importance of the Treaty settlement to Ngāi Tai ki Tāmaki and the people of Auckland.  It also acknowledges the ongoing relationship between Auckland Council and Ngāi Tai ki Tāmaki and describes, for the benefit of the committee, aspects of the settlement in which Auckland Council is directly involved.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      note the Mayor and chair of the Environment and Community Committee approved under delegation, as an urgent decision, a submission to the Māori Affairs Committee on the Ngāi Tai ki Tāmaki Claims Settlement Bill.

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Urgent decision report and submission on NTkT Claims Settlement Bill

21

     

Ngā kaihaina / Signatories

Author

John Hutton - Manager Treaty Settlements

Authorisers

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

22 February 2018

 

 


 


 


 


 


 


 


 


Governing Body

22 February 2018

 

 

Process for the review of the Elected Members' Code of Conduct

 

File No.: CP2018/01221

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To approve the process for reviewing the Elected Members' Code of Conduct (Code of Conduct).

Whakarāpopototanga matua / Executive summary

2.       The Auckland Council Elected Members’ Code of Conduct was adopted by the first Auckland Council Governing Body in 2010.  It was reviewed and amended in 2013.

3.       The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions.

4.       The General Manager: Democracy Services arranged for a review of the Code which included discussions with some elected members, senior managers and Local Government New Zealand.  Local Government New Zealand has promulgated a revised template for councils to use.

5.       Suggestions have come out of this review.  There needs to be an agreed process for reviewing any recommended amendments.  Staff propose that this process includes local board feedback and consideration by the Joint Governance Working Party prior to reporting any proposed amendments to the Governing Body for adoption.  Given the need to engage fully with local boards, staff anticipate the review to be complete by 31 July 2018.

 

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      approve the process for reviewing the Elected Members’ Code of Conduct as follows:

i)        initial local board comments are sought through local board cluster meetings

ii)       the Joint Governance Working Party considers local board feedback and develops proposals for amending the Code of Conduct

iii)      the proposed amendments are formally reported to local boards for their comment

iv)      the proposed amendments and local board comments are formally reported to the Governing Body to consider

v)      the Governing Body adopts the new Elected Members’ Code of Conduct by 31 July 2018.

 


 

 

Horopaki / Context

6.       Every local authority is required to adopt a Code of Conduct.  The Local Government Act 2002 (Act) states in schedule 7, clause 15, that a Code must include:

“(a)    understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members, including—

(i)      behaviour toward one another, staff, and the public; and

(ii)      disclosure of information, including (but not limited to) the provision of any document, to elected members that—

(A)     is received by, or is in the possession of, an elected member in his or her capacity as an elected member; and

(B)     relates to the ability of the local authority to give effect to any provision of this Act; and

(b)     a general explanation of—

(i)      the Local Government Official Information and Meetings Act 1987; and

(ii)      any other enactment or rule of law applicable to members.”

7.       The Act allows a Code of Conduct to be amended on a 75 per cent vote.

8.       The Act further states in schedule 7, clause 36B:

“Each member of each local board must comply with the code of conduct adopted by the governing body under clause 15.”

9.       The Code of Conduct for the Auckland Council was initially developed by the Auckland Transition Agency and was amended in August 2013.

Tātaritanga me ngā tohutohu / Analysis and advice

10.     Since the Auckland Council Code of Conduct was amended in 2013, Local Government New Zealand have promulgated a revised template for the use of councils.  The General Manager: Democracy Services has arranged for discussions with various stakeholders, including some elected members, senior managers, Mayoral Office and Local Government New Zealand staff.

11.     Some suggestions for change have arisen out of these discussions.  Before proceeding further, it is important for all those affected by the Code of Conduct to have full opportunity to have input into any proposals that are ultimately put to the Governing Body for adoption.

12.     The process that is proposed is as follows:

i.   the Governing Body approves the process at this meeting

ii.  initial local board comments are sought through local board cluster meetings

iii.  the Joint Governance Working Party considers local board feedback and develops proposals for amending the Code

iv. the proposed amendments are formally reported to local boards for their comment

v.  the proposed amendments and local board comments are formally reported to the Governing Body to consider and to adopt.

13.     The option of organising a workshop for the Governing Body to consider the proposed amendments before it formally adopts the Code has been included in the timeline and can be scheduled or cancelled at the direction of the Governing Body.

14.     Proposed timeframes are outlined in the table below. Intermediary dates may change depending on local board meeting times and Governing Body availability, but staff will aim to submit the revised Code to the Governing Body for adoption by 31 July 2018:

 

Start date

Finish date

Governing Body adopts the review process

Thursday 22 February

Initial local board comments sought at cluster meetings

Monday 19 March

Monday 26 March

Staff prepare proposal for consideration by the Joint Working Party

Tuesday 27 March

Friday 6 April

Joint Governance Working Party finalises the first proposal

Wednesday 11 April

First proposal presented to local board meetings for feedback

Monday 16 April

Friday 1 June

Staff prepare second proposal including local boards feedback for consideration by the Joint Working Party

Monday 4 June

Friday 15 June

Joint Governance Working Party finalises the second proposal

Wednesday 20 June

 

Governing Body workshop to provide feedback on second proposal

Monday 25 June

Friday 29 June

Staff prepare final recommendation

Monday 2 July

Friday 20 July

Final recommendation to Governing Body

Thursday 26 July

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

15.     The Act requires all local board members to comply with the Code of Conduct adopted by the Governing Body.  It is important for local boards to have input into proposed amendments.

Tauākī whakaaweawe Māori / Māori impact statement

16.     The Code of Conduct is required under the Act; it sets out expectations of how elected members should conduct themselves.  In that sense it is an internal procedural document which will not have an impact on the Māori community.

17.     Nevertheless, a Code will typically set out principles and values on which such conduct should be based and this will be an opportunity to include any values of importance to Māori that are relevant. 

Ngā ritenga ā-pūtea / Financial implications

18.     There are no financial implications attached to the process for the review.  There are financial implications attached to the processes in the Code itself, for example there are costs associated with an independent panel or ‘ombudsman’.  There are staff time costs associated with administering the Code.  Costs are normally met within the Governance Directorate’s opex budget.

Ngā raru tūpono / Risks

19.     A risk to any Code of Conduct being effective is that those who must comply with it do not acknowledge or accept it.  It is important therefore, to have a process that all elected members regard as fair and reasonable and ensures that they have had input to developing the Code.

Ngā koringa ā-muri / Next steps

20.     Following Governing Body approval of the process, feedback from local boards will be sought through local board cluster meetings which will then be considered by the Joint Governance Working Party.

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive

 


Governing Body

22 February 2018

 

 

Mutukaroa Trust - nomination for vacancy

 

File No.: CP2018/00338

 

  

Te take mō te pūrongo / Purpose of the report

1.       To nominate a councillor to fill the vacancy created by the resignation of former councillor Denise Lee.

Whakarāpopototanga matua / Executive summary

2.       The Mutukaroa (Hamlins Hill) Management Trust was settled in 1996 by the then Minister of Lands.  The trust deed provides for a lease of Crown land to the trust and for the trust to sublease the land to the council for use as a regional park.

3.       The trust deed sets out the trustees as comprising:

(i)      a representative of Ngāti Whātua

(ii)      a representative of Ngāti Paoa

(iii)     a representative of Waikato-Tainui

(iv)    two representatives of Auckland Council

(v)     the local Member of Parliament.

4.       An appointments committee of the trust board appoints the trustees on the nomination of the respective bodies.

5.       The role of the trust includes maintaining an oversight of the park.  The park is subleased to the Auckland Council and the council holds the budget for operations on the park.  

6.       The two Auckland Council representatives were former councillor Denise Lee and Alan Verrall, Maungakiekie-Tamaki Local Board member.

7.       The vacancy has arisen through the resignation of Denise Lee from the Governing Body on being elected to Parliament.  She will continue to take part in the trust as the local Member of Parliament.

Ngā tūtohunga / Recommendation/s

That the Governing Body:

a)      nominate one councillor to the Mutukaroa (Hamlins Hill) Management Trust.

Horopaki / Context

8.       The trust was established in 1996 by Deed between the then Minister of Lands as settlor and Phil Warren (Auckland Regional Council), Hugh Kawharu (Ngāti Whatua), Hariata Gordon (Ngāti Paoa), Robert Mahuta (Tainui), Les Mills (Auckland City Council) and Richard Northey (MP).

9.       In the Deed, the primary object of the trust relates to land described in the schedule to the Deed, being Crown Land.  The trust was to contribute to the control, management, protection and enhancement of the land as a regional park by leasing it to the Auckland Regional Council (ARC), participating in the statutory management planning for it, offering general advice about management and raising funds to support selected projects on the land.

10.     With the establishment of Auckland Council it has continued to be operated as a regional park, operated by the council.

Tātaritanga me ngā tohutohu / Analysis and advice

11.     The trust usually holds about three meetings or less per year.  A key role it has is to receive an annual report on the operations on the park.

12.     Among the current concerns before the trust is the tenure of the Crown land.  The trust wrote to Ministers of the Crown in 2016 suggesting that the Crown consider classifying the land as reserve. This would ensure the ongoing use of the land as public open space and give the council more confidence in investing in development of the land.  The trust is awaiting substantive replies.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /
Local impacts and local board views

13.     The trust deed provides for two nominations from Auckland Council and it has been previous practice for one of the nominations to be made by the Maungakiekie-Tamaki Local Board. The current board member on the trust is Alan Verrall. 

Tauākī whakaaweawe Māori / Māori impact statement

14.     The trust structure was created to provide for stewardship of the land pending Treaty of Waitangi settlements.

Ngā ritenga ā-pūtea / Financial implications

15.     There are no financial implications attached to making the nomination.

Ngā raru tūpono / Risks

16.     There are no significant risks attached to making the nomination.  If a nomination is not made prior to the next meeting of the trust this would contribute to the risk of the meeting failing due to quorum problems.

Ngā koringa ā-muri / Next steps

17.     The next meeting of the trust is set for mid-March.  The trust would appoint the council’s nominee at that meeting.

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.    

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Phil Wilson - Governance Director

Stephen Town - Chief Executive