I hereby give notice that an ordinary meeting of the Hibiscus and Bays Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Wednesday, 21 February 2018 04:30pm Council Chamber |
Hibiscus and Bays Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Julia Parfitt, JP |
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Deputy Chairperson |
Janet Fitzgerald, JP |
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Members |
Chris Bettany |
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David Cooper |
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Gary Holmes |
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Caitlin Watson |
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Vicki Watson |
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Mike Williamson |
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(Quorum 4 members)
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Vivienne Sullivan Local Board Democracy Advisor
15 February 2018
Contact Telephone: (09) 427 3317 Email: vivienne.sullivan@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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DELEGATIONS HIBISCUS AND BAYS LOCAL BOARD 2016-2019
Portfolio |
Description |
Local Board Members |
Minor landowner approvals and landlord approvals including events
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Confirm if the matter is minor for staff to exercise their delegation |
Julia Parfitt -Chairperson Janet Fitzgerald - Deputy Chairperson |
Transport Information Group |
Discuss transport issues/projects |
Janet Fitzgerald Julia Parfitt |
Resource consent applications |
Input into notification decisions for resource consent applications |
Gary Holmes Janet Fitzgerald |
Urgent Decision Making |
To make decisions on matters that cannot wait until the next ordinary meeting of the local board |
Julia Parfitt – Chairperson Janet Fitzgerald-Deputy Chairperson |
Appointments to outside organisations
Organisation |
Local Board Member |
Vaughan Homestead (Torbay Historical Society) |
Julia Parfitt Chris Bettany - Alternate |
Estuary Arts Charitable Trust |
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Victor Eaves Management Committee |
Mike Williamson |
Local Government New Zealand Zone One (Auckland and Northland) |
Janet Fitzgerald
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Business Improvement Districts (BIDS) |
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Destination Orewa Beach |
Vicki Watson David Cooper - Alternate |
Torbay |
Chris Bettany Julia Parfitt - Alternate |
Browns Bay |
Gary Holmes Chris Bettany - Alternate |
Mairangi Bay |
David Cooper Julia Parfitt - Alternate |
Hibiscus and Bays Local Board 21 February 2018 |
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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 Hibiscus Coast Citizens Advice Bureau 5
8.2 Proposed Temporary Encumbrances at 8-10 Penzance Road, Mairangi Bay 6
8.3 Hibiscus Coast Association Football Club 6
9 Public Forum 6
10 Extraordinary Business 6
11 Notices of Motion 7
12 Update on walkway closures and repairs in the Hibiscus and Bays Local Board area 9
13 Land owner and landlord approval for the installation of a security fence for the storage of boats at Manly Sailing Club Incorporated, Manly Park, 65 Laurence Street, Manly, 0930 13
14 Auckland Transport Update to the Hibiscus and Bays Local Board for February 2018 21
15 Contestable grants for building capacity and youth leadership in Hibiscus and Bays 51
16 New Road Name Approval: Fletcher Residential Limited subdivision at the former Peninsula Golf Course, Red Beach 55
17 Revising the local board Standing Orders 65
18 Urgent Decision: Landowner consent and new community lease to Red Beach Surf Life-Saving Club Incorporated at Red Beach Waterfront Reserve 143
19 Temporary encumbrances for residential properties at 8, 10 and 10A Penzance Road, Mairangi Bay 175
20 Auckland Council's Quarterly Pesrformance Report: Hibiscus and Bays Local Board for quarter two, 1 October - 31 December 2017 181
21 Ward Councillors Update 235
22 Governance Forward Work Calendar 237
23 Record of Workshop Meetings 245
24 Consideration of Extraordinary Items
At the close of the agenda no apologies had been received.
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.
That the Hibiscus and Bays Local Board: a) confirm the ordinary minutes of its meeting, held on Wednesday, 13 December 2017, as a true and correct record.
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At the close of the agenda no requests for leave of absence had been received.
At the close of the agenda no requests for acknowledgements had been received.
At the close of the agenda no requests to present petitions had been received.
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 Hibiscus and Bays 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.
Whakarāpopototanga matua / Executive summary Mr Graeme Dykes, chairperson of the Hibiscus Coast Citizens Advice Bureau has requested a deputation to provide an update on the Hibiscus Coast Citizens Advice Bureau. |
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) thank Mr Dykes for his presentation.
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Whakarāpopototanga matua / Executive summary Representatives of the Hibiscus Coast Association Football Club have requested a deputation to discuss the possibility of installing boundary netting printed with sponsorship signage. |
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) thank the representatives from Hibiscus Coast Association Football Club for their presentation.
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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.
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
There were no notices of motion.
Hibiscus and Bays Local Board 21 February 2018 |
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Update on walkway closures and repairs in the Hibiscus and Bays Local Board area
File No.: CP2018/00430
Te take mō te pūrongo / Purpose of the report
1. To provide an update and timeline for repairs to walkways in the Hibiscus and Bays Local Board area that are currently closed due to storm damage.
Whakarāpopototanga matua / Executive summary
2. At the Hibiscus and Bays Local Board’s 23 November 2017 Long-term Plan workshop, the local board requested an urgent ‘update and timeline for repairs to the popular high profile walkways that are closed due to storm damage’.
3. This report responds to the local board’s request with a list of high priority walkways for repair in the Hibiscus and Bays Local Board area (see Table 1).
4. Auckland Council are currently working on repairs to over 100 landslides across the region. Of these, three of the highest priority sites lie within the Hibiscus and Bays Local Board area, namely Lotus Walk, Crows Nest Walk, and St Annes Hall car park.
5. These walkways are prioritised for repair this year. Investigation, design, consenting and construction required to remediate each site is anticipated to take five to eight months to complete, assuming that there are no delays through the consenting process or caused by further damage.
6. Updates on the status of these repairs will be reported through the quarterly Community Facilities performance reports.
Horopaki / Context
7. Across the region, it is estimated that over 1,000 slips have occurred since March 2017. Many of these are on private land, or are away from sensitive infrastructure and buildings, so Auckland Council is not required to repair them. There are over 100 landslides across Auckland on land managed by Community Facilities that currently have some impact on public facilities, most commonly footpaths.
8. Work is underway to remediate the smaller, less complex sites across Auckland that can be dealt with under existing maintenance contracts. There are also a number of larger, more complex sites that will require significant investment to reinstate, including Lotus Walk, Crows Nest Walk, and St Annes Hall car park within the Hibiscus and Bays Local Board area.
9. Excluding the large slip in Birkenhead, the repair of slips identified as high priority by the council is likely to exceed $10 million. In order to manage this unbudgeted expenditure over other existing commitments, a prioritisation process has been undertaken in accordance with Auckland Council’s Risk Management Framework. This framework is designed to improve decision-making by incorporating risk assessment techniques into the decision-making process.
Tātaritanga me ngā tohutohu / Analysis and advice
10. The three highest ranked slips within the Hibiscus and Bays Local Board area are among the top priority sites across the region. These sites and estimated repair costs are listed in Table 1 below.
Table 1. Extract from regional slip repair prioritisation list
Regional Ranking |
Site name |
Location |
Current preliminary cost estimate (physical works only, likely to change following investigation) |
1 |
Lotus Walk |
Browns Bay |
$250,000 |
2 |
Crows Nest Walk |
Murrays Bay |
$400,000 |
7 |
St Annes Hall car park |
Browns Bay |
$200,000 |
11. These sites are programmed for design and remedial works to be progressed as a priority this year. Staff anticipate that the programme (assuming no delays attributed to the regulatory framework requirements or further damage) will comprise:
· investigation and design – two to three months
· consenting – one to two months
· construction – two to three months.
12. Other slips in the Hibiscus and Bays Local Board area are relatively less significant, and will be addressed as described in Table 2 below:
Table 2. Extract from regional landslide management spreadsheet
Site name |
Location |
Proposed remediation |
Centennial Park |
Campbells Bay |
Replanting |
Long Bay Regional Park |
Long Bay |
To be confirmed |
28 Rock Isle Road |
Torbay |
None (no public access) |
53 Island View Drive |
Whangaparaoa |
Reshape land to remove ponding and replant |
787 Whangaparaoa Road |
Whangaparaoa |
None (no public access) |
80 Cliff Road |
Torbay |
None (no public access) |
821A Whangaparaoa Road |
Whangaparaoa |
None (no public access) |
56 Ardern Avenue |
Stanmore Bay |
None (no public access) |
13. The Hibiscus and Bays Local Board area has an extensive coastline that is actively retreating in some locations. The impact of climate change will generally increase the rate of erosion as a result of rising sea levels and more intense storms. There are numerous locations with public esplanade reserves that will, over time, erode and become too narrow for their current use.
14. As Auckland Council’s Coastal Management Framework 2017 is rolled out across the region, a series of coastal compartment management plans will be put in place to define the preferred response to these coastal changes. These responses will be determined in conjunction with local boards and communities.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
15. The three priority sites within the Hibiscus and Bays Local Board area are currently closed to the public. These closures were implemented by the council immediately after the slips occurred in the interest of public safety. As such, no local board input was requested in regards to the closures.
16. These closures create an inconvenience to the public and local residents as alternative routes are significantly longer and less convenient to use. There is also a risk that people will climb the barriers currently in place to restrict access and put themselves at risk in order to avoid the current inconvenience.
17. This report seeks local board endorsement for the prioritisation of repairs to the closed walkways. Local board feedback will be used to update the prioritisation list.
Tauākī whakaaweawe Māori / Māori impact statement
18. Due to the urgent nature of the walkway closures, no mana whenua engagement has been undertaken in this assessment process. However, the detailed design and resource consenting processes include the provision for consultation with mana whenua.
Ngā ritenga ā-pūtea / Financial implications
19. Community Facilities have reallocated local park renewal funding for the 2017/2018 financial year to progress these repairs as a priority. These projects will be added to the Hibiscus and Bays Local Board Community Facilities 2017/2018 work programme, and progress will be reported through the quarterly performance updates. Funding for the 2018/2019 financial year will be addressed during workshops on the Long-term Plan 2018-2028.
Ngā raru tūpono / Risks
20. The health and safety of the public is the primary risk associated with these walkway closures, resulting from the potential for public to bypass barriers and access unstable footpaths with large fall heights.
21. There is also a risk of budget and timeframes being exceeded for these remedial works, as the construction conditions are challenging and variable. Each site requires a customised design based on limited current information that will improve as detailed design is progressed.
22. There are risks to the remedial works programme due to potential delays during resource consenting, and the potential for further slips (either at the same location or at adjacent locations on the same paths) to make the planned remedial option impractical.
Ngā koringa ā-muri / Next steps
23. Following the endorsement of the prioritised sites, Auckland Council’s Engineering and Technical Services unit will commence detailed design and procurement of contractors to undertake the repairs.
24. Updates on the status of these repairs will be reported through the quarterly Community Facilities performance reports.
Ngā tāpirihanga / Attachments
There are no attachments for this report.
Ngā kaihaina / Signatories
Authors |
Ross Roberts – Geotechnical and Geological Practice Lead |
Authorisers |
Paul Klinac – Coastal and Geotechnical Services Team Manager Barry Potter - Director Infrastructure and Environmental Services Lesley Jenkins - Relationship Manager |
Hibiscus and Bays Local Board 21 February 2018 |
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Land owner and landlord approval for the installation of a security fence for the storage of boats at Manly Sailing Club Incorporated, Manly Park, 65 Laurence Street, Manly, 0930
File No.: CP2018/00457
Te take mō te pūrongo / Purpose of the report
1. To request land owner and landlord approval for the installation of a permanent security fence surrounding the lease area of the Manly Sailing Club Incorporated for the storage of boats at Manly Park, 65 Laurence Street, Manly.
Whakarāpopototanga matua / Executive summary
2. The applicant, the Vice Commodore of Manly Sailing Club Incorporated, is seeking land owner and landlord approval to construct a permanent fence around the current leased area of Manly Sailing Club Incorporated. The proposal is for a vertical 1.8 metre pool type fence to be constructed for the storage of the sailing craft and safety boats when not in use.
3. Manly Sailing Club Incorporated has been running Learn to Sail Programmes in association with the Russell Coutts Sailing Foundation Trust over the past 18 months. This has increased patronage and pressure on the existing facilities and storage capacity. Canoes are also stored at the club for the WaterWise Programme in local schools that are supported on a voluntary basis by club members.
4. Manly Sailing Club Incorporated has been exploring alternative options for storage such as extensions to the clubhouse and construction of a storage shed. However, the options proposed are unlikely to resolve Manly Sailing Club Incorporated’s immediate storage issues.
5. The fence will provide a secure area to increase transparency, promote passive surveillance and minimise the visual intrusion for reserve users.
6. The applicant is also requesting to remove the shrubs adjacent to the clubhouse to increase the storage space.
7. The maintenance delivery coordinator, area manager operational management and maintenance, service and asset planner, senior community lease advisor, senior arboriculture and eco specialist, and parks and places specialist support the proposal.
8. Development of an Open Space Management Plan for all parks in the Hibiscus and Bays Local Board area is due to commence in February 2018. This process provides a platform for an integrated planning approach for Manly Park and will be an opportunity to address accommodating the increased patronage and club facility requirements for Manly Sailing Club Incorporated.
9. This report recommends the Hibiscus and Bays Local Board approve the land owner and landlord application from the Vice Commodore of Manly Sailing Club Incorporated, for the construction of the fence around the lease area of Manly Sailing Club Incorporated, legally described as Lot 1 DP 148441.
Horopaki / Context
Planning context
10. The leased area for Manly Sailing Club Incorporated (Manly Sailing Club), legally described as Lot 1 DP 148441, is currently held in fee simple by Auckland Council as an unclassified recreation reserve and subject to the provisions of the Reserves Act 1977.
11. The operative community lease expires on 31 May 2025 with one right of renewal for a further 33 year period. The lease provides that the lessee must seek written approval from Auckland Council, as the landlord, for any additions or improvements within the leased area. Additionally, any structure must be consistent with the purpose specified under the lease, which is, that the leased area is used solely for the purpose of a yacht club and related activities.
12. Manly Sailing Club is recognised in the Manly Park Reserve Management Plan 1998 and its facilities are an identified landscape modification with the occupancy formalised by the lease agreement.
13. The proposal is compliant and supported by the Manly Park Reserve Management Plan, 1998 as follows:
· 1.53 Objective 3 (1) of the Manly reserve requires the lease to ensure adequate facilities are provided to meet the needs of the club while not compromising the use of the reserve by the general public
· Policy 15.2 (xiii) endorses a boat rigging area adjacent to the Manly Sailing Club to ease congestion on the boat ramp and beach.
14. The Hibiscus and Bays Local Board is implementing a combined Open Space Management Plan (the Plan) for all community parks and reserves in the local board area commencing in February 2018. This encompasses reviewing the existing Manly Park Reserve Management Plan and will provide an opportunity to plan for the future of the park including Manly Sailing Club’s aspirations for ongoing use and club facilities on the park.
Proposal
15. The lease area for the proposed fence is depicted in Attachment A.
16. The fence will improve outcomes for the public’s use of the park by containing Manly Sailing’s activities within the lease area. This will leave a route for unimpeded public access to and from the beach down the side of the clubrooms at all times.
Tātaritanga me ngā tohutohu / Analysis and advice
Alternative options
17. There is a lack of space in the current clubrooms for storage of sailing craft and safety boats. Alternative storage options have been explored including extending Manly Sailing Club to the north and to the south. Major stormwater catchment drainage runs parallel with the clubrooms on the east and south sides and impedes the ability to build without major engineering solutions. Renewal or up-grades for this drainage are not planned.
18. Coastal specialists’ and environmental impact assessments would be required for any extensions. The recent storms have highlighted how vulnerable our coastal environments are with a combination of high north winds and a king tide causing erosion and debris on Hibiscus Coast beaches.
19. A further investigation proposed the construction of a storage shed within the leased area at Manly Bowling Incorporated established through a sub-lease agreement between Manly Sailing Club Incorporated and Manly Bowling Incorporated.
20. These options require:
· public notification
· iwi engagement
· classification of reserve
· open space assessments.
Options and Analysis
Option 1 – Hibiscus and Bays Local Board approve the land owner and landlord application
21. Staff recommend that the Hibiscus and Bays Local Board:
· approve the land owner and landlord application from the Vice Commodore, on behalf of Manly Sailing Club for the construction of the fence as indicated in Attachment A;
· approve the use of the delegation protocols to deal with the parks land owner approval by the Manager Land Advisory Services, Community Facilities;
· approve the use of the delegation protocols to deal with the parks landlord approval by the Manager, Community Leases, Community Facilities.
Option 2 - Hibiscus and Bays Local Board decline the land owner and landlord application
22. If the Hibiscus and Bays Local Board decline this application the proposed fencing will not be constructed and there will be no security for the training boats. This impedes the club’s ability to store boats on site and creates a risk that equipment stored outside is likely to be damaged or stolen. Additionally, the fence provides a demarcation of Manly Sailing’s leased area which will be lost if the application is declined and is likely to create uncertainty on the appropriate area to store and rig yachts and boats. Staff do not recommend this option.
Analysis
23. Overall, the applicant’s proposal is considered to be acceptable to the Community Facilities Department because:
· the Manly Sailing Club proposal is recognised in the Manly Park Reserve Management Plan, 1998 - Objective 2:
o “To provide facilities and develop the reserve to the north of Laurence Street in a manner to enhance the experience of the public using Big Manly for passive or boating recreation;”
· Manly Park Reserve Management Plan, 1998 - Objective 3:
o “To recognise the existing leases that provide for specific types of recreation on areas of the reserve;”
Policies (i) “The lease should ensure that adequate facilities are provided to meet the needs of the club while not compromising the use of the reserve by the general public;”
· the fence will be constructed on the existing leased area and would be consistent with the permitted use as stipulated under the lease
· sailing events provide active recreation for youth in the local area and bring revenue to the local community with out of town visitors attending special events staying in local accommodation and spending at local businesses; and
· pool type open fencing material minimises the visual effect on open space.
24. If the issue for adequate storage is not addressed the club will find it difficult to operate efficiently. Currently, with the small storage space, it takes considerable juggling and time to accommodate the required sailing and safety craft.
25. Alternative storage options have been explored but require public notification iwi engagement and community outcomes planning.
26. It is prudent to consider Manly Sailing Club’s needs as part of the combined Open Space Management Plan for all local parks and reserves in the Hibiscus and Bays Local Board area. This provides an opportunity for park users with an interest in Manly Park to make suggestions to inform the development of the draft plan including mana whenua, stakeholders and the community, ensures an integrated approach to open space management for Manly Park and increases the visibility and input into the Plan.
27. The Reserves Act 1977 process will be utilised to prepare the Plan and includes two rounds of public consultation and a hearings process. Full plan development is expected to take 12-15 months. The Plan will provide quality guidance but be flexible enough to allow the local board to remain responsive to a growing and changing community.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe / Local impacts and local board views
28. The Hibiscus and Bays Local Board have delegated authority to approve upgrades to community facilities under the community lease agreement.
29. The use of the reserve for activities relating to sailing is supported by the Hibiscus and Bays Local Board Plan 2017 Outcome: Our community enjoys access to quality parks, reserves and facilities for leisure, sport and recreation:
· Open spaces and quality recreation help support healthy lifestyles and keep us active.
Tauākī whakaaweawe Māori / Māori impact statement
30. The proposal is subject to the approval of the local board as the delegated authority for land owner and landlord approvals and community leases.
31. The proposal does not trigger the council’s Significance and Engagement Policy or affect matters of customary rights or treaty settlements.
32. It is unlikely to affect current or future Māori participation or outcomes and no iwi engagement has taken place.
Ngā koringa ā-muri / Next steps
33. If this application is approved by the Hibiscus and Bays Local Board, Manly Sailing Club will be able to proceed with the construction of the fence. The land owner approval conditions will include, among others:
· a health and safety plan
· liability conditions including insurance and full reinstatement to any adjacent areas.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
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Proposed site of fence on leased area |
19 |
Ngā kaihaina / Signatories
Authors |
Cherie Veza - Stakeholder Advisor Raewyn Sendles - Land Use Advisor |
Authorisers |
Kim O’Neill - Head of Stakeholder and Land Advisory Lesley Jenkins - Relationship Manager |
21 February 2018 |
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Auckland Transport Update to the Hibiscus and Bays Local Board for February 2018
File No.: CP2018/00919
Te take mō te pūrongo / Purpose of the report
1. To respond to resolutions and requests on transport-related matters, provide an update on the current status of the Local Board’s Transport Capital Fund projects, a summary of consultation material sent to the local board and information on transport-related matters of specific application and interest to the Hibiscus and Bays Local Board and its community.
Whakarāpopototanga matua / Executive summary
2. This particular report provides updates and information on:
· Update on the Local Board’s Transport Capital Fund Projects;
· Parking at Albany and Silverdale Park and Rides;
· Penlink;
· Quarterly Report Materials;
· Ferry Futures Strategy;
· Changes to Public Transport Fares;
· Parking changes planned for Albany;
· New Rosedale Busway Station;
· Roads and Streets Framework and Traffic Design Manual;
· Auckland Bike Challenge 2018;
· Consultations on regulatory processes;
· Traffic Control Committee results;
· Issues Raised by Elected Members.
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) notes the Auckland Transport Update to the Hibiscus and Bays Local Board for February 2018.
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Horopaki / Context
Update on the Hibiscus and Bays Local Board Transport Capital Fund Projects
3 A total of $10 million plus inflation adjustments is ring fenced each year within Auckland Transport’s capital programme for local board transport infrastructure priorities that are local in nature. This funding is currently split between local boards on the basis of population, except for Waiheke and Great Barrier Islands which are allocated two and one percent of the fund, respectively.
4. This fund is intended to allow local boards to build transport focused local improvements in their areas which are not otherwise part of Auckland Transport’s work programme. However, Auckland Transport (AT) retains responsibility for the budget and must also approve any projects proposed.
5. Ideally, projects should be completed during the term of the local board that initiated them, but for those boards yet to commit funding to projects during this term, this is becoming increasingly unlikely.
6. A summary of the Hibiscus and Bays Local Board’s current allocation is shown in the table below:
Hibiscus and Bays Local Board Transport Capital Fund Financial Summary |
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Total Funds Available in current political term |
$3,076,390 |
Amount committed to date on projects approved for design and/or construction |
$743,805 |
Remaining Budget |
$2,332,585 |
7. The remaining budget shown above comprises $1,643,883 which must be spent before 30 June 2019 and $688,702 which may be spent before 30 June 2020.
8. The $739,774 committed to date on projects approved for design and/or construction comprises funding allocated to Project 091, Mairangi Bay Art Walk; Project 411, Torbay Revitalisation; and funding recently allocated to Project 558, Orewa Pedestrian Crossings (see paragraph 9. below).
9. Construction of Project 558, the upgrade of four crossings on Hibiscus Coast Highway, Moana Avenue and Moenui Avenue, has been timed so that it did not disrupt events planned by Destination Orewa Beach over the holiday period or the busy Christmas/New Year trading. The design, construction drawings and safety audits have now been completed, and it is anticipated that contractors will be engaged to begin construction towards the end of February.
10. Rough order costs for the following projects requested by the local board at its meeting on 15 November (HB/2017/187) will be provided as soon as practicable:
· completion of the portion of Stage 3 of the Orewa Boulevard Project from Empire Road to Riverside Road;
· construction of Stage II of the Torbay Parking project on the Auckland Council Reserve located at 1022 Beach Road, Torbay;
· implementation of Slow Zones in the town centres of Mairangi Bay, Browns Bay, Silverdale and Torbay;
· modification of seven of the fourteen existing bench seats in the area between 292 and 350 Hibiscus Coast Highway, Orewa;
· raising the existing zebra crossing located adjacent to 419 Beach Road, Mairangi Bay, by approximately 150mm;
· a bike rack at Gulf Harbour, adjacent to the ferry terminal.
Parking at Albany and Silverdale Park and Rides
11. Parking is an integral part of the public and road transport network. Most journeys involve parking at both the start and the end of each trip and the decision to drive, particularly for commuting, influences public transport patronage and congestion on the road network.
12. The AT Parking Strategy (the Strategy) was developed to provide the strategic direction for the management and supply of parking in Auckland. The recommended guiding principles and policies took into consideration the issues raised in over 5,500 submissions, discussions, and in numerous workshops that were held during the 12-month period before its adoption in September 2013.
13. The Strategy sets out the objectives and policies relating to AT’s management and supply of parking across Auckland. The policies cover:
· parking policies for non-centre locations, including the application of travel demand management plans;
· motorcycle, electric vehicle and car-share parking policies;
· event management;
· technology for parking management;
· park and ride provision and pricing.
14. Policies set out in the Strategy provide the overarching framework to guide customised responses to parking supply and management that reflect local characteristics, ensuring a consistent and integrated approach across Auckland.
15. The availability and cost of car parking can influence decisions on the transport mode used, congestion, travel time and, potentially, the choice of destination. AT plays a central role in the management of parking in Auckland and is responsible for the management of:
· on-street and off-street parking;
· parking on residential streets, including a continuum of parking management interventions;
· parking on arterial roads, including consideration for town centres;
· parking permits and coupons, including technology improvements;
· comprehensive Parking Management Plans (CPMP) that set out criteria for consideration;
· on-street parking across Auckland;
· AT-controlled off-street surface car parks, including Park and Ride facilities;
· AT-controlled car park buildings.
16. AT provides and manages park and ride facilities at public transport interchanges along the rapid and frequent transit network, and at some ferry terminals. Park and ride facilities located at appropriate locations effectively increase public transport patronage, provide decongestion benefits and improve accessibility for commuters who are not served by frequent public transport feeder services.
17. At its meeting on 13 December 2017 the Hibiscus and Bays Local Board resolved to (HB/2017/216):
a) request an urgent update from Auckland Transport on their proposed plans to charge for parking at Albany and Silverdale Park and Rides.
18. In response, AT’s Group Manager Parking Services and Compliance, John Strawbridge, advises that there is no confirmed plan to charge for parking at the Albany and Hibiscus Coast Busway Stations at this stage. The possibility of implementing charges has been considered by the executive of AT, but at this stage not by the AT Board.
19. Members are assured that, should a proposal be finalised and approved by the AT Board, implementation would not take place until after the scheduled roll-out of the New Network for the north late in 2018.
Penlink
20. At its meeting on 13 December 2017 the Hibiscus and Bays Local Board resolved to (HB/2017/205):
a) request Auckland Transport update the existing business case for a four-lane Penlink option, including high occupancy vehicles and public transport in this option and report this back to the local board.
21. AT staff met informally with Local Board Chairperson Julia Parfitt met on 20 December 2017 to clarify the request and will provide a response at the local board’s meeting scheduled for 21 March.
Quarterly Report Materials
22. AT’s Quarterly Report Materials for the period October - December 2017 are attached, comprising:
· Attachment A – Report from AT departments on activities in the Hibiscus and Bays Local Board area over the past quarter;
· Attachment B – Report on TravelWise Schools activities.
Projects and activities of interest to the board
Ferry Futures Strategy
23. In alignment with its Sustainability Framework, AT is developing a 30-year strategy for ferry services and infrastructure.
24. The Ferry Futures Strategy will work with partners to explore a new vision for ferries and to make more use of the harbour. In addition, the use of low emission fuels, innovation and technologies will be considered, and opportunities for using emerging technology to improve service delivery, including first-and-final leg access and customer accessibility, will be sought.
25. Preparation of the strategy includes benchmarking and learning lessons from other cities around the world as well as discussion with local ferry operators and other stakeholders.
26. The proposed Auckland Ferry Strategy 2017-47 will be included in the 2018 review and in the update of the Auckland Regional Public Transport Plan 2018.
27. Discussion about the strategy and its implications for the Hibiscus and Bays Local Board area will be scheduled with members at a future workshop.
Changes to public transport fares
28. In the year to the end of December 2017, 91.1 million trips were taken on public transport in Auckland, an increase of 7.4 percent on the year before.
29. AT reviews it public transport fares annually, to ensure they keep pace with operating costs and the portion of costs recovered from fares, recently announcing changes to its bus, train and ferry fares to take effect from 11 February 2018.
30. AT has a target to recover 50 percent of the cost of public transport from fares, but this had dropped preceding the increases to 46.2 percent, so the balance was being subsidised by ratepayers and taxpayers.
31. The changes for bus and train fares include increases to 1-zone, 2-zone, 4-zone and 5-zone fares of between 5c and 15c, and there will be decreases to 3-zone fares of 5c for adults and 8c for children. There will also be increases of 7c to 10c for tertiary fares to ensure concession consistency across zones.
32. A number of new services and more capacity have been added over the past year, including the roll out of new bus networks in west and east Auckland, the addition of more bus lanes to improve travel times, and the introduction of additional double decker buses to bring its total fleet of double-deckers to 89.
33. The staged roll-out of the New Network will continue with the implementation of new services for the north late in 2018 and will include a service from Warkworth to the Hibiscus Coast Busway Station in Silverdale.
Parking changes planned for Albany
34. Parking changes planned for Albany will be timed to coincide with public transport upgrades.
35. AT will introduce a paid parking zone for Albany in late 2018 after the New Network for bus services takes effect. It undertook extensive public consultation in April 2017, the feedback highlighting concerns around public transport in the area and the availability of parking.
36. The paid parking zone will manage demand for parking in Albany, including the area close to the busway station. On-street parking will be charged at $1.00 per hour from 8am to 6pm, Monday to Friday, with no limit on how long vehicles can park. A 10-minute grace period will allow for pick-ups and drop offs. Existing loading zones and mobility parking will not be affected.
37. AT is also investigating the possibility of a local shuttle service to improve connections within Albany and has several other projects underway to improve park and ride capacity and ease pressure on parking in the area.
38. Parking at the Westfield and Megamall facilities, North Harbour Stadium, Hooton Reserve, or at the Albany Park and Ride is not included in the paid parking zone.
39. Information on the project, including the public feedback report, is available on the AT website: http://at.govt.nz/haveyoursay.
40. The new app for iPhone and Android, AT Park, is now available on the AT website: http://at.govt.nz/atpark, and provides a way to pay for parking without coins.
New Rosedale Busway Station
41. Plans have been released for a new busway station at Rosedale to complement the NZ Transport Agency’s plans to extend the Northern Busway from Constellation Busway Station to Albany Station. The planned station, on the Turner’s car site, is subject to property acquisition.
42. The Northern Busway is a highly successful and vital public transport link, with over five million trips along it during 2017. Patronage on the Northern Busway has grown from 4.5 million trips in October 2016 to 5.1 million in October 2017, an increase of 14.1%.
43. The NZ Transport Agency’s Northern Corridor Improvements (NCI) project will provide better links on the Northern Motorway (SH1) and Upper Harbour Highway (SH18), improving transport options on the North Shore for freight, cars, pedestrians and cyclists. It includes a new motorway connection between SH1 and SH18, opening up access to the Western Ring Route and airport, along with an extension of the Northern Busway to Albany and new shared walking and cycling paths and connections.
44. An upgrade of the Hibiscus Coast Busway Station in Silverdale is under construction and AT is also continuing to pursue funding for a 500-bay multi-storey carpark in Albany to add to the existing park and ride.
45. The NCI project has recently completed a Board of Inquiry hearing process for its consent. Pending approval, construction is expected to begin in 2018 and be completed in 2021.
46. The Rosedale Busway Station will include local service bus stops on Rosedale Road, drop off and pick up areas and mobility parks and is expected to cater for approximately 4,000 passengers a day. It will provide greater accessibility to and from residential and employment catchments in the North Shore and improve public transport service reliability.
47. Construction of the Rosedale Busway Station is due to begin in the middle of 2019, with completion in 2021.
48. For more information visit www.AT.govt.nz and search for Rosedale Busway Station. Feedback on the proposed construction will be accepted until 2 March 2018.
Roads and Streets Framework and Transport Design Manual
49. At its 24 October 2017 meeting, the Auckland Transport Board approved two very significant planning and design resources for responding to Auckland’s growth and integrating movement and place.
50. The Roads and Streets Framework (the Framework) and the Transport Design Manual, developed in partnership with Auckland Council and by working closely with staff from across AT and the NZ Transport Agency, will provide strategic guidance on modal priorities, resolve modal conflicts and set direction for the transport network and the development of place sensitive design solutions.
51. The Framework describes and balances the intended strategic, local place and movement functions of roads and streets and the levels of service for rural and urban users.
52. The strategic direction from the application of the Framework underpins AT's integrated transport project mandate required for individual projects and programmes being undertaken now and into the future.
53. The project mandate then informs the various AT project teams charged with progressing individual projects and programmes through the Project Management Framework, which includes providing the design and technical specifications (from the Transport Design Manual) for them to ensure they meet the agreed strategic direction, break down modal silos and provide integrated transport outcomes.
54. Both the Framework and the Manual are intended to provide guidance to internal staff and external parties about AT’s requirements for the planning, design, construction and vesting of assets that will be managed by AT.
55. Both documents are currently being prepared for publication and will be made available on the AT website once finalised. User guidelines will be developed early in 2018 and training will then be rolled out for practitioners, focusing initially on AT staff, the council family and NZPI/IPENZ consultants who work for developers.
Auckland Bike Challenge 2018
56. Last year, more than 3,500 people rode their bikes during February, logging their rides as part of the month-long Auckland Bike Challenge, which encourages individuals, employees and employers to support cycling.
57. Participants can now register on-line to cycle for at least 10 minutes anywhere, anytime during the month of February and will automatically be entered into the draw to win great prizes.
58. Local boards have each been set up as separate ‘departments’ under the Auckland Council team for the bike challenge. A local board member can sign up to the challenge with their council email address, pick Auckland Council as their organisation and then select their local board for their team.
59. To sign up to the challenge go to: www.lovetoride.net/Auckland
60. There is also a story on OurAuckland that you can share, and posts on the Auckland Transport Cycling Facebook Page.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
Consultations on Regulatory Processes
61. Documentation describing a proposal to install NSAAT restrictions at the intersection of Bay Street and Rushden Terrace, Red Beach, where parked vehicles were causing visibility issues for drivers turning into and out of Rushden Terrace, as well as for a pedestrians crossing Rushden Terrace, was forwarded to Hibiscus Coast subdivision members on 10 November 2017. No objections to the proposal were received.
62. Documentation describing a proposal to install NSAAT restrictions on Pohutukawa Avenue, Red Beach, to address visibility issues caused by parked cars due to the narrowness of the road, was forwarded to members on 15 November 2017. No objections to the proposal were received.
63. Documentation describing proposals to install NSAAT restrictions on Saltwood Street, Silverdale; Caldera Drive, Long Bay; Knights Road, Mairangi Bay; Macnay Way, Murrays Bay; Beach Road, Torbay; Whangaparaoa Road and Duncansby Roads, Stanmore Bay was forwarded to members on 4 December. No objections to the proposal were received.
64. Previous discussions AT has had with residents of Northhaven Retirement Village highlighted difficulties they face whilst exiting onto Whangaporaoa Road because of vehicles parked close to the entrance to the village. Documentation describing the installation of 43m of NSAAT restrictions at this location was forwarded to members on 11 December 2017. In addition to improving visibility for vehicles exiting the Northaven Village driveway and their turning movements, the restrictions were also necessary to bring the existing bus stop up to required standards and help buses exit the bus stop and merge with traffic. No objections to the proposal were received.
65. Documentation describing a proposal to install a variable message sign on East Coast Road, in the vicinity of Amante Crescent, Mairangi Bay, was forwarded to East Coast Bays subdivision members on 19 January. The sign will help to improve event and incident management capabilities across Auckland's road network in addition to providing real-time travel updates and a better experience for road users. No objections were received from members.
66. A proposal to remove the slip lane and signalise the West Hoe Road/Hibiscus Coast Highway intersection in Orewa, to improve safety at the intersection, reduce crossing distance for pedestrians and improve left turn tracking from Hibiscus Coast Highway into West Hoe Road, was forwarded to Hibiscus Coast subdivision members on 2 February 2018 with a request for responses no later than 16 February 2018.
Traffic Control Committee Results
67. Decisions made by AT’s Traffic Control Committee in relation to regulatory processes relevant to the Hibiscus and Bays Local Board during December 2017 and January 2018 are listed below:
Decision |
Report Type |
Nature of Restriction |
Decision |
Whangaparaoa Road, Tawhana Crescent, Panorama Court, John Dee Crescent, Te Awa Place, Red Beach |
Permanent Traffic and Parking changes |
No Stopping At All Times, Bus Stop, Must Travel, Lane Arrow Markings, Variable Lane, Stop Control, Give-Way, Traffic Island, Revoked, Traffic Island, Flush Median, Flush Median, Revoked, Shoulder Marking, No Passing |
Carried |
Whangaparaoa Road, Red Beach |
Speed Limit Changes Report |
50 km/h Permanent Speed |
Carried |
Glen Road, Bute Road, Clyde Road, Anzac Road, Browns Bay |
Temporary Traffic and Parking changes (Browns Bay Santa Parade) |
Temporary Traffic and Parking restrictions |
Carried |
Beach Road, Deep Creek Road, Ellangowan Road, Weatherly Road, Torbay |
Temporary Traffic and Parking changes (Sir Peter Blake Memorial Regatta) |
Temporary Traffic and Parking restrictions |
Carried |
Silverdale Park and Ride, Silverdale |
Permanent Traffic and Parking changes |
Angle Parking, Mobility Parking, No Stopping At All Times, Bicycles Only Parking |
Carried |
Issues Raised by Elected Members
68. A table listing issues raised by elected members and local board services staff to 6 February 2017 is appended to this report as Attachment C.
Tauākī whakaaweawe Māori / Māori impact statement
69. No specific issues with regard to impacts on Māori are triggered by this report and any engagement with Māori will be carried out on an individual project basis.
Ngā ritenga ā-pūtea / Financial implications
70. All proposed schemes are subject to prioritisation, funding and consultation.
Ngā raru tūpono / Risks
71. All proposed schemes are subject to risk analysis and no specific issues have been triggered by this report.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
|
Auckland Transport Activities October-December 2017 |
29 |
b⇩
|
School Community Transport Report |
43 |
c⇩
|
Issues List |
45 |
Ngā kaihaina / Signatories
Authors |
Ellen Barrett – Elected Member Relationship Managre, Auckland Transport |
Authorisers |
Jonathan Anyon – Elected Member Relationship Team Manager |
21 February 2018 |
|
Contestable grants for building capacity and youth leadership in Hibiscus and Bays
File No.: CP2018/00787
Te take mō te pūrongo / Purpose of the report
1. To approve a contestable grants process to support building capacity and youth leadership in the Hibiscus and Bays Local Board area.
Whakarāpopototanga matua / Executive summary
2. On 1 June 2017, the Hibiscus and Bays Local Board approved the Arts, Community and Events work programme 2017/2018 which included the work programme activity: build capacity, youth leadership (HB/2017/86).
3. The local board allocated $10,000 from its locally driven initiatives budget in 2017/2018, along with an additional $19,623 carried forward from 2016/2017, making the current total $29,623 for this activity.
4. This budget has been allocated to fund one community-led youth voice and leadership programme in each local board subdivision. Staff recommend a transparent contestable funding round for the allocation of funds. Youth funding criteria has been developed based on the local board work programme objectives.
5. A contestable funding round may present the risk of budget not being spent if there is a low application rate and the criteria is not met by any of the submissions. Staff will provide advice to applicants and guide them through the process.
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) approve a contestable grants process for the allocation of $29,623 to support building capacity and youth leadership in the area.
|
Horopaki / Context
6. The Arts, Community and Events (ACE) work programme 2017/2018 was approved in June 2017 and included the activity to build capacity and youth leadership.
7. The local board allocated $10,000 from its locally driven initiatives (LDI) budget and added an additional $19,623, carried forward from 2016/2017. This provides a total of $29,623 allocated to fund a community-led youth leadership programme in each local board subdivision: East Coast Bays and Hibiscus Coast.
8. Staff have received youth leadership programme proposals from two local providers, one from each subdivision. There are aspects of these proposals which satisfy the criteria however more work is required to meet the objectives of the local board’s ACE work programme. Further guidance will be provided to these groups as part of the contestable grant application process.
Tātaritanga me ngā tohutohu / Analysis and advice
9. Staff developed criteria based on the following objectives outlined in the work programme:
1) develop and support young people to ensure youth voices are heard and enable them to input into council and local board decision-making processes on issues that affect young people
2) utilise community relationships to understand and integrate Māori aspirations into the programme of local youth-led activities.
10. On 30 November 2017, staff presented three options at a local board workshop which have been refined following local board feedback (table 1).
Table 1 – Options to support building capacity and youth leadership
Options |
Alignment: objective 1 |
Alignment: objective 2 |
Risks |
Option 1: |
No
|
No |
· the proposals submitted do not meet the criteria based on the local board objectives and the work programme · this process is not equitable or transparent · no opportunity for new groups to be identified and apply for funding · the impact of funding only known youth providers could mean that the local board objectives are only partially met, unless further work was done with them |
Option 2 (preferred
option): |
Yes |
Yes |
· applications submitted may not meet criteria outlined
|
Option 3: |
No |
No |
· there is a reputational risk to not invest in youth in 2017/2018 as budget allocated was not used in 2016/2017. |
11. Option 1 is not seen as a transparent and equitable process and would not provide the opportunity for all local groups to submit applications. Proposals received to date from two identified youth providers do not meet the criteria required to deliver successfully on the local board’s work programme for youth leadership.
12. Option 3 does not support achieving local board objectives to build capacity and youth leaderships therefore staff do not support this option.
13. Option 2, the preferred option, is the most transparent and equitable way of distributing the funds and will be an empowering experience for the community and providers. Criteria is based on the local board plan and work programme objectives and will need to be met before funding is allocated. This process will allow already identified and new youth providers to apply for funding.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
14. The local board is committed to supporting youth projects in both subdivisions, East Coast Bays and Hibiscus Coast, and is keen to increase youth voice and participation in their planning, as well as growing future leaders. A key initiative for the local board is to “encourage our youth to work with us; to have a voice and opportunities to learn, develop and become leaders”.
Tauākī whakaaweawe Māori / Māori impact statement
15. The local board work programme sets out that a community-led youth leadership programme should utilise community relationships to understand and integrate Māori aspirations into the programme of local youth-led activities.
16. The funding criteria stipulates that Māori aspirations need to be included in all applications.
17. Staff have actively engaged with local marae and will look to promote the contestable funding round to Māori organisations and entities.
Ngā ritenga ā-pūtea / Financial implications
18. The local board has allocated $29,623 for this activity, $10,000 from 2017/2018 and $19,623 carried forward from 2016/2017. The preferred option will seek to utilise all of this funding.
Ngā raru tūpono / Risks
19. A contestable funding round can lead to budget not being spent if there is a low application rate and the criteria not met by any of the submissions. Staff will work to reduce this risk through guidance and advice to applicants.
Ngā koringa ā-muri / Next steps
20. On receiving the local board decision, staff will commence with the contestable grant process.
21. The grant will be advertised by April 2018 and the application process to be completed before the end of the financial year. Staff will report back to the local board by September 2018.
Ngā tāpirihanga / Attachments
There are no attachments for this report.
Ngā kaihaina / Signatories
Authors |
Kiri McCutcheon – Specialist Advisor, Community Empowerment Devon Murphy-Davids – Advisor, Community Empowerment |
Authorisers |
Graham Bodman - General Manager Arts, Community and Events Lesley Jenkins - Relationship Manager |
Hibiscus and Bays Local Board 21 February 2018 |
|
New Road Name Approval: Fletcher Residential Limited subdivision at the former Peninsula Golf Course, Red Beach
File No.: CP2018/00868
Te take mō te pūrongo / Purpose of the report
1. To seek approval for new road names in the Fletcher Residential Limited subdivision at the former Peninsula Golf Course, Red Beach.
Horopaki / Context
2. The applicant is Fletcher Residential Limited and the subdivision is at the former Peninsula Golf Course, Red Beach. Council resource consent references are R62905 and R65559.
3. Names have already been approved for stage one and names are now required for stages two to four of the development, being the balance of the land being subdivided.
4. Taikura Avenue is an existing road that is to be extended as part of the development. Symes Avenue was created and previously approved on an earlier stage of the development, and is now extended into the new subject stages. Confirmation is sought for these existing names to be retained.
Tātaritanga me ngā tohutohu / Analysis and advice
5. The proposed names follow three themes:
· Māori names for fish and shellfish that are caught locally:
Kaparu is the Māori name for John Dory caught locally
Kuku is the Māori name for Blue Mussel
Koura is the Māori name for Crayfish
Tawatawa is the Māori name for Mackerel
Tiromoana is Māori for view of the sea
Nga Wai is Māori for all waters
· European name with a seaside theme:
Surf View Crescent
· Commemorating Founding and Life Time members of the Peninsula Golf Club:
Owen Chapman Carnival was started in 1957, and is now the longest running surf club day in Australasia. The purpose was to foster surf lifesaving competition amongst the four Auckland east coast clubs. The carnival is now the third largest surf event in New Zealand
Graeme Fairgrey was a life member and former president of the Peninsula Golf Club.
6. Ngati Manuhiri has been consulted and has agreed with all the proposed names and made a request to modify the proposed ‘Te Wai’ to ‘Nga Wai’, which has been done.
7. The Land Information New Zealand (LINZ) database has confirmed the names are acceptable and no duplicates exist.
8. The proposed new names are deemed to meet the council’s road naming guidelines.
9. The roads types are all appropriate; Avenue, Drive (golfing reference), Crescent and Lane.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
10. 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 local boards. A decision is sought from the Hibiscus and Bays Local Board in this report.
11. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate impact on the community.
Tauākī whakaaweawe Māori / Māori impact statement
12. The applicant has corresponded with local iwi who have agreed with all of the proposed names. Ngati Manuhiri agreed with all the proposed names and also made a request to modify the proposed ‘Te Wai’ to ‘Nga Wai’, which has been done.
13. The decision sought from the Hibiscus and Bays Local Board on this report is linked to the Auckland Plan Outcome, “A Māori identity that is Auckland’s point of difference in the world”. The use of Māori names for roads, buildings and other public places is an opportunity to publicly demonstrate Māori identity.
Ngā ritenga ā-pūtea / Financial implications
14. The cost of processing the approval of the proposed new road names is recoverable from the applicant in accordance with Auckland Council’s administrative charges.
15. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.
Ngā raru tūpono / Risks
16. There are no significant risks to council as road naming is a routine part of the subdivision development process, with consultation being a key part of the application, in line with the Auckland Council Road Naming Guidelines.
Ngā koringa ā-muri / Next steps
17. Approved road names are notified to LINZ who record them on their New Zealand wide land information database, which includes street addresses issued by councils nationwide. On completion of the subdivision, through meeting all the resource consent conditions, the roads can be legalised and new property titles issued.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
|
1. Locality Map |
59 |
b⇩
|
2. Scheme Plan A |
61 |
c⇩
|
3. Scheme Plan B |
63 |
Ngā kaihaina / Signatories
Authors |
Frank Lovering – Senior Subdivision Advisor |
Authorisers |
Ian Smallburn - General Manager Resource Consents Lesley Jenkins - Relationship Manager |
21 February 2018 |
|
Revising the local board Standing Orders
File No.: CP2017/26993
Te take mō te pūrongo / Purpose of the report
1. To consider and adopt revised Standing Orders for local board meetings.
Whakarāpopototanga matua / 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 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 local board’s Standing Orders requires a majority vote of not less than 75 per cent of members present.
Horopaki / Context
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. Local Board Standing Orders were modelled on the Governing Body Standing Orders.
13. 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).
14. 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.
15. 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. 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.
16. 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.
17. 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. 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.
18. 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.
19. 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
20. 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 |
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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.
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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 |
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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 |
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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
21. 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.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe / Local impacts and local board views
22. This report provides information and a revised set of Standing Orders for local board consideration and adoption.
Tauākī whakaaweawe Māori / Māori impact statement
23. 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.
24. 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.
25. 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.[1] 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.
Ngā koringa ā-muri / Next steps
26. Changes to Standing Orders requires a majority vote of not less than 75% of members present (s27(3) Schedule 7, Local Government Act 2002).
27. If approved, the revised Standing Orders will come in to effect immediately.
28. Copies of the revised Standing Orders will be provided to all local board members, where local boards choose to adopt changes.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
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Revised Local Board Standing Orders |
73 |
b⇩
|
Governing Body Political Working Party's finding |
133 |
Ngā kaihaina / Signatories
Authors |
Blair Doherty - Kaipatiki Local Board Democracy Advisor |
Authorisers |
Carol McKenzie-Rex – General Manager, Local Board Services Lesley Jenkins - Relationship Manager |
21 February 2018 |
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Urgent Decision: Landowner consent and new community lease to Red Beach Surf Life-Saving Club Incorporated at Red Beach Waterfront Reserve
File No.: CP2018/00097
Te take mō te pūrongo / Purpose of the report
1. To acknowledge the urgent decision that was made on 21 December 2017:
to grant landowner approval and a new community lease to Red Beach Surf Life-Saving Club Incorporated for the final stage of its clubhouse redevelopment at Red Beach Waterfront Reserve, 10 Ngapara Street, Red Beach and
to grant a new community lease to Red Beach Surf Life-Saving Club Incorporated for 870m2 (more or less) of land at the Red Beach Waterfront Reserve, 10 Ngapara Street, Red Beach.
Whakarāpopototanga matua / Executive summary
2. A request was received from council’s Principal Lease Advisor to consider a report under urgency for the following reasons:
a) Red Beach Surf-lifesaving Club Incorporated (the surf club) will be the first to receive new funding for their clubhouse redevelopment of $400,000 from Surf 10:20, a collaboration between Auckland Council and Surf Lifesaving Northern Region. In addition, the surf club will receive $200,000 from Foundation North Trust following completion of all appropriate paperwork.
b) Landowner consent and a new community lease was required in order for the documentation to be completed so that agreements can be signed by all parties. Only then can the surf club begin to draw down funds.
c) The surf club were at the beginning of what was expected to be a very busy patrolling season due to early high temperatures and they were expecting high numbers on the beach. The surf club was in need of funds to make their building safe and operational but most importantly to make sure they could effectively and safely perform lifesaving duties along with any search and rescue callouts they may have to attend.
d) At the time the surf club were at risk of failing these duties with the current state of the clubrooms; unable to open roller doors, side walls of building rotting away and windows falling out, ablution blocks in need of repair and replacement.
e) The surf club had to engage the contracted builder to start work in order to make the site operational. The council approved builder was accruing the costs until the surf club received the anticipated funding. There was concern that if the process was delayed for months then the surf club may be unable to pay the builder; requiring the surf club to get bank loans in place which could cause the surf club financial hardship.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
|
Copy signed urgent decision |
145 |
b⇩
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Copy urgent memorandum |
149 |
c⇩
|
Copy report |
151 |
Ngā kaihaina / Signatories
Authors |
Vivienne Sullivan - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Hibiscus and Bays Local Board 21 February 2018 |
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Temporary encumbrances for residential properties at 8, 10 and 10A Penzance Road, Mairangi Bay
File No.: CP2017/26951
Te take mō te pūrongo / Purpose of the report
1. To establish temporary encumbrances on the titles of properties at 8, 10 and 10A Penzance Rd Mairangi Bay to extinguish existing access encroachments over a public reserve at R3 Newhaven Terrace.
Whakarāpopototanga matua / Executive summary
2. R3 Newhaven Terrace is a public accessway reserve. It is being used by residents of 8, 10 and 10A Penzance Road for vehicular access and parking without authority. This is an encroachment and requires redress.
3. Temporary encumbrances are considered the best means to extinguish the encroachment. The Hibiscus and Bays Local Board has indicated its support in applying encumbrances to the titles of the residential properties to encourage the owners to seek their own access to a legal road.
4. Generous encumbrance terms have been proposed by council officers to the property owners, including a 10 year term for compliance.
5. The greatest risk to council is in not addressing the issue, which could put council in breach of the Reserves Act 1977, which it administers. Other options include doing nothing, granting easements, prosecution, or selling the land. Of these, the only option other than encumbrances is to revoke the land status and sell the land to the residents and the church.
Horopaki / Context
6. The reserve located between Penzance Road and Hastings Road (R3 Newhaven Terrace) is a public access reserve. The reserve is a classified Accessway Reserve gazetted in 1944 (NZGZ 1944/184 and described as Lot 242 DP 13311). Its purpose is to allow public foot access between the two roads.
7. The reserve has been used as a private driveway for vehicular access and parking for a number of years by three private residential sites. The residential properties should have formed their own independent access to Penzance Road. Each site has feasible access, but it has not yet been formed. There is no legal right for this use of the reserve and it is an ongoing encroachment.
8. There is no provision for council to allow un-authorised private benefit and access of a reserve. Similarly, the Reserves Act 1977 (the Act) does not allow reserves to be used for private residential benefit. The Act purposefully requires all use and access of reserves to be for public and community benefit. The required solution is for the residents to stop using the reserve.
9. In 2015, the Hibiscus and Bays Facilities and Reserves Committee supported an encumbrance as a means to encourage the residents to secure independent access to a legal road (resolution HIB/2015/3). Staff and local board members have worked with the residents to develop encumbrance conditions that will be effective in extinguishing the encroachments.
10. At a workshop on 8 November 2017 the final encumbrance structure, proposed conditions and rationale were explained and discussed with the local board.
11. Consistent with the 2015 Hibiscus and Bays Facilities and Reserves Committee decision, a 10 year temporary encumbrance is considered the best method to allow the owners sufficient time to establish independent legal access to Penzance Road.
Proposed Encumbrance
12. Encumbrances encourage or discourage certain actions. An effective encumbrance in this case will contain conditions to encourage the residents to cease private use of the reserve and establish their own access to Penzance Road.
13. During the term of the encumbrance a modest annual levy of $260.00 is proposed to be applied to residents for the administration of the encumbrance until the owners secure their own access.
14. The Mairangi Bay Presbytarian Church (the church) also uses the accessway without authorisation. It is being separately dealt with by a proposed encumbrance which will remove parking that inhibits pedestrian access, re-establish safer pedestrian access and contribute to reserve maintenance.
15. The church provides some valuable social and community services to the area that would ordinariliy be provided and funded by council. It has a community delivery focus consistent with the Act. The principal distinction between the church and the private users is that the private users provide no service to the community or the reserve.
16. Given the different situations between the private residents and the church, it is reasonable to levy the resident’s continued private use of the reserve temporarily, and it is reasonable not to levy the church as long as it provides community outcomes.
Proposed encumbrance conditions
17. The encumbrances are proposed to be registered on each title for 10 years.
18. Recommended conditions of the encumbrance are:
a) Termination of the encumbrance upon sale or redevelopment of any of the properties within the 10 year period (requiring the owner to establish independent access at sale or redevelopment).
b) Termination of the encumbrance if Auckland Transport removes any of the car parking spaces on Penzance Road in front of the three properties (allowing space for vehicle crossings to the properties).
c) Termination of the encumbrance when the owner secures permanent independent legal access to Penzance Road within the 10 year encumbrance period.
d) Termination of the encumbrance after 10 years if independent legal access to Penzance Road has not been established by the title owners (putting the owners in a default position and being required to estabish access).
e) Owners of 8, 10, and 10A Penzance Road each contribute 15 per cent (45 per cent in total) of any maintenance and repair costs of the sealed access over the reserve until they establish their own legal access to Penzance Road.
f) Owners of 8, 10, and 10A Penzance Road each pay an annual fee for encumbrance admininistration and the use of the reserve for their access. The recommended fee is $260 per annum per property.
g) Refund of the annual fee when the owner secures permanent legal access after the fee has been been paid for that year (so that owners are not unfairly levied).
h) Termination of the encumbrance if Auckland Council reinstates the reserve to pedestrian access only, revokes or sells the land (allowing the residents to secure their own independent legal access to Penzance Road either on their property or by purchasing any parts of the reserve that may be offered for sale).
i) The owners of 8, 10, and 10A Penzance Road each pay a contribution towards council’s costs of establishing the encumbrances.
Risks
19. There is a risk in not addressing the unconsented use of the reserve by vehicles. Reducing vehicle movements on the reserve will reduce that risk.
20. An encumbrance with an ‘end date’ ensures the required action occurs within a finite period and does not continue. A 10 year period is generous. No end date would, in effect, be a right of way forever, which is a disposal of an interest in the land and is a decision for the Governing Body.
21. No end date provides no incentive for the owners to act. Council could be seen to be failing to meet its obligations under the Act, which legally and operationally is not an option. An end date gives both parties finite certainty and clarity about purpose and expectations. There is a risk that an owner may do nothing within the 10 year period. Council would have to then use more severe compliance tools.
22. The residents will be using the reserve for private benefit until they establish independent access. It costs council to administer an encumbrance. It is appropriate to apply a modest annual fee for their private use of council land. A fee of $260 is a token but sufficient amount to provide incentive for the owners to secure their own access within 10 years. The levy is an amount that covers the cost of administration of the encumbrance.
23. Applying no fee for the encumbrance would send a mixed message that council is willing to allow reserve land to be used for private gain, contrary to the Act. This would set a precedent that could put council at risk should similar or more serious encroachment situations arise. Applying no fee signals that the land can be used for private benefit, for free and does not provide an incentive for the owner to secure their own access.
24. Council’s role as administrating body under the Act is to protect and manage reserves for public benefit. Local boards are, in part, the administering body. A first duty is to comply with the Act and to act on behalf of the reserve. The council has a duty to resolve the matter and the encumbrance tool is less severe than other options.
Other Options
25. Prosecution: Because the residents are using the reserve without authorisation, council could prosecute the owners. This is a harsh tool, would cost many thousands of dollars, and would not immediately resolve the situation. It is punitive and not a constructive option. It is not recommended.
26. Easements: The council could grant easements over the land or create a right of way. This option has already been considered and dismissed because it does not stop the vehicular use or lessen the risk to pedestrians. It also disposes of an interest in the land which reduces council’s options over its own land.
27. Do Nothing: The status quo is not an option as it carries organisational risk, would mean council is not managing the Act responsibly and does not deal with the issue of residents driving their vehicles onto and over the reserve.
28. Revoke the reserve classification and sell the land: This is an option if, after an assessment, the land was found not to be functioning well for its purpose, and there was an opportunity to better utlise the land. It carries a cost for the residents and council and can be a lengthy process requiring a Governing Body resolution to revoke the land’s status, a process of revocation including public notice and a potential hearing, and administrative and legal adjustments before the land can be sold:
a) The adjoining residents and the church would be invited to purchase the land. The land could be purchased in joint or divided shares as a right of way and become access to a legal road.
b) A non-negotiable requirement of council in the sale would be an easement to council for guaranteed separate and safe pedestrian access between Hastings and Penzance Roads. This would ensure the original purpose and function of the land remains.
c) This option has merit if the council was willing to sell the land. It is a more complete solution.
29. The recommended option is that encumbrances be employed.
30. If the local board chooses not to accept the recommendation it could request an investigation into revocation and subsequent sale. It could also accept the encumbrance recommendation and undertake any investigation of other options seperately.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe / Local impacts and local board views
31. A decision to encumber a title can be made by the local board in fulfilment of its duties and obligations as an administering body under the Act.
32. The local board has previously resolved to support encumbrances as a means to resolve the issue (resolution HIB/2015/3). This report meets that resolution.
33. At a workshop on 8 November 2017 the Hibiscus and Bays Local Board were presented with information on the reasons for, structure of and suggested conditions for the encumbrances as well as other options.
34. The local board is an administering body under the Act charged with responsible management of reserves. It must comply with the Act and ensure others also comply.
Tauākī whakaaweawe Māori / Māori impact statement
35. The proposed actions are a matter of compliance between the board and residents, designed to redress historical encroachments.
36. The proposal does not trigger the council’s Significance and Engagement Policy or affect matters of customary rights or treaty settlements.
37. It is unlikely to affect current or future Māori participation or outcomes and no iwi engagement has taken place.
Ngā koringa ā-muri / Next steps
38. If encumbrances are approved by the local board, Land Advisory Services and legal staff will prepare the encumbrance documents with the residents so that they may be registered on their respective titles.
39. Staff will monitor progress annually, update the local board when residents secure legal access to Penzance Road and when encumbrances are lifted.
Ngā tāpirihanga / Attachments
There are no attachments for this report.
Ngā kaihaina / Signatories
Authors |
Allan Christensen - Senior Land Use Advisor |
Authorisers |
Rod Sheridan - General Manager Community Facilities Lesley Jenkins - Relationship Manager |
Hibiscus and Bays Local Board 21 February 2018 |
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Auckland Council's Quarterly Performance Report: Hibiscus and Bays Local Board for Quarter two, 1 October - 31 December 2017
File No.: CP2018/01088
Te take mō te pūrongo / Purpose of the report
1. To provide an integrated quarterly performance report for quarter two, 1 October - 31 December 2017 against the 2017/2018 local board work programme.
Whakarāpopototanga matua / Executive summary
2. This report includes financial performance, progress against local board key performance indicators, progress against work programmes, key challenges the local board should be aware of and any risks to delivery against the 2017/2018 work programme.
3. Of significance this quarter, a site blessing was held on 19 December 2017 prior to works beginning on the offset mitigation project to enhance D’Oyly Reserve. On 20 December 2017 the new splash pad, a collaboration between Auckland Council and ANZ Bank, was officially opened at Stanmore Bay Pool and Leisure Centre.
4. Performance against the agreed 2017/2018 work programmes is tracking positively (Snapshot, Attachment A).
5. All operating departments with agreed work programmes have provided a quarterly update against their work programme delivery (Attachment B). The majority of activities are reported with a status of green (on track) or amber (some risk or issues, which are being managed). The following activities are reported with a status of red (behind delivery, significant risk):
· ID 2045 East Coast Bays Rugby League Rooms – remove asbestos from bar ceiling
· ID 2052 Orewa Library - renew library's furniture, fittings and equipment
· ID 2060 Emlyn Place Reserve – renew park retaining wall
· ID 2061 Freyberg Park - renew parks toilet
· ID 2062 Freyberg Park - renew retaining wall
· ID 2065 Hibiscus and Bays – Implement actions from Greenways plan
· ID 2075 Hibiscus and Bays – Actions from centre plans
· ID 2081 Little Manly Beach Reserve - renew seawall
· ID 2054 Browns Bay Beach Reserve - renew seawall
· ID 2103 Tindalls Beach coastal structure renewals
· ID 2943 Campbells Bay - renew coastal structures
· ID 1385 East Coast Bays Rugby League Club
· ID 1386 New Zealand Red Cross Inc
6. The overall financial performance for quarter two 2017/2018 is favourable compared to the budget. There are some points for the board to note:
· Hibiscus and Bays Local Board has invested $2.9m in capital expenditure and $6.0m in net operating expenditure for the year to date at 31 December 2017.
· Net cost of service is $582k favourable to budget for the year. The underspend in asset based services expenditure of $162k relates to projects in the Parks, Sports and Recreation activity.
· From the local boards’ Locally Driven Initiatives funding, the majority of projects are underway and on track to be completed during the year. In the first 6 months, the board allocated $170k from their community grants fund and has $370k remaining to allocate for the rest of the financial year.
· Revenue is favourable to budget for the year to date and is likely to be on or above target for the full financial year. This relates to various facilities across the local board area.
· Attachment C contains further detailed financial information
7. The key performance indicators show a trend that 79 percent will meet target by year end. The exceptions are explained in further detail in Attachment D.
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) receive the performance report for the financial quarter ending 31 December 2017.
|
Horopaki / Context
8. The Hibiscus and Bays Local Board approved 2017/2018 work programmes on 1 June 2017 for the following operating departments:
· Arts, Community and Events
· Parks, Sport and Recreation
· Libraries and Information
· Community Facilities: Build Maintain Renew
· Community Leases
· Infrastructure and Environmental Services
· Local Economic Development
9. The work programmes are aligned to the 2014 Hibiscus and Bays Local Board Plan.
Tātaritanga me ngā tohutohu / Analysis and advice
Key achievements for quarter two
10. The Hibiscus and Bays Local Board has a number of key achievements to report from the quarter two period, which include:
· The Weiti Festival, a partnership between the Kaipatiki Project, Te Herenga Waka o Orewa Marae and the Hibiscus and Bays Local Board was held on 4 November. Activities included a powhiri to welcome the public onto the marae, kapahaka performances, flax weaving, hula hoop workshops, face painting, giant bubble fun and various stalls with natural and sustainable goods vendors.
· The Hibiscus and Bays Art Awards were held at Mairangi Arts Centre on 9 November, attended by 200 people. An official welcome was provided by Te Herenga Waka o Orewa.
Key achievements for quarter two
11. The Hibiscus and Bays Local Board has a number of key achievements to report from the quarter two period, which include:
· The Weiti Festival, a partnership between the Kaipatiki Project, Te Herenga Waka o Orewa Marae and the Hibiscus and Bays Local Board was held on 4 November. Activities included a powhiri to welcome the public onto the marae, kapahaka performances, flax weaving, hula hoop workshops, face painting, giant bubble fun and various stalls with natural and sustainable goods vendors.
· The Hibiscus and Bays Art Awards were held at Mairangi Arts Centre on 9 November, attended by 200 people. An official welcome was provided by Te Herenga Waka o Orewa.
Key project updates from the 2017/2018 work programme
12. The following are progress updates against key projects identified in the Hibiscus and Bays Local Board Plan and/or Local Board Agreement:
· The local board completed Quick Response Round Two and Local Grant Round One, allocating $148,905 in grants to community groups.
· A funding agreement with Future Whangaparaoa was completed. A newly formatted work programme was developed and agreed with the Future Whangaparaoa trustees that aligns actions from the local board outcomes with Future Whangaparaoa outcomes. The three focus areas are: community capacity building; business employment and training support; town centre revitalisation (placemaking).The specialist advisor provided an update to the local board, illustrating how Future Whangaparaoa is an exemplar of the Community Empowerment Approach in action. This group embodies community-led models of collaboration and finding local solutions to identified local needs.
· Five youth scholarships were awarded to students at high schools in the local board area.
· Three grants totalling $20,000 have been paid out from the local board’s Event Partnership Fund.
Key performance indicators
12. Local board agreements include level of service statements and associated performance measures to guide and monitor the delivery of local services. This report provides information on the performance measure year-end outlook for Hibiscus and Bays Local Board’s measures, showing how it is tracking after the second quarter of FY18.
13. The year-end outlook is that 21 per cent of measures will not achieve target.
14. Currently all performance measures are being reviewed as part of the development of the 2018-2028 Long Term Plan.
15. For the first and second quarter the year-end outlook will be provided based on the results of 2016/17 or for any changes to the outlook based on results available. In the third quarter we will be in a better position to accurately project the year-end outlook for all measures. This is because the frequency of most measures is annual as data is collected through surveys. Attachment D contains further detailed KPI information.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
16. This report informs the Hibiscus and Bays Local Board of the performance for the quarter ending 31 December 2017.
Tauākī whakaaweawe Māori / Māori impact statement
17. There are two specific activities within the 2017/2018 work programme with a direct Māori focus;
· ID 613 Build Capacity/youth leadership - utilise community relationships to understand and integrate Māori aspirations into the programme of local youth-led activities.
· ID 2661 Creating a Māori Identity - Identify opportunities for Māori naming (new names or dual naming) of parks and facilities and engage with Mana Whenua to consider new Māori place and recreation facility names in accordance with the Auckland Council Māori Language Policy 2016.
Financial performance
18. The overall financial performance for quarter two 2017/2018 is favourable compared to the budget. There are some points for the board to note:
· Hibiscus and Bays Local Board has invested $2.9m in capital expenditure and $6.0m in net operating expenditure for the year to date at 31 December 2017.
· Net cost of service is $582k favourable to budget for the year. The underspend in asset based services expenditure of $162k relates to projects in the Parks, Sports and Recreation activity.
· From the local boards’ Locally Driven Initiatives (LDI) funding, the majority of projects are underway and on track to be completed during the year. In the first 6 months, the board allocated $170k from their community grants fund and has $370k remaining to allocate for the rest of the financial year.
· Revenue is favourable to budget for the year to date and is likely to be on or above target for the full financial year. This relates to various facilities across the local board area.
19. Attachment C contains further detailed financial information.
Ngā ritenga ā-pūtea / Financial implications
20. This report is for information only therefore has no financial implications.
Ngā raru tūpono / Risks
21. The following risks have been identified by operating departments where the progress and performance indicator has been reported as red – significantly behind budget/time or achievement of outcomes:
· ID 2045 East Coast Bays Rugby League Rooms – remove asbestos from bar ceiling
Project has been cancelled due to new project demolishing asset. Current status: the project has been cancelled as the asset has been found to not be suitable for tenants. Next steps: council staff to write a formal memo to the local board advising current status of building.
· ID 2052 Orewa Library - renew library's furniture, fittings and equipment
Current status: this project has been cancelled. The furniture and equipment renewals will be aligned and delivered with the comprehensive renewal financial year 2020.
· ID 2060 Emlyn Place Reserve – renew park retaining wall
This project has been merged with Hibiscus and Bays renew walkways and paths 2017-18 as the retaining wall is actually a small 200mm high piece of timber that is part of the track path way. Please refer to SharePoint ID 2073 for an update.
· ID 2061 Freyberg Park - renew parks toilet
Project is cancelled due to new project that will demolish the toilets.
· ID 2062 Freyberg Park - renew retaining wall
Project is cancelled due to asset being demolished
· ID 2065 Hibiscus and Bays – Implement actions from Greenways plan
This is an error and a correction has been requested however the status has not been updated to reflect the new comments.
· ID 2075 Hibiscus and Bays – Actions from centre plans
This is an error and a correction has been requested however the status has not been updated to reflect the new comments.
· ID 2081 Little Manly Beach Reserve - renew seawall
Project record cancelled. Please refer to SharePoint ID 2080 for an update. Merged with Hibiscus Coast – renew seawalls
· ID 2054 Browns Bay Beach Reserve - renew seawall
This project is cancelled as it has been classed as an operational project.
· ID 2103 Tindalls Beach coastal structure renewals
This project record is cancelled and merged with Hibiscus Coast - renew seawalls. Please refer to SharePoint ID 2080 for an update/commentary.
· ID 2943 Campbells Bay - renew coastal structures
This project record is cancelled and merged with Campbells Bay - renew coastal structures.
· ID 1385 East Coast Bays Rugby League Club
An air quality assessment completed in October 2017 indicated the presence of fungi including toxic fungus (stachybotyrs) and high levels of allergenic spores in parts of the building. Staff workshopped the matter with the local board at its workshop on 8 November 2017. Staff have also communicated with the club with respect to the possible closure of the building and termination of the lease.
· ID 1386 New Zealand Red Cross Inc
The expression of interest process has been cancelled as the new lease is no longer required.
Ngā koringa ā-muri / Next steps
22. The local board will receive the next performance update following the end of quarter three, March 2018.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
|
Snapshot |
187 |
b⇩
|
Work Programme Update |
189 |
c⇩
|
Performance Report |
225 |
d⇩
|
Key Performance Indicators |
233 |
Ngā kaihaina / Signatories
Authors |
Michelle Sanderson – Senior Local Board Advisor |
Authorisers |
Louise Mason – General Manager Local Board Services Lesley Jenkins - Relationship Manager |
21 February 2018 |
|
File No.: CP2017/26974
Te take mō te pūrongo / Purpose of the report
1. The Hibiscus and Bays Local Board allocates a period of time for the Ward Councillors, Councillor Wayne Walker and Councillor John Watson, to update them on the activities of the Governing Body.
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) thank Councillors Walker and Watson for their update.
|
Ngā tāpirihanga / Attachments
There are no attachments for this report.
Ngā kaihaina / Signatories
Authors |
Vivienne Sullivan - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
Hibiscus and Bays Local Board 21 February 2018 |
|
Governance Forward Work Calendar
File No.: CP2017/26973
Te take mō te pūrongo / Purpose of the report
1. To present the local board with a governance forward work calendar.
Whakarāpopototanga matua / Executive summary
2. This report contains the governance forward work calendar: a schedule of items that will come before the local board at business meetings and workshops over the next 12 months.
3. The calendar aims to support local boards’ governance role by:
· ensuring advice on agendas and workshop material is driven by local board priorities
· clarifying what advice is required
· clarifying the rationale for reports.
4. The calendar will be updated every month. Each update will be reported back to business meetings. It is recognised that at times items will arise that are not programmed. Local board members are welcome to discuss changes to the calendar.
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) Receive the Governance Forward Work Calendar.
|
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
|
Governance Forward Work Calendar |
239 |
Ngā kaihaina / Signatories
Authors |
Vivienne Sullivan - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |
21 February 2018 |
|
File No.: CP2017/26970
Whakarāpopototanga matua / Executive summary
1. The Hibiscus and Bays Local Board held workshop meetings on 23 and 30 November 2017, 7 December 2017 and 1 February 2018.
Ngā tūtohunga / Recommendation/s That the Hibiscus and Bays Local Board: a) endorse the records of the workshop meetings of 23 and 30 November 2017, 7 December 2017 and 1 February 2018.
|
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩
|
Workshop record 23 November 2017 |
247 |
b⇩
|
Workshop record 30 November 2017 |
251 |
c⇩
|
Workshop record 7 December 2017 |
253 |
d⇩
|
Workshop record 1 February 2018 |
255 |
Ngā kaihaina / Signatories
Authors |
Vivienne Sullivan - Local Board Democracy Advisor |
Authorisers |
Lesley Jenkins - Relationship Manager |