Agenda of Rodney Local Board

Board Member

Organisation

Position

Brent Bailey

Royal NZ Yacht Squadron

Kaipara College Board of Trustees

Gumboots Early Learning Centre

Member

Parent Representative

Director

Tessa Berger

Mahurangi Action Incorporated
Mahurangi Coastal Trail Trust

The Merchandise Collective

Friends of Regional Parks

Matakana Coast Trail Trust

President

Chairperson

Founder/Director

Committee Member

Member Forum representative

Cameron Brewer

Riverhead Residents & Ratepayers Association

Cameron Brewer Communications Limited

Spire Investments Limited

Member

Director

Shareholder

Beth Houlbrooke

Baddeleys Beach and Campbells Beach Residents and Ratepayers Assn.

Kawau Island Boat Club

Member

Louise Johnston

Blackbridge Environmental Protection Society

Treasurer

Phelan Pirrie

Muriwai Volunteer Fire Brigade

Best Berries (NZ) Ltd

Officer in Charge

Director/Shareholder

Allison Roe

Waitemata District Health Board

Matakana Coast Trail Trust

New Zealander of the Year Awards

Elected Member

Chairperson

Chief Category Judge/Community

Colin Smith

Brenda Steele

Te Uri o Hau Incorporation

Beacon Pathway

Whiti Ora o Kaipara, Whanau Ora review panel

Tomorrow’s Schools Advisory Board

Secretary/Beneficiary

Board member

Chairperson

Member

Rodney Local Board

21 June 2018

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

8.1 Easement at Kanuka Road, Sandspit 5

8.2 Omaha Beach Polo proposal 6

8.3 Mahurangi Sport and Recreation Collective 6

8.4 Mahurangi East Tennis Club - lease 6

9 Public Forum 6

10 Extraordinary Business 7

11 Notices of Motion 7

12 New community lease to Mahurangi East Tennis Club Incorporated at Goodall Reserve, Snells Beach 9

13 Land owner approval application from Greg Doherty at Kanuka Reserve, corner of Sandspit Road and Kanuka Road, Warkworth 19

14 Request for an alcohol ban at Baddeleys and Campbells Beach, Millon Bay, North Rodney 31

15 Warkworth Town Hall Memorandum of Understanding and outstanding debt 59

16 Revitalisation of Town Centres opex budget allocation 77

17 Rodney Local Board Community Services Work Programmes 2018/2019 113

18 Freedom Camping Bylaw Development 129

19 Appointment of local board member representative to the North West Country Incorporated Business Improvement District 175

20 Ward Councillor Update 179

21 Rodney Local Board Chairperson's Report 181

22 Deputation/Public Forum Update 185

23 Governance Forward Work Calendar 189

24 Rodney Local Board Workshop Records 197

25 Consideration of Extraordinary Items

1 Welcome

2 Apologies

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

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Rodney Local Board:

a) confirm the ordinary minutes of its meetings, held on Thursday, 17 May, 24 May and 7 June 2018, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 7.7 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 Rodney 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.

8.1 Easement at Kanuka Road, Sandspit

Te take mō te pūrongo / Purpose of the report

1. Greg Doherty of Kanuka Road, Sandspit, will be in attendance to discuss a request for an easement/access over Kanuka Reserve which is council land at 1264 Sandspit Road, Sandspit.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) thank Mr Doherty for his presentation regarding a request for an easement/access over council land at 1264 Sandspit Road.

8.2 Omaha Beach Polo proposal

Te take mō te pūrongo / Purpose of the report

1. Amy Calway will be in attendance to outline a proposal for a beach polo event to be held at Omaha.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) thank Amy Calway for her outline of a proposal for a beach polo event to be held at Omaha.

Attachments

a Omaha Beach Polo proposal .............................................................. 205

8.3 Mahurangi Sport and Recreation Collective

Te take mō te pūrongo / Purpose of the report

1. Representatives from Mahurangi Sport and Recreation Collective will be in attendance to give an update on the proposed multisport facility project at the Warkworth Showgrounds.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) thank the representatives from the Mahurangi Sport and Recreation Collective for their presentation on the proposed multisport facility at the Warkworth Showgrounds.

8.4 Mahurangi East Tennis Club - lease

Te take mō te pūrongo / Purpose of the report

1. Representatives from Mahurangi East Tennis Club will be in attendance to discuss their proposal for a lease, which is the subject of a report on the local board agenda.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) thank the representatives from Mahurangi East Tennis Club for their presentation on a lease proposal.

9 Public Forum

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

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

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

11 Notices of Motion

There were no notices of motion.

Rodney Local Board

21 June 2018

New community lease to Mahurangi East Tennis Club Incorporated at Goodall Reserve, Snells Beach

File No.: CP2018/10028

Te take mō te pūrongo / Purpose of the report

1. To grant a new community lease to Mahurangi Tennis Club Incorporated for the area it occupies at Goodall Reserve, Snells Beach.

Whakarāpopototanga matua / Executive summary

2. The Mahurangi Tennis Club Incorporated has an existing lease entered into with the former Rodney District Council. The lease commenced 1 July 2008 for one term of 10 years and provides for one right of renewal for a term of 10 years, effecting a final expiry date of 30 June 2028.

3. Council staff discovered that the actual area occupied by the club is larger than the area recorded in the existing deed of lease. To rectify this inaccuracy, council staff recommended the club undertake the following:

· that it submit an application for a new community lease

· that it request a contemporaneous surrender of the existing deed of lease subject to local board approval to a new lease.

4. The club has significant assets to maintain (a clubhouse, seven synthetic tennis courts and associated lighting) and as such, it has an asset management plan which includes scheduled renewals of astro turf, lighting and the clubhouse roof. The club is planning to invest substantial funds into maintaining and renewing its improvements over the next 15 to 20 years and has formally requested a new lease, with tenure proportionate to its asset maintenance and renewals as follows:

· an early surrender of its current lease

· to enter into a new community lease for an initial term of 10 years plus two rights of renewal, of 10 years each

· the surrender of the existing lease and execution of the new lease to be concurrent.

5. The recommended term of a community lease in accordance with the Auckland Council Community Occupancy Guidelines 2012 for group-owned improvements is one term of ten years with one right of renewal for ten years. Whilst the standard terms and conditions contained in the guidelines inform council staff recommendations, local boards may, at their discretion, choose to vary from recommendations on a case-by-case basis as they deem appropriate.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) grant a new community lease to Mahurangi East Tennis Club Incorporated being 4,631m² (more or less) at Goodall Reserve, 296 Mahurangi East Road, Snells Beach (Attachment A to the agenda report) subject to the following terms and conditions:

i) term – 10 years commencing 1 July 2018 with one right of renewal for 10 years

ii) rent - $1.00 plus GST per annum if demanded

iii) the approved Mahurangi East Tennis Club Incorporated Community Outcomes Plan will be attached to the new lease document

iv) all other terms and conditions will be in accordance with the Auckland Council Community Occupancy Guidelines 2012 and the Goodall Reserve Management Plan adopted 16 November 2006 and subsequent amendment 24 July 2008.

b) approve the contemporaneous surrender of the existing lease agreement between the former Rodney District Council and Mahurangi East Tennis Club Incorporated dated 24 June 2008, effective on the execution of the new lease agreement.

c) approve the Mahurangi East Tennis Club Incorporated Community Outcomes Plan (Attachment B to the agenda report).

Horopaki / Context

6. This report considers the leasing issues with respect to the club’s occupation of a portion of Goodall Reserve, Snells Beach.

7. The Rodney Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu / Analysis and advice

Land, building and club’s other improvements

8. Goodall Reserve is located at Snells Beach and has site frontages to Hamatana Road and Mahurangi East Roads (Attachment C). Goodall Reserve comprises 12.2596 hectares and is made up of four separate parcels of land. The land comprising Goodall Reserve is held in fee simple by Auckland Council and is subject to the provisions of the Reserves Act 1977.

9. The club occupies part of Goodall Reserve being a portion of Part Lot 3 DP 114828 which is classified as recreation reserve. This classification legally supports the club’s primary activities undertaken on the land.

10. The club’s improvements comprise seven synthetic courts, four of which are floodlit and a two-storey clubhouse with full kitchen facilities and an outdoor viewing deck. All the club’s improvements are well maintained and managed.

The lease

11. The club has an existing lease entered into with the former Rodney District Council. The lease commenced 1 July 2008 for one term of 10 years and provides for one right of renewal for a term of 10 years, effecting a final expiry date of 30 June 2028.

12. Council staff researched information for the scheduled right of renewal provided for in the existing lease (effective 1 July 2018) and discovered that the actual area occupied by the club is larger than the area recorded in the existing deed of lease.

13. One of the principles of property law precludes the extension to a lease area by way of a variation to the lease document, thus a new community lease is required to rectify the inaccuracy. Prior to the execution of a new deed of lease, the club must surrender its existing deed of lease between the former Rodney District Council and Mahurangi East Tennis Club Incorporated dated 24 June 2008.

14. The club’s community lease is contemplated and in conformity with the Goodall Reserve Management Plan adopted by the former Rodney District Council on 16 November 2006 and subsequent amendment dated 24 July 2008.

The club

15. The Mahurangi Tennis Club Incorporated was incorporated under the Incorporated Societies Act 1908 on 8 May 1991. Stated within the club’s set of rules, its objects include:

· To foster and promote the sport in every way in which the club shall think proper.

16. The club caters for all ages and abilities and invites players to visit the courts during any club days to try out its facilities and share in the club’s hospitality. The club’s fee structure for junior and intermediate members includes annual coaching clinic fees.

17. The club’s current membership is 124 aged between 5 to 83 years. It is a very active club which boasts two strong committees who are committed to continue to maintain its improvements to a high level.

18. The club is planning to invest substantial funds into maintaining and renewing its improvements over the next 15 to 20 years and has formally requested a new lease, with tenure proportionate to its asset maintenance and renewals. Having a new long-term lease will provide the club with leverage to seek funding opportunities in addition to its ongoing financially sustainable practices. The club’s scheduled maintenance and renewals are detailed in the table below:

Proposed year of works	Proposed works	Cost (approximate)
2023 – 2024	Replace carpet in clubhouse	$10,000.00
2023 - 2025	Full upgrade of court lighting (new LED lighting which is more sustainable than existing)	$100,000.00 - $120,000.00
2026 - 2027	Replace astro-turf on bottom three courts (club spent $85,000.00 on the top courts 2013/2014)	$64,000.00
2026 - 2028	Replace roof on clubhouse	$45,000.00
2030 - 2032	Replace astro-turf on top courts	$85,000.00

19. On an annual basis, the club’s ‘art’ committee organises an art exhibition, held at the Mahurangi Community Centre. The club’s art committee invite local and regionally based artists to submit works for exhibition and sale. This social enterprise not only provides the club with revenue to help it maintain its improvements but also the local and regionally-based artisans who have an opportunity to exhibit and earn recognition. The club has successfully run its art exhibition for the past 23 years.

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

20. At its workshop of 8 February 2018, the Rodney Local Board Parks and Recreation Committee was presented with a memorandum on the proposal (in accordance with the ‘guidelines’ standard terms and conditions) at which time no concerns were raised.

21. The recommendations within this report support the Rodney Local Board Plan 2017 outcomes for:

· communities are influential and empowered

· parks and sports facilities that everyone can enjoy

· arts and culture is vibrant and strong.

Tauākī whakaaweawe Māori / Māori impact statement

22. There are no significant changes or impacts for Māori associated with the recommendations in this report.

Ngā ritenga ā-pūtea / Financial implications

23. There is no direct cost to council associated with this proposal.

Ngā raru tūpono / Risks

24. Should the Rodney Local Board resolve not to grant a new community lease to the club, this decision may:

· affect the club’s ability to leverage funding to ensure its financial sustainability as required to meet its ongoing asset management plans

· increase Auckland Council’s maintenance and renewal responsibilities in terms of the club’s improvements.

Ngā koringa ā-muri / Next steps

25. Subject to the local board grant of a new lease, council’s community leasing staff will work with the club to finalise the deeds of surrender and new lease.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	GIS aerial view of lease area	13
b ⇩	Community Outcomes Plan	15
c ⇩	Existing lease area vs. new lease area	17

Ngā kaihaina / Signatories

Authors

Karen Walby – Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager

Rodney Local Board

21 June 2018

Land owner approval application from Greg Doherty at Kanuka Reserve, corner of Sandspit Road and Kanuka Road, Warkworth

File No.: CP2018/09315

Te take mō te pūrongo / Purpose of the report

1. To recommend declining the application from Greg Doherty, the applicant, for permanent access (an easement) from his property at 1262 Sandspit Road, Warkworth, over the adjoining Kanuka Reserve at 1264 Sandspit Road (Kanuka Reserve).

Whakarāpopototanga matua / Executive summary

2. A request for an easement over Kanuka Reserve located at 1264 Sandspit Road, Warkworth, has been received from Greg Doherty, the applicant.

3. The applicant has advised that a garage on the southern half of his property at 1262 Sandspit Road was granted building consent and therefore he would like to formalise access over Kanuka Reserve to this garage. Building consent number BPA-38783 did not require the applicant to show how access was to be gained to the garage. There is currently a gravel access way for about eight metres over the reserve land to the applicant’s site which he is seeking to formalise.

4. Kanuka Reserve is situated on the corner site at 1264 Sandspit Road and Kanuka Road, legally described as Lot 1 DP 40473 and is held in fee simple by Auckland Council as an unclassified recreation reserve subject to the Reserves Act 1977. The boundary for the reserve is over a small part of Kanuka Road.

5. This report recommends that the Rodney Local Board decline the application for an easement over Kanuka Reserve as under the Reserves Act an easement cannot lawfully be granted over an unclassified reserve.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) decline the land owner application from Greg Doherty for permanent access (an easement) through the adjoining unclassified recreation reserve, Kanuka Reserve, legally described as Lot 1 DP 40473, at 1264 Sandspit Road and the corner of Kanuka Road as shown in Attachment A to the agenda report.

b) consider what action to take in respect to this reserve as part of its pending Open Space Management Plan for all reserves in the Rodney Local Board area.

Horopaki / Context

6. The subject reserve is located on the corner of Sandspit Road and Kanuka Road, with the northern half covered in bush and the southern half in grass. The applicant’s site and reserve are indicated in Attachment A to this agenda report. A topographical map of the reserve and applicant’s site is attached as Attachment B to this agenda report.

7. The applicant is seeking land owner approval for a formal, registered easement over Kanuka Reserve to formalise access to a garage located on his property at 1262 Sandspit Road. There is currently an unauthorised gravel access way for about eight metres over the reserve land to the applicant’s site. The garage was granted a building permit in 1979 by a previous owner.

8. It is usual for a landowner to form an access to a garage over their land, or to agree access with a neighbouring landowner prior to construction of a garage. Building consent number BPA-38783 did not require the applicant to show how access was to be gained to the garage.

9. It is noted that the applicant’s property at 1262 Sandspit Road has existing frontage rights to Sandspit Road and that the previous owner chose to build a garage/shed where they did without having legal right of access across the reserve. Access to the garage at the back of the site would be difficult for the applicant through the steep site from the front but the garage is easily accessible through the adjoining neighbours’ land should the applicant request such access, and should the neighbour agree to it.

10. There is no evidence of historic council approvals, such as any incorrect historical boundary markers and/or council resolutions, previous approvals or consents for legal access for 1262 Sandspit Road from Kanuka Reserve.

11. The access encroachment onto Kanuka Reserve for 1262 Sandspit Road Warkworth is indicated in Attachment C to this agenda report.

12. The boundary of Kanuka Reserve encroaches on the road as indicated in Attachment C, Figure 1. Correspondence with Auckland Transport principal development manager for this site at the time when the application was initially lodged confirms that Auckland Transport did not have a budget to purchase the piece of reserve and legalise this component to form a legal road and to provide access to 1262 Sandspit Road from Kanuka Road.

13. It is noted that the driveway from the adjoining neighbours at number 2 Kanuka Road (Lot 1 DP 432354) encroaches onto the reserve over a small triangular portion. This encroachment has been added to council’s encroachment register for action when resources become available. The legal road frontage for 2 Kanuka Road is quite narrow but still provides a viable vehicle crossing point. There is similarly no evidence of historic council approvals, such as any incorrect historical boundary markers and/or council resolutions, previous approvals or consents for legal access for 2 Kanuka Road from Kanuka Reserve. This encroachment is also indicated on Attachment C.

Tātaritanga me ngā tohutohu / Analysis and advice

14. As Kanuka Reserve is currently an unclassified reserve it is not possible, under the Reserves Act, to grant an interest in land (for example a right of way easement). It is recommended that the Rodney Local Board may wish to consider what action to take in respect to this reserve as part of its pending Open Space Management Plan for all reserves in the Rodney Local Board area.

15. It is noted that if the reserve was classified as a recreation reserve it is unlikely a right of way easement of the sort requested could be granted as it does not appear to meet any of the recreational purposes set out under section 17 of the Reserves Act, 1977. A full analysis on granting such an easement under Reserves Act section 48 would be necessary.

16. The recommendation to the Rodney Local Board is to decline the land owner application for an easement over the reserve for the following reason:

· Kanuka Reserve is currently unclassified; under the Reserves Act it is not lawful to grant an easement over an unclassified reserve.

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

17. The Rodney Local Board has had a workshop with council staff outlining the above details. The Rodney Local Board has authority to approve or to decline this application.

Tauākī whakaaweawe Māori / Māori impact statement

18. If the application proceeded towards approval it is Auckland Council’s practice to consult with all iwi as identified as having an interest in land in a local board’s respective geographical area.

19. Section 4 of the Conservation Act 1987 is the basis for iwi consultation with reserve lands and reads: “This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi”. Auckland Council is expected as good practice to fulfil the obligations of section 4 on behalf of the Crown as treaty partner when dealing with either council owned or council managed reserve.

20. The applicant has not engaged with iwi for this proposal.

Ngā ritenga ā-pūtea / Financial implications21. If the local board chose to not accept the staff recommendation and resolved to classify the
reserve, the classification process would have to be undertaken which incurs cost and time.
There is no guarantee that an easement would be supported on the land after classification.

Ngā raru tūpono / Risks

22. If the reserve was classified as a recreation reserve it is unlikely a right of way easement of the sort requested could be granted as it does not appear to meet any of the recreational purposes set out under section 17 of the Reserves Act 1977. A full analysis on granting such an easement under the Reserves Act section 48 would be necessary.

23. The Rodney Local Board may wish to consider what action to take in respect to this reserve as part of its pending Open Space Management Plan for all reserves in the Rodney Local Board area.

Ngā koringa ā-muri / Next steps

24. If the application is declined the decision will be communicated to the applicant.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Access Concept Map	23
b ⇩	Topographic Plan	25
c ⇩	Encroachments and site photo	27

Ngā kaihaina / Signatories

Authors

Raewyn Sendles - Land Use Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager

Rodney Local Board

21 June 2018

Request for an alcohol ban at Baddeleys and Campbells Beach, Millon Bay, North Rodney

File No.: CP2018/09274

Te take mō te pūrongo / Purpose of the report

1. To decide whether to adopt an alcohol ban on the beach and adjoining park areas at Baddeleys Beach and Campbells Beach in Millon Bay, North Rodney.

Whakarāpopototanga matua / Executive summary

2. To enable a decision whether to adopt an alcohol ban on the beach and adjoining park areas at Baddeleys Beach and Campbells Beach, staff assessed three options:

· Option one: Status quo – no alcohol ban

· Option two: December and January weekend and holiday alcohol ban (7pm on the day before to 7am on the day after any weekend, public holiday or Christmas / New Year holiday period)

· Option three: 24-hours, seven days a week alcohol ban.

3. Staff recommend the local board adopt a December and January weekend and public holiday alcohol ban (Option two). Taking this approach may help address alcohol-related incidents in a way that is more appropriate, proportionate and a justified limitation in light of the evidence.

4. If the local board adopts a December and January weekend and public holiday alcohol ban (Option two), there is a risk that alcohol consumption could move to residential addresses with no decrease in incidents. This risk could be mitigated through continued use of surveillance cameras, Auckland Council response to noise and litter complaints, and Police response using existing powers under the Summary Offences Act 1981 and Crimes Act 1961.

5. If a December and January weekend and public holiday alcohol ban is adopted (Option two), staff will notify affected residents of the decision, install new alcohol ban signage and update the council website.

6. A memo in response to local board resolution RD/2018/30 to clarify the alcohol ban area is contained in Attachment F.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) adopt a December and January weekend and holiday alcohol ban (7pm on the day before to 7am on the day after any weekend, public holiday or Christmas / New Year holiday period) on the beach and adjoining park areas at Baddeleys Beach and Campbells Beach, Millon Bay as shown in Attachment A to the agenda report.

b) authorise the Manager Social Policy and Bylaws to make any minor edits or amendments to the alcohol ban in Attachment A to correct any identified errors or typographical edits.

Horopaki / Context

Baddeleys and Campbells Beach Ratepayers Association has requested an alcohol ban

7. On 19 February 2018, the Baddeleys and Campbells Beach Ratepayers Association requested a 24 hour, seven days a week alcohol ban (Attachment B).

8. The request relates to the beach and adjoining park areas at Baddeleys Beach and Campbells Beach in Millon Bay, North Rodney (Attachments A and E). The two beaches adjoin each other and are separated by a reef that is approximately 150 metres wide.

9. The request is in response to alcohol-related incidents. The request notes that there are three surveillance cameras in the area and that the New Zealand Police (Police) have been called to respond on a number of occasions.

Alcohol bans prohibit alcohol, are adopted by local boards and enforced by the Police

10. Alcohol bans prohibit the consumption or possession of alcohol in specified public places (areas) during specified times.

11. The Rodney Local Board has delegated authority to make alcohol bans under the Auckland Council Alcohol Control Bylaw 2014 (Bylaw) (GB/2014/121).

12. Local Government Act 2002 and Bylaw criteria (Attachment C) include the requirement that:

· the alcohol ban responds to documented evidence of a high level of crime or disorder caused or made worse by alcohol consumption in the area

· the alcohol ban be an appropriate and proportionate response to the evidence

· the alcohol ban be a justifiable limitation on people’s rights and freedoms.

13. The Police enforce alcohol bans using powers of search, seizure, arrest, and $250 infringement fees^{^[1]}. Police also have powers to address incidents of crime or disorder under the Summary Offences Act 1981 and Crimes Act 1961, whether or not alcohol is involved.

Evidence has been provided from the requester, Police and noise control

14. Evidence from the requester (Attachment B) and Police record 27 incidents over eight months from July 2017 to February 2018. Of those,15 incidents had links to alcohol. The timing of the incidents equates to fewer than one incident a month during winter, and almost daily incidents during the December holiday period (Table 1).

15. The nature of the incidents ranged from disorder (litter, broken glass bottles, excessive noise, damage to public and private property) to threatening behaviour (dangerous driving while intoxicated, verbal threats of violence, intimidation, death threats, abusive language).

16. Police were called to nine incidents in the Campbells Beach area.

Table 1: Summary of alcohol-related crime or disorder at Baddeleys and Campbells Beach

Number and location of incidents	Type of incident	Month, day and time of day
3 (2 at Campbells and 1 at both Campbells and Baddeleys beaches)	Nuisance (3)	· June, October, November 2017 · Friday – Sunday, late evening
1 (Baddeleys Beach)	Nuisance (1)	· August 2017 · Tuesday, late evening
8 (Campbells Beach)	Nuisance (3) Threatening behaviour (5)	· December 2017 · Friday – Sunday and Public Holidays · Late morning to late evening
2 (Campbells Beach)	Threatening behaviour (2)	· December 2017 · Tuesday and Thursday, midday
1 (Campbells Beach)	Threatening behaviour (1)	· January 2018 · Public Holiday, late afternoon

17. Seven excessive party noise complaints were made between 25 August 2017 and 6 March 2018. Of those, two incidents in the Baddeleys Beach area referred to noise in public places.

Tātaritanga me ngā tohutohu / Analysis and adviceThree options have been identified

18. The following three options in response to the alcohol ban request have been identified:

· Option one: Status quo – no alcohol ban

· Option two: December and January weekend and holiday alcohol ban (7pm on the day before to 7am on the day after any weekend, public holiday or Christmas / New Year holiday period)

· Option three: 24-hours, seven days a week alcohol ban.

19. Table 2 below provides a comparative assessment of the three options against the criteria in paragraph 11. An assessment of the advantages, disadvantages and risks of each option is provided in Attachment D.

Table 2: Comparative assessment of options to respond to alcohol ban request

Criteria	Option One: Status quo	Option Two: Dec-Jan ban	Option Three: 24/7 ban	Summary
Alcohol ban responds to documented evidence of a high level of crime or disorder	û	ü	û	· there is sufficient evidence of a high level of disorder on weekends and public holidays in December and January (Option 2) · the evidence does not support a 24/7 alcohol ban (Option three) - less than one incident a month between July and November 2017 is not a high level · Option one would rely on existing surveillance cameras and police powers which to date have not addressed the requester’s current or future concerns.
Alcohol ban is appropriate and proportionate response to the evidence	û	ü	û	· Option two would be appropriate and proportionate because it targets the times that there is evidence of incidents. · a 24-hours, seven days a week ban would not be appropriate or proportionate in light of this evidence (Option three). · Option one would rely on existing actions that have not addressed requesters concerns.
Alcohol ban is justifiable limitation on people’s rights and freedoms.	ü	ü	û	· Option one imposes no limitations on people’s rights and freedoms · the concentration of incidents on weekends and public holidays in December and January justifies Option two · Option three would have significant limitations on people’s rights and freedoms that are not justified by the evidence.

Staff recommend Option two: December and January weekend and holiday alcohol ban

20. Based on the legislative and bylaw criteria, staff recommend Option two: December and January weekend and public holiday alcohol ban for the following reasons:

· an alcohol ban may assist in reducing alcohol-related harm

· there is sufficient evidence of a high level of alcohol-related disorder in the area on weekends and public holidays in December and January

· the times of the alcohol ban is appropriate, proportionate and a justified limitation on people’s rights and freedoms in light of the evidence submitted with the request

· community-focussed solutions already exist (surveillance cameras)

· Police and the ratepayers’ association support an alcohol ban.

21. Option one would rely on existing surveillance cameras and police powers which to date have not addressed the requester’s current or future concerns.

22. Option three imposes limitations on people’s rights and freedoms that are not justified by the evidence submitted with the request.

Police views

23. Police have indicated in correspondence that they are supportive of the request and would patrol the area.

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

24. The Rodney Local Board last made decisions on alcohol bans in 2015. The local board reviewed all the alcohol bans in its local board area using targeted community engagement. The outcome of the review was a decision to retain 13 of the then 14 alcohol bans (resolutions RD/2015/60 and RD/2015/93).

Tauākī whakaaweawe Māori / Māori impact statement

25. Managing alcohol-related harm increases opportunities for health and well-being, which is consistent with the outcomes of the Māori Plan. Iwi have been widely consulted on the use of alcohol bans and have to date been supportive of their use.

Ngā ritenga ā-pūtea / Financial implications

26. The local board is responsible for any costs to notify the decision and signage.

Ngā raru tūpono / Risks

27. If the local board adopts a December and January weekend and public holiday alcohol ban (Option two) there is a risk that alcohol consumption could move to residential addresses with no decrease in incidents.

28. This risk could be mitigated through continued use of surveillance cameras, Auckland Council responses to noise and litter complaints, and continued Police responses using existing powers under the Summary Offences Act 1981 and Crimes Act 1961.

Ngā koringa ā-muri / Next steps

28. If the local board adopts a December and January weekend and public holiday alcohol ban (Option two), staff will:

· notify affected residents of the decision

· install new alcohol ban signage

· update the council website.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Proposed alcohol ban area	37
b ⇩	Alcohol ban request	39
c ⇩	Legislative and bylaw requirements	51
d ⇩	Options assessment of advantages, disadvantages and risks	53
e ⇩	Aerial map of Millon Bay	55
f ⇩	Memo to the local board	57

Ngā kaihaina / Signatories

Authors

Magda Findlik - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Lesley Jenkins - Relationship Manager

Rodney Local Board

21 June 2018

Warkworth Town Hall Memorandum of Understanding and outstanding debt

File No.: CP2018/10242

Te take mō te pūrongo / Purpose of the report

1. To waive the outstanding amount of $250,000 owed by the Warkworth Town Hall Restoration Trust for the restoration of the Warkworth Town Hall and acknowledge the end of the Warkworth Town Hall Memorandum of Understanding.

Whakarāpopototanga matua / Executive summary

2. A Memorandum of Understanding between the Warkworth Town Hall Restoration Trust (the Trust) and Auckland Council was signed in December 2015. (Attachment A to the agenda report). This document sets out the terms for money provided by the local board and for the local board to underwrite the fundraising work of the Trust for the restoration of the Warkworth Town Hall.

3. The terms of the Memorandum of Understanding stated that the Trust was to use its best endeavours to raise $675,000 to contribute towards the cost of restoring the hall within two years of signing the Memorandum of Understanding. The restoration of the hall was completed in February 2017 and was reopened in April 2017.

4. By April 2018, the Trust had raised and repaid $425,000 to the local board, leaving $250,000 outstanding. The Trust has written to the local board (Attachment B to the agenda report) indicating it would be difficult to raise the remaining borrowed funds and there is a likelihood that the $250,000 will remain unpaid in the foreseeable future. The Trust has found further fundraising a challenge following the completion of the hall. The local board’s approval is sought to waive the outstanding amount and release the Trust from its obligation.

5. The $250,000 has already been allocated and the local board’s budgets reflect that the money is due. It the debt is waived the funds available in the LDI Capex budget will reduce by a corresponding amount to reflect that this money is no longer expected to be received. This reduction will subsequently reduce the Town Centre Improvements budget which was originally set when the debt was expected to be repaid.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) waive the outstanding debt of $250,000 owed by the Warkworth Town Hall Restoration Trust for the restoration of the Warkworth Town Hall and recorded in the Memorandum of Understanding dated 22 December 2015.

b) note the amount of $250,000 will be deducted from the LDI Capex Town Centre Improvements Budget.

c) acknowledge that the Memorandum of Understanding between the Auckland Council and the Warkworth Town Hall Restoration Trust dated 22 December 2015 has ended.

Horopaki / Context

6. The restoration of the Warkworth Town Hall was funded from the Long-term Plan and the local board (resolutions RD/2015/79 and RD/2015/80 refer Attachment A, Appendix 1).

7. To support the project a Memorandum of Understanding (MOU) between the Warkworth Town Hall Restoration Trust and council was signed in December 2015. The terms of the MOU stated that the local board would underwrite $650,000 to the Trust who was to use its best endeavours to then fundraise these funds to contribute towards the cost of restoring the town hall.

8. The restoration was completed in February 2017 at an approximate cost of $5.6 million over several phases of construction and restoration work. A breakdown of sources of funding is included in Attachment C to the agenda report.

9. To date the Trust has paid a total of $425,000. However, the Trust has advised that it will be unlikely to raise the outstanding $250,000 in the foreseeable future because the task of raising funding for a facility that is now complete is far more challenging than seeking funding for an aspiration yet to be realised.

Tātaritanga me ngā tohutohu / Analysis and advice

10. The hall is currently managed by council and staff continue to work alongside the Warkworth Town Hall Restoration Trust.

11. The Trust is keen to take on the role of operating and managing the town hall. They have several new members on the Trust and are currently focusing on building their capacity in the areas of governance and management.

12. Options are considered in Table One. Staff recommend Option 3 as the preferred option, as raising further funds is unlikely.

Table One

Options

Advantages

Disadvantages

Option 1: Do nothing

The existing MOU and expectations within it remain

The Trust may continue to raise some funds over time

Unlikely that the outstanding funds will be raised

Potential impact on other local board priorities

The financial impact and expectations will become increasingly unclear for both the Trust and council.

There will be no sense of achievement or closure

Option 2: Extend the MOU and timeframe for fundraising and maintain the fundraising expectations

The Trust may continue to raise some funds over time

Fundraising could be focused to providing additional amenity to encourage donor interest

Unlikely that the outstanding funds will be raised

Potential impact on other local board priorities.

Energy and goodwill of the Trust likely to dissipate

No sense of achievement or closure

Option 3: Rodney Local Board fund the outstanding amount from its LDI budget

The fiscal implications are clear – the Trust will have no further financially liability.

The Trust can move on and focus on its future relationship with the hall

Opportunity to build a strong sense of local connection and ownership

The need for the local board to commit $250,000 of LDI capex to conclude funding of the restoration may impact other projects and aspirations.

13. When the MOU was signed in December 2015 it was envisaged it would be for a two year period. Should the local board agree to waive the outstanding debt then the MOU is no longer required and will end.

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

14. The outstanding debt owed by the Trust has been discussed with the local board in workshops on two occasions. The purpose of these workshops was to obtain feedback on the three options and ascertain which option the local board preferred.

Tauākī whakaaweawe Māori / Māori impact statement

15. The outstanding debt does not specifically impact on Māori outcomes or activities. As such the content of this report has no particular benefit to, or adverse effect on, Māori. No consultation with Māori has been undertaken.

Ngā ritenga ā-pūtea / Financial implications

16. The financial implications of waiving the outstanding $250,000 debt from the local board’s LDI budget will mean that this amount of resourcing will not be available for other projects within the local board area.

Ngā raru tūpono / Risks

17. The proposal to allocate the outstanding amount from the local board budget and re-focus the relationship and direction of the Trust into operating and managing the Warkworth Town Hall is relatively low risk compared to the other options.

Ngā koringa ā-muri / Next steps

18. Staff will communicate formally with the Trust to convey the decision and confirm the expiry of the previous MOU.

19. Staff will continue to progress a new phase of work with the Trust to explore future opportunity to activate the Warkworth Town Hall.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Memorandum of Understanding	63
b ⇩	Letter from the trust	71
c ⇩	Financial information	75

Ngā kaihaina / Signatories

Authors

Jo Heaven - Rural Hall Advisor (Rodney)

Authorisers

Graham Bodman - General Manager Arts, Community and Events

Lesley Jenkins - Relationship Manager

Rodney Local Board

21 June 2018

Revitalisation of Town Centres opex budget allocation

File No.: CP2018/09886

Te take mō te pūrongo / Purpose of the report

1. To allocate funding for project investigation and design work on town centre revitalisation projects in Helensville and Warkworth.

Whakarāpopototanga matua / Executive summary

2. The Rodney Local Board allocated $100,000 of its 2017/2018 budget to progress town centre improvement projects in Rodney.

3. North West Country, the business association in Helensville, has been working with the local community to identify community priorities for town centre improvements. Based on community feedback, a concept design for streetscape improvements was developed and presented to the local board in December 2017.

4. Staff recommend that funding be allocated for the purpose of engaging a consultant to progress the Helensville Streetscape Improvement Project through the next stage of the design and investigation process.

5. The Warkworth Community Aspirations Report 2017 reflects the views of a cross-section of residents on improvements they would like to see in Warkworth. A significant priority identified by residents is the need for improved connections between the town and the river.

6. It is recommended that funding be allocated to design and develop a multi-use community gathering space on the grass area adjacent to the skate ramp in Baxter Street.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) allocate $30,000 from the 2017/2018 Locally Driven Initiative opex budget for Town Centre Improvements to complete the investigation and design of the NorthWest Country Inc Streetscape Improvement Project on Commercial Road and Creek Lane, Helensville. Noting that this funding has been requested to be carried forward into the 2018/2019 financial year.

b) allocate $30,000 from the 2017/2018 Locally Driven Initiative opex budget for Town Centre Improvements to complete the investigation and design of a multi-use outdoor community gathering space adjacent to the river in Baxter Street, Warkworth. Noting that this funding has been requested to be carried forward into the 2018/2019 financial year.

Horopaki / Context

7. Improving the look and feel of town centres in Rodney has been identified as a community priority. Town centre revitalisation projects, particularly those which include community decision-making and partnering processes, are a focus for the local board and they would like to see more of these underway.

8. Resource was allocated by the local board in the 2017/2018 budget for the design and build of the Huapai Hub as well as for investigation and design work in other town centres in Rodney.

9. Staff have been working with community groups in Helensville and Warkworth to help identify and shape potential town centre partnering projects. Similar work will begin in Wellsford in July 2018.

Tātaritanga me ngā tohutohu / Analysis and advice

Helensville

10. North West Country presented a draft concept plan to the local board for the Streetscape Project (phase 1) and the Creek Lane Project (phase 2) in December 2017 (Attachment A to the agenda report). These were discussed with the local board at workshops in March and May 2018.

11. At these workshops the local board indicated support for progressing the high-level concept plan to the next stage of design with a view to future funding being made available for the build of the Streetscape Project.

12. It is proposed that the design work be contracted to external consultants with the skills and expertise necessary to complete this work to a high standard within a relatively short timeframe.

Warkworth

13. The Warkworth Community Aspirations Report 2017 (Attachment B to the agenda report) identified five key ideas and 30 possible action areas. For the purpose of selecting a potential town centre revitalisation project for Warkworth, staff developed the following criteria to provide guidance and to refine options:

· does it meet identified community priorities and local board outcomes?

· will it appeal to a wide cross-section of the community rather than specific interest groups?

· is it something that lots of people can get involved in and will it attract new people who do not normally participate such as youth, newcomers and young families?

· is it tangible and concrete with a clear visible result when finished?

· will there be sufficient resourcing available to complete it?

· is it exciting and creative and will it make an impact on the town centre and the riverbank?

· does the project lend itself to a community partnering process such as the Milenko Approach?

· can it be done within a reasonable time frame?

14. Based on community aspirations identified in the report and the above criteria, the local board has indicated a preference for progressing a project to develop an attractive outdoor multi-use community gathering space. The proposed location is adjacent to the river, most likely in the vicinity of the skate ramp in Baxter Street. This would include shade, seating, performance space and the potential for new interactive activities.

15. Staff propose using a community partnering process to develop and design the community gathering space and recommend that a consultant is engaged with proven experience in working alongside communities on projects of this nature.

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

16. Both projects have been discussed with the local board at workshops on 8 March 2018 and 1 May 2018. Members indicated general support for both projects subject to a decision at a future business meeting. This report requests the allocation of resourcing of $30,000 for each project for investigation and design.

Tauākī whakaaweawe Māori / Māori impact statement

17. Ngati Whatua o Kaipara has a representative on the steering group of the Helensville project and it is anticipated that they will have ongoing input and involvement.

18. Funding will be allocated within the Warkworth project to ensure that Ngati Manuhiri are able to be involved in the design and development of the community gathering space and that their aspirations will be reflected in the final product.

Ngā ritenga ā-pūtea / Financial implications

19. There is funding of $100,000 for the revitalisation of town centres in the Rodney Local Board work programme 2017/2018 (LDI: Opex) budget. This report recommends the allocation of $60,000 of this to progress the Helensville and the Warkworth town centre projects.

Ngā raru tūpono / Risks

20. In both Helensville and Warkworth extensive community engagement and consultation has raised expectations in the community that some of their ideas for potential town centre revitalisation projects will be followed up. There is a reputational risk to staff and the local board if these projects do not progress.

21. The success of these projects is dependent in part on ensuring that Auckland Council’s Community Facilities Investigation and Design team work closely with staff from council’s Community Empowerment Unit to deliver the investigation and design work, making certain that there is meaningful community involvement in the projects.

Ngā koringa ā-muri / Next steps

22. Implementation will involve the selection of a consultant to manage the project from inception through to detailed design. Primary consideration will be given to suppliers who have experience working in the rural context and who understand the community partnering approach, those who are pre-approved professional services suppliers for design and landscape architectural services, and suppliers who are based locally.

23. The appointment of consultants will be undertaken once funding has been approved. This work will be led by council’s Community and Facilities - Investigation and Design team with support from staff.

24. It is anticipated that the investigation and design work will be completed by November 2018.

25. Following completion, the findings of investigation and design work will be presented to the local board. This will include requesting further funding to complete the build of the projects.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Helensville enhancement plans	81
b ⇩	Warkworth Community Aspirations Report 2017	89

Ngā kaihaina / Signatories

Authors

Sue Dodds – Strategic Broker

Authorisers

Graham Bodman - General Manager Arts, Community and Events

Lesley Jenkins - Relationship Manager

Rodney Local Board

21 June 2018

Rodney Local Board Community Services Work Programmes 2018/2019

File No.: CP2018/09928

Te take mō te pūrongo / Purpose of the report

1. To approve the Community Services 2018/2019 work programmes for the Rodney Local Board including the following departments:

· Arts, Community and Events (ACE)

· Libraries and Information (Libraries)

· Parks, Sport and Recreation (PSR)

· Service Strategy and Integration (SSI).

Whakarāpopototanga matua / Executive summary

2. The Community Services work programmes provide a defined work programme to be delivered for the local board in the 2018/2019 financial year. The work programmes cover the following departments:

· Arts, Community and Events (ACE)

· Libraries and Information (Libraries)

· Parks, Sport and Recreation (PSR)

· Service Strategy and Integration (SSI)

3. The Community Services work programmes are being presented together as an initial step toward an integrated programme for the Community Services directorate.

4. The work programmes align with the following Local Board Plan outcomes:

· Arts and culture is vibrant and strong

· Communities are influential and empowered

· Parks and sports facilities that everyone can enjoy

· We can get around easily and safely

5. The work programmes include funding from Asset Based Services (ABS) Opex and Locally Driven Initiatives (LDI) Opex.

6. Should unforeseen works arise, or work priorities change from those approved by the local board, approval from the local board will be sought for any changes to work programmes.

7. Progress and updates on work programmes will be reported to the local board for each quarter of the financial year.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) approve the 2018/2019 Arts, Community and Events work programme (Attachment A to the agenda report).

b) approve the 2018/2019 Libraries work programme (Attachment B to the agenda report).

c) approve the 2018/2019 Parks, Sport and Recreation work programme (Attachment C to the agenda report).

d) approve the 2018/2019 Service Strategy and Integration work programme (Attachment D to the agenda report).

Horopaki / Context

8. Work programmes are presented to local boards for approval each year. They outline the local activities to be delivered in each local board area for the next financial year.

9. This year ACE, Libraries, PSR and SSI departments that make up the Community Services directorate are presenting work programmes in a combined report as an initial step toward an integrated programme for the Community Services directorate.

10. Preparation for the development of draft work programmes was supported by a series of workshops with the local board. Initial workshops provided strategic direction and subsequent workshops identified priority activities to support that direction.

11. The work programme for SSI has been included alongside other Community Services work programmes for the first time.

Tātaritanga me ngā tohutohu / Analysis and advice

12. The Community Services work programmes 2018/2019 for the Rodney Local Board includes the following areas of activity:

· ACE – Provision of service at local arts projects and facilities, community empowerment initiatives, community centres and venues and local and regional events.

· Libraries – Provision of library services and programmes that support Aucklanders with reading and literacy, and opportunities to participate in community and civic life.

· PSR – Provision of services to actively engage Aucklanders to lead healthy, connect with nature and value our cultural identity.

· SSI – Provision of service and asset planning advice and support more integrated delivery of community outcomes.

13. The work programmes include activities that:

· align with local board plans

· identify budget allocation and

· outline estimated timeframes for delivery.

14. The work programmes 2018/2019 align to the following Rodney Local Board Plan outcomes:

Outcome	ACE	Libraries	PSR	SS&I
Arts and culture is vibrant and strong	ü	ü
Communities are influential and empowered	ü		ü
Parks and sports facilities that everyone can enjoy	ü		ü	ü
We can get around easily and safely			ü

15. Some activities require multiple years for delivery. The programmes align to the following strategies and plans:

· ACE: Hire Fee Framework, Events Policy, Arts and Culture Strategic Action Plan ("Toi Whītiki"), Community Development Strategic Action Plan (“Thriving Communities”), Ka Ora Ai Te Iwi – Māori Responsiveness Plan

· Libraries: Te Kauroa – Auckland Libraries Future Directions 2013-2023, Te Kauhanganui – Auckland Libraries Māori responsiveness plan

· PSR: Public Open Space Strategic Action Plan, Sport and Recreation Strategic Action Plan, Auckland growing greener framework, Māori responsiveness framework, Pest free 2050 (through volunteers).

· SSI: Delivery of integrated outcomes from the strategies and plans outlined above including the Community Facilities Network Plan, Parks and Open Space Strategic Action Plan and Auckland Plan.

16. The work programmes include new activities, as well as existing activities that have been continued from the previous financial year.

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

17. The local board provided feedback on the proposed Community Services work programmes for the 2018/2019 financial year through a series of workshops in preparation for approving these final work programmes.

18. Feedback from these workshops is reflected in the work programmes included in Attachments A, B, C and D.

Tauākī whakaaweawe Māori / Māori impact statement

19. Where any aspects of the work programme are anticipated to have a significant impact on Māori, appropriate engagement and consultation will follow.

20. Community Services are committed to being responsive to Māori. When developing and delivering work programmes we consider how we can contribute to Māori well-being, values, culture and traditions.

21. Activities in the work programmes that are specific to Māori outcomes include:

· Celebrating Te Ao Māori and strengthening responsiveness to Māori. Whakatipu i te reo Māori – Libraries work programme.

Ngā ritenga ā-pūtea / Financial implications

22. Activities are funded from one or multiple budget sources which include: Asset Based Services (ABS) Opex and Locally Driven Initiatives (LDI) Opex.

23. The Locally Driven Initiative budget for the local board for the 2018/2019 financial year is $713,000 opex.

24. The Community Facilities department leads capital development and asset enhancing activities including renewals and will be submitting a separate work programme for approval.

Ngā raru tūpono / Risks

25. Delivery and completion of activities in the work programmes are dependent on the local board approving the work programmes.

26. Work programme activities that require multi-year funding are dependent on the approval of work programmes in future years to be completed or continued.

27. Where a work programme activity cannot be completed on time due to unforeseen circumstances, this will be signalled to the local board at the earliest opportunity along with options for the local board to consider.

28. If a change is required to a work programme, approval from the local board will be sought.

Ngā koringa ā-muri / Next steps

29. Once approved, delivery of activities identified in the Community Services work programmes is to begin from 1 July 2018.

30. The work programmes list further decisions and milestones for each activity, these will be brought to the local board when appropriate.

31. Progress and updates on work programmes will be reported to the local board for each quarter of the financial year.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Rodney ACE Work Programme 2018/2019	117
b ⇩	Rodney Libraries Work Programme 2018/2019	123
c ⇩	Rodney PSR Work Programmes 2018/2019	125
d ⇩	Rodney SSI Work Programme 2018/2019	127

Ngā kaihaina / Signatories

Authors

Graham Bodman - General Manager Arts, Community and Events

Mirla Edmundson - General Manager Libraries & Information

Mace Ward - General Manager Parks, Sports and Recreation

Lisa Tocker - Head of Service Strategy and Integration

Authorisers

Ian Maxwell - Director Community Services

Lesley Jenkins - Relationship Manager

Rodney Local Board

21 June 2018

Freedom Camping Bylaw Development

File No.: CP2018/10467

Te take mō te pūrongo / Purpose of the report

1. To seek formal feedback from the Rodney Local Board on sites to be managed by the draft freedom camping bylaw (the bylaw).

Whakarāpopototanga matua / Executive summary

2. In August 2017 the Regulatory Committee decided to develop a bylaw under the Freedom Camping Act 2011 (the Act).

3. The council can only restrict or prohibit the activity through a bylaw made under the Act if it is satisfied that it is necessary to:

· protect the area, and/or

· protect the health and safety of people who may visit an area, and/or

· protect access to the area.

4. Staff have now carried out site assessments for the Rodney Local Board area and have concluded there are:

· forty-three sites with adequate evidence to be scheduled as prohibited

· nineteen sites with adequate evidence to be scheduled as restricted

· eleven suitable sites for non-self-contained camping.

5. Recommendations provided by the Rodney Local Board will be incorporated into a report to the Regulatory Committee in August 2018.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) recommend to the Regulatory Committee that the 43 sites contained in Attachment A to the agenda report be prohibited through a bylaw under the Freedom Camping Act 2011.

b) recommend to the Regulatory Committee that the following restrictions be applied to the 19 sites contained in Attachment B to the agenda report through a bylaw under the Freedom Camping Act 2011:

i) certified self-contained vehicles only

ii) limited numbers of vehicles

iii) only in identified parking spaces.

c) recommend to the Regulatory Committee that the following restrictions be applied to the 11 sites contained in Attachment C to the agenda report through a bylaw under the Freedom Camping Act 2011:

i) limited numbers of vehicles

ii) only in identified parking spaces.

d) confirm their general views on the management of freedom camping expressed through the workshop on 12 April 2018 as follows:

i) the council to consider costs of enforcing the bylaw

ii) the time spent on a site by a freedom camper should be limited to allow for other users to access the area

e) recommend there should be some flexibility to allow changes to the bylaw with sites able to be added as prohibited or restricted if issues arise as a result of freedom camping occurring there.

Horopaki / Context

6. In 2017 staff conducted a review of freedom camping in Auckland and the options available to the council to manage this activity. The review provided detailed information on current camper patterns and the associated issues.

7. Staff reported the findings of the review to the Regulatory Committee in August 2017. The Regulatory Committee decided to manage freedom camping by developing a bylaw under the Freedom Camping Act 2011 (the Act) [REG/2017/72].

8. A bylaw under the Act will allow the council to manage harm more effectively by enabling council officers to issue campers with $200 infringement fines.

Freedom Camping Act 2011

9. Under the Act freedom camping is permitted in any local authority area unless it is restricted or prohibited:

· in a bylaw made under the Act, or

· under any other enactment.

10. Other enactments include the Reserves Act 1977 which prohibits freedom camping on reserves unless a reserve management plan allows the activity.

11. The council can only restrict or prohibit the activity through a bylaw made under the Act if it is satisfied that it is necessary to:

· protect the area, and/or

· protect the health and safety of people who may visit an area, and/or

· protect access to the area.

12. The council cannot make a bylaw which effectively prohibits freedom camping everywhere in Auckland.

13. The council must be satisfied that a bylaw is the most appropriate and proportionate way of addressing the perceived problem in relation to the area. The bylaw must not be inconsistent with the New Zealand Bill of Rights Act 1990.

Tātaritanga me ngā tohutohu / Analysis and advice

14. Staff sought initial local board views through the local board cluster workshops in November 2017. This included discussion on characteristics of areas that make it either suitable or unsuitable for freedom camping. Ways to minimise potential harm were also discussed.

15. Principles were subsequently developed to guide the bylaw development. These are:

· to ensure that freedom campers can “do the right thing”

· to ensure that users and visitors to an area, including freedom campers, can enjoy the area

· to encourage the activity in suitable areas that meet the needs of freedom campers

· to protect areas of regional significance.

16. Community workshops were also held in April 2018 to test these principles. Attendees at the workshops were individuals or groups who had previously expressed an interest in the issue.

17. Staff attended workshops with all local boards in April and May 2018. The purpose of these workshops was to provide an overview of the bylaw development and to seek feedback to help inform the draft bylaw.

Approach to site assessments

18. Staff completed assessments of all council managed land to understand the areas that may need to be protected from freedom camping and scheduled in the bylaw. Assessments included the following considerations:

· the size and condition of parking area

· existing use including any leases over the area

· issues around safety in the area including anti-social behaviour and lighting

· existing facilities including toilets, drinking water, rubbish bins and gates

· the environmental, historical or cultural significance of the area.

19. To decide on recommendations for each site, staff developed a site assessment matrix (Figure 1) with two indicators:

· current or anticipated desirability of an area to campers

· level of protection required under the Act.

Figure 1 – Site Assesment Matrix

20. Medium and high desirability areas that require a higher level of protection are recommended to be prohibited.

21. Areas of medium and high desirability that require a medium level of protection are recommended to be restricted. As these sites may be suitable for a limited number of certified self-contained vehicles, site specific restrictions may include a maximum number of vehicles and a specific location within the parking area to camp.

22. High desirability areas that require a lower level of protection are recommended to have more permissive rules. These rules could allow for a limited number of non-self-contained vehicles to camp at these locations.

Areas held under the Reserves Act 1977

23. Areas held under the Reserves Act were included in the assessment. This enabled the local board to provide feedback on whether a prohibition through the bylaw was required.

24. The default position on land held under the Reserves Act is that freedom camping is not allowed. The Reserves Act does not have infringement powers available.

25. For reserves that meet the Freedom Camping Act evidential requirements to be prohibited, these areas can also be scheduled in the bylaw. This provides enforcement staff additional infringement powers.

Potential regional default rules

26. Staff also presented the following potential regional default rules at each local board workshop:

· camping is permitted only in certified self-contained vehicles

· camping is permitted for no more than two nights in any four week consecutive period

· a time by which a camper must leave the area in the morning.

27. These rules would be applied to all areas that are not otherwise scheduled in the bylaw to ensure health and safety and access to the area are protected.

Rodney Local Board area site assessments

28. The outcome of the initial site assessments for the Rodney Local Board area are included in Attachments A, B and C to the agenda report. Attachments B and C also note where the Reserves Act applies.

29. Attachment D to the agenda report includes sites initially recommended to be scheduled in the bylaw which have been reassessed following the workshop with the local board. These sites are now recommended to be covered by the default rules. Freedom camping will not be permitted in areas held under the Reserves Act, although enforcement powers will be limited to those under the Reserves Act.

30. The Rodney Local Board area initial site assessments identified:

· fifty-eight sites where there was adequate evidence to suggest a prohibition was required to protect the area

· sixteen sites (including reserves held under the Reserves Act) where there was adequate evidence to suggest site specific restrictions are required to protect the area

· fourteen areas where there was adequate evidence to suggest more permissive restrictions should be in place to allow non-self-contained camping.

31. Attachments A, B and C also provide a summary of the additional evidence received from the local board and subsequent staff recommendations.

32. A summary of the recommendations for the Rodney Local Board area:

· forty-three sites have adequate evidence to be scheduled as prohibited

· nineteen sites have adequate evidence to be scheduled as restricted (limited access for certified self-contained only).

· eleven sites have adequate evidence to be scheduled as restricted, however is suitable for non-self-contained.

o Of the restricted sites, 26 are held under the Reserves Act. Staff are investigating if there are legal avenues available to provide for freedom camping with restrictions on these sites. If no legal avenues are available, these sites will not be scheduled in the bylaw. As the default position under the Reserves Act will apply, there is no freedom camping allowed on these sites. Enforcement powers will be limited to those under the Reserves Act (no infringement capability).

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

33. The Rodney Local Board also provided general feedback on the development of the bylaw at the workshop on 12 April 2018. This feedback included:

· the council to consider costs of enforcing the bylaw

· the time spent on a site by a freedom camper should be limited to allow for other users to access the area

· there should be some flexibility to allow changes to the bylaw with sites able to be added as prohibited or restricted if issues arise as a result of freedom camping occurring there.

Tauākī whakaaweawe Māori / Māori impact statement

34. A memo was provided to mana whenua in November 2017 to update them on the development of the bylaw. Staff also attended the Parks and Recreation Mana Whenua Engagement Regional Hui in March 2018 to discuss the bylaw development.

35. Staff will continue to work with mana whenua through this forum to identify areas that need to be protected through the bylaw.

Ngā ritenga ā-pūtea / Financial implications

36. There are no financial implications for the local board from the decision being sought.

Ngā raru tūpono / Risks

37. There is a risk that the bylaw could be applied to a person experiencing homelessness and living in a vehicle.

38. The graduated enforcement model used by Licensing and Regulatory Compliance enables consideration of individual circumstances. Currently when a complaint is made about someone who is experiencing homelessness, staff work with social service agencies to ensure they are connected with the right support.

39. The Affordable Housing Policy Unit are currently developing a cross sectoral strategy on homelessness.

40. Staff will continue to work with staff across the council, including Legal Services, to understand options available to mitigate this risk

Ngā koringa ā-muri / Next steps

41. Staff intend to report to the Regulatory Committee in August 2018 with the draft bylaw and statement of proposal. If adopted at this time, the draft bylaw will go out for full public consultation in September.

42. If the Rodney Local Board would like to provide further feedback once the draft bylaw is adopted, this will be facilitated through the consultation and hearings process in September.

43. Based on current timelines, staff intend to have the new bylaw adopted in December 2018.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Sites to be recommended to the Regulatory Committee as prohibited	135
b ⇩	Sites to be recommended to the Regulatory Committee as restricted (certifed self-contained only). Site specific restrictions to limit number and location	147
c ⇩	Sites to be recommended to the Regulatory Committee as restricted (non-self-contained permitted). Site specific restrictions to limit number and location	161
d ⇩	Sites reassessed following local board workshop. Recommend to Regulatory Committee to apply default rules	167

Ngā kaihaina / Signatories

Authors

Jillian Roe - Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Louise Mason - GM Local Board Services

Lesley Jenkins - Relationship Manager

Rodney Local Board

21 June 2018

Appointment of local board member representative to the North West Country Incorporated Business Improvement District

File No.: CP2018/10322

Te take mō te pūrongo / Purpose of the report

1. To appoint a new local board member representative to the North West Country Incorporated Business Improvement District due to the current appointee, Member Pirrie, taking over the role of manager of that organisation.

Whakarāpopototanga matua / Executive summary

2. Elected members participate as representatives of the local board on a number of external community and national organisations.

3. At the beginning of the electoral term Member Pirrie was appointed the representative to the North West Business Improvement District, with Member Brewer as an alternate (resolution RD/2016/146). Member Pirrie has recently taken on the role of manager of the North West Country Incorporated so has resigned as the local board member representative.

4. The local board is required to appoint a new representative to the organisation and as the former alternate, it is recommended that Member Brewer be appointed as the representative.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) accept the resignation of Member Pirrie as the local board member representative on the North West Country Incorporated Business Improvement District.

b) appoint Member Brewer as a representative and appoint an alternate representative to the North West Country Incorporated Business Improvement District.

Horopaki / Context

5. A number of external organisations provide for the formal participation of Auckland Council elected members in their affairs. Elected member appointees will have a variety of duties and liabilities depending on the individual organisation.

6. As local board representatives, the nominated members represent the local board, rather than acting in a personal capacity. Local board member representatives will provide regular updates at local board business meetings to keep the local board informed of their activities unless good reasons exist for confidentiality.

7. The reasons for elected member participation in external organisations can be described in a number of ways:

· a trust deed, that requires Auckland Council to make an appointment to an organisation;

· an organisation of interest to the local board is inviting elected member representation at its meetings;

· associations entered into by the council which provide for elected member representation;

· organisation governance, or project or programme oversight, such as regional or local parks management groups;

· a statutory or regulatory provision (for example a regulation providing for a community liaison committee); or

· a resource consent requiring the formation of a committee or hearing panel.

8. In making decisions about these appointments, it is suggested that local boards are mindful of:

· the local board member’s availability;

· any conflict of interests, including whether the local board provides funding to the entity;

· whether the work of the organisation fits with the local board’s objectives and priorities

· the historical relationship between the organisation and the local board.

9. Members are delegated to participate in the external organisations in question in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed, unless the process for appointment of the organisation in question provides otherwise.

10. Local board members may be part of any organisation in their private capacity and are encouraged to disclose memberships of external organisations in the conflict of interest register.

Tātaritanga me ngā tohutohu / Analysis and advice

North West BID

11. There are 46 Business Improvement District Partnership Programmes operating within the Auckland region. There is one Business Improvement District (BID) in the Rodney Local Board area.

12. The local board has a day-to-day relationship with the North West BID as a joint partner in the BID Partnership Programme. The local board will work with the BID to align the direction for the BID programme and local priorities expressed in the local board plan. The local board will receive regular reporting on the BID Partnership Programme and review progress against objectives.

13. The BID may invite the appointed member onto the BID Governance Board or Executive Committee. The discretion as to whether the local board member has voting rights will lie with the BID under the rules of their constitution. However if voting rights are exercised the local board member could have a conflict of interest in subsequent local board decisions on BID matters.

14. Owing to the recent appointment of Member Pirrie as manager of the BID it is recommended that the local board appoint Cameron Brewer to the BID to represent the local board regarding all matters relating to the BID. It is recommended that there also be an alternate representative appointed.

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

15. This report seeks the local board’s decision on representatives to the BID.

Tauākī whakaaweawe Māori / Māori impact statement

16. This report has no specific impact on Māori. It covers appointments of local board members to external organisations and community networks to represent the view of local communities, including Māori communities.

Ngā ritenga ā-pūtea / Financial implications

17. There are no financial implications.

Ngā raru tūpono / Risks

18. There are no associated risks.

Ngā koringa ā-muri / Next steps

19. Once approved the appointments will take effect.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Authors	Raewyn Morrison - Local Board Democracy Advisor
Authorisers	Lesley Jenkins - Relationship Manager

[1] Section 169 of the Local Government Act 2002 and Local Government (Alcohol Ban Breaches) Regulations 2013

Chairperson	Beth Houlbrooke
Deputy Chairperson	Phelan Pirrie
Members	Brent Bailey
	Tessa Berger
	Cameron Brewer
	Louise Johnston
	Allison Roe, MBE
	Colin Smith
	Brenda Steele

Authors	Beth Houlbrooke – Rodney Local Board Chairperson
Authorisers	Lesley Jenkins - Relationship Manager