I hereby give notice that an ordinary meeting of the Governing Body will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 26 July 2018 9.30am Reception
Lounge |
Tira Kāwana / Governing Body
OPEN AGENDA
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MEMBERSHIP
Mayor |
Hon Phil Goff, CNZM, JP |
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Deputy Mayor |
Cr Bill Cashmore |
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Councillors |
Cr Josephine Bartley |
Cr Penny Hulse |
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Cr Dr Cathy Casey |
Cr Mike Lee |
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Cr Ross Clow |
Cr Daniel Newman, JP |
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Cr Fa’anana Efeso Collins |
Cr Greg Sayers |
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Cr Linda Cooper, JP |
Cr Desley Simpson, JP |
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Cr Chris Darby |
Cr Sharon Stewart, QSM |
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Cr Alf Filipaina |
Cr Sir John Walker, KNZM, CBE |
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Cr Hon Christine Fletcher, QSO |
Cr Wayne Walker |
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Cr Richard Hills |
Cr John Watson |
(Quorum 11 members)
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Sarndra O'Toole Team Leader Governance Advisors
23 July 2018
Contact Telephone: (09) 890 8152 Email: sarndra.otoole@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Terms of Reference
Those powers which cannot legally be delegated:
(a) the power to make a rate
(b) the power to make a bylaw
(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term plan
(d) the power to adopt a long term plan, annual plan, or annual report
(e) the power to appoint a chief executive
(f) the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement
(g) the power to adopt a remuneration and employment policy.
Additional responsibilities retained by the Governing Body:
(a) approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation
(b) approval of a draft bylaw prior to consultation
(c) resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer
(d) adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct
(e) relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees
(f) approval of the Unitary Plan
(g) overview of the implementation and refresh of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.
Exclusion of the public – who needs to leave the meeting
Members of the public
All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.
· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.
· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.
· In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).
· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.
· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.
Independent Māori Statutory Board
· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.
· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.
Staff
· All staff supporting the meeting (administrative, senior management) remain.
· Other staff who need to because of their role may remain.
Local Board members
· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.
Governing Body 26 July 2018 |
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1 Affirmation 7
2 Apologies 7
3 Declaration of Interest 7
4 Confirmation of Minutes 7
5 Petitions 7
6 Public Input 7
7 Local Board Input 7
7.1 Local Board Input: Ōtara-Papatoetoe Local Board - Representation Review 8
7.2 Local Board Input: Māngere-Ōtāhuhu Local Board - Representation Review 8
8 Extraordinary Business 8
9 Governing Body Terms of Reference amendments as a result of the disestablishment of Auckland Council Investments Limited 9
10 Review of Auckland Council’s representation arrangements for the 2019 elections 55
11 Referred from the Audit and Risk Committee - Quarterly Health and Safety Performance Report 103
12 Recommendations from the Regulatory Committee - Health and Hygiene Bylaw 2013 Statement of Proposal 149
13 Recommendations from the Regulatory Committee - Legacy On-site Wastewater Bylaws Statement of Proposal 153
14 Governing Body's Forward Work Programme 157
15 Summary of Governing Body information memos and briefings - 26 July 2018 167
16 Consideration of Extraordinary Items
PUBLIC EXCLUDED
17 Procedural Motion to Exclude the Public 195
C1 CONFIDENTIAL: City Rail Link: approval for change of project scope to provide additional future capacity (Covering report) 195
His Worship the Mayor will read the affirmation.
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 Governing Body: a) confirm the ordinary minutes of its meeting, held on Wednesday, 27 June 2018 and the extraordinary minutes of its meeting, held on Thursday, 28 June 2018, including the confidential section, as a true and correct record. |
At the close of the agenda no requests to present petitions had been received.
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.
At the close of the agenda no requests for public input had been received.
Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.
This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.
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.”
Governing Body 26 July 2018 |
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Governing Body Terms of Reference amendments as a result of the disestablishment of Auckland Council Investments Limited
File No.: CP2018/12069
Te take mō te pūrongo / Purpose of the report
1. To amend the Governing Body Terms of Reference as a result of the disestablishment of the council-controlled organisation Auckland Council Investments Limited.
Whakarāpopototanga matua / Executive summary
2. The Governing Body adopted the Long-term Plan 2018-2028 on 28 June 2018. It included the decision to disestablish the council-controlled organisation Auckland Council Investments Limited (ACIL), and to transfer to council parent ACIL’s shares in Ports of Auckland Limited (POAL) and Auckland International Airport Limited.
3. The attached amended Terms of Reference provide appropriate references in the delegations to the Finance and Performance Committee, the Audit and Risk Committee and the Appointments, Performance Review and Value for Money Committee.
4. The amended Terms of Reference also includes a delegation to the POAL Appointments Panel to make appointments to the POAL board. This formality implements the agreement with POAL in the memorandum of understanding, which was adopted by the Governing Body on 31 May 2018 (resolution GB/2018/91).
5. To execute the role of shareholder at the Auckland International Airport Limited Annual General Meeting, a delegation to executives of council is proposed. The executives are Chief Financial Officer (alternates Executive Director: Auckland Investment Office or Treasurer and General Manager: Financial Transactions). The advice of the chair and deputy chair of the Appointments, Performance Review and Value for Money Committee will be sought before voting on these matters.
6. Any relevant Auckland International Airport Limited updates, including matters from the Annual General meeting will be brought to the Appointments, Performance Review and Value for Money Committee.
7. The relevant changes to the Terms of Reference can be found in 3.2 (Finance and Performance Committee), 5.1 (Appointments, Performance Review and Value for Money Committee), and 5.2 (Ports of Auckland Limited Appointments Panel).
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
Amended Governing Body Terms of Reference |
11 |
Ngā kaihaina / Signatories
Authors |
Ella Kay - Senior Advisor - CCO Governance & External Partnerships Warwick McNaughton - Principal Advisor - Democracy Services |
Authorisers |
Marguerite Delbet - General Manager Democracy Services Phil Wilson - Governance Director Stephen Town - Chief Executive |
26 July 2018 |
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Review of Auckland Council’s representation arrangements for the 2019 elections
File No.: CP2018/12159
Te take mō te pūrongo / Purpose of the report
1. To resolve the council’s initial proposal for its representation arrangements at the 2019 elections, as required by section 19H of the Local Electoral Act 2001 (Act).
Whakarāpopototanga matua / Executive summary
2. Auckland Council’s representation arrangements must be reviewed this year. The outcome will apply at the 2019 elections and the 2022 elections (unless the council chooses to conduct another review for the 2022 elections).
3. The process in the Act requires the council to make its initial proposal, by resolution, which is then publicly notified for submissions. After considering submissions, the council resolves its final proposal which is also publicly notified, with any appeals, objections and proposals that do not comply with the 10 per cent rule, being forwarded to the Local Government Commission to make the final decision. If there are no appeals or objections and if the council’s proposals all comply with the 10 per cent rule, the council’s final proposal is implemented for the 2019 elections.
4. Auckland Council has the most complex arrangements in New Zealand, with one governing body and twenty-one local boards. The Governing Body finalised the process for conducting the review in December 2017, following consultation with local boards. The Joint Governance Working Party (“Working Party”) has developed an initial proposal for consideration by the Governing Body. In doing this, all local boards were asked for their feedback and this is attached in Attachment A. The Working Party also received a report by the councillor for the Waitematā and Gulf ward, which is attached as Attachment B.
5. The council has six weeks following the close of submissions to publicly notify its final proposal. Within those six weeks, the Working Party must hear submitters, consider submissions and report its recommendations to the Governing Body, for the Governing Body to resolve its final proposal. Each local board has authorised a person, usually the board’s chairperson, to represent it if further feedback is required during the submission process.
Horopaki / Context
6. The Act requires all councils to review their representation arrangements at least every six years. The Local Government (Auckland Council) Act 2009 requires Auckland Council to conduct a review of its representation arrangements no earlier than the 2013 elections and no later than September 2018.
7. The Act requires the following timeline and process:
· public notice of the council’s proposals within 14 days of the council’s resolution and by 8 September 2018 at the latest
· consideration of submissions
· public notice of the council’s final proposals within six weeks of the closing date for submissions.
· if there are no objections or appeals, and the council’s decisions include proposals that comply with the 10 per cent rule, the council’s proposals stand and are implemented
· if there are objections or appeals, they are forwarded to the Local Government Commission for a decision.
8. In 2017 the Governing Body endorsed a process for the review of Auckland Council’s representation arrangements for the 2019 elections that was then recommended to local boards. Local board feedback, which was generally supportive of the proposed process, was reported back to the Governing Body in December 2017.
9. The Governing Body, after considering local board feedback, made the following decision:
“That the Governing Body:
a) receive the feedback from local boards.
b) note the mayor’s appointments to the Joint Governance Working Party as follows:
Cr Cathy Casey (Central), Cr Linda Cooper (West), Cr Daniel Newman (South), Cr Wayne Walker (North), Angela Dalton (South), Phelan Pirrie (Rural North), Richard Northey (Central) and Shane Henderson (West).
c) approve the draft terms of reference for the Joint Governance Working Party for inclusion in the Auckland Council Committee Terms of Reference.
d) approve the following process for conducting the review of representation arrangements:
i) the Joint Governance Working Party will develop Auckland Council’s initial review of representation arrangements and present it to local boards and the Governing Body for comments before the Governing Body makes the statutory resolution for public notification for submissions.
ii) the Joint Governance Working Party will conduct the hearing of submissions and report its findings to local boards and the Governing Body before the Governing Body makes the final statutory resolution on any representation changes, which will then be publicly notified for objections and appeals.
iii) the Governing Body will review the process for hearing submissions under (ii) at the time the initial proposals for change are known.”
10. The process for hearing submissions is considered later in this report under ‘Next steps’.
11. For Governing Body representation, it is possible to review (for members other than the mayor):
· whether members are elected by ward or at-large or by a mixture
· if by ward, the number of wards, names, boundaries and number of members for each ward.
12. For the representation of each local board it is possible to review:
· the number of members for the local board
· whether members are elected by subdivision or at-large or by a mixture
· if by subdivision, the number of subdivisions, names, boundaries and number of members for each subdivision
· the name of the local board.
13. The Act requires the council to take into account:
· the effective representation of communities of interest
· fairness of representation.
14. Other provisions in the Act include:
· that ward boundaries should align with local board boundaries as far as is practicable
· that boundaries must align with mesh-block boundaries
· when the council gives public notice of its proposal it needs to give reasons for any changes from the 2016 elections.
15. The concept of effective representation of communities of interest includes the division of a total area into smaller wards (for territorial local authorities), subdivisions (for local boards), constituencies (for regional councils) or electorates (for parliament), to achieve a spread of representation through the area which ensures the various communities of interest are effectively represented.
16. There is no definition of ‘community of interest’ in the Act. The Local Government Commission, in its guidelines, identifies three dimensions for recognising communities of interest:
· perceptual: a sense of belonging to an area or locality
· functional: the ability to meet the community’s requirements for services
· political: the ability to represent the interests and reconcile conflicts of the community.
17. The concept of fairness means that the ratio of population to elected member for wards, in the case of the governing body, and subdivisions, in the case of local boards, should not vary significantly across the region or local board area respectively. The legislation allows for a variance of up to 10 per cent. This is referred to in this report as the ‘10 per cent rule’. The legislation further allows the council to not comply if compliance would result in splitting communities of interest or joining disparate communities of interest. The final decision on a proposal to not comply is made by the Local Government Commission.
18. A practical consideration is the distribution of voting documents. Each voter receives a pack of voting documents which is relevant to that voter (the pack contains voting papers for the governing body positions and local board positions relevant to that voter). Misalignment of boundaries can create additional combinations of governing body and local board positions. This leads to additional cost in terms of voting documents. This reinforces the legal requirement for ward and local board boundaries to align as far as is practicable.
Tātaritanga me ngā tohutohu / Analysis and advice
19. For Governing Body arrangements, the Working Party has reviewed:
(i) whether any Governing Body members should be elected at large
(ii) whether wards should be larger in size
(iii) conversely, whether any double-member wards should become single-members wards
(iv) whether any wards which do not comply with the 10 per cent rule should have their boundaries amended so that they comply. The wards which do not comply with the 10 per cent rule are:
· Waitematā and Gulf ward
· Ōrākei ward
· Rodney ward
· Manurewa-Papakura ward.
20. The Royal Commission in 2009 proposed a total of 23 councillors with ten elected at-large, eight elected in four double-member urban wards, two single rural ward councillors, two elected by those on the Māori roll, one appointed by mana whenua.
21. The Government’s response to the Royal Commission in its report ‘Making Auckland Greater’ proposed 20 councillors with eight elected at-large and 12 single-member wards.
22. Parliament’s Select Committee, The Auckland Governance Legislation Committee, reported there was significant opposition to electing councillors at-large and felt that retaining the at-large councillors could reduce voter participation. The majority of members believed that replacing the at-large councillors with ward councillors would provide for better representation of the communities of interest in Auckland.
23. The Local Government Commission determined the current arrangements in 2010. There was considerable public interest and the Commission’s final determination followed 736 submissions on its first proposal.
24. The Working Party noted that this issue had been discussed as part of the Governance Framework Review and that the Governing Body had resolved against any members being elected at-large. Nevertheless, the Working Party looked into whether to propose that any councillor positions should be elected at-large. It considered a scenario of three councillors elected at-large. That would have the effect that each of the remaining 17 ward councillors would represent populations of 97,000, which are very large populations. The Rodney ward is already over-represented and this would get worse, though the under representation in the Waitematā and Gulf ward would be improved. A related issue with at-large positions is the cost of by-elections if a vacancy occurs. The Working Party confirmed the Governing Body’s position that all councillors should be elected by ward.
25. The Working Party considered whether wards should be larger than they are currently. It considered a scenario where the three south Auckland urban wards were combined into one ward for the purpose of electing six members. It noted:
i) the total ward population would be 468,000
ii) there is higher voter turnout in the Howick area than in the other areas currently represented by separate wards and so Howick would have the potential to drive election results with the effect that there might not be a spread of representation over all south Auckland communities
iii) voters would need to choose six candidates from a long list of candidates, making the election process more complicated
iv) a vacancy would cause a costly by-election
v) the cap on election expenses would increase.
26. The Working Party is not recommending that any wards are increased in size to elect a greater number of members.
27. The following table shows current single and double-member wards:
Single-member |
Double-member |
Rodney Waitematā Ōrākei Whau Maungakiekie-Tāmaki Franklin |
Albany North Shore Albert-Eden-Roskill Waitākere Howick Manukau Manurewa-Papakura |
28. The Working Party considered whether any double-member wards should be split into single-member wards. It noted that wards and local boards should both be based on communities of interest and if double-member wards are split, the split should align with local board boundaries.
29. The only double-member ward which can be split in this way is the Manukau ward. Splitting the other double-member wards results in single-member wards which do not comply with the 10 per cent rule.
30. The relevant matters to consider include the effective representation of communities of interest. Auckland Council wards are very large compared to wards of other councils, having a population on average of 82,860 per councillor. A double-member ward has approximately 160,000 population.
31. One advantage of creating single-member wards is more effective representation and engagement with the community in each ward because each councillor has a smaller area as a constituency. This needs to be balanced against any negative effects on communities of interest.
32. Splitting the Manukau ward would create a Māngere-Ōtāhuhu ward and an Ōtara -Papatoetoe ward. Both wards are already deemed to be communities of interest in terms of their respective local boards.
33. Within the combined Ōtara -Papatoetoe area the communities of Papatoetoe and Ōtara share many similarities but also have some differences. For example, Papatoetoe has a different ethnic composition to Ōtara and is larger in population. Both communities are lower socio-economic communities, but Ōtara has more population in the top deprivation index category, and in this respect is more like parts of Māngere than Papatoetoe.
34. The Working Party considered splitting the Manukau ward on two occasions – initially the majority of members agreed to recommend no change, but the Working Party reconsidered its position following the Governing Body workshop. The Working Party recommends that the Manukau ward is split. This will provide more effective representation with each councillor having a smaller area of focus. The smaller areas within the Ōtara-Papatoetoe ward have guaranteed representation at the local level through local board subdivisions.
35. Based on statistics provided by the Local Government Commission (being a 2017 estimate) the following table displays population ratios. The Waitematā and Gulf ward, Ōrākei Ward, Rodney ward and Manurewa-Papakura ward do not comply with the 10 per cent rule.
Ward |
Population |
Members |
Population per member |
Difference from quota |
Per cent difference from quota |
Rodney Ward |
64,300 |
1 |
64,300 |
-18,560 |
-22.40 |
Albany Ward |
169,800 |
2 |
84,900 |
2,040 |
2.46 |
North Shore Ward |
156,800 |
2 |
78,400 |
-4,460 |
-5.38 |
Waitākere Ward |
176,500 |
2 |
88,250 |
5,390 |
6.50 |
Waitematā and Gulf Ward |
119,100 |
1 |
119,100 |
36,240 |
43.74 |
Whau Ward |
84,700 |
1 |
84,700 |
1,840 |
2.22 |
Albert-Eden-Roskill Ward |
172,200 |
2 |
86,100 |
3,240 |
3.91 |
Ōrākei Ward |
91,500 |
1 |
91,500 |
8,640 |
10.43 |
Maungakiekie-Tāmaki Ward |
79,700 |
1 |
79,700 |
-3,160 |
-3.81 |
Howick Ward |
150,200 |
2 |
75,100 |
-7,760 |
-9.37 |
Manukau Ward |
168,900 |
2 |
84,450 |
1,590 |
1.92 |
Manurewa-Papakura Ward |
148,900 |
2 |
74,450 |
-8,410 |
-10.15 |
Franklin Ward |
74,600 |
1 |
74,600 |
-8,260 |
-9.97 |
Total |
1,657,200 |
20 |
82,860 |
36. The Waitematā and Gulf ward varies from the average population to member ratio (the “quota”) by 43.74 per cent. To comply with the 10 per cent rule, the ward needs to lose population. The Working Party considered three options (Attachment E):
i) Option 1: the boundaries on both the east and west of the ward move inwards
ii) Option 2: the boundary on the east (with the Ōrākei ward) does not change and there is a greater change to the western boundary
iii) Option 3: the boundary on the west (with the Albert-Eden-Roskill ward) does not change and there is a greater change in the boundary on the east (with more of Waitematā and Gulf ward being transferred to the Ōrākei ward).
37. The Working Party is recommending option 1. The other options have greater flow-on effects to neighbouring wards. Option 1 affects the following communities:
· the communities of Parnell and Newmarket will become part of the Ōrākei ward
· the communities in Westmere and west of Surrey Crescent will become part of the Albert-Eden-Roskill ward
· the community in Eden Terrace, south of the motorway, will become part of the Albert-Eden-Roskill ward.
38. These changes will have consequential effects in neighbouring wards for those wards to comply with the 10 per cent rule:
· parts of Ellerslie and St Johns, currently in the Ōrākei ward, will become part of the Maungakiekie-Tāmaki ward
· part of Mt Roskill currently in the Albert-Eden-Roskill ward will become part of the Whau ward
· part of an area close to Royal Oak and Onehunga, currently in the Maungakiekie-Tāmaki ward will become part of the Albert-Eden-Roskill ward.
39. There are no effects on local board boundaries as these cannot be changed under the process for the review of representation arrangements.
40. The following table shows the effect of this option on populations in terms of the 10 per cent rule:
Ward |
Per cent difference from quota |
Waitematā and Gulf Ward |
9.22 |
Whau Ward |
9.58 |
Albert-Eden-Roskill Ward |
10.07 |
Ōrākei Ward |
10.91 |
Maungakiekie-Tāmaki Ward |
10.43 |
41. The Working Party considered formal feedback from local boards and a written report by the member for the Waitematā and Gulf ward, Councillor Mike Lee.
42. The Ōrākei Local Board has made proposals that modify the option supported by the Working Party. Parnell becomes part of Ōrākei. The board notes that Parnell shares a common boundary with Hobson Bay. However, it believes that Newmarket should stay within the Waitematā and Gulf ward because it shares characteristics with Grafton and the CBD. Further, it states that the areas of St Johns and Colin Maiden Park that are proposed to become part of the Maungakiekie-Tāmaki ward, have more of a community of interest with Ōrākei than Maungakiekie-Tāmaki.
43. Other local boards located within the areas of the affected wards supported Option 1:
· Waitematā Local Board
· Albert-Eden Local Board
· Maungakiekie-Tāmaki Local Board
44. The Puketāpapa Local Board did not comment on the option.
45. Councillor Mike Lee has recommended the status quo:
i) He notes the requirement for fair representation in the Act, which refers to ensuring “…that the electors of the ward or constituency or subdivision receive fair representation, having regard to the population…” Councillor Lee points out that the ratio of electors to population in the Waitematā and Gulf ward is very low (if not the lowest in the country) and if fairness of representation is in respect to electors, then basing fairness on population in the Waitematā and Gulf ward is not appropriate.
ii) He also refers to various aspects of Auckland’s governance arrangements that make Auckland Council unique and that the arrangements that were set in place by the Local Government Commission for the establishment of Auckland Council in 2010 should not be interfered with.
iii) He notes that changing the ward boundaries will lead to a misalignment with local board boundaries and consequential additional election costs through having to publish different versions of voting documents
iv) Councillor Lee also notes the ability under the Act to not comply with the 10 per cent rule if compliance would lead to splitting communities of interest. He maintains that the Working Party’s recommendation would lead to splitting communities of interest.
46. The variance of the ward from the quota is 43.74 per cent and this will continue to grow as population increases. Although the legislation provides the ability to not comply with the 10 per cent rule, it is not likely that the Local Government Commission would accept this degree of non-compliance – though this is their discretion.
47. We reviewed several previous determinations of the Commission. The highest variance that has been accepted by the Commission appears to be -61.47 per cent in Christchurch for Banks Peninsula. In that case, it was clear that Banks Peninsula did not form a community of interest with any of the urban wards in Christchurch. A variance of -55.48 per cent was accepted for Fiordland in the Southland Regional Council area for similar reasons. However, other variances that have been accepted have been 20 per cent or less.
48. The Working Party considered the views of the local boards and Councillor Lee and confirmed its preference for Option 1.
49. The Rodney ward is over-represented by -22.40 per cent and to comply it needs to expand its boundaries.
50. The Working Party considered options for increasing the population of the ward by expanding its boundaries.
51. An option that would provide sufficient population moves the area that includes Orewa to Waiwera into the Rodney ward and out of the Albany ward. The Working Party has rejected that option on the basis that it would split the community of interest that those places have with the Hibiscus Coast.
52. Another option is to move the southern boundary of the Rodney ward southwards. However, this option moves communities into Rodney which are south-facing rather than north-facing. These communities would tend to go south for work and retail shopping purposes rather than go north.
53. The Working Party noted:
· compliance with the 10 per cent rule would split communities of interest or join disparate communities of interest
· a variance of -22 per cent is likely to be acceptable to the Commission, and it is gradually improving over time as population in Rodney increases
· there is a legislative requirement for ward boundaries and local board boundaries to align as far as is practicable
· the current Rodney ward boundaries were established by the Local Government Commission.
54. The Working Party recommends the council propose the status quo for the Rodney ward.
55. The Manurewa-Papakura ward is over-represented by -10.15 per cent and to comply it needs to expand its boundaries.
56. The ward cannot be expanded southwards as this would take population from the Franklin ward.
57. The Working Party considered two options for expanding the northern boundary. One option moves the boundary on the western side of the motorway northwards from SH20 to Cavendish Drive in the Manukau City Centre.
58. The other option moves the northern boundary on the eastern side of the motorway, currently along the Redoubt Road ridge, northwards.
59. The Working Party noted:
· the variance is only marginally over 10 per cent
· the communities north of Redoubt Road do not have a community of interest with Manurewa-Papakura
· the Ōtara -Papatoetoe Local Board has provided feedback that it considers SH20 to be the obvious northern boundary on the western side of the motorway
· there is a legislative requirement for ward boundaries and local board boundaries to align as far as is practicable.
60. The Working Party recommends the council propose the status quo for the Manurewa-Papakura ward.
61. The table below summarises the arrangements for wards for the 2019 election with the above proposals:
Ward |
Population (2017 Est.) |
Members |
Population per member |
Difference from quota |
Per cent difference from quota |
Rodney Ward |
64,300 |
1 |
64,300 |
-18,560 |
-22.40 |
Albany Ward |
169,800 |
2 |
84,900 |
2,040 |
2.46 |
North Shore Ward |
156,800 |
2 |
78,400 |
-4,460 |
-5.38 |
Waitākere Ward |
176,500 |
2 |
88,250 |
5,390 |
6.50 |
Waitematā and Gulf Ward |
90,500 |
1 |
90,500 |
7,640 |
9.22 |
Whau Ward |
90,800 |
1 |
90,800 |
7,940 |
9.58 |
Albert-Eden-Roskill Ward |
182,400 |
2 |
91,200 |
8,340 |
10.07 |
Ōrākei Ward |
91,900 |
1 |
91,900 |
9,040 |
10.91 |
Maungakiekie-Tāmaki Ward |
91,500 |
1 |
91,500 |
8,640 |
10.43 |
Howick Ward |
150,200 |
2 |
75,100 |
-7,760 |
-9.37 |
Māngere-Ōtāhuhu Ward |
81,100 |
1 |
81,100 |
-1,760 |
-2.12 |
Ōtara-Papatoetoe Ward |
87,800 |
1 |
87,800 |
4,940 |
5.96 |
Manurewa-Papakura Ward |
148,900 |
2 |
74,450 |
-8,410 |
-10.15 |
Franklin Ward |
74,600 |
1 |
74,600 |
-8,260 |
-9.97 |
Total Auckland |
1,657,200 |
20 |
82,860 |
|
62. A presentation on the review was discussed at local board workshops. Following this, all local boards considered a formal report, which described representation issues for both the Governing Body and local boards and resolved their formal feedback (Attachment A). The Working Party received the local board feedback which has guided their recommendations on local board issues.
63. The following table provides the population for each local board and the number of board members:
Board |
Population |
Members |
Population per member |
Rodney |
64,300 |
9 |
7,144 |
Hibiscus and Bays |
104,500 |
8 |
13,063 |
Upper Harbour |
65,300 |
6 |
10,883 |
Kaipātiki |
94,000 |
8 |
11,750 |
Devonport-Takapuna |
62,800 |
6 |
10,467 |
Henderson-Massey |
122,300 |
8 |
15,288 |
Waitākere Ranges |
54,200 |
6 |
9,033 |
Great Barrier |
1,000 |
5 |
200 |
Waiheke |
9,630 |
5 |
1,926 |
Waitematā |
108,500 |
7 |
15,500 |
Whau |
84,700 |
7 |
12,100 |
Albert-Eden |
109,200 |
8 |
13,650 |
Puketāpapa |
63,000 |
6 |
10,500 |
Ōrākei |
91,500 |
7 |
13,071 |
Maungakiekie-Tāmaki |
79,700 |
7 |
11,386 |
Howick |
150,200 |
9 |
16,689 |
Māngere-Ōtāhuhu |
81,100 |
7 |
11,586 |
Ōtara-Papatoetoe |
87,800 |
7 |
12,543 |
Manurewa |
94,500 |
8 |
11,813 |
Papakura |
54,500 |
6 |
9,083 |
Franklin |
74,600 |
9 |
8,289 |
Total |
1,657,330 |
64. There is no legal requirement that the number of members should be proportional to the size of population, but clearly, the more populous areas have more members than those with less population.
65. There are no recommendations to change the number of local board members on any local board.
66. The Great Barrier Local Board has proposed that its name changes to Aotea Great Barrier Local Board. The change of name reflects the intended re-naming of Great Barrier Island after the settlement with Ngāti Rehua - Ngātiwai ki Aotea.
67. This is supported by the Working Party. There are no other proposals for name changes.
68. The following boards do not have subdivisions:
· Upper Harbour
· Kaipātaki
· Devonport-Takapuna
· Henderson
· Waitakere Ranges
· Waitematā
· Ōrākei
· Whau
· Puketāpapa
· Māngere-Ōtāhuhu
· Manurewa
· Papakura
· Great Barrier
· Waiheke
69. For those boards with subdivisions, the following shows population in relation to the 10 per cent rule:
Local board |
Population |
Members |
Pop per member |
Difference from quota |
% Diff from quota |
Rodney Local Board |
|||||
Wellsford Subdivision |
6,380 |
1 |
6,380 |
-763 |
-10.69 |
Warkworth Subdivision |
20,700 |
3 |
6,900 |
-243 |
-3.41 |
Kumeu Subdivision |
29,700 |
4 |
7,425 |
282 |
3.94 |
Dairy Flat Subdivision |
7,510 |
1 |
7,510 |
367 |
5.13 |
Total |
64,290 |
9 |
7,143 |
||
Hibiscus and Bays Local Board |
|||||
Hibiscus Coast Subdivision |
53,300 |
4 |
13,325 |
263 |
2.01 |
East Coast Bays Subdivision |
51,200 |
4 |
12,800 |
-263 |
-2.01 |
Total |
104,500 |
8 |
13,063 |
||
|
|
|
|
|
|
Albert-Eden Local Board |
|||||
Owairaka Subdivision |
53,800 |
4 |
13,450 |
-200 |
-1.47 |
Maungawhau Subdovision |
55,400 |
4 |
13,850 |
200 |
1.47 |
Total |
109,200 |
8 |
13,650 |
||
Maungakiekie-Tāmaki Local Board |
|||||
Maungakiekie Subdivision |
31,200 |
3 |
10,400 |
-971 |
-8.54 |
Tāmaki Subdivision |
48,400 |
4 |
12,100 |
729 |
6.41 |
Total |
79,600 |
7 |
11,371 |
||
Local board |
Population |
Members |
Pop per member |
Difference from quota |
% Diff from quota |
Howick Local Board |
|||||
Pakuranga Subdivision |
45,800 |
3 |
15,267 |
-1,422 |
-8.52 |
Howick Subdivision |
45,900 |
3 |
15,300 |
-1,389 |
-8.32 |
Botany Subdivision |
58,500 |
3 |
19,500 |
2,811 |
16.84 |
Total |
150,200 |
9 |
16,689 |
||
|
|
|
|
|
|
Ōtara-Papatoetoe Local Board |
|||||
Papatoetoe Subdivision |
51,600 |
4 |
12,900 |
343 |
2.73 |
Ōtara Subdivision |
36,300 |
3 |
12,100 |
-457 |
-3.64 |
Total |
87,900 |
7 |
12,557 |
||
Franklin Local Board |
|||||
Waiuku Subdivision |
15,350 |
2 |
7,675 |
-619 |
-7.47 |
Pukekohe Subdivision |
35,900 |
4 |
8,975 |
681 |
8.20 |
Wairoa Subdivision |
23,400 |
3 |
7,800 |
-494 |
-5.96 |
Total |
74,650 |
9 |
8,294 |
Note: any discrepancies between local board totals in this table and the previous table are due to rounding protocols being different when analysing populations under 10,000 (where rounding is to the nearest ten rather than the nearest one hundred).
70. There are two subdivisions that do not comply:
· Botany subdivision of the Howick Local Board (at 16.84 per cent, which needs to lose population)
· Wellsford subdivision of the Rodney Local Board (at -10.69 per cent, which is addressed in response to a suggestion to change the Warkworth subdivision boundaries).
Botany subdivision of the Howick Local Board
71. The Botany subdivision needs to lose population to comply. This requires the boundaries of the Pakuranga and / or Howick subdivisions to move southwards. The southern boundary of the Howick subdivision is already close to the Botany Town Centre. Moving it further south encompasses communities who would likely pursue their retail activities at Botany Town Centre rather than at the Howick town centre and who would likely identify more with Botany than Howick.
72. An option considered by the Howick Local Board was to move the Golflands areas into the Howick subdivision and the Burswood area into the Pakuranga subdivision, but the Burswood area is physically separated from Pakuranga by the Pakuranga Creek.
73. The Howick Local Board has recommended that the council should propose the status quo, noting there is continuing growth in the Botany area, and that the council should consider all options for Howick Local Board representation arrangements at a future review.
74. The Working Party supports this recommendation.
75. A submission has been received from a resident, Mr Grant Kirby, living near the Kaipara Harbour, pointing out that the Warkworth subdivision extends from coast to coast. Mr Kirby was a former chair of the Local Government Commission. The submission states that the area alongside the Kaipara Harbour does not share a community of interest with Warkworth and suggests extending the Kumeu subdivision boundary northwards, to follow the Helensville electorate boundary.
76. Maps showing current subdivisions, the option of extending the Kumeu subdivision northwards and an option of extending the Wellsford subdivision southwards, are contained in Attachment F. Both options result in subdivisions that comply with the 10 per cent rule.
77. The Rodney Local Board has recommended extending the Wellsford subdivision south on the Kaipara side as well as a boundary adjustment at Matakana Road.
78. The subdivision populations comply with the 10 per cent rule, as follows:
Subdivision |
Population (2017 Est.) |
Members |
Population per member |
Difference from quota |
Per cent difference from quota |
Dairy Flat Subdivision |
7,510 |
1 |
7,510 |
367 |
5.13 |
Kumeu Subdivision |
29,700 |
4 |
7,425 |
282 |
3.94 |
Warkworth Subdivision |
20,200 |
3 |
6,733 |
-410 |
-5.74 |
Wellsford Subdivision |
6,870 |
1 |
6,870 |
-273 |
-3.83 |
Rodney Local Board Total |
64,290 |
9 |
7,143 |
|
|
79. The Working Party supports these recommendations.
80. The Waitematā Local Board, which does not currently have subdivisions, was invited to comment on a proposal for a central Waitematā subdivision. The local board has stated that it represents the various communities within its area well and subdivisions for the Waitematā Local Board are not required to ensure effective representation of communities of interest.
81. The Upper Harbour Local Board, which does not currently have subdivisions, was invited to comment on a proposal that it should have subdivisions to ensure a spread of representation. The current spread of population in the local board area does not permit subdivision boundaries along recognisable community or physical lines. Staff provided an option with three subdivisions which complied with the 10 per cent rule using the current number of board members for consideration by the board. The board resolved that consideration of establishing subdivisions is deferred to the next review when the population in the western part of the local board area will have increased.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te
poari ā-rohe /
Local impacts and local board views
82. Local boards have supported a process where the Working Party develops the Auckland Council proposal for presentation to the Governing Body. The Working Party has joint local board and Governing Body representation. The Governing Body makes the Auckland Council resolution required by the legislation which will be notified for public submissions.
83. All local boards have had workshops on the review, received a formal report and made formal resolutions providing their feedback.
84. Following the closing date for submissions the Governing Body must make the final statutory resolution within six weeks. The Working Party will consider submissions. For the Working Party to liaise effectively with local boards, the local boards have delegated authority to the chair or another member to represent the board’s views on the review should the Working Party seek further engagement with and/or feedback from the board prior during the consideration of submissions following public notification.
Tauākī whakaaweawe Māori / Māori impact statement
85. The Act provides for councils to establish Māori wards for electing governing body members.
86. The Auckland Council Governing Body has previously considered this aspect of its representation arrangements. A resolution to establish a Māori ward was required by 23 November 2017. The Governing Body supported the creation of a Māori ward in principle but decided not to proceed further until it could increase the number of Governing Body members.
87. There is no similar provision for local board elections. The process for electing local board members is the same for all.
Ngā ritenga ā-pūtea / Financial implications
88. The review process is supported in-house. There will be costs associated with public notices and a payment to the Local Government Commission for preparing plans of boundaries and having them certified by the Surveyor-General. These costs will be met from existing budgets.
Ngā raru tūpono / Risks
89. The legislation requires deadline dates for certain decisions and public notification. Auckland Council has the greatest number of governance entities in the country (one governing body and twenty-one local boards). The biggest risk to the review is not meeting the statutory deadlines due to the need to involve all entities in the review.
Ngā koringa ā-muri / Next steps
90. The Working Party will hear and consider submissions after submissions have closed and develop final proposals for consideration by the Governing Body at its October meeting, when it will make its final statutory resolution for public notification.
91. The legislation requires public notification of council’s final proposal within six weeks of the date that submissions close. Within those six weeks, staff will analyse submissions for the Working Party. Submitters who request to be heard will be able to attend a hearing conducted by the Working Party. A report will then be written up for presentation to the Governing Body.
92. Some submissions may affect local boards. Each local board has authorised a person, usually the chairperson, to represent the board’s views. Every endeavour will be made to place relevant submissions before local board workshops for local board feedback or to get feedback from those who have been authorised by local boards, to report to the Working Party.
93. To meet the legislatively required timeline, the Governing Body will need to hold an extraordinary meeting to resolve its final proposal.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
Formal feedback from local boards |
71 |
b⇩ |
Report from the member for the Waitematā and Gulf ward |
87 |
c⇩ |
Proposed boundaries for the Waitematā & Gulf, Ōrākei, Maungakiekie-Tāmaki and Whau wards |
95 |
d⇩ |
Proposed boundaries for Rodney Local Board subdivisions |
97 |
e⇩ |
Options for Waitematā & Gulf ward |
99 |
f⇩ |
Options for Rodney Local Board subdivisions |
101 |
Ngā kaihaina / Signatories
Author |
Warwick McNaughton - Principal Advisor - Democracy Services |
Authorisers |
Marguerite Delbet - General Manager Democracy Services Phil Wilson - Governance Director Stephen Town - Chief Executive |
26 July 2018 |
|
Referred from the Audit and Risk Committee - Quarterly Health and Safety Performance Report
File No.: CP2018/12485
Te take mō te pūrongo / Purpose of the report
1. To receive the Quarterly Health and Safety Performance Report referred by the Audit and Risk Committee.
Whakarāpopototanga matua / Executive summary
2. At a meeting of the Audit and Risk Committee on 25 June 2018, it was resolved as follows:
Resolution number AUD/2018/39
MOVED by Member B Robertson, seconded by Mayor P Goff:
That the Audit and Risk Committee:
a) receive the quarter three report on the council’s health and safety performance.
b) refer this report to the Governing Body and draw elected members attention to the need to fulfil their duties under the Health and Safety at Work Act 2015.
c) note that this report will also be provided to all local boards for their information.
3. Clause b) of the above resolution refers the report to the Governing Body, in its role as the person or organisation conducting a business or undertaking and is in line with duties outlined in the Health and Safety at Work Act 2015.
4. The quarterly Health, Safety & Wellbeing Report is appended at Attachment A.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
25 June 2018 Original Quarterly Health and Safety Performance Report |
105 |
Ngā kaihaina / Signatories
Author |
Sarndra O'Toole - Team Leader Governance Advisors |
Authoriser |
Stephen Town - Chief Executive |
26 July 2018 |
|
Recommendations from the Regulatory Committee - Health and Hygiene Bylaw 2013 Statement of Proposal
File No.: CP2018/12751
Te take mō te pūrongo / Purpose of the report
1. To receive the recommendations from the Regulatory Committee and adopt the Health and Hygiene Bylaw 2013 Statement of Proposal.
Whakarāpopototanga matua / Executive summary
Resolution number REG/2018/51
MOVED by Chairperson L Cooper, seconded by Cr J Bartley:
That the Regulatory Committee:
a) note that this committee completed the statutory review of the Health and Hygiene Bylaw 2013 and:
i) determine a bylaw is still the most appropriate way to protect the public from health risks posed by services that contact the body
ii) determine the current Bylaw is not the most appropriate form of bylaw because it does not properly regulate certain services
iii) give directions to prepare amendments to the current Bylaw.
b) recommend the Governing Body adopt the statement of proposal in Attachment A of the agenda report for public consultation and confirm that the amended Bylaw contained within this attachment:
i) is the most appropriate form of bylaw
ii) does not give rise to any implications and is not inconsistent with the New Zealand Bill of Rights Act 1990.
c) recommend the Governing Body forward the statement of proposal in Attachment A of the agenda report to local boards and advisory panels for their views.
and
g) delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A of the agenda report to correct errors, omissions or to reflect decisions made by the Regulatory Committee or the Governing Body.
3. The original report to the Regulatory Committee is included in Attachment A.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
12 July 2018 Original Health and Hygiene Bylaw 2013 Statement of Proposal report to the Regulatory Committee |
151 |
Ngā kaihaina / Signatories
Author |
Sarndra O'Toole - Team Leader Governance Advisors |
Authoriser |
Stephen Town - Chief Executive |
Governing Body 26 July 2018 |
|
Link to HTML of report to the Regulatory Committee, 12 July 2018:
http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT_WEB.htm
Link to PDF of the report to the Regulatory Committee, 12 July 2018:
http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT.PDF
26 July 2018 |
|
Recommendations from the Regulatory Committee - Legacy On-site Wastewater Bylaws Statement of Proposal
File No.: CP2018/12752
Te take mō te pūrongo / Purpose of the report
1. To receive the recommendations from the Regulatory Committee and adopt the Legacy On-site Wastewater Bylaws Statement of Proposal.
Whakarāpopototanga matua / Executive summary
2. At its meeting of 12 July 2018, the Regulatory Committee considered the attached report and resolved as follows:
Resolution number REG/2018/52
MOVED by Chairperson L Cooper, seconded by IMSB Chair D Taipari:
That the Regulatory Committee:
a) note that this committee completed the statutory review of the legacy on-site wastewater bylaws and:
i) endorse the review findings determining that the legacy on-site wastewater bylaws are no longer needed as the Auckland Unitary Plan and existing legislation regulate on-site wastewater systems
ii) give directions to revoke the legacy on-site wastewater bylaws
b) recommend the Governing Body adopt the statement of proposal in Attachment A, for public consultation to confirm the revocation of the legacy on-site wastewater bylaws including:
i) all clauses of the Auckland City Council Bylaws: Bylaw No. 29 (Waiheke Wastewater Bylaw 2008) (i.e. the whole legacy bylaw)
ii) residual clauses of the North Shore City Bylaw 2000: Part 20 Wastewater
iii) residual clauses of the Rodney District Council General Bylaw 1998: Chapter 20 Wastewater Drainage
iv) residual clauses of the Papakura District Council Wastewater Bylaw 2008.
and
f) delegate authority through the Chief Executive to a manager responsible for bylaws to make any amendments to the statement of proposal in Attachment A of the agenda report to correct errors, omissions, or to reflect decisions made by the Regulatory Committee or Governing Body.
3. The original report to the 12 July 2018 Regulatory Committee is included in Attachment A.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
12 July 2018 Original Legacy On-site Wastewater Bylaws Statement of Proposal report to the Regulatory Committee |
155 |
Ngā kaihaina / Signatories
Author |
Sarndra O'Toole - Team Leader Governance Advisors |
Authoriser |
Stephen Town - Chief Executive |
Governing Body 26 July 2018 |
|
Link to PDF of report to the Regulatory Committee, 12 July 2018:
http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT.PDF
Link to HTML of report to the Regulatory Committee, 12 July 2018:
http://infocouncil.aucklandcouncil.govt.nz/Open/2018/07/REG_20180712_AGN_6982_AT_WEB.htm
26 July 2018 |
|
Governing Body's Forward Work Programme
File No.: CP2018/07795
Te take mō te pūrongo / Purpose of the report
1. To approve the Governing Body’s forward work programme.
Whakarāpopototanga matua / Executive summary
2. The forward work programme identifies areas of work on which the Governing Body has to make a decision. It is in line with the forward work programmes of the other committees of the whole.
3. Projects are briefly described and identified as requiring either decision or direction. Where possible, likely timeframes for the projects coming before the Governing Body have also been identified.
4. The forward work programme will be updated and reported monthly for information as part of the summary of information report.
5. Staff recommend that the forward work programme be reviewed in December 2018 and July 2019.
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
Governing Body's Forward Work Programme |
159 |
Ngā kaihaina / Signatories
Author |
Sarndra O'Toole - Team Leader Governance Advisors |
Authorisers |
Marguerite Delbet - General Manager Democracy Services Phil Wilson - Governance Director Stephen Town - Chief Executive |
Governing Body 26 July 2018 |
|
GOVERNING BODY FORWARD WORK PROGRAMME 2016 – 2019 TERM The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee |
The Mayor may require any matter that would otherwise be reported to a committee, to be reported to the Governing Body. If that matter is already on a published agenda for a committee meeting, that meeting will not consider that matter unless invited by the mayor to make a recommendation to the Governing Body. |
Lead |
Area of work |
Reason for work |
Governing Body role (decision or direction) |
Budget/ Funding |
Expected timeframes Highlight financial year quarter and state month if known |
|||
FY18/19 |
||||||||
Jul-Sep 26 Jul 23 Aug 27 Sep |
Oct-Dec 25 Oct 22 Nov 13 Dec |
Jan-Mar 28 Feb 28 Mar |
Apr-Jun 2 May 30 May 27 Jun |
|||||
Chief Financial Office |
Annual Plan |
The Local Government Act 2002 requires each local authority to consult on and adopt a long term plan every three years. In each intervening year local authorities are required to consult the community on any significant or material changes to the relevant year of the long term plan through the Annual Budget consultation document. Legislation also requires that the council’s consultation document include a summary of key matters from Local Board Agreements and the Draft Tūpuna Maunga Authority Operational Plan for the Annual Plan year. |
Adopt consultation document and supporting material Approve Annual Plan
|
|
Q1 |
Q2 |
Q3 |
Q4 (Jun) |
Chief Operating Office |
Americas Cup 2021 |
Location, infrastructure and funding |
Approve preferred location Agree strategy for progressing resource consent applications
Progress to Date: Report considered 14/12/17 and approval of Wynyard Basin option GB/2017/172 and agreed single hearing process through direct referral Report and revised decision and approval of Wynyard Hobson proposal 29/3/18 GB/2018/63 |
|
Q1 |
Q2 |
Q3 |
Q4 |
|
City Rail Link |
Construction of the City Rail Link in the central city |
Approve City Rail Link Heads of Agreement Note any matters raised by the Audit and Risk Committee about the project
Progress to Date: Heads of Agreement approved 14/9/16 Conf Appoint chair of City Rail Link 15/12/16 Conf Note sponsors agreement and establishment of new entity City Rail Link Limited 29/6/17 Conf |
|
Q1 |
Q2 |
Q3 |
Q4 |
Chief Financial Office |
Annual Report |
Statutory requirement |
Adopt Annual Report |
|
Q1 27 Sep |
Q2 |
Q3 |
Q4 |
Governance |
Review of Code of Conduct |
The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions |
Adopt new Elected Members Code of Conduct
Progress to Date: Initial report was considered 22/2/18 Approval 22/2/18 for review GB/2018/37 Workshop – 15 March 2018
|
|
Q1 |
Q2 |
Q3 |
Q4 |
Governance |
Representation Review |
The Local Electoral Act 2001 requires all local authorities to undertake a review of representation arrangements at least once every six years. Auckland Council is required to undertake a review for the 2019 elections. Council’s decision must be issued no later than 11 April 2019. |
Approve the process for conducting the review of representation arrangements Approve final decision
Progress to Date: Report and approval of process 14/12/17 GB/2017/175
|
|
Q1 |
Q2 |
Q3 |
Q4 |
Financial Strategy and Planning |
Contributions Policy |
The Local Government Act requires Council to review the policy every three years. Consultation and adoption must be done by 1 July 2018 |
Adopt policy
Progress to Date: Agree to consultation 30/4/18 GB/2018/79 Agree extension until new policy in place 27/6/18 GB/2018/96
|
|
Q1 |
Q2 |
Q3 |
Q4 |
Mayoral Office Governance |
Terms of Reference |
The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels. Any changes to the Terms of Reference must be done by the Governing Body. |
Adopt the Terms of Reference Adopt changes to Terms of Reference
Progress to Date: Initial adoption 1/11/16 GB/2016/237 Review report 14/12/17 GB/2017/177 Review after by-election 22/3/17 GB/2018/57 Amend Appointments, Performance Review and Value for Money 19/4/19 GB/2018/71 Amend because of disestablishment of ACIL 26/7/18 |
|
Q1 |
Q2 |
Q3 |
Q4 |
Governance |
Accountability Review of council-controlled organisations |
The accountability review are to increase the accountability and value for money of CCOs by: • increasing the transparency of CCO decision-making • increasing the responsiveness of CCOs to the public and council • improving the recognition of ratepayer funding for CCO activity • increasing the ability to align CCOs to the direction set by the council. Reporting on a quarterly basis |
Approve objectives as basis of review Approve scope and timing
Progress to Date: Approve objectives, scope and timing 23/2/17 GB/2017/17 Memorandum 9/4/18 to councillors with an update
|
Within timelines and budgets |
Q1 |
Q2 |
Q3 |
Q4 |
Governance |
Independent Māori Statutory Board funding |
The Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board (IMSB) board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2, clause 20, sub-clause 1, LGACA) |
Approve 2019/2020 funding agreement |
|
Q1 |
Q2 |
Q3 |
Q4 |
People and Performance |
Health, Safety and Wellbeing |
The Governing Body has the role of the person or organisation conducting a business or undertaking. |
Receive the quarterly Health, Safety and Wellbeing Report
Progress to Date: March report received GB/2018/55 June report received |
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Q1 (Sep) |
Q2 (Dec) |
Q3 (Mar) |
Q4 (Jun) |
Social Policy and Bylaws |
Public Safety and Nuisance Bylaw Review |
Legislative requirement to review bylaw within five years. Committee resolution to “commence the review of the Public Safety and Nuisance Bylaw 2013 at an early date”. |
Approve statement of proposal. # Make/Amend/Revoke the bylaw. # public notification is required for bylaw reviews even if no change to the bylaw is recommended. Length of time required to draft the statement of proposal will depend on the scope of amendments requested following the review findings.
|
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
Social Policy and Bylaws |
Dog management Bylaw and Policy on Dogs |
Legislative requirement to review the bylaw and policy after five years. |
Approve statement of proposal # Make/Amend/Revoke the bylaw. # public notification is required for bylaw reviews even if no change to the bylaw is recommended. |
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
Social Policy and Bylaws |
Health and Hygiene Bylaw |
Legislative requirement to review the bylaw and policy after five years. |
Approve statement of proposal # Make/Amend/Revoke the bylaw. # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Progress to Date: Approve the statement of proposal |
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
Social Policy and Bylaws |
Solid Waste Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Approve statement of proposal # Make/Amend/Revoke the bylaw. # public notification is required for bylaw reviews even if no change to the bylaw is recommended. |
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
Social Policy and Bylaws |
On-site Wastewater Bylaw |
Legislative requirement to review legacy bylaws by 31 October 2020. |
Approve statement of proposal # Make/Amend/Revoke the bylaw. # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Progress to Date: Approve the statement of proposal |
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
Social Policy and Bylaws |
Signage Bylaw |
Legislative requirement to review the bylaw and policy after five years. |
Approve statement of proposal # Make/Amend/Revoke the bylaw. # public notification is required for bylaw reviews even if no change to the bylaw is recommended. |
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
Social Policy and Bylaws |
Alcohol Control Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Approve statement of proposal # Make/Amend/Revoke the bylaw. # public notification is required for bylaw reviews even if no change to the bylaw is recommended. |
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
Social Policy and Bylaws |
Freedom Camping |
Explore the need for and options for regulating freedom camping in Auckland Regulatory response may be required following completion of research and pilot |
If regulatory response required: Approve statement of proposal Make the bylaw |
Review is within current baselines. Funding proposals will be required for any recommendations that require capital or operational upgrades. |
Q1 |
Q2 |
Q3 |
Q4 |
Mayoral Office |
Mayoral Housing Taskforce Steering Group |
Oversee the progress and implementation of the June 2017 Mayoral Housing Taskforce report. |
Setup, agree and approve membership of group Receive six-monthly updates
Progress to Date: Taskforce setup 27/7/17 GB/2017/79 Memorandum 9/4/18 to councillors updating progress |
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Q1 |
Q2 |
Q3 |
Q4 |
Governance |
Te Tiriti o Waitangi / Treaty of Waitangi |
The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views. The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body. |
Approve submissions to the Crown as and when required Approve establishment and on-going implementation of co-management and other governance arrangements |
|
Q1 |
Q2 |
Q3 |
Q4 |
Governance |
Advisory Panels |
The Governing Body appoints members to advisory panels, as required. |
Approve appointments to advisory panels |
Within current baselines. |
Q1 |
Q2 |
Q3 |
Q4 |
COMPLETED |
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Governance |
2018 Local Government New Zealand Conference and Annual General Meeting |
The Governing Body sends representatives to the conference and as delegates to the Annual General Meeting |
Appoint presiding delegate to Annual General Meeting Appoint three other delegates to Annual General Meeting Approve councillors to attend conference
Progress to Date: Report was considered 22/3/18 Approved the above GB/2018/47
|
Q3 FY17/18 |
Q4 |
Q1 |
Q2 |
|
People and Performance |
Remuneration Policy |
The current Remuneration Policy was adopted in 2014. The policy provides high-level guidance for all remuneration decisions made by the council. The policy is also supported by operational guidelines and policies. Under the Local Government Act 2002 (Schedule 7, section 36A) the policy must be reviewed every three years. |
Approve the change to the policy.
Progress to Date: Report considered 22/3/18 Approved 22/3/18 GB/2018/42 |
Q3 FY17/18 |
Q4 |
Q1 |
Q2 |
|
Chief Planning Office |
Auckland Plan Refresh |
The Auckland Plan was approved in 2012 and a commitment made to a refresh within six years. A refresh will ensure that the Auckland Plan remains current and will inform Long-term Plan 2018-2028 prioritisation and budget decisions. |
Approve refresh of Auckland Plan
Progress to Date: Various workshops throughout 2017/2018 Adopted summary information 21/2/18 GB/2018/25 Adopted by Planning Committee 6/5/18 PLA/2018/62
|
Q3 |
Q4 FY17/18 |
Q1 |
Q2 |
|
Chief Financial Office |
Long-term Plan 2018-2028 |
Statutory Process · Consultation process – including hearings for community to be heard and local board engagement meetings (Have Your Say events). Approach to communication of investments in local board areas to be considered · Elected members consideration of feedback · Decision-making for Long-term Plan 2018-2028 · Long-term Plan 2018-2028 adoption |
Adopt consultation document and supporting material Adopt Long Term Plan and set rates
Progress to Date: Various workshops throughout 2017/2018 Adopted consultation document and supporting material 21/2/18 GB/2018/24 Agree recommendation for adoption 31/5/18 GB/2018/91 Adoption 28/6/18 GB/2018/ |
Q3 |
Q4 FY17/18 |
Q1 |
Q2 |
|
Chief Financial Office |
Regional Fuel Tax Proposal |
Auckland Council consulted on its 10-year Budget 2018-2028 (LTP), part of which asked if there was support for a Regional Fuel Tax. A report on the consultation undertaken is required by legislation to be submitted to the Ministers of Transport and Finance. |
Approve a Regional Fuel Tax for Auckland
Progress to Date: Approved 31/5/18 GB/2018/90 |
Q3 |
Q4 FY17/18 |
Q1 |
Q2 |
|
Governance |
Advisory Panels |
The Governing Body appoints members to advisory panels, as required. |
Approve appointments to advisory panels
Progress to Date: Initial appointments to demographic panels 23/3/17 Conf Appointments to the Youth Advisory Panel 25/5/17 Conf Replacement members appointed to Youth Advisory Panel 22/3/18 Conf |
Q1 |
Q2 |
Q3 |
Q4 |
|
People and Performance |
Chief Executive’s Employment Review Process |
Under the Local Government Act 2002, a local authority Chief Executive is appointed for a five year term. Schedule 7 of the Act gives the option of a two year extension if Council undertakes a formal employment review at least six months before the expiry of the current contract. The Governing Body is responsible for the review. |
Approve performance objectives Agree to the review of the chief executive performance before 30 June 2018 Delegate the review if desired Decision on chief executives contract
Progress to Date: Objectives approved and released 23/11/17 GB/2017/153 Process approved 19/4/18 GB/2018/71 Re-appointment confirmed 27/6/18 GB/2018/103 |
Q3 |
Q4 FY17/18 |
Q1 |
Q2 |
|
Governance |
Independent Maori Statutory Board funding |
The Local Government (Auckland Council) Act 2009 (LGACA) requires Auckland Council to meet the reasonable costs of the Independent Māori Statutory Board (IMSB) board’s operations, secretariat, the establishment of committees, and seeking and obtaining advice (Schedule 2, clause 20, sub-clause 1, LGACA) |
Approve 2018/2019 funding agreement
Progress to Date: Report received 27/6/18 and funding approved GB/2018/94 |
Q3 |
Q4 FY17/18 |
Q1 |
Q2 |
|
Governance |
Te Tiriti o Waitangi / Treaty of Waitangi |
The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views. The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body. |
Approve submissions to the Crown as and when required Approve establishment and on-going implementation of co-management and other governance arrangements
Progress to Date: Submission on Point England Development Enabling Bill 23/2/17 GB/2017/8 Submission on Ngāti Tamaoho Claims Settlements Bill 27/7/17 GB/2017/85 Report Upper Mangatangi-Mangarawhiri Catchments Co-governance Arrangements 24/8/17 GB/2017/99 Submission on Ngāi Tai ki Tāmaki Claims Settlement Bill 22/2/18 GB/2018/36 Open Report Te Akitai Waiohua – Treaty Settlement Redress Conf 19/4/18 GB/2018/69 Open Report Ngāti Paoa – Treaty settlement redress Conf 24/5/18 Open Report on Maungauika – transfer of administration 27/6/18 GB/2018/97 |
Q1 |
Q2 |
Q3 |
Q4 |
|
26 July 2018 |
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Summary of Governing Body information memos and briefings - 26 July 2018
File No.: CP2018/00243
Te take mō te pūrongo / Purpose of the report
1. To receive a summary and provide a public record of memos or briefing papers that may have been distributed to Governing Body members.
Whakarāpopototanga matua / Executive summary
2. This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memo-briefing or other means, where no decisions are required.
3. The following memos/responses were circulated to members:
· 4/7/18 – Accountability Review of Council-Controlled Organisations
· Auckland Tripartite Business Delegation to Los Angeles and Visit Report by Deputy Mayor Bill Cashmore, 22 – 25 May 2018
4. This document can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/
o at the top of the page, select meeting “Governing Body” from the drop-down tab and click “View”;
o under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.
5. Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Governing Body members should direct any questions to the authors.
Ngā tūtohunga / Recommendation/s That the Governing Body: a) receive the Summary of Governing Body information memos and briefings – 26 July 2018. |
Ngā tāpirihanga / Attachments
No. |
Title |
Page |
a⇩ |
Memo - Accountability Review of Council-controlled Organisations |
169 |
b⇩ |
Deputy Mayors Report on Tripartite Business Delegation and Visit Report to Los Angeles, May 2018 |
185 |
Ngā kaihaina / Signatories
Author |
Sarndra O'Toole - Team Leader Governance Advisors |
Authoriser |
Stephen Town - Chief Executive |
Governing Body 26 July 2018 |
|
Exclusion of the Public: Local Government Official Information and Meetings Act 1987
a)
a) exclude the public from the following part(s) of the proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.
This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:
C1 CONFIDENTIAL: City Rail Link: approval for change of project scope to provide additional future capacity (Covering report)
Reason for passing this resolution in relation to each matter |
Particular interest(s) protected (where applicable) |
Ground(s) under section 48(1) for the passing of this resolution |
The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |
s7(2)(b)(ii) - The withholding of the information is necessary to protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, the report contains costings and budgets which, if released, could damage City Rail Link Limited's ability to successfully conduct negotiations for the most important and valuable project contracts. |
s48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7. |