Agenda of Devonport-Takapuna Local Board

Devonport-Takapuna Local Board

16 October 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 6

8 Deputations 6

9 Public Forum 6

10 Extraordinary Business 6

11 Notices of Motion 7

12 Notice of Motion - Deputy Chairperson G Gillon - Parks and Reserves 9

13 Devonport-Takapuna Quick Response, Round One 2018/2019 grant applications 13

14 Auckland Regional Services Trust grants process and criteria 73

15 Auckland Transport monthly update - October 2018 79

16 Venue for Movies in Parks 2019 95

17 Review of the Code of Conduct 99

18 Local Board Services monthly report - October 2018 183

19 Draft Facility Partnership Policy 325

20 Auckland Tourism Events and Economic Development 1 January - 30 June 2018 update 415

21 Chairpersons' Report 427

22 Elected Members' Reports 429

23 Ward Councillors Update 431

24 Devonport-Takapuna Local Board - Record of Workshops September 2018 433

25 Governance Forward Work Calendar 441

26 Consideration of Extraordinary Items

PUBLIC EXCLUDED

27 Procedural Motion to Exclude the Public 447

C1 Sites and Places of Significance to Mana Whenua – Tranche 1: Plan Changes to the Auckland Unitary Plan (Operative in Part) and Auckland Council District Plan - Hauraki Gulf Islands Section 2018 447

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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i. A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member

ii. A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 18 September 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 Devonport-Takapuna 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.

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

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

Under Standing Order 2.5.1 a Notice of Motion has been received from Deputy Chairperson G Gillon for consideration under item 12.

No.	Title	Page
a ⇩	16 October 2018 - Devonport-Takapuna Local Board - Deputy Chairperson G Gillon - Notice of Motion - Parks and Reserves	11

Devonport-Takapuna Local Board

16 October 2018

Devonport-Takapuna Quick Response, Round One 2018/2019 grant applications

File No.: CP2018/18026

Te take mō te pūrongo / Purpose of the report

1. To fund, part-fund or decline applications received for Devonport-Takapuna Quick Response, Round One 2018/2019.

Whakarāpopototanga matua / Executive summary

2. This report presents applications received in Devonport-Takapuna Quick Response Round One 2018/2019 as set out in Attachment B.

3. The local board adopted the Devonport-Takapuna Grants Programme 2018/2019 on 17 April 2018 as set out in Attachment A. The document sets application guidelines for community contestable grants.

4. The local board has set a total community grants budget of $ 237,500 for the 2018/2019 financial year.

5. The Devonport-Takapuna Local Board has allocated $60,741.99 from the 2018/2019 grants budget for Local Grants Round One, leaving a total of $176,758.01 to be allocated to one local grants round and three quick response rounds.

6. Fifteen applications were received for Devonport-Takapuna Quick Response, Round One 2018/2019, requesting a total of $22,336.

Ngā tūtohunga / Recommendations

That the Devonport-Takapuna Local Board:

a) agree to fund, part-fund or decline each application in Devonport-Takapuna Quick Response, Round One, listed in Table One below:

App ID	Applicant	Project	Amount requested	Eligibility
QR1902-101	Claire Dunning	Towards the cost of rehearsal and performance venue hire, marketing, writer's fee, theatrical property, set and costume for the theatre production "Lovepuke" at the PumpHouse Theatre.	$1,000.00	Eligible
QR1902-118	The North Shore Theatre and Arts Trust	Towards the performance fees of the North Shore Chorale, community choir leader’s fee, printing of songbooks, marketing and promotion costs, venue technicians’ fees, ushers and speaker fees.	$1,350.00	Eligible
QR1902-119	The North Shore Theatre and Arts Trust	Towards the cost of the performance fees paid to “Toro Pikopiko Puppets” to present "Te Rerenga" Māori rock-art puppetry show for children.	$2,000.00	Eligible
QR1902-103	Devonport Peninsula Trust	Towards the purchase of a laptop, mobile phone, latest operating software, and teardrop banners.	$1,632.00	Eligible
QR1902-104	Age Concern North Shore Incorporated	Towards expenses for Club Gordon from 1 January 2019 to 31 December 2019.	$2,000.00	Eligible
QR1902-117	The Lake House Trust	Towards the cost of car-park lighting for the Lake House Arts Centre.	$1,366.00	Eligible
QR1902-122	Youthline Auckland Charitable Trust	Towards a portion of the helpline coordinators' salary between 1 December 2018 to 30 November 2019.	$2,000.00	Eligible
QR1902-109	Takapuna Play Centre Incorporated	Towards the arborist fee to carry out specialist tree work	$1,950.00	Eligible
QR1902-107	Northshore Rowing Club Incorporated	Towards the cost of first aid, waste management, security, and sound system for the "Bennett Shield Memorial Regatta".	$2,000.00	Eligible
QR1902-114	Lofty Ned under the umbrella of the Active Living Group	Towards the cost of the event's main stage, marquee and sound concert system for “The Devonport Christmas Festival Dance and Music in the Park”.	$2,000.00	Eligible
QR1902-111	North Harbour Triathlon Club Incorporated	Towards the website costs and the cost of producing newsletters between November 2018 to June 2019.	$900.00	Eligible
QR1902-112	The Scout Association of New Zealand - Sunnynook Scout Group	Towards the purchase and installation of a bike rack at the Sunnynook Park for the Sunnynook Scout Group.	$500.00	Eligible
QR1902-113	Milford Bowling Club Incorporated	Towards the purchase of a hot water unit for the Milford Bowling Club kitchen.	$985.00	Eligible
QR1902-116	Paul Cornish	Towards the cost of marketing materials such as flyers, road signs, and banners for the ‘Devonport Jets Run”.	$653.00	Eligible
QR1902-120	Forrest Hill Milford United Association Football Club Incorporated	Towards the skill centre coaches costs.	$2,000.00	Eligible
Total			$22,336.00

Horopaki / Context

6. The local board allocates grants to groups and organisations delivering projects, activities and services that benefit Aucklanders and contribute to the vision of being a world class city.

7. The Auckland Council Community Grants Policy supports each local board to adopt a grants programme.

8. The local board grants programme sets out:

· local board priorities

· lower priorities for funding

· exclusions

· grant types, the number of grant rounds and when these will open and close

· any additional accountability requirements.

9. The Devonport-Takapuna Local Board adopted their grants programme for 2018/2019 on 17 April 2018 and will operate three quick response and two local grants rounds for this financial year.

10. The community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletters, Facebook pages, council publications, radio, and community networks.

11. The local board has set a total community grants budget of $ 237,500 for the 2018/2019 financial year and will operate three quick response and two local grant rounds for this financial year. The first quick response round closed on 14 September 2018.

Tātaritanga me ngā tohutohu / Analysis and advice

12. The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. All applications have been assessed utilising the Community Grants Policy and the local board grant programme criteria. The eligibility of each application is identified in the report recommendations.

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

13. Local boards are responsible for the decision-making and allocation of local board community grants. The Devonport-Takapuna Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.

14. The board is requested to note that Section 48 of the Community Grants Policy states “We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time”.

15. A summary of each application received through Devonport-Takapuna Quick Response, Round One is provided in Attachment B.

Tauākī whakaaweawe Māori / Māori impact statement

16. The local board grants programme aims to respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori.

17. Auckland Council’s Māori Responsiveness Unit has provided input and support towards the development of the community grant processes.

18. Two organisations applying to quick response round one have indicated that their project targets Māori or Māori outcomes.

Ngā ritenga ā-pūtea / Financial implications

19. The allocation of grants to community groups or individuals is within the adopted Long-term Plan 2018-2028 and local board agreements.

20. The local board has set a total community grants budget of $ 237,500. The Devonport-Takapuna Local Board has allocated $60,741.99 from the 2018/2019 community grants budget for Local Grants Round One, leaving a total of $176,758.01 to be allocated to one local grants round and three quick response rounds.

21. Fifteen applications were received for Devonport-Takapuna Quick Response Round One 2018/2019, requesting a total of $22,336.

Ngā raru tūpono / Risks

22. The allocation of grants occurs within the guidelines and criteria of the Community Grants Policy and the local board grants programme. The assessment process has identified a low risk associated with funding the applications in this round.

Ngā koringa ā-muri / Next steps

23. Following the local board allocating funding for quick response round one 2018/2019, Commercial and Finance staff will notify the applicants of the local board’s decision and facilitate payment of the grant.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board Community Grants Programme 2018/2019	17
b ⇩	Devonport-Takapuna Quick Response Round One 2018/2019 grant applications	21

Ngā kaihaina / Signatories

Author

Moumita Dutta - Community Grants Coordinator

Authorisers

Marion Davies - Grant Operations Manager

Shane King - Head of Operations Support

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 October 2018

Auckland Regional Services Trust grants process and criteria

File No.: CP2018/19208

Te take mō te pūrongo / Purpose of the report

1. To approve the process and criteria for the distribution of reallocated funds from the legacy Auckland Regional Services Trust (ARST).

Whakarāpopototanga matua / Executive summary

2. The Local Government Act 1974 provided for the dissolution of the Auckland Regional Services Trust (ARST) fund, and for the assets to be paid out to the territorial authorities in the Auckland region.

3. From the $1.6 million allocated to the North Shore City Council (NSCC), the NSCC made a grant of $300,000 to the Shore Exhibition Trust to establish a new exhibition centre in Takapuna. Around $30,000 of this funding was spent during the initial planning and business case stage leaving a balance of $270,833.33.

4. As the project is no longer proceeding, the remaining funds have been reallocated to four local boards on the North Shore.

5. The Devonport-Takapuna Local Board has received $65,100.31, which is allocated to 2018/2019 work programme line 1778 for arts and culture purposes.

6. From the options outlined in this report, staff recommend allocating this budget as a contestable arts and culture grant, using an Expression of Interest (EOI) process with an agreed assessment matrix criteria (Attachment A).

Ngā tūtohunga / Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve the allocation of $65,100.31 legacy Auckland Regional Services Trust fund, in work programme line 1778, to a contestable grant process.

b) approve the assessment matrix criteria for the fund (Attachment A to the agenda report).

Horopaki / Context

7. In December 2009, North Shore City Council (NSCC) made a grant of $300,000 to the Shore Exhibition Trust to establish a new exhibition centre in Takapuna.

8. Approximately $30,000 of this funding was spent during the planning stage, leaving a balance of $270,833.33.

9. In October 2017, it was determined that the project would not proceed (DT/2017/227), and the funds would be reallocated to local boards within the boundaries of the former NSCC.

10. The remaining balance of funds was allocated to the following four local boards:

· Devonport-Takapuna

· Hibiscus and Bays

· Kaipātiki

· Upper Harbour.

11. The Devonport-Takapuna Local Board has received $65,100.31, which is allocated to 2018/2019 work programme line 1778 for arts and culture purposes.

12. The funds will be allocated in accordance with the Community Grants Policy and the local board funding policy.

Tātaritanga me ngā tohutohu / Analysis and advice

13. There are two primary options for how the available $65,100.31 fund can be allocated.

Option 1 – Contestable fund

14. Staff recommend allocating this budget as a contestable arts and culture grant, using an EOI process with an agreed assessment matrix criteria.

15. The process will be administered through Smartygrants grants management system as per other contestable local board grants and will be advertised through council’s promotional channels.

16. Staff will assess the EOIs against approved criteria (Attachment A), and recommendations will be presented to the local board at a business meeting for decision.

Option 2 – Non-contestable fund

17. The local board can allocate the fund to a specific organisation or project as a funding agreement, to be developed by the council Arts Advisor in liaison with the Local Board Advisor.

18. The advantages and disadvantages of option 1 and 2 are outlined in the following table:

Option

Advantages

Disadvantages

Option 1 – Contestable fund (recommended option)

· The EOI process provides an opportunity for artists to share their ideas with the Local Board without needing to undertake the work required for a full application. The Local Board can then request a comprehensive proposal from the project/s it determines best meet its criteria.

· The process is transparent and accessible.

· There may be a high number of applicants from the EOI process, which can be mitigated by using assessment criteria.

· An EOI process can take a few months to complete, whereas a non-contestable grant can be allocated immidiately.

Option 2 –

Non-contestable fund

· The local board can allocate funding to a project that they were not able include in the 2018/2019 work programme.

· Funding can be allocated to the group more quickly than with an EOI process.

· The local board may not have suitable lead organisations or facilities to use this approach

· There may be a perceived lack of transparency if the fund is allocated through a non-contestable process.

19. Staff recommend Option 1 – a contestable EOI process for allocating the available funds, because it allows the local board to explore options using a transparent approach.

20. The local board can approve the criteria for the EOI assessment matrix to manage expectations of the contestable fund for applicants and assessors. It can also add additional criteria as required.

21. Staff recommend assessment matrix criteria (Attachment A) that has taken into consideration the previous ARST funding criteria, local board priorities and the Community Grants Policy.

22. The criteria recommend prioritising projects and groups that:

· are of significant scope or size (by scale/reach of the project or size of the audience)

· are new events or projects, not ongoing operational activity

· promote innovation and/or excellence in the area of arts and culture

· are of local impact or benefit, but may be of regional significance

· raise the profile of the arts and promote arts and cultural development.

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

23. This funding is additional to current arts funding available through grants and the work programme, so is offering the community an opportunity for further arts opportunities.

24. The local board can approve the process and criteria for how the available fund will be allocated, to ensure that it responds to their local community needs and priorities.

Tauākī whakaaweawe Māori / Māori impact statement

25. Applications for a contestable funding approach will be assessed for their delivery of Māori outcomes and this will be included in the funding agreements of successful projects.

Ngā ritenga ā-pūtea / Financial implications

26. Local board 2018/2019 work programme line 1778 has a budget of $65,100.31, from a legacy ARST fund, to be allocated to arts and culture groups and projects.

Ngā raru tūpono / Risks

27. If funds are allocated using a non-contestable process, there is a risk that the approach will be perceived to be non-transparent. To mitigate this risk, staff recommend that the fund is allocated through a contestable EOI process.

Ngā koringa ā-muri / Next steps

28. Staff will implement the approved funding allocation process and draft funding agreements for the successful community group or project recipients.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Assessment matrix criteria	77

Ngā kaihaina / Signatories

Author

Catherine George – Regional Funding Advisor

Authorisers

Graham Bodman - General Manager Arts, Community and Events

Eric Perry - Relationship Manager

No.	Title	Page
a ⇩	16 October 2018 - Devonport-Takapuna Local Board - Auckland Transport October 2018 report	81

Devonport-Takapuna Local Board

16 October 2018

Venue for Movies in Parks 2019

File No.: CP2018/18863

Te take mō te pūrongo / Purpose of the report

1. To approve the Devonport-Takapuna Local Board venues for Movies in Parks 2019.

Whakarāpopototanga matua / Executive summary

2. The Devonport-Takapuna Local Board has approved two Movies in Parks screenings in the local board area in their 2018/2019 work programme.

3. In the debrief workshop for the 2018 events, Milford Reserve was recommended as the venue for one of the events and venue options for the second event are considered in this report.

4. Venue options include Woodall Park and Windsor Reserve, which have been used in previous years and two potential new venues of Bayswater Park and Sunnynook Park.

5. Renovations prevent the use of Bayswater and Sunnynook Parks in 2019, and there is a risk of screen damage due to high winds that restricts the use of Windsor Reserve.

6. Staff recommend Woodall Park, Narrow Neck as the location for the local board’s second Movies in Parks event in 2019.

7. There was a Movies in Parks event held at Woodall Park in 2018, which experienced disruption by youth congregating at the adjacent boat ramp. This risk will be mitigated at the 2019 event with additional security and by screening a family-friendly movie which would normally attract families with younger children, rather than youth or teens.

Ngā tūtohunga / Recommendation/s

That the Devonport-Takapuna Local Board:

a) approve Milford Reserve, Milford as the venue for the first Movies in Parks 2019 event and Woodall Park, Narrow Neck as the venue for their second Movies in Parks 2019 event.

Horopaki / Context

8. The local board have approved two Movies in Parks screenings in their 2018/2019 work programme. Milford Reserve has been recommended as the venue for the first of these two events.

9. The Devonport-Takapuna Local Board Movies in Parks event in 2017 was held at Windsor Reserve, Devonport and in 2018 at Woodall Park in Narrow Neck. Although both events were well-received by the local community, there was a problematic issue at each event.

10. At Windsor Reserve in 2017 there were issues around the placement of the screen and the site being at risk of high winds damaging the screen. Due to the risk of high winds at Windsor Reserve, the local board decided to move the event to Woodall Park for 2018.

11. At Woodall Park in 2018 there were issues of youth congregating at the adjacent boat ramp. While the group didn’t impact directly on the event, the event organisers recommend increasing the number of security guards at the site in future to help mitigate any potential issues.

12. Event organisers for the series are now looking to confirm a venue for the second Devonport-Takapuna Local Board Movies in Parks screening for 2019.

Tātaritanga me ngā tohutohu / Analysis and advice

13. Considering the issues experienced in previous years, alternative venue options have been explored, as well as ways of mitigating risks and issues associated with past venues.

14. The advantages, disadvantages and risk mitigations for each venue option are outlined in the table below:

Advantages	Disadvantages	Risk mitigation
(a) Woodall Park
· Good sized space · Passive area that no sports are played on which lessens the operational restrictions and minimises disruption to community sports schedules. · Operationally sound to deliver a Movies in Parks event on.	· Issue with youth congregating at the adjacent boat ramp.	· Increase security guard numbers · Engage with local police before the event to ensure awareness of the event · The local board has chosen a movie title that is for families which should not appeal to youth.
(b) Windsor Reserve
· Central site for Devonport town centre · Opportunity for local businesses to activate on the night.	· High winds put the inflatable screen at risk of not being able to be inflated or potential damage to the screen if inflated with high winds · Risk to the remainder of the series if the screen was to get damaged · The contractor providing the screen has advised that they will not deliver it at Windsor Reserve, due to the risk from high winds damaging the screen.	· No mitigation options available for potential wind impacts.

15. Bayswater Park and Sunnynook Park were considered as potential sites but they are not available due to scheduled re-turfing which would conflict with the scheduled event date in March 2019.

16. Windsor Reserve is not recommended due to risks to the screen from high winds. The screen provider has indicated that they do not want to provide the screen for this site and there are no other alternative providers of equivalent equipment.

17. Staff recommend Woodall Park as the location for the second Movies in Parks event because the site is operationally sound to deliver the event and the event organiser is confident that issues experienced in previous years can be mitigated.

18. Due to no issues arising at Milford Reserve it is the recommended site for first Movies in Parks event.

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

19. Events held in the local area support the local board outcome of “Our communities are empowered, engaged and inclusive”.

20. Movies in Parks provides for this through the opportunity for the community to gather for a free open-air movie screening, encouraging people to experience local parks and contributing to stronger, more connected communities.

Tauākī whakaaweawe Māori / Māori impact statement

21. The Movies in Parks series is designed to have a broad appeal across Auckland communities and as such it does not specifically benefit or adversely impact Māori.

Ngā ritenga ā-pūtea / Financial implications

22. The local board allocated $29,000 in the 2018/2019 work programme for two Movies in Parks events. This is sufficient to cover any increased costs regarding security, should the event be held at Woodall Park.

Ngā raru tūpono / Risks

23. At Woodall Park in 2018 there were issues of youth congregating at the adjacent boat ramp. While the group didn’t impact directly on the event, the event organisers recommend increasing the number of security guards at the site to help mitigate any potential issues.

Ngā koringa ā-muri / Next steps

24. Once the venue has been decided, planning for pre-entertainment and community engagement will commence.

25. The Movies in Parks programme will be launched on 30 November 2018.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Kaiya Irvine – Senior Event Organiser

Authorisers

Graham Bodman - General Manager Arts, Community and Events

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 October 2018

Review of the Code of Conduct

File No.: CP2018/18936

Te take mō te pūrongo / Purpose of the report

1. To seek local board feedback on the draft Code of Conduct (code).

Whakarāpopototanga matua / Executive summary

2. The council’s initial code was prepared by the Auckland Transition Agency prior to Auckland Council commencing and was last reviewed in 2013. The code has worked well but there have been a number of issues identified. The Governing Body agreed that the code be reviewed through the Joint Governance Working Party. Presentations were made to local board cluster meetings earlier this year.

3. Based on feedback to date, an amended code has been drafted and the Joint Governance Working Party has approved it to be reported to local boards for feedback. The proposals contained in the draft code address the issues that were identified.

4. A comparison of the draft code with the current code can be summarised as follows:

· the code itself is more concise

· material breaches are defined

· there are separate complaint processes depending on whether a complaint relates to a non-material breach, a material breach or conflict of interest

· the current independent review panel is replaced by a Conduct Commissioner, who can impose sanctions

· findings of the Conduct Commissioner (for material breaches) will be made public to assist compliance with sanctions imposed by the Conduct Commissioner

· there is no political involvement in determining a complaint or imposing sanctions

· related documents are bundled in with the code and key policies and protocols and adopted with the code:

o Conflict of Interest Policy

o access to information protocol

o election year policy

o communications policy

o media protocols.

5. Local board feedback is being sought on the draft code.

Ngā tūtohunga / Recommendation/s

That the Devonport-Takapuna Local Board:

a) provide its feedback on the draft Code of Conduct attached to this report.

Horopaki / Context

What is the Code of Conduct

6. A code of conduct essentially sets out a council’s expectations about how members will conduct themselves. Every council is required to adopt a code of conduct (Local Government Act 2002, schedule 7, clause 15). It must set out:

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

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

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

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

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

(b) a general explanation of—

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

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

7. Once adopted, a code of conduct requires a 75 per cent majority to change it.

8. Members of local boards must comply with the code of conduct that is adopted by the Governing Body (Local Government Act 2002, schedule 7, clause 36B).

Reasons for reviewing the Code of Conduct

9. In working with the current code, the council has experienced a number of issues:

· It is not easy to follow. It includes principles, descriptions of roles and responsibilities and statements about relationships and behaviours. However, a complaint about a breach can only relate to the section on relationships and behaviours.

· Although a positive aspect of the current code is a focus, initially, on resolving complaints to the satisfaction of the complainant, it is not appropriate for an allegation about a conflict of interest to be resolved to the satisfaction of the complainant. Conflict of interest allegations need to be tested against the law.

· The code does not distinguish between non-material and material breaches. All allegations of breaches are treated the same.

· The final point of escalation of a complaint is to the independent review panel which comprises three members. This process is valuable but is underused because it can be expensive with three members being required.

· There needs to be a requirement that a complainant has tried to resolve their complaint prior to submitting it to the formal complaint process in the code.

· The code is underused because it is seen to ‘lack teeth’. There needs to be a review of available sanctions.

10. PWC were commissioned to review the current code and the Governing Body agreed at its February 2018 meeting that the current code should be reviewed. The Joint Governance Working Party is overseeing the development of the code.

Engagement to date

11. Staff made presentations to local board cluster meetings and a Governing Body workshop earlier this year. Among the issues discussed was whether a revised code should be concise and principles-based or prescriptive.

12. The approach to the draft code was discussed with the Joint Governance Working Party, whose guidance included that there should be no political involvement in the determination of complaints and the imposition of sanctions.

13. A draft was presented to the Joint Governance Working Party on 12 September 2018 which the working party approved for reporting to local boards for their feedback.

Tātaritanga me ngā tohutohu / Analysis and advice

The draft code

14. The draft code is at attachment A.

15. The draft code is presented as two documents:

· The code itself contains:

o principles

o descriptions of material breaches

o the complaints process.

· The second document contains attachments which provide more detail:

o policies and protocols which are adopted along with the code and are an intrinsic part of the code. Elected members must abide by the conduct set out in these documents

o description of applicable legislation which the Local Government Act requires all codes to contain

o documents which are described as ‘external’ in the sense that they are agreed outside the code but are relevant to the conduct of members. An example is the Expenses Policy, which is agreed by the Finance and Performance Committee and approved by the Remuneration Authority. It is useful to have these documents included for easy reference and to provide context to some aspects of the code.

16. The code describes two key principles – trust and respect. The principle of trust captures the expectations of the community in their elected representatives. For example, the community trusts that members will act in the interest of the community and not their own interest. This principle encompasses the ethical dimension of conduct.

17. The principle of respect captures the expectations members have of each other in terms of their conduct towards each other and towards the public.

18. The principles are written in a style which indicates personal commitment (‘I will’).

The complaints process

19. The draft code contains definitions of ‘material breaches’. This defines what the bottom line is and at what point a breach needs to be treated more seriously than other breaches. A complaint which relates to a material breach is treated differently to a complaint which relates to a non-material breach.

20. A complaint is lodged with the Chief Executive. A complaint must set out what part of the code has been breached, must provide evidence of the breach and evidence of attempts to resolve the breach (where the code refers to Chief Executive, this includes a nominee of the Chief Executive).

21. If the complaint relates to a conflict of interest, the Chief Executive will arrange for the member to receive advice from either Legal Services or Audit and Risk. The complainant has no further role. If the member does not comply with advice, the matter becomes a material breach for investigation by the Conduct Commissioner.

22. In other cases, the Chief Executive refers the complaint to an ‘investigator’. An investigator is appointed by the Chief Executive and may be a staff member or external person.

23. The investigator conducts a preliminary assessment of the complaint and has the discretion to dismiss the complaint if it is frivolous or vexatious or without substance.

24. If the complaint relates to a non-material breach, the investigator may make non-binding recommendations, including a recommendation to apologise or undertake voluntary mediation.

25. If the complaint relates to a material breach, it is referred to a Conduct Commissioner. A Conduct Commissioner is a person of the calibre of a retired High Court judge and is selected from a list of such persons which has been approved by the Governing Body.

26. The Conduct Commissioner may direct mediation or conduct an investigation, which may include a hearing.

Sanctions

27. The Conduct Commissioner has the power to impose sanctions, including a requirement to apologise, withdraw remarks or make a public statement. The report of the Conduct Commissioner is formal and made public, to promote compliance with the sanctions imposed by the Conduct Commissioner.

28. The Conduct Commissioner replaces the current independent review panel, which is not used frequently due to the cost associated with it having three members.

29. Staff had been asked to investigate whether there could be financial sanctions. The Remuneration Authority was asked whether it would agree to a reduction of salary paid to a member who breached the code. The reply included the following:

· The Authority is often asked whether the performance of an individual or individuals is considered when making a determination. Performance does not feature in the list of criteria that the Authority is required to take into account. Therefore, it has no mandate to consider performance.

· Section 14 (implementation of determinations) of the Remuneration Authority Act 1977 says that every determination issued by the Authority must be implemented according to their tenor and it is unlawful to act contrary to a determination. This prevents a council from making deductions from an elected member’s salary.

Attachments to the code

30. The attachments include:

· policies and protocols that are adopted along with the code:

o Conflict of Interest Policy

o access to information protocol

o election year policy

o communications policy

o media protocols

· a description of legislation that is required by the Local Government Act 2002

· documents that are external to the code but are included because they are relevant to conduct:

o guide to governance roles and responsibilities

o guide to working with staff

o Expenses Policy.

31. The attached policies include the Conflict of Interest Policy which has been rewritten, and a new ‘access to information’ protocol. All other documents attached to the code are from existing sources and are not new.

Conflict of Interest Policy

32. The Conflict of Interest Policy has been updated to reflect the current legal position relating to conflicts of interest and pre-determination, as the current policy is out of date.

33. It remedies a current inconsistency between the treatment of financial and non-financial interests (being automatically disqualified from decision-making for a financial interest, but not for a non-financial interest).

34. It includes a new section on pre-determination, which is a separate legal concept to conflicts of interest.

35. It places stronger emphasis on the interests of the council in the probity and integrity of its decisions, as the consequences of failing to manage are more commonly borne by the council.

36. It is intended to be more user-friendly and accessible.

New protocol included: Elected member access to information

37. Included in the policies and protocols attached to the Code of Conduct is a new ‘Access to information protocol’. This protocol puts a framework around elected members’ legal right to council information under the ‘need-to-know’ principle. This protocol is in addition to the existing ways that elected members can gain access to information. It is aimed at addressing circumstances where there has been lack of clarity over requests for information where it is not clear if it is or is not confidential.

The need to know principle for elected members

38. In addition to rights under the Local Government Official Information and Meetings Act 1987 (LGOIMA), elected members have a legal right to council information under the ‘need-to-know’ principle established by the common law. Under this principle, a good reason to access council information exists if an elected member shows that access to the information is reasonably necessary to enable them to perform their statutory functions as a member of the council. In some limited cases, elected members may also be able establish a ‘need-to-know’ council information relevant to their representative duties.

Why we are proposing a protocol

39. The purposes of the draft protocol are to:

· give effect to the legal ‘need-to-know’ principle

· enable elected members to properly perform their statutory functions as democratically elected local decision-makers, and to facilitate them in fulfilling their representative duties. This promotes democratic and effective local government

· provide elected members with better and more efficient access to council information than is provided for LGOIMA, by reducing the number of withholding grounds that can apply to the information and the timeframes for response

· provide for transparent and impartial Chief Executive decisions on requests under this protocol, and a democratic mechanism for the reconsideration of such decisions

· to provide that confidential council information will be made available to elected members in a manner that reflects the council’s legal duty to protect the confidentiality of the information and does not prejudice the interests protected by LGOIMA.

40. We have agreed with the Chief Ombudsman that we will develop a protocol to better manage elected member access to information.

41. Because this is the first time that council is adopting such a protocol, staff are suggesting that it is revisited and reviewed within 18 months of its adoption to ensure that it is working effectively, best enabling elected members to properly perform their statutory functions as democratically elected local decision-makers and facilitating them in fulfilling their representative duties.

Summary of suggested process in draft protocol

42. The protocol sets out a framework and process for elected member requests for council information. In summary, the process in the protocol is:

· elected members make a request for information held by council and explain why they need the information

· the Chief Executive makes a decision on whether the information is reasonably necessary for the elected member to exercise their statutory functions or performance of their representative duties, and whether any of the limited reasons to withhold may apply (for example if personal information should be redacted for Privacy Act reasons)

· decision and the provision of information to the elected member (with conditions if necessary for confidential information) within five working

· if an elected member is not happy with the Chief Executive decision, they can ask it to be reconsidered by the Audit and Risk Committee.

Local board feedback

43. Local board views are being sought on the proposed changes in the draft code and the supporting policies that will be adopted alongside the code. In particular:

· the principles based and positive intent in the drafting of the code

· defining material breaches and making the findings of complaints of a material breach public

· replacing the current independent review panel with an independent Conduct Commissioner, who can impose sanctions which means having no political involvement in determining a complaint or imposing sanctions

· support for the access to information protocol.

44. Feedback from local boards will be considered by the Joint Governance Working Party at its meeting on 31 October 2018. The working party will then recommend a final draft code to the Governing Body for adoption. Once adopted by the Governing Body, the code applies to all elected members.

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

45. Local board feedback will be reported to the Joint Governance Working Party. The code impacts local boards in that all members must abide by it.

Tauākī whakaaweawe Māori / Māori impact statement

46. The Code of Conduct is an internal procedural document. The principles and values expressed in the document provide for inclusivity and specifically, disallow discrimination.

Ngā ritenga ā-pūtea / Financial implications

47. There may be financial implications if the investigator that the Chief Executive appoints is external. Escalation to the Conduct Commissioner will have lesser financial implications than referral to a full review panel as provided in the existing code, but because of the reduced financial cost, may be utilised more often.

Ngā raru tūpono / Risks

48. There is a risk that some elected members will not be fully socialised with the new code. Staff will investigate how best to ensure all elected members are fully aware of the new code.

Ngā koringa ā-muri / Next steps

49. The feedback from local boards will be reported to the meeting of the Joint Governance Working Party on 31 October 2018. The working party will then recommend a final draft code to the Governing Body for adoption.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Draft Code of Conduct	107
b ⇩	Draft Code of Conduct attachments	121

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 October 2018

Devonport-Takapuna Local Board

16 October 2018

Local Board Services monthly report - October 2018

File No.: CP2018/18418

Te take mō te pūrongo / Purpose of the report

1. This report requests the Devonport-Takapuna Local Board (the local board) to consider:

· land owner approval for a memorial picnic table on Cheltenham Beach Reserve, Devonport;

· land owner approval for a memorial plaque on a park bench at Cheltenham Beach Reserve, Devonport;

· land owner approval for a special liquor licence for the Takapuna Beach Polo event, to be held on Gould Reserve on 7 December 2018;

· providing feedback on the Ministry of Business, Innovation and Employment’s Healthy Homes Standards discussion document; and

· providing feedback on the proposed intersection improvements for Taharoto Road, Takapuna.

Ngā tūtohunga / Recommendation/s

That the Devonport-Takapuna Local Board:

a) grant land owner approval for a memorial picnic table on Cheltenham Beach Reserve, Devonport;

b) declines land owner approval for a memorial plaque on a park bench at Cheltenham Beach Reserve, Devonport;

c) grant land owner approval for a special liquor licence to Event Horizon Limited for the Takapuna Beach Polo event, to be held on Gould Reserve on 7 December 2018, which include:

i. recommend Alternative site layout v1, as outlined in Attachment F to this report;

ii. recommend the following hours for the sale and consumption alcohol on the reserve during the event as follows:

A. event day: 1.30pm to 9pm on Friday 7 December 2018;

B. reserve day: 1.30pm to 10pm Saturday 8 December 2018.

d) provides feedback on the Ministry of Business, Innovation and Employment’s Healthy Homes Standards discussion document as outlined in Attachment F to this report;

e) provides the following feedback on the proposed intersection improvements for Taharoto Road, Takapuna:

i. recognises the need to address pedestrian safety issues on Taharoto Road;

ii. notes there are limited options available to improve pedestrian safety due to the width of the road, and number of lanes on Taharoto Road;

iii. does not consider the proposed improvements at Karaka Street and Taharoto Road as the highest priority location, and supports other locations being assessed and considered to address pedestrian safety

Tātaritanga me ngā tohutohu / Analysis and advice

Memorial picnic table on Cheltenham Beach Reserve, Devonport

2. Council’s Parks and Places team has received an application to install a memorial picnic table at Cheltenham Beach Reserve, Devonport. The table will commemorate Mr. John McHugh, who died on 30 January 2015.

3. Mr. McHugh was a prominent Devonport businessman who owned the McHughs of Cheltenham and Duders of Devonport restaurants. Mr. McHugh also served on the Devonport Community Board from 2001 to 2007, was a member of the Devonport Business Association and was a major sponsor of many local community groups and events.

4. The proposed location for the picnic table is to the south of the McHughs of Cheltenham restaurant on Cheltenham Beach Reserve. Please refer to Attachment B for the precise location of the park bench.

5. The application meets the council’s Plaques and Memorials on Parks Guidelines, as the application meets the generic protocols for plaques and memorials, point i ‘An important historical figure or important person associated with the area.

6. Staff recommend that the local board grant land owner consent so that installation of the picnic table can be undertaken. The applicant has confirmed that they will be covering the cost of purchasing and installing the picnic table.

7. Please refer to Attachments A through C for full details of the land owner consent application.

Memorial plaque on park bench at Cheltenham Beach Reserve, Devonport

8. Council’s Parks and Places team has received an application to install a memorial plaque on an existing park bench at Cheltenham Beach Reserve, Devonport. The plaque will commemorate Mr. Milomir-Mikan Marinkovic.

9. Mr. Marinkovic lived and worked in the local area and was an active volunteer in the community. It is important to note that the application does not provide any specific references of Mr. Marinkovic’s association with the local area.

10. The proposed location for the plaque is with another existing plaque on a park bench, which commemorates Dr. Zoja Vuletic-Korac. The applicant has advised Mr. Marinkovic and Dr. Vultetic-Korac also knew each other and were friends, hence the request to have two plaques sharing the same park bench. The park bench table is at the southern end of Cheltenham Beach Reserve. Please refer to Attachment E for the precise location of the park bench.

11. The applicant has confirmed that they will be covering the cost of purchasing and installing the plaque.

12. The application has been assessed against the council’s Plaques and Memorials on Parks Guidelines, and staff advise it does not meet the generic protocols for plaques and memorials. The protocols state that plaques and memorial structures will only be approved in recognition of:

· an important historical figure or important person associated with the area;

· an important cultural location;

· an organisation or community group involved in the development of the area; and

· a significant event e.g. events of civic (national or local) nature.

13. Based on the information provided by the applicant, and the council’s guidelines, staff do not support the installation of a memorial plaque on an existing park bench at Cheltenham Beach Reserve.

14. Please refer to Attachments D and E for full details of the land owner consent application.

Land owner approval for a special licence for the Takapuna Beach Polo event

15. Council’s Events Facilitation team has received an application from Event Horizon Limited (the applicant) to undertake the Takapuna Beach Polo event (the event), to be held at Gould Reserve, Takapuna on 7 December 2018.

16. The applicant has been contracted by the New Zealand Beach Polo Association to plan and produce the event, with the purpose to show case beach polo at one of New Zealand’s premier beaches. The event will allow the general public to view the polo matches, and also provide a dedicated space for corporate hospitality.

17. This is the second year the event will be undertaken on Gould Reserve and follows a successful inaugural event in 2017. Beach polo events are also scheduled to be held at the 14 December 2018 at Papamoa Beach and 18 January 2019 at Omaha Beach.

18. It is important to note that one significant change between the 2017 and 2018 events is that the Takapuna Boating Club will not be used, and therefore all activities associated with the event (e.g. entertainment, purchasing food and the sale and consumption of alcohol) will be undertaken on the reserve.

19. As decision-maker for local parks and reserves, the local board needs to consider the size of the area dedicated to the event and permitted hours to sell alcohol in accordance with the Sale and Supply of Liquor Act 2012.

20. The applicant has submitted a proposed site plan and alcohol management plan (refer to Attachments F and G), which have been reviewed by both council’s Events Facilitation and Alcohol Licensing teams, where the following concerns have been noted:

· from a licensing and compliance perspective, the area and the number of proposed attendees (between 1,500 and 2,000) is large and requires careful management; and

· the size and scale of the site required is too large for the type of event.

21. The site plan was also reviewed by the local board at their 9 October 2018 workshop. In addition to the points raised by staff, the local board noted that it significantly limits the general public’s access to the reserve and is too close the children’s playground.

22. In order to strike a balance between providing sufficient space for the applicant to successfully deliver the event, while ensuring the general public continue to have easy access to the reserve and beach, an updated site plan has produced for the local board to consider. This site plan, which is supported by the applicant, as well as council’s Events Facilitation team, is detailed below:

23. This option is recommended because:

· it is a more manageable size from a from a licensing and compliance perspective;

· it continues to provide sufficient space for the general public to use of the reserve, as well as providing easy access to Takapuna Beach; and

· the boundary is a suitable distance away from the playground;

24. The applicant has also made a special licence application for the sale and consumption of alcohol on the reserve during the event. The proposed hours are the:

· event day: 1.30pm to 9pm on Friday 7 December 2018, and

· reserve day: 1.30pm to 10pm Saturday 8 December 2018. The later completion time for the reserve day has been proposed because the event will start later due to the changing tides.

25. Council’s Events Facilitation and Alcohol Licensing teams recommends that the permitted hours for the sale and consumption of alcohol for both 7 and 8 December be from 1.30pm to 9pm. This will ensure that there is minimal disruption following the end of the event, and no breaches of the liquor ban for the reserve, which starts at 10pm.

Input into council’s Healthy Homes Standards submission

26. In December 2017, the New Zealand Government passed the Healthy Homes Guarantee Act (no 2). This Act enables the government to create regulations that set minimum standards to create warmer, drier rental homes (the healthy homes standards).

27. The Ministry of Business, Innovation and Employment (MBIE) has released a discussion document and is currently undertaking public consultation on minimum standards and

28. The standards, as detailed in the Act will set minimum requirements for:

· provision of heating devices;

· level of floor and ceiling insulation;

· ventilation through provision of windows and extractor fans;

· draught-stopping; and

· moisture entry and drainage.

29. The local board has the opportunity to provide feedback on the Healthy Homes Standards discussion document, which will form part of the council’s submission to MBIE. The final submission will be adopted by council’s Environment and Community Committee (the Committee) on 16 October 2018.

30. It is important to note that the local board’s feedback will be included in the council’s final submission to MBIE, despite the Committee adopting the submission on the same day as the local board business meeting.

31. Please refer to Attachments H and I for the local board’s draft submission towards the Healthy Homes Standards submission, and MBIE’s Discussion Document.

Feedback on proposed intersection improvements for Taharoto Road, Takapuna

32. As part of addressing pedestrian safety concerns, Auckland Transport (AT) are proposing to signalise the intersection of Karaka Street and Taharoto Road in Takapuna.

33. The changes include signalised pedestrian crossings on Karaka Street and Taharoto Road, cycle lead-in lanes and advanced stop boxes, kerb build-out and footpath extension, changes to road markings and signage, and removing the existing splitter island on Karaka Road.

34. The local board received a workshop on 25 September 2018 to provide informal views and preferences on the proposal. The local board is requested to formalise their feedback on the proposed improvements.

35. Please refer to Attachments J through K for additional information and a concept plan of the proposed improvements.

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

36. The content in this report reflects the local board’s views and priorities.

37. Local board views and preferences are sought through the proposed recommendations in this report.

Tauākī whakaaweawe Māori / Māori impact statement

38. There are no implications for Māori associated with this report.

Ngā ritenga ā-pūtea / Financial implications

39. Financial implications have been detailed in the respective sections of this report.

Ngā raru tūpono / Risks

40. There are no risks associated with this report.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	McHugh memorial picnic table - Memo and application	189
b ⇩	McHugh memorial picnic table - location photos	195
c ⇩	McHugh memorial picnic table - supporting documentation	201
d ⇩	Marinkovic plaque - Memo and application	207
e ⇩	Marinkovic plaque - location photos	211
f ⇩	Takapuna Beach Polo event - notice to local boards	217
g ⇩	Takapuna Beach Polo event - alcohol managment plan	229
h ⇩	Devonport-Takapuna Local Board feedback on the Healthy Homes Standards submission	245
i ⇩	Ministry of Business, Innovation and Employment's Healthy Homes Standards Discussion Document	249
j ⇩	Proposed intersection improvements for Taharoto Road - additional information	319
k ⇩	Proposed intersection improvements for Taharoto Road - concept plan	323

Ngā kaihaina / Signatories

Author	Tristan Coulson - Senior Local Board Advisor Devonport-Takapuna
Authoriser	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 October 2018

Devonport-Takapuna Local Board

16 October 2018

Draft Facility Partnership Policy

File No.: CP2018/17886

Te take mō te pūrongo / Purpose of the report

1. To seek local boards’ views on the draft Facility Partnerships Policy.

Whakarāpopototanga matua / Executive summary

2. A ‘facility partnership’ is where Auckland Council invests in a community facility alongside others. Done well, partnerships can enable and empower our communities, and help us provide more of the quality facilities Auckland needs, faster and more cost-effectively.

3. The council intends to meet more facility needs through partnerships in future, and a new regional policy (refer Attachment B) has been developed to guide their selection and support.

4. Key policy positions outlined in the draft Facility Partnerships Policy and summarised in Attachment A include:

· a focus on shared outcomes

· partnerships that recognise, value and honour Te Ao Māori

· multiple partnership models, with fit-for-purpose arrangements

· ‘Proactive’ and ‘Responsive’ partnership tracks

· principles to shape eligibility and investment priorities

· valuing (and costing) in-kind support

· a stronger focus on the partnership relationship

· greater acknowledgement of the complexity of developing/managing assets.

5. During policy development, staff engaged with Māori to explore specific opportunities and barriers for facility partnerships with Māori. The findings from this engagement (refer Attachment C) have shaped a commitment in the draft policy to partner in ways that align with the Treaty Principles, and acknowledge the distinct characteristics of marae.

6. The draft policy was endorsed by the Environment and Community Committee in June 2018 for public consultation and formal engagement with local boards. The consultation activities carried out and the community feedback received are summarised in Attachment D. Public feedback was highly supportive of the draft policy overall.

7. Staff attended local board workshops on the draft policy during July and August. This report invites local boards to formally indicate their support for the proposed approach, and/or provide any additional feedback on the policy they would like the committee to consider.

8. A summary of all feedback and a final policy will be tabled for consideration and adoption by the Environment and Community Committee in November 2018.

9. Implementation of the new approach is expected to begin during the 2019/20 financial year.

Ngā tūtohunga / Recommendation/s

That the Devonport-Takapuna Local Board:

a) support the adoption of the Draft Facility Partnerships Policy, and provide any additional feedback on the proposed approach for the Environment and Community Committee’s consideration.

Horopaki / Context

10. Auckland Council is a major provider of community, arts and sports facilities, but not the only provider. A ‘facility partnership’ is where the council invests in a community facility alongside others. Done well, partnerships can enable and empower communities, and help the council to provide more of the quality facilities Auckland needs, faster and more cost-effectively.

11. There are already around 300 of these arrangements in Auckland, and the council has signalled more facility needs will be met through partnerships in future. There is currently no regional policy to guide the selection and support of facility partnerships.

12. In 2016, a cross-council team began work on a new regional policy. The team met with a number of partners and experts to understand existing practice and how policy could improve decision-making in the partnering experience.

13. Findings from discovery work were shared in December 2016 at walk-throughs with elected members, staff and participating partners, and reported to the Environment and Community committee in February 2017 (resolution number ENV/2017/9).

14. A new approach was developed and tested at walk-throughs in February 2018. The committee endorsed the draft policy for public consultation and formal engagement with local boards in June 2018 (resolution number ENV/2018/74).

Tātaritanga me ngā tohutohu / Analysis and advice

Facility partnerships benefit the council and the community

15. Auckland Council supports facility partnerships because they can:

· leverage external investment and community effort

· empower communities, and help us respond to Auckland’s increasing diversity

· optimise the existing facility network and reduce the need for new facilities.

Facility partnership selection and management is ad-hoc and inconsistent

16. Discovery work in 2016 and into 2017 identified a range of issues that are preventing the council from realising the full potential of facility partnerships.

17. Currently, facility partnership decisions are made on an ad-hoc basis. Often the lifetime costs and benefits of the partnership have not been fully considered, or how these relate to network gaps and evolving community needs.

18. Investment opportunities and selection decisions lack transparency, and our management processes tend to be uncoordinated and inconsistent. Many partners report that they feel under-prepared and insufficiently supported by council to deliver successfully.

Proposed policy provides strategic approach with tailored process

19. Staff have developed a new policy (refer Attachment B) to respond directly to these findings.

20. This will enable the council and partners to make more informed and strategic investment decisions. Advice will be based on clearer evidence of need and impact and comprehensive costings and will emphasise viability and sustainability.

21. The new approach introduces a more transparent and contestable selection process. Requirements will be tailored to reflect the scale, complexity and risk of each proposal. The policy recognises the importance of quality relationships, and the need to better coordinate staff expertise and support to improve partners’ experience and build capability.

22. The draft policy proposes:

· a focus on shared outcomes

· partnerships that recognise, value and honour Te Ao Māori

· multiple partnership models, with fit-for-purpose arrangements

· ‘Proactive’ and ‘Responsive’ partnership tracks

· principles to shape eligibility and investment priorities

· valuing (and costing) in-kind support

· a stronger focus on the partnership relationship

· greater acknowledgement of the complexity of developing/managing assets.

23. A summary of key policy positions relating to these themes is provided as Attachment A.

Public engagement held during July and August 2018

24. Staff undertook public consultation and briefed interested advisory panels between June and August 2018. Public consultation activities included six drop-in consultation events across Auckland, and online submissions via the council’s ‘Have Your Say’ website.

25. Public feedback was highly supportive of the draft policy overall. Those providing feedback generally saw the value of having a policy for this activity, and were positive about its intent. Responses to questions about specific aspects of the policy were also strongly affirmative.

Public feedback shows strong support for new approach

26. Key themes that emerged from the public consultation are:

· Most respondents agree the new approach will better enable council to invest in the right facility partnerships, and ensure that partnerships work for both partners and council.

· The investment principles, the proposal to enable appropriate commercial activities in facilities, and the establishment of Lead Relationship Brokers were all positively received by the majority of respondents.

· The ‘Track, Type and Scale’ model was also welcomed for encompassing a wide range of facility partnerships, and the intention to ensure requirements are proportionate.

· Respondents hope the new approach will make it easier for partners to navigate the multiple council systems and processes involved, and get good support from staff.

· Using the Treaty principles to guide partnerships with Māori was welcomed by most, but this was acknowledged as a complex area.

· Respondents appreciated a more visually appealing document that is easier to navigate.

Most public concerns relate to application of policy

27. Concerns identified included:

· how the investment principles will be applied in practice, especially where they must be ‘traded off’ against each other

· whether some communities will be unfairly advantaged by the new approach

· whether the higher level of staff support will be properly resourced, and implemented as intended across all parts of council

· whether the process is flexible enough to respond to the ‘messy reality’ of partnerships.

28. A full summary of the public consultation activities to date and a more in-depth description of key feedback themes is provided as Attachment D for local board consideration.

29. Key national and regional stakeholders will also be briefed prior to the draft being finalised.

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

30. Local boards have a strong interest in facility partnerships and some decision-making responsibility in this area, including:

· determining local outcomes and advocating for local investment priorities

· governing local and sub-regional facility partnership relationships and agreements

· allocating local discretionary funding and community leases of council property.

31. Staff have engaged with local boards informally at various stages throughout the discovery work and subsequent policy development. Local board member views and concerns have helped shape the draft policy.

32. During July and August 2018, local boards were offered a workshop to hear an overview of the proposed policy approach and seek clarification on any areas of local interest or concern. Eighteen local boards requested a workshop.

Formal local board feedback sought September and October 2018

33. Community feedback has now been summarised for local boards’ consideration. Staff are seeking to understand local boards’ views on the new approach, and requesting a formal indication of support at local board business meetings during September and October 2018.

34. Staff would particularly value local board feedback on the following parts of the draft policy (refer Attachment B), which are likely to have the most bearing on local board decision-making:

· the Tracks, Types and Scales model (p.16-23) to differentiate partnerships and customise the partnership process

· the draft investment principles (p.26) and priorities (p.33)

· proposed eligibility criteria for investment (p.27-30)

· the proposal to allow facility partnerships to generate revenue through appropriate commercial activities (p.31)

· the focus on quality relationships, as outlined in the proposed partnering principles (p.35) and supported by allocation of a lead relationship broker (p.38).

Tauākī whakaaweawe Māori / Māori impact statement

35. Marae are a focal point for Māori social, economic, environmental and cultural development, and are identified in the Community Facilities Network Plan as potential facility partners.

Engagement to better understand facility partnerships and Te Ao Māori

36. In 2017, staff undertook additional engagement with Māori, with a focus on marae, to ensure that the new policy incorporates any special context, barriers or opportunities for facility partnerships with Māori. A summary of the findings is provided as Attachment C.

37. The draft policy reflects these findings and commits the council to partnering with Māori in ways which align with the Treaty Principles and reflect the distinct characteristics of marae.

38. The draft policy approach and the findings report will be shared at hui with interested marae during September, as part of initial discussions on a new Marae Investment Policy.

Ngā ritenga ā-pūtea / Financial implications

39. The Facility Partnerships Policy is not supported by a dedicated budget. Future investment in facility partnerships will be provided through existing budgets for facility development and operation, allocated through the Long-term Plan 2018-2028 and Annual Plan. Local boards may also award grants and community leases of council property to support facility partnerships.

Ngā raru tūpono / Risks

Risk	Mitigation
Adoption of a new policy may create expectations that there will be additional budget to support facility partnerships.	All public-facing communications and guidance about the new policy will reference the funding available from existing regional and local budgets and how this will be allocated.
Existing facility partners may be concerned that the new policy will impact arrangements already in place, or ongoing council investment.	The new policy will guide decisions on new facility partnerships only, unless an existing partnership is already scheduled for review, and guidance will clearly state this. Where existing partnerships are to be reviewed, staff will ensure partners are adequately supported to prepare.
The transition to the new policy approach will be operationally complex. It impacts multiple teams across the council, and new business processes, guidance and forms will need to be designed to support it.	Detailed implementation planning will be required to ensure the transition is as smooth as possible. Phased implementation over the first financial year (2019/20) may be necessary to achieve this.

Ngā koringa ā-muri / Next steps

40. A summary of all feedback and a final policy will be tabled for consideration and adoption by the Environment and Community Committee in November 2018.

41. Implementation of the new approach is expected to begin during the 2019/20 financial year.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Facility Partnerships Policy - summary of key policy positions	333
b ⇩	Draft Facility Partnerships Policy	335
c ⇩	Facility partnerships with Māori - Summary report	379
d ⇩	Draft Facility Partnerships Policy - Public feedback summary report	407

Ngā kaihaina / Signatories

Author

Rebekah Forman - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

16 October 2018

Auckland Tourism Events and Economic Development 1 January - 30 June 2018 update

File No.: CP2018/19307

Te take mō te pūrongo / Purpose of the report

1. To inform the local board of Auckland Tourism Events and Economic Development Limited (ATEED) activities at a regional, and where possible, a local level.

2. For the local board to receive the attached six-monthly report from ATEED on their activities in the local board area.

Whakarāpopototanga matua / Executive summary

3. ATEED reports to local boards every six months to provide them with an update of their activities.

4. Work undertaken by ATEED in the Devonport-Takapuna area includes:

· The Lion Foundation Young Enterprise Scheme (YES)

· grants for the business improvement districts’ retail spend data

· Shore Coast Tourism

· business capability building and support for new businesses.

Ngā tūtohunga / Recommendation/s

That the Devonport-Takapuna Local Board:

a) receive Auckland Tourism Events and Economic Development Limited’s six-monthly report to Devonport-Takapuna Local Board for 1 January to 30 June 2018, as shown in attachment A of the agenda report.

Horopaki / Context

5. ATEED helps lay a strong foundation for Auckland’s economic growth through a broad programme of initiatives focused on:

· Business growth and innovation

· Business attraction and investment

· Conferences and business events

· Major events

· Film

· International education

· Tourism.

6. ATEED’s work can impact and provide opportunities locally as well as regionally. For this reason they have committed to reporting to local boards every six months.

7. The report attached reflects this commitment and covers the period from 1 January to 30 June 2018.

Tātaritanga me ngā tohutohu / Analysis and advice

8. The ATEED activities carried out in the local board area are outlined in the below table.

Table 1. Local ATEED activities

Activity	ATEED team responsible
The Lion Foundation Young Enterprise Scheme (YES)	Economic Development
Grants for the business improvement districts’ retail spend data	Economic Development
Shore Coast Tourism	Economic Development / Destination
Business capability building and support for new businesses	Economic Development

9. As part of business-as-usual, destinations in the local board area continue to feature in the official Auckland visitor information website administered by ATEED.

10. Should a local board choose to allocate some of their Local Development Initiative (LDI) fund to economic development activities, ATEED’s dedicated Local Economic Development team can manage the delivery of a work programme for them.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe /

Local impacts and local board views

11. The proposed decision to receive the six-monthly report has no local impact, however some of the activities described in the report do. Details of this are outlined in the six-monthly report attached.

12. Local board views were not sought for the purposes of this report. Local board views were sought for some of the initiatives described in this report.

Tauākī whakaaweawe Māori / Māori impact statement

13. The proposed decision to receive the six-monthly report has no impact on Māori. ATEED assesses and responds to any impact their initiatives may have on Māori on a case-by-case basis.

Ngā ritenga ā-pūtea / Financial implications

14. The proposed decision to receive the six-monthly report has no financial implications.

Ngā raru tūpono / Risks

15. The proposed decision to receive the six-monthly report has no risk. ATEED assesses and manages any risk associated with their initiatives on a case-by-case basis.

Ngā koringa ā-muri / Next steps

16. The next ATEED six-monthly report will be presented to the local board in early 2019 and will cover the period 1 July to 31 December 2018.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Devonport-Takapuna Local Board - Auckland Tourism Events and Economic Development six monthly update 1 January - 30 June 2018	419