Agenda of Franklin Local Board

Franklin Local Board

23 October 2018

Auckland Transport Monthly Update to the Franklin Local Board - October 2018

File No.: CP2018/18650

Te take mō te pūrongo / Purpose of the report

1. To provide an update to the Franklin Local Board on transport-related matters in their area, including Local Board Transport Capital Fund (LBTCF) project updates.

Whakarāpopototanga matua / Executive summary

2. The Franklin Local Board currently has four active LBTCF proposals, of which three are completed and awaiting the reporting of final costs. A new proposal for parking improvements on Station Road in Pukekohe was initiated in September.

3. The board held a workshop on 9 October to consider potential new LBTCF proposals. The board decided to request rough costs on a number of new proposals, for which a draft resolution has been included in the recommendations.

4. At Pukekohe station, the Exeloo toilets are not yet commissioned due to water flow rate issues. Beca has completed an assessment and proposes to increase the water meter and pipe to 60mm. Full costs are being assessed as well as the least disruptive route to install this pipe.

5. Auckland Transport will provide a plan of action in relation to a proposed travel demand management plan/approach for Pukekohe.

6. Auckland Transport is improving road safety by installing white horizontal bar markings at selected rural crossroad intersections in the Franklin Local Board area.

7. Auckland Transport has released its Annual Report for 2017/18.

8. Auckland Transport consulted the Franklin Local Board on two new proposals in its area over the last month, in Brookby and Pukekohe, and on an accelerated programme of safe speed limit changes in Beachlands, Pukekohe south-west and Pukekohe south.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) receive the report entitled ‘Auckland Transport update to the Franklin Local Board – October 2018’.

b) request Auckland Transport to provide rough orders of costs for the potential new Local Board Transport Capital Fund projects listed below:

i) Ronald Avenue roading improvements, Glenbrook Beach – new kerb and channel, new footpath and formalised parking (angle if possible) on the flat section of Ronald Avenue and Fleet Street;

ii) 172-174 Princes Street West, Pukekohe – new kerb and channel on the south side fronting the Princes Street Reserve between property numbers 166 and 176 (approx. 35m long);

iii) Awhitu Road, Awhitu peninsula – completion of flag lighting at every intersection along Awhitu Road when not already present and using solar lighting where a power connection is not economically available;

iv) Tourist Road and Monument Road intersection, Clevedon – installation of motion-activated electronic warning signage on Tourist Road approaches to the intersection;

v) Shelly Bay Road, Beachlands – new kerb and channel on both sides of Shelly Bay Road between Beachlands and Karaka Roads intersections;

vi) Karaka Road, Beachlands – new kerb and channel on north side of Karaka Road fronting Beachlands Domain;

vii) First View Avenue, Beachlands – new kerb and channel on both sides of First View Avenue between Bell Road and Pohutukawa Road intersections;

viii) Second View Avenue, Beachlands – new kerb and channel on south side between Cherrie Road and Sunkist Bay Road intersection.

c) request Auckland Transport to provide a list of any bus stops in the Franklin Local Board area for which new bus shelter requests have been received, and boarding information for those stops concerned.

Horopaki / Context

9. Auckland Transport is responsible for all of Auckland’s transport services, excluding state highways. Auckland Transport reports on a monthly basis to local boards, as set out in the Local Board Engagement Plan. This monthly reporting commitment acknowledges the important engagement role local boards play within and on behalf of their local communities.

10. This report addresses transport-related matters in the local board area and includes information on the status of the Local Board Transport Capital Fund (LBTCF) and updates on current LBTCF projects.

Tātaritanga me ngā tohutohu / Analysis and advice

11. The Franklin Local Board’s LBTCF funding availability is summarised below.

Franklin Local Board transport capital fund financial summary

Funds available in current political term (includes 2019/20 FY)	$2,856,450
Amount committed to date on projects approved for design and/or construction	$1,841,450
Remaining budget left	$1,015,000

12. The board’s current or recently completed LBTCF projects are included in the table below (NB: ROC = rough order of costs, and FEC = firm estimate of cost):

ID#	Project Description	Progress/Current Status
443	*Upgrade of Beachlands town centre gardens* · FEC estimate of $279,396 (for hardwood) · Spend to date = $262,104	· On 6-Jun-17, the board approved construction, based on hardwood FEC. *Latest update:* · Construction completed. · Concerns regarding the planting and lack of soil top up in the planters have been referred to the project manager. He agrees and will confer with the arborist to resolve (their advice was not to overfill the root system with topsoil). · Final costs to be reported.
518	*First View Avenue, Beachlands* Installation of new kerb and channel between Sunkist Bay and Wakelin Roads (both sides) · FEC estimate of $347,097 · Spend to date = $330,291	· On 28-Nov-17, the board approved the project for construction based on the estimate of $347,097. *Latest update:* · Construction completed. · Final costs to be reported.
519	*Second View Avenue, Beachlands* Installation of new kerb and channel between Puriri and Cherrie Roads (north side) · FEC estimate of $340,000 · Spend to date = $337,124	· On 28-Nov-17, the board approved the project for construction based on the estimate of $340,000. *Latest update:* · Construction completed. · Final costs to be reported.
520	*Pukekohe Flagtrax* Proposed installation on existing streetlights in Pukekohe · ROC estimate of $147,000 (based on an estimated 150 units) · Spend to date = $6,770	· On 6-Jun-17, the board approved the project for detailed design and costings, based on the estimate of $147,000 for 150 FlagTrax units. · An inventory of poles has been compiled. This this for the loop road around the Pukekohe CBD that has 154 poles. · AT does not support the installation of Flagtrax on its streetlight assets. *Latest update:* · AT will reimburse the expenditure to date given it does not approve the project.
631	*Station Road parking and pedestrian improvements* A project to formalise and improve parking on Station and Birch Roads, and improve pedestrian safety by providing new footpath on Station Road, Pukekohe · ROC estimate of $181,104	· On 25-Sep-18, the board approved the project for detailed design and costs based on the ROC of $181,104. *Latest update:* · Internal resourcing for the project is being confirmed.

ID#

Project Description

Progress/Current Status

443

Upgrade of Beachlands town centre gardens

· FEC estimate of $279,396 (for hardwood)

· Spend to date = $262,104

· On 6-Jun-17, the board approved construction, based on hardwood FEC.

Latest update:

· Construction completed.

· Concerns regarding the planting and lack of soil top up in the planters have been referred to the project manager. He agrees and will confer with the arborist to resolve (their advice was not to overfill the root system with topsoil).

· Final costs to be reported.

518

First View Avenue, Beachlands

Installation of new kerb and channel between Sunkist Bay and Wakelin Roads (both sides)

· FEC estimate of $347,097

· Spend to date = $330,291

· On 28-Nov-17, the board approved the project for construction based on the estimate of $347,097.

Latest update:

· Construction completed.

· Final costs to be reported.

519

Second View Avenue, Beachlands

Installation of new kerb and channel between Puriri and Cherrie Roads (north side)

· FEC estimate of $340,000

· Spend to date = $337,124

· On 28-Nov-17, the board approved the project for construction based on the estimate of $340,000.

Latest update:

· Construction completed.

· Final costs to be reported.

520

Pukekohe Flagtrax

Proposed installation on existing streetlights in Pukekohe

· ROC estimate of $147,000 (based on an estimated 150 units)

· Spend to date = $6,770

· On 6-Jun-17, the board approved the project for detailed design and costings, based on the estimate of $147,000 for 150 FlagTrax units.

· An inventory of poles has been compiled. This this for the loop road around the Pukekohe CBD that has 154 poles.

· AT does not support the installation of Flagtrax on its streetlight assets.

Latest update:

· AT will reimburse the expenditure to date given it does not approve the project.

631

Station Road parking and pedestrian improvements

A project to formalise and improve parking on Station and Birch Roads, and improve pedestrian safety by providing new footpath on Station Road, Pukekohe

· ROC estimate of $181,104

· On 25-Sep-18, the board approved the project for detailed design and costs based on the ROC of $181,104.

Latest update:

· Internal resourcing for the project is being confirmed.

Local Board Transport Capital Fund workshop

13. At a workshop on 9 October 2018, the Franklin Local Board discussed and considered a range of potential new LBTCF projects.

14. The board determined to seek rough orders of cost from Auckland Transport on those projects described below:

a) Ronald Avenue roading improvements, Glenbrook Beach – new kerb and channel, new footpath and formalised parking (angle if possible) on the flat section of Ronald Avenue and Fleet Street

b) 172-174 Princes Street West, Pukekohe – new kerb and channel on the south side fronting the Princes Street Reserve between property numbers 166 and 176 (approx. 35m long)

c) Awhitu Road, Awhitu peninsula – completion of flag lighting at every intersection along Awhitu Road when not already present and using solar lighting where a power connection is not economically available

d) Tourist Road and Monument Road intersection, Clevedon – installation of motion-activated electronic warning signage on Tourist Road approaches to the intersection

e) Shelly Bay Road, Beachlands – new kerb and channel on both sides of Shelly Bay Road between Beachlands and Karaka Roads intersections

f) Karaka Road, Beachlands – new kerb and channel on north side of Karaka Road fronting Beachlands Domain

g) First View Avenue, Beachlands – new kerb and channel on both sides of First View Avenue between Bell Road and Pohutukawa Road intersections

h) Second View Avenue, Beachlands – new kerb and channel on south side between Cherrie Road and Sunkist Bay Road intersection.

15. The board also asked to receive a list of any bus stops in the local board area for which new bus shelter requests have been received by Auckland Transport, and boarding information for those stops concerned.

16. This report provides recommendations for actions to give effect to the workshop outcomes sought above.

Responses to resolutions

17. At its 17 November 2017 business meeting, the board passed the resolution below:

Resolution number FR/2017/200

That the Franklin Local Board:

a) request that Auckland Transport expedite completion of the Comprehensive Parking Management Plan and parking survey for Pukekohe, in order that current and projected car parking requirements can be ascertained in light of the town’s growth and to inform decisions on proposed disposals of car parking land.

18. The parking survey and final report have been completed. A workshop session has been booked in October to present the final report to the board.

19. At its 28 August business meeting, the board passed the resolution below:

Resolution number FR/2018/116

That the Franklin Local Board:

a) note with concern the sub-standard quality of chip sealing repairs and request that Auckland Transport:

i) take steps to identify areas where recent chip sealing is failing and put in place and communicate with the Local Board a plan to rectify these failings;

ii) put in place more robust monitoring of contractors’ work;

iii) research alternative surface methods and materials that will address these quality concerns.

20. An interim response was tabled at the 25 September meeting, advising that Auckland Transport will undertake an audit of all chip seal sites completed in the 2016/17 and 2017/18 financial years and provide a report back to the board on the findings and any performance issues relating to the chip seal works. The audit will include the standard of the bitumen used and a report back can be expected prior to Christmas.

21. Auckland Transport’s asset and road corridor delivery managers will also attend a board workshop in November to discuss the board’s concerns regarding chip seal quality, and inform the board regarding upcoming trials of different surfacing treatments.

22. At its 25 September business meeting, the board passed the resolutions below:

Resolution number FR/2018/135

That the Franklin Local Board:

a) request inclusion in the Supporting Growth programme of strategic connections and public transport improvements to serve the growth at Hingaia, Karaka, Kingseat, Clarks Beach and Glenbrook Beach (a minimum of 8,100 homes, as set out in the Future Urban Land Supply Strategy 2017)

b) request an assessment of the cumulative impact of the planned growth at Hingaia, Karaka, Kingseat, Clarks Beach and Glenbrook Beach on Linwood Road and the Hingaia Road bridge

c) request an update on the expected timeframe of improvements to Redoubt Road/Murphys road interchange

d) Request that Hunua Village be included in the speed limit reduction programme.

23. In relation to resolution a), a key outcome of the Supporting Growth Alliance (SGA) is to protect the strategic corridors needed for the whole transport network and this requires comprehensive assessment of future urban form. A key part of this is to undertake regional transport modelling consistent with:

· the growth projections of Auckland Council’s 2017 Future Urban Land Supply Strategy, which includes projected growth at Hingaia, Karaka, Kingseat, Clarks Beach and Glenbrook Beach

· recent data from actual developments

· new future growth estimates from Auckland Council’s structure planning process.

24. Regarding resolution b), the SGA is currently undertaking an option assessment process and will be presenting a preferred transport network to Auckland Transport and the NZ Transport Agency Boards for endorsement early next year. As part of the assessment, the SGA is considering whether the urban development of growth areas (including Clarks Beach, Kingseat etc) will trigger the need to upgrade the existing road network. In addition to what has been presented in public consultation material, the SGA is considering other options for the long term network, including Linwood Road and Hingaia Road. Transport modelling will be used to assess future traffic and impacts on capacity from future urban areas. Based on the results of this, a decision will be made as to whether these existing roads will need to be upgraded.

25. In relation to resolution c), the Mill Road Corridor project has now been included within the Supporting Growth Programme which will re-evaluate the scope of the original project as part of the strategic transport network for in the south to support future growth. The SGA is currently considering:

· options to support greater movement of people along the corridor

· additional new connections in northern section

· options to pass through or around Papakura

· where the southern section of the corridor should connect to State Highway 1.

26. The SGA is also identifying intersection and safety improvements along the Mill Road corridor using the funding included in the 2017/18 Regional Land Transport Plan (RLTP). The “KiwiRAP” New Zealand Road Assessment Programme will be used to help determine which intersections should be targeted. Based on the 2012-2016 data on KiwiRAP, the Redoubt Road/Murphys Road intersection is rated as having ‘high collective risk’ and would make a strong case for prioritising investment. Once the SGA has undertaken the assessment, it will engage further with the local board to discuss the intersections identified for improvements.

27. As previously mentioned, the SGA is currently undertaking its option assessment process, and is aiming to present its preferred transport network for endorsement by the Auckland Transport and NZ Transport Agency Boards early next year. SGA would then progress individual Detailed Business Cases for identified projects. These business cases will consider different intersection treatments along the Mill Road Corridor.

28. In relation to resolution d), Auckland Transport confirms that the speed limit in Hunua village will be included in Tranche 1 of proposed speed limit reductions, as part of a review of existing 70 km/h zone, as that speed is not a standard speed limit under the new Land Transport Rule: Setting of Speed Limits 2017. The proposal in Hunua will be for the existing 70 km/h speed zone to be dropped to 50 km/h.

Local projects and activities

Pukekohe Station project update

29. Stage 2 of the Pukekohe station upgrade project is nearing completion, and the new station is open and operational.

30. The Exeloo toilets are not yet commissioned due to water flow rate issues. Beca has completed an assessment and proposes to increase the water meter and pipe to 60mm. Full costs are being assessed as well as the least disruptive route to install this pipe.

31. The design for the roading works in front of 99 Manukau Road has been commissioned and is ongoing. The design is expected to be complete before the year end, and construction to commence in 2019.

32. Outstanding project works include:

· install pram crossing on eastern side of Station Road

· install handrail around platform stairs to prevent people striking their heads

· extend downpipe by platform stairs to drain to a man hole

· resolve water ponding issues near mobility parking spaces in park and ride area

· reconnect Exeloo toilets

· complete road works in front of 99 Manukau Road

· install information sign for iwi carving (awaiting wording confirmation from mana whenua)

· review pavement markings in pick-up/drop-off bay on Station Road (visibility in the wet).

33. For more information on the project, visit at.govt.nz/pukekohestation.

Pukekohe Travel Demand proposal

34. The Franklin Local Board has asked if Auckland Transport can support a project within the Pukekohe area that would promote a change in travel behaviour and encourage more people to use the public transport options available, particularly local bus services but also the train.

35. Initial discussions have been held with Auckland Transport’s Travel Demand Manager, who has indicated that his team would be keen to work on a travel demand management plan/ approach for Pukekohe. The exact form of that plan or approach will need to be developed.

36. It is proposed that the travel demand team develops a draft Plan of Action, which it should have ready to share towards the end of October/November. There may be some activities that could be undertaken prior to Christmas, but realistically it may be more appropriate to focus on a more concerted effort in February and March.

Rural intersection road marking and signage improvements

37. Auckland Transport is improving road safety by installing white horizontal bar markings at selected rural crossroad intersections in the Franklin Local Board area. In some cases, new signage will also be installed.

38. This is one component of Auckland Transport’s efforts to improve safety at rural crossroad intersections in the Auckland region. The markings are designed to raise awareness of an upcoming intersection and encourage drivers to reduce their speed and give-way to traffic on the main road.

39. Treatments will include:

· White horizontal bar markings starting approximately 200 m from an intersection

· Changes to speed signs and advanced curve advisory signs.

40. An overview map of the intersections being treated is shown at Attachment A. Design plans for the standard markings and signage to be installed are included at Attachment B. The road markings to be installed will be thermoplastic markings.

41. The work is expected to be undertaken between September 2018 and June 2019.

Other transport news

Auckland Transport Annual Report

42. Auckland Transport has released its Annual Report which shows how the organisation has performed in 2017/18 against its Statement of Intent.

43. Some of the highlights from the 2017/18 year includes opening the 3.4 km Waterview Shared Path, launching the east and central new bus networks, opening the new $39 million Manukau Bus Station, launching two electric buses on the City Link service and opening the upgraded $16 million Pukekohe bus and train station.

44. The updated Auckland Transport Alignment Project (ATAP) was also signed, which commits to a $28 billion investment in the transport network in partnership with the Government and Auckland Council.

45. Public transport has been a key focus of AT, and in the past year patronage has risen 4.4%. There were 92.3 million trips made on public transport in the 2017/18 year.

46. Walking and cycling infrastructure was also a priority, 38% of Aucklanders now ride a bike, which was shown in the Active Modes Research.

47. Another highlight was the Whangaparaoa Road dynamic lane trial that helps commuters get to work and back home faster by transforming the median strip to another traffic lane in the morning and afternoon. This increases the road’s capacity and reduces congestion during peak times.

48. Moving forward into next year, reducing death and serious injury is the number one priority, and Auckland Transport is committed to making the entire road network safe by moving towards a Vision Zero approach. To improve safety, congestion and lower emission levels, there also needs to be fewer single-occupant vehicles.

49. The full annual report can be found on:
https://at.govt.nz/about-us/reports-publications/annual-reports/<Enter text>

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

50. Auckland Transport provides the Franklin Local Board with the opportunity to comment on transport projects being delivered in the local board area.

51. The board’s views on any proposed schemes are taken into account during consultation on those proposals.

Auckland Transport consultations

52. Consultation documents for the following proposals have been provided to the Franklin Local Board for its feedback. The proposals are summarised below, as is any feedback received, and any responses to that feedback, if available at the time of writing.

53. Following public and stakeholder consultation, Auckland Transport considers the feedback received and determines whether to proceed further with the proposal as consulted on, or proceed with an amended proposal if changes are considered necessary.

54. Proposed right turn restriction on quarry trucks at the Twilight Road and Brookby Road intersection, Brookby – as part of an already granted Resource Consent condition for the ongoing operation of Brookby Quarries, the Quarry is required to prevent trucks departing the quarry from turning right from Twilight Road onto Brookby Road between the hours of 7-9am and 4-6pm (Monday to Friday). The Quarry regularly reminds drivers of this restriction to encourage compliance; however, the consent requires the installation of signage at the intersection to formalise the restriction.

55. The board supported the proposal.

56. Proposed ‘No Stopping At All Times’ (NSAAT) parking restrictions, Edinburgh Street, Pukekohe – as part of an already granted Resource Consent at 133 Edinburgh Street, and in order to ensure that additional vehicles generated by the proposal do not park within locations that could compromise sightlines for vehicles exiting the site, NSAAT parking restrictions are proposed along the site frontage to Edinburgh Street and part of Grierson Place.

57. The board had no issues with the proposal.

58. Proposed speed limit changes in Beachlands, Pukekohe south-west and Pukekohe south – as part of an accelerated programme of safe speed changes, Auckland Transport is proposing to reduce speed limits on the following roads in Beachlands and in areas of south-western and south Pukekohe as described below, and as shown in the maps at Attachment C:

b) Jack Lachlan Drive, the existing 100 km/h section will be lowered to 60 km/h

c) the Beachlands urban traffic speed zone of 50 km/h will extend to cover the land between Beachlands and Jack Lachlan Drive in response to the development occurring in this area

d) Puni Road, the existing 70 km/h section will be lowered to 60 km/h

e) Puni Road, the existing 100 km/h section north of Rowles Road will be lowered to 60 km/h

f) Extension of the urban traffic area each side of Puni Road, all existing roads within the extension of the urban traffic area will be lowered to 50 km/h and a speed limit of 50 km/h will be confirmed for all new roads built as part of subdivisions

g) Upper Queen Street, between Woodlands Road and the Pukekohe urban 50 km/h area, the existing 100 km/h section will be lowered to 50 km/h

h) Upper Queen Street, between Woodlands Road and the Waikato District boundary, the existing 100 km/h section will be lowered to 80 km/h

i) Tuakau Road, between Ray Wright Road and the Pukekohe urban 50 km/h area, the existing 100 km/h section will be lowered to 80 km/h.

j) Bayly Road, Ray Wright Road and Tuakau Road, along the sections that sit on the boundary of Auckland Council and Waikato District Council, set a speed limit of 80 km/h to match the speed limit set by Waikato District for these roads

k) Woodlands Road, for the entire length of the road, the existing 100 km/h section will be lowered to 60 km/h

l) Webb Street, for the entire length of the road, the existing 100 km/h section will be lowered to 60 km/h

m) Quarry Road, for the entire length of the road, the existing 100 km/h section will be lowered to 60 km/h

n) Urban speed limits will extend to the northern section of Upper Queen Street in response to the development occurring in this area.

Traffic Control Committee (TCC) resolutions

59. Resolutions passed by the TCC during the month of September 2018 affecting the Franklin Local Board area are shown below.

Street/s (Suburb)	Type of Report	Nature Of Restriction	Decision
Beachlands Road, Whitford-Maraetai Road (Beachlands)	Permanent Traffic and Parking changes Combined	Cycle Lane, Shared Cycle Path, No Stopping At All Times, Traffic Islands, Roundabout Controlled By Give-Way, Give-Way Control, Flush Median, Edge Line, Shoulder Marking, Delineators	Carried
Whitford Park Road, Polo Lane (Whitford)	Permanent Traffic and Parking changes Combined	Lane Arrow Markings, Give-Way Control, Flush Median, Edge Line, No Passing	Carried
Drury Hills Road, Appleby Road Unnamed Road (Drury)	Permanent Traffic and Parking changes Combined	Lane Arrow Markings, Edge Line, Flush Median, Give-Way Control	Approved in Principle
Rewa Road, Carlton Crescent, Coney Lane (Maraetai)	Permanent Traffic and Parking changes	No Stopping At All Times	Carried
Brookside Road, Mission Bush Road, Beach Road, Dunsmuir Road, McLarin Road (Glenbrook)	Permanent Traffic and Parking changes Combined	Lane Arrow Markings, Traffic Island, Stop Control, Give-Way Control, Flush Median, Edge Line, No Passing	Carried
Whitford Park Road, Unnamed Roads, Whitford-Maraetai Road, Sandstone Road, Saleyard Road (Whitford)	Permanent Traffic and Parking changes Combined	No Stopping At All Times, Lane Arrow Markings, Give-Way Control, Traffic Island, Edge Line, Flush Median, Roundabout Controlled By Give-Way	Approved in Principle

Tauākī whakaaweawe Māori / Māori impact statement

60. The proposed decision of receiving the report or requesting cost estimates has no impacts or opportunities for Māori. Any engagement with Māori, or consideration of impacts and opportunities, will be carried out on an individual project basis.

Ngā ritenga ā-pūtea / Financial implications

61. The proposed decision of receiving the report or requesting cost estimates on new projects has no financial implications.

Ngā raru tūpono / Risks

62. The proposed decision of receiving the report or requesting cost estimates has no risks.

Ngā koringa ā-muri / Next steps

63. Auckland Transport will provide another update report to the board next month.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇨	Proactive Intersections Treatment Location Plan 1 (Under Separate Cover)
b ⇨	Proactive Rural Road Intersection marking (Under Separate Cover)
c ⇨	Safe Speed Programme: Beachlands (Under Separate Cover)

Ngā kaihaina / Signatories

Author

Jenni Wild, Elected Member Relationship Manager South (Manurewa, Franklin), Auckland Transport

Authorisers

Jonathan Anyon, Elected Member Relationship Manager, Auckland Transport

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

Renewal of lease and deed of lease for additional premises to Franklin Historical Society Incorporated, 22 Edinburgh Street and Roulston Park, 9 Stadium Drive, Pukekohe

File No.: CP2018/14800

Te take mō te pūrongo / Purpose of the report

1. To grant a renewal of lease and deed of lease for additional premises to Franklin Historical Society Incorporated, 22 Edinburgh Street, Pukekohe and Roulston Park, 9 Stadium Drive, Pukekohe.

Whakarāpopototanga matua / Executive summary

2. Franklin Historical Society Incorporated has a community lease for rooms within the Old Borough Council building, 22 Edinburgh Street, Pukekohe commencing 1 March 2008 for a term of nine years to 28 February 2017. The lease contains two further renewal terms of 10 years each with final expiry 28 February 2037.

3. The society has indicated to council that it wishes to continue its use of the building and has applied for the first renewal term from 1 March 2017 to 28 February 2027.

4. A renewal process has been undertaken which includes reviewing the lessee’s performance and financial sustainability, the need for the lessee’s services in the area, alignment of the local board’s objectives and that the premises are not required for other purposes.

5. Staff are satisfied the society meets the renewal standards and recommend a lease renewal. The society’s current rent is $200.00 plus GST per annum. This is similar to the subsidised maintenance fee for use of a council owned building outlined in the Community Occupancy Guidelines 2012.

6. The society makes use of a gallery room within the building at 22 Edinburgh Street for meetings and exhibitions that is not currently within the lease site plan. It is recommended a deed of lease for additional premises be granted to include this room (marked in Attachment A). Public notification and iwi consultation is required to include the room as leased area.

7. The society also uses the Pioneer Cottage at Roulston Park, 9 Stadium Drive, Pukekohe as an ongoing historical exhibit. It is recommended a deed of lease for additional premises be granted to include this building (marked in Attachment B). The leases would contain the same terms and conditions of the original lease dated 13 May 2008 reaching final expiry on 28 February 2037.

8. As Roulston Park is a classified recreation reserve under the Reserves Act 1977 a lease under Section 73(3) of the act is required and public notification and iwi consultation for the proposed lease will be carried out with any submissions brought to the local board for determination if required.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) grant a renewal of community lease to Franklin Historical Society Incorporated for its rooms at 22 Edinburgh Street, Pukekohe subject to the following terms and conditions:

i) term – 10 years commencing 1 March 2017 to 28 February 2027 with one further term of renewal of 10 years

ii) rent - $200 plus GST per annum (which contributes to the subsidised maintenance of a council owned building)

iii) all other terms and conditions in accordance with the lease to Franklin Historical Society Incorporated dated 13 May 2008 and the Local Government Act 2002.

b) grant a lease for additional premises, subject to public notification and iwi consultation, to Franklin Historical Society Incorporated for the gallery room at 22 Edinburgh Street, Pukekohe (Attachment A) with the following terms and conditions:

i) term – 10 years commencing 1 March 2017 to 28 February 2027 with one further renewal term of 10 years

ii) all other terms and conditions in accordance with the lease to Franklin Historical Society Incorporated dated 13 May 2008 and the Local Government Act 2002.

c) grant a lease for additional premises, subject to public notification and iwi consultation, to Franklin Historical Society Incorporated for the Pioneer Cottage at Roulston Park, 9 Stadium Drive, Pukekohe (Attachment B) with the following terms and conditions:

i) term – 10 years commencing 1 March 2017 to 28 February 2027 with one further renewal term of 10 years

ii) all other terms and conditions in accordance with the lease to Franklin Historical Society Incorporated dated 13 May 2008 and the Reserves Act 1977.

d) The local board to appoint a hearings panel of its members to determine any submissions received as a result of public notification.

Horopaki / Context

The land and buildings

9. The land at 22 Edinburgh Street, Pukekohe is described as Lot 2 DP 154963 held in fee simple by Auckland Council and subject to the Local Government Act 2002. The building, known as the Old Pukekohe Borough Council building, is owned by Auckland Council and used by the Franklin Historical Society, NZ Plunket Trust and as a hall for hire.

10. The group currently occupy four small rooms in the building, used for the sorting and storing or archival items, and share common areas such as bathrooms.

11. The land at Roulston Park, 9 Stadium Drive, Pukekohe is described as Part Allotment 12 Parish of Pukekohe contained in NA592/251(Limited) and is held in fee simple by Auckland Council as a classified recreation reserve subject to the Reserves Act 1977.

12. The building, known as the Pioneer Cottage is owned by Auckland Council and used by Franklin Historical Society as an historical exhibit. As the use is not recreational in nature a lease under Sec 73(3) of the Reserves Act would need to be issued and the reserve could be reclassified in future as an historic reserve if this is appropriate.

13. Public notification and iwi consultation for the proposed lease of additional premises for the Gallery Room at 22 Edinburgh St and at Roulston Park will need to be carried out under the Local Government Act 2002 and the Reserves Act 1977. Any submissions that required determination would be brought to the local board to be heard.

Franklin Historical Society Incorporated

14. The society was established in 1958 for the purposes of collecting, preserving, recording and displaying items of historical interest relating to the Franklin area. It became an incorporated society on 24 July 2006.

15. The society stage displays, participate in local open days and events, are actively involved in the Auckland Council Heritage Festival and make items available for members of the public, school groups and family members to assist with historical education and research.

16. The society is a member of the New Zealand History Federation, is careful to follow archiving best practice and work closely with neighbouring historical societies. The society has 124 members, a core committee of 13 and two part time staff, and holds monthly member and public meetings, often with guest speakers. The society produces a quarterly historical newsletter.

17. The society opens the Pioneer Cottage, which houses an historical display set up as a pioneer home, on two Sundays per month. The cottage is also opened at other times by arrangement for school, probus, special interest and seniors groups.

Tātaritanga me ngā tohutohu / Analysis and advice

18. The society has submitted a comprehensive lease renewal application and a site visit to both premises was carried out on 24 October 2017. The rooms the society uses are well maintained and utilised, the group operating well and Roulston Cottage has a well set out display.

19. Under the terms of the lease the renewal can be approved if council is satisfied the society has not breached any terms, there is sufficient need for the activities undertaken and the property is not required for any other purpose.

20. A renewals assessment has been undertaken and staff recommend the Franklin Local Board approve the renewal of lease.

21. Over the past two years the society has been making use of a gallery room within the leased building for meetings and exhibitions. The room is not within the current lease site plan but is a room that was not being used.

22. Notes show it was originally intended to be in the site plan, but there were plans for it to be booked out for public use. There is a hall for hire venue within the building and this is used by the community. As the community have not used the gallery room and the society can use the room it is recommended a lease for additional premises be granted to include this room (marked in Attachment A).

23. As this area is not currently included in the lease area and the lease will be longer than six months public notification and iwi consultation will be required pursuant to section 138 of the Local Government Act 2002.

24. The society also uses the Pioneer Cottage at Roulston Park, 9 Stadium Drive, Pukekohe as an ongoing historical exhibit. This was done under an arrangement with the legacy Franklin District Council and it is recommended a lease for additional premises be granted to include this building (marked in Attachment B) to formalise this arrangement. The leases would contain the terms and conditions of the original lease dated 13 May 2008 and reach final expiry on 28 February 2037.

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

25. The recommendations in this report fall within the local board’s allocated authority relating to local, recreation, sports and community facilities.

26. Work on the renewal of the lease to the society and lease for additional premises has been approved as a work programme item for the 2018/19 financial year and progress on the matter has been reported in the monthly Community Facilities Mahi Tahi updates to keep the local board informed.

Tauākī whakaaweawe Māori / Māori impact statement

27. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader statutory obligations to Māori. Support for Māori initiatives and outcomes are detailed in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

28. Membership of the society is open to all and it cares for the archival history of all aspects of local history including Māori ancestry. Access to the societies’ records and archives is open to all and of benefit to many in the local area, including Māori.

Ngā ritenga ā-pūtea / Financial implications

29. Costs involved in the preparation of the deed of renewal and deed of lease for additional premises are borne by Auckland Council.

30. Costs for public notification of the intention to grant a lease for additional premises on a reserve and any subsequent deeds are also borne by Auckland Council.

Ngā raru tūpono / Risks

31. If the lease renewal is not approved the society’s ability to carry out its core activity is impacted. Council has a contractual responsibility to formalise a lease renewal if the conditions stipulated in the lease have been met.

32. If a lease for additional premises is not granted to the society for its tenure at Roulston Cottage the society have no security of tenure over the premises. This can inhibit its ability to apply for funding and develop programmes and archival history to meet the needs of the local community.

33. There are no risks associated with the renewal or leases for additional premises.

Ngā koringa ā-muri / Next steps

34. If approved council staff will prepare a deed of renewal and deed of lease for additional premises, following public notification, for the group to sign.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Site Plan for Franklin Historical Society - 22 Edinburgh Street	21
b ⇩	Site Plan for Franklin Historical Society - Roulston Park	23

Ngā kaihaina / Signatories

Author

Christine Benson - Community Lease Advisor South

Authorisers

Rod Sheridan - General Manager Community Facilities

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

Renewal and variation of community lease to Te Akonga Early Learning Centre at 71 Franklin Road, Pukekohe

File No.: CP2018/18537

Te take mō te pūrongo / Purpose of the report

1. To approve the renewal of a community lease and variation of the rent amount for Te Akonga Early Learning Centre, 71 Franklin Road, Pukekohe.

Whakarāpopototanga matua / Executive summary

2. Te Akonga Early Learning Centre holds a community lease for the land its building is located on commencing 1 October 2006 for 10 years with one further right of renewal for 10 years. The first term of the lease expired on 30 September 2016.

3. The centre has applied for the renewal of the lease from 1 October 2016 to 30 September 2026.

4. A renewal process has been undertaken which includes:

· a review of the lessee’s performance to ensure that all lease conditions are being met

· a review to ascertain there is sufficient need for the required use and the premises are not required for any other purpose

· that the organisation holds sufficient funds to meet its financial liabilities and is financially sustainable

· that the services or programmes offered serve the local community and align with the objectives in the local board plan

5. Staff are satisfied the centre meet the required standard and recommend the lease renewal.

6. The centre’s current rent is $150.00 plus GST per annum. As the centre owns the building and improvements it pays all maintenance and utilities. Franklin Local Board members have approved variations to leases for groups in these circumstances in the past, decreasing the rent to $1.00 plus GST per annum if requested. This is in line with the current rates in the Auckland Council Community Occupancy Guidelines 2012 for group owned buildings.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) approve a renewal and variation of the community lease to Te Akonga Early Learning Centre for the land at 71 Franklin Road, Pukekohe subject to the following terms and conditions:

i) term – 10 years commencing 1 October 2016 to 30 September 2026

ii) variation of the rent from 1 October 2018, to $1.00 plus GST per annum if requested

iii) all other terms and conditions in accordance with the lease to Te Akonga Early Learning Centre dated 13 March 2007 and the Local Government Act 2002.

Horopaki / Context

The land and buildings

7. The land at 71 Franklin Road, Pukekohe is described as Lot 80 DP 101533 comprising 675 square metres and contained in NA55D/1115 and Lot 81 DP 101533 comprising 1489 square metres and contained in NA55D/1116. The Lots are held in fee simple by Auckland Council under the Local Government Act 2002. The centre occupies all of Lot 80 and an approximate one fifth of Lot 81 where it borders the road.

8. The building and improvements on the land are owned by Te Akonga Early Learning Centre.

Te Akonga Early Learning Centre

9. The centre is a charitable trust registered on 13 October 1997. It is a community based, not for profit early learning centre with an inclusive philosophy and a particular focus on providing services to children with additional needs, and their families, in the Franklin and surrounding area.

10. The centre originally operated from a site in Wellington Street, Pukekohe from 1989 and in 2008 moved to its new centre on Franklin Road, built as a result of an intensive fundraising programme. It has received an excellent review from the Education Review Office in 2017 and been recognised for its work providing quality first response support to children with additional needs and for its kapa haka programme and strong link to whanau wellbeing.

11. The centre typically caters for up to 60 children in a supportive, multicultural, learning environment. The building and play areas are well maintained by the centre who have a maintenance plan in place and an active board which looks after its affairs. The learning, play and care spaces are safe, vibrant and engaging.

12. In the future the centre wishes to extend its play area and provide a modern sensory playground. They are exploring options for this to be used not only for the children at the centre but also by the local community. The centre will submit plans in the future for land owner approval and a lease for additional premises which would be dealt with in a local board report if it progresses.

Tātaritanga me ngā tohutohu / Analysis and advice

13. The club has submitted a comprehensive lease renewal application and financial statements and a site visit was carried out on 18 September 2018.

14. The centre’s lease commenced on 1 October 2006 for a 10-year term with one 10-year right of renewal. The centre is seeking approval of its renewal term from 1 October 2016 to 30 September 2026.

15. Under the terms of the lease the renewal can be approved if council is satisfied the club has not breached any terms, there is sufficient need for the activities undertaken and the property is not required for any other purpose.

16. Renewal checks have been undertaken and all criteria are met, the centre is well run and meets important community needs. Staff recommend that the Franklin Local Board approve the renewal of lease.

17. The centre’s current rent amount is $150.00 plus GST per annum. The centre owns the improvements and pays all maintenance and utilities. Local board members have approved decreases in rent in the past to groups in similar circumstances to $1.00 plus GST per annum if demanded, in line with the rate in the Community Occupancy Guidelines 2012 for group owned buildings.

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

18. The recommendation in this report falls within the local board’s allocated authority relating to local, recreation, sports and community facilities.

19. Work on the renewal of the lease to the centre was approved as a work programme item for the 2017/18 year and progress on the matter has been reported in the monthly Community Facilities Mahi Tahi updates to keep the local board informed.

20. In the future, if the centre plans to extend its play area providing a modern sensory playground for its children and possibly those of the local community progress, plans for land owner approval and a lease for additional premises would be brought to the local board for input and approval.

Tauākī whakaaweawe Māori / Māori impact statement

21. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader statutory obligations to Māori. Support for Māori initiatives and outcomes are detailed in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.

22. The centre caters to local children and has a particular focus on children with additional needs. It has a multicultural mix of children and 39% of children attending at the time of the application identified as of Māori descent. The centre has a focus on tikanga Māori, kapa haka, the teaching of te reo and whanau

Ngā ritenga ā-pūtea / Financial implications

23. All costs involved in the preparation of the deed of renewal are borne by Auckland Council.

Ngā raru tūpono / Risks

24. If the lease renewal is not approved the centre’s ability to carry out its core activity, and the resultant benefits to the local community, are impacted. Council has a contractual responsibility to formalise a lease renewal if the conditions stipulated in the lease have been met.

Ngā koringa ā-muri / Next steps

25. Subject to local board’s approval, community leases staff will prepare a deed of renewal for the centre to sign.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Christine Benson - Community Lease Advisor South

Authorisers

Rod Sheridan - General Manager Community Facilities

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

New community lease to Royal New Zealand Plunket Trust, Whitford War Memorial Domain, 53R Whitford-Maraetai Road, Whitford

File No.: CP2018/18636

Te take mō te pūrongo / Purpose of the report

1. To grant a new community lease to Royal New Zealand Plunket Trust for the Plunket rooms at Whitford War Memorial Domain, 53R Whitford-Maraetai Road, Whitford.

Whakarāpopototanga matua / Executive summary

2. The Whitford War Memorial Domain houses a playing field, playcentre, set of tennis courts and pavilion building. Two small rooms and a toilet attached to the pavilion have been used by the Plunket Society for 20 years, but there is no formal lease in place. Occupation was provided by legacy Manukau City Council by way of a booking arrangement with the pavilion, but a community lease for exclusive use of the rooms is the correct arrangement for these rooms.

3. On 1 January 2018 the Royal New Zealand Plunket Society Incorporated assigned its leases to a new national entity, the Royal New Zealand Plunket Trust. The assignments were consented to by Auckland Council. A new lease will be under the name of Royal New Zealand Plunket Trust.

4. Under the provisions of the Auckland Council Community Occupancy Guidelines 2012 a new community lease for a term of five years with one five year right of renewal is recommended for a council-owned building. The tenant would pay a subsidised maintenance fee for use of the building and the utilities it uses.

5. Under the Local Government Act 2002 Auckland Council must publicly notify its intention to grant a new community lease for a period longer than six-months duration. This would be carried out if the lease is granted, with implementation of the lease subject to this notification.

6. The Plunket clinic at the site provides a valuable service in the local community and the rooms are well used and maintained. The grant of a new community lease is recommended.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) grant a new community lease, subject to public notification and iwi consultation, to the Royal New Zealand Plunket Trust, located on part of Whitford War Memorial Domain, 53R Whitford-Maraetai Road, Whitford (Attachment A), on the following terms and conditions:

i) term – five years commencing 1 December 2018 with one five year right of renewal

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

iii) maintenance fee - $250.00 plus GST per annum

iv) the approved Royal New Zealand Plunket Trust, Whitford Community Outcomes Plan (Attachment B) be attached as a schedule to the lease document

v) all other terms and conditions in accordance with the Local Government Act 2002 and the Auckland Council Community Occupancy Guidelines 2012.

b) appoint a hearings panel of its members to consider and determine any submissions received as a result of public notification if required.

Horopaki / Context

The land and buildings

7. Whitford War Memorial Domain is legally described as Part Allotment 2 Parish of Maraetai comprising 3.2375 hectares and contained in parent title NA752/161 (Cancelled - Limited). The land was acquired pursuant to the Public Works Act 1928 for a war memorial and vested in Manukau County Council in 1951. The land has not been classified as a reserve and is held in fee simple by Auckland Council under the Local Government Act 2002.

8. A future roading project known as the Whitford Bypass may affect the domain land. It is not in the current long term roading plan so is likely to be 2025 or later. While the road widening is likely to affect the playcentre and one tennis court, there is no impact on the pavilion building which houses the Plunket rooms. Relocation of the playcentre within the domain is included in the roading plan.

9. The Plunket leased area, marked on Attachment A, incorporates two small rooms and a toilet and is attached to the pavilion building. It has its own power meter for electricity supply and operates on tank water which council maintains.

Royal New Zealand Plunket Trust

10. Plunket has submitted an extensive application and is able to demonstrate its viability to deliver services. While a national not-for-profit organisation it remains community operated and governed. It provides caring, professional well child and whanau services providing access for all children and families regardless of ethnicity, location or ability to pay.

11. Programmes are designed to support families with young children and offer a range of activities including support and developmental assessments of children at varying stages between birth and five years.

12. Plunket visits take place at pre-schools, marae, Plunket rooms and community facilities. Visits give families the opportunity to discuss parenting, whanau issues and children’s health and development.

13. The Whitford clinic operates on Mondays and Thursdays for booked appointments and monthly before-school checks, solids group-talks, network meetings and trainings are held. It is used to store needed resources and files and is well set up as a for its clinic appointments. he clinic works well with the neighbouring clinics at Botany and Clevedon and provides wrap-around support and referrals.

14. A site visit was undertaken on 17 September 2018 and the Plunket clinic is well managed and maintained.

Tātaritanga me ngā tohutohu / Analysis and advice

15. A community outcomes plan, Attachment B, has been negotiated with the trust that identifies the benefits the group will provide to the community. This will be attached as a schedule to the lease document.

16. Plunket is financially viable and audited accounts show proper accounting records have been kept.

17. Plunket clinics have operated from the site at Whitford War Memorial Domain for 20 years as a booked arrangement from the pavilion building set up by legacy Manukau City Council. As Plunket have exclusive use of the two small rooms and toilet attached to the pavilion for regular clinics, a community lease is the correct occupation arrangement for the rooms. The pavilion building now also operates under a community lease to Whitford Tennis Club Incorporated.

18. This report recommends the Franklin Local Board grant a new community lease to the trust for part of this council-owned building for a term of five years with one five year right of renewal.

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

19. The recommendations in this report fall within the local board’s allocated authority relating to local, recreation, sports and community facilities.

20. Work on a new community lease has been approved as a work programme item (#2684) for the 2018/2019 year and progress on the matter has been reported in the Community Facilities Mahi Tahi updates to keep the local board informed.

21. The recommendations support the Franklin Local Board Plan 2017, Outcome Five: Communities feel ownership and connection to their area. We support community participation in helping to shape people’s quality of life, creativity, health and wellbeing.

Tauākī whakaaweawe Māori / Māori impact statement

22. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan, the Long-term Plan 2012-2022, the Unitary Plan, Whiria Te Muka Tangata Māori Responsiveness Framework and local board plans.

23. Plunket actively support whanau Māori to achieve and maintain their maximum health and wellbeing. Plunket do this by providing a quality health service and by working closely with others in the health sector and in local communities to meet local needs.

Ngā ritenga ā-pūtea / Financial implications

24. Costs for public notification of the intention to grant a new community lease and any subsequent deed of lease are borne by Auckland Council.

Ngā raru tūpono / Risks

25. If a new community lease is not granted to Plunket the Trust have no security of tenure over the clinic premises. This can inhibit its ability to:

· apply for funding

· develop programmes

· deliver its services to the community.

26. There are no risks associated with the granting of a new community lease.

Ngā koringa ā-muri / Next steps

27. Subject to the grant of a new community lease, staff will undertake public notification, iwi engagement and work with Plunket to finalise the community lease arrangement.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Site Plan for Royal NZ Plunket Trust - Whitford	33
b ⇩	Community Outcomes Plan for Royal NZ Plunket Trust - Whitford	35

Ngā kaihaina / Signatories

Author

Christine Benson - Community Lease Advisor South

Authorisers

Rod Sheridan - General Manager Community Facilities

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

Names for roads being extended in the subdivision at 96 Karaka Road, Beachlands by Pine Harbour Holdings Limited

File No.: CP2018/18857

Te take mō te pūrongo / Purpose of the report

1. To seek approval from the Franklin Local Board for new road names for two new sections of public road in the subdivision at 96 Karaka Road, Beachlands by Pine Harbour Holdings Limited. These sections of new public road are extensions of Jack Lachlan Drive and Gateway Avenue.

Whakarāpopototanga matua / Executive summary

2. Auckland Council has road naming guidelines that set out the requirements and criteria of the Council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland Region.

3. The applicant has submitted the following names for consideration for the new sections of public road at 96 Karaka Road, Beachlands:

Road 1 (Lot 71 DP 525325):

· Jack Lachlan Drive

Road 2 (Lot 72 DP 525325):

· Gateway Avenue

4. The names ‘Jack Lachlan Drive’ and ‘Gateway Avenue’ are recommended for approval to the Local Board.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) approve the names ‘Jack Lachlan Drive’ and ‘Gateway Avenue’ for the extension of the roads with the same names in the subdivision at 96 Karaka Road, Beachlands, in accordance with section 319(1)(j) of the Local Government Act 1974.

Horopaki / Context

5. Resource consent (referenced MC_48758) was granted for the land at 96 Karaka Road, Beachlands. The approved development was for a subdivision to create 27 residential lots and two balance lots together with land use resource consent for the development of 27 dwellings on the residential lots.

6. The residential subdivision will be serviced by roads that continue the alignment of Jack Lachlan Drive and Gateway Avenue as well as having frontage to another existing road, being Quarters Lane. The names for these existing roads were approved by the Franklin Local Board on 24 November 2015.

Tātaritanga me ngā tohutohu / Analysis and advice

7. The Auckland Council Road Naming Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the Local Board’s approval.

8. Auckland Council’s road naming criteria typically require that road names reflect:

· A historical or ancestral linkage to an area;

· A particular landscape, environment or biodiversity theme or feature; or

· An existing (or introduced) thematic identity in the area.

· The use of Maori names is also encouraged.

9. The applicant has proposed the following names for consideration for the new sections of public road be created in their development at 96 Karaka Road, Beachlands as shown in Figure 1 below.

Lot identifier number	Proposed Road Names (Extension)	Relevance
Lot 71	Jack Lachlan Drive	Extension to the existing road, Jack Lachlan Drive.
Lot 72	Gateway Avenue	Extension to the existing road, Gateway Avenue.

Figure 1: Location and layout of the new roads in relation to the existing legal roads Jack Lachlan Drive and Gateway Avenue.

10. The new sections of road are a continuation of two existing roads (Jack Lachlan Drive and Gateway Avenue) and there are no intersecting roads which could otherwise demarcate any change in road name (were this to have been proposed). The standard of formation has been designed to tie into the existing road formation so as to be a self-evident continuation of the same road.

11. As extensions of two existing roads, the applicant has not undertaken consultation with Land Information New Zealand or local iwi as the road names are in current use and no changes are proposed.

12. As the applicant’s preferred names (Jack Lachlan Drive and Gateway Avenue) meet the road naming guidelines, they are recommended for consideration for approval, while noting that no alternative road names have been provided.

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

13. The decision sought for this report does not trigger any significant policy and is not considered to have any impact on the community.

Tauākī whakaaweawe Māori / Māori impact statement

14. As extensions of two existing roads, the applicant has not undertaken consultation with local iwi as the road names are in current use and no changes are proposed.

Ngā ritenga ā-pūtea / Financial implications

15. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road name.

Ngā raru tūpono / Risks

16. The decision sought from the Franklin Local Board for this report is not considered to have any legal or legislative implications.

Ngā koringa ā-muri / Next steps

17. Approved road names are notified to Land Information New Zealand who records them on their New Zealand wide land information database which includes street addresses issued by councils.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Chris Oliphant – Senior Planner

Authorisers

Trevor Cullen - Team Leader Subdivision

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

Local Board endorsement of change in project status level for Pukekohe.

File No.: CP2018/19013

Te take mō te pūrongo / Purpose of the report

1. To obtain Franklin Local Board endorsement for the status change of Pukekohe from ‘Support’ project to ‘Unlock’ project in Panuku’s programme.

Whakarāpopototanga matua / Executive summary

2. Following a Panuku review of the programme, we determined that Pukekohe meets the criteria and could be changed from the Support to Unlock category. Pukekohe has:

· A large number of sites of reasonable scale or clusters that can be aggregated for commercial and residential development, which enables us to fund resources.

· Electrification of the rail line is anticipated in next the five years.

· A large future urban zone has been approved.

· There is significant developer and investor interest.

3. The Panuku Board have approved the ‘upgrade’ of Pukekohe to an ‘Unlock’ location from a ‘Support’ location at their October board meeting.

4. Panuku staff workshopped the potential project scope and timeline with the Franklin Local Board on 2 October 2018. This was a robust dialogue on the programme scope, benefits and costs with all Pukekohe local board members in attendance.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) endorse Panuku to seek a change in Pukekohe project status from Support to Unlock at the governing body meeting in November 2018.

Horopaki / Context

5. The difference between Support and Unlock:

Support

· General strategic and integrated planning

· Normal resourcing (functional teams)

· All proceeds to be transferred to Auckland Council

· No reinvestment at town-wide level

· Potential to align/leverage council planning processes and crown appetite

· Local board reporting

· No placemaking, no public realm reinvestment

Unlock

· Scoping of a High Level Project Plan (HLPP)

· Official project team created (project lead, development manager, project co-ordinator, plus subject matter experts)

· Determine a potential reinvestment boundary

· Reinvestment for placemaking and public realm enabled

· Scope potential reinvestment through HLPP

· Potential to align/leverage council planning processes and crown appetite

· Regular face-to face local board engagement

6. Unlock criteria:

Criteria	Pukekohe
Government priority (1-10 years)	Yes–Wider area including Auckland-Hamilton corridor
Alignment with revised Auckland Plan Development Strategy (years 1-10)	Yes–Rural Node in Development Strategy
Council land available for redevelopment of sufficient scale to make an impact	Yes
Alignment with strategic public transport investment/s	Yes
Demonstrable market interest and demand	Yes–strong, regular market approaches
Potential for Panuku to add value beyond current approaches	Yes–needs a strategic approach to site sales

Tātaritanga me ngā tohutohu / Analysis and advice

7. Unlock Pukekohe is an opportunity for the Franklin Local Board, through Panuku, to take a holistic regenerative approach to town centre redevelopment incorporating a commercial development strategy with public good investment and place making. Franklin have the assets required to enable this type of regeneration:

· Approximately 34 properties with good or somewhat good potential for divestment/development/disposal

· A number of properties already cleared for sale

· Significant planning work: Area Plan, Unitary Plan, Structure Plan, transport planning and good planning for the town centre

· A number of unlisted properties are available for further exploration

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

8. The Franklin Local Board is in favour of working closely with Panuku and changing the status of Pukekohe to an Unlock.

9. The local board chairperson, Angela Fulljames, spoke in favour of including Pukekohe as an Unlock at the planning committee workshop.

10. Pukekohe local board members, and others, spoke in favour of the change in workshop.

Tauākī whakaaweawe Māori / Māori impact statement

11. Tāmaki Makaurau has the highest Māori population in the world with one in four Māori in Aotearoa living here.

12. Māori make up 12% of the region’s total population who mainly live in Manurewa, Henderson-Massey, Papakura, Ōtara-Papatoetoe, Māngere-Ōtahuhu and Franklin. Māori have a youthful demographic with 50% of Māori in Tāmaki Makaurau under the age of 25 years. 5% of the Māori population in the region are currently 65 years and over.

13. There are 19 Mana Whenua in the region, with 12 having indicated an interest in Panuku lead activities within the Franklin Local Board area.

14. Panuku work collaboratively with Mana Whenua on a range projects including potential property disposals, development sites in the area and commercial opportunities. Engagement can be on specific individual properties and projects at an operational level with kaitiaki representatives, or with the Panuku Mana Whenua Governance Forum who have a broader mandate.

15. Panuku will continue to partner with Māori in the Franklin Local Board area on opportunities which enhance Māori social and economic wellbeing.

Ngā ritenga ā-pūtea / Financial implications

16. In Pukekohe there are many council owned sites of reasonable scale, or clusters, that can be aggregated, for commercial and residential development, some of which have already been cleared for sale, for example 82 Manukau Road in the Edinburgh Street block.

17. Panuku has already agreed with the local board to take a more holistic and strategic approach to development of this town centre. There are properties in the pipeline which we have agreed not to clear for disposal until a commercial strategy has been agreed.

18. In an initial analysis we have identified 33 properties with good or somewhat good potential for divestment/development/disposal. The 33 properties have a combined 2017 valuation of $18m. This excludes the Council building with $5.5m valuation. The general property types for investigation include:

· Vacant land with no physical addresses – there are at least 5 of these

· Random park/open space with residential zonings

· Town centre carparks – subject to a comprehensive parking management plan

· Remnant land from the 1960’s ring road project

· Two ‘Future Urban’ zoned properties

19. There are also four Haumaru sites in the area as well as optimisation opportunities in relation to service sites.

20. The Comprehensive Parking Management Plan for Pukekohe is nearing completion by Auckland Transport and we will soon have a view as to the transport and parking requirements.

21. The wider area is of significant interest to the crown and was considered in the recent Hamilton to Auckland Corridor Study. Electrification of the rail line is anticipated in next five years. A large future urban zone has been approved. There is significant developer and investor interest.

22. Development in the town centre will increase the business vitality and support the provision of a full range of services for the surrounding rural area. Approximately 1700 Ha of land for future urban development has been identified around Pukekohe with potential to accommodate 14,000 dwellings.

Ngā raru tūpono / Risks

23. As an Unlock, a High-Level Project Plan will be developed and it will raise community expectations for placemaking, community engagement and public realm investment – and would therefore need some funding. We are seeking to confirm the ability to reinvest the proceeds of property sales in accordance with the Unlock programme.

Ngā koringa ā-muri / Next steps

24. Assuming the local board and the governing body approve the addition of Pukekohe to the Unlock programme, it is anticipated that a High Level Project Plan could be completed by March/April 2019, and that this could be developed in tandem with the programme business case for approval in June 2019.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Helga Sonier - Senior Engagement Advisor, Panuku Development Auckland

Authorisers

Richard Davison - Senior Project Planning Leader, Panuku Development Auckland

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

Draft Facility Partnership Policy

File No.: CP2018/17875

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 Franklin 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 (Under Separate Cover)
b ⇨	Draft Facility Partnerships Policy (Under Separate Cover)
c ⇨	Facility partnerships with Māori - Summary report (Under Separate Cover)
d ⇨	Draft Facility Partnerships Policy - Public feedback summary report (Under Separate Cover)

Ngā kaihaina / Signatories

Author

Rebekah Forman - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

Review of the Code of Conduct

File No.: CP2018/18649

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. It 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:

(i) The Code itself is more concise

(ii) Material breaches are defined

(iii) There are separate complaint processes depending on whether a complaint relates to a non-material breach, a material breach or conflict of interest

(iv) The current independent review panel is replaced by a Conduct Commissioner, who can impose sanctions

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

(vi) There is no political involvement in determining a complaint or imposing sanctions

(vii) Related documents are bundled in with the code and key policies and protocols and adopted with the code:

a. Conflict of interest policy

b. Access to information protocol

c. Election year policy

d. Communications policy

e. Media protocols

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

Ngā tūtohunga / Recommendation/s

That the Franklin 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% 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:

(i) 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.

(ii) 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.

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

(iv) 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.

(v) 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.

(vi) 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 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:

(i) The code itself contains:

a. principles

b. descriptions of material breaches

c. the complaints process.

(ii) The second document contains attachments which provide more detail:

a. 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.

b. Description of applicable legislation which the Local Government Act requires all codes to contain

c. 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. The community trusts that members will act in the interest of the community and not their own interest, for example. 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 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:

(i) Policies and protocols that are adopted along with the code:

· Conflict of interest policy

· Access to information protocol

· Election year policy

· Communications policy

· Media protocols

(ii) A description of legislation that is required by the Local Government Act 2002.

(iii) Documents that are external to the code but are included because they are relevant to conduct:

· Guide to governance roles and responsibilities

· Guide to working with staff

· 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 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:

(i) Give effect to the legal ‘need to know’ principle.

(ii) 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.

(iii) 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.

(iv) Provide for transparent and impartial Chief Executive decisions on requests under this protocol, and a democratic mechanism for the reconsideration of such decisions.

(v) 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:

(i) Elected members make a request for information held by Council and explain why they need the information.

(ii) 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).

(iii) Decision and the provision of information to the elected member (with conditions if necessary for confidential information) within 5 working days.

(iv) If an elected member is not happy with the Chief Executive decision, they can ask it to be reconsidered by the Audit & 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:

(i) The principles based and positive intent in the drafting of the code

(ii) Defining material breaches and making the findings of complaints of a material breach public

(iii) 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

(iv) 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 (Under Separate Cover)
b ⇨	Draft Code of Conduct attachments (Under Separate Cover)

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Nina Siers - Relationship Manager

Franklin Local Board

23 October 2018

Community Response Fund allocation to Panuku Development Auckland on behalf of Pukekohe Performing Arts

File No.: CP2018/19516

Te take mō te pūrongo / Purpose of the report

1. To approve allocating $7,000 from the Community Response Fund to Panuku Development Auckland for one-years’ rent for Pukekohe Performing Arts at 17 Massey Road, Pukekohe.

Whakarāpopototanga matua / Executive summary

2. Pukekohe Performing Arts (PPA) are a well-established group providing activities contributing to a vibrant local art scene and who currently utilise premises situated at 19 Stadium Drive, Pukekohe, adjacent to the recently completed skate park.

3. The building at 19 Stadium Drive is experiencing ongoing vandalism, and PPA has requested that the local board investigate an alternate location for them as their members feel unsafe when accessing the premises.

4. A vacant building at 17 Massey Road, Pukekohe forms part of Panuku Development Auckland’s portfolio of assets and is suitable for the needs of PPA. Panuku Development Auckland (PDA) has offered a 50 per cent discount of the commercial rent from $14,000 to $7,000 per annum.

5. Staff recommend allocating $7,000 from the Community Response Fund to PDA to cover the first year’s rent costs and enable the group to relocate to a more appropriate site.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) approve allocating $7,000 from the Community Response Fund to Panuku Development Auckland for the 2018/2019 rent for Pukekohe Performing Arts at 17 Massey Road, Pukekohe.

Horopaki / Context

6. PPA has leased the premises at 19 Stadium Drive, Pukekohe since 1969. The building is used to store costumes and stage props.

7. In November 2017, a skate park opened on land adjacent to the premises at 19 Stadium Drive, and the skate park is popular with families and young people.

8. PPA are currently experiencing ongoing vandalism of the building at 19 Stadium Drive and their assets, particularly at the rear of the building which is not visible from the road. As a consequence of this activity PPA members do not feel safe accessing the premises.

9. The group have requested that the local board investigate an alternate location for them.

Tātaritanga me ngā tohutohu / Analysis and advice

10. A vacant building at 17 Massey Road, Pukekohe, which is part of Panuku Development Auckland’s portfolio of assets, has been identified by staff and PPA members as a suitable new location.

11. PDA has offered Pukekohe Performing Arts a rental price of $7,000 per annum, which is 50 per cent of the commercial rent.

12. Staff recommend allocating $7,000 from the Community Response Fund to pay the rent for the 2018/2019 financial year on behalf of Pukekohe Performing Arts as they provide activities contributing to a vibrant local art scene.

13. Staff will also discuss funding options for the 2019/2010 financial year with PPA including applying for a local board grant to assist with future rental costs.

14. Consideration has been given to the group remaining at their current site, but this is not a viable option because it is difficult to monitor the rear of the building alongside the skate park, particularly at night. CCTV is costly and has been shown to be ineffective in this location.

15. Further consideration will need to be given to the purpose and management of the building once vacated, starting with assignment of responsibility for the building, as there is a risk of recurring or increased vandalism.

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

16. The local board is committed to supporting communities to be actively involved in shaping and developing their areas to make them better and safer, reflecting the diversity and cultural heritage of the area.

17. The Pukekohe skate park development is a local board initiative, providing a vibrant community space for young people to be active.

18. PPA are well established and provide theatre performances and performing arts development opportunities in the local community.

Tauākī whakaaweawe Māori / Māori impact statement

19. The local board is committed to supporting community participation in helping to shape people’s quality of life, creativity, health and wellbeing, and this includes Maori.

20. Consideration has been given to the group, its users and the location of both buildings, and no specific impacts to Maori have been identified.

Ngā ritenga ā-pūtea / Financial implications

21. The Community Response Fund within the Arts, Community and Events Work Programme 2018/2019 has $70,000 available for the local board to respond to community needs.

22. An allocation of $7,000 to pay one years’ rent on behalf of PPA will leave $63,000 available in the Community Response Fund for the local board to respond to other community needs throughout the 2018/2019 financial year.

Ngā raru tūpono / Risks

23. If a new location for PPA is not found the members will continue to feel unsafe when accessing the building, as ongoing vandalism and graffiti has a direct impact on perceptions of safety. This can be mitigated by the group moving into the building at 17 Massey Road, Pukekohe.

24. The relocation of PPA will leave the premises at 19 Stadium Drive vacant, which presents a risk of continued vandalism. Staff will find a suitable use for the building to prevent this from occurring.

Ngā koringa ā-muri / Next steps

25. Upon approval staff will transfer $7,000 from the local board Community Response Fund to Panuku Development Auckland.

26. Pukekohe Performing Arts will be able to move into the new building at 17 Massey Road, Pukekohe as soon as the funds have been transferred.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Coral Timmins – Strategic Broker

Authorisers

Graham Bodman - General Manager Arts, Community and Events

Nina Siers - Relationship Manager

Chairperson	Angela Fulljames
Deputy Chairperson	Andrew Baker
Members	Malcolm Bell
	Alan Cole
	Brendon Crompton
	Sharlene Druyven
	Amanda Hopkins
	Murray Kay
	Niko Kloeten

Author	Denise Gunn - Democracy Advisor - Franklin
Authoriser	Nina Siers - Relationship Manager