Agenda of Rodney Local Board

The Chairperson opened the meeting and welcomed those in attendance.

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

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

4 Confirmation of Minutes

That the Rodney Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 20 September 2018 as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

7.1 Green Road Reserve Dairy Flat - Petition for Dog Park

Te take mō te pūrongo / Purpose of the report

1. To receive a petition from the Hibiscus Coast Dog Training Club regarding space for a dog park within the planned Green Road reserve.

Whakarāpopototanga matua / Executive summary

2. The Rodney Local Board has received a petition regarding a request Hibiscus Coast Dog Training Club regarding making provision for a dog space within the planned Green Road reserve

3. Representatives from the Hibiscus Coast Dog Training Club will present the petition at the October meeting on behalf of the signatories to the petition.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) Receive the petition from signatories requesting space for a dog park within the planned Green Road reserve.

Attachments

a Green Road Reserve Dog Park Petition...................................................... 235

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Rodney Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

8.1 Guardians of the Forest (Warkworth)

Te take mō te pūrongo / Purpose of the report

1. Colin Binsted and representatives of Mahurangi College, Warkworth, will be in attendance to outline a proposal for ‘Guardians of the Forest’ to become guardians for two pieces of council owned bush reserve adjacent to Mahurangi College on the north side of the Mahurangi River.

2. Through predator control, weed eradication and planting of locally sourced endemic plants the group aims to turn the forest into a ‘living classroom’ and use it as an essential education tool and facility.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) thank Colin Binsted and the representatives from Mahurangi College for their presentation on a proposal to become ‘Guardians of the Forest’ for two pieces of council owned bush reserve adjacent to the college on the north side of the Mahurangi River.

9 Public Forum

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

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

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Rodney Local Board

18 October 2018

Draft Facility Partnership Policy

File No.: CP2018/17996

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 to the agenda report) 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 Rodney Local Board:

a) support the adoption of the Draft Facility Partnerships Policy

b) 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	15
b ⇩	Draft Facility Partnerships Policy	17
c ⇩	Facility partnerships with Māori - Summary report	61
d ⇩	Draft Facility Partnerships Policy - Public feedback summary report	89

Ngā kaihaina / Signatories

Author

Rebekah Forman - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Louise Mason - GM Local Board Services

Rodney Local Board

18 October 2018

Relationship Agreement between Rodney Local Board and Ngāti Whātua o Kaipara

File No.: CP2018/19605

Te take mō te pūrongo / Purpose of the report

1. To obtain the Rodney Local Board’s approval to enter into a formal governance relationship agreement with Ngāti Whātua o Kaipara.

Whakarāpopototanga matua / Executive summary

2. This report recommends that the Rodney Local Board enter into the formal Ngāti Whātua o Kaipara and Auckland Council Relationship Agreement, and that the Chairperson is authorised to sign the agreement on behalf of the local board at a public ceremony.

3. Auckland Council has an existing range of instruments and mechanisms to recognise and provide for its relationships with mana whenua. There is a strong desire from all parties to formalise the foundational governance relationships through the development of relationship agreements and in some cases acknowledge and build from legacy agreements held with former councils.

4. The final draft agreement (Attachment A to the agenda report) for consideration recognises the two parties, sets out the purpose, aspirations and shared principles, and in particular acknowledges the governance context of Auckland Council through the governing body and Rodney Local Board.

5. There are a number of appendices, being the administrative provisions, existing and future projects or arrangements, and specific local board arrangements. These have not yet been completed and can be drafted following meetings and discussions with Ngāti Whātua o Kaipara following the election of the newly constituted Rodney Local Board.

6. Following the previous workshop with the local board in August 2018, alterations have been made to the attached draft. The local board and representatives from Ngā Maunga Whakahii o Kaipara Development Trust met in April 2018 to discuss entering into the relationship agreement.

7. The Ngāti Whātua o Kaipara Governance Relationship Agreement will be the second relationship agreement with iwi to be entered into by the Rodney Local Board and will be signed at a ceremony with a date and venue to be agreed upon by the parties.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) note the legacy agreement with Ngāti Whātua o Kaipara and Rodney District Council

b) agree to enter into a governance relationship agreement with Ngāti Whātua o Kaipara

c) approve the draft agreement as attached to the agenda report at Attachment A to the agenda report

d) delegate the Chairperson to sign-off on any minor drafting changes to the attached final draft agreement

e) authorise the Chairperson to sign the agreement on behalf of the local board at a public ceremony, date to be confirmed

f) agree for Local Board Services and Te Waka Angamua staff to coordinate a suitable date and venue as agreed between Auckland Council and Ngāti Whātua o Kaipara for a public signing ceremony.

Horopaki / Context

8. Auckland Council has an existing range of instruments and mechanisms to recognise and provide for its relationships with mana whenua. There is a strong desire from all parties to formalise the foundational governance relationships through the development of relationship agreements and in some cases acknowledge and build from legacy agreements held with former councils.

9. The overall relationship agreement framework sits at two levels. The first tier being the governance relationships with the governing body and local boards and includes any co-governance arrangements. The second tier includes departmental, Council Controlled Organisations (CCOs), capacity funding agreements, service contracts and consent protocols.

10. Te Waka Angamua, with the support of Legal Services has been coordinating the development of a Governance Relationship Agreement (Agreement) with Ngāti Whātua o Kaipara, and has had input and feedback from local board services staff, the Rodney Local Board and Ngāti Whātua o Kaipara representatives.

11. Following this process, staff now consider that the drafting process of the main agreement is in its final stages, and only minor drafting changes would be required to present the Agreement for signing. Staff propose that the Chairperson is delegated to approve any minor drafting changes to enable expediency.

12. The Ngāti Whātua o Kaipara Relationship Agreement will be the second relationship agreement with iwi to be entered into by the Rodney Local Board.

Tātaritanga me ngā tohutohu / Analysis and advice

13. The Agreement has been drafted so as not to be deliberately over-prescriptive but contains the essential elements in current non-commercially driven relationship agreements between iwi and other parties.

14. The Agreement recognises the two parties to the Agreement and in particular acknowledges the governance context of Auckland Council through the Governing Body and Rodney Local Board.

15. The first part of the Agreement outlines the purpose, aspirations and shared principles. Any specific commitments, projects and arrangements, engagement and meeting protocols can also be contained, or referred to, within the body of the Agreement.

16. There are a number of appendices, being the administrative provisions, existing and future projects or arrangements, and specific local board arrangements. These have not yet been completed and can be drafted following meetings and discussions with Ngāti Whātua o Kaipara.

17. Any other relevant departmental and operational documents will be added as schedules to the Agreement and can therefore be amended easily without requiring alteration of the main Agreement.

Signing Ceremony

18. Following the local board’s approval to enter into the Agreement, staff from Local Board Services and Te Waka Angamua will coordinate with the Mayor’s office and Ngāti Whātua o Kaipara to find a suitable date and mutually agreed venue for a public signing ceremony to take place. The appropriate communications relating to the event will be drafted and approved as appropriate.

19. Parties will also receive a framed acknowledgement of the Agreement for display purposes.

Further work

20. The Agreement is structurally a living document. It is therefore intended that discussion on various current and future projects, arrangements, engagement and meeting protocols can be led by the new local board to be developed and framed together with Ngāti Whātua o Kaipara in the next term to ensure it aligns with their particular priorities and ways of working.

21. The Agreement as a first-tier document is the leading document in what will become a compendium for all matters relating to Ngāti Whātua o Kaipara held across council. These will also include any co-governance arrangements, departmental, CCOs and capacity funding agreements, service contracts and consent protocols.

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

22. At a workshop on the 1 September 2015, Te Waka Angamua staff outlined the contextual background and purpose of the relationship agreements framework, and also sought information from the local board on relationships with significant iwi groups within the area.

23. Staff then began discussions with various iwi across the region, including Ngāti Whātua o Kaipara. The development of a draft template by Legal Services assisted with discussions and exchanges between Te Waka Angamua and Local Board Services staff on a specific Ngāti Whātua o Kaipara draft agreement.

24. On 2 August 2018, the local board was presented with a memorandum and draft agreement between Auckland Council and Ngāti Whātua o Kaipara, being one of the significant iwi groups previously identified in the local board’s area. Although there was broad general support, some members sought further clarification and understanding of aspects of the draft itself and the process moving forward.

25. Accordingly, alternations have been made to the draft that was presented in August.

26. Tauākī whakaaweawe Māori / Māori impact statementThe formal entry into this agreement addresses the goals contained within Auckland Council’s Māori Responsiveness Framework providing for effective participation in democracy; an empowered council organisation and strong Māori communities. The operation and practical application of the agreement is guided by the drivers of the framework in enabling:Te Tiriti o Waitangi/Treaty of Waitangi outcomes; Māori outcomes; fulfilment of statutory Māori obligations; and valuing Te Ao Māori. Ngāti Whātua o Kaipara has confirmed their willingness and enthusiasm in being a party to the agreement. In terms of valuing local Māori identity, the agreement is a starter for enduring positive relationships with Treaty partners and provides opportunities for the local board to work alongside iwi in key areas identified in its local board plan being housing, economic development, employment, environmental protection and cultural heritage.

Ngā ritenga ā-pūtea / Financial implications

7. General costs (venues, catering) relating to meetings finalising the agreement and signing ceremony will be covered by the governance division. Following signing, the matter of costs and incidentals will be for discussion and by arrangement of the parties and specifics may need to be costed into particular projects agreed including incorporation into negotiations relating to capacity contracts and master service agreements..

Ngā raru tūpono / Risks

8. There are no specific risks arising from this report, however, if the local board does not approve the draft agreement it will add delay to the schedule of the signing ceremony.

Next Steps

9. Te Waka Angamua and Local Board Services staff will arrange a signing ceremony before the end of the calendar year.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Draft Relationship Agreement between Rodney Local Board and Ngāti Whātua o Kaipara	103

Ngā kaihaina / Signatories

Author

Dean Martin - Principal Advisor Māori Relations & Governance

Authorisers

Graham Pryor - GM Maori Responsiveness & Relationships

Lesley Jenkins - Relationship Manager

Rodney Local Board

18 October 2018

Review of the Code of Conduct

File No.: CP2018/19035

Te take mō te pūrongo / Purpose of the report

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

Whakarāpopototanga matua / Executive summary

2. The council’s initial Code of Conduct was prepared by the Auckland Transition Agency prior to Auckland Council commencing. It was last reviewed in 2013. The Code of Conduct has worked well but there have been a number of issues identified. The Governing Body agreed that the Code of Conduct 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 of Conduct 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 of Conduct address the issues that were identified.

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

i) The draft Code of Conduct 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 draft Code of Conduct and key policies and protocols and adopted with the draft Code of Conduct:

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 of Conduct.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) provide its feedback on the draft Code of Conduct in Attachments A and B of the agenda report.

Horopaki / Context

What is the Code of Conduct

6. A code of conduct (code) 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. Price Waterhouse Coopers (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, staff and 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 the Local Government Official Information Act (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 five 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 and Risk Committee.

Local board feedback

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

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

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

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

· Support for the access to information protocol

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

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

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

Tauākī whakaaweawe Māori / Māori impact statement

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

Ngā ritenga ā-pūtea / Financial implications

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

Ngā raru tūpono / Risks

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

Ngā koringa ā-muri / Next steps

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

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Draft Code of Conduct	127
b ⇩	Draft Code of Conduct attachments	141

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Louise Mason - GM Local Board Services

Rodney Local Board

18 October 2018

Rodney Local Board

18 October 2018

Rodney Local Board and Committee's Meeting Schedule 2019

File No.: CP2018/19235

Te take mō te pūrongo / Purpose of the report

1. To seek the adoption of the Rodney Local Board, Rodney Local Board Transport, Infrastructure and Environment Committee, and the Parks and Recreation Committee meeting schedule for 2019.

Whakarāpopototanga matua / Executive summary

2. Local board meetings are open to the public and will be notified through public notices in appropriate media. It is prudent for the local board to adopt a meeting schedule as it ensures local board members have clarity about their commitments, gives an indication to the public of when meetings are to be held and meets the requirement of the Local Government Act 2002 sch 7, para 19(5)(b) It also allows for a planned approach to workloads and ensures clarity about diary commitments.

3. A meeting schedule for each local board is adopted to schedule the meetings for the upcoming year.

4. The specific times and dates for the meetings, public engagements and any hearings which may be required for matters such as local board plans and local board agreements are yet to be finalised. Local board meeting schedules will therefore need to be updated and provision made if hearings are proposed.

Ngā tūtohunga / Recommendation/s

That the Rodney Local Board:

a) adopt the meeting schedule for 2019 as listed below:

MEETING

DATE AND TIME

VENUE

Rodney Local Board

Rodney Local Board Transport, Infrastructure and Environment Committee

Thursday, 21 February 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 21 March 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Transport, Infrastructure and Environment Committee

Thursday, 18 April 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Coatesville Hall (TBC)

MEETING

DATE AND TIME

VENUE

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 16 May 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Transport, Infrastructure and Environment Committee

Thursday, 20 June 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 18 July 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Transport, Infrastructure and Environment Committee

Thursday, 15 August 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Wellsford Community Centre (TBC)

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 19 September 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

b) notes that the dates and times for any hearings that may be required and deliberations for the Rodney Local Board Agreement 2019/2020 are not finalised and as such the meeting schedule may require alteration.

Horopaki / Context

5. Adopting a meeting schedule allows for a planned approach to workloads and ensures local board members have clarity about their commitments. It also gives an indication to the public of when meetings are to be held and meets the requirement of the Local Government Act 2002, sch 7para 19.

6 Each local board develops a local board agreement annually. This document is subject to public consultation and the local board may hold hearings to give submitters the opportunity to express their views verbally or hear community views through ‘Have Your Say’ events.

7. The specific times and dates for the local board agreement process are yet to be finalised. Local board meeting schedules may therefore need to be updated once details are confirmed.

8. In addition to local board meetings, local boards will hold workshops that are closed to the public. The proceedings of every workshop are recorded and considered at the next business meeting of the local board in accordance with current local board standing order provisions.

Tātaritanga me ngā tohutohu / Analysis and advice

9. The Local Government Act 2002, sch 7, paras 19(4), 19(5) and 19(6), state that:

“(4) A local authority must hold meetings at the times and places that it appoints.

(5) Unless clause 22 (extraordinary meeting) applies, the chief executive must give notice in writing to each member of the time and place of a meeting -

(a) not less than 14 days before the meeting; or

(b) if the local authority has adopted a schedule of meetings, not less than 14 days before the first meeting on the schedule.”

(6) If a local authority adopts a schedule of meetings, -

(a) the schedule –

(i) may cover any future period that the local authority considers appropriate; and

(ii) may be amended; and

(b) notification of the schedule or of any amendment to that schedule constitutes a notification of every meeting on the schedule or amendment.”

10. Similarly, the Local Government Official Information and Meetings Act 1987, ss46, 46(A) and 47 require that:

· meetings of a local authority are publicly notified

· agendas and reports are available at least two working days before a meeting

· local board meetings are open to the public.

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

11. Accordingly, it is recommended that the local board adopt the following schedule for their business meetings in 2019:

MEETING

DATE AND TIME

VENUE

Rodney Local Board

Rodney Local Board Transport, Infrastructure and Environment Committee

Thursday, 21 February 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 21 March 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Transport, Infrastructure and Environment Committee

Thursday, 18 April 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Coatesville Hall (TBC)

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 16 May 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

MEETING

DATE AND TIME

VENUE

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 18 July 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

Rodney Local Board

Rodney Local Board Transport, Infrastructure and Environment Committee

Thursday, 15 August 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Wellsford Community Centre (TBC)

Rodney Local Board

Rodney Local Board Parks and Recreation Committee

Thursday, 19 September 2019 at 2.00pm;

3.30pm or at the conclusion of the full local board meeting

Council Chamber

Orewa Service Centre

50 Centreway Road, Orewa

12. This decision falls under the local board’s delegated authority.

13. Meetings of the local boards are supported by Auckland Council’s Local Board Services Department.

14. The local board has expressed a desire to hold business meetings out in the community at least twice a year. Two external sites have been recommended for 2019 in Coatesville and Wellsford.

Tauākī whakaaweawe Māori / Māori impact statement

15. There is no specific impact for Māori arising from this report.

Ngā ritenga ā-pūtea / Financial implications

16. There are no financial implications arising from this report. However, if the local board choose to hold additional business meetings in external sites during the year these may incur additional costs (e.g. hireage) that will need to be assessed as and when they are incurred.

Ngā raru tūpono / Risks

17. If the local board does not adopt a meeting schedule for 2019 it will jeopardise the booking of meeting spaces and may impact the ability to advertise some meetings in time to meet statutory requirements.

Ngā koringa ā-muri / Next steps

18. Local Board Services staff will book meeting spaces and arrange for advertising local board business meetings in due course.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author	Robyn Joynes - Democracy Advisor - Rodney
Authorisers	Lesley Jenkins - Relationship Manager

No.	Title	Page
a ⇩	Chairperson's report October 2018	211

No.	Title	Page
a ⇩	Governance Forward Work Programme Calendar 2018	215

No.	Title	Page
a ⇩	Workshop Record 6 September 2018	223
b ⇩	Workshop Record 4 October 2018	225

Rodney Local Board

18 October 2018

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