Agenda of Waiheke Local Board

Waiheke Local Board

25 October 2018

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

9 Public Forum 5

9.1 Waiheke Rugby Club - James Petronelli and Brett Young 5

10 Extraordinary Business 6

11 Notices of Motion 6

12 Councillor's update 7

13 Waiheke Quick Response, Round One 2018/2019 grant allocations 9

14 Piritahi Marae Trust funding 2018/2019 19

15 Establishment of a transport forum 23

16 Review of the Code of Conduct 31

17 Notice of Motion - Shirin Brown - To support Aotea Great Barrier’s submission against the dumping of toxic waste from a marina into the marine environment of the Hauraki Gulf 115

18 Draft Facility Partnership Policy 129

19 Chairperson's report 221

20 Board member's report 223

21 Waiheke Local Board workshop record of proceedings 227

22 Governance Forward Work Programme 239

23 List of resource consents 243

24 Consideration of Extraordinary Items

PUBLIC EXCLUDED

25 Procedural Motion to Exclude the Public 251

C1 Sites and Places of Significance to Mana Whenua – Tranche 1: Plan Changes to the Auckland Unitary Plan (Operative in Part) and Auckland Council District Plan - Hauraki Gulf Islands Section 2018 251

1 Welcome

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace….good peace.

2 Apologies

An apology from Deputy Chairperson P Walden has been received for leave of absence.

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Waiheke Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 27 September 2018, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

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

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

9 Public Forum

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

9.1 Waiheke Rugby Club - James Petronelli and Brett Young

Te take mō te pūrongo / Purpose of the report

1. James Petronelli, Chairperson of the Waiheke Rugby Club, and Brett Young will be in attendance to highlight the recent Wallabies tour.

Ngā tūtohunga / Recommendation

That the Waiheke Local Board:

a) thank James Petronelli and Brett Young for their attendance and presentation.

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

11 Notices of Motion

Under Standing Order 3.11.1 a Notice of Motion has been received from Member S Brown for consideration under item 17.

Waiheke Local Board

25 October 2018

Waiheke Quick Response, Round One 2018/2019 grant allocations

File No.: CP2018/19404

Te take mō te pūrongo / Purpose of the report

1. To fund, part-fund or decline applications received for Waiheke Local Board Quick Response Round One 2018/2019.

Whakarāpopototanga matua / Executive summary

2. This report presents applications received in Waiheke Local Board Quick Response Round One 2018/2019 (refer to Attachment B).

3. The Waiheke Local Board adopted the Waiheke Local Grants Programme 2018/2019 on 26 April 2018 (refer to Attachment A). The document sets application guidelines for contestable community grants submitted to the local board.

4. The Waiheke Local Board has set a total community grants budget of $50,000.00 for the 2018/2019 financial year.

5. A total of $18,330.00 has been allocated for one local grant round. This leaves a total of $31,670.00 to be allocated for 2018/2019.

6. Nineteen applications were received for Waiheke Local Board Quick Response Round One 2018/2019, requesting a total of $55,526.00.

Ngā tūtohunga / Recommendations

That the Waiheke Local Board

a) agree to fund, part-fund or decline each application in Waiheke Quick Response Round One 2018/2019, listed in table one below.

Table one Waiheke Quick Response Round One 2018/2019 grant applications

Application ID	Organisation	Requesting funding for	Amount requested
QR1918-101	Waiheke Spiritual Cinema Circle Waiheke Community Cinema Trust	Towards hire costs of the Waiheke Community Cinema.	$1,050.00
QR1918-102	Waiheke Community Art Gallery Incorporated	Towards 2019 Treaty of Waitangi commemoration exhibition costs.	$4,000.00
QR1918-103	Waiheke Mustangs Softball Club Waiheke Sports Club Incorporated	Towards the establishment of the Waiheke Mustangs Softball Club.	$3,781.00
Application ID	Organisation	Requesting funding for	Amount requested
QR1918-104	Linda Savage The Artworks Theatre Incorporated	Towards "It's a wonderful life" theatre project costs.	$4,000.00
QR1918-105	Waiheke High School	Towards the registration fee of 30 participants to complete the Duke of Edinburgh Bronze Hillary Award.	$2,587.00
QR1918-106	Waiheke Playgroup Incorporated	Towards the Waiheke Playgroup venue hire costs in 2019.	$3,996.00
QR1918-108	The Waiheke Island Society for the Care of Animals Incorporated	Towards "operation thank you" costs for volunteers.	$1,500.00
QR1918-109	Gudrun Court under the umbrella of Community Networks Waiheke Incorporated	Towards costs related to The Third Space Project.	$4,000.00
QR1918-112	Waiheke Island Toy Library Incorporated	Towards the costs of safety equipment and outdoor toys.	$4,000.00
QR1918-113	Waiheke Adult Literacy Incorporated	Towards driving lessons costs.	$4,000.00
QR1918-114	Waiheke Youth Music Trust	Towards the costs of the youth musical events on Waiheke Island.	$4,000.00
QR1918-116	Angela Means	Towards "Music Heads" events costs.	$4,000.00
QR1918-117	Waiheke Bowling Club Incorporated	Towards the purchase of bowling sets for the club.	$1,650.00
QR1918-118	New Zealand Association For Environmental Education Incorporated	Towards the “Seaweek Rotoroa Island” day for the snorkel and kayak costs.	$1,856.00
QR1918-119	Youthline Auckland Charitable Trust	Towards costs of facilitating the “Personal Development Programme” for Waiheke High School students.	$3,776.00
QR1918-120	Waiheke Community Childcare Centre Incorporated	Towards the purchase of a heat pump for the Waiheke Community Childcare Centre.	$4,000.00
Application ID	Organisation	Requesting funding for	Amount requested
QR1918-121	Matiatia - Oneroa Ratepayers and Residents Association Incorporated	Towards maintenance costs for the interior and exterior of the Morra Hall.	$800.00
QR1918-122	Clean Island Limited	Towards the purchase of an excavator thumb.	$2,030.00
QR1918-123	Waiheke Musical Museum Charitable Trust	Towards maintenance of the instruments at the museum.	$500.00
Total			$55,526.00

Horopaki / Context

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

8. The Auckland Council Community Grants Policy supports each local board to adopt a grants programme. Waiheke Local Board adopted their grants programme for 2018/2019 on 26 April 2018 and will operate three quick response and two local grants rounds for this financial year.

9. The local board grants programme sets out:

· local board priorities;

· lower priorities for funding;

· exclusions;

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

· any additional accountability requirements.

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

Tātaritanga me ngā tohutohu / Analysis and advice

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

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

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

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

14. A summary of each application received through Waiheke Quick Response, Round One 2018/2019 is provided (refer to Attachment B).

Tauākī whakaaweawe Māori / Māori impact statement

15. The local board grants programme aims to respond to the council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori. Auckland Council’s Māori Responsiveness Unit has provided input and support towards the development of the community grant processes. Four organisations applying in this round have indicated that their project targets Māori or Māori outcomes.

Ngā ritenga ā-pūtea / Financial implications

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

17. The Waiheke Local Board has set a total community grants budget of $50,000.00 for the 2018/2019 financial year.

18. A total of $18,330.00 has been allocated for one local grant round. This leaves a total of $31,670.00 to be allocated for 2018/2019.

19. Nineteen applications were received for Waiheke Local Board Quick Response Round One 2018/2019, requesting a total of $55,526.00.

Ngā raru tūpono / Risks

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

Ngā koringa ā-muri / Next steps

21. Following the Waiheke Local Board allocating funding for round one quick response, Commercial and Finance staff will notify the applicants of the local board’s decision.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Waiheke Local Board Community Grants Programme 2018/2019	15
b ⇨	Waiheke Quick Response Round One 2018/2019 grant applications (Under Separate Cover)

Ngā kaihaina / Signatories

Author

Agus Castro Pons - Grants Advisor

Authorisers

Marion Davies - Grant Operations Manager

Shane King - Head of Operations Support

Helgard Wagener - Relshp Mgr - Great Barrier and Waiheke

Waiheke Local Board

25 October 2018

Piritahi Marae Trust funding 2018/2019

File No.: CP2018/19839

Te take mō te pūrongo / Purpose of the report

1. To approve the allocation of funding from the Waiheke Local Board 2018/2019 work programme line 808 - Māori Responsiveness, to the Piritahi Marae Trust.

Whakarāpopototanga matua / Executive summary

2. The local board has $15,000 available budget allocated to work programme line 808 - Māori Responsiveness, to respond to Māori aspirations and priorities in the local area.

3. Piritahi Marae is located at 53 Tahatai Road and is the only marae on Waiheke Island. It is governed by the Piritahi Marae Trust and is run entirely by volunteers.

4. The marae plays a significant role in the community, hosting hui and noho marae and supporting health and education outcomes for the community.

5. The local board met with the Piritahi Marae Trust on 16 August 2018 to discuss the marae’s aspirations, strategic priorities and how the local board could effectively respond.

6. Piritahi Marae identified two priority projects:

· increasing capability to cater for manuhiri through the installation of two gas califonts to provide instant boiling water for cooking and hot drinks

· delivering the annual Waitangi Day community event on 6 February 2019.

7. Staff recommend allocating $10,000 from the Māori Responsiveness work programme line 808, to the Piritahi Marae Trust towards the costs of the marae’s priority projects.

8. Contributing to the marae’s proposed projects aligns with the following Waiheke Local Board Plan 2017 initiative: “support Piritahi Marae to further develop as a local community centre and community agency”.

Te tūtohunga / Recommendation

That the Waiheke Local Board:

a) approve the allocation of $10,000 from the Waiheke Local Board 2018/2019 work programme line 808 - Māori Responsiveness, to the Piritahi Marae Trust.

Horopaki / Context

9. Piritahi Marae is located at 53 Tahatai Road and is the only marae on Waiheke Island. It is a community marae, welcoming people of all iwi and cultural backgrounds. It is governed by the Piritahi Marae Trust and is run entirely by volunteers.

10. The marae plays a significant role in the community, hosting hui and noho marae and supporting health and education outcomes for the community.

11. The Waiheke Local Board Plan 2017 includes the following initiative: “support Piritahi Marae to further develop as a local community centre and community agency”.

12. The local board met with the Piritahi Marae Trust on 16 August 2018, to discuss the marae’s aspirations, strategic priorities and how the local board could effectively respond.

Tātaritanga me ngā tohutohu / Analysis and advice

13. The Piritahi marae plays a significant role in supporting the Waiheke community and one of the key outcomes for the Piritahi Marae Trust is to create unity and whakamana (uplift) the community.

14. The Piritahi Marae Trust proposes to install two gas califont instant water heaters at the marae. One will be installed externally to service the kitchen and bathroom and the other will be installed internally in the whare kai to provide instant boiling water for tea and coffee.

15. The califonts will increase the marae’s capacity for hosting guests. The marae’s current facilities are not adequate to support the number of people attending hui and gatherings at the marae.

16. Piritahi Marae holds an annual Waitangi Day celebration on 6 February and has had up to 1500 people attend in previous years.

17. The local board has $15,000 available budget allocated to work programme line 808 - Māori Responsiveness, to respond to Māori aspirations and priorities in the local area.

18. Staff recommend allocating $10,000 of this budget to the Piritahi Marae Trust, distributed between the following two priority projects for the marae:

· $7,000 towards increasing capability to cater for manuhiri through the installation of two gas califonts to provide instant boiling water for cooking and hot drinks

· $3,000 towards delivering the annual Waitangi Day community event on 6 February 2019.

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

19. The Waiheke Local Board Plan 2017 outcome 5 is: “vibrant places for people”. The plan includes the objective of “celebrating and sustaining Māori cultural identity, knowledge and practice” with a key initiative to “support Piritahi Marae to further develop as a local community centre and community agency”.

20. Supporting the Piritahi Marae Trust’s identified priorities helps to meet outcome 5 by taking an empowered communities approach to supporting Māori-led priorities and initiatives at the Piritahi marae.

Tauākī whakaaweawe Māori / Māori impact statement

21. The projects outlined in this report were identified as priorities by Piritahi Marae. They are led by local Māori with the goal of enhancing Māori identity and cultural values. The projects align with the board’s commitment to supporting Māori aspirations and initiatives.

Ngā ritenga ā-pūtea / Financial implications

22. The total cost of installing the two califonts is estimated to be $11,080 and $4,700 for delivering the Waitangi Day event. The Piritahi Marae Trust will fund the remaining amounts after the local board’s contributions.

Ngā raru tūpono / Risks

23. The marae may not be able to secure the balance of funds required to complete the projects. The marae is in the process of applying for other funding and community sponsorship to support both projects.

Ngā koringa ā-muri / Next steps

24. Following approval from the local board, staff will prepare a funding agreement for the Piritahi Marae Trust.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Fiona Gregory - Strategic Broker

Authorisers

Graham Bodman - General Manager Arts, Community and Events

Helgard Wagener - Relshp Mgr - Great Barrier and Waiheke

Waiheke Local Board

25 October 2018

Establishment of a transport forum

File No.: CP2018/19864

Te take mō te pūrongo / Purpose of the report

1. To establish a transport forum on Waiheke Island which will provide community input on transport matters to the Waiheke Local Board.

Whakarāpopototanga matua / Executive summary

2. The Waiheke Local Board wishes to establish a quarterly transport forum to enable the community to give meaningful input concerning transport matters on Waiheke Island.

3. The forum will comprise an Auckland Transport representative, up to seven community representatives and two members of the board including the chair.

4. The first meeting is proposed for Thursday 15 November 2018 at 5pm at the Waiheke Local Board office, with the agenda closing on Friday 5 November 2018. Applications for community representatives on the forum have been publicly advertised and closed on Friday 19 October 2018 at 5pm.

5. The forum with be an advisory body, with the power to make recommendations to the local board and no budgetary allocation.

Ngā tūtohunga / Recommendations

That the Waiheke Local Board:

a) approve the establishment of the Waiheke Transport Forum as a sub-committee of the Waiheke Local Board.

b) approve the proposed terms of reference of the transport forum (Attachment A).

c) agree to the late submission of the recommendations of the first meeting of the transport forum at the November business meeting of the Waiheke Local Board.

Horopaki/Context

6. The request to establish a transport forum was made at the public forum of the Waiheke Local Board business meeting in August 2017. Reference was made to a defunct transport forum on Waiheke that was wound up in 2013 which met on a monthly basis to discuss better roading solutions.

7. The transport forum enables community members to make proposals to the local board on transport-related issues that affect them. The forum recognises local expertise and empowers community members to contribute to solutions to local problems. The forum also contributes to community “ownership” of the transport network.

Tātaritanga me ngā tohutohu / Analysis and advice

8. After discussion with Auckland Transport, the local board supports the establishment of a new transport forum which will meet on a quarterly basis. The first meeting is scheduled for 15 November 2018 at 5pm to take place at the Waiheke Local Board Office.

9. The purpose of the forum will be to:

· consider presentations on transport issues and propose transport-related projects on Waiheke

· provide input into a ten year transport plan

· provide community input on design and planning of roads, cycle-ways and footpaths

· advise on community engagement on local transport projects.

10. The forum will be constituted as a sub-committee under Auckland Council Standing Orders for the Waiheke Local Board 2017, section 2.7. The sub-committee will make recommendations to the Waiheke Local Board for its consideration. The forum will be made up of a co-opted Auckland Transport representative, up to seven co-opted community representatives, and two members of the local board, one of whom will be the chair. A mana whenua representative and subject matter experts, including Auckland Council Healthy Waters staff, will be co-opted on an as-needed basis.

11. Members of the community will be invited to submit proposals to the transport forum by an agenda closing date, approximately two weeks before the meeting. Presentations of up to 15 minutes will be made to forum members followed by discussion time.

12. The transport forum will utilise the meeting procedures used for board workshops and will decide on the details of the procedures at its first meeting.

13. A first meeting has been set for 15 November 2018 at 5pm which has been advertised in the Gulf News. A call has gone out for community representatives on the forum and interested parties have until 19 October 2018 to apply using the form attached in Appendix B.

14. The recommendations of the first transport forum meeting cannot be submitted before the local board business meeting because the agenda closes on 12 November 2018. Therefore any recommendations from the transport forum will have to be tabled at that meeting. This report seeks approval to table any recommendations from the transport forum at the Waiheke Local Board’s November business meeting to ensure matters are dealt with promptly.

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

15. The board has considered the request of the community raised at the public forum and worked with Auckland Transport and Auckland Council staff to develop an appropriate forum structure.

16. Board members have indicated support for this proposal and believe that the transport forum would provide meaningful community input into transport matters on Waiheke.

17. Agreement has also been reached that the proposals presented at the forum can contribute to Waiheke’s proposed Ten Year Transport Plan.

Tauākī whakaaweawe Māori / Māori impact statement

18. Development of transport initiatives on Waiheke is an area of interest for mana whenua - consequently minutes of the transport forum will be circulated to mana whenua representatives.

19. A mana whenua representative will be invited to attend the transport forum on a case by case basis.

Ngā ritenga ā-pūtea / Financial implications

20. There is no budgetary allocation required for the transport forum. Any financial resources required to support approved recommendations will be approved by the board and from existing budgets.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Transport Forum Terms of Reference	27
b ⇩	Community member application form	29

Ngā kaihaina / Signatories

Author	Mark Inglis - Local Board Advisor
Authoriser	Helgard Wagener - Relshp Mgr - Great Barrier and Waiheke

Waiheke Local Board

25 October 2018

Review of the Code of Conduct

File No.: CP2018/19047

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.

Te tūtohunga / Recommendation

That the Waiheke 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 (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 per cent majority to change it.

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

Reasons for reviewing the Code of Conduct

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

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:

· 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	39
b ⇩	Draft Code of Conduct attachments	53

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Helgard Wagener - Relshp Mgr - Great Barrier and Waiheke

Waiheke Local Board

25 October 2018

No.	Title	Page
a ⇩	Notice of Motion - Shirin Brown - To support Aotea Great Barrier’s submission against the dumping of toxic waste from a marina into the marine environment of the Hauraki Gulf	117
b ⇩	Aotea Great Barrier Local Board submission to the Environmental Protection Authority	119

Waiheke Local Board

25 October 2018

Draft Facility Partnership Policy

File No.: CP2018/17919

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.

Te tūtohunga / Recommendation

That the Waiheke 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 the 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 the 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 the council to invest in the right facility partnerships, and ensure that partnerships work for both partners and the 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	137
b ⇩	Draft Facility Partnerships Policy	139
c ⇩	Facility partnerships with Māori - Summary report	183
d ⇩	Draft Facility Partnerships Policy - Public feedback summary report	211

Ngā kaihaina / Signatories

Author

Rebekah Forman - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Helgard Wagener - Relshp Mgr - Great Barrier and Waiheke

Louise Mason - GM Local Board Services

Chairperson	Cath Handley
Deputy Chairperson	Paul Walden
Members	Shirin Brown
	John Meeuwsen
	Bob Upchurch

No.	Title	Page
a ⇩	20180920 Waiheke Local Board Workshop proceedings	229
b ⇩	20180927 Waiheke Local Board Workshop proceedings	231
c ⇩	20181004 Waiheke Local Board Workshop proceedings	233
d ⇩	20181011 Waiheke Local Board Workshop proceedings	235

Author	Safia Cockerell - Democracy Advisor - Waiheke
Authoriser	Helgard Wagener - Relshp Mgr - Great Barrier and Waiheke