Agenda of Whau Local Board - 24 October 2018

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.

Specifically members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.

The following are declared interests of the Whau Local Board.

Board Member	Organisation / Position
Tracy Mulholland	· New Lynn Business Association – Business Associate/Contractor
Susan Zhu	· Chinese Oral History Foundation – Committee member · The Chinese Garden Steering Committee of Auckland – Board Member
Derek Battersby	· New Lynn Tennis Club – Patron · West Lynn Gardens – Patron · Tag Out Trust – Deputy Chairman · New Lynn Bowling Club - Patron · New Lynn RSA - Member
Catherine Farmer	· Avondale-Waterview Historical Society – Member · Blockhouse Bay Historical Society – Member · Portage Licensing Trust – Trustee · Blockhouse Bay Bowls – Patron · Forest and Bird organisation – Member · Grey Power - Member
Duncan Macdonald	· Avondale Business Association – Chairman · Avondale Community Society – Chairman · Avondale-Waterview Historical Society - Member · Avondale Jockey Club – Member
Te’eva Matafai	· Pacific Events and Entertainment Trust - Co-Founder · Miss Samoa NZ - Director · Malu Measina Samoan Dance Group - Director/Founder · Pasifika Festival ATEED - Samoa Village Coordinator · Aspire Events – Director
David Whitley	· Rosebank Business Association - Member · REINZ - Member · Chamber of Trade - Mentor · Lopdell House - Trustee · Amalgamated Hardware Merchants (AHM) Apprenticeship Trust – Trustee · Rotary New Lynn – Head director of Public Relations New Lynn

4 Confirmation of Minutes

That the Whau Local Board:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 26 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 Whau Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

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

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

Whau Local Board

24 October 2018

Auckland Transport Update Report for the Whau Local Board October 2018

File No.: CP2018/19813

Te take mō te pūrongo / Purpose of the report

1. To respond to requests on transport-related matters, provide an update on the current status of the Local Board Transport Capital Fund (LBTCF), provide a summary of consultation material sent to the board and provide transport related information on matters of specific application and interest to the Whau Local Board and its community.

Whakarāpopototanga matua / Executive summary

2. In particular, this report notes:

· Approval of request for a Rough Order of Costs – Avondale Town Center Footpath Paver Replacement

· The Supporting Growth North West Consultation Open

· The 30 Red Light Runners Caught Per Day As Six More Red Light Cameras Go Live In Auckland

· Local issues being investigated by AT

· Decisions of AT’s Traffic Control Committee in the Board area.

Ngā tūtohunga / Recommendation/s

That the Whau Local Board:

a) request Auckland Transport to prepare a Rough Order of Cost for replacement of the Avondale Town Centre Footpath Pavers on the Main Road.

Horopaki / Context

3. This report addresses transport related matters in the Whau local board area.

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

Tātaritanga me ngā tohutohu / Analysis and advice

5. The LBTCF is a capital budget provided to all local boards by Auckland Council and delivered by Auckland Transport. Local boards can use this fund to deliver transport infrastructure projects that they believe are important but are not part of Auckland Transport’s work programme. Projects must also:

· be safe

· not impede network efficiency

· be in the road corridor (although projects running through parks can be considered if there is a transport outcome).

6. The Whau Local Board’s funding allocation under the LBTCF was $5,160,346 for the current political term which includes the 19/20 budget. The remaining budget left to allocate is 1,959,047. Below table demonstrates the current status of the fund and projects:

Whau Local Board Transport Fund Application - Avondale Streetscape Works

7. The Whau Local Board would like Auckland Transport to prepare a Rough Order of Costs (ROC) for the replacement of the footpath pavers in the Avondale Town Centre main Road. The Local Board are seeking to consider allocating funds from their Local Board Transport fund to this project. For this to be done the Local Board will need to resolve by way of resolution for Auckland Transport to action.

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

Local Board Issues Being Investigated

Deepening water-filled canyon at main bus stop Avondale

8. A request to investigate the road subsidence at the bus stop outside the Old Three Guys site in New Lynn.

Response - Auckland Transport is aware of this issue and it is programmed for repair by end of October, weather dependant.

Avondale Speed Hump

9. Request made to Auckland Transport from the Local Board on behalf of the Mt Roskill Community Patrol to investigate the current speed hump that has been installed by Auckland Transport is causing issues approaching the roundabout.

Background

10. The objective of this traffic calming feature is to mitigate speeds through the Avondale town centre. The crash reduction study has identified that vehicle speeds entering the roundabout was higher than the safe and appropriate speed to negotiate the roundabout. Just to clarify, the speed table has a bus friendly profile with 1:20 grade and 75mm high. There was a concern raised by Auckland Transport during the post construction safety audit about the quality of road markings on the raised table to alert driver’s of its presence. Auckland Transport will check the forward visibility and the road markings to ensure that this vertical feature is visible to approaching drivers.

11. Pedestrians usually cross at random locations, therefore the absence of this feature will not prevent pedestrians from crossing the road at this location. The speed hump will help control speeds reducing the risk of a high severity crash. This speed table, along with the other vertical features through the town centre, will help achieve safe speeds within the town centre and therefore increasing pedestrian safety.

Response - Auckland Transport will not be removing the table but will need to check forward visibility, road marking and advanced warning signs, which will control the issues presented.

Parking Restrictions outside Felice Hair Design - 6 St Georges Road

12. At this stage Auckland Transport will not recommend changing the existing parking configuration outside 6 St Georges Road, Avondale. Different time restrictions in such a small area will bring inconsistency and is not recommended according to Updated Auckland Transport’s Parking Strategy. Moreover, Auckland Transport does not install or change parking controls to suit one or two particular business anymore. Auckland Transport aims to install parking restrictions that will cater the wider community.

13. If the business is looking for some long term parking for their customers, that is longer than 30 minutes, then they can direct their customers to St Jude Street which is adjacent and has P60 parking restrictions. They could also park further up on St Georges Road, which is not restricted and on Ahiriri Avenue where parking is always available and again, has no parking restrictions.

14. Auckland Transport will have another look at this in September-October next year as part of the parking review of this area.

New Lynn Community Centre Parking Issues

15. Request for Auckland Transport to look at the signs at the back of the Community Centre and provide a response:

Response - The correct signage required for the permits are stated below:

16. Above is the correct parking signs that needs to be installed (blue signs with white trim and writing to indicate parking is permitted). If the restrictions not operational At All Times, then the correct hours and days needs to be installed in place of ‘At All Times’.

17. In addition, the designated area has to be marked out in yellow.

When will the parking officers be able to enforce?

18. Firstly, the area has to be correctly resolved and must have an approved resolution for parking to carry out any enforcement in the area. Secondly, all signs and road markings needs to be compliant. Therefore, once the above criteria are met, parking officers will be able to enforce.

19. Please note, if there is no current resolution in place, then AC needs to get this area resolved. Auckland Transport is happy to provide contact details of contractors who have resolved number of AC car parks in recent times.

20. The community centre is an Auckland Council asset, Auckland Transport does not hold any budget for its maintenance or improvements. Therefore, this work would need to be undertaken by Auckland Council.

21. I hope this help the Local Board understand the process and what needs to be undertaken by Auckland Council.

Auckland Transport’s Traffic Control Committee (TCC) report

22. Decisions of the TCC during the month of August 2018 affecting the Whau Local Board area are listed below.

Date

Street (Suburb)

Type of Report

Nature of Restriction

Decision

1-September-18

Sandy Lane, Nacton Lane, Avondale

Permanent Traffic and Parking changes Combined

No Stopping At All Times, Road Hump

CARRIED

1-September-18

Rosebank Road, Patiki Road, Avondale

Permanent Traffic and Parking changes Combined

No Stopping At All Times, Bus Stop, Bus Shelter, Traffic Island, Roundabout Controlled By Give-Way, Edge Line

CARRIED

Media Release

30 Red Light Runners Caught Per Day As Six More Red Light Cameras Go Live In Auckland

23. From 1 October six new red light safety cameras are operating in Auckland, adding to six already in operation that have issued 2,314 infringements in just two and a half months.

24. The new cameras, which are enforced on a rotational basis, are operating at:

· Great South Road and Cavendish Drive – two sites

· Te Irirangi Drive and Accent Drive – two sites

· Great North Road and Rata Street

· Great South Road and Reagan Road

25. The purpose of the cameras is to save lives and stop injuries that is why we are telling people where the cameras are and that they are operating from today.

26. There is a culture among some drivers that red lights don’t matter and can be ignored. That is blatantly wrong and puts the safety of others on the road – drivers, pedestrians and people on bikes – at risk.

27. When red light cameras were trialled between 2008 and 2010, there was a 43% reduction in red-light running and an average 63% decrease in crashes attributable to red light running.

28. Between 21 June and 7 September this year, 2314 infringements were issued from the six cameras that are already running. That’s 30 times a day when motorists put their own lives and the lives of other at risk.

29. With deaths and serious injuries increasing on Auckland roads by 78% in the last four years, three times the national average, Auckland Transport have to change this attitude. That’s why we are installing the additional cameras.

30. The new cameras are in addition to the six red light cameras that began enforcing in June. Money from infringements goes to the Crown’s National Consolidated Fund.

31. $700 million will be invested in road safety improvements in the next 10 years, partly funded by the Regional Fuel Tax.

Supporting Growth North West Consultation Open

32. This is purely for information only on what is happening in your neigbouring Local Board area.

33. The Supporting Growth Programme is about planning the support needed for the transport network to grow in future urban areas of Auckland over the next 30 years.

34. Consultation is now open for transport plans being investigated in Auckland's northwestern future urban growth areas.

35. Public information days have been held in late-September as follows:

· Massey Birdwood Settlers Hall

Tues 25 September, 4:00pm-7:00pm

· Riverhead Hall

Weds 26 September, 3:00pm-7:00pm

· Kumeū Community Hall

Fri 28 September, 3:00pm-7:00pm

· North-West Mall

Sat 29 September, 10:00am – 1:00pm

36. In order to provide the community with good information about what is proposed to support growth in the short term (ahead of the Programme’s longer term focus) a number of other projects have been showcased at these information days, including:

· The Huapai Triangle project (Auckland Transport)

· The Safe Roads SH16 Brigham Creek to Waimauku upgrade (NZ Transport Agency)

· The SH16-18 Connections project (NZ Transport Agency)

· AT Dairy Flat Highway Safety improvements (Auckland Transport)

· The Huapai-Kumeū Town Centre Plan (Auckland Council)

· Whenuapai Plan Change (Auckland Council).

37. Feedback closes at 5.00pm on Friday 19 October. Consultation information and feedback forms are available at: http://supportinggrowth.govt.nz/have-your-say/north-west-auckland/

Tauākī whakaaweawe Māori / Māori impact statement

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

Ngā ritenga ā-pūtea / Financial implications

39. The proposed decision of receiving the report has no financial implications.

Ngā raru tūpono / Risks

40. The forward works programme in the Whau Local Board area could change from the advice provided here if circumstances change.

41. Auckland Transport has risk management strategies in place for the transport projects undertaken in the local board area.

Ngā koringa ā-muri / Next steps

42. Auckland Transport will continute to provide updates to the Whau Local Board on transport related projects and issues next month.

Ngā tāpirihanga / Attachments

There are no attachments for this report.

Ngā kaihaina / Signatories

Author

Owena Schuster, Elected Member Relationship Manager

Authorisers

Jonathan Anyon, Elected Member Relationship Team Manager

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Whau Local Board

24 October 2018

Approve public notification calling for expressions of interest to lease the former parks depot building on Blockhouse Bay Recreation Reserve, 31-35 Terry Street, Blockhouse Bay

File No.: CP2018/19446

Te take mō te pūrongo / Purpose of the report

1. To approve public notification calling for expressions of interest from community groups interested in leasing the Auckland Council owned former parks depot building located on Blockhouse Bay Recreation Reserve, 31-35 Terry Street, Blockhouse Bay.

Whakarāpopototanga matua / Executive summary

2. The Auckland Council owned former parks depot building on Blockhouse Bay Recreation Reserve, 31-35 Terry Street, Blockhouse Bay has been vacant for many years. For over 20 years the local girl guides have been using a small area of the building for storage of their outdoor equipment on an informal basis.

3. The building being approximately 114m² in area and comprises garage space, a small meeting area, kitchenette and bathroom facilities. A separate 4m ² concrete bunker to store hazardous materials is located on the eastern exterior wall of the building. As the building is basic it lends itself to the storage of outdoor equipment rather than a space to run programmes from.

4. Repairs and maintenance have been undertaken to the building to bring it up to a suitable standard to lease.

5. This report recommends approving public notification calling for expressions of interest from community groups interested in leasing the former parks depot building located on Blockhouse Bay Recreation Reserve, 31-35 Terry Street, Blockhouse Bay.

Ngā tūtohunga / Recommendation/s

That the Whau Local Board:

a) approve public notification calling for expressions of interest to lease the Auckland Council owned former parks depot building and concrete bunker totalling 118m² (more or less) (Attachment A) located on Blockhouse Bay Recreation Reserve, 31-35 Terry Street, Blockhouse Bay.

Horopaki / Context

Blockhouse Bay Recreation Reserve

6. Blockhouse Bay Recreation Reserve, 31-35 Terry Street Blockhouse Bay comprises of six parcels of land. The former parks depot is located on Lot 1 on Deposited Plan 41833 of the reserve which is held in fee simple by Auckland Council under the Local Government Act 2002.

The former parks building

7. Located on Lot 1 of the reserve and in front of the Blockhouse Bay Tennis Club is the Auckland Council owned former parks depot building.

8. The building is approximately 114m² in area and comprises garaging, a small meeting area, kitchenette and bathroom facilities. Located on the eastern exterior wall of the building and included in the proposal to lease is an approximately 4m² solid concrete bunker that was used to store hazardous materials.

9. The local Girl Guides have been using a small portion of the building for storage of camping gear on an informal basis for approximately 20 years.

10. The building is basic and lends itself to storage of outdoor equipment including a vehicle rather than a space to run programmes from.

11. Maintenance, to bring the building up to a leasing standard has been undertaken.

Tātaritanga me ngā tohutohu / Analysis and advice

12. With the upgrade work outlined in paragraph 11 and the building being included on a maintenance and renewal schedule, the building has been identified as being available for lease. The intended use lends itself to storage of equipment.

13. The building is located on Lot 1 of the reserve which is held in fee simple by Auckland Council under the Local Government Act 2002. The reserve status under the Local Government Act does not restrict the activities or use being conducted on the reserve.

14. Council staff recommend publicly notifying the call for expressions of interest from community groups that meet the criteria in the Auckland Council Community Occupancy Guidelines 2012 who are interested in leasing the building at Blockhouse Bay Recreation Reserve.

15. Applications received will be considered and weighed against the Whau Local Board Plan 2017, Auckland Plan 2050 and the Community Occupancy Guidelines 2012 with the findings and a recommendation presented to the local board.

16. Public notification is intended to take place in November 2018 with one advertisement published in the Western Leader and on the Auckland Council website with one month available to make an application. Community groups who have already expressed an interest will be advised of the availability.

17. There will be two opportunities for the prospective applicants to view the building during that time.

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

18. Council staff sought input at a Whau Local Board workshop on 1 August 2018 and 3 October 2018 regarding the proposal to call for expressions of interest to lease the building at Blockhouse Bay Recreation Reserve through public notification. No objections were received.

Tauākī whakaaweawe Māori / Māori impact statement

19. Engagement was undertaken in September 2018 with 12 iwi groups identified as having an interest in Blockhouse Bay Recreation Reserve.

20. Engagement involved:

· a presentation at the North West Mana Whenua Forum held at Orewa on 5 September 2018

· detailed information on the reserve and the building to be advertised

· invitation to iwi representatives to hui and for a kaitiaki site visit to comment on any spiritual, cultural or environmental impact with respect to the proposal

21. Responses were received from three iwi groups with no objections or concerns raised.

Ngā ritenga ā-pūtea / Financial implications

22. The costs of public notification of the intention to advertise the building for lease will be borne by Auckland Council’s Community Facilities.

23. The building has been placed on a maintenance schedule to ensure it remains at a standard suitable for lease.

Ngā raru tūpono / Risks

24. If the local board chooses not to approve the calling for expressions of interest to lease the building it will remain underutilised.

Ngā koringa ā-muri / Next steps

25. Subject to the local board approval, an advertisement will be published on the Auckland Council Website and in the Western Leader and advised to those community groups who have already expressed an interest.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Site plan of proposed area for lease of the former parks depot building, Blockhouse Bay Recreation Reserve, 31-35 Terry Street, Blockhouse Bay	21

Ngā kaihaina / Signatories

Author

Donna Cooper - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Whau Local Board

24 October 2018

Approve public notification calling for expressions of interest to lease clubrooms and two garage spaces at Eastdale Reserve, 33-37 Eastdale Road, Avondale

File No.: CP2018/19449

Te take mō te pūrongo / Purpose of the report

1. To approve public notification calling for expressions of interest from community groups interested in leasing the Auckland Council owned clubrooms and two garage spaces on Eastdale Reserve, 33-37 Eastdale Road, Avondale.

Whakarāpopototanga matua / Executive summary

2. Located on Eastdale Reserve, between the council owned residential property and the changing room and toilet block is the council owned former groundsman shed comprising of six garages and a two storey office space with 80m² of floor area that has been converted into clubrooms.

3. The clubrooms consist of a kitchen, bathroom facilities and meeting space. The two garage spaces closest to the clubrooms being approximately 42m² will be available for lease along with the clubrooms. There is no internal access between the garages and clubrooms. Auckland Council will retain the other four garage spaces for use by a full facility maintenance contractor.

4. This report recommends approving the public notification calling for expressions of interest to lease the clubrooms and two garage spaces located on Eastdale Reserve, 33-37 Eastdale Road, Avondale.

Ngā tūtohunga / Recommendation/s

That the Whau Local Board:

a) approve the public notification calling for expressions of interest to lease the Auckland Council owned clubrooms and two garage spaces being a total area of 122m² (more or less) but with a building footprint of 82m² (more or less) (Attachment A) located on Eastdale Reserve, 33-37 Eastdale Road, Avondale.

Horopaki / Context

Eastdale Reserve

5. Eastdale Reserve, 33-37 Eastdale Road, Avondale comprises of nine parcels of land. The clubrooms and garage space are located on Lot 1 on Deposited Plan 84147 of the reserve which is held in fee simple by Auckland Council under the Local Government Act 2002.

The two garage spaces and clubrooms

6. Located on Lot 1 of the reserve, between the council owned residential property and the changing room and toilet block is the council owned former groundsman shed comprising of six garages and two story clubrooms.

7. The office space has have been refurbished and converted into clubrooms with a floor area of approximately 80m² being two storeys with a building footprint of 40m² and consists of a kitchen, bathroom facilities and meeting space. The two garage spaces closest to the clubrooms being approximately 42m² will be available for lease along with the clubrooms. Auckland Council will retain the other four garage spaces for use by a full facility maintenance contractor. There is no internal access between the garages and clubrooms.

8. The clubrooms have been refurbished including replacement of toilets, basins, showers, kitchen unit and sink, vinyl floor coverings, window slats, front and rear doors and security lighting. Additions include a hot water system to the showers and sinks and security bars on all lower level windows.

Tātaritanga me ngā tohutohu / Analysis and advice

9. Four of the six garage spaces have been in permanent use but the remaining two and the clubrooms have been vacant for many years.

10. With the upgrade work outlined in paragraph eight and the facility being included on a maintenance and renewal schedule it has been identified as being available for lease.

11. The facility is located on Lot 1 of the reserve which is held in fee simple by Auckland Council under the Local Government Act 2002. This reserve status does not restrict the activities or use being conducted on the reserve.

12. Council staff recommend publicly notifying to call for expressions of interest from community groups that meet the qualifying criteria in the Auckland Council Community Occupancy Guidelines 2012 who are interested in leasing the available areas of the facility at Eastdale Reserve.

13. Applications received will be considered for lease over both the garage and clubrooms jointly or separately and weighed against the Whau Local Board Plan 2017, Auckland Plan 2050 and the Community Occupancy Guidelines 2012 with the findings a recommendation presented to the local board.

14. Public notification is intended to take place in November 2018 with one advertisement in the Western Leader and on the Auckland Council website with one month available to submit applications. Community groups who have already expressed an interest will also be advised of the availability.

15. There will be two opportunities for the prospective applicants to view the facility during that time.

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

16. Council staff sought input at a Whau Local Board workshop on 1 August 2018 and 3 October 2018 regarding the proposal to call for expressions of interest to lease the facility at Eastdale Reserve through public notification. No objections were received.

Tauākī whakaaweawe Māori / Māori impact statement

17. Engagement was undertaken in September 2018 with the 13 iwi groups identified as having an interest in Eastdale Reserve.

18. Engagement involved:

· a presentation at the North West Mana Whenua Forum held at Orewa on 5 September 2018

· detailed information on the reserve and the facility to be advertised

· invitation to iwi representatives to hui and for a kaitiaki site visit to comment on any spiritual, cultural or environmental impact with respect to the proposal

19. Responses were received from five iwi groups with no objections or concerns raised.

Ngā ritenga ā-pūtea / Financial implications

20. The costs of public notification of the intention to advertise the facility for lease will be borne by Auckland Council’s Community Facilities.

21. The facility has been placed on a maintenance schedule to ensure it remains at a standard suitable for lease.

Ngā raru tūpono / Risks

22. If the local board chooses not to approve the calling for expressions of interest to lease the building it will remain underutilised.

Ngā koringa ā-muri / Next steps

23. Subject to the local board approval, an advertisement will be published on the Auckland Council website and in the Western Leader and advised to those community groups who have already expressed an interest.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Site plan of proposed area for lease of two garage spaces and clubrooms located on Eastdale Reserve, 33-37 Eastdale Road, Avondale	27

Ngā kaihaina / Signatories

Author

Donna Cooper - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Whau Local Board

24 October 2018

Whau Quick Response Grants, Round One 2018/2019 grant applications

File No.: CP2018/19266

Te take mō te pūrongo / Purpose of the report

1. To fund, part-fund or decline applications received for the Whau Quick Response Grants, Round One 2018/2019.

Whakarāpopototanga matua / Executive summary

2. The Whau Local Board adopted the Whau Local Grants Programme 2018/2019 on 18 April 2018 (see Attachment A). The document sets application guidelines for contestable community grants submitted to the local board.

3. This report presents applications received for the Whau Quick Response Grants, Round One 2018/2019 (see Attachment B).

4. The Whau Local Board has set a total community grants budget of $150,000 for the 2018/2019 financial year.

5. The Whau Local Board has allocated a total of $33,000 in Local and Multi-Board Grants Round One 2018/2019, leaving a balance of $117,000 for the one remaining local and multi-board grant and the two quick response grant rounds in the 2018/2019 financial year.

6. Eighteen applications were received for Whau Quick Response Grants, Round One 2018/2019, requesting a total of $41,959.

Ngā tūtohunga / Recommendation/s

That the Whau Local Board:

a) agree to fund, part-fund or decline each application in Whau Quick Response Round One 2018/2019 applications as outlined in Table One:

Table One: Whau Quick Response Grants Round One 2018/2019 applications

Application ID	Organisation	Main focus	Requesting funding for	Amount requested
QR1921-101	Roskill South Amateur Athletic Club Incorporated	Sport and recreation	Towards costs for two ipads to run a photo finish timing programme for all athletes.	$2,598.00
QR1921-103	New Windsor Playcentre	Events	Towards costs of printing flyers, bouncy castle and a puppet show for the New Windsor Family Fun Day on Saturday 17 November 2018.	$720.00
QR1921-104	The West Lynn Garden Society Incorporated	Events	Towards the purchase of large specimen native trees and shrubs, shell paths, garden edging, bark and potting mix for the New Zealand Flower and Garden Show at Trusts Arena for the period 28 November 2018 to 2 December 2018.	$2,000.00
QR1921-105	Kelston Community Trust	Community	Towards the purchase of a laptop and software for Kelston Community News and “Proud to be Kelston” initiatives.	$1,168.00
QR1921-107	New Zealand Nepalese Association Incorporated	Community	Towards costs for volunteer expenses and materials for a weekly Nepalese language radio programme for the period 1 December 2018 to 30 November 2019.	$1,945.00
QR1921-109	New Zealand Karen Association Incorporated	Community	Towards costs for venue hire, stationery, printer, ink and petrol vouchers for Karen Language School for the period 8 September 2018 to 2 March 2019.	$2,000.00
QR1921-110	Waitakere Gymnastics Club Incorporated	Community	Towards the purchase and installation costs for a security camera and networked video recorder for Waitakere Gymnastics Club, Olympic Park.	$2,000.00
QR1921-111	Cellquip trading as Rampant Coffee Company	Historic Heritage	Towards costs of printing historic photographs and archived documents for display and cleaning of the building exterior.	$1,000.00
QR1921-113	Scout Association of New Zealand New Lynn Sea Scout Group	Sport and recreation	Towards the purchase of forty life jackets for New Lynn Sea Scouts.	$2,000.00
QR1921-114	Waitakere Japanese Supplementary School	Community	Towards costs for stationery for term one, 2019 for the Japanese After-school Programme for the period 28 January 2019 to 19 April 2019.	$500.00
QR1921-116	Ponsonby Rugby Club Incorporated	Sport and recreation	Towards costs to purchase thirty-five tracksuits for young Ponsonby, Kelston rugby players based at Archibald Park for the period 1 December 2018 to 1 June 2019.	$4,025.00
QR1921-117	Solar Stiles Limited (trading as Juice it)	Community	Towards costs for a mobile trading licence and rent for their company for the period 20 September 2018 to 20 April 2019.	$673.00
QR1921-121	Titirangi Community Arts Council Incorporated	Arts and culture	Towards costs of venue hire, printing, promotion, advertising, administration and installation of Oaklynn Special School art work exhibition for the period 26 October 2018 to 11 November 2018.	$2,300.00
QR1921-124	Avondale Community Action	Events	Towards costs for a face painter, supermarket vouchers, food and refreshments for volunteers, coordinator hours, Facebook, promotion and live music for the Avondale Christmas Market on Friday 7 December 2018.	$1,750.00
QR1921-126	New Zealand Chinese Veterans General Federation Incorporated	Community	Towards rental costs for the New Zealand Chinese Veterans General Federation Incorporated for the period 1 July 2018 to 30 June 2019.	$13,000.00
QR1921-129	Youthline Auckland Charitable Trust	Community	Towards salary for the Auckland central youth work team leader for the period 1 November 2018 to 31 March 2019.	$2,000.00
QR1921-130	Encounter Christian Centre Trust	Events	Towards costs to hire a bouncy castle for the Avondale Light Party on the 31 October 2018.	$280.00
QR1921-133	Encounter Christian Centre Trust	Events	Towards costs to hire two fairground rides for the Avondale Community Christmas Carnival to be held on 15 December 2018.	$2,000.00
Total				$41,959.00

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.

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

· any additional accountability requirements.

10. The Whau Local Board adopted their grants programme for 2018/2019 on 18 April 2018 and will operate three quick response and two local grant rounds for this financial year.

11. 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

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

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

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

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

15. A summary of each application received through Whau Quick Response, Round One 2018/2019 (see Attachment B) is provided.

Tauākī whakaaweawe Māori / Māori impact statement

16. The local board grants programme aims to respond to Auckland Council’s commitment to improving Maori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Maori. Auckland Council’s Maori Responsiveness Unit has provided input and support towards the development of the community grants processes.

17. Three applicants applying to Whau Quick Response Grants Round One indicated that their project targeted Māori or Māori outcomes.

Ngā ritenga ā-pūtea / Financial implications

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

19. The Whau Local Board has set a total community grants budget of $150,000. Following allocations of $33,000 for Local and Multi-Board Grants Round One 2018/2019, there is an available grants budget balance of $117,000.

20. Eighteen applications were received for Whau Quick Response Grants Round One 2018/2019, requesting a total of $41,959.

Ngā raru tūpono / Risks

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

Ngā koringa ā-muri / Next steps

22. Following the Whau Local Board allocation of funding for quick response grants round one, commercial and finance staff will notify the applicants of the local board’s decision and facilitate payment of the grant.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Whau Local Grants Programme 2018/2019	35
b ⇩	Whau Quick Response Round One 2018/2019 grant applications	39

Ngā kaihaina / Signatories

Author

Lincoln Papali'i - Senior Community Grants Advisor

Authorisers

Marion Davies - Grant Operations Manager

Shane King - Head of Operations Support

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Whau Local Board

24 October 2018

Whau Local Board

24 October 2018

Te Tohu o Te Auaunga Design Guide

File No.: CP2018/19640

Te take mō te pūrongo / Purpose of the report

1. To seek adoption of Te Tohu o Te Auaunga Design Guide (Attachment A).

Whakarāpopototanga matua / Executive summary

2. The Whau Local Board adopted the Te Auaunga Tohu (Attachment C) in May 2017 as a recognisable symbol to represent the awa and help to foster local community connection with the catchment (Resolution #WH/2017/54). Following adoption, a design guide for the tohu has been produced.

3. Te Tohu o Te Auaunga Design Guide (design guide) outlines how the tohu can be designed into assets and infrastructure in public open spaces and identifies potential programming and partnership opportunities using the tohu. The adoption of the design guide by local boards will ensure an integrated approach for use of the tohu across the entire catchment.

4. A partnership between three local boards, eight mana whenua groups and stakeholders such as the Friends of Oakley Creek have contributed to the production of the design guide. Several governance hui (meetings) have been held including an on-site walkover of the awa took place in early 2018.

5. The resulting document sets out principles for use of the tohu and provides a framework for its implementation throughout the entire catchment. Adoption of the design guide is an important step towards achieving the goal of increased community awareness and engagement with Te Auaunga.

Ngā tūtohunga / Recommendation/s

That the Whau Local Board:

a) adopt Te Tohu o Te Auaunga Design Guide as presented in Attachment A to this report.

b) approve the implementation process for the tohu as outlined in the process map on Attachment B.

Horopaki / Context

6. Te Auaunga (Oakley Creek) is the longest urban stream in Auckland, flowing over fifteen kilometres from its headwaters in Puketāpapa through the Albert-Eden and Whau local board areas with its mouth at the Waitemata Harbour. Sections of the catchment have been extensively modified and are polluted. This negatively impacts the health of the harbour.

7. The Te Auaunga (Oakley Creek) Vision and Restoration Strategy for the Lower Catchment adopted by the Whau Local Board in September 2018 identifies a number of high level objectives for restoration of the upper catchment. This vision is shared by the Puketāpapa and Albert-Eden local boards with sister strategies adopted which covers the rest of the Te Auaunga catchment.

8. Community recognition and engagement was identified in the vision and restoration strategy as key to the successful restoration of the awa. This formed the starting point of a place making process to raise community awareness and give the awa a sense of place. This process is outlined in Attachment B.

9. The artist collective Whaotapu Design worked collaboratively with mana whenua and council staff to develop a tohu which could represent the entire catchment of Te Auaunga and represented mana whenua’s connection to the awa. Several iterations were worked through, from basic drawings through to a digitized design. The final design of the tohu is adaptable for use across a range of media including documents, signage, footpaths, furniture and art.

10. The circular shape of the design represents the “swirling waters” of the awa, and the dual arms of mana whenua which symbolise love and protection. In addition, the two manaia supporting each other represent the interconnected nature of the creatures of the water (unaunahi) and the creatures of the land (pungawerewere). This is carried through in the colours (green and blue) and the internal details (fish scales and insect webs).

11. The tohu was formally adopted as a symbol to represent Te Auaunga by all three local boards in May 2017 (Resolutions #PKTPP/2017/76; #AE/2017/55; #WH/2017/54).

Tātaritanga me ngā tohutohu / Analysis and advice

12. Between September 2017 and September 2018 a design guide for the tohu was produced. The document is underpinned by two themes from the vision and restoration strategy for Te Auaunga; restoration of mauri and empowerment.

13. The design guide represents an important step towards an awa-wide strategy for implementation of the tohu, helping to achieve the goal of increased community awareness and engagement with Te Auaunga.

14. Te Tohu o Te Auaunga Design Guide provides principles for implementation of the tohu, to ensure that it remains true to its purpose and honours its spiritual connection to the awa. These principles include:

· The tohu plays a role in restoring the mauri, mana and tapu of Te Auaunga.

· The tohu helps to empower mana whenua and the wider community as kaitiaki of the awa.

· The tohu reflects and tells the stories of the wider landscape of which it is a part.

· The tohu plays a role in educating and raising awareness about the awa and how people can help to restore and regenerate it.

· The tohu is implemented in a way which maintains the integrity and intent of the original design and the stories which form its whakapapa (heritage).

15. The design guide also outlines how the tohu can be designed into assets and infrastructure in public open spaces and identifies potential programming and partnership opportunities using the tohu. This includes the establishment of generic spatial and design guidelines to follow when implementing the tohu. The design guide also includes a wide range of possible applications.

16. The document was developed collaboratively between council staff, three local boards, nine mana whenua groups, and stakeholders including the Friends of Oakley Creek.

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

17. The Whau, Albert-Eden and Puketāpapa local boards worked collaboratively with mana whenua and other stakeholders to provide input into the design guide. The guide was workshopped at two governance hui on 12 June 2018 and 2 August 2018, and implementation ideas discussed at a site walkover on 12 April 2018. Feedback from these hui was incorporated into the final document.

18. The final design guide (Attachment A) was workshopped with the Whau Local Board on 3 September 2018.

19. Adoption of Te Tohu o Te Auaunga Design Guide would help result in increased community empowerment, as detailed in action three of within the Te Auaunga (Oakley Creek) Vision and Restoration Strategy for the Upper Catchment document.

20. Adoption of the design guide responds to objective one, two and seven of the Whau Local Board Plan 2017; Well-planned towns, facilities and housing, great neighbourhoods with strong community connections, capacity and voice, and our heritage is known, protected and our stories are shared.

21. This design guide is being put forward for adoption at the Whau, Albert-Eden and Puketāpapa Local Boards simultaneously during October 2018.

Tauākī whakaaweawe Māori / Māori impact statement

22. Mana whenua were engaged as a partner throughout the development of the tohu and subsequent design guide. Representatives from Te Akitai Waiohua, Ngāti Tamaoho, Ngāti Whātua Orākei, Te Kawerau a Maki, Ngāi Tai ki Tāmaki, and Ngāti Whanaunga helped to provide advice to guide development of the design guide at multiple hui and on a site walkover.

23. Possible future projects related to the tohu are the development of carvings or art installations along Te Auaunga. Should these projects be funded and initiated, mana whenua will be engaged further to provide input.

24. Te Auaunga is of cultural significance to Māori. Its waters weave together a cultural landscape of diverse cultural sites including mahinga kai, pā taua, papakāinga, wāhi nohoanga and wāhi tapu.

25. This design of the tohu itself represents the cultural significance of the awa and symbolises the importance of mana whenua as kaitiaiki (guardians) of the catchment.

Ngā ritenga ā-pūtea / Financial implications

26. Following adoption of the design guide, an implementation strategy will be produced to agree applications and indicate locations at a high level within the local board area. Existing project funding allocated towards the FY18/19 PSR Work Programme is sufficient to cover development of this strategy.

27. Detailed design and delivery for implementation of the tohu will follow this stage, as outlined in Attachment B. Funding from the board will be sought by staff to enable this stage.

28. Additional funding may be sought in the future through the Community Facilities work programme to progress further implementation of the tohu. Future asset renewals within the catchment may also look to include elements from the design guide.

Ngā raru tūpono / Risks

29. With involvement from three local boards, nine mana whenua groups and numerous council and non-council stakeholders, it is possible that an agreement might not be found on a consistent and combined application strategy as the project moves into detailed design. To mitigate this risk, an implementation strategy focused on each local board area will be produced which can be delivered independently should it be required.

Ngā koringa ā-muri / Next steps

30. Attachment B outlines the process for implementation of the Tohu across Te Auaunga catchment. Adoption of the design guide enables staff to begin progress on the production of local board-specific tohu implementation strategies, and moves us further down the process map (Attachment B) towards delivery.

31. Parks Services staff will workshop the implementation strategy in November 2018, and a joint governance hui will be held with all stakeholders in December 2018.

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Te Tohu o Te Auaunga Design Guide	105
b ⇩	Te Auaunga Tohu Process Map	143
c ⇩	Te Auaunga Tohu	145

Ngā kaihaina / Signatories

Author

Thomas Dixon - Parks & Places Specialist

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Whau Local Board

24 October 2018

Draft Facility Partnership Policy

File No.: CP2018/17890

Te take mō te pūrongo / Purpose of the report

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

Whakarāpopototanga matua / Executive summary

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

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

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

· a focus on shared outcomes

· partnerships that recognise, value and honour Te Ao Māori

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

· ‘Proactive’ and ‘Responsive’ partnership tracks

· principles to shape eligibility and investment priorities

· valuing (and costing) in-kind support

· a stronger focus on the partnership relationship

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

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

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

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

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

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

Ngā tūtohunga / Recommendation/s

That the Whau Local Board:

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

Horopaki / Context

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

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

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

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

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

Tātaritanga me ngā tohutohu / Analysis and advice

Facility partnerships benefit the council and the community

15. Auckland Council supports facility partnerships because they can:

· leverage external investment and community effort

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

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

Facility partnership selection and management is ad-hoc and inconsistent

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

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

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

Proposed policy provides strategic approach with tailored process

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

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

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

22. The draft policy proposes:

· a focus on shared outcomes

· partnerships that recognise, value and honour Te Ao Māori

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

· ‘Proactive’ and ‘Responsive’ partnership tracks

· principles to shape eligibility and investment priorities

· valuing (and costing) in-kind support

· a stronger focus on the partnership relationship

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

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

Public engagement held during July and August 2018

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

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

Public feedback shows strong support for new approach

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

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

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

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

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

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

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

Most public concerns relate to application of policy

27. Concerns identified included:

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

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

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

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

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

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

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

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

· determining local outcomes and advocating for local investment priorities

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

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

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

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

Formal local board feedback sought September and October 2018

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

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

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

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

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

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

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

Tauākī whakaaweawe Māori / Māori impact statement

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

Engagement to better understand facility partnerships and Te Ao Māori

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

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

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

Ngā ritenga ā-pūtea / Financial implications

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

Ngā raru tūpono / Risks

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

Ngā koringa ā-muri / Next steps

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

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

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Facility Partnerships Policy - summary of key policy positions	153
b ⇩	Draft Facility Partnerships Policy	155
c ⇩	Facility partnerships with Māori - Summary report	199
d ⇩	Draft Facility Partnerships Policy - Public feedback summary report	227

Ngā kaihaina / Signatories

Author

Rebekah Forman - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Louise Mason - GM Local Board Services

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Whau Local Board

24 October 2018

Review of the Code of Conduct

File No.: CP2018/18651

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 Whau Local Board:

a) provide its feedback on the draft Code of Conduct in Attachment 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. 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	245
b ⇩	Draft Code of Conduct attachments	259

Ngā kaihaina / Signatories

Author

Warwick McNaughton - Principal Advisor - Democracy Services

Authorisers

Marguerite Delbet - General Manager Democracy Services

Louise Mason - GM Local Board Services

Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau

Whau Local Board

24 October 2018

Chairperson	Tracy Mulholland
Deputy Chairperson	Susan Zhu
Members	Derek Battersby, QSM, JP
	Catherine Farmer
	Duncan Macdonald, JP
	Te'eva Matafai
	David Whitley

Author	Riya Seth - Democracy Advisor - Whau
Authoriser	Glenn Boyd - Relationship Manager Henderson-Massey, Waitakere Ranges, Whau