I hereby give notice that an ordinary meeting of the Māngere-Ōtāhuhu Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Wednesday, 17 April 2019 5.00pm Māngere-Ōtāhuhu
Local Board Office |
Māngere-Ōtāhuhu Local Board
OPEN ADDENDUM AGENDA
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MEMBERSHIP
Chairperson |
Lemauga Lydia Sosene |
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Deputy Chairperson |
Togiatolu Walter Togiamua |
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Members |
Tauanu’u Nick Bakulich |
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Carrol Elliott, JP |
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Makalita Kolo |
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Tafafuna’i Tasi Lauese, JP |
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Christine O'Brien |
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(Quorum 4 members)
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Janette McKain Local Board Democracy Advisor
12 April 2019
Contact Telephone: (09) 262 5283 Email: janette.mckain@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Māngere-Ōtāhuhu Local Board 17 April 2019 |
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25 Department of Conversation Proposal to Revoke Reserves Act 1977 Delegations 5
Māngere-Ōtāhuhu Local Board 17 April 2019 |
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Department of Conversation Proposal to Revoke Reserves Act 1977 Delegations
File No.: CP2019/05737
Te take mō te pūrongo
Purpose of the report
1. To provide the Māngere-Ōtāhuhu Local Board with an opportunity to formally resolve its feedback to the proposal by the Department of Conservation to revoke powers delegated to territorial authorities by the Minister of Conservation under the Reserves Act 1977.
Whakarāpopototanga matua
Executive summary
2. The Department of Conservation has written to all territorial authorities (refer Attachment A to the agenda report) advising that due to a recent Court of Appeal decision (Opua Coastal Preservation Inc v Far North District Council [2018] NZCA 262) that the current Minister of Conservation, Hon Eugenie Sage, is considering revoking powers delegated to territorial authorities by the former Minister, Hon Dr Nick Smith in 2013 (refer Attachment B to the agenda report).
3. The reason provided for the majority of the proposed revocation is that under the current delegation, council makes its decision as the territorial authority and then reviews that decision under ministerial delegation. This is viewed as potentially putting council in a conflict of interest situation, as it is effectively reviewing its own decision(s).
4. This proposal has been reviewed by staff and a short assessment presentation has been prepared (refer Attachment C to the agenda report). A draft submission will be prepared for feedback and circulated based on feedback and input from council departments and local boards. This draft will be circulated to members of the Environment and Community Committee and local board members for review and comment on 15 April 2019. This draft submission was not available at time of agenda production and will be tabled at the board meeting. The preparation of the draft will be followed by two drop-in sessions for elected members to provide in-person feedback.
5. A final draft submission will be prepared for the Chairperson of the Environment and Community Committee approval prior to the due date of 26 April 2019. This draft response will need to be retrospectively adopted by the Environment and Community Committee on 14 May 2019.
6. Local board feedback must be prepared by close of business on 18 April 2019. This will allow the feedback to inform Auckland Council’s submission and to be attached to the Auckland Council submission, which will be lodged on behalf of the Environment and Community Committee.
Recommendation/s That the Māngere-Ōtāhuhu Local Board: a) consider providing feedback on the Department of Conservation proposal to revoke current ministerial delegations to Auckland Council under the Reserves Act 1977, noting that feedback is required by the close of business on 18 April 2019.
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Attachments
No. |
Title |
Page |
a⇩ |
Letter and attachment from Department of Conservation to Chief Executive's territorial authorities |
7 |
b⇩ |
Reserves Act powers delegated to Auckland Council |
9 |
c⇩ |
Department of Conservation proposal to revoke Reserves Act delegations presentation to Elected Members |
17 |
Ngā kaihaina
Signatories
Authors |
Janette McKain - Local Board Democracy Advisor |
Authorisers |
Rina Tagore - Relationship Manager Mangere-Otahuhu & Otara-Papatoetoe |