Agenda of Howick Local Board

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

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

4 Confirmation of Minutes

That the Howick Local Board:

a) confirm the ordinary minutes of its meeting, held on Monday, 17 June 2019, as true and correct.

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 Howick 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 Public Forum - Gordon Luke, Lighting at Tarnica Park

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) receive the presentation and thank Gordon Luke and the residents from the Tarnica Park area for their attendance.

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.”

Howick Local Board

15 July 2019

Pathways to Preparedness: A Planning Framework for Recovery

File No.: CP2019/12327

Te take mō te pūrongo

Purpose of the report

1. To seek local board feedback on the draft Pathways to Preparedness: A Planning Framework for Recovery.

Whakarāpopototanga matua

Executive summary

2. The draft Pathways to Preparedness: A Planning Framework for Recovery has been developed to ensure Auckland is better prepared to recover from a disaster.

3. The planning framework set out in the document:

· identifies community values and priorities

· sets a vision for recovery

· focuses on the consequences to be addressed in recovery

· focuses on building capacity and capability and addressing barriers

· identifies actions to build momentum.

4. It has been developed with local board engagement over 2018 and local board feedback is now sought particularly on:

· community values

· community priorities

· the vision

· the way we will work in recovery

· the work to be done to be better prepared for recovery.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) review and provide feedback on the draft Pathways to Preparedness: A Planning Framework for Recovery.

Horopaki

Context

5. Following the Christchurch and Kaikoura earthquakes the Civil Defence Emergency Management Act 2002 was amended, and new guidelines were issued requiring better preparation for, and implementation of, recovery from a disaster.

6. Auckland Emergency Management began development of the Resilient Recovery Strategy to ensure Auckland is better prepared. This included:

· workshops on recovery with local boards between 24 May and 12 July 2018

· reporting back on the workshops in September 2018

· presentations to Local Board Cluster Meetings in March and November 2018

· updating local boards on the development of the Resilient Recovery Strategy in November 2018 and advising that a draft would go the Civil Defence Emergency Management Group Committee in February 2019.

7. At the beginning of this year the Resilient Recovery Strategy was renamed ‘Pathways to Preparedness: A Planning Framework to Recovery’ (refer Attachment A) as it better described the document’s intent and contents.

8. The Civil Defence Emergency Management Group Committee approved the draft Pathways document for targeted engagement in February 2019.

Tātaritanga me ngā tohutohu

Analysis and advice

9. The development of Pathways to Preparedness: A Planning Framework for Recovery (Pathways) followed the Ministry of Civil Defence and Emergency Management’s ‘Strategic Planning for Recovery’ guidelines [DGL 20/17].

10. The Pathways document is structured around this process as illustrated in the components of Figure 1 in the Pathways document (page 3):

i) identifying community values and priorities

The planning framework set out in the Pathways document is described as community centric. Community values and priorities guide us in our preparations enabling recovery to be set up and implemented in a way that helps to meet community needs and aspirations.

An initial set of community values and priorities was derived from workshops with local boards and advisory panels. They will be refined through community engagement as a part of actions to build a better understanding of recovery.

ii) setting the recovery vision

The Pathways document sets the vision whereby “Auckland’s people, communities, businesses and infrastructure are well-placed to recover from a disaster.”

Being well placed means being well-prepared.

iii) anticipation of consequences and opportunities of Auckland hazards and risks

Anticipating potential consequences and opportunities from the impacts of Auckland’s hazards and risks provides insight into what might be required of a recovery. Auckland’s hazards and risks are identified in our Group Plan and some are the focus of the Natural Hazards Risk Management Action Plan. Building on previous work is part of the work programme resulting from the planning framework under the Pathways document.

iv) building capacity and capability, addressing barriers to recovery

Another way in which the planning framework is community centric is in the way we will work in a recovery. Taking a collaborative, partnership approach means structuring and implementing recovery in a way that maintains its focus on community outcomes.

A significant recovery will require ‘big government’ structures and processes to effectively mobilise resources and coordinate large scale effort. Such approaches can seem remote from local communities. Effort is required to ensure good communication and community engagement are effectively maintained.

v) identifying actions to build momentum

Another significant focus is the work we need to do to be better prepared. There are 43 actions identified under five focus areas: recovery is communicated, recovery is understood, capacity and capability is available, collaboration is supported, and progress is monitored and evaluated.

The actions will form a work programme to be implemented in the lead up to the review of the Auckland Civil Defence Emergency Management Group Plan which is due by October 2021 unless delayed by events.

11. Against this background comments and views on the Pathways to Preparation: A Planning Framework for Recovery strategy is particularly required on:

· community values

· community priorities

· the vision

· the way we will work in recovery

· the work to be done to be better prepared for recovery.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

12. Many parts of the Auckland Council group potentially become involved in responding to a disaster and subsequent recovery. The planning framework in the Pathway’s document seeks to provide clarity about what will be required to support effective collaboration across the council group in recovery.

13. Views from across the council group are being sought during targeted engagement through June and July 2019.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

14. Auckland’s hazards and risks may give rise to events with local, sub-regional or region-wide impacts. Their consequences will be influenced by the circumstances of the time and place in which the event took place.

15. Local board views on their community’s values and priorities are important in determining the way we will work together collaboratively in recovering from a disaster.

Tauākī whakaaweawe Māori

Māori impact statement

16. Recovery addresses the consequences of an emergency and their impacts across the natural, social, built and economic environments. The goals, objectives and execution of recovery holds implications for iwi, environmental guardianship, Māori communities (iwi, hapu and mataawaka), marae, assets and the Māori economy.

17. Building relationships amongst Auckland’s Māori communities to develop a deeper understanding of our potential collaboration across reduction, readiness, response, resilience and recovery is a goal of Auckland Emergency Management. It is also part of the workplan arising from the planning framework set out in the Pathways document.

Ngā ritenga ā-pūtea

Financial implications

18. There are no financial implications arising out of this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

19. Pathways to Preparedness: A Planning Framework for Recovery and the work programme it will establish are intended to address the risk of Auckland being unprepared to recover from a disaster.

20. Recovering from a disaster is complex, lengthy and costly. An absence or lack of preparation can:

· delay commencement of recovery efforts and lengthen the time taken to complete recovery

· inhibit multiagency collaboration

· lead to increased costs, disruption and distress for affected communities and individuals.

Ngā koringa ā-muri

Next steps

21. Local board feedback will be collated and considered for reporting to the Civil Defence Emergency Management Committee and incorporation into the final iteration of the Pathways document.

22. The Civil Defence Emergency Management Group Committee will receive the final iteration of Pathways to Preparedness: A Planning Framework for Recovery for approval in August 2019.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Pathways to Preparedness: A Planning Framework for Recovery	15

Ngā kaihaina

Signatories

Author

Wayne Brown - Principal Recovery Advisor

Authorisers

Jacques Victor – General Manager Auckland Plan Strategy and Research

Nina Siers - Relationship Manager

Louise Mason – General Manager Local Board Services

Howick Local Board

15 July 2019

Auckland Transport July 2019 update to the Howick Local Board

File No.: CP2019/12710

Te take mō te pūrongo

Purpose of the report

1. To provide an update to the Howick Local Board on transport related matters in their area, including those relating to the Local Board Transport Capital Fund and Community Safety Fund.

Whakarāpopototanga matua

Executive summary

2. A decision is not required this month but the report contains information about the following:

· the wider ‘context’ involving a summary of the strategic projects or issues effecting the Howick area

· an update on the Local Board Transport Capital Fund (LBTCF) matters

· an update on the Community Safety Fund (CSF) matters

· progress on local board advocacy initiatives.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) receive the Auckland Transport July 2019 monthly update.

Horopaki

Context

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

4. Auckland Transport continues to deliver a number of projects and initiatives in Howick, discussed below.

Road safety and speed management

5. Since 2018 the Government and Auckland Transport have committed to improving road safety and are working together to deliver a new road safety strategy. Starting with a commitment to road safety and including a ‘Vision Zero’ approach, in the Government Policy Statement, Government has made safety a priority. Auckland Transport is also committed to supporting this approach and is delivering a considerable safety work programme.

6. Although road safety is an issue across New Zealand it is an increasing problem in Auckland (including in Howick) and over the last five years has got worse.

7. A large amount of safety work is budgeted for and is being delivered around the region. However, engineering takes time, so the first project is implementing a new Speed By-law consolidating speed limit changes into a set of local speed restrictions slowing traffic down in high-risk areas. The effect in Howick is not significant, with at this stage, only three roads have speed controls proposed but it is important that the board is involved and informed about the project.

8. Auckland Transport consulted the community about the proposed speed limit changes in early 2019. The response was very large, with Auckland Transport receiving more than 11,000 submissions. The Howick Local Board made a written submission.

9. Auckland Transport is still considering the information gathered during the consultation. Processing the large amount of data has taken longer than expected and a formal report with recommendations which was planned in June 2019 is still being worked on. When the report is completed, the next step is for the Auckland Transport’s Board to consider the proposal and the submissions made before confirming the final plan.

Rapid Transport Network (RTN)

10. The high level plan is that the Central Rail Link, AMETI-Eastern Busway, Airport to Botany and electrification to Pukekohe all finish at roughly the same time creating a ‘skeleton’ of the Rapid Transit Network (RTN) able to move people north/south and east/west.

11. From Howick’s perspective, key projects are the AMETI-Eastern Busway and the Airport to Botany Rapid Transport Network (RTN). This ‘corridor’ is shown in the map below (Figure 1) with a transparent semi-circle This project will help deliver Auckland Transport’s public transport strategy by providing an east-west RTN linking Auckland Airport with Botany via Manukau.

Figure 1: Potential Future Regional Transport Network – Auckland Transport Alignment Project (ATAP) – Howick Connectivity Highlighted

Airport to Botany link

12. New Zealand Transport Agency, Auckland Airport and Auckland Transport are working together to plan and build a bus or light rail link between Auckland Airport and Botany.

13. The project team aim to discuss the project with the Auckland Transport Board soon and provide them with information from the consultation process and from the design process to consider and so they can confirm the project direction. When this is finished the project team will return to the effected local boards and provide more information including confirmation of preferred routes.

14. Work on the Puhinui Station continues and physical work is about to commence with a site blessing on 8 July 2019.

AMETI - Eastern Busway.

15. AMETI – Eastern Busway is a $1.4 billion project to build New Zealand’s first urban busway providing congestion free ‘bus only’ lanes for commuters from Panmure to Botany. Auckland Transport contractors have started working on Stage 1 and work continues planning the second, third and fourth stages that in time will:

· complete a flyover for commuter traffic linking Reeves Road to the South Eastern Arterial

· build a Rapid Transit Network from Pakuranga to Botany

· build a large transport hub at Botany that the Airport to Botany project will terminate at.

16. Contractors are still working hard focusing on completing enabling works like retaining walls, ‘haul’ roads (heavy duty roads for plant equipment to use) to access work sites and ‘pre-loading’ (using large amounts of earth to stablise work areas).

17. The Transit 2 (T2) lanes provided for the Pakuranga Road express bus service started on 1 July 2019. This report was written before the T2 lanes had been operating for long enough to provide accurate data for reporting. However, Auckland Transport intends to provide a detailed report on 8 July 2019 that will have a week’s worth of commuter data.

Tātaritanga me ngā tohutohu

Analysis and advice

Community Safety Fund (CSF)

18. The CSF is designed to deliver capital projects identified by the local board that will help to prevent, control or mitigate identified local safety hazards. A local board’s share of the fund is based on a formula that assesses the number of deaths and serious injuries in that area and Howick Local Board’s share is $985,896. The CSF started in 2018 and delivers a total of $20 million over two years distributed across all 21 local boards. It is strictly for road safety initiatives.

19. At its business meeting on 19 June 2019 the board confirming that it would like to support the following two projects:

· Botany Downs Secondary College Crossing Point – Improving the crossing facilities for student of Botany Downs Secondary College who need to cross Chapel Road

· Flatbush School Road Temporary Pedestrian Bridge – Building a temporary bridge over the Flat Bush Culvert (on Flatbush School Road) allowing pedestrians to cross the culvert more safely.

20. Auckland Transport is now developing the work programme to deliver the CSF projects. When the programme is confirmed, it will be reported back to the board.

Local Board Transport Capital Fund (LBCTF)

21. 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 may be considered if they support a transport outcome).

22. The fund is designed to allow local boards to build transport focused local improvements in their areas.

23. The following table provides an overall summary of the current LBTCF position, including the increased LBTCF approved by council and applying from 1 March 2018. This summary now shows the $2 million the local board ‘ring-fenced’ or requested is held in reserve. This action is an internal administrative measure and money in this state is not yet allocated. The table also includes the money recently allocated to projects giving a remainder of approximately $1.3 million unallocated.

Table 1: Howick LBTCF Financial Summary

24. The projects that the board are working on are summarised in the table below:

Table 2: Local Board Transport Capital Fund Projects

General Overview
Project	Current Status	Discussion
Half Moon Bay Ferry Pier and Bus Turnaround		Completed.
Howick Village Centre Plan		Supporting the Howick Village Centre Plan.
Cascades Walkway		Building a footpath on Cascade Road that will provide access under the bridge on the western edge of the golf course to the walking track that follows the stream.
Botany Downs Secondary College Crossing		Improving the ability for Botany Downs Secondary School pupils to cross Chapel Road
Te Uho o Te Nikau School		Improving pedestrian access to the new school on Flatbush School Road.
Pakuranaga Road Safety Fence		Completed
Barry Curtis Park Footpath		Building a footpath and pedestrian refuge at the edge of Barry Curtis Park.
Notes: A ‘traffic light’ code is used to summarise the status of projects. The colours are used as follows: Green – Project progressing ‘on time’ and on budget. Orange – An issue has been identified that may need to be resolved. Red - An major issue has been identified that needs to be resolved.
Detailed Project Progress Report
Half Moon Bay Ferry Terminal Completed.
Howick Village Centre Plan This project is being led by Auckland Council and the team of Council appointed project managers continue to work on this project slowly developing a plan for upgrading the Howick Village. Although the project has $400,000 allocated to finance technical design work, none has been used yet.
Cascades Walkway Work continues to progress.
Botany Downs Secondary College Crossing Last month Auckland Transport re-considered it’s advice and developed a solution that will allow this project to qualify for use of the Community Safety Fund. This project is now being delivered through this budget. When planning and programming are finished Auckland Transport will provide information about the planned delivery date. Next month this project will be removed from this list.
Te Uho o Te Nikau School Auckland Transport reported that this project can be completed utilising the Community Safety Fund. In June 2019 the board confirmed by resolution that they support this course of action. When planning and programming are finished Auckland Transport will provide information about the planned delivery date. Next month this project will be removed from this list.
Pakuranaga Road Safety Fence Completed.
Barry Curtis Park Footpath In June 2019, the Howick Local Board decided use the LBTCF to deliver this project identified by Auckland Council Community Facilities.

25. Last month it was reported that at this stage in the electoral term, the LBTCF can no longer be used. It is too late in the term to deliver projects. Any money remaining is held by Auckland Transport for the next local board to use.

Local board advocacy

26. The following table is summary of Howick Local Boards Advocacy Initiatives and progress on them.

Table 3: Howick Advocacy Initiative Summary

Advocacy Initiative	Key Initiative	Status
A well-integrated efficient public transportation system	Advocate to Auckland Transport to maintain and upgrade existing transportation systems, including improving safety at congestion hot spots	Since the last report Auckland Transport has supported this ‘Key Initiative’ by: · The express bus service between Panmure and Howick that the board advocated for to support AMETI is operational · T2 lanes to speed up bus services have become operational · The ‘park and ride’ at Lloyd Elsmore Park is planned to be in service this month · Construction of Stage One of the AMETI – Eastern Busway continues to progress.
Well designed and quality development in Howick	Continue to partner with Auckland Transport to develop the Half Moon Bay area as a transport hub	Auckland Transport recently addressed a number of service issues at half Moon Bay and continues to monitor the situation. .
Well designed and quality development in Howick	Continue to develop integrated planning solutions which co-ordinate the planning, design and management of public spaces	Auckland Transport continues to support the Howick Village Centre project.
Parks and open spaces allow for a wide variety of recreational activities	Continue to extend existing walkways and cycle ways, including informative signage	Auckland Transport continues to work with Auckland Council to help support delivery of the Howick Walking and Cycling Pathway Plan is complete and delivery.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27. No impacts on other groups in the Council family arise from this month’s report.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

Auckland Transport consultations

28. Over the last reporting period, Auckland Transport did not invite the board to provide feedback.

Traffic Control Committee resolutions

29. When the report was prepared Traffic Control Committee decisions were not available and will be provided next month.

Tauākī whakaaweawe Māori

Māori impact statement

30. In this reporting period no projects required iwi liaison.

Ngā ritenga ā-pūtea

Financial implications

31. The status of the LBTCF is the most significant financial implication this month because there is a significant amount of money in this fund, approximately, $1.3 million is not committed to projects. Another $2 million is being held ‘in reserve’ for projects that may happen; the Howick Village Centre Upgrade and the Te Uho o Te Nikau School bridge.

32. At this stage in term it is too late for new projects to be delivered using this fund so the remaining money approximately $3 million (including the money in reserve) will be retained by Auckland Transport for the next local board to use.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33. The proposed decision to receive the report has no risks. Auckland Transport has risk management strategies in place for all of its projects.

Ngā koringa ā-muri

Next steps

34. Auckland Transport will provide a further update to the board next month.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Ben Stallworthy – Elected Member Relationship Manager

Authorisers

Jonathan Anyon – Elected Member Relationship Team Manager

Nina Siers - Relationship Manager

Howick Local Board

15 July 2019

Classification of Bucklands Beach Domain and Morrow Avenue Reserve

File No.: CP2019/10580

Te take mō te pūrongo

Purpose of the report

1. To classify Bucklands Beach Domain and Morrow Avenue Reserve as recreation reserves pursuant to Section 16 (1) of the Reserves Act 1977 and declare Lot 51 DP 17870 as a recreation reserve in terms of Section 14 (1) of the Reserves Act.

Whakarāpopototanga matua

Executive summary

2. Bucklands Beach Domain and Morrow Avenue Reserve are held by the Crown through the Department of Conservation as unclassified recreation reserves subject to the Reserves Act 1977 but are controlled and managed for recreational purposes by Auckland Council.

3. Classification is a mandatory process under the Reserves Act and if not undertaken would mean the council is not meeting its statutory obligations.

4. Classification would allow the reserves to be vested in trust to council under Section 26 of the Reserves Act. This would allow the council to manage the reserves with greater liberty, allowing future land owner approval and community leasing applications to be processed subject to council policies and processes.

5. Until classification is completed, the lease for Bucklands Beach Sea Scouts is not compliant with the Reserves Act and cannot be renewed.

6. Staff consider a recreational reserve status to best represent both reserves as the land was acquired for recreational purposes, their current main purposes are for recreational activities, and will allow the reserves to be utilised to their full potential while also protecting their ecological value and guarding against building proliferation.

7. Iwi representatives requested council investigate alternative classifications that protected natural features and reduced building proliferation. Staff assessed this request and advise that the recreational status as well as zoning limitations will provide a comprehensive protection over all natural features on the reserve protection as well as ensuring the primary purpose of recreation is maintained.

8. Lot 51 DP 17870 (outlined in white in image 2 of Attachment A) was acquired separately from the other parcels of land within Bucklands Beach Domain. Lot 51 is held by the council under the Local Government Act 2002. Staff propose that it be declared as a recreation reserve to align with the proposed classification of the adjoining land parcels.

9. As such, staff recommend that the Howick Local Board resolve to classify Bucklands Beach Domain and Morrow Avenue Reserve as recreational reserves and to declare the land parcel Lot 51 DP 17870 as a recreation reserve.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) resolve to classify Bucklands Beach Domain and Morrow Avenue Reserve as recreation reserves pursuant to Section 16 (1) of the Reserves Act 1977;

b) declare Lot 51 DP 17870 within Bucklands Beach Domain as a recreation reserve pursuant to Section 14 (1) of the Reserves Act.

Horopaki

Context

10. Classification is a mandatory process under section 16 of the Reserves Act 1977 which involves assigning a reserve (or parts of a reserve) to the appropriate class. The class determines the principle or primary purpose of the reserve. The present values of the reserve are considered as well as the future “potential” values and the possible future uses and activities on the reserve.

Reserve history

11. Bucklands Beach Domain and Morrow Avenue Reserve were acquired by the Crown as recreation reserves on the deposit of DP 17870 on 31 March 1924 pursuant to Section 16 (5) of the Land Act 1924. They are currently held by the Crown through the Department of Conservation, subject to the Reserves Act 1977 as unclassified recreation reserves. They are controlled and managed for recreation purposes by council (the various parcels of land to be classified are shown in Attachment A and described in the tables below).

12. Bucklands Beach Domain is made up of four parcels:

Parcel	Street Address	Description of area	Current land status
LOT 144 DP 17870	32R Morrow Avenue	Main area of domain with which includes the walkway, trees and part of playground	Unclassified recreation reserve subject to Reserves Act 1977
LOT 183 DP 17870	32R Morrow Avenue	Main area of domain with which includes the walkway, trees and part of playground	Unclassified recreation reserve subject to Reserves Act 1977
LOT 178 DP 17870	32R Morrow Avenue	Includes the Sea Scouts building and an entrance to the domain.	Unclassified recreation reserve subject to Reserves Act 1977
LOT 51 DP 17870	67 Clovelly Road	Main entrance to reserve from Clovelly Road with walkway	Subject to the Local Government Act

13. Morrow Avenue Reserve is made up of one parcel:

Parcel	Street Address	Description of area	Current and status
LOT 107 DP 17870	19R Morrow Avenue	Bucklands Beach Bowling Club	Unclassified recreation reserve subject to Reserves Act 1977

14. Lot 51 DP 17870 within Bucklands Beach Domain is owned in fee simple by Auckland Council and subject to the Local Government Act 2002 (LGA). Lot 51 was transferred to the legacy council from private ownership in 1964 but not for reserve purposes. As such, it remains owned in fee simple subject to the LGA and cannot be classified until it has first been declared a reserve subject to the Reserves Act.

15. Section 59A(1) of the Reserves Act requires any permit, licence, lease or easement proposed to be granted by any council over any Crown owned reserve to be executed by way of a concession under Part 3B of the 1987 Conservation Act. The Minister of Conservation’s power to grant a concession was delegated to council in 2013.

16. If the council classifies Bucklands Beach Domain and Morrow Avenue Reserve, by operation of Section 26A (1) and (2) of the Reserves Act, the reserves will automatically vest in the council, in trust, and the council will be able to manage the reserve as our own. This will simplify the process for any future applications to occupy or lease these two reserves as they could be processed by way of a standard land owner approval or community lease application, rather than as concessions.

17. Once Bucklands Beach Domain is classified, the lease for the Bucklands Beach Sea Scouts can be renewed. The Bucklands Beach Sea Scouts, who use the building occupying Lot 178 DP 17870, currently have an operative lease which is not compliant with the Reserves Act. Their lease came up for renewal on 1 December 2018 with a further term of 10 years that would take the lease through to 30 November 2028. The lease will carry over until the reserve is classified.

18. The Bucklands Beach Bowling Club, who occupy Morrow Avenue Reserve (described as Lot 107 DP 17870), had a lease which expired on 31 March 2014. The lease has continued to roll over on a month by month basis since that time. A new lease was deferred by the local board in 2016 due to declining membership and financial constraints at the club.

19. Classification of Bucklands Beach Domain will also allow council to grant some minor works to construct a stormwater pipe and manhole application as a standard Land Owner Approval.

Classification procedure

20. Lot 51 Deposit Plan 17870 (outlined in white in image 2 of Attachment A) is not subject to the Reserves Act 1977, it is owned in fee simple by Auckland Council under the Local Government Act 2002. However, staff propose that it be declared as a recreation reserve to align with adjoining land parcels. By declaring Lot 51 to be a reserve subject to the Reserves Act for recreation purposes it will be automatically classified for the same purpose without further consultation, notification or gazetting required (Section 14(4) of the RA’77).

21. The classification procedure is authorised under Section 16 (1) of the Reserves Act because the land concerned is held by the Crown and requires a gazette notice to be issued by the council declaring the classification.

22. Public notification is not required for the classification of these reserves because the intended classification of recreational reserve is the same reserve purpose as the reserve is currently held for. Section 16 (5) of the Reserves Act provides the exemption from public notification.

23. Council is required under Section 4 of the Conservation Act 1987 to consult iwi on the proposal. Consultation with iwi has been undertaken and is detailed in the Māori impact statement below.

Tātaritanga me ngā tohutohu

Analysis and advice

24. Auckland Council is statutorily obliged to classify all unclassified reserves.

25. Council’s parks and places specialist, maintenance delivery coordinator and service and asset planner have been consulted regarding the correct classification of the reserve and agree that all parcels within Bucklands Beach Domain and Morrow Avenue Reserve should be classified as a recreation reserve.

26. The service and asset planner has advised that the proposed classification aligns with the guidance criteria for reserve classification.

27. When reviewing the future land status options staff considered the following:

i. Why does the council own the land and how was it acquired?

ii. What is the primary purpose of the land?

iii. What is the status of adjacent parcels of land within the same park?

iv. What is the current and likely future main use of the land?

v. What potential does the land have for protection, enhancement and development?

Bucklands Beach Domain

Recreation Reserve

28. The purpose of recreation reserves as set out in section 17 of the Reserves Act 1977 is to provide for “recreation and sporting activities and the physical welfare and enjoyment of the public, and for the protection of the natural environment and beauty of the countryside, with emphasis on the retention of open spaces and on outdoor recreational activities, including recreational tracks in the countryside”.

29. The recreation reserve classification is the most appropriate as it allows formal and informal recreation in an almost totally urbanised area, enabling residents and visitors to enjoy the reserve in a manner supported by the Reserves Act 1977. This was also the intended purpose for the reserve when it was originally acquired in 1924.

30. Although a recreation reserve does allow buildings, its secondary purpose is to offer protection to the natural environment (for more information please have regard to Attachment B: Section 17 of the Reserves Act 1977).

31. The natural environment of Bucklands Beach Domain can be appropriately protected by zoning limitations and a prohibition on further buildings in the Local Park Management Plan.

32. The proposed classification, with the limitations and prohibitions as described, will allow the park to be utilised to its full potential while also protecting its ecological value and guarding against building proliferation.

33. Additionally, there is an existing playground on the reserve which supports the proposed recreation reserve classification.

Alternative Classification of Scenic Reserve

34. Based on feedback received at the Mana Whenua forum staff have investigated the alternative land classification of a scenic reserve.

35. The purpose of scenic reserves as set out in section 19 of the Reserves Act 1977 is for the purpose of “protecting and preserving in perpetuity for their intrinsic worth and for the benefit, enjoyment, and use of the public, suitable areas possessing such qualities of scenic interest, beauty, or natural features or landscape that their protection and preservation are desirable in the public interest” or for “providing, in appropriate circumstances, suitable areas which by development and the introduction of flora, whether indigenous or exotic, will become of such scenic interest or beauty that their development, protection, and preservation are desirable in the public interest” (Attachment C Section 19 of the Reserves Act 1977).

36. A Scenic Reserve inherently protects the natural values of the land but does not provide for people-based activities, limiting the use of the reserve.

37. In light of the alternative protection mechanism which are available, this classification is not recommended.

38. An alternative approach is to survey off the portion of the reserve containing regenerating bush and to classify that portion as scenic reserve. Similar to point 37 above this is not recommended, as alternative protection mechanisms are already available. The survey is also costly and time consuming which is unnecessary as the land will be able to be managed by a reserve management plan once it has been classified.

Declaration of Lot 51 DP 17870

39. Lot 51 DP 17870 (outlined in white in Attachment A) was acquired separately from the other parcels of land within Bucklands Beach Domain. Lot 51 is held by the Auckland Council under the Local Government Act 2002. Lot 51 was acquired in 1964 from private landowners and was not acquired for reserve purposes and therefore there is no outstanding commitment for this council to declare Lot 51 to be a reserve. Staff propose that it be declared as a recreation reserve to align with adjoining land parcels. Section 14 (1) of the Reserves Act allows any local authority by resolution to declare any land vested in it to be reserve.

Morrow Avenue Domain

Recreation Reserve

40. Morrow Avenue Reserve was acquired for recreation purposes and its current use is as a bowling club which is a recreational activity. There are no historic or scenic features which would lend it to another classification. No concerns were raised regarding the proposed classification at the Mana Whenua forum.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

41. Staff do not consider other council groups to be affected by the classification of Bucklands Beach Domain and Morrow Avenue Reserve. Classification of the reserves give the council guidance for the development of management plans that coincide with this purpose.

Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe

Local impacts and local board views

42. In a workshop held on 28 February 2019 staff discussed with the board the proposal to classify the reserve as recreation. Staff sought support from the board to commence consultation with iwi. The board were supportive of the proposal and permitted staff to commence consultation with all interested iwi for their feedback on the proposed classification.

43. The classification of the reserves for recreational purposes aligns with the Howick Local Board Outcome 5: Our people are active and healthy, as the recreational classification will formalise the requirement to provide recreational facilities and equipment to allow activities that encourage more people to be physically active. The classification provides guidance for developing management plans that coincide with this purpose.

44. Classification as a recreation reserve also aligns with the Howick Local Board Outcome 4: A treasured environment, as the secondary purpose of recreational reserves is protect the natural environment.

Tauākī whakaaweawe Māori

Māori impact statement

45. Staff attended a mana whenua forum on 27 March 2019 where land classification and community lease matters were discussed.

46. No concerns were raised regarding the proposed recreation reserve classification of Morrow Avenue Reserve however Mana Whenua representatives raised concerns regarding building proliferation on the remainder of Bucklands Beach Domain and requested further information on the proposed land classification, alternative classifications such as a scenic reserve and measures to safeguard the natural features of the land.

47. Following the mana whenua forum an additional letter was sent to iwi in terms of Section 4 of the Conservation Act 1987, detailing responses to the concerns raised regarding the recreational classification at the forum. No formal objections or additional feedback was received when the formal feedback period ended on 24 May. As such, staff consider that iwi are not opposed to the proposed classifications.

Ngā ritenga ā-pūtea

Financial implications

48. There are no significant cost implications in regards to classifying the reserves as recreational. An alternative classification would require that public notification be undertaken. Public notification can lead to significant costs depending on the number of submissions and if a hearing is required.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. The local board could choose to leave the reserves as unclassified reserve land however this option has been discounted as it would mean that the council would not be meeting its statutory obligations under the Reserves Act.

50. Department of Conservation owned reserves can be identified for inclusion within treaty settlements. Any new lease that council grants over each reserve must contain a treaty clause reminding all parties that the reserves are Crown owned and may be identified for inclusion in a treaty settlement in future years.

Ngā koringa ā-muri

Next steps

51. If the board resolves to classify the reserve subject to section 16 (1) of the Act, the General Manager Community Facilities will exercise his powers as the council’s Minister of Conservation’s delegate and publish gazette notices in the New Zealand Gazette declaring the classification.

52. Staff will register the published notices against the relevant titles to ensure a permanent public record is retained about the classification and declaration actions.

53. Staff will complete standard community lease and land owner approval processes for applications within Bucklands Beach Domain.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Aerial maps of Bucklands Beach Domain and Morrow Ave Reserve	49
b ⇩	Section 17 of the Reserve Act: Recreation Reserves	51
c ⇩	Section 19 of the Reserves Act: Scenic Reserves	53

Ngā kaihaina

Signatories

Author

Glenn Riddell - Land Use Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Nina Siers - Relationship Manager

No.	Title	Page
a ⇩	Authorisation Memo and Urgent Decision of the Howick Local Board	57
b ⇩	Notification Memo of Proposed Plan Change 26	61
c ⇩	Feedback Memo on Proposed Plan Change 26	65

Howick Local Board

15 July 2019

Urgent Decision - Howick Local Board feedback on the review of the Walking Access Act 2008

File No.: CP2019/12065

Te take mō te pūrongo

Purpose of the report

1. To note that an urgent decision was made to provide feedback in relation to the review of the Walking Access Act 2008.

Whakarāpopototanga matua

Executive summary

2. At the 24 November 2016 Howick Local Board meeting the board considered the urgent decisions and passed resolution HW/2016/342:

That the Howick Local Board:

a) adopt the urgent decision-making process for matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum;

b) delegate authority to the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board;

c) agree that the relationship manager, chair and deputy chair (or any person/s acting in these roles) will authorise the urgent decision-making process by signing off the authorisation memo;

d) note that all urgent decisions will be reported to the next ordinary meeting of the local board.

3. An urgent decision was required in this instance because the deadline to submit feedback was before the next scheduled local board business meeting on Monday 17 July 2019. The authorisation memo and the associated urgent decision is included in this report as Attachment A.

4. Auckland Council has received notification of the review of the Walking Access Act 2008 led by the Ministry for Primary Industries. The memo notifying the review of the Walking Access Act 2008 is included in this report as Attachment B.

5. The board provided feedback on the Walking Access Act 2008 Review. The memo providing feedback on the review of the Walking Access Act 2008 is included in this report as Attachment C. The boards feedback will be incorporated with the wider Auckland Council feedback to the Ministry for Primary Industries.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) note the urgent decision made on 27 June 2019, to provide feedback on the review of the Walking Access Act 2008.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Authorisation Memo and Urgent Decision Request of the Howick Local Board	69
b ⇩	Notification Memo of review of the Walking Access Act 2008	75
c ⇩	Feedback Memo on the review of the Walking Access Act 2008	77

Ngā kaihaina

Signatories

Author

Vanessa Phillips - Democracy Advisor

Authorisers

Nina Siers - Relationship Manager

Louise Mason – General Manager Local Board Services

Chairperson	David Collings
Deputy Chairperson	Katrina Bungard
Members	Garry Boles
	Jim Donald
	John Spiller
	Mike Turinsky
	Adele White
	Bob Wichman
	Peter Young, JP

No.	Title	Page
a ⇩	Workshop record 4 June 2019	87
b ⇩	Workshop record 6 June 2019	89
c ⇩	Workshop record 13 June 2019	91
d ⇩	Workshop record 20 June 2019	93
e ⇩	Workshop record 27 June 2019	95

Author	Vanessa Phillips - Democracy Advisor
Authoriser	Nina Siers - Relationship Manager