I hereby give notice that an ordinary
meeting of the Governing Body will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 22
August 2019
9.30am
Reception
Lounge
Auckland Town Hall
301-305 Queen Street
Auckland
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Tira Kāwana / Governing Body
OPEN AGENDA
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MEMBERSHIP
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Mayor
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Hon Phil Goff, CNZM, JP
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Deputy Mayor
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Deputy Mayor Cr Bill Cashmore
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Councillors
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Cr Josephine Bartley
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Cr Mike Lee
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Cr Dr Cathy Casey
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Cr Daniel Newman, JP
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Cr Ross Clow
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Cr Greg Sayers
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Cr Fa’anana Efeso Collins
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Cr Desley Simpson, JP
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Cr Linda Cooper, JP
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Cr Sharon Stewart, QSM
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Cr Chris Darby
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Cr Sir John Walker, KNZM, CBE
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Cr Alf Filipaina
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Cr Wayne Walker
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Cr Hon Christine Fletcher, QSO
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Cr John Watson
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Cr Richard Hills
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Cr Paul Young
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Cr Penny Hulse
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(Quorum 11 members)
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Sarndra O'Toole
Team Leader Governance Advisors
19 August 2019
Contact Telephone: (09) 890 8152
Email: sarndra.otoole@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Terms of Reference
Those powers which cannot legally be delegated:
(a) the
power to make a rate
(b) the
power to make a bylaw
(c) the
power to borrow money, or purchase or dispose of assets, other than in
accordance with the long term plan
(d) the
power to adopt a long term plan, annual plan, or annual report
(e) the
power to appoint a chief executive
(f) the
power to adopt policies required to be adopted and consulted on under the Local
Government Act 2002 in association with the long-term plan or developed for the
purpose of the local governance statement
(g) the
power to adopt a remuneration and employment policy.
Additional
responsibilities retained by the Governing Body:
(a) approval
of long-term plan or annual plan consultation documents, supporting information
and consultation process prior to consultation
(b) approval
of a draft bylaw prior to consultation
(c) resolutions
required to be made by a local authority under the Local Electoral Act 2001,
including the appointment of electoral officer
(d) adoption
of, and amendment to, the Committee Terms of Reference, Standing Orders and
Code of Conduct
(e) relationships
with the Independent Māori Statutory Board, including the funding
agreement and appointments to committees
(f) approval
of the Unitary Plan
(g) overview
of the implementation and refresh of the Auckland Plan through setting
direction on key strategic projects (e.g. the City Rail Link and the
alternative funding mechanisms for transport) and receiving regular reporting
on the overall achievement of Auckland Plan priorities and performance
measures.
Exclusion of the public – who
needs to leave the meeting
Members of the public
All members of the public must leave the
meeting when the public are excluded unless a resolution is passed permitting a
person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
·
Access to confidential information is managed on a “need to
know” basis where access to the information is required in order for a
person to perform their role.
·
Those who are not members of the meeting (see list below) must
leave unless it is necessary for them to remain and hear the debate in order to
perform their role.
·
Those who need to be present for one confidential item can remain
only for that item and must leave the room for any other confidential items.
·
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
·
The members of the meeting remain (all Governing Body members if
the meeting is a Governing Body meeting; all members of the committee if the
meeting is a committee meeting).
·
However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
·
All councillors have the right to attend any meeting of a
committee and councillors who are not members of a committee may remain,
subject to any limitations in standing orders.
Independent Māori Statutory Board
·
Members of the Independent Māori
Statutory Board who are appointed members of the committee remain.
·
Independent Māori Statutory Board
members and staff remain if this is necessary in order for them to perform
their role.
Staff
·
All staff supporting the meeting (administrative, senior
management) remain.
·
Other staff who need to because of their role may remain.
Local Board members
·
Local Board members who need to hear the matter being discussed
in order to perform their role may remain. This will usually be if the
matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
·
Representatives of a Council Controlled Organisation can remain
only if required to for discussion of a matter relevant to the Council Controlled
Organisation.
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Governing Body
22 August 2019
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ITEM TABLE OF CONTENTS PAGE
1 Affirmation 7
2 Apologies 7
3 Declaration of
Interest 7
4 Confirmation
of Minutes 7
5 Petitions 7
6 Public Input 7
7 Local Board
Input 7
7.1 Local Board Input: Hibiscus and Bays
Local Board - Freedom Camping 8
8 Extraordinary
Business 8
9 Implementing
the next steps for the Freedom Camping in Vehicles Bylaw 9
10 Chair's Report on Freedom
Camping in Vehicles Bylaw 285
11 Panel report on proposed
new Waste Management and Minimisation Bylaw 2019 289
12 Code of Conduct - Conduct
Review Independent Panel 343
13 Summary of Governing Body
information memoranda and briefings - 22 August 2019 including the Forward Work
Programme 347
14 Consideration
of Extraordinary Items
PUBLIC EXCLUDED
15 Procedural
Motion to Exclude the Public 369
C1 CONFIDENTIAL: Code of
Conduct - Conduct Review Independent Panel 369
His Worship the
Mayor will read the affirmation.
2 Apologies
At the close of
the agenda no apologies had been received.
3 Declaration
of Interest
Members are
reminded of the need to be vigilant to stand aside from decision making when a
conflict arises between their role as a member and any private or other
external interest they might have.
4 Confirmation
of Minutes
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That the Governing Body:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 25 July 2019, as a true and correct
record.
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5 Petitions
At the close of
the agenda no requests to present petitions had been received.
6 Public
Input
Standing Order
7.7 provides for Public Input. Applications to speak must be made to the
Governance Advisor, in writing, no later than one (1) clear working day
prior to the meeting and must include the subject matter. The meeting
Chairperson has the discretion to decline any application that does not meet
the requirements of Standing Orders. A maximum of thirty (30) minutes
is allocated to the period for public input with five (5) minutes
speaking time for each speaker.
At the close of
the agenda no requests for public input had been received.
7 Local
Board Input
Standing Order
6.2 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give one (1) day’s notice of their wish
to speak. The meeting Chairperson has the discretion to decline any
application that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 6.1 to speak to matters on the
agenda.
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7.1 Local
Board Input: Hibiscus and Bays Local Board - Freedom Camping
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Te take mō te pūrongo
Purpose
of the report
1. Hibiscus
and Bays Local Board Chair, Julia Parfitt, will address the Governing Body
regarding funding for compliance of the freedom camping bylaws particular
over the summer period.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) thank
Hibiscus and Bays Local Board Chair, Julia Parfitt, for her input in relation
to funding for compliance of the freedom camping bylaws particular over the
summer period and for her attendance.
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8 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.”
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Governing Body
22 August 2019
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Implementing
the next steps for the Freedom Camping in Vehicles Bylaw
File No.: CP2019/14411
Te take mō te
pūrongo
Purpose of the report
1. To
receive the Hearings Panel report with recommendations for amendments to the proposed
Freedom Camping in Vehicles Bylaw following public feedback.
2. To
make a decision on the use of ministerial consent to allow for
restricted freedom camping to occur on the reserves held under the Reserves Act
1977 which are contained in a bylaw.
Whakarāpopototanga matua
Executive summary
3. On
8 November 2018 the Regulatory Committee agreed to recommend a Statement of
Proposal for a new Freedom Camping in Vehicles Bylaw to the Governing
Body. At the same meeting the committee appointed a Hearings Panel (the
Panel) to consider public feedback and to make recommendations on the proposed
bylaw back to the Governing Body. [REG/2018/77].
4. On
22 November 2018, the Governing Body adopted the Statement of Proposal for
public notification. [GB/2018/188].
The proposal was then publicly notified for consultation from 3 December 2018
to 18 February 2019
5. The
Panel then deliberated on all of the feedback received through submissions and
at “Have Your Say” events during public deliberation meetings held on 4 April 2019, 29 May 2019, 31 May 2019 and 18 July 2019.
6. A
report back to the Governing Body from the Panel is included as Attachment A to
this report.
7. The
Panel deliberated on the five key principles of the Bylaw approach and endorse
these principles as proposed.
8. The
Panel also deliberated on 318 areas proposed as prohibited for freedom camping
and 107 areas proposed as restricted for freedom camping in the Statement of
Proposal. After considering all the public feedback, the Panel recommend 322
sites as prohibited and 103 sites as restricted for freedom camping in
vehicles.
9. The 103 areas which the Panel has
recommended as restricted areas for freedom camping include
of 82 areas that are held under the Reserves Act 1977.
10. Section
44(1) of the Reserves Act 1977 prohibits the use of a reserve for personal
accommodation unless an exception applies. An exception requires the Minister
of Conservation to grant consent. The Minister of Conservation has delegated
the power to consent to the use of a reserve for personal accommodation to the
council.
11. Before the
decision to adopt these as restricted areas through the bylaw can be made, the
Governing Body would first need to exercise this ministerial consent. A
separate report on “Ministerial consent for restricted freedom camping on
specified land held under the Reserves Act” is included in Attachment
B.
12. If the
Governing Body approve the use of the ministerial consent for these restricted
sites on reserves, then the proposed Freedom Camping in Vehicles Bylaw can be
considered for adoption.
13. This
report enables both of these matters to be considered concurrently.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
Ministerial Consent
a) agree
that it is appropriate in this case, in terms of the principles in section 17(2) of the Local Government (Auckland Council) Act 2009,
for the Governing Body to exercise the power delegated to the council by the
Minister of Conservation to consent to the use of specified reserves for
personal accommodation.
b) exercise the power, delegated to Council by the Minister, under
section 44(1) of the Reserves Act 1977 to consent to the use of the reserves
listed in Attachment A of the Reserves Act Report – Ministerial Consent
for temporary personal accommodation on the terms and conditions set out in
Attachment B of that report.
c) Note
(for the avoidance of doubt) that the granting of Ministerial consent in (a)
is subject to the adoption of a bylaw under the Freedom Camping Act 2011
which restricts the ability to freedom camp in the reserves listed in
Attachment A of the Reserves Act Report – Ministerial
Consent, subject to conditions in Attachment B.
Freedom Camping in Vehicles
d) approve
the Panel recommendations to amend the proposed Freedom Camping in Vehicles
Bylaw as recorded in Attachment D of the” Panel report on proposed
Freedom Camping in Vehicles Bylaw 2019” report
e) confirm
that it is satisfied the Bylaw is:
i) necessary
to protect the areas specified in the schedules of the Bylaw and/or protect
the health and safety of people who may visit the areas and/or to protect
access to the areas
ii) the
most appropriate and proportionate way of addressing the perceived problem in
relation to the areas specified
iii) not inconsistent with the New Zealand Bill of Rights Act 1990.
f) adopt
the Freedom Camping in Vehicles Bylaw in Attachment D of the ” Panel
report on proposed Freedom Camping in Vehicles Bylaw 2019” report
with parts 2 to 4 of the Bylaw coming into effect on 1 November 2020 and the
rest coming into effect on 1 November 2019.
g) Not
revoke the legacy bylaw provisions about freedom camping in Attachment C of
the ” Panel report on proposed Freedom Camping in Vehicles Bylaw
2019” at this time, but note that they will lapse on 31 October 2020 as
per Governing Body resolution GB/2015/112.
h) approve
the distribution of the ”Panel report on proposed Freedom Camping in
Vehicles Bylaw 2019” and attachments to local boards and advisory
panels for their information.
i) approve
the full list of individual non-scheduled areas identified
in Attachment E of “Panel report on proposed Freedom Camping in
Vehicles Bylaw 2019” report to be forwarded to local boards.
j) delegate
authority to a manager responsible for bylaws to make any amendments to the
Bylaw in Attachment D of the ” Panel report on proposed Freedom Camping
in Vehicles Bylaw 2019” to correct errors or omissions.
k) direct
staff through the Chief Executive to develop, for adoption by the Governing
Body a Statement of Proposal for public consultation on:
- the additional non-scheduled individual areas raised through
submissions listed in Attachment E of ” Panel report on proposed
Freedom Camping in Vehicles Bylaw 2019” report and
- options for inclusion of a “general rule”.
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Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩ 
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Hearings Panel Report
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13
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b⇩
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Reserves Act Report - Ministerial Consent
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205
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Ngā kaihaina
Signatories
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Author
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Michael Sinclair - Manager Social Policy and Bylaws
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Authorisers
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Kataraina Maki – General Manager - Community
& Social Policy
Stephen Town - Chief Executive
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Governing Body
22 August 2019
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Governing Body
22 August 2019
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Governing Body
22 August 2019
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Chair's Report on Freedom Camping in
Vehicles Bylaw
File No.: CP2019/15155
Te take mō te
pūrongo
Purpose of the report
1. To
request advice on the potential elements of a new Statement of Proposal for a
Freedom Camping in Vehicles Bylaw.
Whakarāpopototanga matua
Executive summary
2. This
report is for Governing Body to formally consider the Chair’s
recommendations for a new statement of proposal on a Freedom Camping in
Vehicles Bylaw.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) receive
the Freedom Camping Hearings Panel recommendations
b) defer
any decision on a Freedom Camping in Vehicles bylaw pending
advice from officers on the content of a new Statement of Proposal for a
bylaw, and further information on a possible review of the Freedom Camping
Act 2011
c) agree
to alter part of previous resolution GB/2015/112 passed at the Governing Body
meeting on 29 October 2015
from:
“a) confirm
the following legacy bylaws, or residual parts, in accordance with section
63(3) of the Local Government (Auckland Transitional Provisions) Act 2010
until 31 October 2020, at which time these bylaws, or residual parts, will be
automatically revoked ….”
to:
“a) confirm
the legacy bylaws in i., or residual parts, in accordance with section 63(3)
of the Local Government (Auckland Transitional Provisions) Act 2010, until a
new bylaw made under the Freedom Camping Act 2011 comes into force at which
time these bylaws or residual parts will be automatically revoked; and
confirm the legacy bylaws in subparagraphs ii. to v. or residual parts, in
accordance with section 63(3) of the Local Government (Auckland Transitional
Provisions) Act 2010 until 31 October 2020, at which time these bylaws, or
residual parts, will be automatically revoked…”
d) direct
officers to provide the Regulatory Committee (or its equivalent) and
Governing Body with advice on the following potential elements of a future
Statement of Proposal:
i) proposed
prohibitions in the following areas:
A) all
areas the Freedom Camping Hearings Panel recommended should
be prohibited
B) the 61 sites proposed in public submissions for inclusion as
prohibited areas, which were not specified in the original Statement of
Proposal but are identified in Attachment E of the Hearings Panel Report
C) all
Reserves in residential areas that are Reserves held under the Reserves Act
1977
ii) restricted
freedom camping in the seven sites proposed in public
submissions for inclusion as restricted freedom camping areas, which were not specified in the original
Statement of Proposal but are identified in Attachment E of the Hearings
Panel Report
iii) restricted or prohibited freedom camping in two sites proposed in
public submissions, which were not specified in the original Statement of
Proposal but are identified in Attachment E of the Hearings Panel Report
iv) a
General Rule that regulates freedom camping outside restricted and prohibited
areas not listed in the proposed bylaw, which includes provision for:
A) a
prohibition of all freedom camping in vehicles parked directly outside
residential homes (unless the resident has granted permission for the vehicle
to be parked outside their home)
B) a
prohibition of all freedom camping in vehicles parked directly outside commercial
premises, educational facilities, healthcare facilities, playgrounds, and
swimming pools
C) a
maximum number of nights stay at any specific site
D) the
same enforcement approach in relation to homelessness as set out in the
original Statement of Proposal, which aims to offer compassionate support for
people with social needs
v) any other specific
proposal for possible inclusion in a Statement of Proposal that is
communicated to the Chief Executive by a councillor or Local Board before 30
September 2019
e) note
that following decisions on the advice on the matters in recommendation d)
above, council officers will be directed to develop a new Statement of
Proposal for the Freedom Camping in Vehicles Bylaw for consideration by the
Regulatory Committee (or its equivalent) and the Governing Body, following
consultation with Local Boards
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Chair’s Report on Freedom Camping in Vehicles Bylaw
3. The process to develop a freedom camping bylaw under the Freedom
Camping Act (the “Act”) 2011 began two years ago.
4. The development of the proposed bylaw has proven to be a significant
burden for both officers and the Hearings Panel. The Act presumes freedom camping is permitted
unless it is restricted or
prohibited in an area in accordance with a bylaw made under section 11 of the
Act, or by other legislation. Accordingly, the
development of the statement of proposal required officers to assess hundreds of sites across the region. The
statement of proposal attracted more than 2,500 public submissions, and all of
them were analysed before being considered by the Panel.
5. Both the Hearings Panel and officers have
performed their roles with professionalism and dedication. They
faithfully executed the brief given to them by the Governing Body, and strictly
followed the requirements of the Act. I want to thank them for their
robust work. I also want to thank all the Local Boards who gave detailed
feedback on the statement of proposal.
6. During
the course of the proposal’s development our Local Boards, councillors
and members of public raised concerns about the proposed Freedom Camping in
Vehicles Bylaw. It is contentious within the Auckland community for
a number of reasons, including:
· concerns the proposed bylaw will be
significantly more permissive than the legacy bylaws that regulate freedom
camping in vehicles,
· the absence of any general rule or rules that
regulate freedom camping in non-prohibited areas,
· proposals that specific reserves
protected under the Reserves Act 1977 be made available for restricted freedom
camping
7. On 26 June the Chair of the Regulatory Committee and I wrote to the
Ministers of Tourism and Conservation to highlight our concerns with developing
the bylaw under the Act’s permissive framework. Councillors Cooper,
Hulse and I will be meeting with Hon Kelvin Davis on Friday 30 August to
discuss our experience with the Act, and canvass possible solutions. This
includes law reform as a durable solution.
8. I am hopeful Ministerial discussions will identify better
arrangements for addressing the legitimate needs of freedom campers.
Nevertheless, this may take some time to implement. In the meantime, we
need to develop a bylaw that will attract broad community support. This
entails directing officers to start preparations for the development of a new
statement of proposal.
Key elements of a new statement of
proposal
9. I recommend that the new statement of proposal should include the
following key elements:
· it should build on the deliberations of the Hearings Panel – the Panel recommended 322 areas to be designated as
prohibited sites after careful consideration of public and Local Board feedback
and staff advice. This list of prohibited sites should be starting point
for the new statement of proposal
· it should include, where warranted, new sites identified through
public consultation - Submitters to the public
consultation identified 70 additional sites for possible inclusion in the
bylaw. Of the 70 sites, 61 were proposed for inclusion as prohibited, seven as
restricted, and two as either restricted or prohibited. I would like
officers to advise us on which of these 70 sites have grounds for inclusion in
the new statement of proposal so we can receive public feedback on them.
· It should take a conservative approach to the inclusion of reserves
held under the Reserves Act 1977 – the current proposal recommended that 82 reserves held under the
Reserves Act 1977 be made available as restricted freedom camping sites.
This was driven by pragmatic considerations about which areas across the region
have dedicated parking and other utilities that readily facilitates freedom
camping. The feedback on the consultation, however, indicates there is
strong concern about the public’s access to reserves, especially in
residential areas. I therefore recommend that all reserves in residential
areas should continue to be prohibited for freedom camping. Reserves
outside of residential areas may still be considered for inclusion in the
statement of proposal, on a case by case basis.
· it should include a ‘general rule’ that regulates
freedom camping in all areas that are not prohibited or restricted freedom
camping sites – a key weakness of the
current proposal is that freedom camping is unregulated in all areas not
designated prohibited or restricted camping sites. Auckland needs rules
that adequately protects businesses, residences and community facilities from
people freedom camping directly outside them. I recommend that staff provide
advice to council on a general rule that includes prohibitions on freedom
camping directly outside homes, commercial premises, educational facilities,
healthcare facilities, playgrounds and swimming pools.
· it should include, where warranted, new sites identified by
councillors or Local Boards - during councillor
workshops on the proposed bylaw it was noted there may be yet-to-be-identified
sites that could be strong candidates for inclusion as prohibited or restricted
sites in the statement of proposal. I would like to invite councillors
and Local Boards to nominate any potential sites, to enable officers to advise
us on whether they should be included in the statement of proposal.
Compassion for the homeless
10. The homeless
should not be adversely affected by a freedom camping bylaw. The original
statement of proposal offers compassionate support for people with social
needs, in line with the general council approach. The same enforcement approach
in relation to homelessness as set out in the original statement of proposal
must be included in a new statement of proposal.
Freedom camping provisions in the legacy
Public Places bylaws
11. In October
2015, Governing Body resolved that the provisions relating to freedom camping
in the legacy Public Places bylaws would be automatically revoked on 31 October
2020 (GB/2015/112 refers).
12. Under
standing orders (SO 1.9.5), the Governing Body may, on a recommendation in a
report by the chairperson, revoke or alter all or part of a resolution passed
by a previous meeting.
13. I propose to
amend GB/2015/1132 so the provisions relating to freedom camping in the legacy
Public Places bylaws remain in force until a new bylaw made under the Freedom Camping
Act 2011 comes into force. This will ensure officers can prepare a new
statement of proposal, and undertake public consultation, without the undue
pressure of trying to implement a bylaw by 31 October 20221. It should be
noted, however, that the legacy bylaw provisions are still subject to the
statutory review timeframe that applies under the Local Government Act.
The implication is that even if the Governing Body amends GB/2015/122, as
recommended, the legacy bylaws will expire. This could be potentially as
early as October 2022.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Hon Phil Goff, Mayor of Auckland
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Governing Body
22 August 2019
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Panel report on proposed new Waste
Management and Minimisation Bylaw 2019
File No.: CP2019/15066
Te take mō te
pūrongo
Purpose of the report
1. To
adopt the new Waste Management and Minimisation Bylaw 2019 and amend the
Trading and Events in Public Places Bylaw 2015.
Whakarāpopototanga matua
Executive summary
2. To
enable a decision on whether to adopt a proposal to make a new waste bylaw and
amend the current trading and events bylaw, an appointed Panel has deliberated
and made recommendations on public feedback and local board input.
3. The
proposal seeks to manage and minimise waste, protect the public from health and
safety risks and nuisance and to manage the use of council-controlled public
places. Governing Body adopted the proposal for public consultation on 02
May 2019. At the close of public feedback on 16 June 2019, council had received
feedback from 529 people and organisations.
4. The
Panel recommends the Governing Body adopt the proposal with changes in response
to matters raised (Attachments A and B), including to:
· allow
composting on any premises where it is a permitted activity in the Auckland
Unitary Plan, without requiring a bylaw approval
· allow
for burial of dead nuisance pests found adjacent to a person’s property
· better
connect Bylaw purpose to the conditions council may impose on approvals
· clarify
terminology and related information notes to better inform the public.
5. Taking
this approach will make bylaws which regulate waste more certain and better
manage and minimise waste, protect the public from health and safety risks and
nuisance, and manage the use of council-controlled public places.
6. There
is a reputational risk that some people or organisations may not feel council
has listened to their concerns. This can be mitigated by communicating the reasons
for the decisions to those who gave written feedback.
7. If
adopted, staff will publicly notify the decision, publish the new and updated
bylaws when they come into force on 25 October 2019 and implement any
operational changes.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) approve
the Panel recommendations on the proposed new Waste Management and
Minimisation Bylaw 2019 and changes to the Trading and Events in Public
Places Bylaw 2015 in Attachment A and Attachment B of this report
b) confirm
that a bylaw is the most appropriate way to manage and minimise waste,
protect the public from health and safety risks and nuisance, and to manage
the use of council-controlled public places
c) approve
that the Waste Management and Minimisation Bylaw 2019 and changes to the
Trading and Events in Public Places Bylaw 2015:
i) are
the most appropriate form of bylaws
ii) are
not inconsistent with the New Zealand Bill of Rights Act 1990
iii) are
not inconsistent with the Auckland
Waste Management and Minimisation Plan
2018
d) adopt
the new Waste Management and Minimisation Bylaw 2019 in Attachment C of the
agenda report with effect from 25 October 2019
e) adopt
the amended Trading and Events in Public Places Bylaw 2015 in Attachment C of
the agenda report with effect from 25 October 2019
f) approve
the distribution of this report and associated minutes to local boards and
advisory panels for their information
g) delegate
authority through the Chief Executive to a manager responsible for bylaws to
make any amendments to the bylaws in Attachment C of the agenda report to
correct errors or omissions.
|
Horopaki
Context
8. Te
Ture Ā Rohe Para Māro 2012, Auckland Council Solid Waste Bylaw 2012
aims to manage and minimise waste, protect the public from health and safety
risks and nuisance, and to manage the use of council-controlled public places.
9. On
11 April 2019 the Regulatory Committee appointed a Panel[1] to deliberate and make
recommendations to the Governing Body on public feedback (REG/2019/21) to:
· the
proposed new Waste Management and Minimisation Bylaw 2019
· amendments
to the Trading and Events in Public Places Bylaw 2015.
10. The proposal
was adopted by the Governing Body on 02 May 2019 for public feedback
(GB/2019/34).
11. The proposal seeks
to manage and minimise waste, protect the public from health and safety risks
and nuisance, and manage the use of council-controlled public places to:
· help
achieve Te Mahere Whakahaere me te Whakaiti Tukunga Para i Tāmaki Makaurau
2018, Auckland Waste Management and Minimisation Plan 2018 (Waste Plan 2018)
goal of reducing harm from residual waste
· apply
a consistent approach to council regulation and the use of council-controlled
public places
· ensure
a focus on waste minimisation at residential developments that cannot use
kerbside waste collection services
· ensure
better alignment between the proposed bylaw and existing shopping trolley and
unaddressed mail industry accords
· clarify
how council makes controls and gives approvals.
12. The proposal
was notified for public feedback from 10 May to 16 June 2019. People were able
to provide feedback online, by post, or in person at Have Your Say or
stakeholder events. At the close of public feedback, council had received
feedback from 529 people and organisations.
13. The Panel
deliberated on the public feedback to the proposal at a public meeting on 02
August 2019.
14. More
information about the proposal, public notification and feedback can be viewed
on council’s have
your say and hearings
webpages.
Tātaritanga me ngā
tohutohu
Analysis and advice
15. The Panel
structured its deliberations and recommendations on the public feedback by topic.
Table 1 contains a summary of the key Panel recommendations.
16. The full
Panel recommendations are in Attachment A. This includes changes to the
proposal to clarify some clauses and related information for improved
understanding.
Table 1: Summary of key Panel
recommendations
|
Topic
|
Summary of key Panel
recommendations
|
|
Where and how a person
must dispose of material.
|
Amend proposal terminology
for future clarity.
|
|
Composting and burial
of material.
|
Amend proposal to allow composting where it is a permitted
activity in the Auckland Unitary Plan and to allow the burial of dead
nuisance pests found adjacent to a person’s property.
|
|
Storage and collection
areas of disposed of material at any premises.
|
Amend proposal terminology to
recognise limitations of existing buildings or site layouts.
|
|
Controls about
management and minimisation of disposed of or discarded material.
|
Adopt proposal as publicly notified to provide
flexibility for innovation and changes in the waste industry whilst also
upholding council’s responsibilities under the Local Government Act and
the Waste Minimisation Act.
|
|
Approvals by council of
waste collectors and operators of waste management and resource recovery
facilities and donation collection bins.
|
Amend proposal to allow composting where it is a
permitted activity in the Auckland Unitary Plan without requiring a bylaw
approval.
|
|
Align cleanfill
definition with the Auckland Unitary Plan.
|
Amend proposal to ensure consistency between cleanfill definition and the
related information note.
|
|
Waste management and
minimisation plans for trading, events and filming in council-controlled
public places and certain multi-unit developments.
|
Adopt proposal as publicly notified to apply consistent
approach to the use of council-controlled public places and improve waste
minimisation at multi-unit developments that cannot use kerbside waste
collection services.
|
|
Minimise the potential
for shopping trolleys and unaddressed mail to become waste.
|
Adopt proposal as publicly notified for clarity and to
better manage and minimise waste and protect the public from health and
safety risks and nuisance.
|
|
Approval applications
and conditions.
|
Amend proposal for clarity to connect the imposition of
conditions to the purpose of the Bylaw.
|
|
Enforcement actions,
offences and penalties, and transitional provisions.
|
Adopt proposal as publicly notified for clarity and to
ensure that existing or unresolved matters continue to be addressed when the current
Solid Waste Bylaw 2012 expires in October 2019.
|
17. Where Panel
recommendations in Attachment A result in changes to the proposal, the
recommended changes are shown in a comparison table in Attachment B.
18. The Panel
recommends that the Governing Body adopt the new waste bylaw and amended
trading and events bylaw in Attachment C by making the necessary statutory
determinations. The bylaws in Attachment C incorporate the changes recommended
in Attachments A and B. Taking this approach will make bylaws which regulate
waste more certain and better manage and minimise waste, protect the public
from health and safety risks and nuisance, and manage the use of
council-controlled public places.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
19. Council’s
Waste Solutions Unit and Arts, Community and Events Unit (ACE) are aware of the
impacts of the new waste bylaw and amended trading and events bylaw and their
implementation role.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
20. The issues
addressed in the proposal have an impact across the Auckland region.
21. All local
boards were provided opportunities to input into the decision making-process in
writing or in person at a local board session with the Panel.
22. Five local
boards provided written feedback on the proposal and seven local boards
attended a session with the Panel.
23. Most local
boards who provided input were largely supportive of the proposal except for
the restrictions on composting activities. The recommended changes to the
proposal address these concerns by allowing composting activities where they
are a permitted activity in the Auckland Unitary Plan.
Tauākī whakaaweawe
Māori
Māori impact statement
24. The
proposal has significance for Māori as kaitiakitanga of
Papatūānuku. Mana whenua and mataawaka were notified of the proposal
and given the opportunity to provide feedback online or in person at Have Your
Say events. Six per cent of feedback received was from individuals identifying
as Māori (29 people).
25. The proposal
addresses Māori concerns by making the rules clearer and by allowing
composting activities as specified in the Auckland Unitary Plan. Other concerns
raised relate to the need for better alignment with Te Ao Māori and a
greater focus on product stewardship, education and community-focused
programmes. These concerns are addressed in the Waste Plan 2018 by using
methods other than a bylaw.
Ngā ritenga
ā-pūtea
Financial implications
26. Public
notification and implementation costs will be met within existing budgets.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
27. There is a
reputational risk that some people or organisations who provided feedback may
not feel council has listened to their concerns. This can be mitigated by staff
communicating the reasons for the decisions to those who gave written feedback.
Ngā koringa ā-muri
Next steps
28. If adopted,
staff will notify both the general public and people who gave feedback on the
proposal about the decision, and will publish the new waste bylaw and amended
trading and events bylaw after they come into force on 25 October 2019.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩ 
|
Deliberations Table
|
295
|
|
b⇩
|
Comparison of proposed and Panel recommended changes.
|
309
|
|
c⇩ 
|
Waste Management and Minimisation Bylaw 2019 and
amended Trading and Events in Public Places Bylaw 2015.
|
315
|
Ngā kaihaina
Signatories
|
Authors
|
Councillor
Linda Cooper, Hearings Panel Chair
Councillor
Penny Hulse
Councillor
Wayne Walker
IMSB Member
Glenn Wilcox
|
|
Governing Body
22 August 2019
|
|
|
Governing Body
22 August 2019
|
|
|
Governing Body
22 August 2019
|
|
|
Governing Body
22 August 2019
|
|
Code of Conduct - Conduct Review
Independent Panel
File No.: CP2019/14604
Te take mō te
pūrongo
Purpose of the report
1. To
appoint the principal convenor of the Conduct Review Independent Panel.
Whakarāpopototanga matua
Executive summary
2. The
Auckland Council Elected Member Code of Conduct sets out expectations of
conduct and contains a process for dealing with complaints. When a complaint is
made the initial focus is on resolving the complaint. If it cannot be
resolved it is referred to a convenor of the Conduct Review Independent Panel,
who may decide to refer the complaint to mediation or to a panel of three
members for investigation and recommendation.
3. The
role of principal convenor includes chairing a panel, providing advice to the
chief executive when the chief executive is assessing whether a complaint from
a member of the public constitutes a breach of the code and generally liaising
with staff over the processing of complaints that are to be escalated to the
convenor. Chairing a panel includes ensuring due process and taking
responsibility for leading the compilation of the formal report and
recommendations of the panel.
4. The
report, to be considered with the public excluded, recommends the appointment
of a new principal convenor following the retirement of the current one.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the content of this report and that a more detailed report is provided in the
section with the public excluded.
|
Horopaki
Context
5. The
Auckland Council Code of Conduct sets out expectations of conduct for elected
embers and contains a process for dealing with complaints. When a complaint is
made the initial focus is on resolving the complaint. If it cannot be
resolved it is referred to a convenor of the Conduct Review Independent Panel,
who may decide to refer the complaint to mediation or to a panel of three
members for investigation and recommendation.
6. The
role of principal convenor includes chairing a panel, providing advice to the
chief executive when the chief executive is assessing whether a complaint from
a member of the public constitutes a breach of the code and generally liaising
with staff over the processing of complaints that are to be escalated to the
convenor. Chairing a panel includes ensuring due process and taking
responsibility for leading the compilation of the formal report and
recommendations of the panel.
Tātaritanga me ngā
tohutohu
Analysis and advice
7. In
2012 the Governing Body approved Sir Ian Barker to be the convenor of the panel,
and when he was not available, Derek Firth QC or Judge Coral Shaw. Sir
Ian Barker retired from the panel in May 2018.
8. The
report in the section with the public excluded recommends a replacement for Sir
Ian Barker.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
9. The
Code of Conduct applies to members of the Governing Body and Local Boards. It
does not apply to other parts of the council group. It does allow for a
chief executive of a council-controlled organisation to raise a complaint
against an elected member on behalf of staff through the council’s chief
executive.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
10. The Code of
Conduct applies to local boards. Local Board Services have been consulted
on this report.
Tauākī whakaaweawe
Māori
Māori impact statement
11. This
appointment relates to internal processes and does not affect the wider Māori
community.
Ngā ritenga
ā-pūtea
Financial implications
12. There are no
financial implications in making the appointment. Convenors and members
of the panel are paid an agreed rate that is discounted from professional rates
in recognition of the public service aspect of the role.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
13. The purpose
for presenting this report is to mitigate a risk that the panel will need to be
convened and a convenor is not available.
Ngā koringa ā-muri
Next steps
14. Following
approval by the Governing Body, staff will work with the principal convenor
with the aim of proposing additional persons to be added to the list of those
available to form a panel.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
|
Warwick McNaughton - Principal Advisor - Democracy
Services
|
|
Authorisers
|
Marguerite Delbet - General Manager Democracy Services
Phil Wilson - Governance Director
Stephen Town - Chief Executive
|
|
Governing Body
22 August 2019
|
|
Summary of Governing Body information
memoranda and briefings - 22 August 2019 including the Forward Work Programme
File No.: CP2019/13369
Te take mō te
pūrongo
Purpose of the report
1. To
note the progress on the forward work programme appended as Attachment A.
2. To
receive a summary and provide a public record of memoranda or briefing papers
that may have been distributed to Governing Body members.
Whakarāpopototanga matua
Executive summary
3. This
is a regular information-only report which aims to provide greater visibility
of information circulated to Governing Body members via memoranda/briefings or
other means, where no decisions are required.
4. The
following memos were circulated to members:
|
Date
|
Subject
|
|
8/8/19
|
Mayoral Housing Taskforce
2017-2019 – Final Report
|
5. The
following workshops/briefings have taken place:
|
Date
|
Workshop/Briefing
|
|
30/7/19
|
Freedom Camping
Workshop CONFIDENTIAL
|
|
15/8/19
|
Freedom Camping
Workshop CONFIDENTIAL
|
6. This
document can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/
o at the top left of the
page, select meeting/Te hui “Governing Body” from the drop-down tab
and click “View”;
o under
‘Attachments’, select either the HTML or PDF version of the
document entitled ‘Extra Attachments’.
7. Note
that, unlike an agenda report, staff will not be present to answer
questions about the items referred to in this summary. Governing
Body members should direct any questions to the authors.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the progress on the forward work programme appended as Attachment A of the
agenda report
b) receive
the Summary of Governing Body information memoranda and briefings – 22
August 2019.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Forward Work Programme
|
349
|
|
b⇩ 
|
Memo - Mayoral Housing Taskforce 2017-2019 –
Final Report
|
359
|
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Team Leader Governance Advisors
|
|
Authoriser
|
Stephen Town - Chief Executive
|
|
Governing Body
22 August 2019
|
|
|
TIRA KĀWANA /
GOVERNING BODY FORWARD WORK PROGRAMME 2016 – 2019 TERM
The Governing Body
deals with strategy and policy decision-making that relates to the
environmental, social, economic and cultural activities of Auckland as well
as matters that are not the responsibility of another committee
|
|
The Mayor may require any
matter that would otherwise be reported to a committee, to be reported to the
Governing Body. If that matter is already on a published agenda for a
committee meeting, that meeting will not consider that matter unless invited
by the mayor to make a recommendation to the Governing Body.
|
|
Lead
|
Area of work
|
Reason for work
|
Governing Body role
(decision or direction)
|
Budget/ Funding
|
Expected timeframes
Highlight financial year quarter and state month if
known
|
|
FY18/19
|
FY19/20
|
|
Apr-Jun
2 May
30 May
27 Jun
|
Jul-Sep
25 Jul
22 Aug
26 Sep
|
Oct-Dec
Nov
Dec
|
Jan-Mar
Feb
Mar
|
|
Chief Operating Office
|
Americas Cup 2021
|
Location, infrastructure and funding
|
Approve preferred location
Agree strategy for progressing resource consent
applications
Progress to Date:
Report considered 14/12/17 and approval of
Wynyard Basin option GB/2017/172 and agreed single hearing process
through direct referral
Report and revised decision and approval of
Wynyard Hobson proposal 29/3/18 GB/2018/63
Workshop – 6/12/18
Report and decision on additional funding
6/12/18 GB/2018/199
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
|
Chief Executive’s Performance Objectives
|
The Appointments, Performance Review and Value for
Money Committee has the delegation to set performance objectives.
The Governing Body must then consider the
recommendations and make a decision.
|
Approve performance objectives.
Progress to Date:
Recommendations considered 22/11/18 in
confidential, open decision GB/2018/193
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
|
City Rail Link
|
Construction of the City Rail Link in the central city
|
Approve City Rail Link Heads of Agreement
Approve matters association with City Rail Link
Note any matters raised by the Audit and Risk
Committee about the project
Progress to Date:
Heads of Agreement approved 14/9/16
Conf
Appoint chair of City Rail Link
15/12/16 Conf
Note sponsors agreement and
establishment of new entity City Rail Link Limited 29/6/17 Conf
Report confirming role of Audit and Risk
Committee 25/10/18 GB/2018/175
Report on funding commitment 2/5/19 GB/2019/33
Conf Report Shareholder approval of
major transaction 27/6/19 Decision only released GB/2019/64
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Chief Financial Office
|
Annual Report
|
Statutory requirement
|
Adopt Annual Report
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Governance
|
Review of Code of Conduct
|
The experience of working with the current Code of
Conduct indicates that it could be further improved. In particular, it could
be clearer about complaint, investigation and resolution processes, as well
as available sanctions
|
Adopt new Elected Members Code of Conduct
Progress to Date:
Initial report was considered 22/2/18
Approval 22/2/18 for review GB/2018/37
Workshop – 15/3/18
Workshop – 26/11/18
Report 13/12/18 and deferral GB/2018/209 to new political term
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Mayoral Office
Governance
|
Terms of Reference
|
The Terms of Reference enables the governing Body to
delegate to committees those power necessary for them to carry out their
responsibilities to the most efficient and effective levels.
Any changes to the Terms of Reference must be done by
the Governing Body.
|
Adopt the Terms of Reference
Adopt changes to Terms of Reference
Progress to Date:
Amend due of disestablishment of ACIL and two
committee amendments 26/7/18 GB/2018/115
Amend to add Cr Paul Young to Committee’s
22/11/18 GB/2018/190
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Governance
|
Standing Orders
|
Statutory requirement under
the Local Government Act 2002, Schedule 7, clause 27
Originally adopted 16/12/2010
|
Amend standing orders
Progress
to Date:
Report to amend 2/5/19 GB/2019/37
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Governance
|
Accountability Review of council-controlled
organisations
|
The accountability review are
to increase the accountability and value for money of CCOs by:
• increasing
the transparency of CCO decision-making
• increasing
the responsiveness of CCOs to the public and council
• improving
the recognition of ratepayer funding for CCO activity
• increasing
the ability to align CCOs to the direction set by the council.
Reporting
on a quarterly basis
|
Approve objectives as basis of review
Approve scope and timing
Progress to Date:
Approve objectives, scope and timing 23/2/17 GB/2017/17
Memorandum 9/4/18 to councillors with an update
|
Within timelines and budgets
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Co-governance
|
Tūpuna Maunga o Tāmaki Makaurau Operations
Plan
|
Section 60 of
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna
Maunga Authority) and Auckland Council to annually agree an operational plan
as part of the annual or long-term plan process.
This requires
the council to consult on a summary of the Draft Tūpuna Maunga o
Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan).
The
Governing Body is also required to adopt the final plan.
|
Adopt Operational Plan and summary
Progress to Date:
Report to approve draft 13/12/18 GB/2018/204
Report as part of the Annual Budget 20/6/19 GB/2019/55
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
People and Performance
|
Health, Safety and Wellbeing
|
The
Governing Body has the role of the person or organisation conducting a
business or undertaking.
|
Receive the quarterly Health, Safety and Wellbeing Report
Progress to Date:
August 2018 report received GB/2018/147
December 2018 report received GB/2018/203
February 2019 report received GB/2019/15
May 2019 report received GB/2019/74
|
|
Q4
Jun
|
Q1
|
Q2
|
Q3
|
|
Social Policy and Bylaws
|
Dog management Bylaw and Policy on Dogs
|
Legislative requirement to review the bylaw and policy
after five years.
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
Progress to Date:
Report to Approve the statement of proposal
28/2/19 GB/2019/15
Hearings Panel Report 25/7/19 and adopt amended
policy and bylaw GB/2019/71
|
Within current baselines.
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Social Policy and Bylaws
|
Solid Waste Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
Progress
to Date:
Report to Approve the
statement of proposal 2/5/19 GB/2019/34
|
Within current baselines.
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Social Policy and Bylaws
|
Signage Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
Within current baselines.
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Social Policy and Bylaws
|
Alcohol Control Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
Within current baselines.
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Social Policy and Bylaws
|
Cemeteries and Crematoria Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
Within current baselines.
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Social Policy and Bylaws
|
Freedom Camping
|
Explore the need for and options for regulating freedom
camping in Auckland
Regulatory response may be
required following completion of research and pilot
|
If regulatory response required:
Approve statement of proposal
Make the bylaw
Progress to Date:
Approve the statement of proposal 22/11/18 GB/2018/188
|
Review is within current
baselines.
Funding proposals will be
required for any recommendations that require capital or operational
upgrades.
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Mayoral Office
|
Mayoral Housing Taskforce Steering Group
|
Oversee the progress and implementation of the June
2017 Mayoral Housing Taskforce report.
|
Setup, agree and approve membership of group
Receive six-monthly updates
Progress to Date:
Taskforce setup 27/7/17 GB/2017/79
Memorandum 9/4/18 to councillors updating
progress
Progress report 25/10/18 GB/2018/172
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Governance
|
Auckland Council Top Risk Register
|
The Audit and Risk Committee will refer the risk
register to the Governing Body every quarter.
|
Note the top risk register and risk heat map
Receive quarterly reports
Progress to Date:
September 2018 report 25/10/18 GB/2018/173
February 2019 report 28/2/19 GB/2019/9
July 2019 report 25/7/19 GB/2019/73
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Governance
|
Te Tiriti o Waitangi / Treaty of Waitangi
|
The Crown negotiates settlements with iwi on a
confidential basis and from time to time invites Council to express its
views.
The Te Tiriti o Waitangi / Treaty of Waitangi
Settlement Working party is accountable to the Governing Body and reports its
findings to the Governing Body.
|
Approve submissions to the Crown as and when
required
Approve establishment and on-going
implementation of co-management and other governance arrangements
|
|
Q4
|
Q1
|
Q2
|
Q3
|
|
Finance
|
Value for Money Reviews (s17A)
|
Required under section 17A of the Local Government Act
2002
|
Approve terms of reference for reviews
Progress to Date:
Information, Communication and
Technology and Customer Services Report 24/5/18 decision GB/2018/84
Group Procurement Report 27/6/18 decision GB/2018/98
Group Financial Services Report 27/9/18 decision GB/2018/146
Legal and Risk Management Report 22/11/18 decision GB/2018/189
Human Resource Management Services Report 28/3/19 decision GB/2019/21
Customer Services Report 2/5/19 decision GB/2019/36
Finance Review Report 27/6/19 decision GB/2019/60
|
Within current baselines.
|
Q4
|
Q1
|
Q2
|
Q3
|
COMPLETED
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Lead
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Area of work
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Governing
Body role
(decision or direction)
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Detailed Decisions
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Governance
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2018 Local Government New Zealand Conference and
Annual General Meeting
|
Appoint presiding delegate to Annual General
Meeting
Appoint three other delegates to Annual General
Meeting
Approve councillors to attend conference
|
Report was considered 22/3/18
Approved the above GB/2018/47
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People and Performance
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Remuneration Policy
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Approve the change to the policy.
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Report considered 22/3/18
Approved 22/3/18 GB/2018/42
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Chief Planning Office
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Auckland Plan Refresh
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Approve refresh of Auckland Plan
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Various workshops throughout
2017/2018
Adopted summary information 21/2/18
GB/2018/25
Adopted
by Planning Committee 6/5/18 PLA/2018/62
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Chief Financial Office
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Long-term Plan 2018-2028
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Adopt consultation document and supporting
material
Adopt Long Term Plan and set rates
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Various workshops throughout
2017/2018
Adopted consultation document and
supporting material 21/2/18 GB/2018/24
Agree recommendation for adoption
31/5/18 GB/2018/91
Adoption report 28/6/18 GB/2018/108
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Chief Financial Office
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Regional Fuel Tax Proposal
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Approve a Regional Fuel Tax for Auckland
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Approved 31/5/18 GB/2018/90
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Governance
|
Advisory Panels
|
Approve appointments to advisory panels
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Initial appointments to demographic
panels 23/3/17 Conf
Appointments to the Youth Advisory
Panel 25/5/17 Conf
Replacement members appointed to
Youth Advisory Panel 22/3/18 Conf
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|
People and Performance
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Chief Executive’s Employment Review Process
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Approve performance objectives
Agree to the review of the chief executive
performance before 30 June 2018
Delegate the review if desired
Decision on chief executives contract
|
Objectives approved and released 23/11/17 GB/2017/153
Process approved 19/4/18 GB/2018/71
Re-appointment confirmed 27/6/18 GB/2018/103
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Governance
|
Independent Maori Statutory Board funding
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Approve 2018/2019 funding agreement
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Report received
27/6/18 and funding approved GB/2018/94
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Governance
|
Te Tiriti o Waitangi / Treaty of Waitangi
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Approve submissions to the Crown as and when
required
Approve establishment and on-going
implementation of co-management and other governance arrangements
|
Submission on Point England Development Enabling
Bill 23/2/17 GB/2017/8
Submission on Ngāti Tamaoho Claims
Settlements Bill 27/7/17 GB/2017/85
Report Upper Mangatangi-Mangarawhiri Catchments
Co-governance Arrangements 24/8/17 GB/2017/99
Submission on Ngāi Tai ki Tāmaki
Claims Settlement Bill 22/2/18 GB/2018/36
Open Report Te Akitai Waiohua – Treaty
Settlement Redress 19/4/18 GB/2018/69
Open Report Ngāti Paoa – Treaty
settlement redress 24/5/18 GB/2018/85
Open Report on Maungauika – transfer of
administration 27/6/18 GB/2018/97
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Chief Financial Office
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Annual Report
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Adopt Annual Report
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Adoption 27/9/18 GB/2018/153
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Mayoral Office
Governance
|
Terms of Reference
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Adopt the Terms of Reference
Adopt changes to Terms of Reference
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Initial adoption 1/11/16 GB/2016/237
Review report 14/12/17 GB/2017/177
Review after by-election 22/3/17 GB/2018/57
Amend Appointments, Performance Review and Value
for Money 19/4/19 GB/2018/71
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People and Performance
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Health, Safety and Wellbeing
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Receive the quarterly Health, Safety and
Wellbeing Report
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March 2018 report received GB/2018/55
June 2018 report received GB/2018/119
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Governance
|
Accountability Review of council-controlled
organisations
|
Approve objectives as basis of review
Approve scope and timing
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Approve objectives, scope and timing 23/2/17 GB/2017/17
Memorandum 9/4/18 to
councillors with an update
|
|
Governance
|
Representation Review
|
Approve the process for conducting the review
of representation arrangements
Approve final decision
|
Report and approval of process 14/12/17 GB/2017/175
Workshop – 16 October 2018
Recommendations report 18/10/18 and decision GB/2018/157-165
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|
Social Policy and Bylaws
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On-site Wastewater Bylaw
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
Approve the statement of proposal 26/7/18 GB/12018/121
Hearings
Panel report 25/10/18 and decision GB/2018/174
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Financial Strategy and Planning
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Contributions Policy
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Adopt policy
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Agree to consultation 30/4/18 GB/2018/79
Agree
extension until new policy in place 27/6/18 GB/2018/96
Workshop
– 15/10/18
Report for consultation 18/10/18 GB/2018/166
Stakeholder
Submissions Workshop – 23/11/18
Feedback
Session – 28/11/18
Workshops –
29/11/18 and 6/12/18
Report on feedback and adoption 13/12/18 GB/2018/206
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|
Social Policy and Bylaws
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Health and Hygiene Bylaw
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
Approve the statement of proposal 26/7/18 GB/2018/120
Hearings Panel Report and confirm the bylaw
22/11/18 GB/2018/187
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|
Social Policy and Bylaws
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Public Safety and Nuisance Bylaw Review
|
Approve statement of proposal. #
Make/Amend/Revoke
the
bylaw.
# public
notification is required for bylaw reviews even if no change to the bylaw is
recommended. Length of time required to draft the
statement of proposal will depend on the scope of amendments requested
following the review findings.
|
Report to Approve the statement of proposal
27/9/18 GB/2018/148
Panel report to approve bylaw 28/3/19 GB/2019/22
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|
Governance
|
2019 Local Government New Zealand Conference and
Annual General Meeting
|
Appoint presiding delegate to Annual General
Meeting
Appoint three other delegates to Annual General
Meeting
Approve councillors to attend conference
|
Report to appoint delegates and approve
attendance 28/3/19 GB/2019/25
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|
Governance
|
Advisory Panels
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Approve appointments to advisory panels
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Replacement members appointed to Youth Advisory Panel open process report 25/10/18 GB/2018/177 decision made in confidential
|
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Chief Financial Office
|
Annual Budget 2019/2020 (Annual Plan)
|
Adopt consultation document and supporting
material
Approve Annual Budget
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Public Consultation 13/12/18 GB/2018/205
Adoption of consultation material 13/2/19 GB/2019/2 & GB/2019/3
Decision-making meeting 22/5/19 GB/2019/40
Final adoption 20/6/19 GB/2019/56
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|
Governance
|
Independent Māori Statutory Board funding
|
Approve 2019/2020 funding agreement
|
Report on funding
2/5/19 and funding approval GB/2019/35
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|
Social Policy and Bylaws
|
Trade Waste Bylaw Review
|
Approve statement of proposal #
Make/Amend/Revoke
the
bylaw.
|
Report to Approve the
statement of proposal 28/3/19 GB/2019/23
Hearings Panel Report
25/7/19 and adopt amended bylaw and waste control GB/2019/72
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|
Governing Body
22 August 2019
|
|
|
Governing Body
22 August 2019
|
|
Exclusion of the Public: Local Government Official Information
and Meetings Act 1987
a) exclude
the public from the following part(s) of the proceedings of this meeting.
The general
subject of each matter to be considered while the public is excluded, the
reason for passing this resolution in relation to each matter, and the specific
grounds under section 48(1) of the Local Government Official Information and
Meetings Act 1987 for the passing of this resolution follows.
This resolution
is made in reliance on section 48(1)(a) of the Local Government Official
Information and Meetings Act 1987 and the particular interest or interests
protected by section 6 or section 7 of that Act which would be prejudiced by
the holding of the whole or relevant part of the proceedings of the meeting in
public, as follows:
C1 CONFIDENTIAL:
Code of Conduct - Conduct Review Independent Panel
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Reason for
passing this resolution in relation to each matter
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Particular
interest(s) protected (where applicable)
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Ground(s)
under section 48(1) for the passing of this resolution
|
|
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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s7(2)(a) -
The withholding of the information is necessary to protect the privacy of
natural persons, including that of a deceased person.
In
particular, the discussion about the appointment may result in the disclosure
of personal information for which there are good reasons for withholding.
|
s48(1)(a)
The public
conduct of the part of the meeting would be likely to result in the
disclosure of information for which good reason for withholding exists under
section 7.
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