I hereby give notice that the inaugural
meeting of the Albert-Eden Local Board will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Tuesday, 29
October 2019
6:30pm
Raye Freedman
Arts Centre
Silver Road, Newmarket
Auckland 1023
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Albert-Eden Local Board
OPEN AGENDA
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MEMBERSHIP
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Chairperson
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Deputy Chairperson
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Members
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Lee Corrick
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Graeme Easte
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Rachel Langton
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Ben Lee
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Julia Maskill
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Christina Robertson
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Kendyl Smith
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Margi Watson
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(Quorum 4 members)
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Michael Mendoza
Democracy Advisor
24 October 2019
Contact Telephone: (021) 809 149
Email:
Michael.Mendoza@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Albert-Eden
Local Board
29 October
2019
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ITEM TABLE OF CONTENTS PAGE
1 Mihi
Whakatau (Welcome) 5
2 Welcome
Address 5
3 Apologies 5
4 Declaration by Local Board Members 7
5 Election of
Chairperson 9
6 Declaration by
Chairperson 11
7 Address by
Chairperson 13
8 Election of
Deputy Chairperson 15
9 Mayor's Address 17
10 Explanation of laws
affecting elected members 19
11 First Business Meeting of
the Albert-Eden Local Board 29
12 Notice of Motion - Member
Langton - Chamberlain Park 31
The meeting will be chaired by Adam
Milina – Relationship Manager, Albert-Eden and Orakei Local Boards, on
behalf of the Chief Executive, for items 1, 2, 3, 4, 5, 6.
From item 7 onwards, the newly elected
Chairperson will chair the meeting.
Phil Wilson – Governance Director,
will administer the members’ declarations.
1 Mihi
Whakatau (Welcome)
Speech of welcome and prayer.
2 Welcome Address
Phil Wilson,
Governance Director, on behalf of the Chief Executive, will address the
meeting.
3 Apologies
At the close of the agenda no apologies had been received.
12 Notices of
Motion
Under Standing
Order 2.5.1 (Notices of Motion) and Standing Order 1.10.1 (revoke or alter a
previous resolution), a Notice of Motion has been received from Member Langton
and Member Lee for consideration under item 12.
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Albert-Eden
Local Board
29 October
2019
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Declaration
by Local Board Members
File No.: CP2019/18626
Te take mō te
pūrongo
Purpose of the report
1. Each
Local Board Member will make an oral declaration and sign a written declaration
in accordance with Schedule 7, Clause 14 of the Local Government Act 2002,
which will be attested by the Governance Director.
2. Phil Wilson – Governance Director, by way of Memorandum from
the Chief Executive, is authorised to administer the members’
declarations at this meeting in accordance with the provisions of the Local
Government Act 2002 (Schedule 7, clause 14(2)).
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Michael Mendoza - Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
|
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Election of Chairperson
File No.: CP2019/18627
Te take mō te
pūrongo
Purpose of the report
1. In accordance with Schedule 7, clause 21(5)(b) of
the Local Government Act 2002, the Relationship Manager, on behalf of
the Chief Executive, will call for nominations for the election of the
Chairperson of the Albert-Eden Local Board.
Whakarāpopototanga matua
Executive summary
2. The
Local Board must elect a member to this position at the first meeting following
a triennial general election of members. The election must be in accordance
with Schedule 7, clause 25 of the Act. Note that no member has a casting vote.
3. The
Local Board will need to determine (by resolution) what method they will apply
to elect the chairperson – System A or System B.
Schedule 7, Part 1, Clause 25 of the Local Government Act
2002 states that:
25 Voting systems for certain appointments
(1)
This clause applies to -
(a)
the election or appointment of the chairperson and
deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c)
the election or appointment of the chairperson and
deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local
authority.
(2)
If this clause applies, a local authority or a
committee (if the local authority has so directed) must determine by resolution
that a person be elected or appointed by using one of the following systems of
voting:
(a) the voting system in subclause (3) (system
A):
(b) the voting system in subclause (4) (system
B).
(3)
System A -
(a)
requires that a person is elected or appointed if he or
she receives the votes of a majority of the members of the local authority or
committee present and voting; and
(b)
has the following characteristics:
(i)
there is a first round of voting for all candidates;
and
(ii) if no candidate is successful in that round there is a second round
of voting from which the candidate with the fewest votes in the first round is
excluded; and
(iii)
if no candidate is successful in the second round there
is a third, and if necessary subsequent, round of voting from which, each time,
the candidate with the fewest votes in the previous round is excluded; and
(iv)
in any round of voting, if 2 or more candidates tie for
the lowest number of votes, the person excluded from the next round is resolved
by lot.
(4)
System B -
(a)
requires that a person is elected or
appointed if he or she receives more votes than any other candidate; and
(b)
has the following characteristics:
(i)
there is only 1 round of voting; and
(ii)
if 2 or more candidates tie for the most votes, the tie
is resolved by lot.
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Ngā tūtohunga
Recommendation/s
That the Albert-Eden Local
Board:
a) elect
a Chairperson for the 2019 - 2022 political term, utilising either System A
or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act
2002.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Michael Mendoza - Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
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Declaration by Chairperson
File No.: CP2019/18628
Te take mō te
pūrongo
Purpose of the report
1. The
Chairperson will make an oral declaration and sign a written declaration, which
will be attested by the Governance Director.
2. Phil
Wilson – Governance Director, by way of Memorandum from the Chief Executive, is
authorised to administer the Chairperson’s declarations at this meeting
in accordance with the provisions of the Local Government Act 2002 (Schedule 7,
clause 14).
3. The
Chairperson will assume the chair for the remainder of the meeting.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Michael Mendoza - Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
|
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Address by Chairperson
File No.: CP2019/18629
Te take mō te
pūrongo
Purpose of the report
1. The
newly elected Chairperson will address the Albert-Eden Local Board.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Michael Mendoza - Democracy Advisor
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Authorisers
|
Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
|
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Election of Deputy Chairperson
File No.: CP2019/18630
Te take mō te
pūrongo
Purpose of the report
1. In
accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002,
the Chairperson will call for nominations for the Deputy Chairperson of the
Albert-Eden Local Board.
Whakarāpopototanga matua
Executive summary
2. The
Local Board must elect a member to the Deputy Chairperson position in
accordance with Schedule 7, clause 25 of the Act.
3. The
Local Board will also need to determine (by resolution) what method they will
apply to elect the Deputy Chairperson.
Schedule 7, Part 1, Clause 25 of the Local
Government Act 2002 stipulates that:
25 Voting systems for certain appointments
(1)
This clause applies to -
(a)
the election or appointment of the chairperson and
deputy chairperson of a regional council; and
(b) the election or appointment of the deputy mayor; and
(c)
the election or appointment of the chairperson and
deputy chairperson of a committee; and
(d) the election or appointment of a representative of a local
authority.
(2)
If this clause applies, a local authority or a
committee (if the local authority has so directed) must determine by resolution
that a person be elected or appointed by using one of the following systems of
voting:
(a) the voting system in subclause (3) (system
A):
(b) the voting system in subclause (4) (system
B).
(3)
System A -
(a)
requires that a person is elected or appointed if he or
she receives the votes of a majority of the members of the local authority or
committee present and voting; and
(b)
has the following characteristics:
(i)
there is a first round of voting for all candidates;
and
(ii)
if no candidate is successful in that round there is a
second round of voting from which the candidate with the fewest votes in the
first round is excluded; and
(iii)
if no candidate is successful in the second round there
is a third, and if necessary subsequent, round of voting from which, each time,
the candidate with the fewest votes in the previous round is excluded; and
(iv)
in any round of voting, if 2 or more candidates tie for
the lowest number of votes, the person excluded from the next round is resolved
by lot.
(4)
System B -
(a)
requires that a person is elected or
appointed if he or she receives more votes than any other candidate; and
(b)
has the following characteristics:
(i)
there is only 1 round of voting; and
(ii)
if 2 or more candidates tie for the most votes, the tie
is resolved by lot.
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Ngā tūtohunga
Recommendation/s
That the Albert-Eden Local
Board:
a) elect a Deputy Chairperson for the 2019 - 2022 political term, utilising
either System A or System B of Schedule 7, Part 1, Clause 25 of the Local
Government Act 2002.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
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Author
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Michael Mendoza - Democracy Advisor
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Authorisers
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Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
|
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Mayor's Address
File No.: CP2019/18631
Te take mō te
pūrongo
Purpose of the report
1. If
the Mayor is in attendance, he will be provided with the opportunity to address
the meeting.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
|
Michael Mendoza - Democracy Advisor
|
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Authorisers
|
Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
|
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Explanation of laws affecting elected
members
File No.: CP2019/18700
Te take mō te
pūrongo
Purpose of the report
1. At
the first meeting after the three-yearly local election, elected members are
required to receive a general explanation of the laws that affect them as
elected members.[1]
This report provides that explanation.
Whakarāpopototanga matua
Executive summary
2. There
are a number of laws affecting members and other core legal requirements that
elected members should be aware of when making decisions. The legislation
that applies both to individual elected member’s actions and collective
decision making includes:
· Local
Authorities (Members’ Interests) Act 1968
· Crimes
Act 1961
· Secret
Commissions Act 1910
· Financial
Markets Conduct Act 2013
· NZX
Listing Rules
· Health
and Safety at Work Act 2015
· Personal
liability of elected members
· Local
Government Official Information and Meetings Act 1987
· Local
Government Act 2002
· Local
Government (Auckland Council) Act 2009
· Other
statutory decision-making requirements.
3. This
report and attachment provide an explanation of these core legal
requirements.
4. In
addition to these core legal requirements, there are many other statutes
relevant to certain council decisions (for example the Resource Management Act
1991 and the Reserves Act 1977).
5. Elected
members will receive advice from staff on a case-by-case basis to ensure that
they understand their legal obligations when making decisions.
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Ngā tūtohunga
Recommendation/s
That the Albert-Eden Local
Board:
a) note the general explanation of the laws
affecting elected members.
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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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Laws Affecting Elected Members - Core Legal
Requirements
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21
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Ngā kaihaina
Signatories
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Author
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Anita Furniss - Senior Solicitor - Governance
and Litigation
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Authorisers
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Dani Gardiner - General Counsel
Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
|
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Albert-Eden Local
Board
29 October
2019
|
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First Business Meeting of the
Albert-Eden Local Board
File No.: CP2019/18633
Te take mō te
pūrongo
Purpose of the report
1. Pursuant
to the requirements of clause 21(5)(d) of Schedule 7 of the
Local Government Act 2002, the local board is required to select a date to hold
its first substantive business meeting for the term.
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Ngā tūtohunga
Recommendation/s
That the Albert-Eden Local
Board:
a) confirm
its first business meeting for the term to be held 2.00pm, Wednesday, 4
December 2019, at the Albert-Eden Local Board office, 135 Dominion Road, Mt
Eden, Auckland.
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Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
|
Michael Mendoza - Democracy Advisor
|
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Authorisers
|
Louise Mason – General Manager Local Board
Services
Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
|
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Albert-Eden
Local Board
29 October
2019
|
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Notice of Motion - Member Langton -
Chamberlain Park
File No.: CP2019/18691
Whakarāpopototanga matua
Executive summary
1. Member
Langton has given notice of a motion that she intends to propose.
2. The
notice, signed by Member Langton and Member Lee as seconder, is appended to
this cover report
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Motion
That the Albert-Eden Local Board:
a) agree
pursuant to Standing Order 1.10.1, to rescind the following Albert-Eden Local
Board resolutions regarding the Chamberlain Park Masterplan and consequently
the One Local Initiative, as adopted during its monthly meeting held on 5
August 2015:
Resolution number AE/2015/127
MOVED by Chairperson PD Haynes,
seconded by Member GD Easte:
That the Albert-Eden Local Board:
a) Notes
the community submissions on the four draft Master Plan scenarios for
Chamberlain Park.
c) Notes
that further work will be undertaken with mana whenua to incorporate Te
Aranga design principles before the adoption of the Master Plan.
d) Notes
that the governing body is undertaking the following work that may influence
funding decisions of the governing body with respect to the implementation of
the Chamberlain Park Master Plan:
i. The
Sport Facilities Network Plan will identify and prioritise sports facility
needs across Auckland for the next twenty years
ii. An
investigation of the provision of pool space in the western corridor of
Auckland to address potential gaps and to account for projected population
growth
iii. An
investigation of the long-term council ownership of golf courses across the
region and the public/private provision of golf required to support changes
in demand.
e) Notes
that there is no identified funding in the 2015-2025 Long-Term Plan to implement
the Master Plan.
f) Notes
that the Albert-Eden Local Board has earmarked approximately $900,000 over
the next three years to commence the implementation of the Chamberlain Park
Master Plan.
g) Notes
that the implementation of the Chamberlain Park Master Plan is likely to take
place over the next 10 years.
i) Strongly
supports the conversion over time of the 14 council-owned golf courses into,
either in part or in whole, public golf courses.
j) Requests
officers to continue to engage with New Zealand Golf, other golfing
organisations and local golfers to ensure the new Chamberlain Park golf course offers a well-designed quality
golf experience.
l) Thanks
Shyrel Burt – Principal Policy Analyst, and Paul Marriott-Lloyd –
Team Leader Parks and Recreation Policy Central, for their attendance and
acknowledges the work undertaken by Gary Marshall and his team at JASMAX.
And,
Resolution
number AE/2015/128
MOVED
by Chairperson PD Haynes, seconded by Member GD Easte:
That the
Albert-Eden Local Board:
b) Approves
Scenario Four as the basis for the development of the final Chamberlain Park
Master Plan and delegates authority to the Chairperson to finalise the Master
Plan in conjunction with officers.
h) Approves
a budget of $50,000 from its allocation of the Local Board Capital Fund for
the commencement of detailed planning and consenting of the western end of
Chamberlain Park as a neighbourhood open space, including reconfiguring three
golf holes, installing a barbeque area, children’s playground,
improving the ecological and landscape quality of Meola Creek/Waititiko and
walking and cycling connections.
k) Approves
the holding of a public event, or events, at the western end of Chamberlain
Park where the community are invited to use the space as a park over a
weekend during summer 2015/16.
b) request
that council staff immediately cease all work related to the indicative
business case for the Chamberlain Park development, including the western end
of the park, (as detailed in resolution AE/2019/107, Attachment B).
c) request
that the appropriate council staff meet with the new Albert-Eden Local Board
members for an update the restoration programme for Waititiko-Meola Creek.
d) request
that Auckland Transport staff meet with the new Albert-Eden Local Board
members to discuss work on pathways in Chamberlain Park.
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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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Notice of Motion - Member Langton - Chamberlain Park
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33
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Ngā kaihaina
Signatories
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Author
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Michael Mendoza - Democracy Advisor
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Authoriser
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Adam Milina - Relationship Manager - Albert-Eden &
Orakei Local Boards
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Albert-Eden
Local Board
29 October
2019
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