Agenda of Devonport-Takapuna Local Board

Chairperson Aidan Bennett will lead the meeting with a brief welcome.

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

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

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i. A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member

ii. A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Relationship Manager in the first instance.

4 Confirmation of Minutes

That the Devonport-Takapuna Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 17 September 2019 and the extraordinary minutes of its meeting, held on Tuesday, 29 October 2019, as true and correct.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

At the close of the agenda no requests to present petitions had been received.

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Devonport-Takapuna Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

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

10 Extraordinary Business

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

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

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

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

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

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

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

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

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

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

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

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

11 Notices of Motion

Under Standing Order 2.5.1 a Notice of Motion has been received from Chairperson A Bennett for consideration under item 12.

Devonport-Takapuna Local Board

19 November 2019

Notice of Motion - Chairperson Aidan Bennett - Public Workshops

File No.: CP2019/18981

Whakarāpopototanga matua

Executive summary https://acintranet.aklc.govt.nz/EN/workingatcouncil/techandtools/infocouncil/Pages/ExecutiveSummary.aspx

1. Chairperson A Bennett has given notice of a motion that they wish to propose.

2. The notice, signed by Chairperson A Bennett and Deputy Chairperson G Wood as seconder, is appended as Attachment A.

3. Supporting information is appended as Attachment A.

Motion

That the Devonport-Takapuna Local Board:

a) notes that the definition of a ‘meeting’ as outlined in Part 7 Section 45(2) of the Local Government Official Information and Meetings Act 1987 (LGOIMA) excludes any meeting of a local authority (or any committee or sub-committee of a local authority) at which no resolutions or decisions are made is not a meeting as defined by LGOIMA, and as such there is no requirement for the local authority to undertake the following activities as outlined in sections 45 to 54 of LGOIMA for such meetings:

i) to publicly notify such meetings;

ii) to publicly provide agendas and reports for such meetings at least two working days in advance;

iii) to provide for public and / or media access to the meeting; and

iv) to provide publicly available minutes of the meeting after the fact.

b) notes that the Standing Orders of the Devonport-Takapuna Local Board (December 2017) explicitly defines ‘workshop’ as an informal forum held primarily for information or discussion purposes as the case may be, and at which no resolutions or decisions are to be made.

c) notes that Standing Order 12.1.2 as outlined with the Standing Orders of the Devonport-Takapuna Local Board (December 2017) explicitly states that:

i) workshops are solely for information and discussion purposes;

ii) workshops are not considered public ‘meetings’ as defined by Section 45(2) of the Local Government Official Information and Meetings Act 1987 (LGOIMA); and

iii) Part 7 of LGOIMA and the requirements contained therein as outlined in resolution a) above do not apply to local board workshops.

d) rescinds the resolution from its 21 February 2017 meeting where it resolved to ‘hold workshops and / or briefings with members of the public, media and stakeholders in attendance’ (resolution number DT/2017/15 resolution b)).

e) resolves to holds its workshops, briefings and / or other meetings at which no resolutions or decisions are to be made without members of the public, media and / or stakeholders in attendance, as is allowed for under the Local Government Official Information and Meetings Act 1987.

f) requests Local Board Services staff provide advice as to how topics and documentation discussed by the Devonport-Takapuna Local Board at its workshops can be provided to members of the public, media and / or stakeholders as a matter of course following workshops in order to ensure openness and transparency of local board business.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Notice of Motion - Chairperson A Bennett - Public Workshops	9
b ⇩	Memo: Response to NoM - Public Workshops	11

Ngā kaihaina

Signatories

Authors	Rhiannon Foulstone-Guinness - Democracy Advisor
Authorisers	Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 November 2019

Local board appointments and delegations for the 2019-2022 electoral term

File No.: CP2019/19090

Te take mō te pūrongo

Purpose of the report

1. To recommend that the Devonport-Takapuna Local Board appoints a local board member to:

· be the nominated local board member for landowner consents (including affected party approvals);

· be the nominated local board member for film applications;

· be the nominated local board member for events;

· provide formal reports on liquor licence applications and attendance at hearings;

· provide formal views on whether a resource consent should proceed as a non-notified, limited notified or fully notified application; and

· provide formal views (feedback) on notified resource consents and attend the council hearings.

Whakarāpopototanga matua

Executive summary

2. In order to enable effective and efficient decision-making, the council delegates some responsibilities to staff or individual elected members. This report seeks to appoint nominated local board members who will be consulted on landowner consents and events, and who will provide feedback on liquor licences and resource consents.

3. If local boards choose not to appoint a nominated board member for landowner consents, staff will consult with the Local Board Chairperson, as outlined in the Local Board Delegation Protocols.

4. District Licensing Committees consider, and grant or renew applications for liquor licences and manager’s certificates. These applications are publicly notified and local boards can provide views on an application to the District Licensing Committee. A delegation to a nominated local board member is recommended to allow local boards to provide formal views as part of the liquor licensing process.

5. Local boards can provide feedback on whether resource consent applications should be publicly notified. Local boards can also provide written feedback once the applications are notified and can subsequently speak to their feedback to support their views at the council hearing. A delegation to a nominated local board member is recommended.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) appoint a board member as a delegate and a board member as alternate, the nominated local board members for landowner consents (excluding landowner consents for filming) and authorise them to:

i) be the point of consultation for staff on all applications for landowner consent and, at their discretion, refer any application for landowner consent to the local board for a local board decision, and

ii) receive staff notifications of areas that may involve reputational, financial, performance or political risk.

b) appoint a member as delegate and a member as an alternate, the nominated local board member for landowner consents for filming and authorises them to:

i) to be the point of consultation with staff on all applications for landowner consent for filming and, at their discretion, refer any applications for landowner consent for filming to the local board for a local board decision

ii) receive notifications from staff of areas that may involve reputational, financial, performance or political risk.

c) appoint member as delegate and member as an alternate, the nominated local board member for events and authorises them to receive staff notifications of areas that may involve reputational, financial, performance or political risk.

d) delegate to member x and member x as an alternate, the authority to prepare and provide local board views and speak to those local board views at any hearings on applications for liquor licences.

e) delegate to member x and member y, as an alternate, the authority to provide the local board views on whether a resource consent should proceed as a non-notified, limited notified or fully notified application.

f) delegate to member x and member y, as an alternate, the authority to prepare and provide local board views and speak those local board views at any hearings on notified resource consents.

Horopaki

Context

Background

6. Decision-making within Auckland Council is shared between the Governing Body and local boards. Local boards have made a general delegation to the chief executive of all of their responsibilities, duties and powers subject to the exclusions, restrictions and clarifications set out in the Chief Executive’s Delegations Register. The Chief Executive has in turn delegated those responsibilities, duties and powers to staff. The exercise of those responsibilities, duties and powers is subject to a set of delegation protocols. These protocols provide a set of expectations and directions to staff and require a number of actions that are relevant to all local activities. These delegations help Auckland Council to operate efficiently and effectively.

7. In some cases, delegations are given to individual local board members, usually due to short timeframes constrained by operational requirements, customer expectations and deadlines set by statute. Having a delegation in place to one local board member helps to ensure that council can continue to undertake its normal business practices without undue delays.

8. Local boards have allocated responsibility for decision-making with respect to local parks and have delegated landowner consent decisions to staff subject to a number of delegation protocols. The delegation protocols require that the nominated local board member is consulted on every landowner consent. Landowner consents encompass a broad range of activities, including affected party approvals, filming and events. Local boards also are able to provide their formal views in a report at liquor licence hearings.

9. Under the Local Government (Auckland Council) Act 2009 the Governing Body must consider any views and preferences expressed by a local board, where a Governing Body decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area. Local boards’ ability to provide local views can be affected because of statutory timeframes or external agency deadlines. Delegating authority for providing local board views to individual members provides local boards the opportunity to give local views within prescribed timeframes.

Tātaritanga me ngā tohutohu

Analysis and advice

Landowner consents

10. Under Auckland Council’s Combined Chief Executive Delegations Register, council staff are delegated authority to approve landowner consents on behalf of local boards. This delegation is subject to the Local Board Delegations Protocols. These protocols require that before exercising their delegations, staff must consult with a nominated local board member for landowner consents. If required, by the nominated local board member, the staff member must refer the landowner consent decision to a local board business meeting for a decision.

11. It is therefore recommended that the local board appoint a nominated local board member for landowner consents to enable staff to exercise their delegation.

Landowner consents for filming

12. Screen Auckland (Auckland Tourism, Events and Economic Development) processes requests for filming in the Auckland Region, and seeks landowner consent from local boards. Over 600 permits are granted each year, with the largest number of permits being granted in Waitematā, Wāitakere Ranges and Rodney Local Board areas.

13. Screen Auckland must process the applications within three to five working days, and therefore require feedback from local boards within two working days. These timeframes are short because filming activities often have a fast turnaround for productions from concept to delivery. To keep filming in Auckland, in a competitive international market, film crews often have to work within short timeframes.

14. Due to the extremely short timeframes for film applications, where local boards have a large number of filming applications, it may be beneficial for this subset of landowner consents to be referred to a different nominated local board member, to manage workloads.

Events

15. Under the Local Board Delegations Protocols staff must consult with and obtain the views of the nominated local board member on:

· applications to hold events on council-owned land in the local board area that require regulatory approval and involve one or more of the following matters:

o complete or substantial closure of the public open space;

o more than 500 people;

o road closure;

o liquor; and

o ticketed event.

· Any regulatory decision to set fees and charges for holding local events on council-owned local parks and reserve (and refer the matter to the local board to obtain local board views and input where required by the delegated local board member).

· Staff are also required to notify the nominated local board member of:

o areas that may involve reputational, financial, performance or political risk

o decisions to approve events on council owned land in the local board area.

Formal submissions at liquor licence hearings

16. District Licensing Committees consider, and grant or renew applications for liquor licences and manager’s certificates. When a business applies for an on-licence, off-licence, or club licence, new or renewed, they are publicly notified. On 25 September 2014, the Governing Body (GB/2014/103) agreed to a process where local boards can provide views on an application in a report to the District Licensing Committee. If the District Licensing Committee considers that the local board’s report has raised issues that it needs to hear more about, it can call a hearing and invite the local board to appear and talk to its report and respond to questions as a witness.

17. Once the public notice has been posted online, the local board has 15 working days to provide their report to council.

18. This report recommends a delegation to a nominated local board member to allow local boards to provide formal views as part of the liquor licensing process.

Notified resource consents

19. Local boards can provide feedback, within the statutory timeframes, on whether resource consent applications should be publicly notified. This was resolved by the Governing Body on 28 July 2011 (resolution number GB/2011/156). Resource consent planners email the planning lead copies of applications that meet the triggers set by the local boards (last reviewed in 2017). The planning leads have three working days to provide comment on the matter of whether the application should be publicly notified or limited notified to particular persons who may be adversely affected by the proposal. Where comments are provided, these are included verbatim as part of the reporting planner’s notification report to the decision-maker.

20. Local boards can also provide written feedback once resource consent applications have been notified. Written feedback needs to be provided prior to the submission closing date (usually 20 working days after public notification). Local boards can subsequently speak to their feedback to support their views at any hearing.

21. This report recommends a planning lead for each local board to provide the local board’s formal views on whether or not resource consents should be notified or limited notified and to provide written feedback on notified applications and speak on the local board’s behalf at the council hearing.

Options considered

22. Options available for local boards to input into landowner consents, events, planning processes and liquor licences have been summarised in Tables 1 and 2.

23. It is recommended that local boards select both a nominated local board member and an alternate. The alternate is available to act when the nominated local board member is unable to act (eg leave of absence, illness) and has agreed (via written communication) that the alternate take the role of nominated local board member for a specified time period.

24. Staff recommend that local boards appoint one nominated local board member and an alternate. Appointing more than one nominated local board member increases administration for staff and can create unnecessary confusion where local board members provide differing views to staff.

Nominated local board members under the Local Board Delegations Protocol

25. The preferred option is that a nominated local board member is appointed for landowner consents and events (option two in Table 1). This option is preferred because it aligns with council’s existing delegations and local board delegation protocols and allows for council to undertake core business in a timely manner. There is reputational risk to council if it is unable to administer landowner consents in a timely manner.

Table 1: Options for local boards to address requirement for nominated local board members under the Local Board Delegations Protocol for landowner consents and events

Options

Pros

Cons

1. There are no nominated local board members and staff must consult with the local board chairperson as a primary point of contact

· The local board chairperson will become the subject matter expert for the local board on landowner approvals and events

· Local boards can provide their views in a timely way that better meets organisational deadlines

· The local board chairperson’s work-load will be increased

· Decisions are not made by the full local board

· Decisions are not made at a public meeting

2. Nominated local board members appointed for landowner consents and events (preferred option)

· The nominated local board member will become subject matter expert for local board on topic they are nominated for

· Local boards can provide their views in a timely way that better meets organisational deadlines

· Decisions are not made by the full local board

· Decisions made under delegation are not made at a public meeting

Notified applications (resource consents and liquor licences)

26. Local boards normally provide their formal views at business meetings (option two in Table 2). Because local board reporting timeframes do not usually align with process and statutory timeframes outlined above, in most instances reporting at a business meeting will not be a viable option. Providing a delegation to one local board member and one alternate (option three in Table 2) is considered the most efficient way of providing formal views for the matters discussed in this report.

Table 2: Options for local boards to provide their formal views on notification of resource consents and liquor licences

Options	Pros	Cons
1. No formal local board views are provided		· Local board views will not be considered by the hearing commissioners
2. Formal local board views are provided at a business meeting	· All local board members contribute to the local board view · Provides transparent decision making	· Local board meeting schedules and agenda deadlines are unlikely to align with statutory deadlines imposed by the planning process
3. Formal local board views are provided by way of delegation to one local board member for all applications (preferred option)	· Nominated local board member will become subject matter expert for local board on topic they are nominated for · Local boards can provide their views in a timely way that meets statutory deadlines · Any feedback can be reported back to the local board	· Decisions are not made by the full local board · Decisions made under delegation are not made at a public meeting (decisions are made public once submitted via the planning process)

Tauākī whakaaweawe āhuarangi

Climate impact statement

27. These decisions are procedural in nature and any climate impacts will be negligible. The decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decisions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

28. This report recommends the appointment of nominated local board members to ensure that council can undertake its operational and statutory duties in a timely manner, while receiving local board input and decision-making in matters that are of local importance.

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

Local impacts and local board views

29. This report seeks to appoint nominated board members to perform particular functions.

30. Any local board member who is appointed as a nominated board member should ensure that they represent the wider local board views and preferences on each matter before them.

Tauākī whakaaweawe Māori

Māori impact statement

31. A decision of this procedural nature is not considered to have a positive or negative impact for Māori.

Ngā ritenga ā-pūtea

Financial implications

32. A decision of this procedural nature is not considered to have financial implications on Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33. If local boards choose not to appoint a nominated board member for landowner consents (including film applications) and events, staff will need to seek feedback from the chairperson. This could potentially lead to a busy workload for the local board chairperson, in addition to their existing duties.

34. If local boards choose not to delegate to provide views on notified applications, there is a risk that they will not be able to provide formal views prior to submission closing dates and miss the opportunity to have their feedback presented and heard at a hearing.

35. If local boards choose not to delegate to provide their views on liquor licences, there is a risk that they will not be able to provide formal views prior to closings dates for submissions not coinciding with political meetings.

Ngā koringa ā-muri

Next steps

36. Nominated local board members providing feedback on landowner consents and events will engage with staff acting in accordance with the Local Board Delegation Protocols.

37. Training for local board members will be offered on the Resource Management Act 1991 and the preparation of effective feedback for applications notified as part of a Resource Management Act 1991 process.

38. Nominated local board members (and alternates) who are delegated to provide reports and speak at District Licensing Committee Hearings should sign-up to receive alcohol notices. This will ensure that they hear about new applications as soon as they are open for comment.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Carol Stewart - Senior Policy Advisor

Authorisers

Louise Mason - GM Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 November 2019

Appointment of LB members to external community organisations

File No.: CP2019/19064

Te take mō te pūrongo

Purpose of the report

1. To appoint board members to external community organisations relevant to the Devonport-Takapuna Local Board area.

Whakarāpopototanga matua

Executive summary

2. Elected members participate as representatives of the local board on a number of external community and national organisations.

3. The beginning of the new electoral term generates the need for new appointments. This report provides details of the external organisations relevant to the local board and requests that the local board nominates a lead and alternate member to represent the board on those external organisations for the 2019-2022 triennium.

4. In addition, there are a small number of appointments which, due to legislation or the terms in a deed are the responsibility of the Governing Body, but because the relationship between the council and the organisation is local, the Governing Body has delegated its responsibility to nominate an elected member to the relevant local board.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) appoint a lead and alternate to the following external organisations for the 2019-2022 triennium:

External organisation	Lead	Alternate
i. Devonport Peninsula Trust
ii. Takapuna Community Facilities Trust
iii. Michael King Writers Studio Trust
iv. Takapuna Beach Business . Association
v. Devonport Business Association
vi. Milford Business Association

b) agree that, to avoid potential conflicts of interest, elected members appointed to any outside organisations do not exercise any voting rights conferred by the organisations

c) agree that appointed local board members keep the entire local board informed of their role and matters relating to these organisations through the use of Board Member reports.

Horopaki

Context

5. A number of external organisations provide for the formal participation of Auckland Council elected members in their affairs. Elected member appointees will have a variety of duties and liabilities depending on the individual organisation.

6. At the commencement of each triennium, the Governing Body and local boards make appointments to external organisations.

7. As local board representatives, the nominated members represent the board, and do not attend in a personal capacity. Nominated local board members will provide written updates in their member’s report on the business meeting agenda to regularly inform all local board members of discussions and decisions made of their activities, unless good reasons exist for confidentiality. These updates are in the form of business meeting reports which maintain public transparency.

8. The reasons for elected member participation in external organisations can be described in a number of ways:

· a trust deed, that requires Auckland Council to make an appointment to an organisation

· an organisation of interest to the local board is inviting elected member representation at its meetings

· associations entered into by the council which provide for elected member representation

· organisation governance, or project or programme oversight, such as regional or local parks management groups

· a statutory or regulatory provision (for example a regulation providing for a community liaison committee) or

· a resource consent requiring the formation of a committee or hearing panel.

9. In making decisions about these appointments, it is suggested that local boards are mindful of:

· the elected member’s availability

· any conflict of interests, including whether the local board provides funding to the entity

· relevance

· historical relationship with the organisation and Auckland Council.

10. Members are delegated in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed.

11. Local board members may be part of any organisation in their private capacity and personal interests. They are encouraged to disclose memberships of external organisations in the conflict of interest register.

Relevant external organisations

12. The details of the organisations relevant to the local board are detailed below.

The Devonport Peninsula Trust

13. The purpose of the Devonport Peninsula Trust is to “…provide grass-roots community

development services in partnership with the Devonport-Takapuna Local Board, in the

Devonport peninsula area (Devonport to Hauraki Corner).”

14. The previous local board representatives were Mike Cohen and Mike Sheehy (alternate).

15. The time commitment is one, one-hour meeting, each month. The role is described by the trust as sharing information from the local board’s perspective.

16. The local board is asked to appoint one member (and an alternate) to the Devonport Peninsula Trust.

The Takapuna Community Facilities Trust

17. The purpose of the Takapuna Community Facilities Trust is “…to enable our vision of ‘All people in Takapuna North are inspired to connect and engage in our communities’ to be realised.”

18. The previous local board representatives were Mike Cohen and Jennifer McKenzie (alternate).

19. The expected time commitment is one, one-hour meeting, each month. The trust describes the role as “ inform Trust of Local Board / Council priorities and be informed of Trust’s activities /community feedback and provide mutual support.”

20. The local board is asked to appoint one member (and an alternate) to the Takapuna Community Facilities Trust.

Michael King Writers Studio Trust

21. The Michael King Writers’ Studio Trust “operates the first national writers’ centre in Aotearoa New Zealand. The Trust’s mission is to support quality New Zealand writing, the development of New Zealand writers and the development of the audience for New Zealand writing.”

22. The previous local board representative was Jan O’Connor. There was no alternative representative appointed.

23. The expected time commitment is six, approximately two-hour meetings each year.

24. The local board is asked to appoint one member to the Michael King Writers Studio Trust in the role of advisory trustee on the board of trustees.

Takapuna Beach Business Association; Devonport Business Association; Milford Business Association

25. Business Improvement District (BID) Partnership Programmes are local economic development initiatives run by a business association in partnership with the council, supported by a designated targeted rate.

26. The local board has a day-to-day relationship with the business associations as a joint partner in the BID Partnership Programme. The local board will work with the business associations to align the direction for the BID programme and local priorities expressed in the Local Board Plan. The local board will receive regular reporting on the BID Partnership Programme and review progress against objectives.

27. The business association may invite the appointed member onto the BID Governance Board or Executive Committee. The discretion on whether this member has voting rights will lie with the business association under the rules of their constitution.

28. The previous local board representatives were

Organisations	Lead	Alternate
Takapuna Beach Business Association	George Wood	Jennifer McKenzie
Devonport Business Association	Mike Cohen	Mike Sheehy
Milford Business Association	Mike Sheehy	Jan O’Connor

29. It is recommended that the local board appoints a local board member and an alternate to each business association to represent the local board regarding all matters relating to the business association.

Tātaritanga me ngā tohutohu

Analysis and advice

30. The local board may take advantage of the opportunity to appoint members to external organisations to build and retain strong relationships with those organisations.

31. It is recommended that to avoid potential conflicts of interest, elected members appointed to any outside organisations do not exercise any voting rights conferred by the organisations and that the roles should only be to provide opportunities to share information.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32. These decisions are procedural in nature and any climate impacts will be negligible. The decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decisions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33. This report enables Auckland Council to meet its requirements or duties to have representation on external community organisations.

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

Local impacts and local board views

34. This report seeks the local board’s decision on representatives to external community organisations relevant to the local board area.

Tauākī whakaaweawe Māori

Māori impact statement

35. This report has no specific impact on Māori. It covers appointments of local board members to external organisations and community networks to represent the view of local communities, including Māori communities.

Ngā ritenga ā-pūtea

Financial implications

36. There are no financial implications as a result of this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37. Local board members may be part of any organisation in their private capacity and personal interests. They are encouraged to disclose memberships of external organisations in the conflict of interest register.

Ngā koringa ā-muri

Next steps

38. Local Board Services staff will inform each external organisation of the name of the local board appointment. They will also inform the local board representative of the meeting time, date and location.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Maureen Buchanan - Local Board Advisor

Authorisers

Louise Mason - GM Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 November 2019

Adoption of a business meeting schedule

File No.: CP2019/19066

Te take mō te pūrongo

Purpose of the report

1. To adopt the Devonport-Takapuna Local Board meeting schedule for the 2019-2022 electoral term.

Whakarāpopototanga matua

Executive summary

2. The Local Government Act 2002 (LGA) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules. In particular, clause 19, Schedule 7 of the LGA on general provisions for meetings requires the chief executive to give notice in writing to each local board member of the time and place of meetings. Sections 46, 46(A) and 47 in Part 7 of LGOIMA require that meetings are publicly notified, agendas and reports are available at least two working days before a meeting, and that local board meetings are open to the public.

3. Adopting a meeting schedule helps with meeting these requirements. Adopting a business meeting schedule also allows for a planned approach to workloads and ensures that local board members have clarity about their commitments.

4. The proposed business meeting schedule for the Devonport-Takapuna Local Board (the local board) is as follows:

· one business meeting per month;

· generally to be held on the third Tuesday of each month (with the exceptions being December 2019, December 2020 and December 2021);

· commencing at 9:30am; and

· to be held at the Devonport-Takapuna Local Board Office, Ground Floor, 1 The Strand, Takapuna.

5. The proposed workshop schedule for the local board is as follows:

· two workshops per month;

· to be held on the first and second Tuesday of each month;

· commencing at 9.30am;

· focus on the local board work programme and input into regional policies and strategies.

· agree to two recess weeks a year on the following dates to accommodate for school holidays, all of which are rescheduled to the 4th week of the month:

o 14 April 2020 and 14 July 2020;

o 13 July 2021 and 12 October 2021; and

o 14 June 2022.

· that the fourth week of the month has been left free of business, and additional workshops can be scheduled on these days should they be required.

6. Draft meeting schedule for the 2019-2022 electoral term has been developed and are included as attachments A to this report.

7. Commencing the business meeting during business hours will enable meetings to be productive and ensures best use of resources.

8. One business meeting per month is sufficient for formal business to be considered. There are some instances for which the local board may need to have meetings in addition to this schedule. The specific times and dates for meetings for matters such as local board plans and local board agreements are yet to be finalised. Local board meeting schedules may need to be updated once these details are confirmed.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) agree to one business meeting per month, to be held on the third Tuesday of each month at 2pm to be held at the Devonport-Takapuna Local Board Office, Ground Floor, 1 The Strand, Takapuna.

b) adopt the meeting schedule outlined in Attachment A of the agenda report, for the 2019-2022 electoral term.

c) agree to two workshops per month, to be held on the first and second Tuesday of each month, commencing at 9.30am, for workshop sessions around the work programmes.

d) agree to two recess weeks a year on the following dates to accommodate for school holidays, all of which are rescheduled to the 4^th week of the month:

i. 14 April 2020 and 14 July 2020;

ii. 13 July 2021 and 12 October 2021; and

iii. 14 June 2022.

e) note that the fourth week of the month has been left free of business, and additional workshops can be scheduled on these days should they be required.

f) note that staff will work with the local board on the long-term vision for the community forum space. Scope and location to be workshopped with the board prior to an agenda report confirming the schedule for term in March 2020.

g) note the dates and time for meetings for local board plans and local board agreements are yet to be finalised.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Proposed meeting schedule for Devonport-Takapuna Local Board 2019-2022.	29

Ngā kaihaina

Signatories

Authors

Anna Bray - Policy and Planning Manager - Local Boards

Authorisers

Louise Mason - GM Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 November 2019

Urgent decision-making process

File No.: CP2019/19091

Te take mō te pūrongo

Purpose of the report

1. To seek the Devonport-Takapuna Local Board’s agreement to use the urgent decision-making process when appropriate.

Whakarāpopototanga matua

Executive summary

2. The urgent decision-making process enables the local board to make decisions to manage unforeseen and urgent circumstances when it is not practical to call the full board together and meet the requirements of a quorum. By agreeing to this process, the local board delegates decision-making authority to the Chairperson and Deputy Chairperson, or any person acting in these roles.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) delegate authority to the Chairperson and Deputy Chairperson, or any person acting in these roles, to make urgent decisions on behalf of the local board in order to manage unforeseen and urgent circumstances when it is not practical to call the full board together and meet the requirements of a quorum.

b) agree that the Relationship Manager, Chairperson and Deputy Chairperson (or any person/s acting in these roles) will authorise the urgent decision-making process by signing off an authorisation memo.

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

Horopaki

Context

3. The urgent decision-making process enables the Chairperson and Deputy Chairperson, or any person acting in these roles, to make decisions to manage unforeseen and urgent circumstances when it is not practical to call the full board together and meet the requirements of a quorum. Examples include during the Christmas and New Year period or for providing input to the council’s central government submission process in tight timeframes.

4. By agreeing to this process, the board delegates decision-making authority to the Chairperson and Deputy Chairperson, or any person acting in these roles during that period.

5. The Local Government Act 2002 provides for local boards to delegate to committees, members of the local board or Auckland Council staff any of its responsibilities and powers, with some specific exceptions (clause 32, Schedule 7). This legislation enables the urgent decision-making process.

Tātaritanga me ngā tohutohu

Analysis and advice

6. The urgent decision-making process provides an alternative decision-making mechanism to an extraordinary meeting. An extraordinary meeting is called when an urgent decision is required on matters that cannot wait until the next scheduled business meeting of the local board.

7. Urgent decisions are different from emergency decisions, which are only made if there is a risk to public health and safety.

8. All requests for an urgent decision will be supported by a memo stating the nature of the issue, reason for urgency and the decisions or resolutions sought.

9. The local board Relationship Manager will use the information in this memo to determine whether or not to authorise the urgent decision-making process.

10. A number of factors will be considered by the Relationship Manager before approval to use the urgent decision-making process is given, such as:

· the timing of the next scheduled meeting;

· confirmation that the local board has the delegation allocated decision-making power to make the decision;

· consideration of the rationale for the urgency; and

· the significance of the decision and whether the urgent decision-making process is appropriate.

11. Once the Relationship Manager authorises the use of the urgent decision-making process, the Chairperson and Deputy Chairperson (or any person/s acting in these roles) also need to approve the use of the urgent decision-making process by signing the same memo.

12. Once the authorisation memo has been approved, the Chairperson and Deputy Chairperson will refer to the substantive report for advice and staff recommendations to inform their decision. This report will meet Auckland Council quality advice standards and adhere to the report authorisation processes.

13. Any decision made using the urgent decision-making process will be reported as an information item to the next ordinary meeting of the local board and the signed approval memo will be attached.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14. This decision is procedural in nature and any climate impacts will be negligible. The decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15. The urgent decision-making process proposed in this report enables the council group to progress urgent decisions efficiently, when it is not practical to call the full local board together.

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

Local impacts and local board views

16. This report outlines the local board urgent decision-making process, and seeks the local board’s agreement to adopt this process.

Tauākī whakaaweawe Māori

Māori impact statement

17. A decision of this procedural nature is not considered to have specific implications for Māori, and the arrangements proposed in this report do not affect the Māori community differently to the rest of the community.

Ngā ritenga ā-pūtea

Financial implications

18. There are no financial implications arising from the procedural decision sought by this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

19. To mitigate any risk that the urgent decision-making process could be used inappropriately, the Relationship Manager will assess a number of factors including timing of the next scheduled meeting, the reason for urgency, and significance of the decision. If a matter is of major significance, an extraordinary meeting can be called instead.

Ngā koringa ā-muri

Next steps

20. If the local board adopts the use of the urgent decision-making process, the local board Relationship Manager and delegated local board members will execute the urgent decision-making process outlined in this report if the need arises.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Anna Bray - Policy and Planning Manager - Local Boards

Authorisers

Louise Mason - GM Local Board Services

Eric Perry - Relationship Manager

Devonport-Takapuna Local Board

19 November 2019

Process for appointment of Local Government New Zealand National Council representative

File No.: CP2019/19092

Te take mō te pūrongo

Purpose of the report

1. To approve the process for making the local board representative appointment to the Local Government New Zealand (LGNZ) National Council and inform elected members of changes to the LGNZ rules.

Whakarāpopototanga matua

Executive summary

2. Local Government New Zealand (LGNZ) amended its rules at its Annual General Meeting on 7 July 2019, which were confirmed at a meeting of the LGNZ National Council in September. There are some key changes affecting Auckland.

3. There are now three dedicated seats on the LGNZ National Council for Auckland Council representatives. These will be filled by the Mayor of Auckland (or his alternate) and one representative each to be appointed by local boards and the Governing Body respectively. The LGNZ rules require these appointments to be made within eight weeks of the triennial local government elections.

4. This report outlines a process to appoint the local boards’ representative. Nominations will be open to all local board elected members and this can be done in mid-end November. Local boards are being asked to delegate authority to select the representative by nominating one of its members, preferably the Chairperson, to be part of a local board selection panel. This process will enable the representative to be appointed as quickly as possible.

5. The LGNZ rules now excludes Auckland from LGNZ Zone 1. Although not officially a member of an LGNZ zone group, the expectation is that Auckland Council schedules regular meetings with the president and chief executive (or their representatives) of LGNZ and organise itself as if it were a zone group. These meetings could be co-chaired by the councillor and local board member who are appointed to the LGNZ National Council.

6. Other arrangements, such as the sector-based groups, remain unchanged. Auckland Council is eligible to be a member of the Metropolitan and Regional Groups and the Governing Body will be asked to select representatives to these groups.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a) note the amended Local Government New Zealand (LGNZ) rules.

b) endorse Option A (selection panel made up of representatives from each local board) as the process for appointing the local board representative to the LGNZ National Council.

c) delegate the Chairperson to be part of the selection panel to appoint the local board representative to the LGNZ National Council.

d) agree in principle to two annual meetings of Auckland Council and LGNZ (or their representatives) with the arrangements to be decided by the three Auckland Council representatives to the LGNZ National Council and staff.

e) endorse the proposal that the meetings of the Auckland Council/LGNZ meetings be co-chaired by the governing body and local board representatives appointed to the LGNZ National Council.

Horopaki

Context

Local Government New Zealand (LGNZ)

7. LGNZ is an incorporated society (New Zealand Local Government Association Inc) which represents the national interests of councils around New Zealand and leads best practice in the local government sector.

8. The objectives of LGNZ include promoting and advocating matters affecting the national interests of local government. LGNZ holds regular dialogue with government, parliamentarians and government agencies and provides thought leadership and research on matters of interest to local authorities.

9. LGNZ is governed by a national council made up of members elected to represent geographic zones, representatives of various sector groups, the chairperson of Te Maruata (LGNZ’s national collective of Māori in local government governance roles), the LGNZ president and three seats reserved for representatives of Auckland Council.

10. The establishment of dedicated Auckland seats were made as part of amendments to the LGNZ rules agreed at its AGM in July 2019 (available at https://www.lgnz.co.nz/assets/356b3d1bac/LGNZ-rules-changes-adopted-at-2019-AGM-7.7.19.pdf). The amended rules stipulate that the composition of the National Council will include the Mayor of Auckland (or an alternate) and two further persons: one to represent the Governing Body and one to represent local boards. The appointments are for three years.

11. LGNZ members are organized in zones and sectors generally. These zones and sectors make appointments to the National Council, provide advice on issues affecting their geographical or sector areas and provide information to their members.

12. Auckland Council is no longer a member of any zone group. Due to its size and governance structure, it is expected that the council will organise itself as if it were a zone.

13. The amendments did not change arrangements for sector groups. Auckland Council remains eligible to be a member of the Metro Sector Group and the Regional Sector Groups. The Governing Body usually appoints Auckland Council’s representatives to these groups and will be asked to do so again.

14. Auckland Council’s benefits from its interactions with LGNZ include keeping abreast of national issues affecting local government, advocating for and influencing local government issues on the national agenda and providing a forum where elected representatives connect and network with their peers from across the country.

Tātaritanga me ngā tohutohu

Analysis and advice

Appointment of local board representative to LGNZ National Council

15. The appointment of a local board representative will need to be decided by local boards. This is outlined in LGNZ Rule E1A “(b) one person appointed by Auckland Council local boards, from elected members of the local boards”.

16. The restricted timeframes (eight weeks from start of the term) requires an agile selection process. Staff considered several options and recommend Option A as detailed in the following table:

Process for selection of local board representative to the LGNZ National Council

Option

Process

Details of process

Selection panel made up of representatives from each local board

· Each local board delegates authority to one of their members to be part of a selection panel.

· The selection panel can be called to meet once all candidates are confirmed and they will agree the voting system to be used.

· One vote per local board is considered a fair way to select a single representative for all 21 local boards.

· Members can utilise an existing meeting to get the selection panel together (such as the Chairs’ Forum).

· Process can start in mid-November with a two-week nomination period.

Reports to local boards seeking decision/preference (may require urgent decisions)

· This would involve seeking a vote/preference from each local board through a formal report and resolution.

· The report can only be produced once nominations have closed and the candidates list is available – this will delay the report to early December.

· Where there is a tie between candidates based on local board votes, staff will need to be delegated authority to resolve the candidate by lot or go back to local boards for a decision.

· This process is unlikely to produce an agreed appointment in a timely fashion.

17. Staff also considered the option of a popular vote of all local board members. This would involve setting up an online voting system, where each local board member would have one vote. However, this option may not comply with the LGNZ rules which anticipates a selection by local boards rather than by individual members.

18. The recommended Option A will enable a fair process by giving each local board a vote and an opportunity for their representatives to properly consider each nominee. This selection can take place at the planned meeting of the Chairs’ Forum on 9 December 2019 to avoid arranging an additional meeting.

Nominations for the local board representative

19. The LGNZ anticipates that all local board elected members are eligible to be a candidate for the LGNZ National Council. The nominations process will therefore need to allow self-nominations.

20. To facilitate this process in the timeframes required, staff will call for nominations on Friday 15 November and will allow a two-week period closing on 29 November 2019.

Auckland Council / LGNZ meetings

21. The role of a zone includes receiving reports from LGNZ about matters of national interest to local authorities and communicating to LGNZ the issues and concerns. The key item of interest at zone meetings is the national update from LGNZ. The president and chief executive of LGNZ (or their representatives) attend to present the update.

22. Auckland Council could continue to meet with the president and chief executive (or their representatives) of LGNZ on a regular basis. Although not expressly set out in the changes to the LGNZ rules, there is an understanding that Auckland Council will continue with these meetings in order to ensure an ongoing regional dialogue and continue to identify and advise LGNZ on issues and concerns affecting the Auckland region.

23. Staff recommend these meetings are co-chaired by the councillor and local board member appointed to the LGNZ National Council. A co-chair approach recognises the shared governance role of local boards. Following discussions with LGNZ, staff also recommend that the meetings be open to all elected members.

24. The proposed meeting dates for the Auckland Council/LGNZ meetings are 13 March 2020 and 11 September 2020.

Tauākī whakaaweawe āhuarangi

Climate impact statement

25. These decisions are procedural in nature and any climate impacts will be negligible. Staff will look to schedule meetings of the Auckland/LGNZ on days where there are other city-based activities and meetings for elected members in order to minimise travel requirements. Staff will also explore the use of Skype and livestreaming so elected members may choose to avoid travel.

26. Regarding engagement with the LGNZ, Auckland Council has declared a climate emergency, along with other councils around the country, so there will be an opportunity for partnership and joint leadership on this issue.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27. Secretariat support for the Auckland Council/LGNZ meetings will be provided by the Governance Division.

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

Local impacts and local board views

28. The changes to the LGNZ rules and the designated seat on the LGNZ National Council acknowledges the role of local boards and gives it greater recognition in LGNZ.

29. Local board chairs were briefed on anticipated changes at the May 2019 Chairs’ Forum.

30. The amended rules were confirmed at a meeting of the LGNZ National Council in September. Due to the elections and end of term timeframes, staff were unable to seek the views of local boards on the process for appointing a representative.

Tauākī whakaaweawe Māori

Māori impact statement

31. These decisions are procedural in nature and do not impact on Māori.

32. At the LGNZ level, the LGNZ has provided for representation on the National Council by the chairperson of Te Maruata.

33. Te Maruata is LGNZ National Council sub-committee which has the role of promoting increased representation of Māori as elected members of local government, and of enhancing Māori participation in local government processes. They provide support for councils in building relationships with iwi, hapu and Māori groups and provides Māori input on development of future policies or legislation relating to local government.

34. Appointments to Te Maruata are not made by councils. In the previous term Councillor Alf Filipaina was invited to be a member of the sub-committee.

Ngā ritenga ā-pūtea

Financial implications

35. Membership of LGNZ incurs a cost to ratepayers. Auckland Council’s annual subscription to LGNZ in 2019/2020 is $340,148 excluding GST.

36. The establishment of Auckland Council/LGNZ meetings will incur expense currently unbudgeted for. Staff from the Governance Division will support the first meeting using existing resources.

37. As the Auckland Council/LGNZ meetings are expected to bring together all elected members from across the region including Hauraki Gulf islands, this will impact on governance administration budgets over time.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38. The LGNZ rules require persons appointed to the LGNZ National Council to assume office within eight weeks of the triennial local government elections. This creates some difficulties in designing a process for all 21 local boards to agree their single representative. The recommended option (Option A) proposed in this report will enable the process to be completed as quickly as possible, on the first working day after the eight week period. The LGNZ secretariat has indicated this would be acceptable.

39. If all local boards do not endorse the same process (Option A), this would affect how quickly the appointment is able to be made.

Ngā koringa ā-muri

Next steps

40. The Governing Body will be making their appointment in November 2019 including appointment of Auckland Council representatives to the sector groups.

41. Appointments of Auckland Council seats to the LGNZ National Council will be communicated to the LGNZ by 6 December 2019.

42. Staff will work with the appointed representatives of Auckland Council to make arrangements for the first Auckland Council/LGNZ meetings.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Shirley Coutts - Principal Advisor - Governance Strategy

Authorisers

Louise Mason - GM Local Board Services

Eric Perry - Relationship Manager