I hereby give notice that an ordinary meeting of the Kaipātiki Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 20 November 2019

4:00pm

Kaipātiki Local Board Office

90 Bentley Avenue,

Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Ann Hartley, JP

 

 

Melanie Kenrick

 

 

Cindy Schmidt

 

 

Andrew Shaw

 

 

Adrian Tyler

 

 

(Quorum 4 members)

 

 

 

Jacinda Short

Democracy Advisor - Kaipātiki

 

13 November 2019

 

Contact Telephone: (09) 484 6236

Email: jacinda.short@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

 


Kaipātiki Local Board

20 November 2019

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       6

7          Petitions                                                                                                                          6

8          Deputations                                                                                                                    6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        New community lease to Northart Society Incorporated at Norman King Square, 65 Pearns Crescent, Northcote                                                                                         9

12        Renewal of community lease to Hearts and Minds NZ Incorporated at the Norman King Building, R 65 Pearn Crescent, Northcote                                                       19

13        New community lease to New Zealand Playcentre Federation Incorporated at Hillcrest Reserve, 51 Hillcrest Avenue, Hillcrest                                                     25

14        Local board governance work management for the 2019-2022 triennium           37

15        Local board appointments and delegations for the 2019-2022 electoral term     43

16        Process for appointment of Local Government New Zealand National Council representative                                                                                                              51

17        Adoption of a business meeting schedule                                                               57

18        Urgent decision-making process                                                                               61

19        Kaipātiki Local Board Chairperson's Report                                                            65

20        Members' Reports                                                                                                        67

21        Governing Body and Independent Maori Statutory Board Members' Update      69  

22        Consideration of Extraordinary Items 

 

 


1          Welcome

 

 

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.  

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; and

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 Kaipātiki Local Board:

a)         confirm the extraordinary minutes of its Inaugural Ceremony meeting, held on Wednesday, 30 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 Kaipātiki 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.”


Kaipātiki Local Board

20 November 2019

 

 

New community lease to Northart Society Incorporated at Norman King Square, 65 Pearns Crescent, Northcote

File No.: CP2019/18842

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To grant a new community lease to Northart Society Incorporated at Norman King Square, 65 Pearns Crescent, Northcote.

Whakarāpopototanga matua

Executive summary

2.       Northart Society Incorporated holds an operative community lease for part of the council-owned building at Norman King Square, 65 Pearns Crescent, Northcote.

3.       The lease will expire on 30 November 2019 and will remain operative on a month-by-month basis until terminated or a new lease is formalised.

4.       Northart Society Incorporated has applied for a new community lease. The art gallery operates on a 12-month calendar for exhibitions. A new community lease will provide security of tenure and enable the group to secure funding.

5.       The council-owned building is captured in the Unlock Northcote project. Any new lease needs to consider the Unlock Northcote project.

6.       In consultation with Panuku Development Auckland’s (Panuku’s) Unlock Northcote project managers, staff recommend that a new community lease be granted to Northart Society Incorporated for a term of three (3) years commencing 1 October 2019 with one right of renewal for a further three (3) years and with a 12-month early termination clause.

7.       After assessing the group’s application, staff are satisfied that the group meets the requirements for a new lease under Auckland Council’s Community Occupancy Guidelines 2012.

8.       The recommendations within this report align with the Kaipātiki Local Board Plan 2017 outcomes: “Our community facilities and infrastructure are high quality and well managed”, and “Services are well managed and meet community needs”.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      grant a new community lease to Northart Society Incorporated for a portion of the ground floor within the Norman King Building, 65 Pearns Crescent, Northcote legally described as Lot 4 DP 92328 and Allotment 651 Parish of Takapuna more clearly identified on Attachment A of the agenda report on the following terms and conditions:

i)   term - three (3) years commencing 1 December 2019 with one right of renewal for a further term of three (3) years

ii)  final expiry – 30 November 2025

iii) rent - $1.00 plus GST per annum if demanded

iv) Maintenance fee - $500.00 plus GST per annum

v)  Early termination clause – by either party giving 12 months’ notice.

b)      approve the Northart Society Incorporated’s Community Outcomes Plan which will be appended to the lease and is attached to the agenda report as Attachment B.

c)      note that all other terms and conditions will be in accordance with Auckland Council’s Community Occupancy Guidelines 2012 and the Local Government Act 2002.

 

Horopaki

Context

9.       This report considers the new community lease to Northart Society Incorporated for a portion of the ground floor of the council-owned building at Norman King Square, 65 Pearns Crescent, Northcote.

10.     The Kaipātiki Local Board holds allocated decision-making in relation to local, sport and community facilities, including community leasing matters.

Land, building and lease

11.     The gallery occupies a large portion of the ground floor of 65 Pearns Crescent on land legally described Lot 4 DP 92328 and Allotment 651 Parish of Takapuna. Both parcels are held in fee simple by Auckland Council under the Local Government Act 2002.

12.     In accordance with Section 138 of the Local Government Act 2002 (LGA), a local authority must consult on the proposal to grant a new lease for more than six (6) months if it has the effect of excluding or substantially interfering with the public’s access to the ‘park’.

13.     The definition of ‘park’ under section 138 of the LGA means “land acquired or used principally for community, recreational, environmental, cultural or spiritual purposes.

14.     Public notification of the proposed new lease to Northart is exempt from public notification as it does not impact the public’s current access to the park as:

i)     the lease is in line with the historic, current and expected short-term future use of the building

ii)     a lease will enable the public access to the art facility.

15.     The land currently forms part of a community hub that includes Northart, the Library, Citizens Advice Bureau and community development agency Hearts and Minds.

16.     The building is council-owned and the site is included in the Unlock Northcote project. Community leasing staff have consulted with Panuku to ensure that any proposed new lease is in line with the project’s timeline.

17.     The reduced lease term and early termination clause is supported by Panuku as it aligns to the timeline for the Unlock Northcote project. Panuku have indicated that it cannot foresee any need for the building until at least 1 October 2022.

18.     The lease area is approximately 451m2 (more or less) and is more accurately represented by the area delineated in red on Attachment A and marked Unit 1, Unit 1A, Unit 4 and Unit 6.

19.     To ensure council-owned buildings are tenantable and fit for purpose, a building condition assessment is carried out prior to the granting of a new lease. A building condition assessment was not required for this report as the building is likely to be repurposed or removed in the near future as part of the Unlock Northcote project.

20.     Under the Community Occupancy Guidelines 2012, the recommended term for a council-owned building is five years with one right of renewal for a further five years. Due to the uncertainty of the building’s future, staff recommend a term of three years with one right of renewal for a further three years.

21.     Due to the changing landscape within the Northcote area, the Unlock Northcote Project and the 12-month exhibition calendar of the art gallery, staff recommend that a 12-month early termination clause be included as a condition in the lease agreement.

22.     The 12-month early termination clause will allow the gallery sufficient time to relocate without disrupting their exhibition calendar which works on a 12-month schedule. Additionally, the early termination clause will provide council with some flexibility should timelines for the Unlock Northcote project be brought forward.

Northart Society Incorporated

23.     The Northart Society Incorporated (formerly the Westshore Community Arts Council Incorporated) was formed in 1998. Its aims are to encourage the practice and appreciation of arts, to provide and govern a venue to cater for exhibitions, performance and the development of visual arts and to the assist the Kaipātiki Local Board to fulfil its arts and culture objectives.

24.     The gallery has 214 members from across the Auckland region.

25.     Although the gallery is located in the Kaipātiki Local Board area, the service it provides to the arts community is regional.

26.     The gallery recorded 13,227 visitors during the 2017/2018 reporting year. The 2018/2019 figures will be available later in 2019.

27.     The gallery provides a space for local and national artists to showcase their work.  The gallery runs up to 45 exhibitions a year. The exhibitions provide artists an opportunity to not only showcase their work but to sell them as well. The commission on the artists’ sales contribute to the operational costs of the gallery.

28.     Each exhibition has an official opening which is free to attend as is the exhibitions themselves.

29.     The gallery also raises funds by hosting a series of movie nights for a small fee.

30.     The gallery operates other programmes for the community, such as an art programme for children which is well attended, and a series of free art seminars.

31.     The gallery’s premises comprise a few different spaces, one of which is separated from the main gallery and can be used by other groups. The gallery provides this space to a variety of community groups free of charge. The groups include a dance school, language school, cultural groups and a support group.

32.     The gallery’s operational costs are funded by membership fees, art sales, funding and grants. The accounts are audited on an annual basis and it maintains a reserve fund in case of unforeseen expenditure.

Tātaritanga me ngā tohutohu

Analysis and advice

33.     Auckland Council’s Community Occupancy Guidelines 2012 set out the criteria for community occupancy agreements. The procedure for a new lease of council-owned buildings is to call for expressions of interest from community groups. This allows an assessment of proposals to ensure the best community outcomes are delivered.

34.     Local boards, however, have the discretion to forego seeking expressions of interest where suitable tenants are identified.

35.     Normally, for council-owned buildings, a lease term of five years with one right of renewal for a further five years is recommended.

36.     However, local boards have discretion to vary the term of the lease if it wishes. In the current scenario, taking on board feedback from Panuku, a lease term of three (3) years with one right of renewal for a further term of three (3) years is recommended. This will align the new lease with Panuku having indicated that it cannot foresee any need for the building until at least 1 October 2022.

37.     Council staff advise that Northart Society Incorporated meet the requirements under the guidelines to qualify for new community lease as evidenced below:

i)     it is a registered incorporated society;

ii)     it has complied with the terms of the operative lease;

iii)    it has a history of delivering quality services to the local community;

iv)   Northart Society Incorporated has provided a copy of its financial accounts which indicate that its funds are sufficient to meets its liabilities and that it possesses adequate financial reserves; and

v)    Northart Society Incorporated is managed appropriately as evidenced by its longevity and variety of programmes offered.

Tauākī whakaaweawe āhuarangi

Climate impact statement

38.     The designated impact level of the recommended decision on greenhouse gas emissions is “no impact” because the proposal continues an existing activity and does not introduce any new sources of emissions.

39.     Climate change has an unlikely potential to impact the lease as the site is not in close proximity of the coast.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

40.     The proposed lease has identified impacts on other parts of the council group. The views of Panuku and council’s Arts, Culture and Events team were required for the preparation of this report’s advice.

41.     Panuku requested the proposed new lease be in line with the timeline they have for their Unlock Northcote project, and be consistent with the term of commercial leases within the Northcote Central town centre.

42.     The Arts and Culture advisor for the Kaipātiki area supports a new lease to Northart.

43.     Council’s Service, Strategy and Integration team were also consulted as they are part of the larger Unlock Northcote project. The proposed lease is supported on the terms as described.

44.     The proposed new lease has no identified impacts on other parts of the council group. The views of other council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

45.     The new lease to Northart Society Incorporated is contemplated in the Kaipātiki Community Lease Work Programme 2019/2020 and approved by resolution number KT/2019/119.

46.     A memo recommending a new lease was circulated to the local board on the 24 July 2019. No issues were raised at this time.

47.     The recommendations within this report fall within the local board’s allocated decision-making authority relating to local, recreation, sport and community facilities.

Tauākī whakaaweawe Māori

Māori impact statement

48.     Iwi engagement has been undertaken and involved a presentation at the North-West Mana Whenua Forum held at Orewa Service Centre on 5 June 2019.

49.     Section 81 of the Local Government Act 2002 requires engagement with iwi. Iwi engagement on the proposed lease took place from 6 August 2019 to 3 September 2019. Detailed information on the land and Northart Society Incorporated’s proposed occupation was forwarded to mana whenua, inviting iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural or environmental impact with respect to the proposal.

50.     No objections were raised and there were no requests for hui or kaitiaki site visits received from any of the iwi groups who responded.

Ngā ritenga ā-pūtea

Financial implications

51.     There are no cost implications to the local board approving a new lease to Northart Society Incorporated.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

52.     Should the Kaipātiki Local Board resolve not to grant a new lease to Northart Society Incorporated the group’s ability to undertake its core activities will be materially affected.

53.     Risks relating to the future of the building is mitigated by inserting an early-termination clause in the proposed occupancy agreement.

Ngā koringa ā-muri

Next steps

54.     Subject to the grant of a new community lease, council staff will work with the group to finalise the new lease document.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

20 November 2019 - Kaipātiki Local Board Business Meeting - Attachment A Site Plan Northart

13

b

20 November 2019 - Kaipātiki Local Board Business Meeting - Attachment B NorthArt Community Outcomes Plan

15

      

Ngā kaihaina

Signatories

Authors

Phillipa Carroll - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

20 November 2019

 

 

PDF Creator


Kaipātiki Local Board

20 November 2019

 

 

PDF Creator


 

PDF Creator


Kaipātiki Local Board

20 November 2019

 

 

Renewal of community lease to Hearts and Minds NZ Incorporated at the Norman King Building, R 65 Pearn Crescent, Northcote

File No.: CP2019/18850

 

  

Te take mō te pūrongo

Purpose of the report

1.       To grant a renewal of the community lease to Hearts and Minds NZ Incorporated at the Norman King Building, R 65 Pearn Crescent, Northcote.

2.       To vary the existing community lease to provide for an early termination clause.

Whakarāpopototanga matua

Executive summary

3.       Hearts and Minds are a community development agency with an integrated focus on community wellbeing. It was previously known as North Shore Community Health Network Incorporated.

4.       Hearts and Minds have a community lease for part of the premises in the council-owned building at R65 Pearn Crescent, Northcote, locally referred to as Norman King Square.

5.       Hearts and Minds have applied to renew their lease for a five-year period as provided for in the lease agreement.

6.       The initial term of the lease expires on the 31 December 2019. The agreement allows for one right of renewal for a further term of five years.

7.       The Norman King Building is situated on a parcel of land within the Northcote central township.

8.       Panuku Development Auckland (Panuku), in partnership with the Kaipātiki Local Board, are working on the Unlock Northcote project. The project’s vision is to provide for a regenerated Northcote anchored by community, culture and business. Panuku has requested a nine-month termination clause be provided for in the deed of renewal.

9.       The first phase of the project is to create a vibrant heart within the Northcote central township. This phase will include the parcel of land on which the Norman King Building sits.

10.     A lease renewal for community leases within the Norman King Building needs to be flexible so as to allow for Panuku to repurpose the building and or site as part of the wider Unlock Northcote project.

11.     Panuku has requested the nine-month termination clause on the lease renewal to allow for this.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      grant a renewal of the community lease to Hearts and Minds NZ Incorporated for the upstairs portion of the Norman King Building at R65 Pearn Crescent, Northcote with an area of 409 m² (more or less), and delineated in red in Attachment A of the agenda report subject to the following:

i)     term – five years commencing 1 January 2020

ii)     rent – $1.00 plus GST per annum if requested

iii)    an operational charge – $10,225.00 per annum plus GST

iv)   a variation to the existing lease to provide for a nine-month early termination clause.

b)      note all other terms and conditions be in accordance with the original lease agreement dated 10 March 2015.

 

Horopaki

Context

12.     This report considers a lease renewal to Hearts and Minds NZ Incorporated.

13.     The Kaipātiki Local Board holds allocated decision-making authority relating to local, recreation, sport and community facilities, including community leasing matters.

Land and buildings

14.     Hearts and Minds NZ Incorporated occupies the upstairs portion of the Norman King Building at R65 Pearn Crescent, Northcote, on land legally described Lot 4 DP 92328 contained in NZ48D/969 and Allotment 651 Parish of Takapuna contained in NA47A/938. Both land parcels are held in fee simple by Auckland Council under the Local Government Act 2002.

15.     The building is part of the wider Unlock Northcote project. The building houses other community leases and a commercial lease managed by Panuku. Building maintenance is currently at a minimum and there are no planned capital upgrades as the building structure is dependent on the wider Unlock Northcote project.

Hearts and Minds

16.     Hearts and Minds has been operating in the North Shore area under different names for over 40 years.  Its objectives are to provide a framework for the coordination of activities and facilities designed to promote the well-being of the communities.

17.     The group was previously known as North Shore Community Health Network Incorporated. The group changed its name on 15 June 2017 to Hearts and Minds.

18.     The group has been operating out of the Norman King Building since 2007. In 2014 the group extended its leased area to enable it to provide additional services.

19.     In the previous year, the group reported over 12,000 users of one of their 433 community activities or services.

20.     Multiple community groups hire out the space on an ad-hoc basis. Activities include language classes, art and music therapy and town centre meetings. The hireage assists with operational costs.

21.     The group has strong ties to local iwi and regularly engage with kaumatua on tikanga Maori in relation to health and social services.

22.     Hearts and Minds is a not-for-profit community agency that is funded via grants, contracts, fundraising and donations.

23.     The group has an effective governance policy which is evidenced by its longevity and extent of services provided.

24.     Its accounts are audited annually, and the group has a reserve fund in case of unforeseen expenditure.

25.     A site visit was conducted on 3 September 2019 where it was found the facility was well maintained and well utilised. Council’s Service, Strategy and Integration (SS&I) team also attended the site visit for the purpose of informing the group on the process regarding engagement and consultation with council on the Unlock Northcote project.

Tātaritanga me ngā tohutohu

Analysis and advice

26.     The Norman King Building is part of the wider Unlock Northcote project. The lease renewal has been considered by the Unlock Northcote project team.

27.     Panuku has recommended that a nine-month early termination clause be added to the lease renewal. This is in line with the terms and conditions of the current Panuku managed leases in Northcote Central. The clause will state that the termination provision cannot be invoked until 1 April 2021. This will allow flexibility for both Panuku and Hearts and Minds during the Unlock Northcote Project. If an early termination clause is not included council will not be able to request the tenant leave until expiry of lease which may potentially cause delays in the Unlock Northcote Project as council will not be able to repurpose the building or land.

28.     Staff have determined that Hearts and Minds NZ Incorporated meet the renewal requirements under the terms of the original lease as evidenced below:

i)     it is still a registered incorporated society;

ii)     it has complied with the terms of the operative lease;

iii)    it has a history of delivering quality services to the local community;

iv)   Hearts and Minds NZ Incorporated has provided a copy of its financial accounts, which indicate that its funds are sufficient to meets its liabilities and that it possesses adequate financial reserves; and

v)    the group is managed appropriately as evidenced by its longevity and programmes offered.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29.     The designated impact level of the recommended decision on greenhouse gas emissions is “no impact” because the proposal continues an existing activity and does not introduce any new sources of emissions.

30.     Climate change has an unlikely potential to impact the lease as the site does not sit within a flooding zone or in close proximity of the coast.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31.     Staff obtained feedback from council’s Service Strategy and Integration and Community Places teams, along with Panuku regarding the proposed lease. All departments support Hearts and Minds NZ Incorporated and the lease renewal.

32.     It has been recommended that the renewal incorporates a nine-month early termination clause to ensure it does not impede the new Unlock Northcote Project.

33.     The proposed lease has no identified impacts on other parts of the council group.

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

Local impacts and local board views

34.     The lease renewal to Hearts and Minds NZ Incorporated is contemplated in the Kaipātiki Community Lease Work Programme 2019/2020.

35.     The recommendations within this report fall within the local board’s allocated decision-making authority relating to local, recreation, sport and community facilities.

Tauākī whakaaweawe Māori

Māori impact statement

36.     There is no change in use or operational activities taking place on the land, therefore council are not required to engage with iwi.

Ngā ritenga ā-pūtea

Financial implications

37.     There are no cost implications for the local board approving a lease renewal to Hearts and Minds NZ Incorporated.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38.     Should the Kaipātiki Local Board resolve not to grant a renewal of the community lease to Hearts and Minds NZ Incorporated, this decision will materially affect the group’s ability to undertake its core activities.

Ngā koringa ā-muri

Next steps

39.     Subject to the grant of a renewal of a community lease, council staff will work with the group to finalise the deed of renewal.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

20 November 2019 - Kaipātiki Local Board Business Meeting - Attachment A - Site Plan Hearts and Minds

21

     

Ngā kaihaina

Signatories

Authors

Phillipa Carroll - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

20 November 2019

 

 

PDF Creator


Kaipātiki Local Board

20 November 2019

 

 

New community lease to New Zealand Playcentre Federation Incorporated at Hillcrest Reserve, 51 Hillcrest Avenue, Hillcrest

File No.: CP2019/18846

 

  

Te take mō te pūrongo

Purpose of the report

1.       To grant a new community lease to New Zealand Playcentre Federation Incorporated at Hillcrest Reserve, 51 Hillcrest Avenue, Hillcrest.

Whakarāpopototanga matua

Executive summary

2.       New Zealand Playcentre Federation Incorporated, formerly known as the North Shore Playcentre Association Incorporated, holds an operative community lease for a site at Hillcrest Reserve, 51 Hillcrest Avenue, Hillcrest. The lease will expire on 31 March 2020.

3.       On 4 June 2019, North Shore Playcentre Association Incorporated merged into a national playcentre organisation.  All new leases are to be in the name of New Zealand Playcentre Federation Incorporated.

4.       New Zealand Playcentre Federation Incorporated has applied for a new community lease. The building and improvements on the site are owned by New Zealand Playcentre Federation Incorporated.

5.       After assessing the group’s application, staff are satisfied that the group meets the requirements for a new lease under Auckland Council’s Community Occupancy Guidelines 2012.

6.       Staff recommend that a new community lease be granted to New Zealand Playcentre Federation Incorporated - Onepoto for a term of ten (10) years commencing 1 April 2020 with one right of renewal for a further ten (10) years.

7.       The recommendations within this report align with the Kaipātiki Local Board Plan 2017 outcomes: “Our community facilities and infrastructure are high quality and well managed”, and “Services are well managed and meet community needs”.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      grant a new community lease to New Zealand Playcentre Federation Incorporated at Hillcrest Reserve, 51 Hillcrest Avenue, Hillcrest for Part Lot 69 DP 18327 shown outlined in red and marked A on Attachment A of the agenda report on the following terms and conditions:

i)     term - ten (10) years commencing 1 April 2020 with one right of renewal for a further term of ten (10) years; and

ii)     rent -$1.00 plus GST per annum if demanded.

b)      approve New Zealand Playcentre Federation Incorporated - Onepoto Community Outcomes Plan (Attachment B to the agenda report) to be appended to the lease.

c)      note that all other terms and conditions will be in accordance with Auckland Council’s Community Occupancy Guidelines 2012 and the Reserves Act 1977.

Horopaki

Context

8.       This report considers the new community lease to New Zealand Playcentre Federation Incorporated at Hillcrest Reserve, 51 Hillcrest Avenue, Hillcrest.

9.       The Kaipātiki Local Board holds allocated decision-making authority relating to local, sport and community facilities, including community leasing matters.

Land, building and lease

10.     The playcentre occupies land at Hillcrest Reserve. Hillcrest Reserve is legally described as Part Lot 69 DP 18327 and marked “A” on SO 58428 and is held by the Crown through the Department of Conservation (DOC) as a classified local purpose (community buildings) reserve, subject to the provisions of the Reserves Act 1977, and vested in Auckland Council, in trust, for local reserve purposes.

11.     The proposed ground lease is approximately 785m2 (more or less) and is more accurately represented by the area delineated in red and marked A on Attachment A of the agenda report.

12.     The playcentre owns the building and improvements. A site visit was conducted on 2 July 2019, where the building and improvements were found to be well maintained and well utilised. The building has been re-clad in the last few years and the centre has installed two new heat pumps. The playcentre has a proactive maintenance plan in place, which includes annual working bees and soft washing all of the buildings.

13.     The purpose-built facility and grounds provide a playcentre for the local community of Hillcrest and Glenfield. The building has a large open plan space for the families to learn and play that includes a covered porch for outside play. There is also a small replica building outside that is utilized as a playhouse. The grounds have been landscaped to provide multiple play areas.

14.     In accordance with the Reserves Act 1977, a lease on a local purpose reserve can be granted without public notification but with mana whenua engagement if the activity is specified in the purpose of the classification.  The proposed new community lease was presented at a Mana Whenua Forum held on 5 June 2019.

Playcentre

15.     The purpose of the playcentre is to provide the community with a hub for families where parents and caregivers as first educators are welcomed and supported.

16.     The playcentre is open to all children up to five-years of age and requires parents and caregivers to be involved. The playcentre also runs parent classes which helps foster a sense of community and belonging for the whole family.

17.     The playcentre currently has 34 children enrolled with 27 adults as first teachers. The children are from a range of ethnic communities.

18.     The Onepoto playcentre opened in 1966. This centre has a strong philosophy of incorporating nature and the outdoors into its curriculum.

19.     The playcentre is a licensed early childhood provider and its curriculum incorporates Te Reo. Many learning stories are in Te Reo and all sessions encourage the use of Te Reo.

20.     Operational costs of the association are funded by fees, fundraising and funding from the Ministry of Education. The accounts are audited annually, and the playcentre has a reserve fund in case of unforeseen expenditure.

 

Tātaritanga me ngā tohutohu

Analysis and advice

21.     Auckland Council’s Community Occupancy Guidelines 2012 sets out the criteria for community occupancy agreements.

22.     Under the guidelines, the playcentre has an automatic right to reapply for a new lease at the end of its occupancy term, a right which it is exercising. It is recommended that a new lease be granted to the playcentre for a term of 10 (ten) years with one right of renewal for a further term of 10 (ten) years, in line with the guidelines.

23.     Local boards have discretion to vary the term of the lease if it wishes. The guidelines suggest that where a term is varied, it aligns to one of the recommended terms contained in the Community Occupancy Guidelines 2012.

24.     Council staff are of the opinion that New Zealand Playcentre Federation Incorporated meet the requirements under the guidelines to qualify for a new community lease as evidenced below:

i)     it is a registered incorporated society;

ii)     it has complied with the terms of the operative lease;

iii)    it has a history of delivering quality services to the local community;

iv)   New Zealand Playcentre Federation Incorporated has provided a copy of its financial accounts which indicate that its funds are sufficient to meets its liabilities and that it possesses adequate financial reserves;

v)    the playcentre has all the necessary insurance cover, including public liability insurance; and

vi)   New Zealand Playcentre Federation Incorporated is managed appropriately as evidenced by its longevity and extent of programmes offered.

Tauākī whakaaweawe āhuarangi

Climate impact statement

25.     The designated impact level of the recommended decision on greenhouse gas emissions is “no impact” because the proposal continues an existing activity and does not introduce any new sources of emissions.

26.     Climate change has an unlikely potential to impact the lease as the site does not sit within a flooding zone or in close proximity of the coast.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27.     The proposed lease has no identified impacts on other parts of the council group. The views of other council-controlled organisations were not required for the preparation of the advice presented in this report.

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

Local impacts and local board views

28.     The new lease to New Zealand Playcentre Federation Incorporated is contemplated in the Kaipātiki Community Lease Work Programme 2019/2020, as approved by resolution number KT/2019/119.

29.     A memo to the local board recommending a new lease was circulated to the board on 30 July 2019. No issues were raised.

30.     The recommendations within this report fall within the local board’s allocated decision-making authority relating to local, recreation, sport and community facilities.

Tauākī whakaaweawe Māori

Māori impact statement

31.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

32.     The community outcomes plan stipulates that Maori whanau initiatives are to be incorporated in the centre’s key performance indicators. 

33.     Iwi engagement has been undertaken and involved:

i)    a presentation at the North-West Mana Whenua Forum held at Orewa Service Centre on 5 June 2019; and

ii)   formal, written engagement commenced on 30 July 2019 and concluded on 30 August  2019. Detailed information on the land and New Zealand Playcentre Federation Incorporated’s proposed occupation was forwarded to mana whenua, inviting iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural or environmental impact with respect to the proposal.

34.     No objections were raised, and there were no requests for hui or kaitiaki site visits received from any of the iwi groups who responded.

Ngā ritenga ā-pūtea

Financial implications

35.     There are no cost implications to the local board approving a new lease to New Zealand Playcentre Federation Incorporated.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

36.     Should the Kaipātiki Local Board resolve not to grant a community lease to New Zealand Playcentre Federation Incorporated, this decision will materially affect the group’s ability to undertake its core activities.

Ngā koringa ā-muri

Next steps

37.     Subject to the grant of a new community lease, council staff will work with the group to finalise the new lease document.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

20 November 2019 - Kaipātiki Local Board Business Meeting - Site Plan New Zealand Playcentre Federation Inc 

29

b

20 November 2019 - Kaipātiki Local Board Business Meeting - New Zealand Playcentre Fedreration Inc Community Outcomes Plan

31

     

Ngā kaihaina

Signatories

Authors

Phillipa Carroll - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

20 November 2019

 

 

PDF Creator


Kaipātiki Local Board

20 November 2019

 

 

PDF Creator


 

PDF Creator


 

PDF Creator


Kaipātiki Local Board

20 November 2019

 

 

Local board governance work management for the 2019-2022 triennium

File No.: CP2019/19010

 

  

Te take mō te pūrongo

Purpose of the report

1.       To outline the options for efficiently and effectively managing the governance work of the local board for 2019-2022 triennium.

Whakarāpopototanga matua

Executive summary

2.       At the end of each triennium the Local Board Services (LBS) department delivers a review of local board work practices, including the organisational support they require and how well they support the boards in their governance role. The 2016-2019 triennium review gathered feedback from local board members, and staff from LBS and other council departments and council-controlled organisations (CCOs).

3.       In response to the review, this report outlines a recommended approach for local boards to manage their governance workload as follows:

·   maintain a key focus on annual work programmes and their implementation through quarterly reporting and regular workshops with the whole local board, with decisions made at business meetings;

·   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; and

·   appoint nominated local board members to external organisations.

4.       These practices support the local board to undertake their governance role in an efficient and effective way, reflect the priority work of the local board and help the organisation focus its resources. Some of these practices require a decision of the local board, such as specific appointments of local board members, and separate reports cover these recommendations and associated advice.

5.       Local boards are also able to identify topic area leads who would act as a champion with the local board on specific topic areas. Leads would focus on work programme activities / projects within their topic areas and understanding relevant community needs and preferences, thereby enabling other members to focus their time on other parts of the board’s workload.

6.       The review feedback suggests the following advantages for having a full board involved in direction-setting discussions on issues, rather than identifying topic area leads:

·   staff are confident that the direction is the view of the whole board rather than one member;

·   knowledge and information is retained by the full local board rather than one member; 

·   discussions with staff are less likely to enter into management or operational level detail; and

·   it avoids inefficient duplication, when conversations are held between staff and a lead, and then repeated with the full local board.

7.       The feedback from the review highlighted that if a board does appoint topic area leads, the risks should be mitigated by providing a clear scope for that role and ensuring it does not lead to inefficiency or adversely affect staff receiving clear direction from the full local board.

 

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      endorse the following approach to effectively and efficiently manage the governance work of the local board for the 2019-2022 triennium:

i)        maintain a key focus on annual work programmes and their implementation through quarterly reporting and regular workshops with the whole local board, with decisions made at business meetings;

ii)       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; and

iii)      appoint nominated local board members to external organisations.

 

Horopaki

Context

8.       The governance role of an elected member is to:

·   set direction and policy;

·   set priorities;

·   make significant decisions;

·   test advice;

·   monitor performance and risk;

·   connect with and represent the community; and

·   be accountable to the public.

9.       At the end of each triennium the Local Board Services (LBS) department undertakes a review of the work practices of, and organisational support provided for, local boards and how this supports them in their governance role. Previous reviews have noted the progress the organisation has made in supporting the governance role of local boards over the past nine years. Improved support and delivery from the organisation have enabled local board members’ time to be used in a more effective and efficient manner as the governance model has matured.

10.     During the 2016-2019 triennium review, feedback was gathered from local board members and staff from LBS and other council departments and council-controlled organisations (CCOs) who work with local boards.

11.     Key themes from local board members related to having topic area leads. Both positives and negatives were identified.

12.     Key themes from staff were that clear direction is given from the full local board and local board members operate at the governance level. Staff identified both positive and negatives aspects of having topic area leads.

13.     The findings from the review have informed the content of this report.

Tātaritanga me ngā tohutohu

Analysis and advice

Work practices supporting the governance role of local boards (recommended approach)

14.     There are established work practices in place which support the governance role of local boards as follows:

·   Local boards adopt an annual work programme each June for implementation by the council organisation in the next financial year (July-June). Local boards maintain a key focus on these annual work programmes and their implementation through quarterly reporting and regular workshops with the whole local board, with decisions made at business meetings.

·   Local boards appoint a nominated local board member who will be consulted on landowner consents and events by staff carrying out their delegations. Local boards can also appoint a nominated local board member to provide feedback and attend hearings on liquor licences and notified resource consents to ensure that local board views are taken into account in these timebound processes. These appointments are made via a separate report.

·   Local boards appoint nominated local board members to external organisations (via separate report) to exercise their role in the external organisation as per the relevant constitution on behalf of the local board.

15.     Together these practices constitute the recommended approach for managing the governance work of the local board for the 2019-2022 triennium, reflect the priority work of the local board and are the focus of the organisation’s staff and resources.

16.     This approach allows all members to have an overview and collective understanding of work programme matters, and for the whole local board to be able to provide direction to staff and track performance and delivery throughout the financial year. It also enables collective discussions that utilise individual member’s skills and knowledge and ensures elected member and staff time are used effectively and efficiently.

17.     Transparency to the public is ensured by local board decisions occurring through the formal business meeting process with associated standing orders.

Optional addition: Topic area leads (not recommended)

18.     An optional addition to the recommended approach is that the local board identifies topic area leads. Leads would:

·   act as a champion for the topic area in full local board conversations;

·   focus on work programme activities/ projects within their topic area;

·   maintain relationships with key stakeholders; and

·   understand relevant community needs and preferences.

19.     Leads may also:

·   be appointed as the nominated local board member to provide feedback on behalf of the board on relevant matters (e.g. landowner consents) and appointed to related external organisations

·   undertake learning and development opportunities and attend conferences (using their individual development budget provided as part of the Kura Kāwana development programme) relevant to the topic area

·   highlight relevant issues and emerging priorities during local board plan and work programme development

·   act as a key contact for community groups and members of the public on the topic area.

20.     Topic area leads would enable individual local board members to use existing or build new knowledge and expertise in the topic area and enable other members to focus their time on other parts of the governance workload.

21.     Should the local board identify topic area leads, there are the following risks to consider:

·   a member may provide direction or views which do not reflect those of the full local board;

·   staff may seek direction from a topic area lead instead of the full local board, or seek direction from a topic area lead prior to the full local board, resulting in duplication of work;

·   key knowledge and information on a topic may be retained with the topic area lead and not shared with the whole local board; and

·   a topic area lead may enter into discussions at the management or operational level if meeting regularly with staff without a clear governance purpose for the discussion.

22.     These risks can be addressed by:

·   using the workshop process as the mechanism for all local board members to receive updates and provide governance direction on approved work programme projects; and

·   clarifying the limited resources available to any topic area lead.

23.     Staff resourcing is focussed on work programme development and delivery, along with advice to support workshops and business meetings. Topic area leads can be supported by staff to undertake the following responsibilities:

·   when issues arise at a full board workshop, the lead can be directed to meet with staff on that issue and explore solutions; staff would report back to the full board for direction, and the lead can assist with explanation and support during that discussion;

·   develop local board feedback on regional policies, plans and strategies relevant to the topic area, for full local board approval;

·   respond to constituent enquiries relevant to the topic area; and

·   report back to the local board at workshops, and publicly via board member reports at business meetings, on the activities undertaken as the topic area lead.

24.     If a local board does want to appoint topic area leads, it may wish to consider identifying alternates. The role of the alternate would be to support the topic area lead in their responsibilities and undertake any roles the lead has been formally appointed by the whole board when the lead is unavailable. Having an alternate means that the information, knowledge, skills and workload can be shared by more than one member, but it could also lead to confusion between the two roles where the alternate acts as a co-lead.

25.     If a local board’s preference is to appoint topic area leads, this will require a local board decision via a resolution to this report.

Tauākī whakaaweawe āhuarangi

Climate impact statement

26.     This report is procedural in nature so does not have direct climate impacts. However, a key focus for the council in the current term will be how it responds to the climate emergency and this may be a consideration for how local boards manage their governance work.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27.     Feedback was gathered from staff from the LBS department, and other departments and CCOs who work with local boards, about practices to manage the local board governance work through the 2016-2019 triennium review.

28.     The practices used by a local board to manage their governance work can impact on the efficiency of staff engagement with members. Some variation in practices is required to reflect local differences, but overall large differences in work practices is challenging and consistency is beneficial.

29.     In light of this, Local Board Services has provided consistent advice and recommendations on work practices to all local boards to consider when making decisions on how they will manage their governance work for the 2019-2022 triennium.

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

Local impacts and local board views

30.     Feedback was gathered from local board members about practices to manage local board governance work through the 2016-2019 triennium review. This included: a workshop attended by 13 local board members from 10 local boards; and a survey to all members, with responses provided by 29 members, from 13 local boards.  

31.     The practices used by a local board to manage their governance work can impact efficiency and effectiveness of engagement with communities and the opportunities that members have to provide local leadership beyond the formal decision-making process.

32.     The topic of managing the governance work of the local board was discussed at a workshop on 6 and 13 November 2019, as part of the Kaipātiki Local Board induction programme for the 2019-2022 triennium.

Tauākī whakaaweawe Māori

Māori impact statement

33.     This decision is procedural in nature so does not have immediate impacts on Māori.

Ngā ritenga ā-pūtea

Financial implications

34.     This decision is procedural in nature so does not have any financial implications.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

35.     The risks and mitigations of having topic area leads are outlined in the ‘Analysis and Advice’ section of this report.

36.     Risks relating to any specific decision required for the work practices that form the recommended approach are outlined in the respective separate reports relating to those decisions.

Ngā koringa ā-muri

Next steps

37.     Staff from the Local Board Services department will work with staff from other departments and CCOs to ensure the practices of the local board are implemented.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Emma Reed - Local Board Advisor

Authorisers

Kerri Foote – Operations and Improvements Manager

Oliver Roberts – Central Teams Manager

Louise Mason – General Manager Local Board Services

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

20 November 2019

 

 

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

File No.: CP2019/19011

 

  

Te take mō te pūrongo

Purpose of the report

1.       To recommend that the Kaipātiki 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;

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

·      participate on political working parties.

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.

6.       During the 2016 – 2019 electoral term, the local board formed several political working parties to receive regular project updates and to provide informal feedback to staff on the direction being taken for the projects. It is recommended the board confirm the appointments or appoint new members to the working parties.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki 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.

g)      confirm the appointments to the following political working parties or appoint new members for the 2019 – 2022 political term with the responsibility to receive regular project update and provide informal feedback to staff on the direction being taken for the project, noting all decisions regarding the project will be taken by the local board at its business meetings:

i)     Birkenhead War Memorial Masterplan working group – Danielle Grant, John Gillon, Paula Gillon

ii)     Open Space Network Plan working group – John Gillon, Danielle Grant

iii)    Local Park management plan working group – John Gillon, Danielle Grant

iv)   Glenfield Centre Plan working group – John Gillon and Danielle Grant  

h)      appoint local board member Adrian Tyler or appoint a new member to the selection panel of the Auckland Regional Services Trust (ARST) grant to the Kaipātiki Public Arts Trust and delegate member to undertake the following responsibilities on behalf of the local board during the 2019 – 2022 political term:

i)     finalise the project brief alongside the selection panel;

ii)     decide and rationalise the artist selection criteria alongside the selection panel;

iii)    advocate for the views of the local board; and

iv)   decide on the artist alongside the selection panel.

 

Horopaki

Context

Background

7.       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.

8.       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.

9.       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.

10.     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

11.     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.

12.     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

13.     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.

14.     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.

15.     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

16.     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

17.     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.

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

19.     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

20.     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.

21.     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.

22.     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

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

24.     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.

25.     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

26.     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)

27.     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)

 

Local board working parties and project specific delegations

28.     During the 2016 – 2019 electoral term, the local board formed several political working parties to receive regular project updates and to provide informal feedback to staff on the direction being taken for the project, noting all decisions regarding the project will be taken by the local board at its business meetings. Kaipātiki Local Board political working parties consisted of the following members.

·      Birkenhead War Memorial Masterplan working group – Danielle Grant, John Gillon, Paula Gillon, Kay McIntyre (resolution number KT/2017/128)

·      Open Space Network Plan working group – John Gillon, Danielle Grant, Anne-Elise Smithson (resolution number KT/2018/94)

·      Local Park management plan working group – John Gillon, Danielle Grant and Anne-Elise Smithson (resolution number KT/2018/114)

·      Glenfield Centre Plan working group – John Gillon and Danielle Grant (resolution number KT/2019/128)

29.     Kaipātiki Local Board delegated Member Adrian Tyler to the Auckland Regional Services Trust (ARST) funding selection panel for the grant to the Kaipātiki Public Arts Trust, and was delegated to undertake various responsibilities including finalising project brief alongside selection panel, decide and rationalise the artist selection criteria alongside the selection panel, advocate for the views of the local board and decide on the artist alongside the selection panel (resolution number KT/2019/54).

30.     It is recommended the board confirm the appointments or appoint new members to the working parties.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31.     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

32.     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

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

34.     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

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

Ngā ritenga ā-pūtea

Financial implications

36.     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

37.     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.

38.     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.

39.     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

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

41.     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.

42.     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

 


Kaipātiki Local Board

20 November 2019

 

 

Process for appointment of Local Government New Zealand National Council representative

File No.: CP2019/19013

 

  

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 Kaipātiki 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

A

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.

B

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

 


Kaipātiki Local Board

20 November 2019

 

 

Adoption of a business meeting schedule

File No.: CP2019/19014

 

  

Te take mō te pūrongo

Purpose of the report

1.       To adopt the Kaipātiki 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.       A draft meeting schedule for the 2019-2022 electoral term has been developed and is included in Attachment A of the agenda report for adoption by the local board.

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

6.       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.

7.       One community forum meeting every second month, generally held on the fourth Wednesday of each month and commencing at 6.00pm. The community forum is also recommended to be held at various locations around the Kaipātiki Local Board area with the primary purpose to engage with the public via deputation and reporting from community organisations, and also to consider any items of business that need to be considered due to time constraints, or that are more appropriately dealt with at community forum.

8.       Recommend the local board adopt two recess weeks a year to provide local board members with a break, staff would not schedule workshops or board business during this time. The recommended dates for these recess weeks are scheduled alongside the school holiday dates (recess dates may alter slightly if school holidays change). The following dates are the recommended recess dates for 2020 – 2022:

·      6 – 12 July 2020 and 30 September – 6 October 2020;

·      12 – 18 July 2021 and 4 – 10 October 2021; and

·      11 – 17 July 2022.

 

 

 

 

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      adopt the meeting schedule outlined in Attachment A to the agenda report, consisting of: 

i)     one business meeting per month, generally to be held on the third Wednesday of each month held at the Kaipātiki Local Board Office, 90 Bentley Avenue, Glenfield, commencing at 9.30am, to consider the general business of the board;

ii)     one community forum meeting every second month, generally held on the fourth Wednesday of each month, commence at 6.00pm and held at various locations around the Kaipātiki Local Board area. The primary purpose to engage with the public via deputation and reporting from community organisations, and also to consider any items of business that need to be considered due to time constraints, or that are more appropriately dealt with at community forum; and

iii)    public forum and deputations will be scheduled in the early part of the business meeting, to enable participation by the public and stakeholders in the democratic process.

iv)   workshops every first, second and fourth week and additionally two recess weeks a year on the following dates:

·    6 – 12 July 2020 and 30 September – 6 October 2020;

·    12 – 18 July 2021 and 4 – 10 October 2021; and

·    11 – 17 July 2022.

b)      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

20 November 2019 - Kaipātiki Local Board Business Meeting - Proposed meeting schedule for Kaipātiki Local Board 2019-2022

57

     

Ngā kaihaina

Signatories

Authors

Anna Bray - Policy and Planning Manager - Local Boards

Authorisers

Louise Mason - GM Local Board Services

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

20 November 2019

 

 

PDF Creator


 

PDF Creator


Kaipātiki Local Board

20 November 2019

 

 

Urgent decision-making process

File No.: CP2019/19015

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek the Kaipātiki 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 Kaipātiki 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

 


Kaipātiki Local Board

20 November 2019

 

 

Kaipātiki Local Board Chairperson's Report

File No.: CP2019/18986

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the Kaipātiki Local Board Chairperson to update members on recent activities, projects and issues since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the chairperson’s report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor - Kaipatiki

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

20 November 2019

 

 

Members' Reports

File No.: CP2019/18987

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note any verbal reports of members.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor - Kaipatiki

Authorisers

Eric Perry - Relationship Manager

 


Kaipātiki Local Board

20 November 2019

 

 

Governing Body and Independent Maori Statutory Board Members' Update

File No.: CP2019/18988

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for Governing Body and Independent Maori Statutory Board members to update the board on Governing Body or Independent Maori Statutory Board issues, or issues relating to the Kaipātiki Local Board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Governing Body and Independent Maori Statutory Board members’ verbal updates.

 

Ngā tāpirihanga

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Signatories

Authors

Jacinda Short - Democracy Advisor - Kaipatiki

Authorisers

Eric Perry - Relationship Manager