I hereby give notice that an ordinary meeting of the Upper Harbour Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 21 November 2019 9:30am Upper Harbour Local Board office, 30 Kell Drive, Albany village |
Upper Harbour Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Margaret Miles, QSM, JP |
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Deputy Chairperson |
Lisa Whyte |
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Members |
Anna Atkinson |
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Uzra Casuri Balouch, JP |
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Nicholas Mayne |
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Brian Neeson, JP |
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(Quorum 3 members)
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Cindy Lynch Democracy Advisor
14 November 2019
Contact Telephone: (09) 4142684 Email: Cindy.Lynch@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Upper Harbour Local Board 21 November 2019 |
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1 Welcome 5
2 Apologies 5
3 Declaration of Interest 5
4 Confirmation of Minutes 5
5 Leave of Absence 5
6 Acknowledgements 5
7 Petitions 5
8 Deputations 5
9 Public Forum 5
10 Extraordinary Business 5
11 Notices of Motion 6
12 Minutes of the Upper Harbour Local Board meetings held Thursday, 19 September and 31 October 2019 7
13 Notice of Motion - Nicholas Mayne - Climate Change Emergency 47
14 Local board governance work management for the 2019-2022 triennium 99
15 Local board appointments and delegations for the 2019-2022 electoral term 105
16 Appointment of local board members to external community organisations 113
17 Adoption of a business meeting schedule 119
18 Urgent decision-making process 127
19 Process for appointment of Local Government New Zealand National Council representative 131
20 Governance forward work calendar - December 2019 to November 2020 137
21 Board members' reports - November 2019 141
22 Consideration of Extraordinary Items
At the close of the agenda, no apologies had been received.
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
The Auckland Council Code of Conduct for Elected Members (the code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:
i. a financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member
ii. a non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.
The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.
Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.
Any questions relating to the code or the guidelines may be directed to the Relationship Manager in the first instance.
That the Upper Harbour Local Board: a) confirm the ordinary minutes of its meeting, held on Thursday, 19 September 2019 and the extraordinary minutes of its meeting, held on Thursday, 31 October 2019, as true and correct.
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At the close of the agenda no requests for leave of absence had been received.
At the close of the agenda no requests for acknowledgements had been received.
At the close of the agenda no requests to present petitions had been received.
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 Upper Harbour 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.
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.
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.”
Under Standing Order 2.5.1 (LBS 3.11.1) or Standing Order 1.9.1 (LBS 3.10.17) (revoke or alter a previous resolution) a Notice of Motion has been received from <Member Names> for consideration under item 13.
Upper Harbour Local Board 21 November 2019 |
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Minutes of the Upper Harbour Local Board meetings held Thursday, 19 September and 31 October 2019
File No.: CP2019/19139
Te take mō te pūrongo
Purpose of the report
1. The open unconfirmed minutes of the Upper Harbour Local Board ordinary meeting held on Thursday, 19 September 2019, and the extraordinary meeting held on Thursday, 31 October 2019, are attached at item 11 of the agenda for the information of the board only.
Recommendation/s That the Upper Harbour Local Board: a) confirm the ordinary minutes of its meeting, held on Thursday, 19 September 2019 and the extraordinary minutes of its meeting, held on Thursday, 31 October 2019, as true and correct.
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Attachments
No. |
Title |
Page |
a⇩ |
Upper Harbour Local Board open unconfirmed minutes - 19 September 2019 |
9 |
b⇩ |
Upper Harbour Local Board minutes attachments - 19 September 2019 |
23 |
c⇩ |
Upper Harbour Local Board open unconfirmed minutes - 31 October 2019 |
31 |
d⇩ |
Upper Harbour Local Board minutes attachments - 31 October 2019 |
37 |
Ngā kaihaina
Signatories
Author |
Cindy Lynch - Democracy Advisor |
Authoriser |
Eric Perry - Relationship Manager |
21 November 2019 |
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Notice of Motion - Nicholas Mayne - Climate Change Emergency
File No.: CP2019/19292
Whakarāpopototanga matua
Executive summary
1. Member N Mayne has given notice of a motion that they wish to propose.
2. The notice, signed by Member N Mayne and Member A Atkinson as seconder, is appended as Attachment A.
3. Supporting information is appended as Attachment B (Auckland Council Technical Report, TR2019/019 – Climate Change Risks in Auckland).
That the Upper Harbour Local Board: a) acknowledge the resolution of the Auckland Council Environment and Community Committee on 11 June 2019 (resolution number ENV/2019/72) declaring a climate emergency in Auckland. b) acknowledge that climate change will impact the quality of life in Upper Harbour and how the Auckland Council is able to conduct business of behalf of the Upper Harbour Local Board. c) declare a climate emergency in Upper Harbour and commit to consider the impact of climate change in all decisions.
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Attachments
No. |
Title |
Page |
a⇩ |
Notice of Motion - Member N Mayne - Climate Change Emergency |
49 |
b⇩ |
Auckland Council Technical Report, TR2019/019 - Climate Change Risks in Auckland |
51 |
Ngā kaihaina
Signatories
Author |
Cindy Lynch - Democracy Advisor |
Authoriser |
Eric Perry - Relationship Manager |
21 November 2019 |
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Local board governance work management for the 2019-2022 triennium
File No.: CP2019/19133
Te take mō te pūrongo
Purpose of the report
1. To agree on the approach for efficient and effective management of the governance work of the local board for the 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, 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
· 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
· 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.
Recommendation/s That the Upper Harbour Local Board: a) agree 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 iii) appoint nominated local board members to external organisations.
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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
· be accountable to the public.
9. At the end of each triennium, the 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, staff from LBS and other council departments, and 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 negative 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
· 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
· 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
· clarifying the limited resources available to any topic area lead.
23. Staff resourcing is focused 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
· 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, the LBS department 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
· 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 7 November 2019, as part of the Upper Harbour Local Board induction programme for the 2019-2022 triennium.
33. The board has indicated its support for the recommended approach for local boards to manage their governance workload. The majority of board members indicated they would like this to be in conjunction with the optional addition of ‘Topic area leads’ (not recommended).
Tauākī whakaaweawe Māori
Māori impact statement
34. This decision is procedural in nature so does not have immediate impacts on Māori.
Ngā ritenga ā-pūtea
Financial implications
35. This decision is procedural in nature so does not have any financial implications.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
36. The risks and mitigations of having topic area leads are outlined in the ‘Analysis and Advice’ section of this report.
37. 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
38. Staff from the LBS department will work with staff from other departments and CCOs to ensure the practices of the local board are implemented.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
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 |
Upper Harbour Local Board 21 November 2019 |
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Local board appointments and delegations for the 2019-2022 electoral term
File No.: CP2019/19134
Te take mō te pūrongo
Purpose of the report
1. To appoint 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.
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.
Recommendation/s That the Upper Harbour Local Board: a) appoint a board member as a delegate and a board member as alternate, as 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 ii) receive staff notifications of areas that may involve reputational, financial, performance or political risk. b) appoint a board member as delegate and a board member as an alternate, as the nominated local board members for landowner consents for filming and authorise them to: i) 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 a board member, and a board member as an alternate, as the nominated local board members for events and authorise them to receive staff notifications of areas that may involve reputational, financial, performance or political risk. d) delegate to a board member, and a board member 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 a board member, and a board member 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 a board member, and a board member as an alternate, the authority to prepare and provide local board views and speak to those local board views at any hearings on notified resource consents.
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Horopaki
Context
Background
6. Decision-making within Auckland Council is shared between the Governing Body and local boards. Local boards have made a general delegation to the Chief Executive of all of their responsibilities, duties and powers subject to the exclusions, restrictions and clarifications set out in the Chief Executive’s Delegations Register. The Chief Executive has in turn delegated those responsibilities, duties and powers to staff. The exercise of those responsibilities, duties and powers is subject to a set of delegation protocols. These protocols provide a set of expectations and directions to staff and require a number of actions that are relevant to all local activities. These delegations help Auckland Council to operate efficiently and effectively.
7. In some cases, delegations are given to individual local board members, usually due to short timeframes constrained by operational requirements, customer expectations and deadlines set by statute. Having a delegation in place to one local board member helps to ensure that council can continue to undertake its normal business practices without undue delays.
8. Local boards have allocated responsibility for decision-making with respect to local parks and have delegated landowner consent decisions to staff subject to a number of delegation protocols. The delegation protocols require that the nominated local board member is consulted on every landowner consent. Landowner consents encompass a broad range of activities, including affected party approvals, filming and events. Local boards are also able to provide their formal views in a report at liquor licence hearings.
9. Under the Local Government (Auckland Council) Act 2009, the Governing Body must consider any views and preferences expressed by a local board, where a Governing Body decision affects or may affect the responsibilities or operation of the local board or the well-being of communities within its local board area. Local boards’ ability to provide local views can be affected because of statutory timeframes or external agency deadlines. Delegating authority for providing local board views to individual members provides local boards the opportunity to give local views within prescribed timeframes.
Tātaritanga me ngā tohutohu
Analysis and advice
Landowner consents
10. Under Auckland Council’s Combined Chief Executive Delegations Register, council staff are delegated authority to approve landowner consents on behalf of local boards. This delegation is subject to the Local Board Delegations Protocols. These protocols require that before exercising their delegations, staff must consult with a nominated local board member for landowner consents. If required by the nominated local board member, the staff member must refer the landowner consent decision to a local board business meeting for a decision.
11. It is therefore recommended that the local board appoint a nominated local board member for landowner consents to enable staff to exercise their delegation.
Landowner consents for filming
12. Screen Auckland (Auckland Tourism, Events and Economic Development) processes requests for filming in the Auckland region and seeks landowner consent from local boards. Over 600 permits are granted each year, with the largest number of permits being granted in Waitematā, Wāitakere Ranges and Rodney Local Board areas.
13. Screen Auckland must process the applications within three to five working days, and therefore require feedback from local boards within two working days. These timeframes are short because filming activities often have a fast turnaround for productions from concept to delivery. To keep filming in Auckland in a competitive international market, film crews often have to work within short timeframes.
14. Due to the extremely short timeframes for film applications, where local boards have a large number of filming applications, it may be beneficial for this subset of landowner consents to be referred to a different nominated local board member to manage workloads.
Events
15. Under the Local Board Delegations Protocols, staff must consult with and obtain the views of the nominated local board member on:
· applications to hold events on council-owned land in the local board area that require regulatory approval and involve one or more of the following matters:
o complete or substantial closure of the public open space
o more than 500 people
o road closure
o liquor
o ticketed event
· any regulatory decision to set fees and charges for holding local events on council-owned local parks and reserves (and refer the matter to the local board to obtain local board views and input where required by the delegated local board member)
· areas that may involve reputational, financial, performance or political risk
· decisions to approve events on council-owned land in the local board area.
Formal submissions at liquor licence hearings
16. District Licensing Committees consider and grant or renew applications for liquor licences and manager’s certificates. When a business applies for an on-licence, off-licence, or club licence, new or renewed, they are publicly notified. On 25 September 2014, the Governing Body (resolution number GB/2014/103) agreed to a process where local boards can provide views on an application in a report to the District Licensing Committee. If the District Licensing Committee considers that the local board’s report has raised issues that it needs to hear more about, it can call a hearing and invite the local board to appear and talk to its report and respond to questions as a witness.
17. Once the public notice has been posted online, the local board has 15 working days to provide their report to council.
18. This report recommends a delegation to a nominated local board member to allow local boards to provide formal views as part of the liquor licensing process.
Notified resource consents
19. Local boards can provide feedback, within the statutory timeframes, on whether resource consent applications should be publicly notified. This was resolved by the Governing Body on 28 July 2011 (resolution number GB/2011/156). Resource consent planners email the planning lead copies of applications that meet the triggers set by the local boards (last reviewed in 2017).
20. The planning leads have three working days to provide comment on the matter of whether the application should be publicly or limitedly 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 limitedly 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, e.g. 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.
27. 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)
28. 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.
29. Providing a delegation to one local board member and one alternate (option three in Table 2) is considered the most efficient way of providing formal views for the matters discussed in this report.
Table 2: Options for local boards to provide their formal views on notification of resource consents and liquor licences
Options |
Pros |
Cons |
1. No formal local board views are provided |
|
· Local board views will not be considered by the hearing commissioners |
2. Formal local board views are provided at a business meeting |
· All local board members contribute to the local board view · Provides transparent decision making |
· Local board meeting schedules and agenda deadlines are unlikely to align with statutory deadlines imposed by the planning process |
3. Formal local board views are provided by way of delegation to one local board member for all applications (preferred option) |
· Nominated local board member will become subject matter expert for local board on topic they are nominated for · Local boards can provide their views in a timely way that meets statutory deadlines · Any feedback can be reported back to the local board |
· Decisions are not made by the full local board · Decisions made under delegation are not made at a public meeting (decisions are made public once submitted via the planning process) |
Tauākī whakaaweawe āhuarangi
Climate impact statement
30. 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
31. 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
32. This report seeks to appoint nominated board members to perform particular functions.
33. 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
34. A decision of this procedural nature is not considered to have a positive or negative impact for Māori.
Ngā ritenga ā-pūtea
Financial implications
35. 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
36. 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.
37. 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.
38. 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
39. Nominated local board members providing feedback on landowner consents and events will engage with staff acting in accordance with the Local Board Delegation Protocols.
40. 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.
41. 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.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Carol Stewart - Senior Policy Advisor |
Authorisers |
Louise Mason - GM Local Board Services Eric Perry - Relationship Manager |
Upper Harbour Local Board 21 November 2019 |
|
Appointment of local board members to external community organisations
File No.: CP2019/19135
Te take mō te pūrongo
Purpose of the report
1. To appoint local board members to external community organisations relevant to the local board area.
Whakarāpopototanga matua
Executive summary
2. Elected members participate as representatives of the local board on a number of external community and national organisations.
3. The beginning of the new electoral term generates the need for new appointments. This report provides details of the external organisations relevant to the local board, and requests that the local board nominates a lead and alternate member to represent the board on those external organisations for the 2019-2022 triennium.
4. In addition, there are a small number of appointments due to legislation or the terms in a deed that are the responsibility of the Governing Body, but because the relationship between the council and the organisation is local, the Governing Body has delegated its responsibility to nominate an elected member to the relevant local board.
Recommendation/s That the Upper Harbour Local Board: a) appoint the following board members to the external community groups and organisations listed below:
b) agree that, to avoid potential conflicts of interest, elected members appointed to any outside organisation do not exercise any voting rights conferred by the organisation.
|
Horopaki
Context
5. A number of external organisations provide for the formal participation of Auckland Council elected members in their affairs. Elected member appointees will have a variety of duties and liabilities depending on the individual organisation.
6. At the commencement of each triennium, the Governing Body and local boards make appointments to external organisations.
7. As local board representatives, the nominated members represent the board, and do not attend in a personal capacity. Nominated local board members will provide updates at local board meetings to regularly inform all local board members of discussions and decisions made of their activities, unless good reasons exist for confidentiality. These updates are in the form of business meeting reports which maintain public transparency.
8. The reasons for elected member participation in external organisations can be described in a number of ways:
· a trust deed that requires Auckland Council to make an appointment to an organisation
· an organisation of interest to the local board is inviting elected member representation at its meetings
· associations entered into by the council which provide for elected member representation
· organisation governance, or project or programme oversight, such as regional or local parks management groups
· a statutory or regulatory provision (for example a regulation providing for a community liaison committee) or
· a resource consent requiring the formation of a committee or hearing panel.
9. In making decisions about these appointments, it is suggested that local boards are mindful of:
· the elected member’s availability
· any conflict of interests, including whether the local board provides funding to the entity
· relevance
· historical relationship with the organisation and Auckland Council.
10. Members are delegated in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed.
11. Local board members may be part of any organisation in their private capacity and personal interests. They are encouraged to disclose memberships of external organisations in the conflict of interest register.
Tātaritanga me ngā tohutohu
Analysis and advice
12. Most appointments to outside organisations are part of an ongoing relationship between that organisation and the local board. In these cases, there is wide variation in the expectations that the outside organisation has of the board member appointed. This can range from an appointment as a trustee of the organisation, membership of the management committee with voting rights, membership of the management committee with no voting rights, through to general liaison. Some of these expectations can give rise to potential conflict of interest challenges for the local board member.
13. By way of example, an appointment as a trustee brings with it legal obligations to act honestly and in good faith for the benefit of the trust’s beneficiaries. This could potentially result in conflict with the local board member’s duty to act impartially in the best interests of the wider community. Such conflicts could be real or perceived.
14. Similar issues can arise if the elected member becomes a voting member of the outside organisation’s governance structure as the elected member may feel responsibility to try to favour the outside organisation’s aspirations in their role as an elected member of the board.
15. In all cases, elected members are expected to act in accordance with the Auckland Council Code of Conduct for Elected Members which provides the following guidance:
Elected members should ask themselves if there a real danger of bias on the part of
a member of the decision-making body, in the sense that he or she might unfairly
regard with favour (or disfavour) the case of a party to the issue under consideration. The question is not limited to actual bias, but relates to the appearance or possibility of bias. This is in line with the principle that justice should not only be done, but
should be seen to be done.
16. Potential conflicts of interest would be better managed if the local board sets out clear expectations for the role of the elected member appointed to external organisations. Set out below is a suggested ‘job description’ for the elected member role on the outside organisation, which is derived from the local board representative role as set out in the Business Improvement District Policy (BID Policy):
· The local board representative to an outside organisation ensures there is a direct link between Auckland Council and the governance of the outside organisation. The role comprises:
o providing updates to the outside organisation on Auckland Council and local board activities, plans and projects
o communicating to the other local board members providing information on the activities, plans and projects of the outside organisation
o in exercising their role, elected members should ensure that they represent the collective board views on issues.
17. For those roles where an elected member is given voting rights by the outside organisation, it would be preferred if elected members abstained or otherwise stood aside for any vote the outside organisation took on any issue relating to Auckland Council or the local board. This will help reduce potential conflicts of interest, either real or perceived.
18. Members are appointed in their capacity as elected local board members. Should they no longer be a local board member, their nominations would be automatically repealed.
19. Local board members may be part of any organisation in their private capacity and in line with their personal interests. Members are therefore encouraged to disclose memberships to external organisations in the conflict of interest register.
Relevant external organisations
20. The details of the organisations relevant to the Upper Harbour Local Board are detailed below.
Business North Harbour
21. This is the Business Improvement District (BID) partner operating in the North Harbour Industrial Estate area (formerly North Harbour Business Association).
22. BID Partnership Programmes are local economic development initiatives run by a business association in partnership with the council, supported by a designated targeted rate.
23. The local board has a day-to-day relationship with the business associations as a joint partner in the BID Partnership Programme. The local board will work with the business associations to align the direction for the BID Programme and local priorities expressed in the local board plan. The local board will receive regular reporting on the BID Partnership Programme and review progress against objectives.
24. The business association may invite the appointed member onto the BID Governance Board or Executive Committee. The discretion on whether this member has voting rights will lie with the business association under the rules of their constitution.
25. Business North Harbour advise there is no formal requirement to attend any executive committee meeting. However, they welcome attendance with advance notice.
26. The previous local board representatives were Lisa Whyte, with Margaret Miles as alternate (resolution number UH/2016/160).
27. It is recommended that the local board appoints a local board member and an alternate to represent the local board regarding all matters relating to the business association.
Rosedale Park Charitable Sports Trust
28. The purpose of the Rosedale Park Sports Charitable Trust (RPSCT) is “for the promotion of amateur sport and games held at Rosedale Park North with governance and regulatory oversight of the shared facilities.”
29. The trust provides direction, organisation, assistance, leadership, governance and maintenance for the clubroom facility at Rosedale Park North.
30. The trust cooperates with sporting bodies, cultural groups, community and council to promote and foster amateur sport and leisure activities held at Rosedale Park North.
31. The previous local board representative was Margaret Miles, with Lisa Whyte as alternate (resolution number UH/2016/160).
32. The time commitment is to attend one monthly meeting, and the role of the elected member as described by the trust is to “provide advice and direction on behalf of the council where required to ensure the RPSCT acts within its means.”
33. The local board is asked to appoint one member (and an alternate) to the Rosedale Park Sports Charitable Trust.
Tauākī whakaaweawe āhuarangi
Climate impact statement
34. 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
35. This report enables Auckland Council to meet its requirements or duties to have representation on external community organisations.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
36. This report seeks the local board’s decision on representatives to external community organisations relevant to the local board area.
Tauākī whakaaweawe Māori
Māori impact statement
37. This report has no specific impact on Māori. It covers appointments of local board members to external organisations and community networks to represent the view of local communities, including Māori communities.
Ngā ritenga ā-pūtea
Financial implications
38. There are no financial implications as a result of this report.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
39. Local board members may be part of any organisation in their private capacity and personal interests. They are encouraged to disclose memberships of external organisations in the conflict of interest register.
Ngā koringa ā-muri
Next steps
40. Local Board Services staff will inform each external organisation of the name of the local board appointment. They will also inform the local board representative of the meeting time, date and location.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Carol Stewart - Senior Policy Advisor |
Authorisers |
Louise Mason - GM Local Board Services Eric Perry - Relationship Manager |
Upper Harbour Local Board 21 November 2019 |
|
Adoption of a business meeting schedule
File No.: CP2019/19136
Te take mō te pūrongo
Purpose of the report
1. To adopt the Upper Harbour 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 below 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.
Recommendation/s That the Upper Harbour 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 Thursday of each month commencing at 9.30am at the Upper Harbour Local Board office, Kell Drive, Albany village, to consider the general business of the local board ii) one community forum meeting every second month, generally to be held on the first Thursday of each month commencing at 5.30pm at the Upper Harbour Local Board office, Kell Drive, Albany village, with the primary purpose of engaging 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 iii) 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 · 4 – 10 July 2022. b) agree to commence business meetings at 9.30am to be held at the Upper Harbour Local Board office, Kell Drive, Albany village. 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. c) adopt the workshop schedule outlined in Attachment B to the agenda report, consisting of workshop sessions around the work programmes. d) note the dates and time for meetings for local board plans and local board agreements are yet to be finalised.
|
Attachments
No. |
Title |
Page |
a⇩ |
Proposed business meeting schedule for the 2019-2022 triennium |
121 |
b⇩ |
Proposed workshop schedule for the 2019-2022 triennium |
123 |
Ngā kaihaina
Signatories
Authors |
Anna Bray - Policy and Planning Manager - Local Boards |
Authorisers |
Louise Mason - GM Local Board Services Eric Perry - Relationship Manager |
21 November 2019 |
|
Urgent decision-making process
File No.: CP2019/19137
Te take mō te pūrongo
Purpose of the report
1. To seek the Upper Harbour 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.
Recommendation/s That the Upper Harbour 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.
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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
· 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.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Anna Bray - Policy and Planning Manager - Local Boards |
Authorisers |
Louise Mason - GM Local Board Services Eric Perry - Relationship Manager |
Upper Harbour Local Board 21 November 2019 |
|
Process for appointment of Local Government New Zealand National Council representative
File No.: CP2019/19138
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.
Recommendation/s That the Upper Harbour 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.
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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 organised 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
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 2019 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.
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 2019. 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.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Shirley Coutts - Principal Advisor - Governance Strategy |
Authorisers |
Louise Mason - GM Local Board Services Eric Perry - Relationship Manager |
Upper Harbour Local Board 21 November 2019 |
|
Governance forward work calendar - December 2019 to November 2020
File No.: CP2019/19132
Te take mō te pūrongo
Purpose of the report
1. To present the updated governance forward work calendar.
Whakarāpopototanga matua
Executive summary
2. The governance forward work calendar for the Upper Harbour Local Board is in Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff.
3. The governance forward work calendars were introduced in 2016 as part of Auckland Council’s quality advice programme and aim to support local boards’ governance role by:
· ensuring advice on meeting agendas is driven by local board priorities
· clarifying what advice is expected and when
· clarifying the rationale for reports.
4. The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.
Recommendation/s That the Upper Harbour Local Board: a) receive the Upper Harbour Local Board governance forward work calendar for the period December 2019 to November 2020, as set out in Attachment A to this agenda report.
|
Attachments
No. |
Title |
Page |
a⇩ |
Governance forward work calendar - December 2019 to November 2020 |
139 |
Ngā kaihaina
Signatories
Authors |
Cindy Lynch - Democracy Advisor |
Authorisers |
Eric Perry - Relationship Manager |
21 November 2019 |
|
Board members' reports - November 2019
File No.: CP2019/19141
Te take mō te pūrongo
Purpose of the report
1. An opportunity is provided for members to update the Upper Harbour Local Board on projects and issues they have been involved with since the last meeting.
[Note: This is an information item and if the board wishes any action to be taken under this item, a written report must be provided for inclusion on the agenda.]
Recommendation/s That the Upper Harbour Local Board: a) receive the verbal board members’ reports.
|
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Cindy Lynch - Democracy Advisor |
Authoriser |
Eric Perry - Relationship Manager |