Agenda of Ōtara-Papatoetoe Local Board

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.

4 Confirmation of Minutes

That the Ōtara-Papatoetoe Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 17 March 2020, 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 Ōtara-Papatoetoe 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.”

Ōtara-Papatoetoe Local Board

05 May 2020

Attendance at local board meetings during the Epidemic Preparedness (COVID-19) Notice period

File No.: CP2020/04688

Te take mō te pūrongo

Purpose of the report

1. To recommend an amendment to the local board’s standing orders in order to provide for attendance of non-members at local board meetings via audio or audio-visual link.

Whakarāpopototanga matua

Executive summary

2. This report updates the local board on the temporary arrangements for local board meetings enabled by the COVID-19 Response (Urgent Management Measures) Act 2020 and provides options for implementing similar arrangements for non-members.

3. The COVID-19 Response (Urgent Management Measures) Act 2020 temporarily amends the existing legislative restrictions for local government on remote attendance for elected members and minimum quorum at local board meetings. This now enables meetings to proceed by audio-visual link, changes how meetings can be open to the public and how members of the public receive the agenda and minutes.

4. The current local board standing orders do not provide for non-members, specifically members of the public and Māori, to give input via audio or audio-visual link.

5. The Local Government Act 2002 (LGA) requires that a person other than a member of the local board may participate by means of audio link or audio-visual link if the standing orders of the local authority permit this and if the chair is satisfied that all conditions and requirements in the standing orders are met. (Clause 25A(2), Schedule 7, LGA). Local board standing orders do not currently allow for this.

6. Auckland Council will be using Skype for Business for local board meetings. Attendance by members and non-members (if approved) will be facilitated by phone (audio only) or Skype video (audio-visual) via Skype for Business app.

7. An amendment to Standing Orders to enable electronic attendance can either be reversed at a future date or maintained to support that attendance in the future, where it is available.

8. The Standing Orders for the Otara-Papatoetoe Local Board is included in this report as Attachment A and available on the Auckland Council website at https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/meetings-council-bodies/Documents/standing-orders-otara-papatoetoe-local-board.pdf

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) note the temporary amendments pursuant to the COVID-19 Response (Urgent Management Measures) Act 2020 which allows members to attend meetings by audio-visual link, as of right and despite anything to the contrary in standing orders and to be counted for the purposes of quorum.

b) amend its standing orders by including a new Standing Order 3.3.10 that reads as follows:

Attendance of non-members by electronic link

A person other than a member of the local board may participate in a meeting of the local board by means of audio link or audio-visual link if the person is otherwise approved to participate in accordance with Standing Orders Sections 6 and 7.

c) amend its Standing Order 7.8.5 to provide discretion to the chair of the meeting to decline Public Forum requests via audio or audio-visual link.

Horopaki

Context

COVID-19 Response (Urgent Management Measures) Act 2020

9. In late March 2020, central government enacted an omnibus bill that amended various acts of parliament including the LGA and the Local Government Official Information and Meetings Act 1987 (LGOIMA).

10. The amendments to the LGA and LGOIMA enable local authorities to have meetings by audio-visual link (given the restrictions regarding physical distancing and Alert Level 4) and support the effective operation of those meetings by removing conditions associated with the right to attend meetings by audio or audio-visual link.

11. These amendments only apply while the Epidemic Preparedness (COVID-19) Notice 2020 is in force and will be repealed when that notice expires or is revoked.

Amendments to LGA

12. The amendments to the LGA modify Clause 25A, Schedule 7 so that a member of a local authority has the right to attend any meeting by audio or audio-visual link, regardless of what is provided for in the local authority’s standing orders. It also modifies clause 25A so that a member attending by audio link or audio-visual link is counted for the purposes of quorum.

Amendments to LGOIMA

13. The amendments to LGOIMA include modifying s 47 so that the requirement for meetings of local authorities to be ‘open to the public’ may be met during Alert Level 4 and other restrictions on physical distancing. The amendment redefines ‘open to the public’ to mean that the local authority:

a) if it is reasonably practicable, enables access to the meeting by broadcasting live the audio or video of the meeting (for example, by broadcasting it on an Internet site); and

b) does 1 or both of the following as soon as practicable after the meeting ends:

i. makes an audio or a video recording of the meeting available on its Internet site

ii. makes a written summary of the business of the meeting available on its Internet site.

14. This amendment does not anticipate public involvement as part of the meeting itself but ensures the public can access or view meeting proceedings online (either live or after the meeting) or through reviewing the summary.

15. Other amendments to LGOIMA include:

· Modifying s 46A so that agendas and reports for the meetings may be made available on the local authority’s internet site instead of at offices and other physical locations.

· Modifying s 51 so that minutes of meetings may be made available on the local authority’s internet site instead of at offices and other physical locations.

· The changes made by the COVID-19 Response (Urgent Management Measures) Act 2020 now supersede some of the provisions in the local board standing orders and the restrictions on physical distancing and from Alert Level 4 now limit the opportunity for public input.

Local Board Standing Orders

16. The LGA requires local authorities to adopt a set of standing orders for the conduct of its meetings and those of its committees (Clause 27, Sch 7). Each local board has adopted its standing orders which have been developed from a template.

17. As a result of the statutory amendments listed in this report, the follow standing orders have been temporarily superseded:

· 3.3.2 Member’s status – quorum and vote

· 3.3.3 Conditions for attending by electronic link

· 3.3.4 Request to attend by electronic link

· 7.3.1 Information to be available to the public

· 7.3.2 Availability of agendas and reports

· 8.2.1 Inspection of minute books

18. There are additional provisions in standing orders that may require further consideration if the local board wishes to enable these to continue during the Epidemic Preparedness (COVID-19) Notice period. These relate to input and participation by Māori and the public.

19. Clause 25A(2), Schedule 7 of the LGA requires that a person other than a member of the local authority may participate by audio link or audio-visual link if the standing orders of the local authority permit this and if the chair is satisfied that all conditions and requirements in the standing orders are met.

20. The current standing orders do not currently provide for non-members, if required and approved to do so, to give input by means of audio link or audio-visual link.

21. Other participants at local board meetings include Governing Body members and staff. The LGA and the recent amendment provide the right for any member of a local authority or committee to attend any meeting of a local authority by audio-visual link (unless lawfully excluded). This can be interpreted broadly to extend to meetings where the elected member may not be a decision-maker or be participating in the decision at all. As such, Governing Body members participation may be by audio or audio-visual link and the process for providing them with speaking rights remains under standing orders.

Tātaritanga me ngā tohutohu

Analysis and advice

22. In performing their role, local boards are required to act in accordance with the principles contained in s 14(1) of the LGA including the requirement for the council to conduct its business in an open, transparent and democratically accountable manner and make itself aware of and have regard to the views of all of its communities.

23. While the LGA does not specifically require public input to be provided for at local board meetings, the standing orders approved by the local board reflects the principles in s 14 LGA by providing for public attendance and enabling public input at meetings.

24. In order to continue to provide this opportunity as well as facilitate input by Māori and the public, the standing orders require amending.

Standing Orders Section 6 Māori Input

25. Speaking rights for Māori organisations or their nominees are granted under standing orders for the purpose of enabling Māori input, if any, to any item on the agenda of a meeting.

26. To ensure this right can be exercised during the Epidemic Preparedness (COVID-19) Notice period, provision needs to be made enabling any input to be given by audio or audio-visual link.

Standing Orders 7.7 Deputations and 7.8 Public Forum

27. The provisions for public input in standing orders are one of the ways that local boards give effect to the requirements of the LGA (s 78 and s 79).

28. The LGA provides that in the course of its decision-making, a local authority must consider the views and preferences of persons likely to be affected by or have an interest in the matter. The LGA does not specify how those views are to be obtained or what form that consideration should take. It does not require a public forum at meetings.

29. However, the LGA gives local authorities discretion as to how to comply with s 78 and what to consider. Through their standing orders, local boards and the Governing Body have chosen to enable public input through deputations and public forum at their meetings as one way to obtain community views, among other things.

30. To ensure this opportunity can continue to be made available during the Epidemic Preparedness (COVID-19) Notice period, provision must be made in standing orders to receive this by audio or audio-visual link.

Proposed amendment

31. This report recommends that input from non-members continue to be enabled during the Epidemic Preparedness (COVID-19) Notice period. This requires an amendment to the standing orders.

32. An amendment to standing orders requires a 75% majority vote.

33. A similar amendment has been made by the Governing Body to their standing orders. It is desirable to ensure consistency across the governance arms of Auckland Council. The Governing Body resolutions are as follows:

Resolution GB/2020/33 (n) That the Governing Body amend standing orders by inserting a new Standing Order 3.3.10 as follows:

Attendance of non-members by electronic link A person other than a member of the Governing Body, or the relevant committee, may participate in a meeting of the Governing Body or committee by means of audio link or audio-visual link in emergencies if the person is otherwise approved to participate under these standing orders (such as under Standing Order 6.2 “Local board input” or 7.7 “Public input”.)

Resolution GB/2020/33 (p) That the Governing Body agree to change Auckland Council’s Standing Orders to provide full discretion to the chair of the Emergency Committee to decline public input requests

34. The local board’s standing orders currently gives discretion to the chair to decline deputations but not public forum requests. Giving discretion to the chair to manage requests for public forum during this time can ensure the requirements of the LGA regarding the provision of the technology requirements, can be supported.

Technology options available

35. Where attendance by audio or audio-visual link is permitted, the LGA requires that the chair of the meeting ensures:

· that the technology for the audio link or audio-visual link is available and of suitable quality

· that the procedure for use of the technology will ensure that participants can hear and be heard by each other.

36. The chair’s discretion will need to be exercised where the technology and quality cannot be guaranteed.

37. The audio and audio-visual link options available for non-member input are provided by Auckland Council through Skype for Business:

Option	Ability
Audio link only Attend Skype for Business meeting via phone.	· No ability to see presentations being shared or to see and be seen by local board members attending the meeting · Only technical equipment required is a landline or mobile telephone
Audio-visual link Video and audio attend Skype for Business meeting	· Allows non-member to see both presentations being shared and to see and be seen by the local board members attending · Requires a mobile phone or a computer device with an internet connection

Option

Ability

Audio link only

Attend Skype for Business meeting via phone.

· No ability to see presentations being shared or to see and be seen by local board members attending the meeting

· Only technical equipment required is a landline or mobile telephone

Audio-visual link

Video and audio attend Skype for Business meeting

· Allows non-member to see both presentations being shared and to see and be seen by the local board members attending

· Requires a mobile phone or a computer device with an internet connection

38. If enabled under standing orders, non-members who wish to give input would need to contact the local board with a request to attend. If approved by the chair, information on how to join the meeting using audio and audio-visual link options above will be sent out to the attendee by staff.

Summary of meeting

39. Where it is not reasonably practicable for the public to attend the meeting through a broadcast and/or peruse a recording after it has happened, a summary of the meeting will need to be provided by staff.

40. A summary in this context would be different from the content of agendas, reports and minutes which are all separately required to be publicly available. It should contain the thrust or key points of the discussion or debate at the meeting keeping in mind that its purpose is to provide an alternative to an audio or video recording of the meeting, in a situation where the public is not able to attend and hear this discussion themselves.

41. The ordinary definition of a summary is a brief statement or account of the main points of something. While the appropriate level of detail is likely to vary depending on what is being discussed at meetings, a summary is not expected to include verbatim notes.

Tauākī whakaaweawe āhuarangi

Climate impact statement

42. 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.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

43. Staff attendance at meetings, while not specifically provided for, is a necessary part of local board meetings and as such is expected to take place using audio-visual link.

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

Local impacts and local board views

44. This report seeks to amend the local boards standing orders to enable public input and Māori input at meetings.

Tauākī whakaaweawe Māori

Māori impact statement

45. This report seeks a decision that will ensure Māori input can continue to be given during the Epidemic Preparedness (COVID-19) Notice period.

46. This will ensure Māori are not prevented from giving input at a meeting on any matter that may be of interest to them.

Ngā ritenga ā-pūtea

Financial implications

47. The decision to amend standing orders is of a procedural nature and is not considered to have financial implications on Auckland Council.

48. The scaling up of technology to ensure compliance with COVID-19 Response (Urgent Management Measures) Act 2020 is being done at a cost to the council. The costs are not known at this stage and will be factored into operational budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. The objective of the recent legislative changes is to reduce public health risks and ensure compliance with social distancing measures and other restrictions in New Zealand’s COVID-19 alert levels response plan.

50. While this is not specifically required by legislation, permitting public input by audio or audio-visual link, if practicable, can ensure the local board can receive and consider views of its constituents on decisions that they are making.

51. There is a risk that the audio-visual option would only be taken up by a small number of constituents as this would only be available to those who have the technical devices and internet access. The software that will be used for meetings is Skype for Business which is free to download and use. However, the internet access costs or availability of technology/devices can be a limiting factor for some constituents. Constituents who do not have internet access can participate, if approved, by phone.

52. The report is seeking discretion for the local board chair to decline public forum requests. This delegation should be exercised with caution so as to not undermine the intention of standing orders (which currently provided some limited grounds to decline public input). There will be instances where it is reasonable to decline (noting these examples are not intended to be exhaustive), such as:

· where the technology cannot be provided or quality cannot be assured

· a need to manage time allocations for the agenda

· the matter is neither urgent nor the subject of a decision to be made at the meeting

· the request is offensive, repetitious or vexatious.

Ngā koringa ā-muri

Next steps

53. If approved, the amendments to standing orders can, if the local board chooses, continue beyond the Epidemic Preparedness (COVID-19) Notice period. Enabling these changes gives maximum flexibility for attendance of non-members at future meetings, including those with underlying health issues or compromised immune systems that may need to take extra precaution even after the Epidemic Preparedness (COVID-19) Notice period has ended.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Standing Orders for the Otara-Papatoetoe Local Board (Under Separate Cover)

Ngā kaihaina

Signatories

Authors

Polly Kenrick - Business Manager, Local Board Services

Shirley Coutts - Principal Advisor - Governance Strategy

Authorisers

Louise Mason – General Manager Local Board Services

Victoria Villaraza - Relationship Manager, Mangere-Otahuhu and Otara-Papatoetoe Local Boards

Ōtara-Papatoetoe Local Board

05 May 2020

Local board feedback for inclusion in Auckland Council submissions

File No.: CP2020/03989

Te take mō te pūrongo

Purpose of the report

1. To recommend that the Ōtara-Papatoetoe Local Board delegate authority to the local board chair to submit the local board’s formal views for inclusion in Auckland Council submissions to Central Government and other councils, where this feedback is due before a local board meeting.

Whakarāpopototanga matua

Executive summary

2. Central Government (and other councils) seek feedback through public consultation on bills, inquiries and other key matters. The consultation timeframes vary between four and eight weeks.

3. The Governing Body is responsible for making official submissions to Central Government on most matters except for submissions to government on legislation where it specifically relates to a local board area. Where the Governing Body decides to make an official submission on a Central Government matter, staff work to develop a draft submission for consideration by the Governing Body and will call for local board input so it can be incorporated. The Auckland Council submission needs to be approved within the consultation timeframes set by Central Government.

4. Local board input is required to be approved by the local board. Where local boards are unable to make these decisions at a local board meeting due to the constrained timeframes, another mechanism is required. In situations where local boards prefer not to use the urgent decision process, local boards sometimes provide informal feedback that is endorsed at the next business meeting. This is not considered best practice because the local board input can be challenged or changed at ratification or approval stage, which leads to reputational risk for the council.

5. In situations where timeframes don’t allow reporting to formal business meetings, staff recommend that the local board either uses the urgent decision process or delegates authority to the chair to approve and submit the local board’s input into Auckland Council submissions. Both options provide an efficient way to ensure that local board formal input is provided when external parties set submission deadlines that don’t allow formal input to be obtained from a local board business meeting.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) delegate authority to the chair to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils.

b) note that the local board can continue to use its urgent decision process to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils, if the chair chooses not to exercise the delegation sought in recommendation (a).

c) note that this delegation will only be exercised where the timeframes do not allow for local board input to be considered and approved at a local board meeting.

d) note all local input approved and submitted for inclusion in an Auckland Council submission is to be included on the next local board meeting agenda for the public record.

Horopaki

Context

6. Government departments, parliament, select committees and other councils seek feedback on issues using both formal and informal consultation opportunities. Auckland Council has an ongoing opportunity to provide advocacy on public policy matters and this is often done by making a public submission. Submissions can be provided on other council’s plans, on policy and legislative reviews or on an agency’s proposed strategy.

7. Council submissions are the formal responses to the public consultation opportunities that are open to everyone, including all Aucklanders.

8. 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.

9. Under the current allocation of decision-making responsibility, the Governing Body is allocated decision-making responsibility for “submissions to government on legislation including official submissions of Auckland Council incorporating local board views”. Local boards are allocated decision-making for “submissions to government on legislation where it specifically relates to that local board area only”.

10. Central Government agencies set the deadlines for submissions which are generally between four to eight weeks. These timeframes do not usually allow for formal reporting to local boards to input into the council submission. In situations where local boards prefer not to use the urgent decision process, local boards can sometimes provide informal feedback that is endorsed at the next business meeting. This is not considered best practice because the local board input can be challenged or changed at ratification or approval stage, which leads to reputational risk for council.

11. Providing a delegation for Central Government submissions provides local boards with another option to give formal local views within prescribed timeframes.

Tātaritanga me ngā tohutohu

Analysis and advice

12. There are five options available to local boards to approve their formal views and input on submissions to Central Government. Where this input is sought within a time constrained process and is due before a meeting of the local board, only four of these options will be available.

Table 1: Options for mechanisms through which the local boards can approve their formal views on Auckland Council submissions to Central Government and other councils

Options	Pros	Cons
1. Local board input approved at a business meeting	· Decision is made and adopted in a public meeting (transparency of decision making). · All local board members have the opportunity to make the formal decision.	· Local board meeting schedules and agenda deadlines often don’t align with external agency deadlines.
2. Local board input approved at an extraordinary meeting of the local board	· Provides a mechanism for local boards to provide their formal views where submission deadlines do not align with local board meeting schedules. · Decision is made and adopted in a public meeting (transparency of decision making). · All local board members have the opportunity to make the formal decision.	· Extraordinary meeting needs to be called by a resolution (requires anticipation by the local board) or requisition in writing delivered to the Chief Executive. The process usually requires a minimum of three clear working days. · There are additional costs incurred to run an unscheduled meeting. · It may be difficult to schedule a time when enough local board members can attend to achieve a quorum.
3. Local board input approved using urgent decision mechanism (staff recommend this option)	· It provides a mechanism for local boards to provide their formal views where submission deadlines do not align with local board meeting schedules. · Local board input can be submitted once the Chair, Deputy Chair and Relationship Manager have received the report providing the local board views and input. · The urgent decision needs the sign-off from two local board members (ie the Chair and Deputy Chair), rather than just one.	· The decision is not made in a public meeting. It may be perceived as non-transparent decision-making because it is not made by the full local board. · Chair and deputy may not have time to properly consult and ascertain view of the full local board.
4. Local board input approved by the chair who has been delegated authority from the local board (staff recommend this option where local boards choose not to use the urgent decision process)	· It provides a mechanism for local boards to provide their formal views where submission deadlines do not align with local board meeting schedules and local boards don’t want to use the urgent decision process. · Local board input can be submitted as soon as possible after the local board views and input have been collated and discussed by the local board members.	· Decision is not made in a public meeting. It may be perceived as non-transparent decision-making because it is not made by the full local board. · The chair who has the delegated authority may not have time to properly consult and ascertain views of the full local board.
5. Local board input submitted and ratified at a later date	· Local board informal input can be submitted as soon as possible after the local board views and input have been collated and discussed by the local board members.	· Local board input submitted is considered to be the informal views of the local board until they are approved. · Local board input can be challenged or changed at ratification or approval stage. · Decision to ratify informal views, even if made in a public meeting, is unable to be changed in the council submission (can be perceived as non-transparent decision-making). · Inclusion of informal views in the Auckland Council submission will be at the discretion of the Governing Body. These may be included with caveats noting the views have not been ratified by the local board. · If the local board changes its views, there is a reputational risk for the council.

13. Options one, two and three are already available to local boards and can be utilised as required and appropriate. Option one should always be used where timeframes allow reporting. Option four requires a delegation in order for a local board to utilise this mechanism and should be used only when timeframes don’t allow reporting to a business meeting.

14. Local boards who wish to utilise option four are requested to delegate to the chair as this fits within the leadership role of the chair and they are more likely to be available because the chair is a full-time role. The role of this delegated member will be to attest that the approved and submitted input constitutes the views of the local board. The input should then be published with the agenda of the next formal business meeting of the local board to provide transparency. The delegate may choose not to exercise their delegation if the matter is of a sensitive nature and is something that the full board should consider at a business meeting.

15. Each local board will be in charge of its own process for considering and developing their local board input that will be approved by the delegated member. This can include discussions at workshops, developing ideas in a small working group or allocating it to an individual member to draft.

16. Where local boards do not wish to delegate the views to the chair, the recommended option is to use the urgent decision mechanism (where deadlines don’t align with local board reporting timeframes). The mechanism requires a staff report and the decision to be executed by three people (the Chair, Deputy Chair and the Relationship Manager). Local board input can be submitted within one to two days after the local board views and input have been collated and discussed by the local board members.

17. Option five is not considered best practice and local boards are strongly discouraged from using this.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18. 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.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19. This report proposes a delegation to ensure that staff can undertake the preparation of submissions in a timely manner, while receiving formal local board input on matters that are of local board importance.

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

Local impacts and local board views

20. This report seeks to establish a specific delegation for the local board chair.

21. Any local board member who is delegated responsibilities should ensure that they represent the wider local board views and preferences on each matter before them.

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

23. 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

24. If local boards choose to delegate to provide their formal views on Auckland Council submissions, there is a risk that this mechanism is perceived as non-transparent decision-making because it is not made by the full local board. This can be mitigated by publishing the submitted local board input on the next agenda.

25. There is also a risk that the chair who has the delegated authority may not have time to properly consult and ascertain views of the full local board. This can be mitigated by encouraging the local board to collectively discuss and agree their input before it is submitted by the member who has been delegated authority.

Ngā koringa ā-muri

Next steps

26. On those occasions where it is required, the delegation will be used to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Carol Stewart - Senior Policy Advisor

Authorisers

Louise Mason – General Manager Local Board Services

Victoria Villaraza - Relationship Manager, Mangere-Otahuhu and Otara-Papatoetoe Local Boards

Ōtara-Papatoetoe Local Board

05 May 2020

Otara-Papatoetoe Local Board Six-Monthly Panuku Report 01 Aug 2019 - 31 Jan 2020

File No.: CP2020/03244

Te take mō te pūrongo

Purpose of the report

1. To update the Ōtara-Papatoetoe Local Board on Panuku Development Auckland (Panuku) activities within the local board area and the region for the six months from 1 August 2019 to 31 January 2020.

Whakarāpopototanga matua

Executive summary

2. Panuku is charged with balancing financial and non-financial outcomes in order to create and manage sustainable and resilient places where people want to live, work, invest, learn and visit. The activities of Panuku cover four broad areas:

· redevelopment of urban locations, leveraging off council owned land assets, mostly within existing suburbs

· review of, and where appropriate, redevelopment of council non-service property

· management of council property assets including commercial, residential, and marina infrastructure

· other property related services such as redevelopment incorporating a service delivery function, strategic property advice, acquisitions and disposals.

3. Panuku currently manages 67 commercial and residential interests in the Ōtara-Papatoetoe Local Board area.

4. Development in Manukau and Papatoetoe is underway as part of our Transform and Unlock programmes.

5. No properties were purchased or sold in the Ōtara-Papatoetoe Local Board area during the six months reporting period.

6. Panuku leads a multi-year redevelopment programme of the council’s Housing for Older People (HfOP) portfolio (Haumaru). There are four HfOP villages in the Ōtara-Papatoetoe Local Board area.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) receive the Panuku Development Auckland Local Board update for 1 August 2019 to 31 January 2020.

Horopaki

Context

7. Panuku helps to rejuvenate parts of Auckland, from small projects that refresh a site or building, to major transformations of town centres or neighbourhoods.

8. The Auckland Plan is the roadmap to deliver on Auckland’s vision to be a world class city, Panuku plays a significant role in achieving the ‘Homes and Places’ and ‘Belonging and Participation’ outcomes.

9. Panuku leads urban redevelopment in Manukau, Onehunga, Wynyard Quarter, Waterfront, Northcote, Avondale, Takapuna, Henderson, Papatoetoe, Ormiston and Flat Bush, Panmure, Pukekohe, City Centre and redevelopment of the Haumaru Portfolio.

10. Panuku manages around $3 billion of council’s non-service property portfolio, which is continuously reviewed to find smart ways to generate income for the region, grow the portfolio, or release land or property that can be better used by others. “Non-service properties” are Council owned properties that are not used to deliver Council, or CCO, services.

11. As at 31 December 2019, the Panuku managed regional property portfolio comprises 1674 properties, containing 1035 leases. This includes vacant land, industrial buildings, warehouses, retail shops, cafes, offices, medical centres, and a large portfolio of residential rental homes.

Tātaritanga me ngā tohutohu

Analysis and advice

Development

12. Panuku is contributing commercial input into approximately 50 region-wide council-driven renewal and housing supply initiatives.

13. Panuku works with partners and stakeholders over the course of a project. It also champions best practice project delivery, to achieve best value outcomes within defined cost, time and quality parameters.

14. Below is a high-level update on activities in the Ōtara-Papatoetoe Local Board area:

Transform Manukau

15. The agreement with Hayden & Rollett to develop 52-54 Manukau Station Road for an extension of Manukau Institute of Technology (MIT) facilities has been executed. Construction is scheduled for completion by commencement of Semester Two.

16. A conditional Development Agreement for the development of a Quest Hotel and Apartments on Lot 3 has been executed. The developer is scheduled to complete due diligence and lodge consents by the end of May.

17. Scentre Group (Manukau Westfield) has confirmed its intent to bring forward commencement of construction works to extend and remodel the mall, subject to further planning.

18. Panuku is working closely with Healthy Waters and wider project partners to plan for the regeneration of the Puhinui Stream. A regeneration strategy is underway and is being coordinated with a Stormwater Management plan for the full catchment. Panuku have prioritised the development of an integrated work-programme to ensure timely input into the Long-term Plan. Further engagement will be undertaken with the Local Board and wider stakeholders following the Long-term Plan deadlines.

19. Panuku, Healthy Waters and Community Facilities are working together to develop a plan for the improvement of Hayman Park with a view to progressing the wetland (stormwater pond) and playground stage 2 as future projects.

20. Barrowcliffe Bridge and Place Upgrade has been endorsed by the Otara – Papatoetoe and Manurewa Local Boards to progress to physical works. Panuku have been working with mana whenua, internal council departments and local stakeholders throughout the design process. The project is set to deliver a road connection to the new Kotuitui and Puhinui Park developments and a safe gateway for pedestrians and cyclists to the south of the city centre.

21. The first houses will be occupied in early April at the Puhinui Park Development at 20 Barrowcliffe Place. Construction of the first houses of the Kotuitui Development will commence in April.

22. Placemaking continues to run events that involve various community groups to activate engagement with the Panuku work programme.

23. Negotiations with Counties Manukau District Health Board (DHB) are underway regarding extending a walkway along the Puhinui through the existing Super Clinic land (the northern paddocks) from Rata Vine to Kerr’s Road.

Unlock Old Papatoetoe

24. Implementation of the Unlock Old Papatoetoe programme is progressing now that the mall and carpark are mostly completed.

25. The Food Hub initiative is progressing with support from Panuku through the use of the land and buildings.

26. An additional site, 7 St George Street (the old police station), has been acquired to improve access, visibility and design quality for the Tavern Lane development site and neighbouring facilities. Planning is underway to take the property to market during 2020.

27. Panuku will progress a service assessment and a needs assessment with the council family to investigate options for the potential needs and potential upgrade of Stadium Reserve and improved management of civic and community spaces such as the Chambers building.

28. The 98 St George Street and 15 Kolmar Road properties have been transferred to Panuku following Auckland Transport’s (AT) decision that the intersection project will not proceed. Panuku will consider the future of these two properties as part of the Unlock programme and work with Council family to as part of the assessments underway.

29. 91 Cambridge Terrace is being considered as a potential residential site. Panuku are considering options for new locations for the existing tenants and awaiting the outcome of the Tavern Lane site process, before commencing the project.

Properties managed in the Ōtara-Papatoetoe Local Board Area

30. Panuku currently manages 61 commercial and 6 residential interests within the local board area.

Portfolio strategy

Optimisation

31. Optimisation is a self-funding development approach, targeting sub-optimal service assets approved in 2015. The process requires agreement between Community Facilities, Panuku and local boards and is led by Panuku. It is designed to equal or enhance levels of service to the local community in a reconfigured form while delivering on strategic outcomes, such as housing or urban regeneration while not impacting on council rates

32. Using optimisation, underperforming assets will have increased lower maintenance and operating costs, improved service delivery, while benefiting from co-location of other complimentary services or commercial activities. Optimisation frees up undercapitalised development opportunities such as air space, full sites, or part sites.

33. Using optimisation as a redevelopment and funding tool, the Local Board can maximise efficiencies from service assets while maintaining levels of service through the release of some, or all, of that property for sale or development.

34. Local boards are allocated decision making for the disposal of local service property and reinvestment of sale proceeds in accordance with the service property optimisation approach.

Portfolio review and rationalisation

Overview

35. Panuku is required to undertake ongoing rationalisation of the council’s non-service assets. This includes identifying properties from within the council’s portfolio that may be suitable for potential sale and/or development if appropriate. Panuku has a focus on achieving housing and urban regeneration outcomes.

36. Identifying potential sale properties contributes to the Auckland Plan focus of accommodating the significant growth projected for the region over the coming decades, through a more efficient use of resources to achieve its activities and projects.

Performance

37. Panuku works closely with Auckland Council and Auckland Transport to identify potential surplus properties to help achieve disposal targets.

38. Target for July 2018 to June 2019:

Unit	Target	Achieved
Portfolio review	$30 million disposal ‘recommendations’	$30.4 million disposal recommendations.

July 2019 to June 2021 Target

Unit	Target	Achieved
Portfolio Review	$45m disposal recommendations.	$20 million disposal recommendations as at 23 February 2020.

Process

39. Once identified as no longer delivering the council service use for which it was acquired, a property is taken through a multi-stage rationalisation process. The agreed process includes engagement with council departments and CCOs, the local board and mana whenua. This is followed by Panuku board approval, engagement with the local ward councillors, the Independent Māori Statutory Board and finally, a Governing Body decision.

Under review

40. No properties are currently under review in the Ōtara-Papatoetoe Local Board area.

Acquisitions and disposals

41. Panuku manages the acquisition and disposal of property on behalf of Auckland Council. Panuku purchases property for development, roads, infrastructure projects and other services. These properties may be sold with or without contractual requirements for development.

Acquisitions

42. Panuku does not decide which properties to buy in a local board area. Instead, it is asked to negotiate the terms and conditions of a purchase on behalf of the council.

43. Panuku has so far purchased 6 properties for open space across Auckland in the 2019-20 financial year to the end of December 2020 at a cost of $22.2 million.

44. No properties have been purchased in the Otara-Papatoetoe Local Board area during the reporting period for open space.

45. All land acquisition committee resolutions contain a confidentiality clause due to the commercially sensitive nature of ongoing transactions, and thus cannot be reported on while in process.

Disposals

46. In the current financial year to the end of December 2019, the Panuku disposals team has entered into five sale and purchase agreements across the region, with an estimated value of $3.6 million of unconditional net sales proceeds.

47. Panuku 2019/20 disposals target is $24 million for the year. The disposals target is agreed with the council and is reviewed on an annual basis.

48. No properties have been sold in the Otara-Papatoetoe Local Board area during the reporting period.

Housing for Older People-Haumaru Housing

49. The council owns 1412 units located in 62 villages across Auckland, which provide rental housing to low income older people in Auckland.

50. The Housing for Older People (HfOP) project involved the council partnering with a third-party organisation, The Selwyn Foundation, to deliver social rental housing services for older people across Auckland.

51. The joint venture business, named Haumaru Housing, took over the tenancy, facilities and asset management of the portfolio, under a long-term lease arrangement from 1 July 2017.

52. Haumaru Housing was granted community housing provider (CHP) status in April 2017. Having CHP registration enables Haumaru to access the government’s Income Related Rent Subsidy (IRRS) scheme.

53. Auckland Council has delegated Panuku to lead a new multi-year residential development programme.

54. In late 2019, 40 new apartments for older people were completed in Henderson. Wilsher Village is a new four-storey building providing warm, dry, modern and accessible homes.

55. All units are fully occupied, and the council’s portfolio now comprises 1452 units.

56. The following HfOP villages are located within the Ōtara-Papatoetoe Local Board area:

Village	Address	Number of units
Acacia Court	25 Kolmar Road, Papatoetoe	37
Hills Court	14 Hills Road, Ōtara	45
Otara Court	163 East Tamaki Road, Ōtara	61
Whitehaven Court	146 Kolmar Road, Papatoetoe	24

Tauākī whakaaweawe āhuarangi

Climate impact statement

57. The Panuku Priority Location programmes support regeneration of existing town centres, developing underutilised sites within the urban area, close to transport links. Increasing the density of housing results in reduced carbon emissions through improved utilisation of existing infrastructure and transit-oriented development. The provision of easy, safe and attractive walking and cycling routes reduces reliance on private motor vehicles and enables low carbon lifestyles. Panuku has adopted a minimum standard of a Homestar 6 rating for all homes, resulting in warmer, drier and more energy efficient buildings.

58. Climate change increases the probability of hotter temperatures and more frequent flooding and drought in Otara- Papatoetoe. Panuku seeks to future-proof our communities by:

a) specifying adaptation and resilience in the design of buildings and spaces.

b) specifying that infrastructure and developments are designed to cope with warmer temperatures and extreme weather events.

c) use of green infrastructure and water sensitive design for increased flood resilience, ecological and biodiversity benefits

d) provision of increased shade and shelter for storm events and hotter days.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

59. The views of the council group are incorporated on a project by project basis.

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

Local impacts and local board views

60. Any local or sub-regional impacts related to local activities are considered on a project by project basis.

61. Panuku requests that all feedback and/or queries relating to a property in the local board area be directed in the first instance to localboard@developmentauckland.co.nz.

Tauākī whakaaweawe Māori

Māori impact statement

62. Panuku works collaboratively with mana whenua on a range of projects including potential property disposals, development sites in the rohe and commercial opportunities. Engagement can be on specific individual properties and projects at an operational level with kaitiaki representatives, or with the Panuku Mana Whenua Governance Forum who have a broader mandate.

63. Panuku will continue to partner with Māori on opportunities which enhance Māori social and economic wellbeing.

Ngā ritenga ā-pūtea

Financial implications

64. There are no financial implications associated with this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

65. There are no risks associated with receiving this report.

Ngā koringa ā-muri

Next steps

66. The next six-monthly update is scheduled for October 2020.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Perin Gerrand - Engagement Coordinator

Authorisers

Jody Jackson-Becerra - Senior Engagement Advisor

Victoria Villaraza - Relationship Manager, Mangere-Otahuhu and Otara-Papatoetoe Local Boards

Chairperson	Lotu Fuli
Deputy Chairperson	Dr Ashraf Choudhary, QSO, JP
Members	Apulu Reece Autagavaia
	Dr Ofa Dewes
	Swanie Nelson
	Ross Robertson, QSO, JP
	Dawn Trenberth

No.	Title	Page
a ⇩	Ōtara-Papatoetoe Local Board Workshop Record, 3 March 2020	39
b ⇩	Ōtara-Papatoetoe Local Board Workshop Record, 10 March 2020	41
c ⇩	Ōtara-Papatoetoe Local Board Workshop Record, 24 March 2020	43
d ⇩	Ōtara-Papatoetoe Local Board Workshop Record, 31 March 2020	45

Authors	Carol McGarry - Democracy Advisor Otara-Papatoetoe
Authorisers

Author	Carol McGarry - Democracy Advisor Otara-Papatoetoe
Authoriser	Victoria Villaraza - Relationship Manager, Mangere-Otahuhu and Otara-Papatoetoe Local Boards

No.	Title	Page
a ⇩	Waka Kotahi New Zealand Transport Agency on the Accessible Streets Regulatory Package - feedback	35