I hereby give notice that an ordinary meeting of the Albert-Eden Local Board will be held on:
Date: Time: Meeting Room: Venue:
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Tuesday, 21 July 2020 2.00pm Albert Eden
Local Board Office |
Albert-Eden Local Board
OPEN AGENDA
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MEMBERSHIP
Chairperson |
Margi Watson |
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Deputy Chairperson |
Lee Corrick |
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Members |
Graeme Easte |
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Rachel Langton |
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Ben Lee |
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Julia Maskill |
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Christina Robertson |
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Kendyl Smith |
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(Quorum 4 members)
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Michael Mendoza Democracy Advisor - Albert - Eden
16 July 2020
Contact Telephone: 021 809 149 Email: Michael.Mendoza@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Albert-Eden Local Board 21 July 2020 |
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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
9.1 Public Forum - Lorna Doogan – Motu Manawa Programme 2019/2020 Debrief 5
9.2 Public Forum - Pam Anderson – Handweavers and Spinner’s Guild Auckland 6
9.3 Public Forum - Grant Hewison – Proposed New Liquor Store at 1179 Great North Road, Pt Chevalier 6
10 Extraordinary Business 7
11 Adoption of the Albert-Eden Local Board Agreement 2020/2021 9
12 New Community Lease at 19 View Road, Mt Eden to ECPAT (End Child Prostitution and Trafficking) Child Alert Trust 13
13 Statement of proposal to amend the Alcohol Control Bylaw 21
14 Auckland Transport July 2020 update 79
15 Albert-Eden Local Board feedback on the Covid-19 Recovery (Fast-track Consenting) Bill 89
16 Panuku Auckland Development- Albert-Eden Local Board Six-Monthly Report 01 September 2019 to 29 February 2020 93
17 Governing Body Members' Update 99
18 Chairperson's Report 101
19 Board Member's Reports 107
20 Albert-Eden Local Board Workshop Records 113
21 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.
That the Albert-Eden Local Board: a) confirm the minutes of its ordinary meeting, held on Tuesday, 16 June 2020 and the minutes of its extraordinary meeting, held on Tuesday, 7 July 2020 and reconvened on Thursday, 9 July 2020, 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 Albert-Eden 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.
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.”
Albert-Eden Local Board 21 July 2020 |
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Adoption of the Albert-Eden Local Board Agreement 2020/2021
File No.: CP2020/09574
Te take mō te pūrongo
Purpose of the report
1. To adopt a Local Board Agreement 2020/2021 and a local fees and charges schedule for 2020/2021.
Whakarāpopototanga matua
Executive summary
2. Each financial year, Auckland Council must have a local board agreement between the Governing Body and the local board, for each local board area.
3. From 20 February to 21 March 2020, the council consulted on the Annual Budget 2020/2021 (annual plan) including local board priorities (consultation part 1). Local boards considered this feedback between 4 to 8 May 2020.
4. From 29 May to 19 June 2020, the council carried out further consultation (part 2) on regional topics for the Emergency Budget 2020/2021 (the new name for this year’s annual plan) due to considerable pressure on the council’s financial position caused by the COVID-19 pandemic.
5. Local boards are now considering local content for the Emergency Budget 2020/2021, which includes a local board agreement and a local fees and charges schedule for 2020/2021.
6. Normally the local board agreement would include a message from the chair, local board advocacy and other content. This year due to time constraints caused by COVID-19, the content of the Emergency Budget document, including the Local Board Agreements, is being reduced to only the parts that are a statutory requirement. This includes key projects, levels of service and performance measures, and Financial Impact Statement (FIS).
7. On 30 July 2020, the Governing Body will meet to adopt Auckland Council’s Emergency Budget 2020/2021, including 21 local board agreements.
Recommendation/s That the Albert-Eden Local Board: a) adopt a Local Board Agreement 2020/2021, tabled at the meeting, (Attachment A). b) adopt a local fees and charges schedule for 2020/2021, tabled at the meeting, (Attachment B). c) delegate authority to the Chairperson to make any final minor changes to the Local Board Agreement 2020/2021. d) note: i) that Local Board Agreement 2020/2021 local activity budgets will be updated to reflect final budget decisions made by the Governing Body on 16 July 2020. ii) that the resolutions of this meeting will be reported back to the Governing Body when it meets to adopt the Annual Budget 2020/2021 on 30 July 2020.
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Horopaki
Context
8. Each financial year, Auckland Council must have a local board agreement between the Governing Body and the local board, for each local board area, outlining local priorities, budgets and intended levels of service. They are informed by the local board plans, which are strategic documents that are developed every three years to set a direction for local boards, by reflecting the priorities and preferences of the communities within the local board area. Local board plans can also provide a basis for local board feedback on regional content in the annual plan (Emergency Budget 2020/2021).
9. Local board chairs have had the opportunity to attend Finance and Performance Committee workshops on key topics and provide local board views on the Emergency Budget 2020/2021 to the Finance and Performance Committee.
10. From 20 February to 21 March 2020, the council consulted with the public on the Annual Budget 2020/2021 (consultation part 1). One locally held drop-in event was held in the Albert-Eden Local Board area to engage with the community and seek feedback on both regional and local proposals. Feedback was received through written and spoken channels.
11. A report analysing the feedback on local board priorities, as well as feedback from those living in the local board area related to the regional topics from consultation part 1, was included on the 7 May 2020 extraordinary business meeting agenda.
12. Local boards considered this feedback, and their input on regional topics was reported to the Emergency Committee on 21 May 2020.
13. From 29 May to 19 June 2020, the council carried out further consultation on regional topics for the Emergency Budget 2020/2021 (consultation part 2) due to considerable pressure on the council’s financial position caused by the COVID-19 pandemic.
14. A report analysing the feedback on the regional topics from consultation part 2 (Emergency Budget) was included on the 9 July 2020 extraordinary business meeting agenda.
15. Local boards considered this feedback, and then the local board chairs held discussions with the Finance and Performance Committee on 14 July 2020 on regional proposals in the Emergency Budget. The local board input was also reported to the Finance and Performance Committee on 16 July 2020
Tātaritanga me ngā tohutohu
Analysis and advice
16. Both staff and the local board have reviewed the feedback received on the Emergency Budget 2020/2021 from both consultations and local boards have received reports analysing the feedback. It is now recommended that local boards adopt a Local Board Agreement 2020/2021 (Attachment A), and a local fees and charges schedule for 2020/2021 (Attachment B).
Tauākī whakaaweawe āhuarangi
Climate impact statement
17. The decisions recommended in this report are procedural in nature and will not have any climate impacts themselves.
18. Some of the proposed projects in the Local Board Agreement may have climate impacts. The climate impacts of any projects Auckland Council chooses to progress with will be assessed as part of the relevant reporting requirements.
19. Some of the proposed projects in the Local Board Agreement will be specifically designed to mitigate climate impact, build resilience to climate impacts, and restore the natural environment.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
20. Local boards worked with council departments to develop their local board work programmes for 2020/2021 that will be adopted at August business meetings. The local board work programmes help inform the local board agreements.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
21. This report seeks local board adoption of its content for the Emergency Budget 2020/2021 and other associated material, including the Local Board Agreement 2020/2021.
Tauākī whakaaweawe Māori
Māori impact statement
22. Many local board decisions are of importance to and impact on Māori. Local board agreements and the annual plan (Emergency Budget 2020/2021) are important tools that enable and can demonstrate the council’s responsiveness to Māori.
23. Local board plans, which were developed in 2017 through engagement with the community including Māori, form the basis of local priorities. There is a need to continue to build relationships between local boards and iwi, and where relevant the wider Māori community.
24. Of those who submitted on the consultation part 1 including local board priorities from the Albert-Eden Local Board area, seven (4 per cent) identified as Māori. 41 respondents (6 per cent) from 17 iwi entities living in the Albert-Eden Local Board rohe also made a submission to the Emergency Budget 2020/2021 through one or both consultations. These submissions were provided to the local board for consideration when finalising its local board agreement.
25. Ongoing conversations will assist local boards and Māori to understand each other’s priorities and issues. This in turn can influence and encourage Māori participation in the council’s decision-making processes.
Ngā ritenga ā-pūtea
Financial implications
26. The local board agreement includes the allocation of locally driven initiatives (LDI) funding and asset-based services (ABS) funding to projects and services for the 2020/2021 financial year.
27. LDI funding is discretionary funding allocated to local boards based on the Local Board Funding Policy, which local boards can spend on priorities for their communities. Local boards can also utilise LDI funding to increase local levels of service if they wish to do so.
28. Funding for asset-based services (ABS) is allocated by the Governing Body to local boards based on current levels of service to run and maintain local assets and services including parks, pools and recreation facilities, community facilities, and libraries.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
30. Decisions on the local content of the Emergency Budget 2020/2021, including the Local Board Agreement 2020/2021 and a local fees and charges schedule for 2020/2021, are required by 24 July 2020 to ensure the Governing Body can adopt the Emergency Budget 2020/2021 at its 30 July 2020 meeting.
Ngā koringa ā-muri
Next steps
31. The resolutions of this meeting will be reported to the Governing Body on 30 July 2020 when it meets to adopt the Annual Budget 2020/2021, including 21 local board agreements.
32. Minor changes may need to be made to the attachments before the Emergency Budget 2020/2021 is adopted, such as correction of any errors identified and minor wording changes. Staff therefore recommend that the local board delegates authority to the Chair to make minor final changes if necessary.
33. Local board agreements set the priorities and budget envelopes for each financial year. Work programmes then detail the activities that will be delivered within those budget envelopes. Work programmes will be agreed between local boards and operational departments at business meetings in August 2020.
Attachments
No. |
Title |
Page |
a⇨ |
Local Board Agreement 2020/2021 (To be tabled at meeting) |
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b⇨ |
Local fees and charges schedule 2020/2021 (To be tabled at meeting) |
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Ngā kaihaina
Signatories
Author |
Beth Corlett - Advisor Plans & Programmes |
Authorisers |
Louise Mason - GM Local Board Services Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
Albert-Eden Local Board 21 July 2020 |
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New Community Lease at 19 View Road, Mt Eden to ECPAT (End Child Prostitution and Trafficking) Child Alert Trust
File No.: CP2020/09244
Te take mō te pūrongo
Purpose of the report
1. To seek approval to grant a new community lease to ECPAT (End Child Prostitution and Trafficking) Child Alert Trust for the premises at 19 View Road, Mt Eden.
Whakarāpopototanga matua
Executive summary
2. Council owns the property and building at 19 View Road, Mt Eden. It provides a spacious hall-like area, including toilets, kitchen area and storage. There are adjacent tennis courts for the general public to use. The site is on a bus route, it is 600 metres from Dominion Road and just over 1 kilometre to Mt Eden Village.
3. Following the local board’s direction to initiate an Expressions of Interest process for the premises, staff advertised and sought applications including contacting groups on the council interest register. Prospective applicants then had an opportunity to view the premises and complete an application.
4. After the closing date, staff undertook a review and analysis of the applications. Staff involved in the analysis included the Community Lease Specialist, the Senior Community Lease Advisor, the Senior Local Board Advisor and the board’s Strategic Broker.
5. Six applications were received. One was from the current lessee Jigsaw who was not eligible because the group does not have charitable status. The two highest scoring groups were The Word Ministry Church and ECPAT Child Alert Trust. ECPAT Child Alert Trust is recommended because it is prepared to share the space with other groups and has been doing so already with Jigsaw.
Recommendation/s That the Albert-Eden Local Board: a) grant a community lease to ECPAT (End Child Prostitution and Trafficking) Child Alert Trust for a term of three years with one right of renewal of three years. b) approve rent of $1 plus GST per annum with a subsidised maintenance charge of $2,125 plus GST per annum. c) request that a community outcomes plan be prepared, for approval by the elected members and this be attached as a schedule to the lease. d) request that staff work with ECPAT (End Child Prostitution and Trafficking) Child Alert Trust and Jigsaw to negotiate a sharing arrangement between them and Jigsaw as a transition arrangement to allow Jigsaw to negotiate for other premises, given the Covid 19 pandemic. e) encourage ECPAT (End Child Prostitution and Trafficking) Child Alert Trust to work with the Board’s Shared Space Coordinator and Community Lease Specialist to continue making the premises available to other community groups. f) note that all other terms and conditions to be in accordance with the Community Occupancy Guidelines July 2012. |
Horopaki
Context
6. The premises have been leased to Jigsaw Afterschool Limited (Jigsaw) for several years, offering after school care and school holiday programmes.
7. Jigsaw’s lease was granted by the former Auckland City Council. The lease commenced on 1 March 2003, with an initial term of five years with two, five-year rights of renewal. The lease reached final expiry on 28 February 2018. Jigsaw has been holding over on a month by month basis while the board explored options for use of the building and the courts. Jigsaw advise that they have been tenants at the site for 30 years.
8. Following the local board’s direction to initiate an Expressions of Interest process for the premises, staff advertised in December 2019 and conducted viewings of the premises in mid-January 2020.
9. Numerous groups inspected the premises and six applications were received.
10. An application was received from the current tenant Jigsaw. However, as Jigsaw is a limited company, it does not qualify for a community lease.
11. Staff presented an assessment of the applications as part of the Board’s Community Facilities work programme update in April 2020. The Board asked staff to confirm the legal status/operational structure of Jigsaw and other details. Staff submitted a subsequent memo containing this additional information to the Board’s 26 May 2020 workshop.
Tātaritanga me ngā tohutohu
Analysis and advice
Property description
12. The property is legally described as Lots 1 - 4 DP 46762 comprising a total area of 2712 square metres and contained in NA58D/292. The land is held by the Auckland Council in fee simple as a classified local purpose (community centre) reserve subject to the Reserves Act 1977.
Assessment of applications received
13. This section focuses on the Community Occupancy Guidelines criteria for qualifying groups, income made from the activity, demands for the premises and outcomes for community centre/shared space.
Community Leasing Criteria
14. The application by Jigsaw was assessed along with the other applications. Staff worked with Jigsaw to explore ways in which they could be structured to be a qualifying entity in terms of the council’s community occupancy guidelines. However, during preparation of this report staff were advised that Jigsaw were not going to pursue this option. As they therefore do not qualify for a community lease, consideration of their application is not included in the analysis table below.
15. All the qualifying applicants were measured and scored using a table containing criteria derived from the expressions of interest application and the Community Occupancy Guidelines 2012. The criteria are shown in the left-hand column in the table below which is a summary of the detailed analysis undertaken by staff.
Group name |
ECPAT Child Alert Trust
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Handweavers and Spinners |
Uafu ko Vuna Community Trust |
The Word Ministry Church |
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Activity/ Purpose |
Training and advocacy of frontline workers to protect children from sexual exploitation. |
Support and promote education, training, research and the practice of traditional and contemporary embroidery. |
Want to use the space for the Tongan community to teach elderly exercises; continue gatherings; and youth work. |
To promote the culture of and to enhance the well-being of people from the Polynesian island of Rotuma. Community and children activities; youth sports; cultural events; language classes; shared meals and meetings. |
To provide a food bank and serving meals to the community and youth programme. |
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Catchments served |
ECPAT
serves a regional/ |
The Handweavers and Spinners membership are from both the Albert Eden and wider Auckland areas. |
The Uafu ko Vuna Community Trust catchment area is the Puketāpapa Local Board area. |
The Auckland Rotuman Fellowship Group operates from hired Halls and Centres in the Mt Albert area. |
The Word Community Church is an ethnic community with a promise of welcoming all people. |
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Numbers served |
3,500 members-4,000 altogether (including frontline workers that are trained) |
110
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12 to 20 |
150 |
70 |
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Hours of Use per week |
ECPAT currently utilises the building morning and mid-afternoon, for about 24 hours per week. Uafu ko Vuna Community Trust and The Word Ministry Church both propose to utilise the space for more hours than the other applicants, 40 hours or more, but the numbers served are less than the other groups. |
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Eligibility |
All applicants are either charitable trusts or incorporated societies. |
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Open membership /users
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ECPAT is an organisation serving a
region/national-wide catchment and purpose. Its focus is on public awareness-raising, law reform and
advocacy along with online safety initiatives, specialist training, research
and community education. |
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Financial details |
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Financial
stability – accounts, funding and sustainability |
ECPAT and Auckland Rotuman Fellowship Grouping all have multiple funding sources which makes them more financially dependent but demonstrates their ability to attract funding. Uafu ko Vuna Community Trust and the Word Ministry Church are the only groups that are fully self-supporting. |
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References /network within the local community |
ECPAT is now sharing the space with the current tenant-Jigsaw. Uafu ko Vuna Community Trust and the Word Ministry Church are based in the Puketāpapa local board area. The Handweavers and Spinners are a local craft group operating from Nicholson Park. |
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Best fit |
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Building size, configuration, location |
All groups advise that the building satisfies most of their needs. All groups commented on the building condition. This will be remedied with works planned for 2021. Staff have concerns about whether the building is suited for some of the exercise activities proposed by Auckland Rotuman Fellowship Group. For example, the hall is relatively narrow and there may not be enough space for Zumba. The Word Ministry Church want to store food for their food bank and prepare meals on-site. They will need to have food compliance and food safety and would require a kitchen other than that available. |
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16. Having been assessed against all the criteria above, each group was scored and a summary of overall points awarded to each applicant are as follows:
Group name |
ECPAT Child Alert Trust
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Handweavers and Spinners |
Uafu ko Vuna Community Trust |
Auckland Rotuman Fellowship Grouping |
The Word Ministry Church |
Scores (%) |
72% |
59% |
64% |
60% |
77% |
17. The following section provides an assessment of the two highest scoring applications. There were no special considerations to the rest of all the applicants that put them in contention for a lease of the premises.
Assessment of the two highest scoring applications
18. The Word Community Church was the highest scorer with 77 per cent. The church serves an ethnic community with a promise of welcoming all people. Its current catchment area is the Puketāpapa Local Board area. The Word Ministry Church only serves 70 people. While making good use of the premises they serve fewer people than most other applicants.
19. ECPAT scored the second highest with 72 per cent. ECPAT is a registered charitable trust serving to educate front line staff including police and social workers and to advocate for children that are subject to prostitution and trafficking in New Zealand. They have been operating since 1997, currently operating from the Henderson Community Centre. Their work is region-wide. ECPAT also recently began to share the View Rd premises with Jigsaw, the current tenant.
Financials
20. The Word Ministry Church is fully financially self-sufficient, through fees and church allowances. ECPAT relies on external funding from multiple funding sources making them less financially independent. This is the only criteria which scored The Word Ministry Church higher than ECPAT.
Building – Fit for purpose
21. The building suits ECPAT. If their application is successful, they propose expanding their training services and sharing with other groups.
22. The Word Ministry Church wants to store food for their food bank and prepare meals on-site. They will need to have food compliance and safety measures in place and would require a kitchen other than that presently available. The building is not currently fit for their purposes.
Alignment with Local Board and Auckland Plan
23. Outcome one of the Albert-Eden Local Board Plan indicates that Albert-Eden has a strong sense of community. Enabling different sectors of the community to participate continues to be a major focus for the local board.
24. Outcome three of the plan provides that community spaces should be well-used by everyone. Shared facilities underpin the strong community. This provides diverse and inclusive spaces that meet the changing needs of people of all ethnicities and ages.
25. It is understood that the Albert-Eden Local Board would like the successful group to share the premises with other groups. Additionally, the successful group should be a local group serving the Albert Eden Local Board catchment area. ECPAT has an Auckland-wide and national-wide presence but has indicated that their use of the premises enables them to share the facility with other local community groups.
Tauākī whakaaweawe āhuarangi
Climate impact statement
26. There are no direct impacts to the climate by approving a new lease to the premises.
27. The successful group is required to prepare a community outcomes plan with a specific environmental objective.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
28. Once a successful applicant is granted the lease, staff will work with the area manager for the project team to consult with the lessee on the proposed renewal works to the premises proposed for the 2021/2022 financial year.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
29. The local board directed that any new lease does not include a tennis court. The local board requires the View Road courts to be made available for to the wider community for sporting and exercising purposes.
30. During its workshops, the board advised that it wished to grant a new community lease to a qualifying community group involved in non-profit making activities. ECPAT has been operating since 1997 and this is the first time, they have applied for a community lease. ECPAT is an established group so could be considered for a lease with an initial term of three years with one right of renewal for three years.
31. In the current post Covid 19 economic climate, some board members indicated that any decision should consider the impacts on the current tenant, Jigsaw, who now need to find new premises. The board can consider a transition period in which Jigsaw continues in occupation sharing with the new lessee if the activities and use times are compatible. Staff suggest that ECPAT and Jigsaw could negotiate a sharing arrangement for one year. As Jigsaw is a business, a rental to council should be payable. If the occupation continues past the one year, a sublease between the two groups could be arranged subject to further board approval.
Tauākī whakaaweawe Māori
Māori impact statement
32. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader statutory obligations to Māori. Support for Māori initiatives and outcomes are detailed in Whiria Te Muka Tangata, Auckland Council’s Māori Responsiveness Framework.
33. Staff presented the proposed lease at the Central South Mana Whenua Forum on 27 November 2019 and followed up by email on 2 July 2020 requesting written feedback. No submissions were received at the time of reporting.
Ngā ritenga ā-pūtea
Financial implications
34. Staff have consulted the Board’s Lead Financial Advisor in preparation of this section.
35. If the lease is granted to a not-for-profit group and there is no opportunity for continued occupation by Jigsaw, there will be shortfall in rental income of $12,500 plus GST per annum.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
36. There are no other risks to the local board in granting a new lease.
Ngā koringa ā-muri
Next steps
37. Subject to the local board approval of the community lease, staff will prepare the Deed of Lease and Community Outcomes Plan and discuss with ECPAT and Jigsaw opportunities for sharing.
Attachments
No. |
Title |
Page |
a⇩ |
Site Plan |
19 |
Ngā kaihaina
Signatories
Author |
Tsz Ning Chung - Community Lease Advisor |
Authorisers |
Rod Sheridan - General Manager Community Facilities Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
21 July 2020 |
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Statement of proposal to amend the Alcohol Control Bylaw
File No.: CP2020/08934
Te take mō te pūrongo
Purpose of the report
1. To seek support on the statement of proposal to amend the Te Kaunihera o Tāmaki Makaurau Te Ture a Rohe Whakararata Waipiro 2014 / Auckland Council Alcohol Control Bylaw 2014 before it is finalised for public consultation.
Whakarāpopototanga matua
Executive summary
2. To enable the local board to provide its views on the statement of proposal to amend the Te Kaunihera o Tāmaki Makaurau Te Ture a Rohe Whakararata Waipiro 2014 / Auckland Council Alcohol Control Bylaw 2014, staff have prepared a draft proposal.
3. The draft proposal would continue to enable council to make alcohol bans in certain public places to reduce crime and disorder caused or made worse by alcohol consumed there.
4. The main proposals are to include new temporary alcohol bans for major events at Mount Smart Stadium, Western Springs Stadium, Eden Park and Auckland Domain, and to make the Bylaw easier to read and understand.
5. Staff recommend that the local board provide its views on the draft proposal.
6. There is a reputational risk that the draft proposal or the local board’s views do not reflect the views of people in the local board area. This risk would be partly mitigated by future public consultation processes. The local board will have an opportunity to consider any public feedback and provide formal views to a Bylaw Panel prior to the final decision.
7. The local board’s views will be provided to the Regulatory Committee on 1 September 2020 who will recommend a statement of proposal for public consultation to the 24 September Governing Body meeting. Public consultation is scheduled for October 2020, Bylaw Panel deliberations for March 2021, and a final decision by the Governing Body for April 2021.
Recommendation/s That the Albert-Eden Local Board: a) support the draft statement of proposal in Attachment A of this agenda report to amend the Auckland Council Alcohol Control Bylaw 2014 for public consultation. |
Horopaki
Context
The Alcohol Control Bylaw enables council to make alcohol bans in public places
8. The Te Kaunihera o Tāmaki Makaurau Te Ture a Rohe Whakararata Waipiro 2014 / Auckland Council Alcohol Control Bylaw 2014 (Bylaw) aims to reduce crime or disorder in certain public places caused or made worse by alcohol consumed there.
9. The Bylaw achieves this by providing a framework that enables alcohol bans to be made by resolution of the relevant delegated authorities – the Regulatory Committee, Auckland Domain Committee or local boards. Alcohol bans are enforced by the New Zealand Police.
The Regulatory Committee have decided to amend the Alcohol Control Bylaw
10. The Regulatory Committee requested staff commence the process to amend the Bylaw on 9 May 2019 (REG/2019/28). The process leading to this decision is summarised below.
11 April 2019 (REG/2019/19) |
Regulatory Committee endorsed the statutory bylaw review findings that: · a bylaw about the consumption or possession of alcohol in public places is still the most appropriate way to address crime or disorder in certain public places caused or made worse by alcohol consumed there · the current Bylaw does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990 · the current Bylaw structure and wording could be improved. |
9 May 2019 (REG/2019/28) |
Regulatory Committee instructed staff to draft an amended Bylaw (Option two) after considering four options: · Option one: status quo – retain Bylaw that makes alcohol bans by resolution · Option two: amend the current Bylaw – improve the status quo · Option three: replace the current Bylaw – new bylaw that contains all alcohol bans · Option four: revoke Bylaw – no bylaw and instead rely on other existing methods. |
Staff prepared a proposal in line with decisions of the Regulatory Committee
11. Staff have prepared a draft statement of proposal (draft proposal) to implement the decision of the Regulatory Committee to amend the Bylaw (Attachment A).
12. The draft proposal includes the reasons and decisions leading to the proposed amendments and a comparison between the existing and amended bylaws.
The local board has an opportunity to provide its views on the proposal
13. The local board now has an opportunity to provide its views on the draft proposal in Attachment A by resolution to the Regulatory Committee before it is finalised for public consultation.
14. For example, the local board could support the draft proposal for public consultation, recommend changes before it is finalised, or defer comment until after it has considered public feedback on the proposal.
Tātaritanga me ngā tohutohu
Analysis and advice
The draft proposal makes improvements to the current alcohol control bylaw
15. The draft proposal seeks to improve the use of alcohol bans for major events[1] and make the Bylaw easier to read and understand. The table below summarises the proposed changes.
Summary of proposed changes to the Alcohol Control Bylaw 2014
Reasons for proposals |
|
· Make new event-based temporary alcohol bans for all major events at Mount Smart Stadium, Western Springs Stadium, Eden Park and Auckland Domain in the Bylaw.: · The new event-based temporary alcohol bans will replace existing event-based temporary alcohol bans made by resolution[2] for Mount Smart Stadium, Eden Park and Auckland Domain for ‘Christmas in the Park’ and the Lantern Festival. Changes to these existing resolutions would: o for Mount Smart Stadium extend the ban to apply to all major events, not just concerts o for Eden Park extend the ban to include Eden Park stadium, and two fan trails if they are activated as part of the event[3] o for Auckland Domain extend the ban to all major events (not just the Lantern Festival) and extend the times of the ban to start one hour earlier and finish one hour later. The ban for the Auckland Domain ‘Christmas in the Park’ event would remain unchanged. · Replace with a related information note clauses about alcohol ban signage, and clauses about legislative decision-making criteria. |
Including new event-based temporary alcohol bans made in the Bylaw: · more easily enables a preventative approach to alcohol-related crime or disorder at or near event venues used for major events · removes time and cost to process individual requests for event-based temporary alcohol bans where: o the event venue has in the past, is currently, and will in the future be used for major events o a ban has been used in the past for major events at the event venue. · creates more consistent event-based temporary alcohol ban times and application. Replacing some clauses with related information notes and providing clarifications: · removes provisions that are unnecessary to state in the Bylaw but are useful as extra information · provides rules that are easier to read and understand. |
The draft proposal complies with statutory requirements
16. The draft proposal has been prepared in accordance with statutory requirements and best practice drafting guidelines:
· The proposed inclusion of event-based temporary alcohol bans for major events at certain venues in the Bylaw is a reasonable limitation on people’s rights and freedoms because the bans only apply temporarily to a limited area for large scale events.
· The amended Bylaw is a more appropriate form of bylaw because the inclusion of event-based temporary alcohol bans for major events at certain venues enables a preventative approach to alcohol-related crime or disorder.[4] The amended Bylaw would also be easier to read and understand.
· The amended Bylaw has no implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990 (the Act). There are potential limitations to freedoms protected by the Act of expression, peaceful assembly, movement, security against unreasonable search and seizure, and to not be arbitrarily arrested. These limitations are justified because alcohol bans help prevent harm to the public, and because council’s ability to make alcohol bans is subject to legislative criteria which ensures any ban is justified, appropriate and proportionate.
Staff recommend the local board consider providing its views on the proposal
17. Staff recommend that the local board consider the draft proposal and whether it wishes to provide its views to the Regulatory Committee.
Tauākī whakaaweawe āhuarangi
Climate impact statement
18. There are no implications for climate change arising from this decision.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
19. The draft proposal impacts the operation of units across the council group involved in events, processing alcohol ban requests and alcohol ban signage. Those units are aware of the impacts of the proposal and their implementation role.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
20. The Bylaw is important to local boards as they have the delegated authority to make local alcohol bans, and because alcohol bans help to improve public safety in their local areas.
21. The main view of local board members during the bylaw review was to retain local board decision-making authority for local alcohol bans. The proposal supports this by retaining the current decision-making authority. The process for the local board to make alcohol bans by resolution will remain the same.
22. The local board has an opportunity in this report to provide its views on the proposal to the Regulatory Committee.
23. The local board will also have further opportunity to provide its views to a Bylaw Panel on any public feedback to the proposal from people in the local board area.
Tauākī whakaaweawe Māori
Māori impact statement
24. The Bylaw has significance for Māori as users and kaitiaki / guardians of public space. Māori are also over-represented in alcohol-related hospital visits, the criminal justice system and as victims of crime.
25. Māori health advocacy organisations, Te Puni Kōkiri and the Maunga Authority support the use of alcohol bans as a tool to reduce alcohol-related harm.
26. The draft proposal supports this view by retaining the ability for council to use alcohol bans.
Ngā ritenga ā-pūtea
Financial implications
27. There are no financial implications to the local board for any decision to support the draft proposal for public consultation. The Governing Body at a later date will consider any financial implications associated with public notification and signage.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
28. There is a reputational risk that the draft proposal or the local board’s views do not reflect the views of people in the local board area. This risk would be partly mitigated by future public consultation processes. The local board will have an opportunity to consider any public feedback and provide its formal views to a Bylaw Panel prior to the final decision.
Ngā koringa ā-muri
Next steps
29. Staff will present a proposal and any local board views to the Regulatory Committee on 1 September 2020. The next steps are shown in the diagram below.
Attachments
No. |
Title |
Page |
a⇩ |
Statement of proposal to amend the Alcohol Control Bylaw |
27 |
Ngā kaihaina
Signatories
Author |
Elizabeth Osborne - Policy Analyst |
Authorisers |
Paul Wilson - Team Leader Bylaws Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
21 July 2020 |
|
Auckland Transport July 2020 update
File No.: CP2020/09581
Te take mō te pūrongo
Purpose of the report
1. To provide an update to the Albert-Eden Local Board (the Board) on Auckland Transport (AT) matters in its area and an update on its local board transport capital fund (LBTCF).
Whakarāpopototanga matua
Executive summary
2. A decision is not required this month. This report provides an opportunity to highlight Auckland Transport activities in the Albert-Eden Local Board area and contains information about the following:
· General advice on the 2019-2022 Local Board Transport Capital Fund;
· The new 64 bus service from Kingsland Station to Newmarket;
· Progress on the Board’s LBTCF funded projects (2016-2019), along with information on the Board’s Community Safety Fund projects;
· Innovating Street applications to Waka Kotahi/New Zealand Transport Agency;
· Owairaka School Safe School Streets Trial update;
· Public consultations shared with the Board and
· Decisions of Auckland Transport’s Traffic Control Committee.
Recommendation/s That the Albert-Eden Local Board: a) receive the Auckland Transport July 2020 update report.
|
Horopaki
Context
3. AT is responsible for all of Auckland’s transport services, excluding state highways. It reports on a monthly basis to local boards, as set out in its Local Board Engagement Plan. This monthly reporting commitment acknowledges the important engagement role of local boards within and on behalf of their local communities.
4. This report updates the Albert-Eden Local Board on Auckland Transport (AT) projects and operations in the local board area, it updates the local board on their consultations and includes information on the status of the Local Board Transport Capital Fund (LBTCF) and Community Safety Fund (CSF).
5. The LBTCF is a capital budget provided to all local boards by Auckland Council and delivered by Auckland Transport (AT). Local boards can use this fund to deliver transport infrastructure projects that they believe are important but are not part of AT’s work programme. Projects must also:
· be safe
· not impede network efficiency
· be in the road corridor (although projects running through parks can be considered if there is a transport outcome).
6. The CSF is a capital budget established by Auckland Transport for use by local boards to fund local road safety initiatives. The purpose of this fund is to allow elected members to address long-standing local road safety issues that are not regional priorities and are therefore not being addressed by the Auckland Transport programme.
Tātaritanga me ngā tohutohu
Analysis and advice
Local Board Transport Capital Fund (LBTCF)
7. Auckland Council’s original resolutions relating to the Local Board Transport Capital Fund make it very clear that the overall budget allocation for the LBTCF is on the basis that ‘it can be managed by Auckland Transport within its annual budget’.
8. While Council’s budget allocation to Auckland Transport will only be finalised when the emergency budget is adopted, current indications are that Auckland Transport’s capital budget will be significantly constrained. This being the case, it is highly likely that there will be a negative impact on the Local Board Transport Capital Fund.
9. Until the final budget is complete Auckland Transport will not be able to advise Local Board’s on the funds available in the Local Board Transport Capital Fund. This may have an impact on progressing potential projects.
10. Auckland Transport will update local boards on the status of the Local Board Transport Capital Fund as soon as decisions around the budget are finalised.
New 64 Bus Route and Mt Eden Station Closure
11. The Mt Eden Station closed on 11 July 2020 to facilitate the delivery of the Central Rail Link. A new bus service to fill the gap commenced on 5 July 2020.
12. The new 64 bus service is a frequent service that operates to provide a replacement public transport option for the catchment area around Mt Eden Station. The new service is operating between Kingsland and Newmarket via Mt Eden Rd (passing outside the current station entrance).
13. The service will be free to use while the station is closed. Passengers tag on and tag off with their AT HOP cards and no cash fares are accepted. The bus route operates at least every 15 minutes between 7am-7pm, 7 days a week.
14. A drop-in session for local residents was held on 20 June 2020 to discuss the progress of the City Rail Link as well as any concerns local residents had in regard to the new bus service.
Innovating Streets Pilot Fund – Waka Kotahi/New Zealand Transport Agency
15. At the end of June, Auckland Council announced the applications that would go forward to Waka Kotahi / New Zealand Transport Agency for consideration under the newly established pilot fund.
16. These include a number of AT projects in the Albert-Eden Local Board area:
· Tāmaki Makaurau Open Streets
· Pavement to Parklets
· School Pavement Artwork
· Sandringham Road (village area)
· Manukau Road (between Pah Road and Royal Oak roundabout).
Ōwairaka School Safe School Streets Update
17. Auckland Transport (AT) is progressing its Safe School Streets programme with Ōwairaka District School into the next phase. Following a one-day trial event last year, AT will now be introducing interim improvements around Ōwairaka District School for a six-month period.
18. Safe School Streets is a pilot programme that AT is trialling with a number of schools around Auckland, which sees temporary measured introduced before long term solutions are implemented to increase safety outside schools during peak times. The changes are designed to reduce the number of vehicles directly outside schools and improve pedestrian and cycling safety for students and their families travelling to and from school each day.
19. During the school holidays in July 2020, AT will be installing several interim street changes that align with the one-day event from last year. The plans include:
· Drop-off and pick-up/ park and walk zones:
Encouraging parents / caregivers to drop children off at these drop-off zones.
· Restricted parking:
There will be no school parking on the school side of Richardson Road for parents during drop off/pick up times; however, parking for parents will be available at a number of park and walk locations.
· Unlocked gate:
The school gate located in Murray Halberg Park will be unlocked and opened during the interim phase.
20. Feedback on the interim measures and programme will be taken later in 2020. Following taking feedback AT will look to introduce permanent fixtures next year.
Waterview Pathway
21. Work has been completed on resurfacing parts of the boardwalk near Unitec on the Waterview pathway. The new anti-slip surface has been installed and testing has shown it to be very successful.
22. The plaques at Harbutt Reserve and Trent Street and the bridge naming signage have been installed.
Progress on Projects with LBTCF allocated in 2016-2019
Project |
Description |
Status |
Funds Allocated |
Chamberlain Park Greenway and Bridge
|
Construction of shared path and bridge |
The shared path will link Rawalpindi Reserve, through the proposed local park, to the North Western pathway. This project is being managed by Auckland Council Community Facilities. Further funding is required to progress this project.
|
$200,000 |
Waterview Pathway / Alford Street Tie-In
|
To provide a more seamless connection between Alford Street and the Waterview shared path
|
Work on this project is nearly complete. The safety handrail for the staircase is yet to be installed.
|
$210,000 |
Point Chevalier Road Cycle Improvements (Meola Road to Coyle Park)
|
To provide safe cycling facilties on Point Chevalier Road from Meola Road to Coyle Park and build on the Pt Chevalier to Westmere cycling project.
A budget of $100,000 has been approved to undertake an investigation into options. |
Three options were workshopped with the Board in February 2020. These were all dismissed as either unsatisfactory or beyond the Board’s budget to deliver. AT has presented an alternative option to the Board. The further development of this project depends on whether funding is available to construct the parent project (Pt Chevalier to Westmere) and the outcome of Council’s Emergency Budget.
|
$100,000 |
Mt Albert Traffic Calming (Southern section)
|
To provide traffic calming to improve road safety in Mt Albert between Mt Albert, New North and St Lukes roads.
|
This project is out for public consultation. The further development of this project depends on and the outcome of Council’s Emergency Budget.
|
$715,000 |
The provision of a safe crossing point on Woodward Road to provide a pedestrian connection from Phyllis Reserve / Harbutt Reserve / Waterview Shared Path to the Mt Albert shops and train station.
|
It is expected that external consultation will commence in July 2020. |
$111,000 |
|
Great North Road, Western Springs
|
The provision of a signalised mid-block crossing on Great North Road at Western Springs to provide safety for families crossing here.
|
Scheme design has been completed and the project is in internal AT consultation stage. This is a “red-line” community safety fund project and may be funded from either or both funds.
This project will now proceed to external consultation.
|
$390,000 |
|
The provision of a signalised mid-block crossing on Great North Road, Waterview between Blockhouse Bay Road and Fir Street.
|
This project has achieved TCC signoff and is ready to be tendered. Its future development will depend on the outcome of the Council’s Emergency Budget.
|
$390,000 |
New North Road, Sandringham
|
The provision of a signalised mid-block crossing on New North Road, Sandringham in the vicinity of Wolseley Street to allow safer access to the Morningside train station.
|
This project has achieved TCC signoff and is ready to be tendered. Its future development will depend on the outcome of the Council’s Emergency Budget.
|
$390,000 |
To provide sharrow markings, gateway and wayfinding signage at Sutherland Road, to improve safety for cyclists and pedestrians.
|
The design of this project has been completed and procurement will follow. |
$15,000 |
Community Safety Fund Projects – Update
23. The Community Safety Fund is funded from Auckland Transport’s safety budget and is dependent on the level of funding Auckland Transport receives from Auckland Council.
24. Current indications are that this level of funding will be significantly constrained. Public consultation and the design work informed by this consultation, is progressing, with a view to having projects designed and ready to go, when money becomes available.
Pt Chevalier Signalised Crossing Improvement
Installation of new pedestrian countdown timers to existing signalised crossing and review signal timings.
|
Project team is currently processing procurement for installing the new countdown timers. Timeframes for installation are yet to be confirmed.
|
Epsom Normal School Pedestrian Crossing Upgrade
Pedestrian safety improvement with protected pedestrian phase at the intersection.
|
Pedestrian safety improvement of protected pedestrian phasing at this intersection has been implemented. |
Epsom Normal School Pedestrian Crossing Upgrade - raised zebra
Raise existing zebra crossing outside Epsom Primary and upgrade existing school zone signage.
|
Public consultation on this project began in late May.
|
Waterview School
Upgrade the existing courtesy crossing into a formal zebra crossing on a raised concrete speed table outside Waterview Primary School to improve the overall safety at a highly utilised crossing facility.
|
Public consultation is now completed and results are being analysed.
|
Mt Eden Normal School
Upgrade existing at grade zebra crossing located near Mt Eden Primary School to a raised table zebra crossing. In addition, high friction surfacing is proposed at the approaches to the crossing facility. |
Public consultation is now completed and results are being analysed.
|
Our Lady of the Sacred Heart School
Installing a new signalised mid-block crossing near Banff Avenue to facilitate high pedestrian crossing movement across a busy arterial with high traffic volumes. |
Public consultation is now completed and results are being analysed.
|
Tauākī whakaaweawe āhuarangi
Climate impact statement
25. Auckland Transport engages closely with Council on developing strategy, actions and measures to support the outcomes sought by the Auckland Plan 2050, the Auckland Climate Action Plan and Council’s priorities.
26. One of AT’s core roles is providing attractive alternatives to private vehicle travel, reducing the carbon footprint of its own operations and, to the extent feasible, that of the contracted public transport network.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
27. The impact of information in this report is mainly confined to Auckland Transport. Where LBTCF projects are being progressed by Auckland Council’s Community Facilities group, engagement on progress has taken place. Any further engagement required with other parts of the Council group will be carried out on an individual project basis.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
28. The June 2020 transport workshop discussed the Aberfoyle Road connection to a potential LBTCF project. This followed on from the site visit on 16 June 2020.
29. Further prioritisation of LBTCF projects was postponed until after the outcome of Auckland Council’s Emergency budget.
30. Two skype calls in regard to the new 64 bus service were also held with the Chair and Deputy Chair.
Auckland Transport Consultations
31. AT provides the Albert-Eden Local Board with the opportunity to comment on transport projects being delivered in their area. The consultations below were sent to the Board during June 2020.
Location |
Proposal |
Baldwin Avenue |
This letter was to inform the Board that AT were improving access by painting broken yellow lines (no stopping at all times) at Baldwin Avenue, Mount Albert. These changes respond to a request from local residents to address the issue of refuge collection vehicles being unable to turn at the bottom of the street. Our proposal aims to make it easier for residents and larger vehicles, such as emergency service vehicles, to reach properties and turn safely in this street.
|
Mt Albert Traffic Calming |
Auckland Transport (AT), in partnership with the Albert – Eden Local Board, is proposing to install traffic calming measures as part of the Mt Albert South Traffic Calming Project. This proposal is part of a wider Residential Speed Management Programme across the Mt Albert area, aimed at reducing speeds and therefore improving the safety of pedestrians, people on bikes, and motorists.
|
984 New North Road |
AT is improving parking availability by changing three reserved parking spaces to the P120 (2-hour parking restriction) on the carpark at 984 New North Road in Mount Albert. We are responding to requests from the public about using these previously reserved spaces, causing issues of lack of available parking especially during the weekend and evenings. This will change all spaces in this carpark to P120, where vehicles can park for up to 120 minutes from 8am to 6pm, Monday – Sunday, including spaces for mobility permit holders. These changes aim to create more spaces for the public to use.
|
Pickett Avenue |
AT is proposing painting broken yellow lines (no stopping at all times) parking restrictions on Pickett Avenue, Sandringham. The proposal responds to concerns from the local community that parked cars are causing congestion on this narrow street. This is blocking entering or exiting for residents and obstructing access for emergency service vehicles. This proposal aims to make it easier for residents and larger vehicles, such as emergency service vehicles, to reach properties and turn safely in this street.
|
Traffic Control Committee resolutions
32. The decisions of the Traffic Control Committee affecting the Albert-Eden Board area during the June 2020 reporting period are noted below.
Street Name |
Nature of Restriction |
Type of Report |
Decision |
Sandringham Road and surrounding streets, Kingsland
|
Temporary Traffic and Parking changes (Event) |
Temporary Traffic and Parking changes (Event)
|
Carried |
Brightside Road / Shipherds Avenue / Gillies Avenue, Epsom |
Permanent Traffic and Parking changes |
No Stopping at All Times / P120 Parking / Give-Way Control / Removal of No Stopping At All Times / Removal Of Bus Stop
|
Carried |
Great North Road / Fairlands Avenue, Waterview |
Permanent Traffic and Parking changes |
No Stopping at All Times / Bus Stop / Bus Shelter / Flush Median / Traffic Signal / Surface Friction Treatment / Lanes / Lane Arrow
|
Approved with Conditions |
New North Road, Morningside |
Permanent Traffic and Parking changes |
Flush Median / Traffic Signal / Surface Friction Treatment / No Stopping at All Times / No Stopping Between Certain Hours / Lanes / Lane Arrow Marking
|
Approved with Conditions |
Sandringham Road and surrounding streets, Kingsland
|
Temporary Traffic and Parking changes (Event) |
Temporary Traffic and Parking changes (Event) |
Carried |
Tauākī whakaaweawe Māori
Māori impact statement
33. There are no specific impacts on Māori for this reporting period. AT is committed to meeting its responsibilities under Te Tiriti o Waitangi-the Treaty of Waitangi-and its broader legal obligations in being more responsive or effective to Māori. Our Maori Responsiveness Plan outlines the commitment to with 19 mana whenua tribes in delivering effective and well-designed transport policy and solutions for Auckland. We also recognise mataawaka and their representative bodies and our desire to foster a relationship with them. This plan is available on the Auckland Transport website - https://at.govt.nz/about-us/transport-plans-strategies/maori-responsiveness-plan/#about
Ngā ritenga ā-pūtea
Financial implications
34. The proposed decision of receiving the report has no financial implications for the Albert-Eden Local Board.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
35. Auckland Council is consulting on its Emergency Budget 2020/2021 from Friday 29 May. There will be more certainty on the impacts to the AT programme when the budget is adopted in July.
36. AT’s capital and operating budgets will be reduced through this process. Some projects planned for 2020/2021 may not be able to be delivered, which will be disappointing to communities that AT has already engaged with.
37. Both the Community Safety Fund and the Local Board Transport Capital Fund may be impacted by these budget reductions.
38. The only way to mitigate this risk is to clearly communicate the board’s intentions so staff supporting it may plan ahead and to make the best use of any available funds.
Ngā koringa ā-muri
Next steps
39. Auckland Transport will provide another update report to the Board in August 2020.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Lorna Stewart - Elected Member Relationship Manager |
Authorisers |
Jonathan Anyon - Manager, Elected Member Relationship Unit Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
21 July 2020 |
|
Albert-Eden Local Board feedback on the Covid-19 Recovery (Fast-track Consenting) Bill
File No.: CP2020/08862
Te take mō te pūrongo
Purpose of the report
1. To note the local board input to council’s submission on central government’s Covid-19 Recovery (Fast-track Consenting) Bill.
Whakarāpopototanga matua
Executive summary
2. Local boards have the opportunity to provide input into Auckland Council submissions on central government documents.
3. As the deadline for providing feedback on these documents fell prior to the next scheduled local board business meeting the delegation to the chairperson (resolution number: AE/2020/39) was used to approve formal local board feedback. The feedback provided on this document is noted in this report.
4. On 16 June 2020 the Government announced a major element of its COVID-19 rebuild plan with a law change that will fast track eligible development and infrastructure projects under the Resource Management Act (RMA).
5. The fast-track process is designed as a short-term intervention to help with economic recovery from COVID-19 and the legislation will be repealed in two years. Existing Treaty of Waitangi settlements will be upheld, as will sustainable management and existing RMA national direction.
6. Some large-scale Government-led projects, including those in the NZTA’s National Land Transport Programme, will be named in the legislation to go through the fast-track consent process. Some works by Government agencies will be able to start “as of right.” A number of “shovel-ready” projects identified by the Infrastructure Industry Reference Group are also likely to be accelerated under the fast-track consenting process.
7. The Minister for the Environment will determine which projects will enter the fast-track resource consenting process for public and private-led projects, with reference to criteria, and with projects named through Orders in Council. Designations for public assets and infrastructure can also be part of this fast-track process. The resource consent applications for these projects will be processed by an Expert Consenting Panel. Once a project is referred to the Panel there is a high level of certainty the resource consent will be granted.
Recommendation/s That the Albert-Eden Local Board: a) note its input to Auckland Council’s submission on central government’s Covid-19 Recovery (Fast-track Consenting) Bill.
|
Attachments
No. |
Title |
Page |
a⇩ |
Albert-Eden Local Board feedback on the Covid-19 Recovery (Fast-track Consenting) Bill |
91 |
Ngā kaihaina
Signatories
Author |
Claire Abbot - Local Board Services Graduate |
Authorisers |
Louise Mason - GM Local Board Services Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
Albert-Eden Local Board 21 July 2020 |
|
Albert-Eden Local Board feedback on the
Covid-19 Recovery (Fast-track Consenting) Bill Friday 19th June
Preliminary comments:
The Albert-Eden Local Board is skeptical about the need to subvert the existing RMA consenting process, given that the Minister for the Environment has had the ability since 2009 to “call-in” certain nationally significant projects and refer them to a Board of Inquiry for decision.
However, in light of the severe economic down-turn caused by the Covid Crisis, we concede that some significant projects have the potential to stimulate the economy and thus may merit even faster decision-making by way of limited exception to the usual process. Thus, we reluctantly support this Bill in principle provided that it is used sparingly and for a limited time, and with appropriate safe-guards to ensure wise-decision making to approve structures that will be around for many decades, if not centuries.
Our key submission is that any project referred to the Fast-Tracking process must be subject to review by a Panel with appropriate expertise. We are pleased to see that the original proposal for direct approval by legislation or Ministerial approval has been modified to ensure that all projects are to be considered by a Panel who will make recommendations to the Minister for the Environment. However, certain aspects of the process need to be improved to ensure that far-reaching decisions are not made by a very small group without benefit of the knowledge of subject-matter experts and the affected communities.
Another key point is that the most time-consuming part of the decision-making process is not the actual approval (in practice almost all Resource Consent Applications are approved), but rather in crafting numerous conditions of consent – which can run to hundreds for larger projects. Thus, the Panel and those making the final decision need adequate time to carefully consider the issues and options before them. Although many hanker for the quickest possible processing time – the reality is that sub-optimal decisions may prove costlier (in both time and dollars) in the long run.
Specific Comments on the Bill now out for consultation:
Panels and Panel Size
1. We strongly support the principle that all applications be referred to an independent panel with an appropriate mix of expertise. Under the RMA process a panel of quasi-judicial decision makers are supposed to impartially consider the arguments and evidence of the applicant alongside public submissions, and specifically enjoined not to consider facts drawn from their own memory or experience which have not been not explicitly presented to them in evidence. But under the proposed process an expert panel will consider the applicant’s evidence alongside a very limited set of submissions from invited parties. Therefore, it is imperative that the panel will include a range of appropriate expertise to properly evaluate all aspects of the application.
2. It is not credible that a 4-person panel will have such a range of expertise (given that 3 members of each panel are specified as a Judge in the chair plus an Iwi representative and a Council representative) as there will only be one slot for a subject-matter expert). Therefore, we recommend a larger panel of at least 6 members – and more for larger projects.
3. We note that the Bill refers to iwi, and in the Auckland context it is most appropriate for the representative to have mana whenua status for the area the project is based in.
4. Those six (or more) members must consist of a mana whenua and council representative. It is particularly important to have a mana whenua representative (or more than one) on the panel as appeal rights are limited. In the context of the Auckland region the council representative should be a local board member, with appropriate experience, that is from the area the project is based in, to provide local knowledge, expertise and oversight.
Submissions Process:
5. Clause 17 (1) explicitly prevents the panel from giving public or limited notification, although clauses 17 (2) – (5) do allow for a range of parties to be invited to make comment. While acknowledging the government’s desire to speed up the process, the Board requests that active consideration be given to a form of Limited Notification. This would allow immediately affected neighbours of the proposed project to make submissions within a short timeframe.
6. We would also advocate that parties with “a greater than average interest” be allowed to participate in the process – e.g. relevant local groups (environmental, historical, cultural, etc.) who can demonstrate an actual interest in the project.
Draft Conditions and Comments from Submitters:
7. Clause 34 requires that, prior to making its final decision, the Panel shall provide a copy of its draft conditions to the applicant and those invited to submit. The Panel will be required to “have regard to” any comments on potential improvements to the conditions. However, this deliberately excludes the general public, including many with a likely interest. We suggest that the draft decision and conditions are made public and anybody with an interest given an opportunity to comment within the allowed time frame. Such comments would be restricted to potential amendments to the conditions, not the actual decision to approve the consent. Although invited submitters may have considerable insight into likely impacts, those who live nearby will have important local knowledge to inform the final decision.
Climate Change:
8. The Climate Change Commission advocates that a climate change lens be applied to economic measures, noting that an economic stimulus package can either speed up or stall progress towards climate goals. The Board supports this principle and trusts that it will be incorporated into this Bill.
9. Climate change mitigation, adaptation and other environmental outcomes should be explicitly included as criteria for public benefit in s19.
10. In addition, s19 should be re-worded from ‘may consider’ to ‘must consider’. Climate and environmental impact assessment shouldn’t be optional, and projects should have to have a good claim to public benefit (for at least one of the reasons set out in this section) in order to be fast-tracked.
21 July 2020 |
|
Panuku Auckland Development- Albert-Eden Local Board Six-Monthly Report 01 September 2019 to 29 February 2020
File No.: CP2020/08017
Te take mō te pūrongo
Purpose of the report
1. To update the Albert-Eden Local Board on Panuku Development Auckland (Panuku) activities within the local board area and the region for the six months from 1 September 2019 to 29 February 2020.
Whakarāpopototanga matua
Executive summary
· 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 Development Auckland currently manages 33 commercial or residential interests in the Albert-Eden Local Board Local Board area.
4. No properties were purchased, in the Albert-Eden Local Board area during the six month reporting period.
5. No properties were sold in the Albert-Eden Local Board area during the six month reporting period.
6. Two properties are currently under review as part of our rationalisation process.
Recommendation/s That the Albert-Eden Local Board: a) receive the Panuku Auckland Development- Albert-Eden Local Board Six-Monthly Report 1 September 2019 to 29 February 2020.
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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 1,674 properties, containing 1,035 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
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 Albert-Eden Local Board area:
Mt Eden (Dominion / Valley Road)
15. On 9 March 2020, the Environment Court released an interim decision on the resource consent for the mixed-use development on this property. The Court concluded that except in relation to construction noise and vibration, the appeal could be granted subject to revised conditions. Panuku and Council are now considering the decision and in particular, the Court’s directions on the conditions for construction noise and vibration. Panuku plan to enter into discussion with neighbours on potential mitigation measures.
Properties managed in the Albert-Eden Local Board Area
16. Panuku currently manages 30 commercial and 3 residential interests within the local board area.
Portfolio strategy
Optimisation
17. Optimisation is a self-funding development approach targeting sub-optimal service assets approved in 2015. The process involves an 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 with no impact on existing rate assumptions.
18. Using optimisation, underperforming assets will have increased utility and efficiency, lower maintenance and operating costs, as well as improved service delivery benefiting from co-location of other complimentary services or commercial activities. Optimisation will free up a range of undercapitalised development opportunities such as air space, full sites, or part sites.
19. 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.
20. 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
21. 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 development if appropriate. Panuku has a focus on achieving housing and urban regeneration outcomes.
22. Identifying potential sale properties contributes to the Auckland Plan focus of accommodating the significant growth projected for the region over the coming decades, by providing the council with an efficient use of capital and prioritisation of funds to achieve its activities and projects.
Performance
23. Panuku works closely with Auckland Council and Auckland Transport to identify potential surplus properties to help achieve disposal targets.
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
24. 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 councilors, the Independent Māori Statutory Board and finally, a Governing Body decision.
Acquisitions and disposals
25. 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
26. 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.
27. Panuku has purchased 7 properties for open space across Auckland in the time period between September 2019 and March 2020 at a cost of $23.1 million.
28. No properties have been purchased in the Albert Eden Local Board area during the reporting period for open space.
29. 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
30. In the reporting period between September 2019 and March 2020, the Panuku disposals team has entered into six sale and purchase agreements, with an estimated value of $3.5 million of unconditional net sales proceeds.
31. 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.
32. No properties have been sold in the Albert Eden Board area during the reporting period.
Under review
33. Properties currently under review in the Albert-Eden Local Board area are listed below. The list includes any properties that may have recently been approved for sale or development and sale by the governing body.
Property |
Details |
520 Dominion Road (aka 173 Balmoral Road), Mt Eden |
A small landlocked property directly adjacent to Potters Park. It was acquired by the former Mount Eden Borough Council in 1940. The property is a local purpose (Plunket rooms) reserve, subject to the Reserves Act 1977. Council’s Community Facilities department is currently undertaking a building condition assessment of the property. Further Panuku engagement with the board is dependent on the conclusion of that investigation.
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2 Wiremu Street, Balmoral |
A former residential property leased as a commercial childcare centre. Following internal consultation undertaken in 2015, council’s Community Policy & Planning department advised it dd not require the property to deliver a council service use or for early childhood learning purposes. Various options were investigated at the request of the Albert-Eden Local Board, including retaining the property for community leasing purposes, but the proposed service uses are not supported by council departments. In June 2016 council’s Finance and Performance Committee deferred making a decision to enable time for a possible location for a senior’s hub to be identified. Council’s Community Facilities department has reconfirmed advice previously provided that the property is not required to deliver a council service use. A final decision regarding the future of the property is likely to be sought from the Finance and Performance Committee In 2020.
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Tauākī whakaaweawe āhuarangi
Climate impact statement
35. Climate
change increases the probability of hotter temperatures and more frequent
flooding and drought in the Albert-Eden Local Board Area. 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
36. 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
37. Any local or sub-regional impacts related to local activities are considered on a project by project basis.
Tauākī whakaaweawe Māori
Māori impact statement
38. Panuku work collaboratively with mana whenua on a range of projects including potential property disposals, development sites in the area 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.
39. Panuku will continue to partner with Māori on opportunities which enhance Māori social and economic wellbeing.
Ngā ritenga ā-pūtea
Financial implications
40. There are no financial implications associated with this report.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
41. There are no risks associated with receiving this report.
Ngā koringa ā-muri
Next steps
42. The next six-month update is scheduled for October 2020.
Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Perin Gerrand - Engagement Coordinator |
Authorisers |
Lisa Gooding - Senior Engagement Advisor Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
Albert-Eden Local Board 21 July 2020 |
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Governing Body Members' Update
File No.: CP2020/00703
Te take mō te pūrongo
Purpose of the report
1. To provide an opportunity for the local ward area Governing Body Members to update the local board on Governing Body issues they have been involved with since the previous local board meeting.
Whakarāpopototanga matua
Executive summary
2. Standing Orders 5.1.1 and 5.1.2 provides provision in the local board meeting for Governing Body Members to update their local board counterparts on regional matters of interest to the local board.
Recommendation/s That the Albert-Eden Local Board: a) receive Governing Body Members Christine Fletcher and Cathy Casey’s verbal updates
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Attachments
There are no attachments for this report.
Ngā kaihaina
Signatories
Author |
Michael Mendoza - Democracy Advisor |
Authoriser |
Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
Albert-Eden Local Board 21 July 2020 |
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File No.: CP2020/00709
Te take mō te pūrongo
Purpose of the report
1. To provide the opportunity for the local board chairperson to provide a written update on projects, meetings and other initiatives relevant to the local board’s interests.
Whakarāpopototanga matua
Executive summary
2. In accordance with Standing Order 2.4.7, the chairperson will update board members by way of a written report.
Recommendation/s That the Albert-Eden Local Board: a) receive the Chairperson’s report.
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Attachments
No. |
Title |
Page |
a⇩ |
Chairperson Watson's July 2020 Report |
103 |
Ngā kaihaina
Signatories
Author |
Michael Mendoza - Democracy Advisor |
Authoriser |
Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
21 July 2020 |
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File No.: CP2020/00719
Te take mō te pūrongo
Purpose of the report
1. To provide an opportunity for local board members to provide a written update on projects, events-attended since the previous month’s meeting and discuss other matters of interest to the board.
Whakarāpopototanga matua
Executive summary
2. This is an information item and it is optional for board members to provide a written board member report for inclusion in the agenda.
3. Local board members are recommended to use a Notice of Motion, rather than a Board Member Report, should a member wish to propose a recommendation or request action to be undertaken by staff.
Recommendation/s That the Albert-Eden Local Board: a) receive the written Board Member Reports for July 2020.
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Attachments
No. |
Title |
Page |
a⇩ |
Member Robertson - July 2020 Board Report |
109 |
Ngā kaihaina
Signatories
Author |
Michael Mendoza - Democracy Advisor |
Authoriser |
Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
21 July 2020 |
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Albert-Eden Local Board Workshop Records
File No.: CP2020/00741
Te take mō te pūrongo
Purpose of the report
1. To provide an opportunity for the local board to receive the records of its recent workshops held following the previous local board business meeting.
Whakarāpopototanga matua
Executive summary
2. In accordance to Standing Order 12.1.4, the local board shall receive a record of the general proceedings of each of its local board workshops held over the past month.
Recommendation/s That the Albert-Eden Local Board: a) receive the Albert-Eden Local Board Workshop Records for the workshops held on 9, 23 and 30 June and 9 July 2020.
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Attachments
No. |
Title |
Page |
a⇩ |
9 June 2020 Albert-Eden Local Board Workshop Record |
115 |
b⇩ |
23 June 2020 Albert-Eden Local Board Workshop Record |
117 |
c⇩ |
30 June 2020 Albert-Eden Local Board Workshop Record |
121 |
d⇩ |
9 July 2020 Albert-Eden Local Board Workshop Record |
123 |
Ngā kaihaina
Signatories
Author |
Michael Mendoza - Democracy Advisor |
Authoriser |
Adam Milina - Relationship Manager - Albert-Eden & Orakei Local Boards |
[1] Council’s Events Policy refers to major events as events having a regional, national and international profile.
[2] MT/2017/144 (Mt Smart); AE/2015/119 (Eden Park); RBC/2015/41 and WTM/2016/110 (Christmas in the Park); ADC/2017/43 (Lantern Festival).
[3] There are two Eden Park Fan Trails designed for fans to walk to Eden Park. One starts at Ponsonby Road (activated on ‘match days’) and one starts from Queen Elizabeth Square (last used during the 2011 Rugby World Cup).
[4] Section 147A of the Local Government Act 2002.