Agenda of Hibiscus and Bays 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 Hibiscus and Bays Local Board:

a) confirm the ordinary minutes of its meeting held on Thursday 18 June 2020 and the extraordinary minutes of its meeting held on Thursday 9 July 2020 as a true and correct record.

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 Hibiscus and Bays 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.”

Hibiscus and Bays Local Board

16 July 2020

Auckland Transport Update to the Hibiscus and Bays Local Board July 2020

File No.: CP2020/09329

Te take mō te pūrongo

Purpose of the report

1. To provide an update on Auckland Transport activities in the Hibiscus and Bays Local Board area and a summary of the Community Safety Fund.

Whakarāpopototanga matua

Executive summary

2. This report covers:

· a summary of Auckland Transport projects and operations in the local board area.

· a summary of the local board’s Community Safety Fund.

· a summary of the consultations and general information items sent to the local board.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) receive the Auckland Transport Update July 2020.

Horopaki

Context

3. Auckland Transport (AT) is responsible for all of Auckland’s transport services, excluding state highways. As set out in our Local Board Engagement Plan, we report on a monthly basis to local boards. This monthly reporting commitment acknowledges the important role local boards play within the governance of Auckland Council on behalf of their local communities.

4. This report updates the Hibiscus and Bays Local Board on Auckland Transport projects and operations in the local board area, it includes information on the Local Board Transport Capital Fund (LBTCF) and the Community Safety Fund (CSF), and it provides a public record of the consultations and general information sent to the local board.

5. The LBTCF is a capital budget provided to all local boards by Auckland Council and delivered by Auckland Transport. Local boards can use this fund to deliver transport infrastructure projects that they believe are important but are not part of Auckland Transport’s work programme.

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

7. The table below has a general summary of projects and activities of interest to the local board with their current status. Please note that all timings are indicative and are subject to change:

Item	Update
301 Beach Road, Campbells Bay - Pedestrian Improvements	Consultation is complete.
Beach Road and Bute Road, Browns Bay – Roundabout upgrade	Project is currently in detailed design stage. The next steps will be subject to the outcomes from the Emergency Budget 2020/2021.
Central Boulevard and Milner Avenue, Silverdale - Parking Time Restrictions	Following public consultation this project will proceed with changes to the next stage of detailed planning. This project is waiting to be approved by the Traffic Control Committee. Once approved the signs will be installed and enforcement will start. This project is expected to be completed in the next two months.
East Coast Road – Electronic Message Signs	The Electronic Journey Time (VMS) Sign has been installed at East Coast Road. Currently work is in progress for the power connection to be made to operate the sign.
Glenvar Road and East Coast Road improvements - footpath and intersection upgrades, bus lanes, cycle facility upgrades, and safety measures.	The Single Stage Business Case is still being reviewed. The next steps will be subject to the outcomes from the Emergency Budget 2020/2021.
Hibiscus Coast Bus Station	Construction is underway.
Hibiscus Coast Highway – Footpath Project between Noel Avenue and Puriri Avenue	Currently in external consultation phase. Delivery will be subject to the outcomes from the Emergency Budget 2020/2021.
Hibiscus Coast Highway – Footpath Project between Silverdale Street and Millwater Parkway/Hibiscus Coast Highway Intersection	The two separate projects (Batch B and Batch C) are being re-designed together by the consultant. Delivery will be subject to the outcomes from the Emergency Budget 2020/2021.
Hibiscus Coast Highway - Pedestrian island near the Estuary Arts Centre	Following public consultation this project will proceed with minor changes to the next stage of detailed planning. Delivery will be subject to the outcomes from the Emergency Budget 2020/2021.
Hibiscus Coast Highway - Signalised crossing in Orewa, existing refuge island upgraded to a signalised toucan crossing for cyclists and pedestrians (Community Safety Fund Project)	The external consultation for this project was closed out and is in detailed design. Delivery will be subject to the outcomes from the Emergency Budget 2020/2021.
Laurence Street, Manly – Speed Cushion upgrade to Speed Humps to lower speed in the area	Complete.
Orewa Town Centre Safety Improvements	Public consultation closed on 22 June. We received over 230 submissions and are busy working through the feedback received. We will come back to the local board to discuss the feedback once analysed before updating the local community on next steps.
Saddleback Rise, Murrays Bay - Pedestrian Crossing (Community Safety Fund project)	Public consultation is underway. Feedback closes on 21 July 2020.

Local Board Transport Capital Fund

8. 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’.

9. 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.

10. 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. Auckland Transport will update local boards on the status of the LBTCF as soon as decisions around the budget are finalised.

11. At its business meeting on 19 March 2020, the local board requested that AT provide scopes and rough order costs for projects for potential funding through the LBTCF available for the 2019 – 2022 electoral term. Auckland Transport has produced these costs, discussed with the local board at workshop on the 11 June 2020 and produced the following prioritized list:

Priority	Project	Rough order of cost
1	Browns Bay – Inverness Street	$1,475,581
2	Hatfields Beach – Option 2	$1,585,000
3	Beach Road – Stage 2	$1,375,000
4	Hillary Square – Option 1	$60,000
5	Laurie Southwick Parade – Footpath Option	$462,000

12. A report seeking a decision to progress these projects will be brought to a future local board business meeting when Auckland Transport can advise the local board’s on the funds available in the Local Board Transport Capital Fund.

Community Safety Fund Projects Update

13. 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. 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.

14. Progress on these projects will be subject to the outcomes from the Emergency Budget 2020/2021.

15. The below table has an update on the projects in the Community Safety Fund:

Name	Project Description	Update
20 Ramsgate Terrace, Mairangi Bay – conversion of existing raised table to a zebra crossing	Upgrade existing speed table to a raised zebra crossing. Crossing may need to be relocated depending on results of a pedestrian survey.	Initial designs for a raised zebra outside 20 Ramsgate Terrace are currently underway. Progress on this project is subject to the outcomes from the Emergency Budget 2020/2021.
214 Hibiscus Coast Highway, Orewa – Signalised Crossing for both cyclists and pedestrians linking shared paths across Hibiscus Coast Highway	Signalised crossing for both cyclists and pedestrians linking shared paths across Hibiscus Coast Highway	Public consultation has closed on this project. Detailed design for a signalised crossing on 214 Hibiscus Coast Highway is currently underway.
Hatfields Beach	New gateway treatment on Hibiscus Coast Highway on either approach to Hatfields Beach. Also, installing a new pedestrian refuge with side islands.	Project team is preparing the consultation documents for new gateway treatment on Hibiscus Coast Highway on either approach to Hatfields Beach. Timeframes for consultation are yet to be confirmed and will be subject to the outcomes from the Emergency Budget 2020/2021.

Speed Limits Bylaw

16. On June 30, 2020 new speed limits came into force across more than 600 roads in Auckland.

17. As part of Auckland Transport’s (AT’s) Safe Speeds programme, there are now lower speed limits on some roads in the Hibiscus and Bays local board area.

18. New data shows that in 2019, 40 people died on our roads and an additional 567 were seriously injured.

19. To see an interactive map showing the changes: at.gov.nz/speed or at.govt.nz/safespeeds

Traffic Control Committee Decisions

20. AT's resolution and approval process ensures the most appropriate controls and restrictions are put in place and can be legally enforced. The decisions made by AT’s Traffic Control Committee in the Hibiscus and Bays Local Board during June 2020 is as follows:

Street Name

Report Type

Nature of Restriction

Decision

Riverglade Lane / Matakana Road

Permanent Traffic and Parking changes

No Stopping At All Times / School Crossing Point / School Patrol / No Passing / Traffic Island / Edge Line / “School” Marking

Carried

East Coast Road / Goldwater Drive / Tavern Road / Forge Road / Painton Road / Small Road / Kea Road / Mita Road / Pohewa Road / Silverwater Drive

Permanent Traffic and Parking changes

Lanes / Lane Arrow Marking / Cycle Path / Shared Path / No Stopping At All Times / Traffic Island / Footpath / Give-Way Control / Traffic Signal / Traffic Island / Roundabout / Flush Median / Edge Line

Approved in Principle

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. 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.

22. Auckland Transport’s core role is in 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

23. The impact of information (or decisions) in this report is confined to AT and does not impact on other parts of the council group.

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

Local impacts and local board views

24. Auckland Transport regularly corresponds with the local board on matters of interest in their area. This is for the local boards information and to provide an opportunity for the local board to provide feedback.

Local Board Workshops

25. Auckland Transport attended workshops with the local board on 11 June 2020 on the subject of their LBTCF and proposed AT projects on Whangaparaoa Road.

Information items sent to the board:

26. Please see below for a summary of items sent to the local board for their information or feedback:

Item	Date sent to Board
FYI: Innovating Streets round 2 expressions of interest update	11/06/20
FYI: Park and Ride Information	18/06/20
FYI: Laurence Street	22/06/20
FYI: Whangaparaoa Dynamic Lanes	26/06/20
FYI: Saddleback Rise, Murrays Bay - Pedestrian Crossing	1/07/20

Tauākī whakaaweawe Māori

Māori impact statement

27. The proposed decision of receiving the report has no impacts or opportunities for Māori. Any engagement with Māori, or consideration of impacts and opportunities, will be carried out on an individual project basis.

Ngā ritenga ā-pūtea

Financial implications

28. There are no financial implications in receiving this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

29. Auckland Council is currently consulting on its Emergency Budget 2020/2021. Until this review and a new budget is adopted in July 2020, AT will not be able to report with certainty on our programme.

30. However, under both proposed revisions to the budget AT’s capital and operating budgets will be reduced. Therefore, we can expect that some projects we had planned for 2020/2021 may not be able to be delivered and we expect this will be disappointing to communities that we had already engaged with.

31. Both the Community Safety Fund and the Local Board Transport Capital Fund may be impacted by these budget reductions. The only way to mitigate this risk is to clearly communicate the local board’s priorities so staff supporting it may plan and to make the best use of any available funds.

Ngā koringa ā-muri

Next steps

32. Auckland Transport will provide another update report to the local board next month.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Ben Halliwell - Elected Member Relationship Manager

Authorisers

Jonathan Anyon, Manager – Elected Member Relationship Unit

Lesley Jenkins - Relationship Manager, Hibiscus and Bays Local Board

Hibiscus and Bays Local Board

16 July 2020

New community lease to Browns Bay Racquets Club Incorporated situated at 4 Woodlands Crescent, Browns Bay.

File No.: CP2020/08492

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease to Browns Bay Racquets Club Incorporated at Freyberg Park, 4 Woodlands Crescent, Browns Bay.

Whakarāpopototanga matua

Executive summary

2. Browns Bay Racquets Club Incorporated holds an operative community lease for the club-owned building and improvements at Freyberg Park, 4 Woodlands Crescent, Browns Bay.

3. The current lease expired on 31 March 2020. The lease is still operative on a month-by-month basis.

4. Browns Bay Racquets Club Incorporated (club) was created to encourage and provide facilities for squash, tennis, and associated amenities, for the benefit of the local area.

5. The club has applied for a new lease. After assessing the club’s application, staff are satisfied that the requirements under Auckland Council’s Community Occupancy Guidelines 2012 have been met.

6. This report recommends that the Hibiscus and Bays Local Board grant a new community lease to Browns Bay Racquets Club Incorporated. The recommendations within this report align with the Hibiscus and Bays Local Board Plan 2017 outcome: “Our community enjoys access to quality parks, reserves and facilities for leisure, sport and recreation”.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) grant a new community lease to Browns Bay Racquets Club Incorporated for the premises 4 Woodlands Crescent, Browns Bay, comprising approximately 5,515m², described as Part Lot 4 DP 39141, Part Lot 15 DP 40933 and Part Lot 19 Block 5DP 10801 (outlined in red on Attachment A to the agenda report), under the following terms and conditions:

i) term – 10 years commencing on 1 April 2020 with one right of renewal for a further term of 10 years

ii) final expiry – 31 March 2040

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

b) all other terms and conditions to be in line with the Reserves Act 1977 and Auckland Council’s Community Occupancy Guidelines 2012 (under review), including a community outcomes plan or similar framework to measure community benefit and club sustainability.

Horopaki

Context

7. This report considers the issuing of a new community lease to Browns Bay Racquets Club for its squash and tennis courts and clubrooms situated at Freyberg Park, Browns Bay.

8. The Hibiscus and Bays Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Land, Buildings and Lease

9. Browns Bay Racquets Club Incorporated holds an operative community lease over the clubrooms and improvements at Freyberg Park, Browns Bay, described as Part Lot 4 DP 39141, Part Lot 15 DP 40933 and Part Lot 19 Block 5 DP 10801, comprising 5,515m² of land classified as recreation reserve, held in fee simple by Auckland Council under the Reserves Act 1977.

10. The club’s activities are provided for in the Freyberg Park Reserve Management Plan adopted on 7 May 2009. There is no departure from the approved land use.

11. The area proposed to be leased to the club consists of approximately 5,515m² which is the footprint of the club-owned building and courts, represented by the area marked A and outlined in red on Attachment A.

The Browns Bay Racquets Club Incorporated

12. The club was incorporated during 1949, has been in existence for more than 70 years and maintains a strong presence within the area, serving generations of players and the wider community.

13. The club has 447 members, with a strong focus on youth development with almost a third of its members aged between five and 21. Browns Bay Racquets Club Incorporated offers a range of coaching programmes, from beginner to advanced players in both squash and tennis.

14. The club is run and operated by a team of local volunteers with five part-time employees which include a Club Manager, Bar Manager, and staff.

15. The club has recently completed a three-year project to replace the flood lights on tennis courts one to five with energy efficient LEDs, improving the facility and creating opportunities to host events previously not possible due to poor light quality.

16. The club is implementing the ClubSpark CRM system with the aim of increasing general access to the facilities. With this new system, courts can be booked online by non-members who will be able to gain access electronically.

Tātaritanga me ngā tohutohu

Analysis and advice

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

18. Under the guidelines, the club has an automatic right to re-apply for a new lease at the end of its occupancy term, a right which it is exercising. It is recommended that a new lease be granted for a term of 10 years with one right of renewal for a further term of 10 years, in accordance with the guidelines.

19. The local board has discretion to vary the term of the lease if it wishes. The guidelines suggest that where a term is varied, it aligns to one of the recommended terms contained in the Community Occupancy Guidelines 2012.

20. After assessing the lease application and meeting with the club, staff have determined that it qualifies for a new community lease by virtue of the following:

i. The activity of the club supports the Hibiscus and Bays Local Board Plan 2017 outcome: “Our community enjoys access to quality parks, reserves and facilities for leisure, sport and recreation”

ii. The club is not in breach of the current occupancy agreement

iii. The club’s financial accounts have a surplus with no known contingent
liabilities

iv. The club sustains its activities predominantly through membership and
hirage fees

v. The building meets the needs of the club and users of the courts.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. The designated impact level of the recommended decision on Green House Gas emissions is “no impact” as the proposal continues an existing activity and does not introduce any new sources of emissions.

22. Climate change has an unlikely potential to impact the lease as the site does not sit in close proximity to the coast or in a flood zone. (Attachment B)

23. The site is in a flood plain where the potential damage is reduced via the all-weather artificial courts. Therefore, the loss of playing facilities due to heavy rain is mitigated.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. In compiling the recommendations staff obtained input from Parks, Sports and Recreation and Operational Management and Maintenance, and a new lease is supported.

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

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

Local impacts and local board views

26. This is an approved item on the Community Facilities Work Programme for 2019/2020 which was adopted by the local board on 20 June 2019 (resolution number HB/2019/90).

27. The proposed lease to the club supports the Hibiscus and Bays Local Board Plan 2017 outcome: “Our community enjoys access to quality parks, reserves and facilities for leisure, sport and recreation”.

28. The land classification, together with the reserve management plan, envision the park to be used for recreation. Additionally, the lease to Browns Bay Racquets Club Incorporated is contemplated in the Freyberg Park Management Plan. Consequently, staff do not foresee that there will be significant local impact.

Tauākī whakaaweawe Māori

Māori impact statement

29. There is no statutory requirement for public notification or Iwi engagement for this new lease as the group is contemplated in the reserve management plan. At the time of the reserve plan’s initial consultation Council would have engaged with Iwi concerning all groups present on the Park and their ongoing activities in their locations.

Ngā ritenga ā-pūtea

Financial implications

30. There are no direct costs to council associated with this new community lease.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31. If the Hibiscus and Bays Local Board resolves not to grant the new lease to Browns Bay Racquets Club Incorporated, the club’s ability to undertake its core activities will be materially affected, which in turn will have a negative impact on the wider community and the desired local board outcomes.

32. Additionally, the activity is identified in the reserve management plan and is suited to activate the recreational potential of the park.

33. As there is no significant departure from the approved land use or change in activities, there are no identified risks in granting the lease.

Ngā koringa ā-muri

Next steps

34. Subject to the local board granting a new community lease, council’s community leasing staff will work with the club to formalise the lease agreement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Attachment A - Site map for Browns Bay Racquet Club. (Under Separate Cover)
b ⇨	Attachment B - Flood Plains for Freyberg Park. (Under Separate Cover)

Ngā kaihaina

Signatories

Author

Gert van Staden - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Lesley Jenkins - Relationship Manager, Hibiscus and Bays Local Board

Hibiscus and Bays Local Board

16 July 2020

Statement of proposal to amend the Alcohol Control Bylaw

File No.: CP2020/08713

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 Hibiscus and Bays 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 Hibiscus and Bays Local Board provide its views on the draft proposal.

6. There is a reputational risk that the draft proposal or the Hibiscus and Bays Local Board’s views do not reflect the views of people in the local board area because the local board views are being sort prior to public consultation. 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 Hibiscus and Bays Local Board 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.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays 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

Proposals

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.

· Clarify exceptions to alcohol bans for licensed premises and the transport of alcohol, council’s ability to make temporary alcohol bans and Bylaw wording.

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 Hibiscus and Bay 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. At a later date the Governing Body 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:

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Statement of proposal to amend the Alcohol Control Bylaw (Under Separate Cover)

Ngā kaihaina

Signatories

Author

Elizabeth Osborne - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Lesley Jenkins - Relationship Manager, Hibiscus and Bays Local Board

No.	Title	Page
a ⇩	DOB Report June 2020	27
b ⇩	HBLB Silverdale Bus report to the local board 25.06.2020	29
c ⇩	Torbay BID - June Report 11062020	33
d ⇩	Vaughan Homestead - June Report	35
e ⇩	Victor Eaves Reserve Management Committee Report June 2020	37

No.	Title	Page
a ⇩	Governance Forward Work Calendar July 2020	41

No.	Title	Page
a ⇩	Workshop records 11 and 25 June	45

[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.

Chairperson	Gary Brown
Deputy Chairperson	Victoria Short
Members	Andy Dunn
	Janet Fitzgerald, JP
	Gary Holmes
	Julia Parfitt, JP
	Alexis Poppelbaum
	Leanne Willis