Agenda of Governing Body - 26 November 2020

Governing Body

26 November 2020

Review of drought restrictions for the 2020/2021 summer season

File No.: CP2020/17376

Te take mō te pūrongo

Purpose of the report

1. To review and approve amendments to the drought restrictions applied by the Emergency Committee on 7 May 2020 and amended by the Governing Body on 24 September 2020.

Whakarāpopototanga matua

Executive summary

2. On 7 May 2020 the Emergency Committee of Auckland Council resolved to implement mandatory stage one water restrictions (EME/2020/52) – minutes appended as Attachment A.

3. On 24 September 2020 the Governing Body resolved to adjust water restrictions, specifically removing some of the restrictions applied to commercial and non-residential water users (GB/2020/101 and GB/2020/102) – minutes appended as Attachment B. These adjustments came into force from 12 October 2020.

4. In September 2020 the Governing Body also resolved that the water use restrictions and delegations would be reviewed again by December 2020 with specific regard to assessing adjustments for residential users.

5. Following the adjustment to water restrictions on 12 October 2020 water consumption has been maintained well below the normal consumption levels, and well below the targets. Overall demand is increasing as was expected leading into summer, but there is no evidence of runaway demand as a result of the adjustment of commercial and non-residential restrictions in October 2020.

6. Based on advice from Watercare, positive dam storage levels, rainfall, new water supply infrastructure and the revised weather forecasts, staff now consider it is appropriate to consider adjusting residential water restrictions in the lead up to summer.

7. Staff have been closely monitoring our dam storage levels and our dams are fuller. On 21 September 2020 the dam storage levels were at 67.5 per cent. On 18 November 2020, dam storage levels are at 72.47 per cent. This is now above the trigger level of the drought management plan that would initiate voluntary savings in a normal year. However, it is still 18.8 per cent lower than the historical average at this time of year.

8. Rainfall within the catchments over the period June to August 2020 was near normal. However, rainfall in September was 43 per cent of normal and in October was 41 per cent of normal. Forecast rainfall for the period November 2020 to January 2021 is near normal. A La Niña weather cycle has been confirmed so the chance for sub-tropical or tropical disturbances will increase during December 2020 to January 2021, consistent with recent La Niña events. This will likely result in more heavy bursts of rainfall and an improvement in water storage.

9. Recent heavy rain has demonstrated how quickly the storage dams can now refill. For example, the Hūnua catchments received between 140mm and 160mm of rain over a three-day period from 5 to 8 November 2020. This rainfall increased total dam storage five percentage points in five days bringing total storage to over 70 per cent for the first time since January 2020.

10. In parallel Watercare and the council have worked to increase the supply of potable and non-potable water through infrastructure supply investment, water takes and use of the Waikato River resource. The use of additional water from the Waikato River comes with some specific conditions including that Auckland has water restrictions that are at least as stringent as those regularly applied in Hamilton City over summer.

11. As part of the investment in supply infrastructure additional water sources are due to come into service over the 2020/2021 financial year. The Waikato River expansion and Pukekohe Hickeys Bore came online in August and October 2020 respectively. While there remains some risk due to border controls and shipping constraints, the Papakura Hays Creek Dam is expected to be operational in early 2021 with the new Onehunga Bore on track to be operational in December 2020. Lastly the new Waikato River take is expected in June 2021. In total these infrastructure investments will yield 96 megalitres per day (MLD).

12. The council must balance the risk of adjusting the water restrictions for residential users with the economic and social impacts they will have. Summer water use in the residential sector is dominated by outdoor use, in particular for garden and household maintenance. Easing water restrictions for our communities may have positive social and economic wellbeing outcomes for Auckland residents. In addition, Aucklanders have responded to and exceeded the targets for water savings over the restriction period.

13. This said, there is some risk that if the expected La Niña rainfall does not eventuate and the dams are not replenished further severe water restrictions may be necessary.

14. Given the uncertainty in regard to rainfall and the current water supply scenario the Governing Body has the option to maintain or modify summer water restrictions as follows:

i. Option A, continue with the status quo (Stage 1) water restrictions with summer restriction adjusted for the commercial and non-residential sector only

ii. Option B, approve the move to summer water restrictions for residential users from 14 December 2020.

15. Option A would mean residential households cannot use a hose on their property whereas Option B would introduce summer water restrictions meaning residential households can use a hose on their properties, provided it is attended and fitted with a trigger nozzle.

16. Staff recommend that the Governing Body approve Option B (next phase of amendments to Stage 1 water restrictions). This option recognises the pressure that the current water restrictions place on the economic and social wellbeing of Aucklanders, the impact of augmented water supply and recent rainfall. Under this option uncontrolled outdoor water use by residential customers is still not permitted, such as operating garden sprinklers.

17. The key factors informing this recommendation are:

· The long-range forecast for summer and the likelihood for normal and higher than normal rainfall compared to the normal to below normal forecast last year. Furthermore, the La Niña weather cycle will increase the likelihood of sub-tropical or tropical disturbances affecting the region this summer bringing heavier and more frequent rain than normal.

· The effect of additional water sources to buffer uncertain rainfall – when it rains now the dams can bounce back faster as evidenced in the positive storage impacts from the November 2020 storms.

· The way in which our communities have responded so positively to ongoing water demand management requests. For example, the community continues to achieve water savings below the 5 per cent target and the adjustments to the commercial restrictions have not caused runaway demand.

· The recommendation would not affect the council’s ability to take additional water from the Waikato River under the agreement with Hamilton City Council. Under this agreement Auckland needs to maintain restrictions at a level greater than Hamilton if Auckland is to use the water allocation. Hamilton currently has no water restrictions, whereas Auckland has restrictions equivalent to Hamilton’s level 4.

18. As water restrictions may need to be adjusted over the summer recess it would be beneficial to be able to adjust the restrictions more quickly than the committee meeting schedule allows to minimise any negative impacts, particularly over the Christmas shutdown period.

19. In line with the principles of the current summer recess decision making arrangements it is recommended that the Governing Body delegate authority to alter restrictions (up or down) to a smaller group consisting of the Mayor, Deputy Mayor and Watercare Liaison Councillor over the summer recess period. This will allow restrictions to be adjusted quickly in response to substantially more or less rainfall than forecast, runaway demand or if parity with Hamilton restrictions is required. The small group will receive regular updates from Watercare over this period that monitor the water storage, rainfall forecast, water demand and the water restrictions in Hamilton to advise if a change may be necessary.

20. If approved, the recommended changes would be supported by an ongoing communications and engagement campaign. Importantly the implementation of summer restrictions for residential consumers should not be perceived as lifting restrictions, as water savings are still necessary and outdoor water use will need to be controlled by residents.

21. The ban on the use of fire hydrants for outdoor construction use will continue. The frequent use of fire hydrants creates additional risks of network damage, contamination, and water wastage. The construction sector will have the option to apply for a metered construction connection. These connections are designed to mitigate the risk of backflow contamination and water hammer on the network.

Ngā tūtohunga

Recommendations

That the Governing Body:

a) note that on 7 May 2020, the Emergency Committee agreed that water restrictions and associated delegations to Watercare Services Limited (Watercare) approved on that date would remain in place until Auckland Council was satisfied, based on advice from Watercare, that there is no longer a risk to the adequate supply of drinking water to Auckland metropolitan customers

b) note that the ability for Watercare to maintain an adequate supply of drinking water to the Auckland metropolitan system remains at risk due to the 2019/2020 drought but that advice from Watercare is that savings required over the summer of 2020/2021 may be met through an adjustment to the Stage 1 restrictions for residential water users

c) note that Stage 1 water restrictions that seek at least 5 per cent savings on base demand are forecast to be required over the summer of 2020/2021 and amendments to the restrictions are not a relaxation or removal of the need to save water this summer

d) approve the following adjustment to mandatory Stage 1 water use restrictions on the use of water supplied to customers connected to Watercare’s metropolitan system under clause 12(1) of the Water Supply and Wastewater Network Bylaw 2015, to come into force on 14 December 2020:

i) residential water users:

A) No use of an outdoor hose unless it is handheld with a trigger nozzle attached

e) delegate the authority to make decisions under clause 12 of the Water Supply and Wastewater Network Bylaw 2015 to the Mayor, Deputy Mayor and Watercare Liaison Councillor over the summer recess period from 17 December 2020 to 4 February 2021

f) note that Stage 2 water use restrictions and the approval of Stage 2 restrictions coming into force on trigger levels being reached remain unchanged

g) note that previous delegations to Watercare for the notification and enforcement of water use restrictions under clause 12(4) and 12 (3) of the Water Supply and Wastewater Network Bylaw 2015, remain unchanged

h) request Watercare to continue to provide regular information and updates to Auckland Council on the implementation of water use restrictions and current and forecast data and analytics on its ability to maintain an adequate supply of drinking water

i) note that a report back on the current water supply will be provided to an appropriate committee of council in early 2021.

Horopaki

Context

22. Watercare builds and operates the water supply system to a 1:200 year drought security standard. That standard was set by the legacy councils following the drought of 1993/1994, increasing it from the previous 1:50 year standard.

23. The low rainfall between 1 November 2019 and 30 April 2020 – the driest six months on record – resulted in dam storage levels reaching the trigger points of Watercare’s drought management plan, initiating a request for voluntary savings measures from the public in February 2020. An Emergency Committee decision approved Stage 1 water restrictions to lower demand with effect from 16 May 2020 (EME/2020/52).

24. Outdoor water use restrictions are an important part of the Auckland Metropolitan Drought Management Plan. The purpose of Stage 1 restrictions is to reduce demand by 5 per cent whereas under Stage 2 water restrictions the targeted levels of savings increase from 5 to 10 per cent. The current outdoor water use restrictions under the two stages are provided in Table 1.

Table 1. Current Stage 1 and 2 outdoor water use restrictions

User

Stage 1

Stage 2

Residential

Residential water users:

- - No use of an outdoor hose or water blaster.

Residential water users:

- - No use of an outdoor hose or water blaster.

Commercial / Non-residential

Commercial water users:

- No use of an outdoor hose unless it is handheld with a trigger nozzle attached or for a health, safety, emergency or biosecurity reason.

- No watering of sports fields, plants or paddocks unless an irrigation system is fitted with soil moisture or rain sensors.

Commercial water users:

- No use of an outdoor hose or water blaster unless it is for a health, safety, emergency or biosecurity reason.

- No operation a car wash unless it uses recycled water.

- No watering of sports fields.

- No watering of plants or paddocks unless you have an irrigation system fitted with soil moisture or rain sensors.

25. Water use restrictions have the potential for social and economic impacts on the wellbeing of Aucklanders which have also been exacerbated by the effects of COVID-19. As we move into summer the current water restrictions will impact activities such as gardening and property cleaning. This has flow-on economic impacts on the retail sector including hardware and garden centres and associated suppliers.

26. To assess the risk to the adequate supply of drinking water, the council needs to evaluate the demand management impact of the restrictions alongside the water supply forecast for the summer and the progress of the other measures being delivered to mitigate the supply risk.

Rainfall and weather forecast

27. Rainfall within the catchments over the period June to August 2020 was near normal. However, rainfall in September was 43 per cent of normal and in October was 41 per cent of normal. Forecast rainfall for the period November 2020 to January 2021 is near normal. The following table from NIWA summarises the guidance for the period. A new seasonal forecast is expected in mid-November 2020.

Table 2. Weather forecast from NIWA

	November 2020	November 2020 – January 2021
Rainfall	Rainfall is about equally likely to be near normal or below normal for all New Zealand regions (including Auckland).	Rainfall is most likely to be near normal in the north of the North Island (including Auckland) and about equally likely to be near normal or below normal for all remaining regions. November could exhibit continued dryness for large parts of the country whereas the chance for sub-tropical or tropical disturbances will increase during December-January, consistent with recent La Niña events.
Temperature	Temperatures are very likely to be above average in all regions of New Zealand (including Auckland). There is an elevated threat for periods of extreme heat (for the time of year), particularly on days with a strong northwest wind and/or persistent periods of anticyclonic conditions.	Temperatures are very likely to be above average for all regions of New Zealand. Elevated humidity levels are likely, particularly in the North Island. Warmer than average Tasman and coastal sea temperatures are also likely with the potential marine heatwave conditions to develop.
Soil Moisture Content	As of 1 November, soil moisture levels were near normal for most of New Zealand. However, soil moisture levels were drier than normal soils in Northland, Eastern Wairarapa, Northern Waikato, Eastern Canterbury. Significantly drier than normal soils were also observed in Auckland, Coromandel, and East Cape.	Soil moisture levels and river flows are most likely to be below normal in the north of the North Island (including Auckland) and the east of the South Island. Soil moisture levels and river flows are about equally likely to be near normal or below normal in the west and east of the North Island and north of the South Island and about equally likely to be near normal or above normal in the west of the South Island
Comment	For November 2020, higher than normal air pressure is expected to be common in the New Zealand region. The greatest chance for unsettled weather is signalled for the first 7-10 days of the month, and possibly very late in the month. Between these two periods, high pressure is forecast to have the upper-hand over much of New Zealand. This is expected to result in a blend of northeasterly quarter and anticyclonic flows. Additional advice for Watercare: In the short-to-medium term, there is growing support for enhanced rainfall during the first 7-10 days of the month as a warm, moist airflow from the sub-tropics and tropics coincides with multiple waves of low pressure. This pattern is conducive for showers and thunderstorms, and given the expected airflow, downpours. However, as we move beyond day 10 of the month, the weather pattern is signalled to become decidedly dry (and warm) as a strong ridge of high pressure develops over New Zealand. Late in November, there are some indications the prospect for rain may increase.

28. Previously Watercare had set a target to achieve at least 75 per cent dam storage level by 1 November 2020 when the levels normally begin to drop based on the historical average. The current level of 72.47 per cent is very close to this target. Dam levels are also continuing to increase due to heavy rain in early November. This improved response to rainfall has been achieved through a combination of initiatives, including:

i) voluntary indoor water savings

ii) restricted outdoor water uses from hoses and water blasters

iii) additional water source augmentations

iv) proactive leak and water pressure management.

29. The following graphs show the actual consumption levels and the corresponding dam storage. It is apparent from the consumption information that:

i) demand has not increased above target levels following the adjustments of restrictions on 12 October 2020

ii) dam storage has responded very quickly from recent rainfall

iii) storage levels are above the drought management plan trigger for voluntary savings.

Figure 1. Auckland Water Consumption and Storage Response

30. Watercare uses a computer model, Integrated Source Management Model (ISMM) for water supply operational and planning purposes. The model has been used to forecast the probabilities of dam storage levels over the coming summer and the potential risk of moving to more limiting water use restrictions. The following variables have been included in the water supply forecast:

i) increasing summer demand

ii) the range of drought interventions underway including additional water supply projects

iii) the impact of staged water restriction levels consistent with the Metropolitan Drought Management Plan

iv) historical and modelled rainfall and consumption data

v) assuming a summer maximum rolling seven-day demand target of 510 megalitres per day (MLD).

31. Forecast dam storage over the coming months is provided on the following graph (Figure 2) It should be noted that:

i) future demand is based on drought management plan requirements. That is unrestricted demand until dam levels drop below the Stage 1 band, then Stage 1 target demand until dam levels drop into the Stage 2 band, then Stage 2 target demand within Stage 2 band, etc. Note dam levels are currently within the unrestricted band, but as demand is only 406 MLD levels will drop at a lower rate than modeled

ii) the red line on the graph is the probable worst case and represents a 1 in 1,000 year event

iii) the blue dashed lines represent the upper and lower band of storage with actual rainfall events of past years with a similar seasonal forecast to this summer

iv) the model includes the effects of dam levels with the new sources of water being commissioned as described above. Drought management plan triggers have not been revised down and therefore it is a conservative forecast.

Figure 2: Water storage forecast

32. The current dam levels are within the 10^th and 90^th percentile estimates of Watercare’s ISMM model forecast presented on 24 September 2020, represented by grey boxes. Looking forward the modelled potential storage responses now shows that the risk of moving to Stage 2 outdoor water use restrictions over summer is considered to be very low, below the 10^th percentile estimate.

33. In August 2020 additional water from the Waikato Water Treatment Plant has been brought into service, the additional water take has resource consent and the plant’s capacity has been increased by 25 MLD to 175 MLD. To secure access to this additional water an agreement with Hamilton City Council was reached to use water from the Waikato River allocated to them but not currently used. A condition of the agreement requires that if the allocation is used, water restrictions are to be in place at least as stringent as those regularly applied in Hamilton City over summer.

34. Currently Hamilton City has no water restrictions in place.

35. If water restrictions in Auckland are adjusted as recommended, Auckland would be under an equivalent restriction to Hamilton water alert level 3 which has no use of sprinklers and hand-held hose use only. If Hamilton experienced another drought this summer and needed to implement its alert level 4 restrictions, Auckland would no longer meet the conditions for use of the additional water allocation unless it moved to stage two restrictions.

36. Whilst there remains some risk to programme due to border controls and shipping constraints, more additional water sources are due to come into service over the current financial year. These include:

i) Pukekohe Hickeys Bore (+5 MLD commissioned 25 October 2020)

ii) Papakura Hays Creek Dam (+12 MLD, 6 MLD January 2021 with balance early 2021)

iii) Onehunga (+4 MLD December 2020)

iv) New Waikato take (+50 MLD June 2021).

37. To mitigate the impacts of the water restrictions on the construction and commercial sectors, Watercare and Auckland Council have developed several non-potable water sites. These sites are being well used and will continue to operate over summer.

38. Watercare has increased efforts to reduce leakage across the region, undertaking leak detection surveys and increasing the level of watermain renewals and repairs. Over the past 12 months leakage has improved by 0.7 per cent, equivalent to approximately 1.7 MLD. Leakage management is a long term programme and to achieve the target of 11 per cent leakage will require investment over many years. The level of renewal investment and the ability to deliver on these targets beyond the current financial year will be dependent on budgets set under the Long-term Plan 2021-2031.

39. A comprehensive communication campaign also commenced on 10 February 2020. This this has continued throughout the drought response and water restrictions with direct engagement also undertaken with commercial water users. Together these actions make up the tactical drought response.

40. The measures taken to support the unreticulated communities this summer have been outlined in a memorandum to the Environment and Climate Change Committee and published on its 12November 2020 agenda. This memorandum was also shared with all local boards.

41. Fire hydrant use for outdoor construction use is proposed to remain restricted. The frequent use of fire hydrants creates additional risks of network damage. The frequent opening and closing of hydrants can create water hammer in the network and this increases the likelihood of burst mains and leakage. Furthermore, hydrants are designed to operate at high flowrates and do not have built in non-return valves, increasing the risk of contamination entering the network and water wastage on site. The construction sector will have the option to apply for a metered construction connection. These connections are designed to mitigate the risk of backflow contamination and water hammer on the network.

Tātaritanga me ngā tohutohu

Analysis and advice

42. Two options have been analysed for the Governing Body’s consideration of the current water restrictions. Option A is status quo and continues the regulations under Stage 1 and summer restriction for commercial and non-residential customers. Option B amends the water restrictions for residential customers on the same basis as commercial customers. These options are described and analysed in Table 3 below.

Table 3. Options to impose water use restrictions for Watercare’s metropolitan network

Option

Advantages

Disadvantages

Option A: Status Quo

No change to current Stage 1 water restrictions

- no outdoor hose use for residential users

The more conservative option

Delivers water savings targets

Avoids runaway summer demand

Provides additional resilience if forecast rain does not eventuate

No change to current communications objectives and tactics

Negative economic and social wellbeing impacts of restrictions for residential customers continue

Restriction fatigue may lead to non-compliance

The lack of parity between residents that can afford to employ contractors to use water on their behalf and those that cannot will deepen

Communications simple but effectiveness may decrease over time

Option B:

RECOMMENDED OPTION

Next phased change to restrictions

- enable outdoor hose use with a handheld trigger nozzle* for residential users from 14 December 2020

Reduces economic and reputational risks of easing restrictions while mitigating risk of runaway usage causing a need for Stage 2 restrictions

Water savings target expected to be delivered based on modelling and forecasts

Adjustment of restrictions will be offset by the addition water of 5 MLD water from Hickeys Bore and 6 MLD from Hays Creek

Equity maintained between residents that can afford contractors and those that cannot

Water consumption will increase more than the status quo, leaving less head room if forecast rainfall does not eventuate

Further water restrictions may be necessary if the required rainfall does not eventuate

Communications messaging and requirements may be more complicated

* Outdoor hose use with a handheld trigger nozzle controls use as users are more conscious of the amount of water consumed. Hose use without such controls tends to lead to overwatering and wastage.

Recommended option

43. It is recommended that the Governing Body approves Option B, as there is now more confidence in the weather outlook for summer, demand has stayed within the target range and it is now unlikely that storage levels will reach Stage 2 restrictions.

44. The proposed adjustment to summer restrictions for residential customers will still impose a level of water restrictions higher than those in Hamilton.

45. The experience of the adjustment to the commercial sector demonstrated that the target saving can still be achieved following the adjustments.

46. Restrictions will remain in place until Auckland’s water storage dams reach levels where Watercare and the council can be confident there is no longer any significant risk to an adequate supply of drinking water in the metropolitan system.

Decision making on water restrictions

47. Decisions about water restrictions are made under clause 12(1) of the Water Supply and Wastewater Network Bylaw 2015. Specifically the clause states that ‘where the council considers that its ability to maintain an adequate supply of drinking water is or may be at risk because of drought, emergency or for any other reason, it may restrict the use of water supplied to any premises.’ Clause 5 of the Bylaw states that ‘council means Auckland Council or any person authorised or delegated to act on its behalf. Therefore, decision making on water restrictions can be made by the Governing Body or any person authorised or delegated to act on its behalf.’

48. Over the summer break, if the water supply situation changes, for example there is runaway demand or unfavourable weather conditions, it may be necessary for council to consider the introduction of water restrictions outside of the committee meeting schedule. At the beginning of the current council term the governing body delegated decision making over the summer recess to the Mayor, Deputy Mayor and a chair of a committee of the whole. Over the period 17 December 2020 to 4 February 2021 these elected members have delegated authority to make urgent decisions if required.

49. In line with these principles it is recommended that the committee delegate the authority to make decisions under clause 12 of the Water Supply and Wastewater Network Bylaw 2015 to the Mayor, Deputy Mayor and Watercare Liaison Councillor over the summer recess period from 17 December 2020 to 4 February 2021. This will provide the ability to adjust the restrictions more quickly than meeting schedules allow to minimise any negative impacts, particularly over the Christmas shutdown period. This group will receive regular updates from Watercare over this period to advise if a change may be necessary.

Tauākī whakaaweawe āhuarangi

Climate impact statement

50. The decision to impose water use restrictions has not been subject to a climate change assessment. However, the drought is associated with the effects of the changing climate and the very low levels of rainfall since November 2019.

51. More frequent droughts (not necessarily of this severity or duration), as well as more extreme rainfall, are expected in the future. These parameters continue to be factored into long term planning, including Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan and the development of Auckland Council’s water strategy – specifically the proposed supply and demand pathway.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

52. Auckland Council and Watercare staff have worked collaboratively to prepare this advice.

53. Auckland Council’s Community Facilities department is the region’s second largest consumer of potable water, using around 7 million litres per day on average. Prior to the COVID-19 restrictions, Community Facilities water use had been increasing by around 2 per cent per year. This trend has been driven by the demand for sports fields and adding play capacity through converting soil fields to irrigated sand carpet fields. Excluding irrigation, water consumption across other facilities has been falling. Many initiatives are underway to further improve water efficiencies, including:

· switching sports field turfs from cool season to warm season grass species

· full facilities contracts include water efficiency requirements, targets and KPIs for reducing water use. Contractors are required to use the minimum amount of water, irrigate based on soil moisture and to use wetting agents to absorb more water into the ground

· over half of the council’s sports fields have automated controls that are linked to rain or soil moisture sensors. All new irrigation systems include automated controls

· a corporate property strategy initiative – the consolidation of staff in fewer, more water efficient buildings, has reduced water use by 20 per cent since 2017

· a requirement for rainwater capture and the use of non-potable water has been incorporated into new builds including, Te Manawa and the Scotts Point Sustainable Sports Park development. These sites will only use non-potable water for irrigation

· utility data can be used to expose leaks and address management of these early

· in addition, Community Facilities is working with Watercare to re-instate bore supply for irrigation at four sports parks.

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

Local impacts and local board views

54. No specific engagement with local boards was undertaken on the regional matter of adjusting the water restrictions.

55. Several local boards have raised concerns around the resilience of water supply and the current restrictions. They have been kept up to date with regular communications from Watercare.

56. Workshops have been held with local boards that have high populations of unreticulated communities to brief them about the drought contingency measures Watercare and the council are planning for the coming summer. Local boards have provided feedback on the preferred locations of welfare water facilities and opportunities to connect with private bore owners to develop contingency supplies.

57. Feedback in the workshops from the local boards raised concerns about the unreticulated communities this summer and the level of support council can provide. They emphasised the need for early communication and requested staff increase efforts to engage these communities.

58. Further information about support for unreticulated communities was provided in the memorandum referred to earlier in this paper that was sent to the Environment and Climate Change Committee and all local boards.

Tauākī whakaaweawe Māori

Māori impact statement

59. Mana Whenua have not been specifically consulted with regard to this paper and decision.

60. The Kaitiaki Forum has been kept up to date with the water supply situation. The forum received an item on the drought and unreticulated communities and the drought contingency measures Watercare and the council are planning for the coming summer. It was in support of the council’s water tank programme and requested to be kept up to date on the measures, including the Waikato River take.

61. There are no specific impacts on Māori above the general impacts of water use restrictions on all Aucklanders. If marae or dwellings on Māori land are connected to the metropolitan water supply, they are impacted by the water restrictions as non-commercial sites.

62. As a result of Auckland’s drought conditions and the need to supplement the water collected in the dams, the Mayor led discussions with Watercare, Waikato-Tainui, Waikato Regional Council and the Waikato River Authority related to immediate solutions to the drought via increased water take from the Waikato River. An output of these discussions is He Paiheretanga o Ngā Wai o Waikato (the Agreement) which was approved by the Governing Body in August 2020.

63. One of the parties to the agreement is Waikato-Tainui. There are thousands of its iwi living within Tāmaki Makaurau, a proportion of whom rely on Watercare’s water supply. While Waikato-Tainui is the proposed signatory to the Agreement, it also recognises that the Waikato River is also of spiritual and cultural significance to other iwi, including but not limited to Ngāti Maniapoto, Raukawa, Te Arawa River Iwi and Ngāti Tūwharetoa.

Ngā ritenga ā-pūtea

Financial implications

64. The costs related to this decision are primarily related to the communications and advertising programmes and will be met from within existing Watercare budgets.

65. Budget requirements around securing additional future water supply will be determined through the 2021-2031 Long-term Plan process, noting that $224 million for additional capital expenditure to respond to the drought has already been approved as part of the 2020/2021 Emergency Budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

66. The key risks associated with the options are discussed above in Table 3.

67. Five per cent water savings are still required to ensure water supply is maintained. There is a risk that making changes to the restrictions will result in runaway water usage. This could result in further restrictions and a return to higher restrictions at a later date. Staff consider that the weather forecast, dam levels and usage statistics provide confidence that demand can be managed and mitigated within the recommended option.

68. The risks and mitigations associated with the recommended option are detailed below in Table 4.

Table 4. Risks associated with recommended Option B

Risk Scenario

Consequences

Mitigations

The public response to the adjustment results in runaway water demand due to a false perception that savings are no longer necessary

The 5 per cent reduction from baseline is not achieved

Further ad hoc residential restrictions are required to curb water demand

Reputational risk – trust and confidence in the council undermined, due to the perception of the council appearing to change its mind and return to restrictions

Targeted communications and engagement with business owners and general public.

• Refer to the joint Auckland Council / Watercare Water Supply Management Plan for summer 2020/2021 (memo to Environment and Climate Change Committee 12 November 2020)

Rainfall is much lower than expected and Stage 2 restrictions become necessary

Stage 2 restriction are required to protect water supply

Reputational risk – trust and confidence in the council undermined, due to the perception of the council appearing to have relaxed restrictions too soon

Negative economic and social wellbeing impacts

Source augmentation already underway as detailed elsewhere within this paper

Ngā koringa ā-muri

Next steps

69. Following a decision on the amendment on restrictions, Watercare will implement phase one of the tactical communications plan. Auckland Council communications will be aligned to support this plan and the decisions.

70. The bylaw requires the council to give the public reasonable notice when it imposes water use restrictions. The date of 14 December 2020 gives sufficient time for reasonable notice. The delegation to Watercare of the responsibility to publish necessary notices under clause 12(3) of the bylaw remains in place.

71. A report back on the current water supply will be provided to an appropriate committee of council in early 2021.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Emergency Committee Minutes 07 May 2020	23
b ⇩	Governing Body Minutes 24 September 2020	25

Ngā kaihaina

Signatories

Authors

Andrew Chin – Head of Healthy Waters Strategy

Mark Bourne – Head of Servicing & Consents, Watercare

Authorisers

Ian Maxwell – General Manager Health Safety and Wellbeing

Barry Potter - Director Infrastructure and Environmental Services

Jim Stabback - Chief Executive

Governing Body

26 November 2020

Review of the Code of Conduct - scope of the review

File No.: CP2020/16012

Te take mō te pūrongo

Purpose of the report

1. To agree the scope of, and the process for, a review of the Auckland Council Code of Conduct (the Code) applying to elected members.

Whakarāpopototanga matua

Executive summary

2. The Code sets out the expectations and understandings that members have of each other.

3. The Code was previously reviewed in 2013. A review provides the following opportunities:

i) a refresh of the principles that describe the conduct members expect. Examples of principles are provided as Attachment A

ii) an update of the conflict of interest policy which is out of date

iii) the opportunity to replace the independent panel with a single conduct commissioner

iv) revision of the complaints process and inclusion of a definition of materiality which determines escalation of a complaint to the conduct commissioner

v) options for the outcome of an investigation by a conduct commissioner including whether the report is made public and decisions around available sanctions

vi) in addition to attaching the conflicts of interest policy, attaching other policies that are relevant to conduct.

4. All elected members must comply with the Code and so it is important that all members have the opportunity to provide input on its contents. Workshops have been held with the Governing Body and local boards on the proposed scope and process for the review of the Code. Local board feedback is provided as Attachment B.

5. Following approval of the scope, staff will develop a draft revised Code for consideration by local boards and the Governing Body in the new year.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a) note the feedback from local boards provided in Attachment B

b) agree that the scope of the review of the Auckland Council Code of Conduct will include consideration of:

i) retaining and updating principles

ii) retaining a process for complaints

iii) appointing conduct commissioners

iv) making reports of investigations by conduct commissioners public unless there are significant reasons to withhold them

v) defining materiality

vi) providing for sanctions which will be decided by conduct commissioners

vii) providing policies on:

A) conflicts of interest (including declarations on an interest register)

B) confidential information access and disclosure

C) election year

D) communications

E) media

F) social media

G) governance roles and responsibilities

H) working with staff

I) elected members expenses

c) agree that the process for finalising the review includes a:

i) draft Code being presented to a Governing Body workshop followed by local board workshops (December 2020 / February 2021)

ii) second draft incorporating feedback from workshops being presented to the Governing Body / Local Board Chairs meeting for joint discussion (March 2021)

iii) a final draft reported to local boards for formal feedback (April 2021)

iv) a final draft reported to Governing Body for adoption (May 2021).

Horopaki

Context

6. The Local Government Act 2002 in schedule 7 clause 15 requires a local authority to adopt a code of conduct for members and:

“(2) The code of conduct must set out—

(a) understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members, including—

(i) behaviour toward one another, staff, and the public; and

(ii) disclosure of information, including (but not limited to) the provision of any document, to elected members that—

(A) is received by, or is in the possession of, an elected member in his or her capacity as an elected member; and

(B) relates to the ability of the local authority to give effect to any provision of this Act; and

(b) a general explanation of—

(i) the Local Government Official Information and Meetings Act 1987; and

(ii) any other enactment or rule of law applicable to members.”

7. Each member must comply with a code of conduct, but a breach is not an offence under the Local Government Act 2002.

8. The code of conduct adopted by the Auckland Council Governing Body applies to local board members (Schedule 7, Part 1A, clause 36B, Local Government Act 2002).

9. There is no legal requirement to include a process for complaints.

10. The current Code contains the following sections:

i) ‘Principles’ which set out expected conduct in succinct terms

ii) ‘Roles and responsibilities’ which describe the roles of various elected positions and of the chief executive

iii) ‘Relationships and behaviour’ which sets out expectations of how members relate to one another, the public, staff and the media and expectations around conflicts of interest, ethics and use of confidential information. It is against the expectations in this section that complaints may be lodged

iv) ‘Compliance’ which sets out the process for lodging and dealing with complaints. The process initially aims to resolve the complaint. If it cannot be resolved, the complaint may be referred to the convenor of the independent panel to either arrange mediation or refer the complaint to the panel for investigation and recommendation. The section also sets out possible sanctions.

11. The Code was last updated in 2013, by a political working party comprising Governing Body and local board representatives which made recommendations to the Governing Body for adoption. A more recent review was commenced in 2018 but the amended Code was not adopted.

12. It is important to note that the Code belongs to members. It should contain the understandings and expectations members have of each other.

Tātaritanga me ngā tohutohu

Analysis and advice

13. The Code has served its purpose well but certain aspects of it need to be updated. In particular, the conflict of interest policy needs to be updated to align with the latest court decisions on predetermination.

14. A review provides the opportunity to make other changes.

Scope

15. The Code applies to all elected members – Governing Body members and local board members. It is important therefore that there is agreement among all members about the scope of the review from the outset prior to considering a draft reviewed code.

Include principles

16. The legislation requires a code to contain understandings and expectations about conduct which includes:

· behaviour toward one another, staff and the public

· disclosure of information.

17. Most codes, including the council’s current Code, set out principles which apply to conduct. Staff propose that the Code should continue to state principles. The current principles may be reviewed. Examples of principles used in other codes are attached in Attachment A.

Include a conflicts of interest policy

18. The current conflicts of interest policy should be updated to align with current New Zealand case law, particularly in terms of pre-determination. The current policy bundles pre-determination with bias due to conflicts of interest where the test includes appearance of bias. A new policy would separate out pre-determination and require evidence about having a closed mind.

19. The requirements in the policy for declaring interests would also be reviewed.

Provide for complaints

20. The legal requirement is for a code to set out understandings and expectations. There is no legal requirement for a code to include a process for complaints. The current Code provides for complaints from other members, the chief executive and the public. For the purposes of the review, the Governing Body is asked to confirm that a process for complaints should be retained.

Appoint independent conduct commissioners

21. The complaint process in the current Code initially seeks to resolve the complaint. If a complaint cannot be resolved it is referred to the convenor of the conduct review independent panel for either arranging mediation or investigation by a panel of three members. Members of the independent panel are of the calibre of retired high-court judges, or similar.

22. Staff propose that the basic two-step process is retained but that the panel of three is replaced by a single ‘conduct commissioner’ drawn from a list of appointed commissioners. There is a cost reduction in proposing escalation to a single person rather than a panel of three and less difficulty convening a panel for a timely conclusion.

Define materiality

23. The current Code does not attempt to define the seriousness of a complaint. A definition of materiality (or seriousness) would assist with assessing whether a complaint should be escalated to a conduct commissioner.

24. In the lead up to this report, a few elected members have asked that we consider having a definition of bullying or harassment included in the code, similar to that for staff. This should be given consideration alongside the definition of materiality.

Conduct commissioner decides sanctions

25. Currently, if a complaint is escalated to the conduct review independent panel, the panel prepares a report on its investigations with recommendations to the Governing Body or local board (depending on whether the member who is the subject of the complaint is a Governing Body member or local board member). The body receiving the report decides on any sanctions.

26. When reviewing the Code in 2018, the Joint Governance Working Party felt strongly that sanctions should not be decided by elected members due to the risk of introducing ‘politics’ into such decisions. Staff propose therefore, that sanctions be decided by the proposed new conduct commissioner.

Report of conduct commissioner is made public

27. Under the current process when a report from the panel on an investigation is presented to the Governing Body or a local board, it is that body’s decision whether the report should be made public.

28. A report can be requested by the public under the Local Government Official Information and Meetings Act 1987. This Act requires decisions on such requests to be made by the chief executive. In deciding whether to release a report, any reasons for withholding it needs to be balanced against the public interest in releasing it. A statement in the Code that such reports will be proactively released (unless there are substantial reasons for withholding them) creates certainty.

29. Making the formal professional report public may also benefit a member who is the subject of a complaint to avoid public speculation and innuendo where the public knows there is a complaint but does not know the detail or outcome.

Associated policies

30. Staff propose that the scope of the review should include the following associated policies which will be attached to the Code:

i) Conflict of interest policy

ii) Confidential information access and disclosure protocols (including a protocol for addressing unauthorised disclosure i.e. leaks of confidential information)

iii) Election-year policy (this already exists and contains rules that apply to incumbent members who are also election candidates)

iv) Communications policy (which confirms the ability of the council to use resources to communicate with its communities but has rules that prevent using communication channels for electioneering purposes)

v) Media and social media protocols. Media protocols already exist and identify council spokespersons and provide for members to communicate personal views to the media. Social media protocols do not already exist, and social media is used heavily by most members for communications in their official capacity. Staff propose to investigate this further and prepare draft protocols for your consideration.

vi) Governance roles and responsibilities. These already exist and are statements of the roles of mayor, councillors, committee chairs, local board chairs and local board members.

vii) Working with staff. These protocols already exist and supplement the protocols around governance roles.

viii) Elected members expense policy. This policy is adopted separately but relates to sensitive expenditure and ethical considerations around the use of public resources which might appear to benefit members personally.

Additional investigation

31. The following matters have been considered in some past complaints and staff propose to investigate them further for inclusion in the Code:

i) The meaning of ‘acting in the capacity of member’. The legislation states that a code applies when members are acting in their capacity as members. Should a complaint be able to be lodged against a member for something the member does or says when ‘off-duty’?

ii) The application of the Code at a meeting. Whether a complaint under the Code can be lodged against a member for something the member says during a formal meeting under standing orders. Conduct at meetings should be dealt with under standing orders.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32. The content contained in the Code and its attachments do not have climate impacts, however the Elected Members Expense Policy promotes public transport as a preferred option for members which could contribute to the reduction of greenhouse gas emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33. There are aspects of the Code that have impacts on the wider council group. For example, the election year policy is relevant to council-controlled organisations.

34. Another example is a proposed protocol for access to confidential information held by the council group by elected members. This proposed protocol also relates to the independent CCO review 2020 recommendation 32 “the council draws up a protocol governing information requests between the governing body and CCOs”.

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

Local impacts and local board views

35. In October and November 2020, staff discussed the proposed scope of the Code with local boards at their workshops. A presentation was also given to the Local Board Chairs’ Forum. These workshop discussions were designed to be an informal consultation exercise to identify if there was opposition to exploring the proposed elements during the drafting of the revised Code. The views and preferences of local boards on these different elements will be resolved on formally once a draft revised Code has been presented to them.

36. The views of local boards on the scope and process for the review of the Code are provided in Attachment B. This feedback is largely supportive and does not indicate a need to make any changes to the scope or process of the review.

Tauākī whakaaweawe Māori

Māori impact statement

37. The Independent Māori Statutory Board (IMSB) has a purpose of promoting issues of significance to Māori. One of its functions is to appoint members to Governing Body committees. However, the Auckland Council Code of Conduct does not apply to IMSB members. A code of conduct applies to members of a local authority. The Local Government (Auckland Council) Act 2009 (LGACA) expressly states that the IMSB is independent of Auckland Council.

38. The LGACA provides separate rules in relation to the interests of members of the IMSB. Generally, a member of the IMSB must act in the interest of the board’s purpose and no other interest.

39. Nevertheless, an IMSB member acting as a member of a Governing Body committee is subject to the Local Authorities (Members Interests) Act 1965 in terms of the pecuniary interest rules in that Act that apply to committee members.

Ngā ritenga ā-pūtea

Financial implications

40. One of the changes proposed in the review is the reduction of the independent panel of three members to a single conduct commissioner. This provides a cost reduction when processing complaints under the Code.

41. The costs associated with this review are covered within existing resourcing in the Governance Division of council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

42. It is important to finalise whether the Code continues to use a panel of three members or a single conduct commissioner. The list of persons available to be called on as panel members has decreased to five members due to withdrawals and retirements and needs to be refreshed. Once it is clear whether panel members or conduct commissioners will be required then the Governing Body will be able to make appointments and the immediate risk will be mitigated.

43. There are aspects of the Code which are relevant to risks to Auckland Council. The conflict of interest policy, if complied with, reduces the likelihood of council decisions being challenged on the basis of conflict of interest.

Ngā koringa ā-muri

Next steps

44. It is important that the process for adopting a new Code provides for all local boards and the Governing Body to consider drafts prior to final adoption. There has been a forty percent turnover of local board members following the 2019 elections. Many current local board members are not familiar with the review which was commenced in 2018. The process uses material developed in the 2018 review but commences the review afresh.

45. Following formal agreement on scope at this meeting the process will be as follows:

Draft presented to Governing Body workshop followed by local board workshops	December - February 2021
A second draft incorporating feedback from workshops is presented to Governing Body / Local Board Chairs meeting for joint discussion	March 2021
Final draft reported to local boards for formal feedback	April 2021
Final draft reported to Governing Body for adoption	May 2021

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Examples of principles	39
b ⇩	Local Board Feedback	49

Ngā kaihaina

Signatories

Authors

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Phil Wilson - Governance Director

Jim Stabback - Chief Executive

No.	Title	Page
a ⇩	Original report to the Planning Committee and the Waiheke Local Board decision	53

No.	Title	Page
a ⇩	Forward Work Programme	61

Governing Body

26 November 2020

Tira Kāwana / Governing Body
Forward Work Programme 2020

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee. The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

Area of work and Lead Department	Reason for work	Committee role (decision and/or direction)	Expected timeframes Highlight the month(s) this is expected to come to committee in 2020
Area of work and Lead Department	Reason for work	Committee role (decision and/or direction)	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec
Americas Cup 2021	Locations, infrastructure and funding	Decisions to approve locations, infrastructure and funding	As and when required
Chief Executive’s Performance Objectives	The Appointments and Performance Review Committee has the delegation to recommend performance objectives. The Governing Body must then consider the recommendations and make a decision.	Decision to approve performance objectives
City Rail Link	Construction of the City Rail Link in the central city	Decisions to approve matter associated with City Rail Link Decisions to note any matters raised by the Audit and Risk Committee about the project Progress to date: Appointments to board of City Rail Link 25 June 2020 Link to decision open process report Link to restatement Report on shareholder approval of major transaction 27 August 2020 Link to decision	As and when required
Review of council- controlled organisations	Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations	Decision on appointment of a council-controlled organisations review panel Consider draft report on the key issues, feedback from the community and stakeholders Decision on final report and recommendations Progress to date: 11 August 2020 – Confidential Workshop 19 August 2020 – Confidential Workshop Decision on the CCO Review 27 August 2020 Link to decision Report and proposal to merge Auckland Tourism, Events and Economic Development (ATEED) and Regional Facilities Auckland (RFA) 27 August 2020 Link to decision
10-year Budget (Long-term Plan)	Statutory requirement	Decision to approve consultation documents, supporting information and process prior to consultation Decision to adopt the 10-year Budget (Long-term Plan) Progress to date: Various workshops being held September 2020 – December 2020												Consultation Documents
Annual Report	Statutory requirement	Decision to adopt the Annual Report Progress to date: Adoption Report 29 October 2020 Link to open process report decision Link to decision										Adoption
Committee Forward Work Programmes	Responsibility for oversight of work programmes of all committee of the Governing Body.	Decisions to note that all committee have adopted a forward work programme
Review of Code of Conduct	The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions	Decision to adopt new Elected Members Code of Conduct
Terms of Reference	The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels. Any changes to the Terms of Reference must be done by the Governing Body.	Decision to adopt the Terms of Reference Decision to adopt changes to Terms of Reference Progress to date: Terms of Reference approved November 2019 Link to decision Terms of Reference amended to include working parties November 2019 Link to decision Terms of Reference amended to include the Emergency Committee March 2020 Link to decision	As and when required
Standing Orders	Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27 Originally adopted 16/12/2010	Decision to amend standing orders Progress to date: Change in light of COVID-19 March 2020 Link to decision Change for Attendance by Electronic Link 25 June 2020 Link to decision	As and when required
Tūpuna Maunga o Tāmaki Makaurau Operations Plan	Section 60 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority) and Auckland Council to annually agree an operational plan as part of the annual or long-term plan process. This requires the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan). The Governing Body is also required to adopt the final plan.	Decision to adopt Operations Plan and summary Progress to date: Adopt draft plan and summary for consultation February 2020 Link to decision Adoption of Plan and Summary 30 July 2020 Link to decision		Consultation documents
Health, Safety and Wellbeing	The Governing Body has the role of the person or organisation conducting a business or undertaking.	Decision to receive quarterly Health, Safety and Wellbeing report Progress to date: Item deferred 26 March 2020 Report for August 2020 to Audit and Risk Committee 24 September 2020 Link to decision
Alcohol Control Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended. Progress to Date: Approve statement of proposal 24 September 2020 Link to decision									Proposal
Animal Management Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.											Options	Options
Cemeteries and Crematoria Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended. Progress to Date: Approve statement of proposal 24 September 2020 Link to decision									Proposal
Freedom Camping	Explore the need for and options for regulating freedom camping in Auckland Regulatory response may be required following completion of research and pilot	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Navigation Safety Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended. Progress to Date: Approve statement of proposal 29 October 2020 Link to decision										Proposal
Outdoor Fire Safety Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended. Progress to Date: Approve options and findings 29 October 2020 Link to decision										Options
Property Maintenance Nuisance Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.									Proposal
Signage Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.												Proposal
Stormwater Bylaw	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.											Options
Trading and Events Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.									Proposal
Traffic Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.											Options	Options
Water Supply and Wastewater Network Bylaw 2015	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.											Options	Options
Mayoral Housing Taskforce Steering Group	Oversee the progress and implementation of the June 2017 Mayoral Housing Taskforce report.	Decision to setup, agree and approve membership of group Decision to receive six-monthly updates
Auckland Council Top Risk Register	The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.	Decision to note the top risk register and risk heat map Decision to receive quarterly reports Progress to date: Enterprise Risk COVID-19 Update 25 June 2020 Link to decision Enterprise Risk Update - August 2020 and Auckland Council Top Risk Quarterly Update - September 2020 24 September 2020 Link to decision			Deferred to April	Deferred
Te Tiriti o Waitangi / Treaty of Waitangi	The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views. The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.	Decision to approve submissions to the Crown as and when required Decision to approve establishment and on-going implementation of co-management and other governance arrangements Progress to date: Formation of Kaipara Moana Remediation Joint Committee 30 July 2020 Link to decision	As and when required
Governance Framework Review	The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards	Decisions on Joint Governance Working Party recommendations Decisions on Service Levels and Funding Decisions on Governance Framework Review implementation as required		Deferred to April		Deferred
Water Strategy	Watercare is accountable for the metropolitan water supply system - the continuity, supply and quality of drinking water as well as customer service and communication. They are also responsible for the management and treatment of wastewater.	Monitoring drought situation. Progress to Date: Update from Watercare 25 June 2020 Link to decision Update on water matters from Auckland Council 25 June 2020 Link to decision Drought Restrictions Summer 2020/2021 24 September 2020 Link to decision
National Three Waters Programme	The Minister of Local Government recently established a joint central-local government steering committee to provide oversight and guidance to support the reform, and to assist in engaging with local government, iwi/Māori, and other water sector stakeholders on options and proposals.	Decision to opt in to the first sage of the national three waters reform programmes Progress to Date: Report and decision on opt in 27 August 2020 Link to decision
Independent Review of Health and Safety at Port of Auckland	On 14 September 2020 the mayor announced that Auckland Council, as Ports of Auckland’s sole shareholder, would initiate an independent review of health and safety at Ports of Auckland The proposed focus of the council’s independent review is to assess and comment on Ports of Auckland’s management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland.	Decision to agree Terms of Reference. Consider independent review. Progress to Date: Report to agree Terms of Reference for the review 24 September 2020 Link to decision

Completed

Lead Department	Area of work	Committee role (decision and/or direction)	Decision
Environmental Services	Ark in the Park	Decision to appoint GB representatives to Ark in the Park.	Appointment of councillor representatives February 2020 Link to decision
Democracy Services	Local government elections Evaluation of 2019 election and preparation for 2022 election	Consider evaluation report of 2019 election Decision on submission to Justice Select Committee Inquiry into 2019 election Decision on voting system for the 2022 election and whether to establish Māori wards	Decision on evaluation and Māori wards February 2020 Link to decision Decision on submission in Inquiry into 2019 election February 2020 Link to decision
Community and Social Policy	Food Safety Information Bylaw Review Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.	Adoption of Food Safety Information Bylaw Review 30 April 2020 Link to decision
Finance	Emergency Budget/ Annual Budget (Annual Plan) Statutory requirement	Decision to approve consultation documents, supporting information and process prior to consultation Decision to adopt Emergency Budget	Decision on Emergency Budget and consultation given COVID-19 – 16 April 2020 in confidential and released on 7 May 2020 Link to decision Decisions on Emergency Budget and consultation 14 May 2020 Confidential Link to decision 21 May 2020 released 25 June 2020 Link to decision 28 May 2020 released 25 June 2020 Decisions on Emergency Budget feedback Link to decision 16 July 2020 Final adoption of Emergency Budget Link to decision 30 July 2020
Democracy Services	Elected members expense policy	Responsibility to adopt expense policy rules for Remuneration Authority approval	Adoption of policy 30 July 2020 Link to decision
People and Performance	Appointment of Chief Executive	Statutory requirement	Decision to appoint a new chief executive June 2020 in confidential Chief Executive appointed July 2020 Link to announcement

Tira Kāwana / Governing Body
Forward Work Programme 2021

Area of work and Lead Department	Reason for work	Committee role (decision and/or direction)	Expected timeframes Highlight the month(s) this is expected to come to committee in 2021
Area of work and Lead Department	Reason for work	Committee role (decision and/or direction)	Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec
Americas Cup 2021	Locations, infrastructure and funding	Decisions to approve locations, infrastructure and funding	As and when required
Chief Executive’s Performance Objectives	The Appointments and Performance Review Committee has the delegation to recommend performance objectives. The Governing Body must then consider the recommendations and make a decision.	Decision to approve performance objectives
City Rail Link	Construction of the City Rail Link in the central city	Decisions to approve matter associated with City Rail Link Decisions to note any matters raised by the Audit and Risk Committee about the project Progress to date: Appointments to board of City Rail Link 25 June 2020 Link to decision open process report Link to restatement Report on shareholder approval of major transaction 27 August 2020 Link to decision	As and when required
Review of council- controlled organisations	Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations	Decision on appointment of a council-controlled organisations review panel Consider draft report on the key issues, feedback from the community and stakeholders Decision on final report and recommendations Progress to date: 11 August 2020 – Confidential Workshop 19 August 2020 – Confidential Workshop Decision on the CCO Review 27 August 2020 Link to decision Report and proposal to merge Auckland Tourism, Events and Economic Development (ATEED) and Regional Facilities Auckland (RFA) 27 August 2020 Link to decision
10-year Budget (Long-term Plan)	Statutory requirement	Decision to approve consultation documents, supporting information and process prior to consultation Decision to adopt the 10-year Budget (Long-term Plan) Progress to date: Various workshops being held January 2021 – June 2021		Consultation documents				Adoption
Annual Report	Statutory requirement	Decision to adopt the Annual Report
Committee Forward Work Programmes	Responsibility for oversight of work programmes of all committee of the Governing Body.	Decisions to note that all committee have adopted a forward work programme
Review of Code of Conduct	The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions	Decision to adopt new Elected Members Code of Conduct					Adoption
Terms of Reference	The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels. Any changes to the Terms of Reference must be done by the Governing Body.	Decision to adopt the Terms of Reference Decision to adopt changes to Terms of Reference Progress to date: Terms of Reference approved November 2019 Link to decision Terms of Reference amended to include working parties November 2019 Link to decision Terms of Reference amended to include the Emergency Committee March 2020 Link to decision	As and when required
Standing Orders	Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27 Originally adopted 16/12/2010	Decision to amend standing orders Progress to date: Change in light of COVID-19 March 2020 Link to decision Change for Attendance by Electronic Link 25 June 2020 Link to decision	As and when required
Tūpuna Maunga o Tāmaki Makaurau Operations Plan	Section 60 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority) and Auckland Council to annually agree an operational plan as part of the annual or long-term plan process. This requires the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan). The Governing Body is also required to adopt the final plan.	Decision to adopt Operations Plan and summary		Consultation					Adoption
Health, Safety and Wellbeing	The Governing Body has the role of the person or organisation conducting a business or undertaking.	Decision to receive quarterly Health, Safety and Wellbeing report
Alcohol Control Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Animal Management Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Cemeteries and Crematoria Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Freedom Camping	Explore the need for and options for regulating freedom camping in Auckland Regulatory response may be required following completion of research and pilot	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Navigation Safety Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended. Progress to Date: Approve statement of proposal 29 October 2020 Link to decision
Property Maintenance Nuisance Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Signage Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Stormwater Bylaw	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Trading and Events Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Traffic Bylaw Review	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Water Supply and Wastewater Network Bylaw 2015	Legislative requirement to review the bylaw and policy after five years.	Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw ^#public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Mayoral Housing Taskforce Steering Group	Oversee the progress and implementation of the June 2017 Mayoral Housing Taskforce report.	Decision to setup, agree and approve membership of group Decision to receive six-monthly updates
Auckland Council Top Risk Register	The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.	Decision to note the top risk register and risk heat map Decision to receive quarterly reports
Te Tiriti o Waitangi / Treaty of Waitangi	The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views. The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.	Decision to approve submissions to the Crown as and when required Decision to approve establishment and on-going implementation of co-management and other governance arrangements	As and when required
Governance Framework Review	The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards	Decisions on Joint Governance Working Party recommendations Decisions on Service Levels and Funding Decisions on Governance Framework Review implementation as required
Water Strategy	Watercare is accountable for the metropolitan water supply system - the continuity, supply and quality of drinking water as well as customer service and communication. They are also responsible for the management and treatment of wastewater.	Monitoring drought situation. Progress to Date: Update from Watercare 25 June 2020 Link to decision Update on water matters from Auckland Council 25 June 2020 Link to decision Drought Restrictions Summer 2020/2021 24 September 2020 Link to decision
National Three Waters Programme	The Minister of Local Government recently established a joint central-local government steering committee to provide oversight and guidance to support the reform, and to assist in engaging with local government, iwi/Māori, and other water sector stakeholders on options and proposals.	Decision to opt in to the first stage of the national three waters reform programmes Progress to Date: Report and decision on opt in 27 August 2020 Link to decision
Independent Review of Health and Safety at Port of Auckland	On 14 September 2020 the mayor announced that Auckland Council, as Ports of Auckland’s sole shareholder, would initiate an independent review of health and safety at Ports of Auckland The proposed focus of the council’s independent review is to assess and comment on Ports of Auckland’s management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland.	Decision to agree Terms of Reference. Consider independent review. Progress to Date: Report to agree Terms of Reference for the review 24 September 2020 Link to decision
Maori Outcomes Performance Measurement Framework		Decision to agree to finalise the framework.

Mayor	Hon Phil Goff, CNZM, JP
Deputy Mayor	Deputy Mayor Cr Bill Cashmore
Councillors	Cr Josephine Bartley	Cr Daniel Newman, JP
	Cr Dr Cathy Casey	Cr Greg Sayers
	Cr Fa’anana Efeso Collins	Cr Desley Simpson, JP
	Cr Pippa Coom	Cr Sharon Stewart, QSM
	Cr Linda Cooper, JP	Cr Wayne Walker
	Cr Angela Dalton	Cr John Watson
	Cr Chris Darby	Cr Paul Young
	Cr Alf Filipaina
	Cr Christine Fletcher, QSO
	Cr Shane Henderson
	Cr Richard Hills
	Cr Tracy Mulholland

Date	Workshop/Briefing
27/11/20	CONFIDENTIAL: Auckland International Airport Limited

Author	Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors
Authoriser	Jim Stabback - Chief Executive