I hereby give notice that an extraordinary meeting of the Ōtara-Papatoetoe Local Board will be held on:




Meeting Room:



Tuesday, 1 December 2020


Woodside Room, Level 1,
Manukau Civic Building,
31-33 Manukau Station Road,
Manukau and via skype for business.

Either a recording or written summary will be uploaded on the Auckland Council website


Ōtara-Papatoetoe Local Board










Lotu Fuli


Deputy Chairperson

Dr Ashraf Choudhary, QSO, JP



Apulu Reece Autagavaia



Dr Ofa Dewes



Swanie Nelson



Ross Robertson, QSO, JP



Dawn Trenberth



(Quorum 4 members)




Carol McGarry

Democracy Advisor


26 November 2020


Contact Telephone:  +64 27 591 5024

Email: carol.mcgarry@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz





Ōtara-Papatoetoe Local Board

01 December 2020



ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Review of decision-making policy                                                                               7

5          10-year Budget 2021-2031 consultation                                                                    23  




1          Welcome



2          Apologies


At the close of the agenda no apologies had been received.


3          Declaration of Interest


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.




Ōtara-Papatoetoe Local Board

01 December 2020



Review of decision-making policy

File No.: CP2020/17642




Te take mō te pūrongo

Purpose of the report

1.       To seek input into the review of decision-making policy, particularly the allocation of decision-making responsibility for non-regulatory activities and endorse the proposed approach to the long-term plan consultation draft.

Whakarāpopototanga matua

Executive summary

2.       Local boards and the Governing Body obtain their decision-making responsibilities from three sources: statute, delegation and allocation. The ‘Decision-making responsibilities of Auckland Council’s Governing Body and local boards’ policy provides an overview of these sources and the types of decisions involved.

3.       For non-regulatory activities, the Governing Body is required by legislation to allocate decision-making responsibilities to either itself or local boards (known as allocations). It is also required to publish these in the long-term plan and annual plans of the council. The current allocations are contained in the decision-policy in the current Annual Plan 2020/2021 and provided in Attachment A.

4.       The allocations have been reviewed a few times in the past decade and currently reflect a consideration by the Governing Body on what is a fair division of responsibilities and in line with legislative principles.

5.       In recent workshops with local boards, many indicated that the current allocations are acceptable. However, some also noted that they have concerns about the application and interpretation of some elements.

6.       The council is committed to keeping the allocations and delegations under active review. Staff are recommending that a review be undertaken by the Joint Governance Working Party (JGWP) before the adoption of the long-term plan. The JGWP currently monitors the progress of the Waiheke pilot and is well placed to make recommendations on how the findings of the pilot impact the existing responsibilities that are allocated and delegated to local boards. The JGWP is also well placed to examine and recommend improvements to other issues within the current decision-making framework that are raised by local boards.

7.       This report seeks feedback on:

·     the current allocations (decision-making for non-regulatory activities)

·     existing delegations or aspects of regional decisions where a local board may want to request a delegation

·     proposed approach to the long-term plan consultation – to use the current policy with minor amendments.


Ngā tūtohunga


That the Ōtara-Papatoetoe Local Board:

a)      give feedback on the allocations and delegations in the decision-making policy

b)      endorse the proposed approach to the long-term plan consultation.





8.       Both the Governing Body and local boards are responsible and democratically accountable for the decision-making of Auckland Council. Whether responsibility for a particular decision rests with the Governing Body or one or more local boards depends on the nature of the decision.

9.       There are three main sources of decision-making responsibilities:

·     statutory decision-making responsibilities

·     delegation of decision-making responsibilities

·     allocation of decision-making for non-regulatory activities.

Statutory decision-making responsibilities

10.     Statutory decision-making responsibilities come from legislation and are outlined in the decision-making for context and clarity only. These are outside the scope of the review discussed in this report.

Delegation of decision-making responsibilities

11.     Delegations are the transfer of responsibility, function or power from one decision-maker to another. The decision-maker who delegates the responsibility is responsible and accountable for the exercise of the delegated responsibility.

12.     The decision-making policy records the delegations from the Governing Body to local boards. The Governing Body and local boards can also be delegated decision-making responsibilities from Auckland Transport but there are no delegations from AT in place at this time.

13.     The existing delegations from the Governing Body to local boards include things such as:

·     giving input into notification decisions for resource consent applications

·     making, amending and revoking liquor licensing applications under the Sale and Supply of Alcohol Act 2012

·     certain powers under the Reserves Act 1977 for local reserves including declaring, classifying, and reclassifying a reserve and proposing the revocation of reserve status in order to manage the land under the Local Government Act 2002.

Allocation of decision-making for non-regulatory activities

14.     The Governing Body is required by legislation to allocate decision-making responsibility for the non-regulatory activities of Auckland Council to either itself or local boards. The allocation must be in accordance with principles contained in section 17(2) of the Act which provide as follows:

a)    decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its local boards unless paragraph (b) applies:

b)    decision-making responsibility for a non-regulatory activity of the Auckland Council should be exercised by its Governing Body if the nature of the activity is such that decision-making on an Auckland-wide basis will better promote the well-being of the communities across Auckland because:

i)     the impact of the decision will extend beyond a single local board area, or

ii)    effective decision-making will require alignment or integration with other decisions that are the responsibility of the Governing Body, or

iii)    the benefits of a consistent or coordinated approach across Auckland will outweigh the benefits of reflecting the diverse needs and preferences of the communities within each local board area.

15.     The presumption of local decision-making (unless there is a case for decision-making on a regional basis) means local boards are responsible and accountable for a large part of council’s non-regulatory activities. These activities include parks, community facilities, libraries, community development programmes and events.

Previous reviews

16.     The current allocations have been reviewed and refined over the years. A comprehensive review in 2015 concluded that the allocations were working well and that there was a growing understanding and increasing sophistication of how to use them.

17.     The review that was done as part of the Governance Framework Review (GFR) found that the current allocation recommended an area that local boards could be further empowered in. This led to the delegation of responsibility for service property optimisation decisions to local boards.

18.     The delegation to local boards for service property optimisation decisions is currently reflected in the decision-making policy as a non-regulatory activity that is allocated and not delegated. A recent review by the legal team has concluded that this requires correction. This is discussed further below.

19.     In March 2018, the Local Government Commission recommended that the council keeps the delegations and allocations of functions to local boards under active review and to consider whether to roll out the Waiheke pilot (or aspects of it) elsewhere before completion, if it is achieving the desired results. The council accepted this recommendation and undertook to conduct a review every three years. The opportunity to update the policy every year as part of the annual plan is still available.

Tātaritanga me ngā tohutohu

Analysis and advice

Review 2021

20.     Staff recommend that the JGWP undertakes a review of the decision-making policy in early 2021.

21.     The JGWP meets bi-monthly to consider governance matters of mutual interest to the Governing Body and local boards. The JGWP is charged with monitoring the implementation of the Governance Framework Review recommendations and is receiving regular reports about the Waiheke pilot. The JGWP does not have delegated decision-making powers but reports its findings to local boards and the Governing Body for final decisions.

Draft decision-making policy for consultation

22.     For purposes of the long-term plan public consultation, council is advised to include drafts of all long-term policies for context.

23.     Staff propose that the current policy, provided in Attachment A, be included in the consultation materials for context and to reserve any substantive amendments until the review is complete.

24.     The consultation draft of the decision-making policy can include non-substantive edits including:

·        updates to Schedule 1 (Regional Parks) to ensure accuracy e.g. inserting macrons, correcting an erroneous deposited plan number, including Motukorea/Browns Island in the list of regional parks

·        updates to reflect any delegations that have been given and are yet to be recorded in the policy

·        technical correction – there is one correction that has been identified (discussed further below).

25.     If already approved, the Governing Body may also wish to include the proposal to allocate Rodney drainage districts to the Governing Body. This responsibility is currently allocated to the Rodney Local Board. This matter is the subject of a separate report to the Governing Body.

Technical correction: Disposal delegation

26.     In 2017, local boards were given a delegation from the Governing Body to make disposal decisions. This delegation was made as part of a series of agreements and actions that the Governing Body committed to following the Governance Framework Review (resolution number GB/2017/118). The delegation is limited to the use of the ‘optimisation of service assets’ policy.

27.     The optimisation of service assets policy, which sets out the purpose and principles for optimisation of underperforming or underutilised local service property, was adopted by the Finance and Performance Committee in March 2015 (resolution number FIN/2015/16). A key element is that sale proceeds from underperforming service property are locally reinvested to advance approved projects or activities on a cost neutral basis. The delegation to local boards was designed to enable local boards to make the final decisions on local asset disposal and reinvestment, providing all policy criteria have been met.

28.     In the current decision-making policy, this responsibility is shown in the allocations. Staff have considered that this is an error that needs correcting. This responsibility is derived from statutory responsibilities that rest with the Governing Body and, therefore, is not available for allocation but it can be delegated, which has indeed been done in Governing Body resolution number GB/2017/118.

29.     Decisions to keep or dispose of council assets directly impact on the council’s ‘capacity to provide, or ensure the provision of, services and facilities (including local activities) as well as the ability to manage revenue, expenses, assets, liabilities, investments and general financial dealings prudently. These are responsibilities of the Governing Body that provides useful context for the delegation to local boards.

30.     Disposal decisions, if made under delegated authority, must be consistent with the long-term plan in the sense that they are expressly or implicitly authorised by that plan. This does not mean that every purchase or disposal decision must be specifically identified in the long-term plan. An example of this is agreeing to use the optimisation of service assets policy to finance or contribute towards a strategic outcome identified in the long-term plan.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31.     This report relates to a policy and does not have any immediate or long-term climate impacts.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32.     Council departments will be involved in the review of the policy and had been invited to give feedback on issues that may not be working well.

33.     Feedback received to date from some departments reinforces the recommendation for guidance notes to aid interpretation of the allocations in the decision-making policy.

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

Local impacts and local board views

34.     It is not anticipated that matters arising from this report will have a significant local impact.

35.     Local boards’ views and preferences are being sought through this report. Staff have gathered some views informally in workshop discussions.

36.     The following list of issues have been compiled from the informal discussions with individual local boards. Local boards may wish to consider the following elements in their feedback relating to the review:

·        integrate findings and progressions from the Governance Framework Review

·        provide clarity on the decision-making policy through guidance notes and other supporting material

·        agree a streamlined dispute process which can be used by local boards when there is a dispute over the allocation and/or its interpretation

·        consider whether the allocations require further clarity on those responsibilities delegated by the Governing Body to council-controlled organisations, noting that the purpose of the policy is to ensure Aucklanders know who is responsible for what

·        consider and provide resolution or guidance on issues for which there may be a conflict or disagreement between staff and elected member interpretation. These issues include but are not limited to:

o   placemaking

o   procurement

o   filming on parks (linked to permitting)

o   land newly acquired – responsibility over purpose and location

o   street environment and town centre activity

o   approach to regional vs. multi-board vs. local

o   stormwater decisions

o   naming of parks not allocated to the local board but that are located in a local board’s area

·        consider whether decision-making responsibilities over some allocation elements can be shared instead of adopting a binary approach to them, e.g. local drainage reserves

·        consider if more delegations can be given to local boards, including but not limited to:

o   area plans

o   other areas of Governing Body - the perception here is that the scale of responsibilities that sit with Governing Body is broad and not possible to ensure political oversight and monitoring over everything

·        consider role of mana whenua and the Independent Māori Statutory Board – are there decision-making responsibilities that should be delegated to them?

·        consider areas where local boards want to see more support and empowerment, including:

o   optimisation of service property

o   local economic development.

Tauākī whakaaweawe Māori

Māori impact statement

37.     There are no decisions being sought in this report that will have a specific impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

38.     There are no financial implications directly arising from the information contained in this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39.     This report seeks feedback to inform the review of a policy that will not be adopted until June 2021. As such, there is very little risk associated with not providing feedback on time.

40.     Local board views, if any, will be shared with the Governing Body in mid-December and then sent to the JGWP for their review in early 2021.

Ngā koringa ā-muri

Next steps

41.     Feedback from local boards will be presented to the Governing Body in mid-December 2020.

42.     At its mid-December 2020 meeting, the Governing Body will be:

·        deciding the approach to the long-term plan consultation; the draft decision-making policy agreed at this meeting will be reviewed in early 2021

·        confirming the referral to the JGWP to undertake a review, consider and respond to issues to be raised by local boards.

43.     Staff will be preparing guidance notes to aid the interpretation of the decision-making policy. The JGWP will oversee this task.


Ngā tāpirihanga






Decision-making responsibilities of Auckland Council’s Governing Body and local boards policy



Ngā kaihaina



Shirley  Coutts - Principal Advisor – Local Board Services


Louise Mason – General Manager Local Board Services

Manoj Ragupathy - Local Area Manager


Ōtara-Papatoetoe Local Board

01 December 2020



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Ōtara-Papatoetoe Local Board

01 December 2020



10-year Budget 2021-2031 consultation

File No.: CP2020/17643




Te take mō te pūrongo

Purpose of the report

1.       For the approval of the consultation content and input on the regional topics for the Long Term Plan 2021-2031.

2.       At the time the agenda went to print the report and attachments were not available and will be tabled at the meeting.





Ngā tāpirihanga


There are no attachments for this report.     

Ngā kaihaina



Carol McGarry - Democracy Advisor


Manoj Ragupathy - Local Area Manager