Agenda of Waitākere Ranges Local Board

Waitākere Ranges Local Board

10 December 2020

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 6

5 Leave of Absence 6

6 Acknowledgements 6

7 Petitions 6

8 Deputations 6

9 Public Forum 7

10 Extraordinary Business 7

11 Notices of Motion 7

12 Notice of Motion - Member Ken Turner - Waitākere Ranges Heritage Area Act 2008 9

13 Waitākere Ward Councillors' Update 25

14 New community lease to Titirangi Returned Services Association Incorporated and approval to enter into a sublease with Titirangi RSA Bowling Club Incorporated, 500 South Titirangi Road, Titirangi 27

15 New community lease to Titirangi RSA Bowling Club Incorporated, 500 South Titirangi Road, Titirangi 39

16 New community lease to The West Coast Community Arts Trust, 42 Seaview Road, Piha 47

17 United North Piha Lifeguard Service Incorporated - lease over part of Les Waygood Park for the use of camping / caravans (Covering report) 59

18 Proposal for French Bay Esplanade Reserve, 52 Valley Road, Titirangi 61

19 Innovating Streets Decisions December 2020 (Covering report) 77

20 Auckland Council’s Performance Report: Waitākere Ranges Local Board for July to October 2020 79

21 Changes to Community Facilities Work Programme 2020-2023 133

22 Local board views on Plan Change 53 - Temporary Activities and Pukekohe Park Precinct 139

23 New road name in the F&P Dream Homes Limited subdivision for 102, 102A & 104 Rosier Road, Glen Eden 145

24 Chair's Report - December 2020 153

25 Board Member Report - Member Sandra Coney 155

26 Workshop Records 169

27 Governance Forward Work Programme 177

28 Consideration of Extraordinary Items

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.

Specifically, members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.

The following are declared interests of the Waitākere Ranges Local Board:

Board Member	Organisation/Position
Mark Allen	- Community Waitākere – Executive Officer - Bethells Valley Fire – Senior Fire Fighter - Waitākere Licensing Trust – Trustee
Michelle Clayton	- Glen Eden Community House – Treasurer - Glen Eden Residents’ Association – Treasurer - Waitākere Community Organisation Grants Scheme (COGS) – Committee Member - The Personal Advocacy and Safeguarding Adults Trust – Trustee - Glen Eden Returned Services Association (RSA) – Member - Glen Eden Railway Trust – Member
Sandra Coney	- Waitematā District Health Board – Elected Member & Chair of Hospital Advisory Committee - Women’s Health Action Trust – Patron - New Zealand Society of Genealogists – Member - New Zealand Military Defence Society – Member - Cartwright Collective – Member
Greg Presland	- Whau Coastal Walkway Environmental Trust – Trustee - Combined Youth Services Trust – Trustee - Glen Eden Bid – Member - Titirangi Ratepayers and Residents Association – Member - Waitākere Ranges Protection Society - Member - Titirangi RSA - Member - Maungakiekie Golf Club – Member
Saffron Toms	- Titirangi Community House – Secretary - Huia-Cornwallis Residents and Ratepayers Association – Committee Member
Ken Turner	- Huia-Cornwallis Residents and Ratepayers Association – Committee Member

Member appointments

Board members are appointed to the following bodies. In these appointments the board members represent Auckland Council:

External community group or organisation	Lead	Alternate
Aircraft Noise Community Consultative Group	Mark Allen	Saffron Toms
Ark in the Park	Mark Allen	Sandra Coney
Friends of Arataki and Waitākere Regional Parkland Incorporated	Michelle Clayton	Sandra Coney
Glen Eden Business Improvement District (Glen Eden Business Association)	Michelle Clayton	Greg Presland
Glen Eden Playhouse Theatre Trust	Ken Turner	Mark Allen
Te Uru Waitākere Contemporary Gallery	Mark Allen	Saffron Toms and Sandra Coney
The Rural Advisory Panel	Ken Turner	Saffron Toms

4 Confirmation of Minutes

That the Waitākere Ranges Local Board:

a) confirm the minutes of its meeting, held on Thursday, 26 November 2020 and the minutes of its extraordinary meeting, held on Thursday, 3 December 2020, as true and correct.

5 Leave of Absence

At the close of the agenda no requests for leave of absence had been received.

6 Acknowledgements

At the close of the agenda no requests for acknowledgements had been received.

7 Petitions

At the close of the agenda no requests to present petitions had been received.

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Waitākere Ranges Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

At the close of the agenda no requests for deputations had been received.

9 Public Forum

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

At the close of the agenda no requests for public forum had been received.

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

11 Notices of Motion

Pursuant to the Standing Orders of the Waitākere Ranges Local Board section 2.5.1, a Notice of Motion has been received from Member Ken Turner for consideration under Item 12.

Waitākere Ranges Local Board

10 December 2020

Notice of Motion - Member Ken Turner - Waitākere Ranges Heritage Area Act 2008

File No.: CP2020/17263

Whakarāpopototanga matua

Executive summary

1. Member Ken Turner has given notice of a motion that he wishes to propose.

2. The notice, signed by Member Ken Turner and Member Michelle Clayton as seconder, is appended as Attachment A.

3. Supporting information is also appended to Attachment A.

Motion

That the Waitākere Ranges Local Board:

a) advise the Governing Body and its Parks, Arts, Community and Events Committee that the Waitākere Ranges Local Board is opposed to permanent and/or long-term closure of Waitākere Regional Park tracks.

b) remind the Governing Body and its Parks, Arts, Community and Events Committee that the Waitākere Ranges Heritage Area Act, Section 10, regional policy statements and regional plans stipulates:

i) when preparing or reviewing a regional parks statement or regional plan that affects the Heritage area, the council must give effect to the purpose of this act and the objectives.

c) request the Governing Body and its Parks, Arts, Community and Events Committee to acknowledge that the purpose of the Waitākere Ranges Heritage Area Act 2008 is to:

i) recognise the national, regional, and local significance of the Waitākere Ranges Heritage Area; and

ii) promote the protection and enhancement of its heritage features for present and future generations; and

iii) recognise that the Heritage Features of the Heritage Area Act include:

A) The opportunities that the area provides for wilderness experiences, recreation, and relaxation in close proximity to metropolitan Auckland

B) The evidence of past human activity in the area, including those in relation to Timber extraction, gum-digging, flax milling, mineral extraction, quarrying, extensive farming, and water impoundment and supply

C) The Waitākere Ranges Regional Park and its importance as an accessible public place within significant natural, historical, cultural, and recreational resources.

d) request the Governing Body and its Parks, Arts, Community and Events Committee to acknowledge that the Heritage area Objectives of the Waitākere Ranges Heritage Area Act 2008 include:

i) to protect in perpetuity the natural and historic resources of the Waitākere Ranges Regional Park for their intrinsic worth and for the benefit, use, and enjoyment of the people and communities of the Auckland region and New Zealand.

e) remind the Governing Body and its Parks, Arts, Community and Events Committee that the Waitākere Ranges Regional Park track network is intrinsic to experiencing the heritage of the Waitākere Ranges and Regional Park by virtue of the fact that without these tracks people cannot experience the heritage features of access, wilderness experiences, benefit, use, and enjoyment as previous generations have, and therefore, permanent closure of Waitākere Ranges Regional Park tracks is contrary to the purpose and objectives of the Waitākere Ranges Heritage Area Act.

f) request the Governing Body and its Parks, Arts, Community and Events Committee ensure that all Waitākere Ranges Regional Park Management Plans prohibit permanent and/or long-term track closure in accordance with the Objectives of the Waitākere Ranges Heritage Area Act.

g) request Auckland Council staff circulate this resolution to Governing Body and Local Board Members and the Parks, Arts, Community and Events Committee, within 7 working days.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	29 November 2020, Notice of Motion - Member Ken Turner - Waitākere Ranges Heritage Area Act 2008 + supporting material	11

Ngā kaihaina

Signatories

Authors	Elizabeth Stewart - Democracy Advisor
Authorisers	Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

New community lease to Titirangi Returned Services Association Incorporated and approval to enter into a sublease with Titirangi RSA Bowling Club Incorporated, 500 South Titirangi Road, Titirangi

File No.: CP2020/16902

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease to Titirangi Returned Services Association Incorporated for part of Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi.

2. Approval for Titirangi Returned Services Association Incorporated to enter into a sublease with Titirangi RSA Bowling Club Incorporated.

Whakarāpopototanga matua

Executive summary

3. Titirangi Returned Services Association Incorporated formerly known as The Titirangi Branch Incorporated Western Suburbs Returned Servicemens Association Incorporated holds a community lease entered into with the legacy Waitākere City Council for a term of 33 years commencing 1 March 1987. The lease reached final expiry on 29 February 2020 and is holding over on a month by month basis.

4. The RSA has applied for a new community lease and approval to enter into a sublease with the Titirangi RSA Bowling Club Incorporated. The RSA owns the building located on Titirangi War Memorial Reserve and subleases the lower floor area to the bowling club to use as its clubrooms. The bowling green is located next to the RSA building.

5. Groups that own their own building have an automatic right to re-apply at the end of their occupancy term without public notification as specified in the Auckland Council Community Occupancy Guidelines 2012.

6. The RSA has requested a longer-term lease to reflect the long-standing relationship it has with the reserve, the community, and the building investment.

7. This report recommends the granting of a new community lease to Titirangi Returned Services Association Incorporated for a term of 10 years commencing 1 January 2021 with two 10-year rights of renewal and approval to enter into a sublease with Titirangi RSA Bowling Club Incorporated.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) grant a new community lease to Titirangi Returned Services Association Incorporated for part of Titirangi War Memorial Reserve (Attachment A) being 773m² (more or less) on the following terms and conditions:

i) term: 10 years commencing 1 January 2021 with two 10-year rights of renewal

ii) rent: $1.00 plus GST per annum if demanded

iii) Titirangi Returned Services Association Incorporated Community Outcomes Plan as approved be attached to the community lease document (Attachment B).

b) approve all other terms and conditions in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines 2012.

c) approve Titirangi Returned Services Association Incorporated granting a sublease of the lower floor area of its building located on Titirangi War Memorial Reserve (Attachment C) being 147m² (more or less) to Titirangi Bowling Club Incorporated on the following terms and conditions:

i) term: not to exceed the head lease less one day commencing 1 December 2020.

Horopaki

Context

8. This report considers a new community lease to Titirangi Returned Services Association Incorporated at Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi.

9. The Waitākere Ranges Local Board is the allocated authority relating to local, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

Lease, land, and building

10. Titirangi Returned Services Association Incorporated formerly known as The Titirangi Branch Incorporated Western Suburbs Returned Servicemens Association Incorporated holds a community lease entered into with the former Waitākere City Council for a single term of 33 years commencing 1 March 1987. The lease has been holding over on a month by month basis since reaching expiry on 29 February 2020. The RSA owns the building located on Titirangi War Memorial Reserve.

11. Classification of reserves is a legal requirement under the Reserves Act 1977 and enables the council to grant leases under that act to the various groups that occupy the reserve.

12. At its business meeting of 28 May 2020, the Waitākere Ranges Local Board resolved to classify Titirangi War Memorial Reserve according to its primary uses. The parcel of land occupied by the RSA is described as Section 2 Survey Office Plan 544887 being 8,314m². Section 2 is held by the Crown through the Department of Conservation as a classified local purpose (community purposes and historic war memorial site) reserve and vested in Auckland Council in trust and subject to the Reserves Act 1977.

13. The land classification legally supports the proposed new community lease to the RSA. As such, public notification is not required.

14. Engagement with mana whenua was undertaken and no concerns were raised.

Titirangi Returned Services Association Incorporated

15. The national organisation of the RSA was formed in New Zealand in 1916 by returning Anzac’s during World War 1 to provide support and comfort for service men and women and their families. The Titirangi RSA was formed over 75 years ago as part of Auckland’s Westerns Suburbs RSA and became an association in 1979. It is a member of both the Royal New Zealand Returned Services Association and Club’s NZ.

16. The RSA’s extensive building straddles both a portion of Titirangi War Memorial Reserve and 502 South Titirangi Road. The RSA owns land at 502 South Titirangi Road that adjoins the reserve.

17. With over 1700 members the RSA runs a number of programmes, services, and activities such as helping all current and former service personnel and their families get the support they need. It administers the Allan Ruthven Memorial Welfare rust to distribute funds for dental, hearing and vision with members required to meet specific criteria. The range of activities includes quiz nights, open mic night, restaurant, live music, gaming machines, social and sports clubs including pool, snooker, fishing, darts, bridge over 60’s club and gym facilities.

18. The RSA has an interior building renovation planned which will include new carpet and furnishings for the entire clubroom. The RSA hopes to raise the estimated $250,000 over a two-year period and that works will commence in 12 months. Over $100,000 has been raised so far.

19. The RSA has filed an application for a new community lease and requested a longer tenure term than the standard recommended 10 years with one 10-year right of renewal as outlined in the Auckland Council Community Occupancy Guidelines 2012. The guidelines provide that where a local board wishes to vary the length of term offered it may do so.

20. The RSA has been subleasing the lower floor area of its building that is located on the reserve to the Titirangi RSA Bowling Club Incorporated as it has no clubroom or available space to build one. The bowling green adjoins the RSA building This arrangement is proposed to continue and approval to enter into a sublease is sought from the local board. The sublease term recommended in this report does not exceed the head lease term. This allows the RSA to reflect on the bowling clubs ground lease term with council when deciding the sublease term.

21. The bowling club owns the artificial green located on the reserve. Approval for a lease over the bowling green area will be required from the Waitākere Ranges Local Board. A separate report has been prepared seeking approval for this lease.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. The designated impact level of the recommended decision on green-house gas emissions falls within the “no impact” category because the proposal continues an existing activity and does not introduce new sources of emissions.

23. Titirangi War Memorial Reserve does not sit within a flood plain or coastal inundation area.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. Staff from the Community Empowerment Unit, Parks Sports and Recreation and Area Operations were consulted and support a new community lease to the RSA.

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

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

Local impacts and local board views

26. A new community lease to Titirangi Returned Services Association Incorporated is contemplated in the Waitākere Ranges Community Lease Work Programme 2019/2020 approved by resolution WTK/2019/82.

27. Council staff sought the views of the local board at a workshop on 13 August 2020. The local board indicated support for a new community lease to the RSA for a term of 10 years with two 10-year rights of renewal.

28. A community outcomes plan aligned to the Waitākere Ranges Local Board Plan 2017 has been negotiated with the RSA and is attached for approval (Attachment B).

Tauākī whakaaweawe Māori

Māori impact statement

29. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

30. As detailed in the RSA’s agreed community outcomes plan a key performance indicator includes engagement with local iwi and giving them the opportunity to be involved in special events such as Anzac Day commemorations.

31. Staff prepared a power point document containing details on proposed new lease for presentation (via Skype) to mana whenua representatives in attendance at the north west mana whenua forum scheduled to have been held in Orewa on Wednesday 2 September 2020. Unfortunately, the forum was cancelled.

32. Staff subsequently circulated the presentation to mana whenua representatives via email.

33. Staff received the following email feedback from the Kaitiaki for the following iwi groups:

a) Ngāti Whātua O Kaipara – thanks council for consulting, defer to Te Kawerau a Maki for comments.

b) Ngāti Whātua Ōrākei – does not need involvement in this instance but would defers and support our whanaunga of Te Kawerau ā Maki as the lead Iwi for direct consultation moving forward on this project

c) Waikato-Tainui – withdraws from this discussion. Matters of a localized nature they support mana whenua to take the lead role.

34. Staff met with a Kaitiaki representative from Te Kawerau a Maki on 16 September 2020 to discuss the proposal. Feedback received advised that Te Kawerau a Maki has historical and cultural connections to Titirangi, and therefore has an interest in all activities in the area, including leases. After reading the information provided Te Kawerau a Maki confirmed that it has no concerns regarding a new lease to Titirangi Returned Services Association Incorporated.

Ngā ritenga ā-pūtea

Financial implications

35. Under the 1987 lease, the lessee’s rent was $100.00 including GST per annum. The lessee has never been charged this rent by either the former Waitākere City Council or Auckland Council. Under the Auckland Council Community Occupancy Guidelines 2012 the rent will be $1.00 plus GST per annum (if demanded).

36. There is no financial implication and the rent reflects the groups requirement to maintain its building and the leased area with no costs being incurred by Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37. Should the Waitākere Ranges Local Board resolve not to grant a community lease to the RSA this decision will materially affect the group’s ability to undertake its core activities. Additionally, should the Waitākere Ranges Local Board resolve not to approve the RSA granting a sublease to Titirangi Bowling Club Incorporated this decision will materially affect the bowling club’s ability to undertake its core activities.

Ngā koringa ā-muri

Next steps

38. Subject to the grant of a new community lease, council staff will work with the RSA to finalise the new lease document.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site plan for Titirangi Returned Services Association Incorporated, Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi	33
b ⇩	Titirangi Returned Services Association Incorporated Community Outcomes Plan	35
c ⇩	Site plan of sublease area from Titirangi Returned Services Association Incorporated to Titirangi RSA Bowling Club Incorporated, Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi	37

Ngā kaihaina

Signatories

Authors

Donna Cooper - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

New community lease to Titirangi RSA Bowling Club Incorporated, 500 South Titirangi Road, Titirangi

File No.: CP2020/16913

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease to Titirangi RSA Bowling Club Incorporated located on Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi.

Whakarāpopototanga matua

Executive summary

2. Titirangi RSA Bowling Club Incorporated holds a community lease entered into with the legacy Waitākere City Council for a term of 32 years commencing 1 March 1988. The lease reached final expiry on 29 February 2020 and is holding over on a month by month basis.

3. The bowling club has applied for a new community lease over part of Titirangi War Memorial Reserve. The improvements to the land are owned by the club.

4. After assessing the club’s application, staff are satisfied that the group meets the requirements for a new lease under Auckland Council’s Community Occupancy Guidelines 2012.

5. This report recommends the granting of a new community lease to Titirangi RSA Bowling Club Incorporated for five years commencing 1 January 2021 with one five-year right of renewal. This is the recommended term by taking into consideration the Bowls 2020 Auckland Region Bowls Facilities Strategy and the Auckland Council Community Occupancy Guidelines July 2012.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) grant a new community lease to Titirangi RSA Bowling Club Incorporated for part of Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi (Attachment A) being 1,228m² (more or less) on the following terms and conditions:

i) term: five years commencing 1 January 2021 with one five-year right of renewal

ii) rent: $1.00 plus GST per annum if requested

iii) Titirangi RSA Bowling Club Incorporated Community Outcomes Plan as approved be attached to the community lease document (Attachment B).

b) approve that all other terms and conditions be in accordance with the Reserves Act 1977 and the Auckland Council Community Occupancy Guidelines July 2012.

Horopaki

Context

6. This report considers a new community lease to Titirangi RSA Bowling Club Incorporated at Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi.

7. The Waitākere Ranges Local Board is the allocated authority relating to local, sport and community facilities, including community leasing matters,

Tātaritanga me ngā tohutohu

Analysis and advice

Lease, land, and improvements

8. Titirangi RSA Bowling Club Incorporated holds a community lease entered into with the former Waitākere City Council for a single term of 32 years commencing 1 March 1988. The lease has been holding over on a month by month basis since reaching expiry on 29 February 2020. The improvements to the land such as the artificial green and a small shed are owned by the club.

9. Classification of reserves is a legal requirement under the Reserves Act 1977 and enables the council to grant leases under that act to the various groups that occupy the reserve.

10. At its business meeting of 28 May 2020, the Waitākere Ranges Local Board resolved to classify Titirangi War Memorial Reserve according to its primary uses. The parcel of land occupied by the bowling club is described as Section 3 Survey Office Plan 544887 being 1436m². Section 3 is held by the Crown through the Department of Conservation as a classified recreation reserve and vested in Auckland Council in trust and subject to the Reserves Act 1977.

11. The land classification legally supports the proposed new community lease to the bowling club and the activity is activity is contemplated in the Waitākere Ward Local Reserves Management Plan adopted 31 August 2010. As such, public notification is not required.

12. Engagement with mana whenua was undertaken and no concerns were raised.

Titirangi RSA Bowling Club Incorporated

13. The club was formed in 1975 as a separate ladies and men’s lawn bowling club. The two clubs amalgamated in 2003 resulting in a completely integrated bowling club.

14. The club is small with one artificial green and membership numbers in August 2020 reaching just over 60. The activity of bowls is benefit to the older members of the community.

15. With no clubrooms or available space to build one the club uses the lower floor area of the Titirangi Returned Services Association Incorporated’s building. This will be a sublease arrangement. Approval to enter into a sublease arrangement will be required from the Waitākere Ranges Local Board as the RSA building occupies the reserve. A separate report has been prepared seeking approval for this arrangement.

16. The club provides free tuition and use of the club’s bowls and equipment during training.

17. The carpet surface of the artificial grass will be replaced by the club in three to five years’ time.

18. The club sustains its activities predominantly through membership subscriptions, raffles, grants, and a small number of advertising boards on the internal perimeter of the green.

19. The recommended lease term of five years with one five-year right of renewal took into consideration the Bowls 2020 Auckland Region Bowls Facilities Strategy, low membership numbers, limited infrastructure and the feedback from Auckland Council’s Parks Sports and Recreation team.

Tauākī whakaaweawe āhuarangi

Climate impact statement

20. The designated impact level of the recommended decision on green-house gas emissions falls within the “no impact” category because the proposal continues an existing activity and does not introduce new sources of emissions.

21. Titirangi War Memorial Reserve does not sit within a flood plain or coastal inundation area.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22. Staff from the Community Empowerment Unit, Parks Sports and Recreation and Area Operations were consulted and support a new community lease to the bowling club.

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

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

Local impacts and local board views

24. A new lease to Titirangi RSA Bowling Club Incorporated is contemplated in the Waitākere Ranges Community Lease Work Programme 2019/2020 approved by resolution WTK/2019/82.

25. Council staff sought the views of the local board at a workshop on 13 August 2020. The local board indicated support for a new community lease to the bowling club for a term of five years with one five-year right of renewal.

26. A community outcomes plan aligned to the Waitākere Ranges Local Board Plan 2017 has been negotiated with Titirangi RSA Bowling Club Incorporated and is attached for approval (Attachment B).

Tauākī whakaaweawe Māori

Māori impact statement

27. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

28. As detailed in the bowling club’s agreed community outcomes plan a key performance indicator includes growing Maori involvement in the sport.

29. Staff prepared a power point document containing details on proposed new lease for presentation (via Skype) to mana whenua representatives in attendance at the north west mana whenua forum scheduled to have been held in Orewa on Wednesday 2 September 2020. Unfortunately, the forum was cancelled.

30. Staff subsequently circulated the presentation to mana whenua representatives via email.

31. Staff received the following email feedback from the Kaitiaki for the following iwi groups:

a) Ngāti Whātua O Kaipara – thanks council for consulting, defer to Te Kawerau a Maki for comments.

b) Ngāti Whātua Ōrākei – does not need involvement in this instance but would defers and support our whanaunga of Te Kawerau a Maki as the lead Iwi for direct consultation moving forward on this project

c) Waikato-Tainui – withdraws from this discussion. Matters of a localized nature they support mana whenua to take the lead role.

32. Staff met with a Kaitiaki representative from Te Kawerau a Maki on 16 September 2020 to discuss the proposal. Feedback received advised that Te Kawerau a Maki has historical and cultural connections to Titirangi, and therefore has an interest in all activities in the area, including leases. After reading the information provided Te Kawerau a Maki confirmed that it has no concerns regarding a new lease to Titirangi RSA Bowling Club Incorporated.

Ngā ritenga ā-pūtea

Financial implications

33. Under the 1988 lease, the lessee’s rent was $100.00 including GST per annum. The lessee was never charged this rent by the former Waitākere City Council. Auckland Council commenced charging this rent from 1 March 2013. Under the Auckland Council Community Occupancy Guidelines 2012 the rent will be reduced to $1.00 plus GST per annum (if demanded). The reduced rent reflects the groups requirement to maintain its assets within the leased area with no costs being incurred by Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34. Should the Waitākere Ranges Local Board resolve not to grant a community lease to the bowling club this decision will materially affect the club’s ability to undertake its core activities.

Ngā koringa ā-muri

Next steps

35. Subject to the grant of a new community lease, council staff will work with the bowling club to finalise the new lease document.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site plan for Titirangi RSA Bowling Club Incorporated, Titirangi War Memorial Reserve, 500 South Titirangi Road, Titirangi	43
b ⇩	Titirangi RSA Bowling Club Incorporated Community Outcomes Plan	45

Ngā kaihaina

Signatories

Authors

Donna Cooper - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

New community lease to The West Coast Community Arts Trust, 42 Seaview Road, Piha

File No.: CP2020/17079

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease to The West Coast Community Arts Trust for the Old Piha School House located on 42 Seaview Road, Piha.

Whakarāpopototanga matua

Executive summary

2. On 7 September 2017 Auckland Council acquired the land at 42 Seaview Road, Piha. The land is held in fee simple by the council under the Local Government Act 2002. Located on the land is the council owned Old Piha School House.

3. Piha Community Wetland Project Team made up of several Piha community groups filed a submission in support for the acquisition of the land by council and its aspirations for the site. The project team supports The West Coast Community Arts Trust applying for and if approved by the local board holding a community lease for the schoolhouse.

4. The project team was registered as a charitable trust on 11 December 2019 and is now knowns as Piha Wetland Trust. A provision has made in the recommendations that the arts trust may assign the lease over to the wetland trust two years after the commencement of the lease provided the wetland trust meets the criteria set out in the Community Occupancy Guidelines 2012 or its replacement.

5. When a council owned building becomes available for lease it is good practice to advertise the facility calling for expressions of interest. This process can gauge interest, best use and if a specific group is needed in the area. With a number of the local Piha community groups supporting and working with council on this project the Waitākere Ranges Local Board has the authority to grant a new lease without undertaking an expression of interest process.

6. Flood events occurred for Piha Stream on 3 February, 28 April and 23 December 2018 which resulted in habitable floor flooding, power outages, road closure and emergency evacuations at several locations around the area. In January 2020 Tonkin & Taylor Limited were commissioned to provide professional advice specifically on the flood risk from the Piha Stream at the Old Piha School House. Special conditions are recommended following the advice from Tonkin & Taylor Limited and Auckland Council’s Engineering & Technical Services.

7. With the land being held under the Local Government Act 2002 the council is required to publicly notify its intention to grant a lease. Public notification of the intention to lease the school to the arts trust took place from 8 October – 9 November 2020. No submissions or objections were received. The cost of the public notification was met by the Community Facilities Department.

8. The report recommends the grant of a community lease to The West Coast Community Arts Trust for a term of five years commencing from date of execution of the deed of lease with one five-year right of renewal.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) grant a new community lease to The West Coast Community Arts Trust (Trust) for the Old Piha School House (and a small curtilage area) located at 42 Seaview Road, Piha being 111m² (more or less) as shown outlined in red on Attachment A on the following terms and conditions:

i) Term: five years commencing from date of execution of lease with one five-year right of renewal

ii) Rent: $1.00 plus GST per annum if demanded

iii) Maintenance fee: $250.00 plus GST per annum

b) The Trust may apply to Auckland Council to assign the lease over to the Piha Wetland Trust two years after the commencement of the lease and provided that the Piha Wetland Trust meets the criteria set out in the Auckland Council Community Occupancy Guidelines 2012 or its replacement.

c) The West Coast Community Arts Trust Community Outcomes Plan as approved be attached to the community lease document (Attachment B).

d) All other terms and conditions in accordance with the Local Government Act 2002 and the Auckland Council Community Occupancy Guidelines July 2012.

e) Note that the Trust has agreed to the operational conditions of use of the schoolhouse as approved by Auckland Council’s Legal Services (Attachment C).

Horopaki

Context

9. This report considers a new community lease to The West Coast Community Arts Trust at 42 Seaview Road, Piha.

10. The Waitākere Ranges Local Board is the allocated authority relating to local, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

42 Seaview Road, Piha

11. In 1958 the land at 42 Seaview Road Piha was taken under the Public Works Act for a public school and road. The school building (now known as Old Piha School House) was moved to the site in 1959 and used until 1961 when the school closed.

12. The land was subsequently acquired by Auckland Council from the Ministry of Education on 7 September 2017 for a park and is held in fee simple by the council under the Local Government Act 2002. Auckland Council is now the Right of First Refusal owner and subject to the obligations of Part 4 of the Ngā Mana Whenua o Tamaki Makaurau collective Redress Act 2014. The land it is made up of four parcels totaling 1.8767m² more or less and is described as follows:

· Part Lot 247 DP24231 being 0.0971 hectares

· Part Lot 247 DP 24231 being 1.7482 hectares

· Part Lot 1 DP 25709 being 0.0185 hectares

· Part Lot 1 DP 25709 being 0.0129 hectares.

13. When approving the acquisition of the land and schoolhouse building, Auckland Council imposed a condition that the Waitākere Ranges Local Board has no less than 18 months to consider its options and go through the relevant decision-making process to permanently retain the building as a service asset. If no service use for the building has been identified within 18 months from the date of settlement of the acquisition of the land the building will be removed. The 18-month period expired on 6 March 2019.

14. In early 2018 the Waitākere Ranges Local Board had indicated its support for a lease to be given over the schoolhouse as a community use space, however in February and April of 2018 the area surrounding the schoolhouse was severely flooded. The proposal to grant a lease was placed on hold while council arranged for flood risk assessments to be undertaken.

Old Piha School House

15. Located on part of Part Lot 247 DP 24231 (1.7482 hectares) and Part Lot 1 DP 25709 (0.0129 hectares) is the Old Piha School House. The schoolhouse is approximately 84m² and is made up of one open space area, a storage space and small kitchen.

16. The schoolhouse being close to 100 years old has been identified as having heritage value but has not been scheduled in Auckland Unitary Plan. The schoolhouse was the former Taurangaruru schoolhouse which is on the Karioitahi Coast near Waiuku.

17. An asset assessment was undertaken by the council in May 2018 and identified a significant number of repair and maintenance matters. Those matters that required immediate attention have been remedied. Matters classed as cosmetic such as a fresh coat of paint have been included on the renewals programme for investigation, design, and physical works in the next few years.

18. The schoolhouse is raised off the ground by approximately one metre. During the three floods of 2018 the water surrounded the building but did not enter it.

Piha Community Wetland Project Team and The West Coast Community Arts Trust

19. In January 2016 prior to the acquisition of the land a meeting was held between members of the local community and the council to discuss the potential future use of the land. Following that meeting, the council received a proposal from the Piha Community Wetland Project Team made up of a number of Piha community groups outlining its support for the acquisition and its aspirations for the site. The council has been working with the project team, but as at acquisition it could not apply for a community lease as it did not hold not-for-profit or charitable trust status.

20. To enable a lease to be granted prior to the 6 March 2019 date referred to in paragraph 13 above the project team supported The West Coast Community Arts Trust applying for and if approved by the local board holding a community lease for the schoolhouse.

21. The arts trust was registered as a charitable trust on 9 April 2001.

22. The schoolhouse will be used as a venue for hire by the community to hold meetings, gatherings, training and education sessions, cultural events, indoor recreation, exhibitions, displays and community activities.

23. The arts trust has provided financial accounts which indicate that its funds are sufficient to meet its liabilities and are being managed appropriately. The arts trust has all necessary insurance cover, including public liability insurance, in place.

24. The arts trust holds a community lease for the Auckland Council owned building known as Old Piha Fire Station located next to the Old Piha School House. The arts trust uses the building as an art gallery. Over 200 West Auckland artists display and sell their works through the art gallery that attracts over 16,000 visitors annually.

25. Following the lease project being delayed due to the flooding the wetland project team have been registered as a charitable trust. Provisions has been made in the recommendations for the consideration of an assignment of lease from the arts trust to the Piha Wetland Trust.

26. Prior to the granting of a lease under the Local Government Act 2002 that exceeds six months, Auckland Council is required to engage with local iwi and publicly notify its intention to grant a lease. There is no cost to the local board for these two processes.

27. Public notification of the intention to lease the school to the arts trust took place from 8 October – 9 November 2020. No submissions or objections were received.

28. Iwi engagement is outlined in paragraphs 38-40.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29. The designated impact level of the recommended decision on green-house gas emissions falls within the “no impact” category because the proposal continues an existing activity undertaken by the former lessee through the Ministry of Education and does not introduce new sources of emissions.

30. The land at 42 Seaview Road sits within a flood plain. Paragraphs 46-51 contained in the Risks and Mitigations section of this report address the flood risk assessments and make recommendations regarding the leasing of this site.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31. Staff from Legal Services, Engineering and Technical Services, Community Facilities Asset Management, Risk Management, Infrastructure and Environmental Services and Service Strategy and Integration have been consulted on the lease recommendations.

32. Staff from Parks Sports and Recreation, Area Operation Community Facilities and the Community Empowerment Unit have been consulted and support the proposed new community lease.

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

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

Local impacts and local board views

34. Council staff sought the views of the local board at workshops on 19 April 2018, 28 June 2018, and 13 August 2020.

35. When a council owned building becomes available for lease it is good practice to advertise the facility calling for expressions of interest. This process can gauge interest and best use. However, the Waitākere Ranges Local Board has the authority to grant a new lease without undertaking an expression of interest process if a specific group that provides a service that is needed in the area and is performing well. The board indicated support for a new community lease to the arts trust without the need for an expression of interest process.

36. The Waitākere Ranges Local Board is the allocated authority to approve the granting of a new community lease.

37. A community outcomes plan aligned to the Waitākere Ranges Local Board Plan 2017 has been negotiated with arts trust and is attached for approval (Attachment B).

Tauākī whakaaweawe Māori

Māori impact statement

38. Engagement was undertaken in May 2018 with the eight iwi groups identified as having an interest in land in the Waitākere Ranges Local Board area about the intention to grant a new community lease.

39. Engagement involved:

· a presentation at the North West Mana Whenua Forum held at Orewa on 2 May 2018

· email containing detailed information on the land, the trust and inviting iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural, or environmental impact with respect to the proposal.

40. Staff received the following email feedback from the Kaitiaki for the following iwi groups:

a) Te Kawerau a Maki – I can confirm that Te Kawerau a Maki are the mana whenua of Piha. Query over Auckland Council being the Right of First Refusal owner.

Response from Auckland Council to Kaitiaki for Te Kawerau a Maki:

i) Section 50 of the Public Works Act 1981 allows any existing public work to be disposed of by the Crown to a local authority for a public work ahead of other statutory obligations that would apply on disposal of Crown owned land.

ii) Under section 129 of the Ngā Mana Whenua o Tamaki Makaurau Collective Redress Act 2014 where any Right of First Refusal land is transferred to a local authority under section 50 of the Public Works Act it remains Right of First Refusal land and the local authority becomes the owner of all of the obligations that rested with the Crown under the Act.

b) Te Rūnanga o Ngāti Whātua – thanks for your email. Our review of the information provided for consideration confirms the following:

i) The Mana Whenua interests of Ngāti Whātua in the area of the proposed development

ii) Defer those interests to Kawerau in anticipation of their provision of an appropriate response accordingly

iii) We also anticipate that our future involvement will be determined following due consideration by Kawerau as well; and,

iv) We provide this response pro bono in our quest to support public good through managed growth and development.

v) We wish you all well in your endeavours.

Ngā ritenga ā-pūtea

Financial implications

41. Refurbishment of the exterior of the schoolhouse was approved on the 2019/2020 Community Facilities Work Programme for the Waitākere Ranges Local Board (WTK/2019/82).

42. The repair work including the additional emergency exit door located at the south west corner of the building estimated at $56,000 was approved in the 2020/2021 Community Facilities Work Programme for the Waitākere Ranges Local Board (WTK/2020/91).

43. Ongoing maintenance will be covered by the council and this is covered in future budgeting requirements. No further costs are envisaged.

44. In accordance with the Auckland Council Community Occupancy Guidelines the subsidised maintenance fee of $250.00 plus GST per annum charged to the lessee is offset against council costs.

45. Public notification of the intention to lease was borne by the Community Facilities department.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

46. Flood events occurred for Piha Stream on 3 February, 28 April and 23 December 2018 which resulted in habitable floor flooding, power outages, road closure and emergency evacuations at several locations around the area.

47. Tonkin & Taylor Limited were commissioned to prepare a flood risk assessment report in February 2019. The report did not go into detail regarding the Old Piha School House as the building was not habitable at the time.

48. In January 2020 Tonkin & Taylor Limited were commissioned to provide professional advice specifically on the flood risk from the Piha Stream at the Old Piha School House.

49. Tonkin & Taylor Limited March 2020 report made several recommendations including an additional emergency exit located at the south west corner of the building, a safe evacuation route from the new exit towards the higher ground and when occupations should leave the building.

50. These recommendations have been included in the terms and conditions of the proposed new lease along with additional conditions that have been set by Engineering & Technical Services. The conditions set by the council are designed so that persons using the facility to have day light visibility to exit the building away from the stream and evacuation procedures to be implemented by The West Coast Community Arts Trust.

51. The arts trust has agreed to the operational conditions of use of the schoolhouse as approved by Auckland Council’s Legal Services that will form part of the lease document (Attachment C).

Ngā koringa ā-muri

Next steps

52. Subject to the grant of a new community lease, council staff will work with the arts trust to finalise the new lease document.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan for The West Coast Community Arts Trust, 42 Seaview Road, Piha	53
b ⇩	The West Coast Community Arts Trust Community Outcomes Plan	55
c ⇩	Agreed operational conditions of use by The West Coast Community Arts Trust for the Old Piha School House, 42 Seaview Road, Piha	57

Ngā kaihaina

Signatories

Authors

Donna Cooper - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

Proposal for French Bay Esplanade Reserve, 52 Valley Road, Titirangi

File No.: CP2020/17816

Te take mō te pūrongo

Purpose of the report

1. To receive the Settlement Agreement dated 14 October 2020 between Auckland Council and the French Bay Yacht Club Incorporated and request staff to commence the lease process with the club.

Whakarāpopototanga matua

Executive summary

2. In May 2017 the French Bay Yacht Club placed Auckland Council on notice that it disputed the validity of its current 2010 lease from council. The club instead claimed to have certain rights pursuant to a 1983 proposal from the Auckland Harbour Board.

3. The council did not accept the club’s position and agreement could not be reached.

4. The club filed High Court proceedings in November 2017 to seek declarations in favour of its claim.

5. The parties attended mediation in July 2020 and a Settlement Agreement was executed in October 2020.

6. This report recommends that the Waitākere Ranges Local Board receive the Settlement Agreement dated 14 October 2020 between Auckland Council and the French Bay Yacht Club Incorporated and request staff to commence the lease process with the club.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) receive the Settlement Agreement dated 14 October 2020 between Auckland Council and the French Bay Yacht Club Incorporated.

b) request staff commence the lease process for the French Bay Yacht Club Incorporated, in accordance with the Settlement Agreement, to occupy part of French Bay Esplanade Reserve, 52 Valley Road, Titirangi and to report back to the board for the final decision on the lease.

Horopaki

Context

7. This report considers the Settlement Agreement dated 14 October 2020 between Auckland Council and the French Bay Yacht Club Incorporated (Attachment A – Settlement Agreement).

8. On 29 November 2017 the club filed proceedings in the High Court against Auckland Council in respect of purported rights over certain portions of the French Bay Esplanade Reserve, Titirangi. The Settlement Agreement records the terms by which the parties agree to settle that dispute.

9. Auckland Council owns the land comprising the French Bay Esplanade Reserve located at 52 Valley Road, Titirangi. The land is classified as a recreation reserve and is held under the Reserves Act 1977.

10. Since 1956 the club has operated a sailing club from the reserve, pursuant to various leases, licences and permits from Auckland Harbour Board and councils.

11. In 1961, 1964 and 1973 the club was granted permission to reclaim land at French Bay.

12. In 1983 the Auckland Harbour Board proposed terms for a new lease for the club and certain priority rights for use of the reserve. The parties did not reach agreement and no lease or licence was executed.

13. In 1985 the reclaimed land was vested in the Waitemata City Council by the Auckland Harbour Board. The land became part of the French Bay Esplanade Reserve.

14. In 2010 Auckland Council granted a new lease to the club for the footprints of its existing clubhouse and boatshed for a term of ten years with one right of renewal for five years; final expiry 31 July 2025.

15. Between 2010 and 2017 the Waitākere Ranges Local Board received requests from other user groups to establish operations from the reserve. Various investigations were undertaken by the user groups.

16. At a workshop in November 2016 the local board requested staff investigate options for locating an additional community group within the reserve.

17. In March 2017 staff facilitated an onsite discussion between the club and an additional community group.

18. In May 2017 the club placed the council on notice that it was considering legal proceedings to enforce purported rights arising from the 1983 proposal from the Auckland Harbour Board.

19. The council did not accept the club’s position, relying instead on the current 2010 lease.

20. On 29 November 2017 the club filed proceedings in the High Court seeking declarations that:

a) the 1983 proposal from the Auckland Harbour Board was a binding agreement between the parties: and

b) the 1983 proposal should be given effect and lease documentation completed: and

c) the 2010 lease was entered into by common mistake and not valid.

21. The council’s position was that it did not grant, and was not bound to grant, the club the rights set out in the 1983 proposal because:

a) there was no agreement on the essential terms of any lease or licence; and

b) there was no intention to be bound until formal documentation was agreed and executed.

22. Alternatively, if the council did grant (or was bound to grant) the club the rights set out in the 1983 proposal any such agreement was not enforceable because:

a) statutory requirements were not satisfied, and a remedy based on part performance was not available; and

b) any agreement was extinguished when the club and the council entered into the 2010 lease. Even if the club’s claim was correct that the 2010 lease was entered into by mistake, the club’s claim was barred by the Limitation Act 1950.

c) the council would not have agreed to any renewal of those rights after 31 July 2016.

23. In a workshop in February 2020 the local board requested that staff seek to resolve the dispute through mediation. Mediation was offered and the club agreed to attend.

24. An independent mediator facilitated a mediation between the club and council in July 2020, during which the parties agreed in-principle to settle the dispute. Settlement on-the-day was not possible due to lease approval processes which the council is required by law to follow.

25. Terms agreed in mediation were drafted into a Settlement Agreement which was executed on 14 October 2020.

Tātaritanga me ngā tohutohu

Analysis and advice

26. Notwithstanding the technical legal arguments, the central issue in dispute was whether or not the club held any rights granting it priority use over the reserve. This was the primary focus of the mediation.

27. Discussions between parties during mediation remain confidential according to the terms of the mediation agreement.

Settlement Agreement

28. The Settlement Agreement is not confidential.

29. In summary, the terms of the Settlement Agreement are as follows:

a. Auckland Council will recommend and seek approval for:

1. A new lease of the clubhouse land in two equal terms with final expiry on 20 July 2046, on the council's standard terms with rent of $1 per annum.

2. A new lease of the boatshed land in two equal terms with final expiry on 20 July 2046, on the council's standard terms (except for an early termination clause) with rent of $1 per annum.

b. Upon approval of the above leases the club will surrender its current 2010 lease.

c. Regarding Reclamation B (the land immediately inshore from the rigging deck):

1. The council will agree not to build on this area for the term of the new clubhouse lease.

2. The club will agree to maintain this area for the term of the new clubhouse lease.

d. Regarding Reclamation A (the most southerly reclamation) no new or priority rights were agreed. The council will retain its ability to administer the reserve in the public interest. The club will be entitled to continue using the reserve under public right of access.

e. The club will seek a stay (or appropriate adjournment) of the proceedings and discontinue once the new leases are granted.

f. The Settlement Agreement will be conditional upon:

1. The High Court granting a stay (or appropriate adjournment) of the proceedings; and

2. The grant of new leases receiving all necessary approvals; mana whenua, local board, any other legal requirements in force at the relevant time.

Alignment with coastal permits

30. The clubhouse is located partially on the reserve (approximately one third of the building footprint) and partially in the coastal marine area (the remaining two thirds of the footprint). The club holds a coastal permit for that part of the clubhouse in the coastal marine area, which will expire on 20 July 2046.

31. Directly adjacent to the clubhouse in the coastal marine area, the club has erected a rigging deck. The club holds a coastal permit for the rigging deck which will expire on 20 July 2046.

32. The two new leases in the Settlement Agreement (referred to in paragraph 29a)) will have terms which align with the expiry of the club’s coastal permits.

Alignment with Community Occupancy Guidelines

33. Aligning the club’s new leases with the coastal permits produces an outcome substantively similar to the lease arrangements which would occur through the normal operation of Auckland Council’s Community Occupancy Guidelines.

34. The club’s existing 2010 lease has a final expiry date of 31 July 2025.

35. Auckland Council’s Community Occupancy Guidelines state that where a tenant owns its buildings on a reserve, upon expiry of its lease the tenant will be automatically entitled to apply for a new lease and provided that:

a. the council does not require the land for another purpose; and,

b. the tenant is delivering community benefit; and,

c. the tenant is not in breach of its lease conditions,

a new lease can be negotiated. The standard term for a community lease is ten years plus one right of renewal of ten years.

36. Council staff are satisfied that the land is not currently required for another purpose.

37. The club owns its buildings on the reserve and meets the above conditions. It would therefore be eligible upon expiry of its current lease on 31 July 2025 to seek a new lease for the standard term (10yrs + 10yrs) with a final expiry date of 31 July 2045.

Early termination clause

38. Council staff consider that the location of the boatshed limits the potential for other community groups to become established on the reserve in future.

39. The Settlement Agreement states that the new lease for the boatshed will include an early termination clause allowing either party to terminate on 12 months’ notice.

40. If council invokes the early termination clause to remove the existing boatshed then it will ensure that a comparable boatshed is provided for the club in compensation. This arrangement safeguards the club’s ability to continue its sailing activities, while also retaining the council’s ability to change the allocation of space in the reserve should this in future be deemed to be in the public interest.

Reclamations

41. The commitment by council not to build on Reclamation B ensures clear access to the club’s rigging deck. Council staff consider this acceptable in the interests of maintaining functional open spaces in the reserve.

42. The remainder of the reserve including Reclamation A will be administered by the council according to the applicable legal and policy requirements in effect at the relevant time. In particular, the club has no exclusive, priority or veto rights over the reserve or the management of the reserve. However, the club will continue to enjoy use of the reserve under public right of access. This arrangement safeguards the club’s ability to continue its sailing activities, while also retaining the council’s ability to administer the reserve in the public interest.

43. The Settlement Agreement supports the continued operation of the club in French Bay, aligns the club’s lease tenure for the clubhouse and boatshed land with its coastal permit in a manner broadly consistent with the Community Occupancy Guidelines, while retaining the council’s powers to administer the reserve without undue constraint, including allowing other community groups to become established in the reserve if in future this is deemed to be in the public interest.

Tauākī whakaaweawe āhuarangi

Climate impact statement

44. The receiving of the Settlement Agreement and requesting staff to commence the lease process has no climate impact.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

45. The proposal has no identified impact on other parts of the council group. The views of the council-controlled organisations were not required for the preparation of advice in this report.

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

Local impacts and local board views

46. A workshop was held with the Waitākere Ranges Local Board on 12 November 2020 to update the Board on the mediation outcomes.

Tauākī whakaaweawe Māori

Māori impact statement

47. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

48. Under the terms of the Settlement Agreement engagement with mana whenua will take place during the lease process.

Ngā ritenga ā-pūtea

Financial implications

49. There are no cost implications with the recommendation to receive the settlement agreement and for the lease process to commence.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

50. There is a risk that the club may decide to return to the High Court in order to pursue its claims, if it considers that the process outlined in the Settlement Agreement is not adhered to by the council. This would lead to increased legal costs being incurred by the council. The risk is low and will be mitigated by the observing the terms of the agreement.

Ngā koringa ā-muri

Next steps

51. Council staff to engage with the club to commence the lease process and report back to the local board.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Settlement Agreement 14 October 2020	67

Ngā kaihaina

Signatories

Authors

Nick Harris - Sport & Recreation Team Lead

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

Auckland Council’s Performance Report: Waitākere Ranges Local Board for July to October 2020

File No.: CP2020/18820

Te take mō te pūrongo

Purpose of the report

1. To provide the Waitākere Ranges Local Board with an integrated performance report for July to October 2020.

Whakarāpopototanga matua

Executive summary

2. This report includes financial performance, progress against work programmes, key challenges the board should be aware of and any risks to delivery against the 2020/2021 work programme.

3. All operating departments with agreed work programmes have provided an Waitākere Ranges update against their work programme delivery (see Attachment A). Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed) or grey (cancelled, deferred or merged). There is one activity with a red status for this period.

4. The financial performance report compared to budget 2020/2021 is attached (Attachment B), and the headlines are that capital investment for the period was $144,000 and net operational cost of service was $3.0 million.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) receive the performance report for July to October 2020.

Horopaki

Context

5. The Waitākere Ranges Local Board has an approved 2020/2021 work programme for the following operating departments:

· Arts, Community and Events;

· Parks, Sport and Recreation;

· Libraries and Information;

· Community Facilities: Build Maintain Renew;

· Community Leases;

· Infrastructure and Environmental Services;

· Plans and Places;

· The West Worx;

6. The graph below shows how the work programme activities meet Local Board Plan outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph.

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

7. The graph below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber), and activities that have significant issues (red) and activities that have been cancelled/deferred/merged (grey).

Graph 2: Work programme by RAG status

8. The graph below shows the activity status of activities which shows the stage of the activity in each departments the work programmes. The number of activity lines differ by department as approved in the local board work programmes.

Graph 3: Work programme by activity status and department

Key activity updates

9. In this reporting period a majority of projects are ‘in progress’.

Activities with significant issues

10. There is one activity with a red status for this period. This is:

· 2333: Waitākere Quarry service outcomes plan – to develop a plan for appropriate parks services to be provided in the future development of the Waitākere Quarry site as a local park.

Research and investigation are taking place.

Activities on hold

11. The following work programme activities have been identified by operating departments as on hold as at 31 October 2020:

· 2261: Kay Road Bale Fill Project Support – to support the closed landfill team to rehabilitate the Kay Road Bale Fill site including consultation with public and iwi to finalise the future outcomes.

This project is awaiting direction from the Closed Landfill Team on possible implications of leachate issues at the site. There will be a workshop with the local board before March 2021 to update the situation and agree next steps.

· 1230: Operational grant for Shadbolt House – fund the establishment and set-up costs of a writers' centre at Shadbolt House, 35 Arapito Road.

The 2020/2021 funding agreement has not been administered for two reasons. First, the delivery of the 2019/2020 project is still underway. Two, interrelated decisions on maintenance and leasing are due to be made prior to releasing this operational funding. The 2019/2020 project is a series of oral histories recorded of Shadbolt's contemporaries is underway. The histories of four interviewees will be recorded this summer. They are Sean Shadbolt, David Ling, Lucy Treep and Kevin Ireland.

Changes to the local board work programme

12. There are a number of changes to the Community Facilities work programme. They are addressed separately in report number CP2020/17355 entitled Changes to Community Facilities Work Programme 2020-2023, which is also on the agenda of the 10 December 2020 Waitākere Ranges Local Board Business Meeting.

Additions to the local board work programme

13. The following was allocated in November 2020 using the Community Response Fund:

· 2338: Community Response Fund – a discretionary fund to respond to community issues as they arise during the year: $500 towards the cost of an event recognising and celebrating Naomi McCleary’s contribution to the arts in West Auckland, and her recent Queen’s Service Medal for services to the arts.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14. Receiving performance monitoring reports will not result in any identifiable changes to greenhouse gas emissions.

15. Work programmes were approved in August 2020 and delivery is underway. Should significant changes to any projects be required, climate change impacts will be assessed as part of the relevant reporting requirements. Any changes to the timing of approved projects are unlikely to result in changes to emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16. When developing the work programmes council group impacts and views are presented to the boards. As this is an information only report there are no further impacts identified.

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

Local impacts and local board views

17. This report informs the Waitākere Ranges Local Board of the performance for July to October 2020.

Tauākī whakaaweawe Māori

Māori impact statement

18. The following projects contain a specific approach to progressing Māori responsiveness through the local board work programme.

· 1237: Build youth capacity – fund youth service providers and youth groups to run initiatives with young people that support leadership development, civic engagement, pathways to learning and employment, and environmental awareness. This includes projects led by Te Kura Kaupapa Māori o Hoani Waititi Marae. Fund events and place-making activations that are led and delivered by young people. Support activities of the Glen Eden Youth Providers Network.

· 1241: Māori Responsiveness: Kaiwhakaawe (Māori broker) and Māori-led engagement – support the Kaiwhakaawe to strengthen relationships with Māori, respond to key aspirations and deliver Māori outcomes. Contribute funding to the Kaiwhakaawe role based at Hoani Waititi Marae, and to activities that build relationships across West Auckland Māori communities.

· 1499: Whakatipu i te reo Māori. Libraries grow the Māori language, celebrating te ao Māori and strengthening responsiveness to Māori:

o Champion and embed te reo Māori in everyday communication.

o Celebrate and promote te ao Māori through events and programmes including regionally coordinated and promoted programmes: Te Tiriti o Waitangi, Matariki and Te Wiki o te Reo Māori.

o Seek opportunities to engage with local Iwi and mana whenua to collaborate on initiatives.

· 1258: Matariki at Arataki (Regional Parks) – contribution toward a Matariki event.

· 1258 Waitangi at Waititi (Te Whanau O Waipareira Trust) – contribution towards a Waitangi Day event.

· 2007: Māori Responsiveness: Mana whenua engagement – support and fund regular operational hui with Te Kawerau Iwi Tribal Authority to strengthen relationships with iwi, respond to key aspirations and deliver Māori outcomes. Support and fund involvement of mana whenua in community-led projects to deliver Māori outcomes in areas of priority for iwi.

· 2204: Community Arts Programme, Develop and support art activities and initiatives to be delivered in Glen Eden that activate local spaces and engage the community as participants and audience – Glen Eden Matariki Festival event.

· 2260: Te Kete Rukuruku (Māori naming of parks and places), tranche one – Māori naming (and associated story telling) of parks and places in partnership with mana whenua to value and promote Auckland’s Māori identity and use of te reo Māori.

· 3355: Sunvue Park, develop cultural park features – a project which engages with locally based Maori youth to facilitate the design and installation of cultural features in Sunvue Park. 2020/2021 investigation and design (working with students); 2021/2022 physical works.

Ngā ritenga ā-pūtea

Financial implications

19. This report is provided to enable the Waitākere Ranges Local Board to monitor the organisation’s progress and performance in delivering the 2020/2021 work programmes. There are no financial implications associated with this report.

Financial Performance

20. The financial performance report compared to budget 2020/2021 is attached (attachment B). There are some points for the local board to note:

· Waitākere Ranges Local Board capital investment for the period was $144,000 and net operational cost of service was $3.0 million.

· Operating expenditure of $3.3 million is ten per cent below budget. The main driver being timing of governance cost allocations and lower support /maintenance costs of facilities which were impacted by COVID-19 restrictions during the period.

· Operating revenue of $245,000 was above budget by 32 per cent, mainly due to rentals on leased assets received ahead of plan.

· Capital expenditure was 58 per cent below budget for the period to October. Progress on capital works being delayed was partly due to COVID19 restrictions during the period.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

21. While the risk of non-delivery of the entire work programme is rare, the likelihood for risk relating to individual activities does vary. Capital projects for instance, are susceptible to more risk as on-time and on-budget delivery is dependent on weather conditions, approvals (e.g. building consents) and is susceptible to market conditions.

22. Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Activities with significant issues’ section.

Ngā koringa ā-muri

Next steps

23. The local board will receive the next performance update for November 2020 to February 2021.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waitākere Ranges Work Programme Delivery Update	85
b ⇩	Waitākere Ranges Financial Performance Report	127

Ngā kaihaina

Signatories

Authors	Raewyn Curran - Senior Local Board Advisor
Authorisers	Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

Changes to Community Facilities Work Programme 2020-2023

File No.: CP2020/17355

Te take mō te pūrongo

Purpose of the report

1. To seek approval of changes to the Waitākere Ranges Local Board Community Facilities work programme 2020-2023.

Whakarāpopototanga matua

Executive summary

2. The Waitākere Ranges Local Board approved the Community Facilities Work Programme 2020-2023 in August 2020 (resolution WTK/2020/91).

3. As projects progress through the design and delivery process the specific work required and the cost of delivery can change, impacting the approved budget. As a result, variations are required to the work programme to accommodate final costs for some projects.

4. Staff have identified one project which has costs that are less than the approved renewals funding allocation in the 2020/2021 financial year.

i) ID 24444 Titirangi War Memorial Hall - renew all curtains (SP ID 3000)

5. Two projects will be included in the Risk Adjusted Programme to enable early delivery:

i) ID 18086 Huia Domain - renew park roading and car park (SP ID 2528)

ii) ID 24357 Nicolas Reserve - renew playground and park furniture (SP ID 2985)

6. Changes are also required to the two Greenways route investigation projects following confirmation of funding requirements to deliver them.

7. The proposed variations are within the local board 2020/2021 financial year budget envelope and will not substantially impact the approved projects or the overall work programme.

8. Staff recommend that the Waitākere Ranges Local Board approve the variations to the Community Facilities Work Programme 2020-2023.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) note the following project savings to be reflected in the Community Facilities 2020-2023 Work Programme:

i) ID 24444 Titirangi War Memorial Hall - renew all curtains – revised project cost for financial year 2020/2021 of $44,400, a saving of $45,600.

b) approve the following projects to be included in the Risk Adjusted Programme reallocation of funding within the Community Facilities 2020-2023 Work Programme:

i) ID 18086 Huia Domain – renew park roading and car park

ii) ID 24357 Nicolas Reserve – renew playground and park furniture

c) approve the deferral of the following Community Facilities 2020-2023 Work Programme projects to the 2021/2022 financial year:

i) ID 28539 Waitākere Ranges Greenways Plan - investigate G3 priority route Ceramco Park.

ii) ID 28537 Waitākere Ranges Greenways Plan - investigate G7 and G8 priority route Existing Savoy Road Shared Path.

Horopaki

Context

9. The Waitākere Ranges Local Board approved the Community Facilities Work Programme 2020-2023 in August 2020 (Resolution WTK/2020/91). The budget allocated for all projects in the work programme are best estimates and are subject to change.

10. As projects progress, the specific work required and the cost of delivery either exceeds the original estimated budget or the anticipated delivery cost is less than the approved budget. As a result, variations are required to the programme to accommodate final project costs.

2020/2021 Financial Year Variations

11. Staff have identified required changes to the 2020/2021 financial year to ensure delivery of approved projects. One project provides budget savings for reallocation.

12. Two projects have been identified to be included in the Risk Adjusted Programme to provide the potential to begin delivery early, should funding allow this. Two projects are recommended for deferral to begin in the 2021/2022 financial year to lack of sufficient funding.

Tātaritanga me ngā tohutohu

Analysis and advice

Proposed variations

13. Staff recommend variations to the 2020/2021 financial year of the Community Facilities 2020-2023 work programme, as outlined in Table 1 below. The amount of savings will offset the budget shortfalls. The required variations are within the local board renewals budget envelope for the current financial year.

Table 1: Variations required for 2020/2021 financial year

Project ID	Activity Name	Budget variations FY2020/2021	Details
24444	Titirangi War Memorial Hall - renew all curtains	Renewals budget reduction of $45,600 Approved FY20/21 budget $90,000 Revised FY20/21 budget $44,400	During work programme development, project costing is a high-level estimate. The true cost of the project has been determined following the award of the contract for physical works. This resulted in a saving of $45,600.
18086	Huia Domain - renew park roading and car park	Include project in the Risk Adjusted Programme.	If the project is approved for inclusion in the Risk Adjusted Programme (RAP), the project could be delivered early if funding and resources become available.
24357	Nicolas Reserve - renew playground and park furniture	Include project in the Risk Adjusted Programme.	If the project is approved for inclusion in the Risk Adjusted Programme (RAP), the project could be delivered early if funding and resources become available.
28539	Waitākere Ranges Greenways Plan - investigate G3 priority route Ceramco Park.	Watercare mitigation funding reduction of $10,000 Approved FY20/21 budget $10,000 Revised FY20/21 budget $0	The cost of this project is more than approved in the FY20/21 work programme, therefore the project will be included in a future work programme for consideration.
28537	Waitākere Ranges Greenways Plan - investigate G7 and G8 priority route Existing Savoy Road Shared	Watercare mitigation funding reduction of $15,000 Approved FY20/21 budget $15,000 Revised FY20/21 budget $0	The cost of this project is more than approved in the FY20/21 work programme, therefore the project will be included in a future work programme for consideration.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14. The council’s climate goals, as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, are:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050 and

· to prepare the region for the adverse impacts of climate change.

15. The budget variations have no direct effect on climate change. Each project will be considered individually to assess the impacts of climate change and the appropriate approach to reduce greenhouse gas emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16. The decision sought for this report has no direct impact on other parts of the council group. The overall 2020-2023 work programme was developed through a collaborative process by operational council departments, with each department represented in an integrated team.

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

Local impacts and local board views

17. Community facilities and open spaces provide important community services to the people of the local board area. They contribute to building strong, healthy, and vibrant communities by providing spaces where Aucklanders can participate in a wide range of social, cultural, art and recreational activities. These activities improve lifestyles and a sense of belonging and pride amongst residents.

18. The activities in the work programme align with the Waitākere Ranges Local Board Plan 2017 outcomes.

19. The Waitākere Ranges Local Board approved the Community Facilities Work Programme 2020-2023 in August 2020 (Resolution WTK/2020/91).

20. The proposed project budget variations were discussed with the local board at workshops during September and October 2020.

Tauākī whakaaweawe Māori

Māori impact statement

21. Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader obligations to Māori.

22. The projects discussed in this report will benefit Māori and the wider community through the provision of quality facilities and open spaces that promote good health, the fostering of family and community relationships and connection to the natural environment.

23. Where aspects or the work programme are anticipated to have an impact on activity of importance to Māori, then appropriate engagement will be undertaken

Ngā ritenga ā-pūtea

Financial implications

24. Details of the proposed variations are outlined in table 2 below.

Table 2: Financial variations for 2020/2021 Community Facilities work programme

Project	Approved budget	Saving	Increase	Revised budget
#24444 Titirangi War Memorial Hall - renew all curtains	$90,000	$45,600	$0	$44,400
#28539 Waitākere Ranges Greenways Plan - investigate G3 priority route Ceramco Park	$10,000	$10,000	$0	$0
#28537 Waitākere Ranges Greenways Plan - investigate G7 and G8 priority route Existing Savoy Road Shared	$15,000	$15,000	$0	$0
Total variations	$115,000	$70,000	$0	$44,400

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25. The COVID-19 pandemic could have a further negative impact on the delivery of the work programme if the COVID-19 alert level changes.

26. If the proposed variations to the work programme are not approved, there is a risk that the projects identified may not be delivered within the 2020/2021 financial year.

27. If assets are not renewed in a timely way, they may deteriorate further and need to be closed or removed. Staff will continue to monitor the condition of the assets and consider action to be taken in the future.

Ngā koringa ā-muri

Next steps

28. Subject to local board approval, the budget variations will be made to the projects identified in Table 1. Details of the variations will be noted in the Community Facilities quarterly reports to the local board.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Helen Biffin - Work Programme Lead

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

Local board views on Plan Change 53 - Temporary Activities and Pukekohe Park Precinct

File No.: CP2020/16362

Te take mō te pūrongo

Purpose of the report

1. To invite the Waitākere Ranges Local Board to provide its views on Plan Change 53 – Temporary Activities and Pukekohe Park Precinct, a council-initiated plan change.

Whakarāpopototanga matua

Executive summary

2. Decision-makers on a plan change to the Auckland Unitary Plan must consider local boards’ views on the plan change, if the relevant local boards choose to provide their views.

3. Each local board has a responsibility to communicate the interests and preferences of people in its area on Auckland Council policy documents, including plan changes. A local board can present local views and preferences when expressed by the whole local board.^{^[1]}

4. Auckland Council notified proposed Plan Change 53 – Temporary Activities and Pukekohe Park Precinct on 24 September 2020. Submissions closed on 20 October 2020. The plan change proposes to change the Auckland Unitary Plan by enabling an increase in the number of temporary activities able to be undertaken as permitted activities in the following manner.

a) Requiring a traffic management plan (as a permitted activity standard) for an event in a rural or Future Urban zone where more than 500 vehicle movements per day on adjacent roads are generated.

b) Increasing the duration of those temporary activities that are defined as noise events (i.e. they exceed the noise standards for the zone) from six to eight hours.

c) Aligning Anzac Day in the Pukekohe Park precinct to the definition under the Anzac Day Act 1966.

5. Two additional minor changes are proposed to address anomalies - a gap in the coastal temporary activities and a minor wording change to the temporary activities Activity Table.

6. The Auckland Unitary Plan objectives and policies seek to enable temporary activities so that they can contribute to a vibrant city and enhance the well-being of communities. At the same time, it seeks to mitigate adverse effects on amenity values, communities, the natural environment, historic heritage and sites and places of significance to mana whenua. The proposed plan change does not alter these objectives and policies.

7. The critical themes from submissions are:

· removing the lighting of fireworks as a permitted activity from Pukekohe Park precinct

· treating Sundays the same as other days of the week when Anzac Day falls on a Sunday at Pukekohe Park (i.e. an event can occur from 1pm onwards)

· adding the New Zealand Transport Authority to the authorisers of the Transport and Traffic Management Plan (alongside Auckland Transport) where there is potential impact on the state highway network

· support for the plan change in respect of temporary military training activities.

8. No iwi authority has made a submission in support or opposition to the plan change.

9. This report is the mechanism for the local board to resolve and provide its views on Plan Change 53 should it wish to do so. Staff do not recommend what view the local board should convey.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) provide local board views on Plan Change 53 - Temporary Activities and Pukekohe Park precinct.

b) appoint a local board member to speak to the local board views at a hearing on Plan Change 53.

c) delegate authority to the Chair of the Waitākere Ranges Local Board to make a replacement appointment in the event the local board member appointed in resolution b) is unable to attend the plan change hearing.

Horopaki

Context

Decision-making authority

10. Each local board is responsible for communicating the interests and preferences of people in its area regarding the content of Auckland Council’s strategies, policies, plans, and bylaws. Local boards provide their views on the content of these documents. Decision-makers must consider local boards’ views when deciding the content of these policy documents.^{^[2]}

11. If the local board chooses to provide its views, the planner includes those views in the hearing report. Local board views are included in the analysis of the plan change, along with submissions.

12. If appointed by resolution, local board members may present the local board’s views at the hearing to commissioners, who decide on the plan change.

13. This report provides an overview of the proposed plan change to the Auckland Unitary Plan (AUP), and a summary of submissions’ key themes.

14. The report does not recommend what the local board should convey, if the local board conveys its views on plan change 53. The planner must include any local board views in the evaluation of the plan change. The planner cannot advise the local board as to what its views should be, and then evaluate those views.

Tātaritanga me ngā tohutohu

Analysis and advice

Plan change overview

15. The temporary activities plan change applies to the Auckland region and one specific change applies to the Pukekohe Park precinct.

16. The purpose of proposed Plan Change 53 – Temporary Activities and Pukekohe Park Precinct is to:

· reduce some of the compliance costs associated with temporary activities. This is in respect of the duration of noise events, the requirement for a resource consent to address traffic management issues for events in rural areas and the interpretation of Anzac Day in relation to the Pukekohe Park precinct

· address two discrepancies in the temporary activity standards – one in the Activity Table (E40.4.1) and a gap in the coastal temporary activity provisions (E25.6.14).

17. The Section 32 Report and details of the plan change are available from the council’s website at PlanChange53. The council’s planner, and other experts, will evaluate and report on:

· the Section 32 Report that accompanies the plan change

· submissions

· the views and preferences of the local board, if the local board passes a resolution.

Themes from submissions received

18. Key submission themes are listed below.

· Removing the lighting of fireworks as a permitted activity from Pukekohe Park.

· Treating Sundays the same as other days of the week when Anzac Day falls on a Sunday at Pukekohe Park (i.e. an event can occur from 1pm onwards).

· Adding NZTA (New Zealand Transport Authority) to the authorisers of the Transport and Traffic Management Plan (alongside Auckland Transport) where there is potential impact on the state highway network, and

· Support for the plan change in respect of temporary military training activities.

19. Submissions were made by four people/organisations:

Table 1: Submissions received on plan change 53

Submissions	Number of submissions
In support	1
In support but requesting change(s)	3
In opposition	0
Neutral	0
Total	4

20. Information on individual submissions, and the summary of all decisions requested by submitters, is available from the council’s website: PlanChange53.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21. There were no submissions that raised specific climate concerns.

22. The council’s climate goals as set out in Te Taruke-a-Tawhiri: Auckland’s Climate Plan are:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050

· to prepare the region for the adverse impacts of climate change.

23. The local board could consider if the plan change:

· will reduce, increase or have no effect on Auckland’s overall greenhouse gas emissions (e.g. does it encourage car dependency, enhance connections to public transit, walking and cycling or support quality compact urban form)

· prepares the region for the adverse impacts of climate change; that is, does the proposed plan change elevate or alleviate climate risks (e.g. flooding, coastal and storm inundation, urban heat effect, stress on infrastructure).

24. The propose changes to the temporary activity standards and the Pukekohe Park precinct are neutral in terms of climate change impacts.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25. Auckland Transport and ATEED will review relevant submissions and provide expert input to the hearing report.

26. ATEED made a submission and the key matter raised is the need to treat Sundays the same as other days of the week when Anzac Day falls on a Sunday at Pukekohe Park (i.e. an event can occur from 1pm onwards).

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

Local impacts and local board views

27. The plan change affects Auckland-wide provisions and will therefore affect all local boards.

28. Factors the local board may wish to consider in formulating its view:

· interests and preferences of people in the local board area

· well-being of communities within the local board area

· local board documents, such as the local board plan or the local board agreement

· responsibilities and operation of the local board.

29. On 17 July 2020, a memo was sent to all local boards outlining the proposed changes, the rationale for them and the likely plan change timeframes.^{^[3]}

30. This report is the mechanism for obtaining formal local board views. The decision-maker will consider local board views, if provided, when deciding on the plan change.

Tauākī whakaaweawe Māori

Māori impact statement

31. If the local board chooses to provide its views on the plan change it may also comment on matters that may be of interest or importance to Māori, well-being of Māori communities or Te Ao Māori (Māori worldview).

32. Plans and Places consulted with all iwi authorities when it prepared the plan change. On 14 July 2020, a memorandum outlining the draft proposed plan change was sent to all Auckland’s 19 mana whenua entities as required under the Resource Management Act. Consultation has also been undertaken with the Independent Māori Statutory Board. Responses were received from Ngāti Whātua Waitākere Ranges and Ngai Tai ki Tamaki.

33. Ngāti Whātua Waitākere Ranges had no concerns with the proposed changes and did not need to engage further. Ngai Tai ki Tamaki advised that a potential concern is the Marine and Coastal Area Act – Takutai Moana claims and legal processes. The proposed changes however do not impact on the activities able to be undertaken in the coastal marine area. They address a gap in the noise standards for the coastal marine area.

34. No iwi authorities made a formal submission.

35. The hearing report will include analysis of Part 2 of the Resource Management Act, which requires that all persons exercising RMA functions shall take into account the principles of the Treaty of Waitangi/Te Tiriti o Waitangi.^{^[4]} The plan change does not trigger an issue of significance as identified in the Schedule of Issues of Significance and Māori Plan 2017.^{^[5]}

Ngā ritenga ā-pūtea

Financial implications

36. The proposed plan change involves changes to some of the standards for temporary activities and the Pukekohe Park precinct in the AUP. This will make it easier and less expensive for event organisers from a resource management perspective – i.e. they may not need a resource consent.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

37. There is a risk that the local board will be unable to provide its views and preferences on the plan change, if it doesn’t pass a resolution. This report provides:

· the mechanism for the Waitākere Ranges Local Board to express its views and preferences if it so wishes; and

· the opportunity for a local board member to speak at a hearing.

38. If the local board chooses not to pass a resolution at this business meeting, these opportunities are forgone.

39. The power to provide local board views regarding the content of a plan change cannot be delegated to individual local board member(s). This report enables the whole local board to decide whether to provide its views and, if so, to determine what matters those views should include.

Ngā koringa ā-muri

Next steps

40. The planner will include, and report on, any resolution of the local board in the Section 42A hearing report. The local board member appointed to speak to the local board’s views will be informed of the hearing date and invited to the hearing for that purpose.

41. The planner will advise the local board of the decision on the plan change request by memorandum.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Tony Reidy - Team Leader Planning

Authorisers

John Duguid - General Manager - Plans and Places

Adam Milina - Local Area Manager

Waitākere Ranges Local Board

10 December 2020

New road name in the F&P Dream Homes Limited subdivision for 102, 102A & 104 Rosier Road, Glen Eden

File No.: CP2020/18193

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Waitākere Ranges Local Board for a name for a new private road being a Commonly Owned Access Lot created by way of subdivision for 102, 102A & 104 Rosier Road, Glen Eden.

Whakarāpopototanga matua

Executive summary

2. Auckland Council has road naming guidelines that set out the requirements and criteria of the Council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland Region.

3. The agent on behalf of F&P Dream Homes Limited has submitted the following names for the new private road.

Road 1

· Sagittarius Close (applicants preferred name)

· Morihana Close (alternative).

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a) approve the name ‘Sagittarius Close’ for the Commonly Owned Access Lot constructed within the subdivision being undertaken by F&P Dream Homes Limited at 102, 102A & 104 Rosier Road, Glen Eden in accordance with section 319(1)(j) of the Local Government Act 1974.

Horopaki

Context

4. Resource consent has been obtained for a 61-lot subdivision at 102, 102A & 104 Rosier Road, Glen Eden and the council references are BUN60338360 & SUB60338361.

5. A site plan of the road and development can be found in Attachment A.

6. A location map of the proposed development can be found in Attachment B.

7. In accordance with the national addressing standard the private road requires a name as it serves more than 5 lots.

Tātaritanga me ngā tohutohu

Analysis and advice

8. Auckland Council’s road naming criteria typically require that road names reflect:

· A historical or ancestral linkage to an area

· A particular landscape, environment or biodiversity theme or feature

· An existing (or introduced) thematic identity in the area.

9. The use of Māori names is actively encouraged in the guidelines.

10. The applicant has proposed the names set out in the following table:

Proposed New Road Name

Meaning

Road Naming Criteria

Sagittarius Close

(applicants preferred name)

Star sign, theme of road names within the area.

Meets criteria.

Morihana Close

(alternative name)

A specific type of fish, namely goldfish or carp.

Meets criteria.

11. The road names are in keeping with the many star sign related road names such as Pisces Road, Virgo Place and Solar Road, or in relation to the creek running through the site.

12. Land Information New Zealand (LINZ) have confirmed that the proposed and alternative names are acceptable and not duplicated elsewhere in the region.

13. All iwi in the Auckland area were written to and invited to comment.

14. No replies have been received and they have abstained from providing any comment.

15. The proposed names are deemed to meet the council’s road naming guidelines and the officer’s recommendation is to approve the applicant’s choice.

Tauākī whakaaweawe āhuarangi

Climate impact statement

16. The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate impacts on any council groups.

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

Local impacts and local board views

18. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate impact on the community.

Tauākī whakaaweawe Māori

Māori impact statement

19. The naming of roads is linked to the Auckland Plan Outcome “A Māori identity that is Auckland’s point of difference in the world”. The use of Māori names for roads, buildings and other public places is an opportunity to publicly demonstrate Māori identity. To aid Local Board decision making, the ‘Auckland Council Road Naming Guidelines’ includes:

· the objective of recognising ancestral linkages to areas of land by engagement with mana whenua and the allocation of road names as appropriate and a principle that Māori road names are actively encouraged and

· an agreed process to enable mana whenua to provide timely feedback on all proposed road names in a manner they consider appropriate.

20. The road names proposed in this report have been provided to all mana whenua by the applicant for consideration. In this instance no feedback has been received.

Ngā ritenga ā-pūtea

Financial implications

21. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road name.

22. The road naming process does not raise any other financial implications for the Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23. There are no significant risks to council as road naming is a routine part of the subdivision development process with consultation being a key part of the process.

Ngā koringa ā-muri

Next steps

24. Approved road names are notified to Land Information New Zealand which records them on its New Zealand wide land information database which includes street addresses issued by councils.

Ngā tāpirihanga

Attachments