I hereby give notice that an ordinary
meeting of the Governing Body will be held on:
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Date:
Time:
Meeting Room:
Venue:
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Thursday, 25
February 2021
10.00am
Reception
Lounge
Auckland Town Hall
301-305 Queen Street
Auckland
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Tira Kāwana / Governing Body
OPEN AGENDA
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MEMBERSHIP
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Mayor
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Hon Phil Goff, CNZM, JP
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Deputy Mayor
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Deputy Mayor Cr Bill Cashmore
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Councillors
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Cr Josephine Bartley
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Cr Richard Hills
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Cr Dr Cathy Casey
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Cr Tracy Mulholland
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Cr Fa’anana Efeso Collins
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Cr Daniel Newman, JP
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Cr Pippa Coom
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Cr Greg Sayers
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Cr Linda Cooper, JP
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Cr Desley Simpson, JP
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Cr Angela Dalton
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Cr Sharon Stewart, QSM
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Cr Chris Darby
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Cr Wayne Walker
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Cr Alf Filipaina
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Cr John Watson
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Cr Christine Fletcher, QSO
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Cr Paul Young
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Cr Shane Henderson
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(Quorum 11 members)
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Sarndra O'Toole
Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
19 February 2021
Contact Telephone: (09) 890 8152
Email: sarndra.otoole@aucklandcouncil.govt.nz
Website: www.aucklandcouncil.govt.nz
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Terms of Reference
Those powers
which cannot legally be delegated:
(a) the
power to make a rate
(b) the
power to make a bylaw
(c) the
power to borrow money, or purchase or dispose of assets, other than in
accordance with the Long-Term Plan
(d) the
power to adopt a long-term plan, annual plan, or annual report
(e) the
power to appoint a chief executive
(f) the
power to adopt policies required to be adopted and consulted on under the Local
Government Act 2002 in association with the long-term plan or developed for the
purpose of the local governance statement
(g) the
power to adopt a remuneration and employment policy
Additional responsibilities retained by the Governing Body:
(h) approval
of long-term plan or annual plan consultation documents, supporting information
and consultation process prior to consultation
(i) approval
of a draft bylaw prior to consultation
(j) resolutions
required to be made by a local authority under the Local Electoral Act 2001,
including the appointment of electoral officer
(k) adoption
of, and amendment to, the Committee Terms of Reference, Standing Orders and
Code of Conduct
(l) relationships
with the Independent Māori Statutory Board, including the funding
agreement and appointments to committees
(m) overview
of and decisions relating to any CCO review including the implementation of any
resulting changes to CCOs
(n) oversight of
work programmes of all committees of the governing body.
Exclusion of the
public – who needs to leave the meeting
Members of the public
All members of the public must leave the
meeting when the public are excluded unless a resolution is passed permitting a
person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
·
Access to confidential information is managed on a “need to
know” basis where access to the information is required in order for a
person to perform their role.
·
Those who are not members of the meeting (see list below) must
leave unless it is necessary for them to remain and hear the debate in order to
perform their role.
·
Those who need to be present for one confidential item can remain
only for that item and must leave the room for any other confidential items.
·
In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
·
The members of the meeting remain (all Governing Body members if
the meeting is a Governing Body meeting; all members of the committee if the
meeting is a committee meeting).
·
However, standing orders require that a councillor who has a
pecuniary conflict of interest leave the room.
·
All councillors have the right to attend any meeting of a
committee and councillors who are not members of a committee may remain,
subject to any limitations in standing orders.
Independent Māori Statutory Board
·
Members of the Independent Māori
Statutory Board who are appointed members of the committee remain.
·
Independent Māori Statutory Board
members and staff remain if this is necessary in order for them to perform
their role.
Staff
·
All staff supporting the meeting (administrative, senior management)
remain.
·
Other staff who need to because of their role may remain.
Local Board members
·
Local Board members who need to hear the matter being discussed
in order to perform their role may remain. This will usually be if the
matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
·
Representatives of a Council Controlled Organisation can remain
only if required to for discussion of a matter relevant to the Council Controlled
Organisation.
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Governing Body
25 February
2021
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ITEM TABLE OF
CONTENTS PAGE
1 Affirmation 7
2 Apologies 7
3 Declaration of
Interest 7
4 Confirmation
of Minutes 7
5 Petitions 7
6 Public Input 7
7 Local Board
Input 7
7.1 Local Board Input: Waiheke Local Board -
Waiheke Rāhui by Ngāti Paoa 8
8 Extraordinary
Business 8
9 Auckland War
Memorial Museum Quarter 2 report 2020/2021 and council submission on draft
Annual Plan 2021/2022 9
10 Cemeteries and Crematoria
Bylaw 2014: Bylaw Panel report 29
11 Recommendation from the
Regulatory Committee - Proposal to amend the Water Supply and Wastewater Network
Bylaw 2015 51
12 Waiheke Rāhui by
Ngāti Paoa 53
13 Summary of Governing Body
information memoranda, workshops and briefings (including the Forward Work
Programme) - 25 February 2021 63
14 Consideration
of Extraordinary Items
His Worship the
Mayor will read the affirmation.
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.
4 Confirmation
of Minutes
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That the Governing Body:
a)
confirm the ordinary minutes of its meeting,
held on Thursday, 17 December 2020 and the
extraordinary minutes of its meeting, held on Thursday, 18 February 2021, as
a true and correct record.
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5 Petitions
At the close of
the agenda no requests to present petitions had been received.
6 Public
Input
Standing Order
7.7 provides for Public Input. Applications to speak must be made to the
Governance Advisor, in writing, no later than one (1) clear working day
prior to the meeting and must include the subject matter. The meeting
Chairperson has the discretion to decline any application that does not meet
the requirements of Standing Orders. A maximum of thirty (30) minutes
is allocated to the period for public input with five (5) minutes
speaking time for each speaker.
At the close of
the agenda no requests for public input had been received.
7 Local
Board Input
Standing Order
6.2 provides for Local Board Input. The Chairperson (or nominee of that
Chairperson) is entitled to speak for up to five (5) minutes during this
time. The Chairperson of the Local Board (or nominee of that Chairperson)
shall wherever practical, give one (1) day’s notice of their wish
to speak. The meeting Chairperson has the discretion to decline any
application that does not meet the requirements of Standing Orders.
This right is
in addition to the right under Standing Order 6.1 to speak to matters on the
agenda.
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7.1 Local
Board Input: Waiheke Local Board - Waiheke Rāhui by Ngāti
Paoa
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Te take mō te pūrongo
Purpose
of the report
1. The
Chair of the Waiheke Local Board, Cath Handley will address the Governing
Body regarding the Waiheke Rāhui by Ngāti Paoa.
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Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) receive
the Waiheke Local Board input regarding the Waiheke
Rāhui by Ngāti Paoa and thank Chair Cath Handley for her
attendance.
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8 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.”
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Governing Body
25 February
2021
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Auckland
War Memorial Museum Quarter 2 report 2020/2021 and council submission on draft
Annual Plan 2021/2022
File No.: CP2021/00845
Te take mō te
pūrongo
Purpose of the report
1. To
provide a copy of the Auckland War Memorial Museum second quarter report
2020/2021.
2. To
provide a copy of Auckland Council’s submission on the Museum’s
draft Annual Plan 2021/2022.
Whakarāpopototanga matua
Executive summary
3. As
agreed at the 18 June 2020 Finance and Performance Committee meeting
(FIN/2020/22 c) iv)), the Chair of the Finance and Performance Committee wrote
to the Auckland Museum Board on 2 July 2020 requesting quarterly updates.
4. The
Museum has provided its second quarter report, covering October to December
2020 (Attachment A).
5. Earnt
income for the year to date is $1.82m, which compares favourably to budgeted
revenue of $918,000. Operating expenditure is also higher, as would be expected
with greater than expected visitation. This is a positive outcome.
6. One
risk which is raised is Auckland’s “highly competitive”
leisure market and cultural landscape in the summer period (p.3 of Attachment
A). It would be preferable if the Museum was strategically collaborating with
or leveraging off other council-funded sporting and cultural activities,
instead of competing against and seeing them as a risk to achieving its
priorities.
7. The
2020 CCO Review made the point that council should seek greater integration of
the Museum with its other funded organisations (such as Auckland Unlimited),
and this is a good example of why this remains an important goal.
8. Public
consultation recently took place on the Museum’s draft Annual Plan
2021/2022. Auckland Council’s submission on the draft Plan is attached
for information (Attachment B).
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note the
Auckland War Memorial Museum Quarter 2 2020/2021 report.
b) note
council’s submission on the Museum’s draft Annual Plan 2021/2022.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Auckland War Memorial Museum Quarter 2 report
2020/2021
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11
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b⇩
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Auckland Council submission on Auckland Museum draft
Annual Plan 2021/2022
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25
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Ngā kaihaina
Signatories
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Author
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Edward Siddle - Principal Advisor
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Authorisers
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Alastair Cameron - Manager - CCO Governance &
External Partnerships
Phil Wilson - Governance Director
Jim Stabback - Chief Executive
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Governing Body
25 February
2021
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Governing Body
25 February
2021
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Governing Body
25 February
2021
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Cemeteries and Crematoria Bylaw 2014:
Bylaw Panel report
File No.: CP2021/00773
Te take mō te
pūrongo
Purpose of the report
1. To adopt
changes to Te Ture ā-Rohe mo ngā Wāhi Tapu me ngā Whare
Tahu Tupāpaku / the Cemeteries and Crematoria Bylaw 2014.
Whakarāpopototanga matua
Executive summary
2. To
enable a decision on whether to adopt proposed changes to the Cemeteries and
Crematoria Bylaw 2014, a Bylaw Panel has made recommendations on public
feedback.
3. The
proposal seeks to clarify the Bylaw wording to make it easier to read,
understand and comply with. The Bylaw continues to provide a framework that
manages activities at council cemeteries and crematoria by enabling council to
make rules in a separate Cemeteries and Crematoria Code of Practice.
4. The Governing Body adopted the proposal for public
consultation on 24 September 2020. At the close of public feedback on 13
November 2020, council had received feedback from two people, one at the ‘Have Your Say’ event in
support of the proposal and one in support of ash scattering which is out of
scope to the proposal.
5. The
Bylaw Panel recommends the Governing Body adopt the proposal as publicly
notified with effect from 1 March 2021, as there is no feedback which could
result in changes to the proposal and the amendments do not impact operational
matters.
6. There is
a reputational risk that council is perceived to be irresponsive to feedback in
support of ash scattering. This can be mitigated by communicating to the person
who gave written feedback that ash scattering in council cemeteries and
crematoria is enabled by the existing code of practice (to be reviewed
following a decision on the Bylaw), and that council takes a non-regulatory
approach to ash scattering elsewhere.
7. If
adopted, staff will publicly notify the decision and update the Bylaw when
changes come into force on 1 March 2021.
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) approve
the Bylaw Panel recommendation to adopt the proposed changes to Te Ture
ā-Rohe mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku /
the Cemeteries and Crematoria Bylaw 2014 as publicly notified with effect from
1 March 2021.
b) confirm
that the amended Cemeteries and Crematoria Bylaw 2014 in Attachment A of this
agenda report:
i) is
the most appropriate way to minimise public safety risks, distress, nuisance,
damage to property and heritage, and interference with ground maintenance and
operational activities from the use of council cemeteries and crematoria by the
public and contractors
ii) is
the most appropriate form of bylaw
iii) does
not give rise to any implications under, and is not inconsistent with, the New
Zealand Bill of Rights Act 1990.
c) adopt
the amended Cemeteries and Crematoria Bylaw 2014 in Attachment A of this agenda
report with effect from 1 March 2021.
d) approve
the distribution of this agenda report and associated minutes to local boards
for their information.
e) delegate
authority through the Chief Executive to staff responsible for bylaws to make
any amendments to the Bylaw in Attachment A of this agenda report to correct
errors or omissions.
Horopaki
Context
8. Te Ture ā-Rohe mo ngā Wāhi Tapu me ngā Whare Tahu Tupāpaku /
the Cemeteries and Crematoria Bylaw 2014 (Bylaw) provides a framework
that manages activities at council cemeteries and crematoria by enabling council to make rules in a separate
Cemeteries and Crematoria Code of Practice (Code).
9. This approach helps to minimise public safety risks, distress, nuisance,
damage to property and heritage, and interference with ground maintenance and
operational activities from use of council cemeteries and crematoria by
the public and contractors.
10. The Regulatory Committee on 1 September 2020
approved a proposal to make improvements to the Bylaw following a statutory
review. The committee also appointed a Bylaw Panel[1] to
deliberate and make recommendations to the Governing Body on public feedback (REG/2020/53).
11. The Governing Body on 24 September 2020 approved the proposal
for public consultation (GB/2020/108).
12. The proposal seeks
to clarify the Bylaw wording to make the framework easier to read, understand
and comply with.
13. Public feedback was
not sought on other key aspects of the Bylaw and its implementation that will
remain unchanged, for example:
· the
Bylaw will continue to only regulate council cemeteries and crematoria
· the
ability to make and amend a code will remain
· the
existing Code will continue to apply until separately reviewed following
decisions on the proposed changes to the Bylaw
· the
ability for all local boards and the Governing Body to make decisions about
cemetery development and maintenance will remain.
14. The proposal was
notified for public feedback from 10 October to 13 November 2020. People were
able to provide feedback online in written or verbal form, by email, by phone,
by post, or in person at ‘Have Your Say’ or stakeholder events.
15. Two people had
provided feedback to council by the close of public feedback, one at the
‘Have Your Say’ event and one online.
16. More information
about the proposal, public notification and feedback can be viewed on
council’s have your
say webpage.
Tātaritanga me ngā
tohutohu
Analysis and advice
17. Of the public
feedback received to the proposed changes:
· one
supported the proposal
· the
other related to ash scattering which is out of scope to the proposal.
18. Low public feedback
was expected because the Bylaw establishes the framework and not the rules. The
rules are contained in the Code. Greater interest is expected when the Code is
reviewed. The Code review will commence following decisions on the proposed
changes to the Bylaw as part of the bylaw review work programme.
19. The public feedback
means the proposal can be adopted as publicly notified.
20. The Bylaw Panel on
advice from staff consider however, that the proposed commencement date of the
changes can be brought forward from 1 June 2021 to 1 March. This is because the
proposed changes do not require any time to implement.
Bylaw Panel recommends proposal be adopted with effect from 1
March 2021
21. The Bylaw Panel
recommends that the Governing Body make the necessary statutory determinations
to adopt the proposed amended Bylaw in Attachment A as publicly notified with effect
from 1 March 2021 because:
· there
is no public feedback which could result in changes to the proposal
· the
amendments and earlier commencement date of 1 March (instead of 1 June) do not
impact operational matters and will make the Bylaw framework easier to read,
understand and comply with
· there
are no other matters identified by the Panel requiring consideration
· the
decision will enable the commencement of the review of the rules in the
existing cemeteries and crematoria code of practice.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
22. There
are no implications for climate change arising from this decision.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
23. Units across the
council group involved in cemeteries, crematoria and heritage are aware of the
impacts of the proposal and their implementation role.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
24. Views of the Aotea
/ Great Barrier Local Board were sought in July 2020 on a draft proposal
because the Bylaw impacts local governance.[2]
The local board supported the draft proposal for public consultation
(GBI/2020/66).
25. There was no public
feedback requiring local board consideration.
Tauākī whakaaweawe
Māori
Māori impact statement
26. The
Bylaw has significance for Māori as urupā are wāhi tapu.
27. Mana whenua and
mataawaka were notified of the proposal and given the opportunity to provide
feedback in writing, online and in person. No feedback was received from
individuals identifying as Māori.
Ngā ritenga
ā-pūtea
Financial implications
28. There are no
financial implications arising from this decision as public notification and
implementation costs are provided within existing budgets.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
29. There is a
reputational risk that council is perceived to be irresponsive to feedback in
support of ash scattering. This can be mitigated by communicating to the person
who gave written feedback that ash scattering in council cemeteries and
crematoria is enabled by the existing code of practice (to be reviewed
following a decision on the Bylaw), and that council takes a non-regulatory
approach to ash scattering elsewhere.
Ngā koringa ā-muri
Next steps
30. If adopted, staff
will notify the public and people who gave feedback on the proposal about the
decision and publish changes to the Bylaw when they come into force on 1 March
2021.
Ngā tāpirihanga
Attachments
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No.
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Title
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Page
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a⇩
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Proposed amended Cemeteries and Crematoria Bylaw 2014
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33
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b⇩
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Comparison between existing and proposed amended Bylaw
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43
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Ngā kaihaina
Signatories
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Authors
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Councillor Linda Cooper (Chair)
Councillor Efeso Collins
Independent Māori Statutory Board member Glenn Wilcox
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Governing Body
25 February
2021
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Governing Body
25 February
2021
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|
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Governing Body
25 February
2021
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|
Recommendation from the Regulatory
Committee - Proposal to amend the Water Supply and Wastewater Network Bylaw
2015
File No.: CP2021/00774
Te take mō te
pūrongo
Purpose of the report
1. To
receive recommendations from the Regulatory Committee on the Proposal to amend
the Water Supply and Wastewater Network Bylaw 2015.
Whakarāpopototanga matua
Executive summary
2. At its
meeting on 16 February 2021, the Regulatory Committee considered the item and
resolved as follows:
“Resolution number REG/2021/3 & 4
That the Regulatory Committee:
a) note
that this committee completed the review of the Auckland Council Water Supply
and Wastewater Network Bylaw 2015 in May 2020 and determined that a bylaw is
still the most appropriate way to protect Auckland’s water sources and
water supply and wastewater networks from damage, misuse and interference, but that the bylaw could be improved by making certain amendments
to it.
b) recommend
the Governing Body adopt the Statement of Proposal in Attachment A of this
agenda report for public consultation, and confirm that the proposed amended
Water Supply and Wastewater Network Bylaw 2015:
i) is
the most appropriate form of a bylaw
ii) does
not give rise to any implications under, and is not inconsistent with, the New
Zealand Bill of Rights Act 1990.
c) recommend
the Governing Body forward to the Independent Māori Statutory Board the
Statement of Proposal in clause b) for their advice
d) recommend
the Governing Body forward to local boards this agenda report and attachment
for their information.
e) appoint
a chair and two bylaw panel members selected from the Governing Body, the
Independent Māori Statutory Board and Watercare to attend ‘Have Your
Say’ events to deliberate and make recommendations to the Governing Body
on public feedback to the Statement of Proposal in clause b). Panel
members:
· Governing Body
- Cr Linda Cooper
· Watercare
– panel member to be advised
· Independent Māori
Statutory Board – panel member to be advised
f) delegate
authority to the Regulatory Committee chairperson to make replacement
appointments to the bylaw panel if a panel member is unavailable.
g) delegate
authority through the Chief Executive of Watercare:
i) to
appoint staff to receive public feedback at ‘Have Your Say’ events;
ii) to
make any amendments to the Proposal in clause b) to correct errors, omission or
to reflect decisions made by the Regulatory Committee or the Governing
Body.”
3. The
original report provided to the Regulatory Committee, with attachments, can be
accessed at the following link:
https://infocouncil.aucklandcouncil.govt.nz/Open/2021/02/REG_20210216_AGN_10369_AT.PDF
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) adopt
the Statement of Proposal in Attachment A of this agenda report for public
consultation, and confirm that the proposed amended Water Supply and Wastewater
Network Bylaw 2015:
i) is
the most appropriate form of a bylaw
ii) does
not give rise to any implications under, and is not inconsistent with, the New
Zealand Bill of Rights Act 1990.
b) forward
to the Independent Māori Statutory Board the Statement of Proposal in
clause a) for their advice
c) forward
to local boards this agenda report and attachment for their information.
d) note
that the Regulatory Committee appointed a chair selected from the Governing
Body and two bylaw panel members selected from the Independent Māori
Statutory Board and Watercare to attend ‘Have Your Say’ events to deliberate
and make recommendations to the Governing Body on public feedback to the
Statement of Proposal in clause a). Panel members are as follows:
i) Governing
Body - Cr Linda Cooper
ii) Watercare
– panel member to be advised
iii) Independent
Māori Statutory Board – panel member to be advised
e) note
the delegated authority through the Chief Executive of Watercare:
i) to
appoint staff to receive public feedback at ‘Have Your Say’ events;
ii) to
make any amendments to the Statement of Proposal in clause a) to correct
errors, omission or to reflect decisions made by the Regulatory Committee or
the Governing Body.
Ngā tāpirihanga
Attachments
There are no attachments for
this report.
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Governing Body
25 February
2021
|
|
Waiheke Rāhui by Ngāti Paoa
File No.: CP2021/01123
Te take mō te
pūrongo
Purpose of the report
1. To update the Governing Body on Ngāti
Paoa’s decision to lay a rāhui around Waiheke.
Whakarāpopototanga matua
Executive summary
2. On Sunday 31 January 2021, Ngāti Paoa laid
a rāhui around the motu of Waiheke. A rāhui is a customary practice
to replenish the pātaka kai and restore the mauri of the moana.
3. This rāhui:
a) applies
to the whole island, out to nautical mile (~1.825km)
b) applies
to four species: (1) kōura/crayfish (2) tīpa/scallops (3) pāua
and (4) kūtai/mussels
c) is
for an initial period of 2 years.
4. Attachment A contains Ngāti Paoa’s
media release announcing the rāhui.
5. Ngāti Paoa contemporaneously filed an
application under s186a of the Fisheries Act for consideration of a formal
fishery closure by the Minister of Oceans and Fisheries in respect of those
four species out to 1 nautical mile from the Waiheke coastline. The Ministry of
Primary Industries (MPI) is currently consulting publicly on that with a
closing date for submissions of 22 March.
6. Section 186A of the Fisheries Act 1996 provides that the Minister of
Fisheries may temporarily close an area, or restrict or prohibit certain
fishing methods, for any species of aquatic life, if satisfied that it will
recognise and make provision for the use and management practices of tangata
whenua in the exercise of customary non-commercial fishing rights by:
· either improving the availability or size (or both) of the aquatic
life in question, or
· by recognising a customary fishing practice in that area.
7. In reaching a decision on any application, the Minister is required
to:
· consider the views of representative persons, including tangata
whenua, environmental, commercial, recreational, and local community interests;
and
· provide for the input and participation of tangata whenua (with
non-commercial interests) in the decision-making process, having particular
regard to kaitiakitanga.
8. Fisheries management is the responsibility of Fisheries New Zealand
(Ministry for Primary Industries). Auckland Council is not obliged to make a
submission on fisheries management issues, but may choose to advocate on behalf
of its local community interests. Attachment B contains the letter from
Fisheries New Zealand.
9. On 3 February 2021 the Waiheke Local Board
passed a Notice of Motion (WHK/2021/8) supporting the rāhui and commending the application to MPI.
10. Amongst others, the Notice of Motion also sought “further support and endorsement for Ngati Paoa’s application
for a Rāhui from the Hauraki Gulf Forum, the Governing Body of Auckland
Council and the Mayor, Hon Phil Goff.”
11. Attachment C contains the full set of resolutions of the
Waiheke Local Board.
12. It is noted that Ngāti Hei
subsequently submitted to MPI a s186a application for a fishery closure in
respect of its rāhui for scallops in its rohe on the eastern shores of the
Coromandel. That is now under consideration by MPI as well.
13. Of
interest to the Governing Body, these s186A applications speaks to a broader
concern about a range of pressures on inshore fisheries resources in and
adjacent to the Auckland region, and the need for a more conservative and
responsive approach to both managing fishing activity, and adjacent land
management activities.
14. In
addition to supporting the rāhui, the letter to MPI could call for the central
government response strategy to Sea Change to be made public for wider
socialisation. This will give recognition to work from Fisheries New Zealand
and Department of Conservation officials since 2016 (when the Sea Change plan
was publicly released), in coming up with a more holistic approach to how
fisheries management and marine protection initiatives can be advanced on a
wider geographic scale across the Hauraki Gulf. Auckland Council staff
supporting the Auckland Council Hauraki Gulf Political Reference Group have
long advocated for this Ministerial announcement.
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) tautoko (support) Ngāti Paoa’s
rāhui around the motu of Waiheke.
b) delegate authority to His Worship the Mayor and
the Waitematā ward councillor to write in support of the Fisheries Act
Section 168a Waiheke closure currently being consulted on by the Ministry of
Primary Industries.
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Waiheke Rāhui_Media Release
|
55
|
|
b⇩
|
Fisheries New Zealand letter
|
57
|
|
c⇩
|
Waiheke Local Board resolutions
|
61
|
Ngā kaihaina
Signatories
|
Author
|
Jacques Victor - GM Auckland Plan Strategy and
Research
|
|
Authoriser
|
Megan Tyler - Chief of Strategy
Jim Stabback - Chief Executive
|
|
Governing Body
25 February
2021
|
|
|
Governing Body
25 February 2021
|
|
|
Governing Body
25 February
2021
|
|
|
Governing Body
25 February
2021
|
|
Summary of Governing Body information
memoranda, workshops and briefings (including the Forward Work Programme) - 25
February 2021
File No.: CP2021/00088
Te take mō te
pūrongo
Purpose of the report
1. To note
the progress on the forward work programme appended as Attachment A.
2. To
receive a summary and provide a public record of memoranda, workshop and
briefing papers that may have been held or been distributed to Governing Body
members.
Whakarāpopototanga matua
Executive summary
3. This is
a regular information-only report which aims to provide greater visibility of
information circulated to Governing Body members via memoranda/workshops and
briefings or other means, where no decisions are required.
4. The
following workshops/briefings have taken place:
|
Date
|
Workshop/Briefing
|
|
17/2/21
|
Code of Conduct
|
5. These
documents can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/
o at the top left of the
page, select meeting/Te hui “Governing Body” from the drop-down tab
and click “View”;
o under
‘Attachments’, select either the HTML or PDF version of the
document entitled ‘Extra Attachments’.
6. Note
that, unlike an agenda report, staff will not be present to answer
questions about the items referred to in this summary. Governing
Body members should direct any questions to the authors.
|
Ngā tūtohunga
Recommendation/s
That the Governing Body:
a) note
the progress on the forward work programme appended as Attachment A of the
agenda report
b) receive
the Summary of Governing Body information memoranda, workshops and briefings
– 26 November 2020.
|
Ngā tāpirihanga
Attachments
|
No.
|
Title
|
Page
|
|
a⇩
|
Forward Work Programme
|
65
|
|
b⇩
|
Workshop Notes: Code of Conduct
|
73
|
Ngā kaihaina
Signatories
|
Author
|
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana
Whakahaere / Team Leader Governance Advisors
|
|
Authoriser
|
Jim Stabback - Chief Executive
|
|
Tira
Kāwana / Governing Body
Forward Work Programme 2021
The Governing Body deals with strategy
and policy decision-making that relates to the environmental, social,
economic and cultural activities of Auckland as well as matters that are not
the responsibility of another committee. The full terms of reference can
be found here: Auckland Council Governing Body Terms of
Reference
|
|
Area of work and Lead Department
|
Reason for work
|
Committee role
(decision and/or direction)
|
Expected timeframes
Highlight the month(s) this is expected
to come to committee in 2021
|
|
Jan
|
Feb
|
Mar
|
Apr
|
May
|
Jun
|
Jul
|
Aug
|
Sep
|
Oct
|
Nov
|
Dec
|
|
Americas Cup 2021
|
Locations, infrastructure and funding
|
Decisions to approve locations, infrastructure and
funding
|
As and when required
|
|
|
|
|
|
|
|
|
|
|
Chief Executive’s Performance Objectives
|
The Appointments and Performance Review Committee has
the delegation to recommend performance objectives.
The Governing Body must then consider the
recommendations and make a decision.
|
Decision to approve performance objectives
Progress
to date:
Setting
the Chief Executives 2020/2021 performance objectives – Open Process
Report 26 November 2020
Link to decision
|
|
|
|
|
|
|
|
New Objectives
|
|
Review FY21/22
|
|
|
|
City Rail Link
|
Construction of the City Rail Link in the central city
|
Decisions to approve matter associated with City Rail
Link
Decisions to note any matters raised by the Audit and
Risk Committee about the project
Progress
to date:
Appointments
to board of City Rail Link 25 June 2020
Link to decision open process report
Link to restatement
Report on
shareholder approval of major transaction 27 August 2020
Link to decision
|
As and when required
|
|
Review of council- controlled organisations
|
Overview of and decisions relating to any
council-controlled organisations review including the implementation of any
resulting changes to council-controlled organisations
|
Decision on appointment of a council-controlled
organisations review panel
Consider draft report on the key issues, feedback from
the community and stakeholders
Decision on final report and recommendations
Progress
to date:
11 August
2020 – Confidential Workshop
19 August
2020 – Confidential Workshop
Decision
on the CCO Review 27 August 2020
Link to decision
Report
and proposal to merge Auckland Tourism, Events and Economic Development
(ATEED) and Regional Facilities Auckland (RFA) 27 August 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
10-year Budget (Long-term Plan)
|
Statutory requirement
|
Decision to approve consultation documents, supporting
information and process prior to consultation
Decision to adopt the 10-year Budget (Long-term Plan)
Progress
to date:
Various workshops
being held January 2021 – June 2021
Agree
items for consultation 9 December 2020
Link to decision
Agree
other items for consultation 9 December 2020
Link to decision
Agree
changes to urban rating and rating of farm and lifestyle properties for
consultation 9 December 2020
Link to decision
Agree
other Rates and Fees Issues for consultation 9 December 2020
Link to decision
Agree to consult on Paremoremo Public Transport Targeted
Rate 18 February 2021
Link to decision
Agree to consult on amendments to the Revenue and
Financing Policy 18 February 2021
Link to decision
Adopt
consultation material 18 February 2021
Link to decision
Adopt
Communications and Engagement Plan 18 February 2021
Link to decision
|
|
Consultation documents
|
|
|
|
Adoption
|
|
|
|
|
|
|
|
Annual Report
|
Statutory requirement
|
Decision to adopt the Annual Report
|
|
|
|
|
|
|
|
|
|
Adoption
|
|
|
|
Committee Forward Work
Programmes
|
Responsibility for oversight of work programmes of all
committee of the Governing Body.
|
Decisions to note that all committee have adopted a
forward work programme
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Review of Code of Conduct
|
The experience of working with the current Code of
Conduct indicates that it could be further improved. In particular, it could
be clearer about complaint, investigation and resolution processes, as well
as available sanctions
|
Decision to adopt new Elected Members Code of Conduct
Progress
to date:
Scope of
the Review Report 26 November 2020
Link to decision
|
|
|
|
|
Adoption
|
|
|
|
|
|
|
|
|
Terms of Reference
|
The Terms of Reference enables the governing Body to
delegate to committees those power necessary for them to carry out their
responsibilities to the most efficient and effective levels.
Any changes to the Terms of Reference must be done by
the Governing Body.
|
Decision to adopt the Terms of Reference
Decision to adopt changes to Terms of Reference
Progress
to date:
Terms of
Reference approved November 2019
Link to decision
Terms of
Reference amended to include working parties November 2019
Link to decision
Terms of
Reference amended to include the Emergency Committee March 2020
Link to decision
|
As and when required
|
|
Standing Orders
|
Statutory requirement under
the Local Government Act 2002, Schedule 7, clause 27
Originally adopted 16/12/2010
|
Decision to amend standing orders
Progress
to date:
Change in
light of COVID-19 March 2020
Link to decision
Change
for Attendance by Electronic Link 25 June 2020
Link to decision
|
As and when required
|
|
Tūpuna Maunga o Tāmaki Makaurau Operations
Plan
|
Section 60 of
Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna
Maunga Authority) and Auckland Council to annually agree an operational plan
as part of the annual or long-term plan process.
This requires
the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki
Makaurau Operational Plan (the Draft Tūpuna Maunga Plan).
The
Governing Body is also required to adopt the final plan.
|
Decision to adopt Operations Plan and summary
Progress
to date:
Adopt
DRAFT Operational Plan and Summary for consultation 9 December 2020
Link to decision
|
|
Consultation
|
|
|
|
|
Adoption
|
|
|
|
|
|
|
Health, Safety and Wellbeing
|
The Governing
Body has the role of the person or organisation conducting a business or
undertaking.
|
Decision to receive quarterly Health, Safety and
Wellbeing report
Progress
to date:
Report
for December 2020 to Audit and Risk Committee 8 December 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Alcohol Control Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
Progress
to date:
Statement
of Proposal 24 September 2020
Link to decision
|
|
|
|
Recommendation
|
|
|
|
|
|
|
|
|
|
Animal Management Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
Recommendation
|
|
|
|
|
|
|
|
Cemeteries and Crematoria Bylaw Review
|
Legislative requirement to review the bylaw and policy
after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
Progress
to date:
Statement
of Proposal 24 September 2020
Link to decision
|
|
|
|
Recommendation
|
|
|
|
|
|
|
|
|
|
Construction Bylaw 2015
|
Legislative requirement to review the bylaw and policy after
five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Options
|
|
|
Freedom Camping
|
Explore the need for and options for regulating freedom
camping in Auckland
Regulatory response may be
required following completion of research and pilot
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
Direction
|
|
|
|
|
|
|
|
|
|
|
Navigation Safety Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
Progress
to Date:
Approve
statement of proposal 29 October 2020
Link to decision
|
|
|
|
|
Recommendation
|
Recommendation
|
|
|
|
|
|
|
|
Property Maintenance Nuisance Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Recommendation
|
|
|
Signage Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
Proposal
|
|
|
|
|
Stormwater Bylaw
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
Proposal
|
|
|
|
|
|
Trading and Events Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
Proposal
|
|
|
|
|
|
|
|
Traffic Bylaw Review
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
No decision required until 2022.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Water Supply and Wastewater Network Bylaw 2015
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
Proposal
|
|
|
|
|
|
|
|
|
|
|
|
Wharves Bylaw 2015
|
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision
to Make/Amend/Revoke the bylaw
# public notification is required for bylaw
reviews even if no change to the bylaw is recommended.
|
|
|
|
|
|
|
|
|
|
|
Options
|
|
|
Auckland Council Top Risk Register
|
The Audit and Risk Committee will refer the risk
register to the Governing Body every quarter.
|
Decision to note the top risk register and risk heat
map
Decision to receive quarterly reports
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Te Tiriti o Waitangi / Treaty of Waitangi
|
The Crown negotiates settlements with iwi on a
confidential basis and from time to time invites Council to express its
views.
The Te Tiriti o Waitangi / Treaty of Waitangi
Settlement Working party is accountable to the Governing Body and reports its
findings to the Governing Body.
|
Decision to approve submissions to the Crown as and
when required
Decision to approve establishment and on-going implementation
of co-management and other governance arrangements
|
As and when required
|
|
Governance Framework Review
|
The Joint Governance Working Party will make
recommendations to the Governing Body on governance matters of mutual
interest to the Governing Body and local boards
|
Decisions on Joint Governance Working Party
recommendations
Decisions on Service Levels and Funding
Decisions on Governance Framework Review
implementation as required
|
As and when required
|
|
National Three Waters Programme
|
The Minister of Local Government recently established
a joint central-local government steering committee to provide oversight and
guidance to support the reform, and to assist in engaging with local
government, iwi/Māori, and other water sector stakeholders on options
and proposals.
|
Decision to opt in to the first stage of the national
three waters reform programmes
Progress
to Date:
Report
and decision on opt in 27 August 2020
Link to decision
|
|
|
|
|
|
Initial Stage
|
|
|
|
|
|
|
|
Independent Review of Health and Safety at Port of
Auckland
|
On 14 September 2020 the mayor announced that Auckland
Council, as Ports of Auckland’s sole shareholder, would initiate an
independent review of health and safety at Ports of Auckland
The proposed focus of the council’s independent
review is to assess and comment on Ports of Auckland’s management of
its critical risks for health and safety (including hazard identification,
risk assessment, monitoring controls and resilience) and the health and
safety culture at Ports of Auckland.
|
Decision to agree Terms of Reference.
Consider independent review.
Progress
to Date:
Report to
agree Terms of Reference for the review 24 September 2020
Link to decision
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Maori Outcomes Performance Measurement Framework
|
|
Decision to agree to finalise the framework.
|
|
|
|
|
|
|
|
|
|
|
|
|
Completed
|
Lead Department
|
Area of work
|
Committee role
(decision and/or direction)
|
Decision
|
|
Environmental
Services
|
Ark in the Park
|
Decision to appoint GB representatives to Ark in the Park.
|
Appointment of councillor
representatives February 2020
Link to decision
|
|
Democracy Services
|
Local government elections
Evaluation of 2019 election and preparation for 2022
election
|
Consider evaluation report of 2019 election
Decision on submission to Justice Select Committee
Inquiry into 2019 election
Decision on voting system for the
2022 election and whether to establish Māori wards
|
Decision on evaluation and Māori wards February
2020
Link to decision
Decision on submission in Inquiry into 2019 election
February 2020
Link to decision
|
|
Community and Social Policy
|
Food Safety Information Bylaw Review
Legislative requirement to
review the bylaw and policy after five years.
|
Decision to approve statement of proposal #
Decision to
Make/Amend/Revoke the bylaw
# public
notification is required for bylaw reviews even if no change to the bylaw is
recommended.
|
Adoption of Food Safety Information Bylaw Review 30
April 2020
Link to decision
|
|
Finance
|
Emergency Budget/ Annual Budget (Annual Plan)
Statutory requirement
|
Decision to approve consultation documents, supporting
information and process prior to consultation
Decision to adopt Emergency Budget
|
Decision on Emergency Budget and consultation given
COVID-19 – 16 April 2020 in confidential and released on 7 May 2020
Link to decision
Decisions on Emergency Budget
and consultation
14 May 2020 Confidential
Link to decision 21 May 2020 released 25 June
2020
Link to decision 28 May 2020 released 25 June
2020
Decisions on Emergency Budget
feedback
Link to decision 16 July 2020
Final adoption of Emergency Budget
Link to decision 30 July 2020
|
|
Democracy Services
|
Elected members expense policy
|
Responsibility to adopt expense policy rules for Remuneration
Authority approval
|
Adoption of policy 30 July 2020
Link to decision
|
|
People and Performance
|
Appointment of Chief Executive
|
Statutory requirement
|
Decision to appoint a new chief executive June 2020 in
confidential
Chief Executive appointed July 2020
Link to announcement
|
|
|
Water Strategy
|
Monitoring drought situation.
|
Update from Watercare 25 June 2020
Link to decision
Update on water matters from Auckland Council 25 June
2020
Link to decision
Drought Restrictions Summer 2020/2021 24 September
2020
Link to decision
Review of Drought Restrictions for the 2020/2021
summer season 26 November 2020
Link to decision
Going forward this subject will
be dealt with at the Environment and Climate Change Committee.
|
|
Governing Body
25 February
2021
|
|
The
Aotea / Great Barrier Local Board has delegated authority over open cemeteries
in its local board area under Te Tahua Taungahuru Te Mahere Taungahuru 2018
– 2028 / The 10-year Budget Long-Term Plan 2018 – 2028.
