Agenda of Henderson-Massey Local Board - Tuesday, 16 February 2021

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

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

The following are declared interests of elected members of the Henderson-Massey Local Board.

Member

Organisation

Position

Brenda Brady, JP

- Safer West Community Trust

Trustee

Chris Carter

(Chair)

- St Lazarus Trust

- Waitemata District Health Board

- Waitakere Badminton Club

Member

Peter Chan, JP

- Cantonese Opera Society of NZ

- Asian Leaders Forum

- NZ-Hong Kong Business Association

- NZ-China Business Association

- Auckland Chinese Environment Protection Association (ACEPA)

- Whau Coastal Walkway Trust

Member

Advisor

Trustee

Matt Grey

- West Auckland Youth Development Trust

- Billy Graham Youth Foundation

Director

Board Member

Will Flavell

(Deputy Chair)

- Asia New Zealand Leadership Network

- COMET

- Te Atatū Tennis Club

- Waitākere Literacy Board

Member

Employee

Board Member

Brooke Loader

- Waitakere Licensing Trust

- Te Atatu Peninsula Business Association

Member

Associate Member

Vanessa Neeson

- Village Green Quilters

- Ranui Advisory Group

Member

Chairperson

Ingrid Papau

- Liberty Impact Community Trust

- #WeLoveTuvalu Community Trust

- Neighbourhood Support

- Liberty Church

- Mothers Helpers

Board Member

Member

Street Contact

Member

Ambassador

Member appointments

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

External organisation	Leads	Alternate
Central Park Henderson Business Association	Brenda Brady and Brooke Loader
Heart of Te Atatu South	Brenda Brady and Brooke Loader
Massey Matters	Will Flavell and Peter Chan
Ranui Advisory Group	Vanessa Neeson (Chair) and Ingrid Papau
Te Atatu Peninsula Business Association	Peter Chan and Ingrid Papau
Waitakere Ethnic Board	Ingrid Papau and Peter Chan
Waitakere Healthlink	Peter Chan	Chris Carter
Te Whau Pathway Trust	Matt Grey and Brenda Brady

4 Confirmation of Minutes

That the Henderson-Massey Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 8 December 2020, as a 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 Henderson-Massey 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.

8.1 Deputation: S Kaushal - Lake Panorama issues

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Sunil Kaushal.

Whakarāpopototanga matua

Executive summary

2. Sunil Kaushal, Henderson resident, will be in attendance to present on Lake Panorama issues.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation on Lake Panorama issues and thank Sunil Kaushal for his attendance.

8.2 Deputation: Activities update - E Tipu E Rea Whānau Services

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from E Tipu E Rea Whānau Services.

Whakarāpopototanga matua

Executive summary

2. Zoe Hawke CEO, Alina Norris-Clark Senior Social Worker and Tahlea Hohaia, Operations Manager on behalf of E Tipu E Rea Whānau Services, will provide an update on the organisation’s activities.

3. E Tipu E Rea Whānau Services was established following the successful implementation of a teen parent project at Auckland Women’s Centre. This project highlighted the need for an independent, Auckland-based teen parent service.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation providing an update on E Tipu E Rea Whānau Services activities and thank Zoe Hawke, Alina Norris-Clark and Tahlea Hohaia for their attendance.

Attachments

a E Tipu E Rea Whānau Services presentation............................................. 337

8.3 Deputation: Rivercare Group - update

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Rivercare Group Te Wai o Pareira.

Whakarāpopototanga matua

Executive summary

2. Alan Clist and Chris Ballantyne on behalf of the Rivercare Group, will provide an update on the findings on investigations into the scale of pollution in the Te Wai o Pareira (Henderson Creek) and progress and actions undertaken to date.

3. Rivercare Group request the support from the Henderson-Massey Local Board (local board) at a forthcoming meeting between a central government representative, WaterCare and Healthy Waters (date to be confirmed). The Group are also looking for funding support from the local board.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation on pollution on Te Wai o Pareira (Henderson Creek) and thank Alan Clist and Chris Ballantyne for their attendance.

Attachments

a Rivercare Group briefing paper.................................................................... 349

8.4 Deputation: Sustainable Coastlines Flagship Education Centre - possible relocation

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Sustainable Coastlines Flagship Education Centre.

Whakarāpopototanga matua

Executive summary

2. Fletcher Sunde, contractor, and Josh Borthwick, CEO, will be in attendance to present on the potential of moving the Sustainable Coastlines Flagship Education Centre to Orangihina Harbourview Park.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation on potentially moving the Sustainable Coastlines Flagship Education Centre to Orangihina Harbourview Park and thank Fletcher Sunde and Josh Borthwick for their attendance.

8.5 Deputation: Sharon Lepper - open drain and traffic issues at the Candia Road end of Pooks Road, Ranui

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Sharon Lepper.

Whakarāpopototanga matua

Executive summary

2. Sharon Lepper will be in attendance to discuss her concerns over the open drain and traffic issues at the Candia Road end of Pooks Road, Ranui.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation on the open drain and traffic issues at the Candia Road end of Pooks Road, Ranui and thank her for her attendance.

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.”

Henderson-Massey Local Board

16 February 2021

Disposal of Land at Te Atatu Peninsula

File No.: CP2021/00293

Te take mō te pūrongo

Purpose of the report

1. To consider the sale to the adjoining owner of a small portion of council land at 595 Te Atatu Road being part of the carpark serving the Te Atatu Library and Community Centre.

Whakarāpopototanga matua

Executive summary

2. The owner of the property situated at 583 Te Atatu Road approached the council (Auckland Council) in late 2019 requesting that the council sell a lot adjoining their property and forming part of the council’s carpark. The land would enable them to reconfigure the truck ingress and egress to the Countdown supermarket site.

3. To do so, under the current proposal, they would need to acquire 321m²of land known, as Lot 3 DP68647, from the council.

4. Lot 3 DP68647 is currently used for nine carparks associated with the Te Atatu Library and Community Centre.

5. The carparks are a requirement under the current resource consent, and to vary them, a variation to the resource consent would be required.

6. The variation will require replacing the carparks to the northern end of the site.

7. It would be a condition of any agreement to sell the land, that the purchaser pay all costs of the proposal, as well as market value for the land.

8. While the proposal does not benefit the council or local board directly, it does have a benefit to the community that uses the Countdown supermarket or pass through the carpark, by enabling a more efficient and safer passage of delivery vehicles to the property.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) support the disposal at market value of 321m²of land known as (part) 595 Te Atatu Road being Lot 3 DP68647 subject to:

i) the purchaser, at its cost, designing in a manner acceptable to Auckland Council and constructing nine new carparks at the northern end of the existing carpark

ii) the purchaser, at its cost and in conjunction with council staff, applying for a variation to the resource consent for the Te Atatu Library and Community Centre

iii) termination of the council’s obligations under the Deed of Settlement dated 2013 between Auckland Council and GPL Limited, pertaining to the property at 591 Te Atatu Road, which is now under the purchaser’s ownership

iv) the purchaser meeting Auckland Council’s legal, valuation and other costs associated with the preparation of the agreement and transfer of the land.

b) note that the sale of the land will enable the purchaser, being the owner of the adjoining property, to expand the supermarket operation of its tenant and facilitate the more efficient and safer circulation of delivery vehicles in its own carpark, which is of benefit to members of the community that shop at and pass through the property.

Horopaki

Context

9. The Te Atatu Library and Community Centre at 595 Te Atatu Road, adjoins the Countdown supermarket at 583 Te Atatu Road. The owners of the Countdown property (Te Atatu Investments Ltd) have also acquired the adjoining property at 591 Te Atatu Road to facilitate the expansion of their tenant’s business.

10. Te Atatu Investments Limited approached the council in late 2019 requesting the council sell a small lot forming part of the Community Centre property, Lot 3 DP68647, shown outlined in light blue on Figure 1.

Figure 1

11. A resolution by the legacy Henderson Community Board on 2 March 1995 approved the revocation of the reserve status of the subject land (Lot 3 DP 68647), presumably with a view to divesting the land, possibly following an enquiry similar to the current request.

12. The land, Lot 3 DP68647 (‘Lot 3’), containing approximately 321m²of land, is currently held in fee simple by the Auckland Council under Gazette Notice C956783.1.

13. In 2013, council undertook a redevelopment of the Library and Community Centre. This involved a Resource Consent Application and certain conditions were imposed in granting the consent. In particular, the provision of 74 carparks were required to service the facility.

14. As part of the resource consent process, the then owner at 591 Te Atatu Road, situated between Countdown and the Community Centre, objected to certain aspects of the council’s development. A Deed of Settlement was entered into with the council which contained a number of concessions in favour of 591 Te Atatu Road to resolve their concerns.

15. Te Atatu Investments Limited has recently purchased the property at 591 Te Atatu Road.

16. The proposal for reconfiguring the curtilage and expanding the supermarket operation at 583 and 591 Te Atatu Road, has been refined after discussions with council staff over several months. Terms have been agreed in principle should the sale of Lot 3 be approved by the Finance and Performance Committee.

17. Te Atatu Investments Limited has undertaken to pay all of the council’s costs associated with the transaction, and to relocate the carparks situated on Lot 3 to the northern end of the carpark, to ensure that no spaces are lost. The company will also apply for any variation required to the council’s resource consent for the Community Centre and Library.

Tātaritanga me ngā tohutohu

Analysis and advice

18. A workshop was held with the Henderson Massey Local Board on 11 February 2020 to discuss the proposal at concept stage.

19. At that time, it was proposed to include the Licensing Trust property (if the Trust agreed) in a more comprehensive proposal that would have required Te Atatu Investments Limited to acquire an easement for itself and the council to create a public connection between Gunner Drive and Pringle Road. The Trust has now decided not to participate in the scheme.

20. The local board’s concerns regarding the proposal were:

a) safety of pedestrians with trucks exiting onto Te Atatu Road

b) that the number of carparks servicing the Community Centre and Library would not be reduced.

21. Staff have discussed these concerns and other details with Te Atatu Investments Limited over several months, and the terms and conditions have been agreed in principle between the parties.

22. Te Atatu Investments Limited commissioned a traffic report from Commute Transportation Consultants to address the movements of trucks into and out of the site. The proposed truck movements are shown in orange on Figure 2 below. Measures will be taken to ensure the safety of pedestrians using the footpath on Te Atatu Road. This will include a stop sign so trucks stop prior to passing over the footpath.

23. The proposed truck movements are considered safer by all parties to the discussions than the status quo. It will also enable smoother traffic movements for all drivers, by the drivers not having to wait for trucks turning in the carpark. Currently, trucks have to reverse from the eastern side of the Countdown building where they unload, into the carpark provided for shoppers on the southern side of the building to exit the site onto Gunner Road.

24. As a condition of any agreement, if the sale of land is approved, Te Atatu Investments Limited must replace the carparks that will be lost with the sale of Lot 3. A scheme plan has been drafted showing additional carparks at the northern end of the site, with footpaths realigned slightly on Jack Pringle Village Green to accommodate the spaces. See Figure 2.

Figure 2

25. The redesign of the carpark may require Te Atatu Investments Limited to obtain a variation to the council’s resource consent. It will also undertake the actual works at its cost.

26. The consent also requires Lot 3 to be retained with the balance of the council’s land to ensure the correct number of carparks is maintained. Amendment of this requirement will need to be included in the variation to the consent.

27. Te Atatu Investments Limited has also received planning advice, and a report that indicates that the amendments to the consent should be relatively straight forward. All costs under the agreed terms shall be met by Te Atatu Investments Limited.

28. From the perspective of the Te Atatu Library and Community Centre, the proposal is neutral, as the existing number of carparks will remain the same. However, there is likely to be temporary disruption to the parking area as the new layout is constructed. Some lawn area will be lost.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29. Climate impact considerations include energy expended via hydrocarbons to modify and construct the altered carpark.

30. Climate change over the lifetime of the project includes rising sea levels and increased storm events. The subject land sits 20amsl and is not considered at threat from sea level rise.

31. As trucks would spend less time manoeuvring under the proposed scheme, there will be a minor reduction in greenhouse gases if the scheme proceeds, with the smoother truck movement shown in the colour orange in Figure 2.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32. The Head of Local Community Libraries has reviewed the proposal and considers that there will be no impact from the proposal, other than relatively minor disruption during the construction of the new carparks, for a limited period of time.

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

Local impacts and local board views

33. Staff believe that improvements to the truck movements will be beneficial to the public, by not having to wait for trucks turning in the supermarket carpark, and because of the safer environment the changes will afford.

34. During construction of the new carparks, users of the Te Atatu Library and Community Centre will likely be inconvenienced temporarily.

35. This report seeks the Henderson Massey Local Board’s views on the proposal and ramifications of selling Lot 3.

Tauākī whakaaweawe Māori

Māori impact statement

36. The improvement of the Countdown service provision, as well as the safer truck movements in the immediate surrounds, will benefit the entire local community including Māori.

37. As there is no envisaged detriment to the services provided by the Library and Community Centre, there is no identified negative impact on the local Māori community.

Ngā ritenga ā-pūtea

Financial implications

38. As this proposal is primarily for the benefit to the adjoining owner, the outcome will be cost neutral or beneficial to the council. The proceeds from the sale of the land will be applied to the council’s general account.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39. The following risk assessment has been prepared for the proposal.

Risk Type	Risk	Mitigation
Commercial	Non performance of the contracting party.	Ensure good documentation for performance standards for any work and obtain a performance bond if appropriate.
Regulatory	Additional unanticipated conditions may be imposed as a result of the Resource Consent process.	Obtain good planning advice prior to lodging any consent. Sale subject to Resource Consent conditions imposed being acceptable to the council.
Health and Safety	Harm to council customers during the construction process.	Ensure that Health and Safety protocols and audits occur during the build process.
Reduced functionality for the Library and Community Centre	Reducing the size of the council owned land may impact on any future change of use for the site.	The Library and Community Centre was redeveloped in 2014. It is expected to be fit for purpose and the highest and best use of the land for some time to come.

Ngā koringa ā-muri

Next steps

40. If the decision to sell Lot 3, for the reasons outlined in this report, is supported by the local board, staff will report to the Finance and Performance Committee in February 2021, seeking approval to enter into an agreement for sale and purchase.

41. The agreement will be conditional upon all consenting requirements being met for the changes to the council owned property.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Allan Walton - Principal Property Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Henderson-Massey Local Board

16 February 2021

Changes to the Community Facilities Work Programme

File No.: CP2021/00154

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2. The Henderson-Massey Local Board approved the Community Facilities work programme 2020-2023 in August 2020 (resolution HM/2020/115).

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 two projects which require less renewal funding than the funding allocated in the financial year 2020/2021:

i) ID 20452 Corbans Estate Art Centre – refurbish all buildings – a saving of $460,112

ii) ID 18382 West Wave Aquatic Centre – comprehensive renewal – a saving of $872,216.

5. Seven projects will cost more than the approved renewals funding allocation in the financial year 2020/2021:

i) ID 26347 Henderson-Massey – renew park and facility signage 2020/2021 – at an increase of $110,000

ii) ID 23884 Henderson-Massey – renew park fixtures and furniture 2020/2021 – at an increase of $80,000

iii) ID 18064 Henderson-Massey – renew park structures 2017/2018+ - at an increase of $71,000

iv) ID 27860 Henderson-Massey – renew surfacing on cycleway bridges – at an increase of $118,327

v) ID 18103 Kelston Community Centre/Te Pae o Kura – comprehensive renewal and upgrade facility – at an increase of $218,519

vi) ID 27857 Level 1, 20 Alderman Drive – renew outdoor condensing units – at an increase of $151,000

vii) ID 24193 Massey Community Hub – renew kitchen facility – at an increase of $36,000.

6. The addition of one new project is required to the Community Facilities work programme 2020-2023:

i) ID 30509 Waitākere Central Library – replace ventilation system chillers – stage 1 – at a total cost of $290,000.

7. Three projects are proposed to be included in the Risk Adjusted Programme to enable early delivery:

i) ID 23892 Henderson-Massey – install drinking fountains

ii) ID 24173 McKinley Park – replace playground edging

iii) ID 26145 Royal Reserve – install mural on amenity block.

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

9. Staff recommend that the Henderson-Massey Local Board approve the variations to the Community Facilities work programme 2020-2023.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) Note the following project savings to be reflected in the Community Facilities work programme 2020-2023:

i) ID 20452 Corbans Estate Art Centre – refurbish all buildings – revised financial year 2020/2021 project cost of $100,000, a saving of $460,112

ii) ID 18382 West Wave Aquatic Centre – comprehensive renewal – revised financial year 2020/2021 project cost of $2,100,000, a saving of $872,216.

b) Approve the reallocation of funding within the Community Facilities work programme 2020-2023:

i) ID 26347 Henderson-Massey – renew park and facility signage 2020/2021 – revised project total of $135,095, an increase of $110,000

ii) ID 23884 Henderson-Massey – renew park fixtures and furniture 2020/2021 – revised project total of $122,805, an increase of $80,000

iii) ID 18064 Henderson-Massey – renew park structures 2017/2018+ - revised project total of $160,289, an increase of $71,000

iv) ID 27860 Henderson-Massey – renew surfacing on cycleway bridges – revised project total of $251,988, an increase of $118,327

v) ID 18103 Kelston Community Centre/Te Pae o Kura – comprehensive renewal – revised project total of $568,519, an increase of $218,519

vi) ID 27857 Level 1, 20 Alderman Drive – renew outdoor condensing unites – revised project total of $234,845, an increase of $151,000

vii) ID 24193 Massey Community Hub – renew kitchen facility – revised project total of $70,000, an increase of $36,000.

c) Approve the reallocation of funding to a new project to be added to the Community Facilities work programme 2020-2023:

i) ID 30509 Waitākere Central Library – replace ventilation system chillers stage - at a cost of $290,000 in financial year 2020/2021.

d) Approve three projects for inclusion in the Risk Adjusted Programme, within the Community Facilities work programme 2020-2023:

i) ID 23892 Henderson-Massey – install drinking fountains

ii) ID 24173 McKinley Park – replace playground edging

iii) ID 26145 Royal Reserve – install mural on amenity block.

Horopaki

Context

10. The Henderson-Massey Local Board approved the Community Facilities work programme 2020-2023 in August 2020 (resolution HM/2020/115). The budget allocated for all projects in the work programme are best estimates and are subject to change.

11. 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.

12. The delivery timeline of a project may change following the completion of the investigation and design phase of a project. This may also require a variation to the programme.

13. Additionally, new projects are identified to be included in the work programme.

Financial year 2020/2021 Variations

14. In December 2020, the local board approved a first tranche of changes to the Community Facilities work programme 2020-2023 (resolution HM/2020/193). These changes included:

i) One project which provided budget savings for reallocation: Henderson-Massey – renew park structures 2017/2018+

ii) One project which required additional funding to complete delivery in the financial year 2020/2021: Waitākere Central Library – replace surface membrane barrier

iii) Five new projects to be added to the work programme:

· Corran Reserve – renew play module

· Te Atatū Peninsula Community Centre – refurbish hall floor

· Te Whau Pathway – Section 5 – develop boardwalks

· Te Whau Pathway – Section 5 – develop concrete pathways

· Te Whau Pathway – Section 5 – undertake environmental restoration and install artwork and signage.

15. Staff have identified additional required changes to the work programme in financial year 2020/2021 to ensure delivery of approved projects and the utilisation of available Asset Based Service (ABS): capital expenditure (Capex) – Local Renewals funding. the changes are detailed under the Analysis and Advice section of this report – Table 1.

16. Two complex multi-year projects require less renewal funding than anticipated in the financial year 2020/2021. This funding is available to be reallocated.

17. Seven projects require additional funding to complete delivery in the financial year 2020/2021.

18. One new project is recommended to be added to the work programme.

19. Three projects have been identified for inclusion in the Risk Adjusted Programme to enable early delivery in the financial year 2020/2021.

Tātaritanga me ngā tohutohu

Analysis and advice

20. Staff recommend variations to the Community Facilities work programme 2020-2023 for the financial year 2020/2021 as outlined in Table 1 below.

21. The amount of savings will offset the budget shortfalls and the required variations are within the local board renewals budget envelope for the financial year 2020/2021.

Table 1: Community Facilities work programme 2020-2023 – variations required for financial year 2020/2021

Project ID	Activity Name	Budget variations 2020/2021	Description
20452	Corbans Estate Art Centre – refurbish all buildings	Renewal budget reduction of $460,112 Approved 2020/2021 budget $560,112 Revised 2020/2021 budget $100,000	Due to the complex nature of the buildings at Corban Estate Art Centre, the investigation and design phase of the project is taking longer than anticipated. No physical work will be undertaken during the financial year 2020/2021 as originally anticipated. Future physical work funding requirements will be included in the draft financial year 2021/2022 work programme.
18382	West Wave Aquatic Centre – comprehensive renewal	Renewal budget reduction of $872,216 Approved 2020/2021 budget $2,972,216 Revised 2020/2021 budget $2,100,000	It has been determined that delivery of some aspects of the comprehensive renewal will be ready for delivery in the financial year 2021/2022, rather than the current financial year 2020/2021. Future physical work funding requirements will be included in the draft financial year 2021/2022 work programme.
26347	Henderson-Massey – renew park and facility signage 2020/2021	Renewal budget increase of $110,000 Approved 2020/2021 budget $25,095 Revised 2020/2021 budget $135,095	During work programme development, project costing is a high-level estimate. Minimal funding has been approved for the renewal of park and facility signage in the past few years and additional funding allocation will enable additional required works to be undertaken during the financial year 2020/2021.
23884	Henderson Massey – renew park fixtures and furniture 2020/2021	Renewal budget increase of $80,000 Approved 2020/2021 budget $42,500 Revised 2020/2021 budget $122,805	During work programme development, project costing is a high-level estimate. Investigation of fixture and furniture renewal requirements has highlighted the requirement for additional funding allocation to undertake required works.
18064	Henderson-Massey – renew park structures 2017/2018+	Renewal budget increase of $71,000 Approved 2020/2021 budget $85,773 Revised 2020/2021 budget $160,289	Investigation and design for the renewal of a footbridge at Te Rangi Hiroa/Birdwood Park has determined the full extent of required work. The cost provides a safe stream crossing for park and pony club users.
27860	Henderson-Massey – renew surfacing on cycleway bridges	Renewal budget increase of $118,327 Approved 2020/2021 budget $133,610 Revised 2020/2021 budget $251,988	During work programme development, project costing is a high-level estimate. During the investigation and design phase of the project, a long-term solution has been found and the shortfall of $118,327 has been identified for the project through the contract procurement process.
18103	Kelston Community Centre/Te Pae o Kura – comprehensive renewal	Renewal budget increase of $218,519 Approved 2020/2021 budget $350,000 Revised 2020/2021 budget $568,519	Tendering for professional services for design and consenting for the project has determined the true cost of this phase of the project.
27857	L1, 20 Alderman Drive – renew outdoor condensing units	Renewal budget increase of $151,000 Approved 2020/2021 budget $83,845 Revised 2020/2021 budget $234,845	During work programme development, project costing is a high-level estimate. Investigation of requirements has determined a shortfall of $151,000 to complete the required work.
24193	Massey Community Hub – renew kitchen	Renewal budget increase of $36,000 Approved 2020/2021 budget $34,000 Revised 2020/2021 budget $70,000	During work programme development, project costing is a high-level estimate. Project investigation and design has determined the project requirements and true cost.
30509	Waitākere Central Library – replace ventilation system chillers – stage 1	New project addition – renewal budget of $290,000	Community Facilities staff identified the requirement to replace the chillers for the ventilation system at Waitākere Central Library over several years. The chillers are coming to the end of their asset life and maintenance of the chillers is increasing in frequency at considerable cost. It is proposed to renew one chiller in the financial year 2020/2021 and undertake a second phase in the financial year 2023/2024.
23892	Henderson-Massey – install drinking fountains	Add to the Risk Adjusted Programme	Approval from inclusion in the Risk Adjusted Programme will enable delivery or partial delivery of the project in the financial year 2020/2021.
24173	McKinley Park – replace playground edging	Add to the Risk Adjusted Programme	Approval from inclusion in the Risk Adjusted Programme will enable delivery or partial delivery of the project in the financial year 2020/2021.
26145	Royal Reserve – install mural on amenity block	Add to the Risk Adjusted Programme	Approval from inclusion in the Risk Adjusted Programme will enable delivery or partial delivery of the project in the financial year 2020/2021.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. 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.

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. The decision sought for this report has no direct impact on other parts of the council group. The overall Community Facilities work programme 2020-2023 was developed through a collaborative approach 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

25. 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.

26. The activities in the work programme align with the Henderson-Massey Local Board Plan 2017 outcomes.

27. The Henderson-Massey Local Board approved the Community Facilities work programme 2020-2023 in August 2020 (resolution HM/2020/115), with a first tranche of work programme changes approved in December 2020 (resolution HM/2020/193).

28. The proposed project budget variations detailed in this report were provided for the local board’s consideration in a memorandum, in December 2020 and discussed at a workshop in early February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

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

30. 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.

31. 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

32. Although there are significant financial implications for the proposed variations, the proposed budget variations for the financial year 2020/2021 can be achieved using savings from other projects in the work programme.

33. The recommended changes outlined in this report have been agreed with the local board’s Lead Financial Advisor.

34. Details of the proposed variations for funding are outlined in Table 2 below.

Table 2: Community Facilities work programme 2020-2023 – variations required for financial year 2020/2021

Project	Approved budget	Saving	Increase	Revised budget
ID 20452 Corbans Estate Art Centre – refurbish all buildings	$560,112	$460,112	$0	$100,000
ID 18382 West Wave Aquatic Centre – comprehensive renewal	$2,972,216	$872,216	$0	$2,100,000
ID 26347 Henderson-Massey – renew park and facility signage 2020/2021	$25,095	$0	$110,000	$135,095
ID 23884 Henderson-Massey – renew fixtures and furniture 2020/2021	$42,500	$0	$80,000	$122,805
ID 18064 Henderson-Massey – renew park structures 2017/2018+	$89,289	$0	$71,000	$160,289
ID 27860 Henderson-Massey – renew surfacing on cycleway bridges	$133,661	$0	$118,327	$251,988
ID 18103 Kelston Community Centre/Te Pae o Kura – comprehensive renewal	$350,000	$0	$218,519	$568,519
ID 27857 L1, 20 Alderman Drive – renew outdoor condensing units	$83,845	$0	$151,000	$234,845
ID 24193 Massey Community Hub – renew kitchen	$34,000	$0	$36,000	$70,000
ID 30509 Waitākere Central Library – replace ventilation chillers	$0	$0	$290,000	$290,000
Total variations	$3,940,718	$1,332,328	$856,327	$3,465,022

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

38. 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

39. Subject to local board approval, the budget variations will be made to the projects identified under the Analysis and Advice section of this report – Table 1.

40. Details of the variations will be noted in the Community Facilities quarterly reports provided 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

Henderson-Massey Local Board

16 February 2021

Classification of land, review of expressions of interest and public notification of the intent to grant new community leases at Kaumatua Reserve, 580 Te Atatu Road, Te Atatu Peninsula

File No.: CP2021/00273

Te take mō te pūrongo

Purpose of the report

1. To classify a portion of land at Kaumatua Reserve, legally described as Part Section 1 SO 70218 from unclassified recreation reserve to local purpose (community buildings) reserve pursuant to Section 61 (2A) of the Reserves Act 1977.

2. To review the expressions of interest applications to occupy the Te Atatu Peninsula Community House, 572C Te Atatu Road, Te Atatu Peninsula and Brick Building, 580 Te Atatu Road, Te Atatu Peninsula.

3. To grant leases to Royal New Zealand Plunket Trust and West Auckland Parents Centre Incorporated.

Whakarāpopototanga matua

Executive summary

4. On researching the land status at Kaumatua Reserve, council staff discovered that a portion of the Te Atatu Peninsula Community House, Part Section 1 SO 70218, is held as unclassified recreation reserve.

5. The remainder of the community house is located on Section 1 SO 70805 and is held in fee simple by the Auckland Council as a classified local purpose (community buildings) reserve.

6. To support the activities provided from the community house Part Section 1 SO 70218 needs to be classified as a local purpose (community buildings) reserve.

7. Iwi consultation is also required prior to the Henderson-Massey Local Board passing the necessary resolution under Section 61 (2A) of the Reserves Act 1977.

8. On 18 June 2020, Auckland Council invited expressions of interest from community groups and organisations interested in leasing part of the Te Atatu Peninsula Community House and the adjacent Brick Building. Four applications were received.

9. An analysis and assessment of the applications was undertaken by staff. The results of the assessment indicated Royal New Zealand Plunket Trust attained the highest score and is the recommended applicant to lease the community house. In its application Plunket stipulated its desire to lease the community house only.

West Auckland Parents Centre Incorporated attained the second highest score and is the recommended applicant to lease the brick building.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) publicly notify the intent to classify Part Section 1 SO 70218, Kaumatua Reserve, 580 Te Atatu Road, Te Atatu Peninsula, as a local purpose (community buildings) reserve pursuant to Section 61 (2A) of the Reserves Act 1977 (Attachment A).

b) subject to any submissions or objections being satisfied, publicly notify the intent to grant a new community lease to Royal New Zealand Plunket Trust for the community house and West Auckland Parents Centre Incorporated for the brick building on Kaumatua Reserve, 572C and 580 Te Atatu Road, Te Atatu Peninsula.

c) appoint a panel to hear, consider and decide on any submissions or objections received following the public notification process and to make recommendations to the Henderson-Massey Local Board for any further decisions if required.

d) subject to any submissions or objections being satisfied, grant a new community lease to Royal New Zealand Plunket Trust for the council-owned site being 150 square metres (more or less) located on the parcel legally described as Section 1 SO 70218, 572C Te Atatu Road, Te Atatu Peninsula (Attachment B) on the following terms and conditions:

i) term – five years commencing 17 November 2020 with one right of renewal for a period of five years

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

iii) maintenance fee - $500 plus GST per annum

iv) provision of a community outcomes plan as approved by local board members and attached to the lease document.

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

e) subject to any submissions or objections being satisfied, approve a new community lease to West Auckland Parents Centre Incorporated for the council-owned site being 60 square metres (more or less) located on the parcel legally described as Lot 44 DP 40799, 580 Te Atatu Road, Te Atatu Peninsula (Attachment C) on the following terms and conditions:

i) term – five years commencing 17 November 2020 with one right of renewal for a period of five years

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

iii) maintenance fee - $250 plus GST per annum

iv) provision of a community outcomes plan as approved by local board members and attached to the lease document

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

Horopaki

Context

10. This report considers classification of part of the land at Kaumatua Reserve at 572C & 580 Te Atatu Road, the expressions of interest applications to occupy and the granting of new community leases for the council owned buildings located at 572C & 580 Te Atatu Road, Te Atatu Peninsula.

11. The Henderson-Massey Local Board is the allocated authority:

- To resolve on the classification of Part Section 1 SO 70218

- relating to local, recreation, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

The Land - 572C Te Atatu Road, Te Atatu Peninsula

12. Kaumatua Reserve has no significant road frontage and is located behind a commercial development. There are two reserve entrances both from Te Atatu Road, a pedestrian entrance that is not very visible and a vehicle entrance between shops to a small car park.

13. On researching the land status at Kaumatua Reserve, council staff discovered that a portion of the Te Atatu Peninsula Community House, on Part Section 1 SO 70218 is on land held as an unclassified recreation reserve.

14. The remainder of the community house is on Part Lot 44 DP40799 is on land held in fee simple by the Auckland Council as a classified local purpose (community buildings) reserve.

15. To support the activities provided of the community house and prior to any leasing arrangement, classification of Part Section 1 SO 70218 needs to be classified as a local purpose (community buildings) reserve.

The Land - 580 Te Atatu Road, Te Atatu Peninsula

16. The land is described as Lot 44 DP 40799 comprising 928 square metres and contained in Record of Title NA 1089/3. Lot 44 is currently held in fee simple by the Auckland Council under the Local Government Act 2002.

17. Under Section 138 of the Local Government Act, a local authority granting a lease for more than six months must consult on the proposal.

18. Prior to any lease being granted, engagement with mana whenua is also required under section 81 of the Local Government Act.

The Facilities

19. The community house located at 572C Te Atatu Road was constructed in 1977 and is approximately 100square metres and comprises an office, meeting rooms, kitchenette and toilet. Two rooms attached to the community house are approximately 50square metres and leased to the Royal New Zealand Plunket Trust.

20. The stand-alone brick building located at 580 Te Atatu Road is approximately 60 square metres and is open plan with a kitchen, office space and a toilet.

21. Both buildings are within walking distance of the Te Atatu Peninsula shops and on a main bus route.

Expressions of Interest Process

22. Public notification calling for expressions of interest to lease the community house and brick building were placed in the Western Leader on 18 June 2020. The closing date for applications was 27 July 2020.

23. Notice was also forwarded to those groups listed on the community leasing interest register who indicated an interest in leasing buildings and/or land in the Henderson-Massey Local Board area.

24. Viewings were held at the site on 25 and 26 June 2020. Four applicants attended the viewings and one applicant scheduled a viewing on another day. Staff were on-site to answer questions. At the close of the expressions of interest process, applications from four community groups were received.

25. To be eligible for a community lease, community groups should:

- be an incorporated society or charitable trust and meet the criteria prescribed in the Auckland Council Community Occupancy Guidelines 2012

- ideally, based and working in the Henderson-Massey community

- be able to identify positive community outcomes that will occur as a result of the proposed tenancy

- be able to specify how the services or programs offered align with the objectives in the Henderson-Massey Local Board Plan 2017

- ideally, be able to optimise the use of the council facility

- ideally, be able to share the facility with other community groups.

Applicants

26. At the close of the expressions of interest process, applications from four of the following community groups were received:

- Seed2Harvest

- Royal New Zealand Plunket Trust

- Te Atatu Peninsula Business Association Incorporated

- West Auckland Parents Centre Incorporated.

Assessment of Applications

27. The analysis and assessment of applications was undertaken by the Strategic Broker and Community Lease Specialist on 3 September 2020.

28. All four applicants were assessed using a tool to rate a range of criteria including:

- the alignment with local board plan outcomes

- identified need and conversely, existing service provision in the locality

- organisational structure

- evidence of sound financial management

- partnership opportunities

- hours of use and staff numbers

- sharing opportunities.

29. Plunket attained the highest score from the analysis and assessment of applications and indicated its desire to only lease the community house.

30. The West Auckland Parents Centre attained the second highest score for the analysis and assessment of applications and is the preferred candidate to lease the brick building.

31. All applications were discussed with the Henderson-Massey Local Board at a workshop held on 6 October 2020.

Overview of applicants

Royal New Zealand Plunket Trust

32. Royal New Zealand Plunket Trust has a community lease with Auckland Council for part of the community house commencing 1 November 2010. The lease expired 30 October 2016 and is currently rolling over on a month by month. Quarterly rent is $150.00 plus GST per annum.

33. Plunket was established in 1907 and is a charitable trust. Its objectives are:

- to provide every child/tamariki with the opportunity to be healthy and well by delivering co-ordinated health, community and social services to families/whanau and children/tamariki

- to build the confidence and knowledge of families/whanau so that children/tamariki are raised in healthy, nurturing and supportive environments

- to build connections within communities, and with other service providers, to assist families/whanau in accessing plunket services so as to assist in improving the health and well-being of children/tamariki of those families/whanau.

34. Plunket are currently located in two rooms at the back of the Te Atatu Peninsula Community House and access the community house to use the toilet and kitchen.

35. In its application, Plunket indicated its desire to expand its services and utilise all of the community house. Plunket envisage the community house to be a hub where people can be welcomed and supported through the delivery of Plunket services. Plunket would be able to strengthen its relationships with other providers and offer a one stop shop type service. The site would be utilised 40 hours per week and include well child clinics, new baby consultations and group sessions.

36. Plunket is a nationwide service that sees in excess of 85 per cent of newborn babies and their whanau which continues through to the age of five. Plunket does not have membership. Plunket is accessible to all, regardless of race, age or gender and focus primarily on newborn babies and whanau to the age of five.

37. In its application, Plunket would work in collaboration with Maternal Mental Health and run its cognitive behavioural therapy groups. Children would be able to attend the site and be supervised in a playgroup setting while mothers are in sessions.

38. Pregnancy and parental services CADS (community alcohol and drug services) would have a safe place for whanau to meet with their practitioner. Community initiatives such as breastfeeding support groups for whanau, places of connection, coffee groups, and playgroups would be implemented.

West Auckland Parents Centre Incorporated

39. West Auckland Parents Centre has been registered as an incorporated society since 20 November 1981 and currently book rooms at Te Pae o Kura (Kelston Community Centre).

40. West Auckland Parents Centre is affiliated to Parents Centre NZ and deliver support to parents at all stages throughout the postnatal and antenatal periods and advocate to provide researched and evidence-based information to the community to support community wellbeing.

41. Its objectives are to carry out within the centre activities conducive to policy development, programme delivery and management procedures which are based on the following principles:

- parenting is a vital role in the community and should be recognised, valued and supported by decision-makers, authorities, health and education professionals and the community in general

- prospective parents, parents and families have the right to quality parenting and childbirth education and information, enabling them to make informed decisions on their parenting role.

42. West Auckland Parents Centre has full open membership with 310 active members and currently deliver 13 childbirth education programmes each year, reaching over 150 pregnant women, their partners and families. All education is facilitated by qualified educators highly skilled in facilitation and adult learning.

43. In its application, West Auckland Parents Centre wish to relocate its services to establish a place to expand its offering of parent education and support to the community. A lease will enable a more effective community support network and the ability to increase the programmes offered and introduce further parent education according to the needs of the community. New parents would have safe places to meet with their babies and young children.

44. West Auckland Parents Centre indicated its willingness to share its facility with other community groups.

Te Atatu Peninsula Business Association Incorporated

45. Te Atatu Peninsula Business Association Incorporated was established May 2007 and has been operating as a Business Improvement District since 2008. Its core busines is economic development but its activities embrace the whole community.

46. Its objectives are to:

- promote the development and advancement of the commercial interests of business people and businesses in the Te Atatu peninsula area through a co-ordinated and structured promotion, advocacy and planning programme

- to foster the welfare and economic development of Te Atatu Peninsula

- to foster the environmental social and cultural sustainability of Te Atatu Peninsula.

47. Membership is restricted and defined in a geographical area called a Business Improvement District. Other businesses who are not in the town centre but operate within Te Atatu can join as associate members. The annual fee is $130 plus GST per annum. There are currently 163 full members including business owners, property owners and associate members.

48. The committee meets in a room at the Te Atatu Peninsula Community Centre and other meetings are held at local cafes or at the Te Atatu RSA.

49. In its application, the Business Association stipulated it has no physical presence in the town centre and the manager works from a home office in Te Atatu South. Covid-19 recovery would be strengthened if the business association were available on-site.

50. In its application, the Business Association would be on-site five hours per day from Monday to Friday and the committee would meet together once per month and meetings would be held outside work hours.

51. The Business Association is willing to share the facility with other groups in a way that enable organisations to work effectively and without hindering each other’s activities.

Seed2Harvest

52. Seed2Harvest were established in 2010 and have been a registered charitable trust since 2016. Its objectives are to:

- initiate and establish acts of kindness and hope empowering communities to come together in unity

- empower families in the community through interactive activities

- strong values = strong families = strong communities.

53. Seed2Harvest are currently operating from a home in Te Atatu South. A growth in services offered has restricted the ability for Seed2Harvest to accommodate the needs of its community and a larger space is required.

54. Seed2Harvest are reducing the waste in the environment by supporting food rescue organisations by re-directing the food that would normally go into landfills and providing fresh produce and protein to vulnerable families in the community.

55. In its application, Seed 2 Harvest wish to continue its food parcel distribution service from this site. The services provided at this site would support vulnerable families in West Auckland by supporting and empowering families and redirecting them to agencies that are able to support them in their time of need.

56. Membership is open and no membership fee is charged. There are currently 30 plus active members.

57. The proposed space will be utilised 35 hours per week and Seed2Harvest are willing to share the facility on a cost recovery basis.

Tauākī whakaaweawe āhuarangi

Climate impact statement

58. 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.

59. 572C and 580 Te Atatu Road are flood prone areas. Flooding occurs when heavy rainfall overwhelms the capacity of natural or designed drainage systems. Flood prone areas are low points that may flood and are often associated with places where water can become trapped and pool if an outlet is blocked. These areas are also associated with 1-in-100-year rainfall events. It is not anticipated that flooding will affect these premises, being on the upper floor, but access to the building may be affected for short periods during a flood event.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

60. In compiling the recommendations contained herein staff have obtained input from colleagues in the Arts, Community and Events Department, Operational Management and Maintenance and Parks Sports and Recreation. No concerns were raised regarding this proposal.

61. Maintenance of the shed, gardens and lawns at 572C Te Atatu Road, Te Atatu Peninsula will be a shared responsibility between Royal New Zealand Plunket Trust and West Auckland Parents Centre Incorporated. Maintenance responsibilities will be specified in the lease documents under ‘Special Conditions’.

62. The proposed new leases have no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

63. The recommendations in this report were workshopped with the local board on 21 April 2020 and 6 October 2020.

64. The recommendation for the new community leases to Royal New Zealand Plunket Trust and West Auckland Parents Centre Incorporated supports the Henderson-Massey Local Board Plan 2017 outcomes

- a network of vibrant and loved urban neighbourhoods

- a thriving local economy that supports quality of life

- communities know each other and work together on common interests

- community facilities are vibrant and welcoming places at the heart of our community.

65. The Auckland Council Community Occupancy Guidelines 2012 recommends a lease term for council-owned land and/or buildings of five years with one further five year right of renewal.

66. The Henderson-Massey Local Board may, at their discretion, choose to vary from these recommendations on a case-by-case basis as they deem appropriate. The guidelines suggest that where a term is varied, it aligns to one of the recommended terms contained in the guidelines.

Tauākī whakaaweawe Māori

Māori impact statement

67. Delivering on Auckland Council’s commitment to Māori at a local level is a priority for local boards. Henderson-Massey Local Board are focused on building strong and meaningful relationships with local Māori to ensure that Māori needs and aspirations are understood.

68. Iwi engagement was undertaken on 11 May 2020 and involved email contact with 11 iwi/hapū who have an interest in the Henderson-Massey area. The email contained detailed information on the land and facility and invited iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural or environmental impacts with respect to the land. No objections were raised.

69. A community outcomes plan will be developed with Royal New Zealand Plunket Trust and West Auckland Parents Centre Incorporated to include activities that support Māori outcomes and Auckland Council’s commitment to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

Ngā ritenga ā-pūtea

Financial implications

70. Provided there are no objections, the cost implications for Auckland Council is the cost of public notification of the lease estimated at approximately $750.00. This cost is borne by the Community Facilities Department.

71. Plunket currently pay a quarterly rent of $150.00 per annum plus GST for part of the community house. The rent for the whole of the community house will be $1.00 plus GST per annum and the maintenance fee will be $500.00 plus GST per annum.

72. The rent for the brick house will be $1.00 plus GST per annum and the maintenance fee will be $250.00 plus GST per annum.

73. There is a net increase of $598 in revenue with the granting of these two leases.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

74. If the Henderson-Massey Local Board resolve not to grant a new lease, the council-owned buildings will remain vacant which in turn will have a negative impact on the desired local board outcomes.

Ngā koringa ā-muri

Next steps

75. Subject to the Henderson-Massey Local Board granting new community leases, council staff will work with Royal New Zealand Plunket Trust and West Auckland Parents Centre Incorporated to finalise the lease agreement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site map of Kaumatua Reserve, 572C Te Atatu Road, Te Atatu Peninsula	35
b ⇩	Site map of Kaumatua Reserve, 572C Te Atatu Road, Te Atatu Peninsula - proposed leased area for Royal New Zealand Plunket Trust	37
c ⇩	Site map of Kaumatua Reserve, 572C Te Atatu Road, Te Atatu Peninsula - proposed leased area for West Auckland Parents Centre Incorporated, 580 Te Atatu Road, Te Atatu Peninsula	39

Ngā kaihaina

Signatories

Authors

Michelle Knudsen - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Henderson-Massey Local Board

16 February 2021

Review of expressions of interest and new community lease to E Tipu E Rea Whānau Services, 247 Edmonton Road, Te Atatu South

File No.: CP2021/00338

Te take mō te pūrongo

Purpose of the report

1. To review the expressions of interest applications to occupy the first floor of the council owned building located at 247 Edmonton Road, Te Atatu South and consider the granting of a new community lease to E Tipu E Rea Whanau Services.

Whakarāpopototanga matua

Executive summary

2. On 13 August 2020, Auckland Council invited expressions of interest from community groups and organisations interested in leasing the top floor of the council owned building located at Lloyd Morgan Lions Club Park, 247 Edmonton Road, Te Atatu South. Five applications were received.

3. An analysis and assessment of all the applications was undertaken by staff. The results of the assessment indicated E Tipu E Rea Whānau Services attained the highest score. The highest scoring applications were shortlisted and discussed with the Henderson-Massey Local Board at a workshop held on 24 November 2020.

4. The property sited at 247 Edmonton Road, Te Atatu South is described as Lot 38 DP 37137 – 1.1938 hectares – Part NA203/7 (cancelled) and held in fee simple by the Auckland Council as a classified local purpose (community buildings) reserve.

5. With the classification of the land there are no requirement to publicly notify the granting of the lease. Iwi engagement will be required in terms of section 4 of the Conservation Act 1987.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) approve a new community lease to E Tipu E Rea Whānau Services for the upper floor area 180 square metres (more or less) on part of Lloyd Morgan Lions Club Park, 247 Edmonton Road, Te Atatu South, described as Lot 38 DP 37137 – 1.1938 hectares – Part NA203/7 (Cancelled), Attachment A, on the following terms and conditions:

i) term – five years with one five year right of renewal

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

iii) maintenance fee - $500 plus GST per annum

iv) provision of a community outcomes plan as approved by Henderson-Massey Local Board members and attached to the lease document

v) all other terms and conditions of the proposed new community lease be in accordance with the Auckland Council Community Occupancy Guidelines 2012 and Reserves Act (1977).

b) request that staff engage with mana whenua to seek their views on the proposed community lease prior to the granting of a lease to E Tipu E Rea Whānau Services for the upper floor area on part of Lloyd Morgan Lions Club Park, 247 Edmonton Road, Te Atatu South.

Horopaki

Context

6. This report considers the recommendation for a new community lease following an expressions of interest process for the leasing of the top floor of the council owned building located at 247 Edmonton Road, Te Atatu South.

7. The Henderson-Massey Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

The Land

8. The land is described as Lot 38 DP 37137 – 1.1938 hectares – Part NA203/7 (cancelled) and held in fee simple by the Auckland Council as a classified local purpose (community buildings) reserve.

9. Any new lease to E Tipu E Rea Whānau Services should be granted pursuant to Section 61 (2A) of the Reserves Act. Lot 38 is currently held as local purpose reserve that allows the proposed activities to take place.

10. With the classification of the land there is no requirement to publicly notify the granting of the lease. Iwi engagement will be required in terms of section 4 of the Conservation Act 1987.

The Facility

11. The vacant top floor comprises office space, toilet facilities, an open reception area and kitchen.

12. A building assessment and scope has been undertaken and repairs and maintenance work are completed. The top floor is in a suitable condition to lease.

Expressions of Interest Process

13. Public notification calling for expressions of interest to lease the top floor were placed in the Western Leader on 13 August 2020.

14. Notice was also forwarded to those groups listed on the community leasing interest register who indicated an interest in leasing buildings and/or land in the Henderson-Massey Local Board area.

15. Viewings were to be held on 19 and 21 August 2020. Due to lockdown restrictions, viewings were re-scheduled to 9 and 11 September 2020 and the closing date for applications was extended to 2 October 2020. Five groups attended and staff were on-site to answer questions.

16. To be eligible for a community lease at this site, community groups should:

· be an incorporated society or charitable trust providing social services; to align with the intended Kaupapa of the building

· meet the criteria prescribed in the Auckland Council Community Occupancy Guidelines 2012

· ideally, based and working in the Henderson-Massey community

· be able to identify positive community outcomes that will occur as a result of the proposed tenancy

· be able to specify how the services or programs offered align with the objectives in the Henderson-Massey Local Board Plan 2017

· ideally, be able to optimise the use of the council facility.

Applicants

17. At the close of the expressions of interest process, applications from five of the following community groups were received:

· Royal New Zealand Plunket Trust

· Auckland Malayali Indu Samarjam

· Tu Wāhine Trust

· E Tipu E Rea Whānau Services (formerly known as Thrive Teen Parent Support Trust)

· Care Waitakere

18. All five applicants met the qualifying criteria outlined in the Auckland Council Community Occupancy Guidelines 2012.

Assessment of Applications

19. The analysis and assessment of applications was undertaken by the Strategic Broker and Community Lease Specialist at two meetings held on 15 and 21 October 2020.

20. All five applicants were assessed using a tool to rate a range of criteria including:

· the alignment with local board plan outcomes

· identified need and conversely, existing service provision in the locality

· organisational structure

· evidence of sound financial management

· partnership opportunities

· hours of use and staff numbers

· sharing opportunities.

21. E Tipu E Rea Whānau Services attained the highest score from the analysis and assessment of applications. A workshop with the Henderson-Massey Local Board was held on 24 November 2020 to discuss the findings. Henderson-Massey Local Board is focused on building strong and meaningful relationships with local Māori to ensure that Māori needs and aspirations are understood.

Overview of applicants

Royal New Zealand Plunket Trust

22. Plunket was established in 1907 and is a charitable trust. Its objectives are: -

· to provide every child/tamariki with the opportunity to be healthy and well by delivering co-ordinated health, community and social services to families/ whānau hānau and children/tamariki

· to build the confidence and knowledge of families/ whānau so that children/tamariki are raised in healthy, nurturing and supportive environments

· to build connections within communities, and with other service providers, to assist families/ whānau in accessing Plunket services to assist in improving the health and well-being of children/tamariki of those families/whānau

23. Plunket is currently utilising council owned spaces in Te Atatu South and Henderson and requires extra space to meet the demands of the growing population and client visits and to work alongside like-minded providers.

24. Plunket is a nationwide service that sees more than 85 per cent of new-born babies and their whānau through to the age of five. Plunket does not have membership and its services are accessible to all, regardless of race, age, or gender.

25. Plunket are committed to giving every New Zealand child the best possible start in life. To achieve this vision, Plunket has three overarching strategic goals: healthy tamariki, confident whānau and connected communities.

26. Plunket aim to become a cohesive and great national organisation grounded in evidence and best practice, with the needs of New Zealand families and whānau at the very centre of everything Plunket do.

27. In its application, Plunket indicated its desire to increase its engagement and services with the changing needs of the community. The proposed space would be a hub where people are welcomed and supported through the delivery of Plunket services. The location would enable additional services to be offered and the ability to continue to strengthen relationships with other providers.

28. Plunket’s strategy is aimed at focusing on the most vulnerable clients and working alongside Community Alcohol and Drug Services, maternal mental health and other community providers to enhance positive health outcomes for the community. The proposed site would be utilised 40 hours per week and include well child clinics, new baby consultations and group sessions.

Auckland Malayali Hindu Samarjam

29. Auckland Malayali Hindu Samarjam was established in 2017 as a non-profit organisation and registered as a charitable trust under the Charities Act 2005 in April 2020. Its objectives are:

· to preserve and promote the Hindu cultural heritage of India and Kerala

· celebrate major Hindu festivals of Kerala in Auckland

· to advance the education of the Malayali Hindu culture and language for the benefit of the New Zealand public.

30. Auckland Malayali are currently located in Mount Roskill and require a space to conduct its regular community related activities and other charitable work.

31. In its application, Auckland Malayali indicated it would like to be the first organisation in Auckland to maintain, preserve, promote and celebrate its rich ethnic culture, heritage, language and festivals and meet its social and spiritual needs and requirements.

32. Auckland Malayali has an excess of 500 members all of whom are volunteers who provide services for community events, celebrations and meetings through assimilating and co-operating with the wider New Zealand community.

33. Auckland Malayali provide activities which are socio-cultural in nature with an emphasis on building capacities with the community for educational needs of poor children, help and support for victims of family violence and child abuse, social support to aged individuals, community activities and mentoring services.

34. Auckland Malayali is willing to share the facility with upcoming, growing and established community groups and non-governmental organisations and to work collaboratively with various nationalities and ethnic communities in New Zealand including government organisations.

Tu Wāhine Trust

35. Tu Wāhine were established in 1987 and registered as an independent trust in 1991 and provides services for Māori women and children who are affected by sexual abuse and related violence.

36. Tu Wāhine Trust had a legacy lease with Waitakere City Council commencing 1 November 2000 to occupy the top floor. The trust surrendered its lease and entered into a new community lease for the ground floor commencing 15 August 2017 to 14 August 2027.

37. At the time, the extra space on the ground floor alleviated the limited space issues experienced on the top floor and enabled the trust to increase its capacity and capability to continue to serve the on-going needs of its community.

38. In its application, Tu Wāhine indicated they could only provide for 38 per cent of referrals due to the limited space to develop group programmes. The proposed space would allow for expansion of its programmes and staff and include the development of relationships with other services conducive to kaupapa Maori.

39. The trust is committed to: -

· providing a service for Māori women and children who are affected by sexual abuse and related violence

· providing a service which operates from a Māori cultural and philosophical perspective. Consistent with this perspective are the principles of holistic healing incorporating Te Taha Wairua (spiritual), Te Taha Hinengaro (mental), Te Taha Whanau (family) and Te Taha Tinana (physical wellbeing)

· to advocate at local and national levels on issues relating to violence against women and to network with other women’s and community groups to promote the work of the trust.

40. Tu Wāhine provide a government funded service consistent with Maori healing for victims/survivors of all forms of violence towards whānau and the developing of projects for primary prevention.

41. Tu Wāhine share its premises with Korowai Tumanako who provide a mens group for perpetrators of violence and their whānau. Both groups work with the same whānau and the relationship is complimentary and respectful of each other’s kaupapa.

42. In its application, Tu Wāhine wish to continue working with Koriwai Tumanako and is willing to work with other like-minded services.

E Tipu E Rea Whānau Services (formerly known as Thrive Teen Parent Support Trust)

43. E Tipu E Rea Whānau Services was incorporated under the Charitable Trusts Act 1957 on 22 September 2010 and registered as a charitable entity under the Charities Act 2005 on 4 October 2010. Its purpose is to support young parents to create positive outcomes for themselves, their children and the wider whānau. E Tipu will achieve this by:

· working with teen parents and their families to provide accessible services, programmes and opportunities that promote good outcomes and well being

· facilitating connectedness by creating youth friendly, supportive environments

· providing initiatives for the children of teen parents to promote healthy child development and positive parent-child relationships.

44. E Tipu previously leased premises in Henderson. Due to inadequate space and a set of stairs that were proving to be unsafe for whānau, the lease was not renewed. E Tipu has no permanent office site and is providing its services from a residential location while looking for suitable premises.

45. E Tipu was established following the successful implementation of a teen parent project at Auckland Women’s Centre and are committed to empowering whānau and working collaboratively with agencies and services to support those who need it most. E Tipu provide a comprehensive one on one wrap around service for teen parents and new parents facing challenges ranging from Oranga Tamariki (care and protection) to connecting with lead maternity carers, securing housing, accessing pūtea, training and education.

46. Membership is restricted to clients who access the service and over 136 whānau have been supported in the Henderson-Massey area. The kaupapa of the service follows and embraces Tikanga Māori me ona rea and is designed to give longer term, more intensive ongoing youth centered, Kaupapa Māori based support for the predominantly Māori clients who access the service.

47. E Tipu work to strengthen and uplift young parents and families and has a sound reputation in working positively to build strong and healthy relationships with mātua taiohi, their pepi and whanau.

48. In its application, E Tipu indicated it would utilise the space 40 plus hours per week, Monday to Friday and on weekends. E Tipu in collaboration with Te Arataki Ki Te Ao Marama aims to continue to deliver contracted and non-funded services and initiatives with the aim of empowering, connecting and building the whānau and wāhine Māori to be impactful and purposeful in their pursuit of attaining and maintaining their tino rangatiratanga.

49. E Tipu plan to have a range of different workshops available to support growth in pregnancy, parenting, identity, whakapapa, and ensure therapeutic support services are available.

Care Waitakere

50. Care Waitakere were established in 1999 and has been a registered charitable trust since April 2000. Its purpose is: -

· to demonstrate the Trust’s values in practical and relevant ways in Te Atatu Peninsula and the wider Waitakere area

· to establish and maintain service, centre, programmes and facilities to provide appropriate community social services including (but not by limitation) counselling services, budgeting services, family support services, therapeutic seminars, educational programmes addressing life issues, support and therapy groups for specific needs and training and professional development programmes to equip others in people-helping professions.

· to act as a credible and competent community service agency.

· to network with other agencies and refer clients on to appropriate specialist services as required.

51. Care Waitakere is currently operating from 64 Waipani Road, Te Atatu Peninsula and will need to vacate in June 2024 when the site is re-developed. Care Waitakere continue to grow and expand, and more space is required to include more staff and resources to better support the community.

52. Care Waitakere’s vision is to see that the community is safe, connected, resourced and thriving by providing compassionate, affordable and professional social services which enhance the wellbeing of the community. Services include a free budgeting mentoring service, advocacy, family support, social work, community foodbank, groups for children, young people and adults and free or affordable counselling for people of all ages (93 per cent of counselling is offered to the community free of charge).

53. Care Waitakere has an experienced team of child therapists available to support children and adolescents and has a contract with Oranga Tamariki to provide counselling services to vulnerable families, including support for families experiencing and recovering from domestic violence. A second contract provides financial mentoring services.

54. In its application, Care Waitakere stipulated the facility would be utilised 40 plus hours per week for counselling, family support and budgeting, with the offer of rooms for hire to other therapists.

Tauākī whakaaweawe āhuarangi

Climate impact statement

55. 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.

56. The site at 247 Edmonton Road, Te Atatu South is not an area predicted to be a flood plain area or flood prone area.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

57. In compiling the recommendations contained herein staff have obtained input from colleagues in Parks Sports and Recreation, Arts, Community and Events and Operational Management and Maintenance. No concerns were raised regarding this proposal.

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

59. The report recommendation for the most suitable group is based on the objective analysis of the applications, that include local board plan criteria, local need, councils Auckland Council Community Occupancy Guidelines 2012 provisions and the assessment of information provided by each applicant.

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

Local impacts and local board views

60. On 24 November 2020 the two highest scoring groups from the staff analysis were shortlisted and discussed with the local board to identify a preferred tenant group.

61. The Auckland Council Community Occupancy Guidelines 2012 recommends a lease term for council-owned land and/or buildings of five years with one further five year right of renewal.

62. The standard terms and conditions presented in the Auckland Council Community Occupancy Guidelines July 2012 form the basis for staff recommendations. Local boards may, at their discretion, choose to vary from these recommendations on a case-by-case basis, as they deem appropriate.

Tauākī whakaaweawe Māori

Māori impact statement

63. Delivery on Auckland Council’s commitment to Māori at a local level is a priority for local boards. Henderson-Massey Local Board is focused on building strong and meaningful relationships with local Māori to ensure that Māori needs and aspirations are understood.

64. Subject to the granting of a lease to E Tipu E Rea Whānau Services, engagement with Mana Whenua is required to seek their views on the proposed community lease.

65. A community outcomes plan will be developed to include activities that support Māori outcomes and Auckland Council’s commitment to meeting its responsibilities under Te Tirtiti o Waitangi and its broader legal obligations to Māori.

Ngā ritenga ā-pūtea

Financial implications

66. Rent will be $1.00 plus GST per annum and the maintenance fee will be $500 plus GST per annum.

67. The Lead Financial Advisor for the Henderson-Massey Local Board has indicated there are no other financial implications.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

68. If the Henderson-Massey Local Board resolve not to grant the new lease the council-owned building will remain vacant which in turn will have a negative impact on the desired local board outcomes.

69. Buildings that are left vacant are more susceptible to vandalism.

Ngā koringa ā-muri

Next steps

70. Subject to the Henderson-Massey Local Board granting a community lease council staff will work with key representatives to finalise the lease agreement.

71. A community outcomes plan will be negotiated with E Tipu E Rea Whānau Services, subject to iwi engagement. The community outcomes plan will be approved via a memorandum to the Henderson-Massey Local Board.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site map of Lloyd Morgan Lions Club Park, 247 Edmonton Road, Te Atatu South	49

Ngā kaihaina

Signatories

Authors

Michelle Knudsen - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Henderson-Massey Local Board

16 February 2021

Licence to occupy and community lease to Triangle Park Community Teaching Garden Charitable Trust, 385 Don Buck Road, Massey

File No.: CP2021/00345

Te take mō te pūrongo

Purpose of the report

1. To grant a licence to occupy and community lease to Triangle Park Community Teaching Garden Charitable Trust located on part of Triangle Park, 385 Don Buck Road, Massey.

Whakarāpopototanga matua

Executive summary

1. Triangle Park Community Garden Charitable Trust currently has a memorandum of understanding which was agreed with the legacy Waitakere City Council for a community garden located at Triangle Park. The initial period of tenure is ten years commencing 3 May 2011 with a further renewal period to be determined by council. The memorandum was revised in December 2012 with the inclusion of a food forest area.

2. The occupation by the community garden requires a formalised agreement by way of a licence to occupy for the garden and a community lease for the storage container and water tank.

3. The garden straddles two parcels of land at Triangle Park. Lot 31 DP 74830 is classified Local Purpose (community buildings) reserve and subject to the Reserves Act 1977. Part Lot 1 DP 80003 (Sec A SO 66733) is classified recreation ground and subject to the Local Government Act 2002.

4. Under section 138 of the Local Government Act a local authority granting a licence for more than six months must consult on the proposal. Prior to any licence being granted, engagement with mana whenua is also required under section 81 of the Act.

5. With the land being classified as Local Purpose (community buildings) reserve there are no statutory requirement to publicly notify or engage with mana whenua.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) approve a licence to occupy and community lease to Triangle Park Community Teaching Garden Charitable Trust for 1,130 square metres (more or less) on part of Triangle Park, 385 Don Buck Road, Massey, described as Lot 31 DP 74830 and Part Lot 1 DP 80003 (Sec A SO 66733) (Attachment A), on the following terms and conditions:

i) term: five years commencing 16 February 2021 with one five year right of renewal

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

iii) the Triangle Park Community Teaching Garden Charitable Trust Community Outcomes Plan as approved be attached to the community lease document (Attachment B)

iv) all other terms and conditions in accordance with the Auckland Council Community Occupancy Guidelines 2012, the Reserves Act 1977 and the Local Government Act 2002.

Horopaki

Context

6. This report considers the recommendation for a licence to occupy and community lease to the garden trust located at 385 Don Buck Road, Massey.

7. The Henderson-Massey Local Board is the allocated authority relating to local, recreation, sport and community facilities, including licence and lease matters.

Tātaritanga me ngā tohutohu

Analysis and advice

The Land

8. The land is described as:

· Lot 31 DP 74830 and classified local purpose (community buildings) reserve subject to the Reserves Act 1977.

· Part Lot 1 DP 80003 (Sec A SO 66733) is classified recreation ground and subject to the Local Government Act 2002.

9. Under section 138 of the Local Government Act a local authority granting a lease for more than six months must consult on the proposal. Prior to any licence being granted, engagement with mana whenua is also required under section 81 of the Act.

The Garden

10. The well-established L-shaped garden is approximately 1,130 square metres and sits right beside the Massey Community Hub. It is in a high-profile location, close to shopping centres and on a bus route with high foot traffic. The garden consists of vegetables, herbs, flowers and a food forest that was established in 2012 to include fruit trees (Attachment C).

11. The garden trust also has use of a 20-foot shipping container for storage and a 10,000-litre water tank which is situated in the garden area and which requires a community lease as these occupy the land on an exclusive basis.

12. The garden serves the residential areas of Massey, Henderson, Red Hills, Whenuapai and Hobsonville Point with demand for services continuing to grow as the future population of the areas are anticipated to grow from 4,000 to over 40,000 in the next 30 years.

Triangle Park Community Teaching Garden Charitable Trust

13. The garden trust was registered as a charitable trust on 12 May 2016 and its objectives are:

- to establish, operate and promote a sustainable community teaching garden

- to provide equipment and resources to allow members to share their knowledge and skills with members of the community

- to focus on improving the health and wellbeing of the local community by providing the opportunity to grow vegetables using permaculture principles, exchanging labour for food and learning.

14. The garden trust promotes gardening and healthy eating by enabling the local community opportunities to grow food, gain practical gardening knowledge and learn about sustainable living. It has adopted the principles of the Māori whakatauakī-proverb: Nā tō rourou, ka ora ai te iwi – with your food basket and my food basket the people will thrive.

15. The garden trust has one paid part-time staff member and 30 part time volunteers who undertake a total of 68 hours per week to create a beautiful outdoor space for social, educational, community events and activities.

16. The garden trust work closely with the Massey Community Hub to provide workshops, grow volunteer labour contributions, divert and re-purpose waste otherwise destined for landfill, contribute to food parcels and offer free monthly community dinners.

17. The garden is used by other organisations for training purposes throughout the year. The Compost Collective regularly hold workshops and Rutherford College tutors hold pruning workshops. Local kindergartens and schools visit to learn about gardening processes.

18. Under the Auckland Council community occupancy guidelines, the recommended term of lease for an established group on council land is five years with a five year right of renewal.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19. 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.

20. The site at 385 Don Buck Road, Massey is not an area predicted to be a flood plain area or flood prone area.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21. In compiling the recommendations contained herein staff have obtained input from colleagues in the Arts, Auckland Council Customer & Community Services, Operational Management and Maintenance and Parks Sports and Recreation. No concerns were raised regarding the proposed licence and lease to the garden trust.

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

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

Local impacts and local board views

23. The recommendations in this report were workshopped with the local board on 24 November 2020.

24. The recommendation for a licence to occupy and community lease to Triangle Park Community Teaching Garden Charitable Trust supports the Henderson-Massy Local Board Plan 2017 outcomes:

· a network of vibrant and loved urban neighbourhoods

· a thriving local economy that supports quality of life

· communities know each other and work together on common interests

· community facilities are vibrant and welcoming places at the heart of our community.

25. The Auckland Council Community Occupancy Guidelines 2012 recommends a lease term for council-owned land and/or buildings of five years with one further five year right of renewal.

26. The Henderson-Massey Local Board may, at their discretion, choose to vary from these recommendations on a case-by-case basis as they deem appropriate. The guidelines suggest that where a term is varied, it aligns to one of the recommended terms contained in the guidelines.

Tauākī whakaaweawe Māori

Māori impact statement

27. Delivering on Auckland Council’s commitment to Māori at a local level is a priority for local boards. Henderson-Massey Local Board are focused on building strong and meaningful relationships with local Māori to ensure that Māori needs and aspirations are understood.

28. Iwi engagement was undertaken in November 2020 and involved email contact with 11 iwi/hapū who have an interest in the Henderson-Massey area. The email contained detailed information on the land and garden and invited iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural or environmental impacts with respect to the land. No objections were raised.

29. The garden trust board members and volunteers include local Māori residents who are involved in every aspect of decision-making including planning, delivery, events and food support programs.

30. A community outcomes plan will be developed with the garden trust to include activities that support Māori outcomes and Auckland Council’s commitment to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

Ngā ritenga ā-pūtea

Financial implications

31. There are no financial implications to Auckland Council from the granting of a licence and community lease to the garden trust.

32. Rent will be $1.00 plus GST per annum and maintenance of the licence and leased area will be the responsibility of the garden trust.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33. If a licence and community lease is not granted this will inhibit the garden trusts ability to continue to provide its services to the local community.

Ngā koringa ā-muri

Next steps

34. Subject to the Henderson-Massey Local Board granting a licence and community lease, council staff will work with key representatives of the garden trust to finalise the agreements.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site map of Triangle Park, 385 Don Buck Road, Massey	55
b ⇩	Triangle Park Community Teaching Garden Charitable Trust Community Outcomes Plan	57
c ⇩	Triangle Park Organic Garden Evolving plan	59

Ngā kaihaina

Signatories

Authors

Michelle Knudsen - Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Henderson-Massey Local Board

16 February 2021

Public feedback on proposal to amend the Alcohol Control Bylaw 2014

File No.: CP2021/00374

Te take mō te pūrongo

Purpose of the report

1. To seek views on public feedback to the proposal to amend Te Ture ā-Rohe Whakararata Waipiro / the Alcohol Control Bylaw 2014 before a final decision is made.

Whakarāpopototanga matua

Executive summary

2. To enable the local board to provide its views on public feedback to the proposal to amend the Alcohol Control Bylaw 2014, staff have prepared summary and deliberation reports.

3. The Bylaw continues to enable alcohol bans in public places to reduce crime and disorder caused or made worse by alcohol consumed there.

4. The proposal seeks to improve the Bylaw by including new temporary alcohol bans for major events at Rarotonga / Mount Smart Stadium, Waiōrea / Western Springs Stadium, Eden Park and Pukekawa / Auckland Domain, and by making the Bylaw easier to read and understand.

5. Staff recommend that the local board provide its views on public feedback to the proposal, and if it wishes, present those views to the Bylaw Panel. Taking this approach will assist the Panel and Governing Body to decide whether to adopt the proposal.

6. There is a reputational risk that feedback from the local board area is from a limited group of people and does not reflect the views of the whole local board area. This report mitigates this risk by providing local boards with a summary of all public feedback.

7. The Panel will consider all local board and Auckland Domain Committee views and public feedback, deliberate and make recommendations to the Governing Body on 19 March 2021. The Governing Body will make a final decision on 29 April 2021.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) note the public feedback to the proposal to amend Te Ture ā-Rohe Whakararata Waipiro / the Alcohol Control Bylaw 2014 by people from the local board area in this agenda report.

b) provide views on the public feedback in (a) to assist the Bylaw Panel in its deliberations on all public feedback to the proposal.

c) appoint one or more local board members to present the views in (b) to the Bylaw Panel on Friday 19 March 2021.

d) delegate authority to the local board chair to make replacement appointment(s) to the persons in (c) if a member is unavailable.

Horopaki

Context

The Alcohol Control Bylaw enables council to make alcohol bans

8. Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Whakararata Waipiro / the Auckland Council Alcohol Control Bylaw 2014 (Bylaw) aims to help reduce crime and disorder in certain public places caused or made worse by alcohol consumed there.

9. The Bylaw achieves this by providing a framework that enables alcohol bans to be made by resolution of the relevant delegated authorities – the Regulatory Committee, local boards and the Auckland Domain Committee.

10. The New Zealand Police enforce alcohol bans.

Council proposed amendments to improve the Bylaw for public feedback

11. On 24 September 2020 the Governing Body adopted a proposal to improve the Bylaw for public consultation (Item 15, GB/2020/109).

12. The proposal arose from a statutory review of the Bylaw (see figure below).

13. The proposal seeks to better reduce alcohol-related crime and disorder by making:

· new temporary alcohol bans for major events^{^[1]} at four regional venues (Rarotonga / Mount Smart Stadium, Waiōrea / Western Springs Stadium, Eden Park and Pukekawa / Auckland Domain)

· the Bylaw easier to read and understand.

14. The proposal was publicly notified for feedback from 10 October until 13 November 2020. During that period, council received feedback from 881 people.

Decisions leading to the proposal

The local board has an opportunity to provide views on public feedback

15. The local board now has an opportunity to provide its views on public feedback to the proposal by people from the local board area before a final decision is made.

16. Local board views must be provided by resolution to the Bylaw Panel. The local board can also choose to present those views to the Bylaw Panel on 19 March 2021.

17. The nature of the views is at the discretion of the local board. Any views must however remain inside the scope of the proposal and public feedback. For example, the local board could:

· indicate support for public feedback by people from the local board area

· recommend how the Bylaw Panel should address matters raised in public feedback.

Tātaritanga me ngā tohutohu

Analysis and advice

Feedback from people in the local board area supports the proposal

18. A total of 51 people from the local board area provided feedback to the proposal via online and written feedback.^{^[2]} There was majority support for the proposal, similar to the total support from all people who provided feedback.

Percentage support of proposal in the local board area

Proposal	Total support from local board area	Total support from people across Auckland
1A: New temporary alcohol ban for all major events at Pukekawa / Auckland Domain	84 per cent	75 per cent
1B: New temporary alcohol ban for ‘Christmas in the Park’ at Pukekawa / Auckland Domain	81 per cent	75 per cent
1C: New temporary alcohol ban for all major events at Eden Park	72 per cent	72 per cent
1D: New temporary alcohol ban for all major events at Rarotonga / Mount Smart Stadium	77 per cent	78 per cent
1E: New temporary alcohol ban for all major events at Waiōrea / Western Springs Stadium	73 per cent	75 per cent
2: Replace unnecessary clauses with a ‘related information’ note	63 per cent	70 per cent
3: Clarify exceptions to alcohol bans, council’s ability to make temporary alcohol bans, and the Bylaw wording	82 per cent	87 per cent

19. Key themes from feedback from people in the local board area are consistent with key themes from all public feedback. For example, that the proposal:

· reduces alcohol-related crime and disorder and improves public safety

· creates clearer, more efficient and enforceable rules.

20. The full proposal can be viewed in the link. Attachments A to E to this report contain a summary of all public feedback by local board area, all public feedback related to the local board area, ‘Have Your Say’ event feedback, operational and non-bylaw-related feedback and draft Bylaw Panel deliberations report.

Staff recommend the local board provide its views on public feedback

21. Staff recommend that the local board provide its views on the public feedback by resolution, and if it wishes, present those views to the Bylaw Panel on 19 March 2021.

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. The proposal impacts the operation of units across the council group involved in events, processing alcohol ban requests and alcohol ban signage. Those units are aware of the impacts of the proposal and their implementation role.

24. Auckland Unlimited advise Proposal 1E: New temporary alcohol ban for all major events at Waiōrea / Western Springs Stadium also apply to major events held on the outer fields.

25. Community Action on Youth and Drugs (CAYAD) Tāmaki Makaurau, and the Safety Collective Tāmaki Makaurau provided advice including about event implementation that has been circulated to other relevant council units.

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

Local impacts and local board views

26. Local board and Auckland Domain Committee views were sought on a draft proposal in July and August 2020 as they have delegated authority to make local alcohol bans.

27. Nineteen local boards and the Auckland Domain Committee provided views and all supported public consultation on the proposal.

28. Four local boards suggested changes, some of which resulted in updates to the draft proposal (click link to view in 01 September 2020 Regulatory Committee agenda, Item 9).

29. This report provides an opportunity for the local board to give views on public feedback to the proposal by people from the local board area, before a final decision is made.

Tauākī whakaaweawe Māori

Māori impact statement

30. The Bylaw has significance for Māori as users and kaitiaki / guardians of public space. Māori are also over-represented in alcohol-related hospital visits, the criminal justice system and as victims of crime.

31. Māori health advocacy organisations, Te Puni Kōkiri and the Tūpuna Maunga Authority support the use of alcohol bans as a tool to reduce alcohol-related harm.

32. The Tūpuna Maunga Authority provided general feedback on the proposal noting that Tūpuna Maunga are subject to alcohol and smoke-free policy that supports the spiritual, cultural and community significance of the maunga.

33. The majority of people identifying as Māori who provided feedback support the proposal. This is consistent with the overall percentage of public feedback in support.

Ngā ritenga ā-pūtea

Financial implications

34. There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

35. There is a reputational risk that feedback from the local board area is from a limited group of people and does not reflect the views of the whole local board area. This report mitigates this risk by providing local boards with a summary of all public feedback.

Ngā koringa ā-muri

Next steps

36. The Bylaw Panel on 19 March 2021 will consider all formal local board and Auckland Domain Committee views and public feedback, deliberate, and make recommendations to the Governing Body. The Governing Body will make a final decision on any amendments to the Bylaw on 29 April 2021.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Summary of public feedback	67
b ⇩	Public feedback from people in the Henderson-Massey Local Board area	95
c ⇩	'Have Your Say' event feedback	301
d ⇩	Operational and non-bylaw-related feedback	303
e ⇩	Draft Bylaw Panel deliberations report	305

Ngā kaihaina

Signatories

Authors

Elizabeth Osborne - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

Henderson-Massey Local Board

16 February 2021

PDF Creator

[1] In Council’s Events Policy, major events have a regional, national and international profile.

[2] Local board information on people who gave feedback at ‘Have Your Say’ events is unknown.

Chairperson	Chris Carter
Deputy Chairperson	Will Flavell
Members	Brenda Brady, JP
	Peter Chan, JP
	Matt Grey
	Brooke Loader
	Vanessa Neeson, JP
	Ingrid Papau

Authors	Brenda Railey - Democracy Advisor
Authorisers	Adam Milina - Local Area Manager