Agenda of Howick Local Board - Monday, 15 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.

4 Confirmation of Minutes

That the Howick Local Board:

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

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 Howick 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 Advocating for improved skatepark facilities in the Howick Local Board area

Te take mō te pūrongo

Purpose of the report

1. Aaron Martin, from East Skate Club Incorporated will be return to provide the local board with progress he has been making since his introduction to the local board at their December 2020 meeting. The club’s intention is to continue to engage with the local board on behalf of the skateboarding community for improved skatepark facilities in the Howick Local Board area.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) receive the deputation from the Aaron Martin and thank him for his attendance.

8.2 Citizens Advice Bureau Pakuranga update to the Howick Local Board

Te take mō te pūrongo

Purpose of the report

1. Angela Guptill, on behalf of the Citizens Advice Bureau in Pakuranga will be in attendance to introduce herself to the Howick Local Board and provide an update on the Citizen Advice Bureau’s statistics for Pakuranga and Botany.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) receive the deputation from the Angela Guptill 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.

9.1 East Auckland Tourism six-monthly update to Howick Local Board

Te take mō te pūrongo

Purpose of the report

1. Annette Smart on behalf of East Auckland Tourism will be in attendance to present their six-monthly update to the local board.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) receive the presentation and thank Annette Smart for her attendance.

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.”

Howick Local Board

15 February 2021

Land owner approval for Fletcher Residential Limited works within 231 Flat Bush School Road, Flat Bush

File No.: CP2021/00757

Te take mō te pūrongo

Purpose of the report

1. To consider the application for land owner approval received from Fletcher Residential Limited (FRL) to construct a stream crossing (bridge) and build three communal raingardens within 231 Flatbush School Road, Flat Bush.

Whakarāpopototanga matua

Executive summary

2. Fletcher Residential Limited have requested land owner approval to construct a stream crossing (bridge) between Lots 4 & 5 DP 530121, and three communal raingardens to be located within 231 Flat Bush School Road, legally described as Lot 1 DP 530121 (referred to as Lot 1 throughout the report).

3. 231 Flat Bush School Road, Flat Bush is owned by the council. The land at Lots 4 & 5 is in the process of being sold to the crown by Auckland Council (Panuku Development Auckland). FRL is entering into an agreement with the Crown to develop Lots 4 & 5 to build 163 homes. A condition of the agreement is that FRL will construct the proposed stream crossing between the sites.

4. Fletcher Residential Limited have previously received land owner approval and resource consent to occupy a portion of Lot 1 and undertake earthworks activities. FRL’s resource consent applications requires they provide shared paths and landscaping to mitigate the works.

5. As part of the resource consenting process, Auckland Transport and Healthy Waters have shown a preference for stormwater discharges to be managed by communal raingardens. The proposed raingardens would be located within Lot 1.

6. Lot 1 is currently undergoing the development of a concept plan to become the ‘Ostrich Farm Sports Park’. Two raingardens would be located outside of the area of the sports park. The third raingarden would be within the ‘local park’ area of the sports park concept plan.

7. Staff do not object to the bridge or the communal raingardens. The proposed raingardens and associated paths and landscaping could increase activation of areas of the park that may not be used otherwise.

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

a) approve the application for land owner approval from Fletcher Residential Limited to construct a stream crossing (bridge) at 231 Flat Bush School Road, Flat Bush, legally described as Lot 1 DP 530121 (as outlined in Attachment A to the agenda report).

b) approve the application for land owner approval from Fletcher Residential Limited to construct a communal raingarden within 231 Flat Bush School Road, Flat Bush, legally described as Lot 1 DP 530121, associated with stormwater discharges from Lot 4 DP 530121 (as outlined in Attachment B to the agenda report).

c) approve the application for land owner approval from Fletcher Residential Limited to construct two communal raingardens within 231 Flat Bush School Road, Flat Bush, legally described as Lot 1 DP 530121, associated with stormwater discharges from Lot 5 DP 530121 (as outlined in Attachment C to the agenda report).

d) delegate approval of detailed design to Parks, Sport and Recreation and Community Facilities once received.

Horopaki

Context

8. Fletcher Residential Limited are requesting land owner approval to construct a stream crossing between Lots 4 & 5 will and three communal raingardens to be located within 231 Flat Bush School Road, legally described as Lot 1 DP 530121 (referred to as Lot 1 throughout the report).

9. Auckland Council owns the site at 231 Flat Bush School Road, Flat Bush. The land has been subdivided to create three lots, shown in Figure 1 as Lots 1, 4 & 5 DP 530121.

Figure One: Aerial map showing the location of Lots 1, 4 & 5 DP 530121 with the location of the Ostrich Farm Sports Park superimposed.

10. Fletcher Residential Limited has previously obtained land use consent to carry out earthworks (LUC60351070) within Lots 1, 4 & 5. To enable the earthworks FRL obtained land owner approval to occupy a portion of Lot 1 for six months. The occupation includes:

· earthworks to create new levels on Lots 4 & 5

· sediment and erosion control measures

· stabilised site access

· site security (temporary fencing)

· laydown of equipment and materials

· construction of stormwater pipes and outlets.

11. As part of FRL’s resource consents for Lot 4, they are required to construct a 3m wide shared path and low-level planting and the planting of specimen trees within Lot 1. The shared path will be located around the western boundary of Lot 4. The shared path and landscaping design is shown as shown as Option 1 in Attachment D.

12. Similar works will be required for Lot 5 which is currently undergoing the resource consent process. A shared path is proposed to be located on the eastern boundary of Lot 5, partially within Lot 1, as detailed in Attachment E.

13. Figure Two shows the location of proposed shared paths within Lot 1 if there are no raingardens.

Figure Two: GIS map showing locations of proposed shared path within Lot 1 (in orange).

Proposed works

Stream crossing

14. The applicant is proposing to extend Ballinabreen Road from Lot 4 to Lot 5 which will include the construction of a bridge over the stream.

15. Lots 4 & 5 are accessed through the existing roading infrastructure. Lot 4 will be accessed off Kilcadden and Ballinabreen Roads to the east of the lot. Lot 5 will be accessed off the newly formed Murphys Park Drive to its south.

16. The applicant has applied for resource consent for the stream crossing and will require engineering plan approval and building consent prior to beginning construction.

17. Fletcher Residential Limited has also applied for consent to construct a temporary stream crossing (BUN60370970).

Communal raingardens

18. Fletcher Residential Limited has proposed to manage stormwater runoff from the developments by having pre-cast raingardens within the road berms, which has previously been accepted throughout the Flat Bush area.

19. Auckland Transport and Healthy Waters have raised concerns with the in-berm raingarden option as part of the Resource Management Act s92 request for the Lot 4 resource consent application. These concerns relate to ongoing maintenance of the rain gardens and the low survival rate of raingarden planting.

20. Fletcher Residential Limited has reassessed stormwater management from the site and is proposing to manage stormwater from the site through three communal rain gardens located within Lot 1 (proposed locations are shown in Figure Three). The catchments that each raingarden will serve are shown in Figure Four.

21. Fletcher Residential Limited are proposing to add landscaping, pathways and recreational features around each raingarden to add amenity.

22. Following completion the road will be vested to Auckland Transport.

Figure Three: GIS map showing locations of proposed raingardens transposed on the concept plan for Ostrich Farm Sports Park

23. Stormwater discharges from Lot 4 would discharge to a communal raingarden located to the north of the site and on the eastern side of the stream as shown in Figure Three.

24. The other two stormwater raingardens are proposed to service discharges from Lot 5, the sports park and the extension of the park-edge road to Flat Bush School Road. Raingarden 2 is located on the eastern side of the park road and is outside of the extent of the sports park.

25. Raingarden 3 is located inside the extent of the sports park but would be outside of the playing fields.

26. A preliminary landscaping design for the raingarden 1 is shown in Attachment B. A similar landscaping design using similar principals will be developed for raingardens 2 and 3 under consultation with the Project Manager and Parks, Sport and Recreation staff.

Figure Four: Plan showing the catchments that each raingarden will service

Tātaritanga me ngā tohutohu

Analysis and advice

Site details

27. The council-owned land within 231 Flat Bush School Road is legally described as Lot 1 DP 530121 and held in fee simple by the Auckland Council under the Local Government Act 2002.

28. The area of 231 Flat Bush School Road to become the sports park is zoned as ‘Open Space – Sport and Active Recreation’ under the Auckland Unitary Plan. The remaining area to the west is zoned ‘Residential – Mixed House Urban’.

29. The land at 231 Flat Bush School Road is not currently in service and is managed by Panuku Development Auckland (Panuku). Currently, Panuku manage an operating grazing licence which has a provision to surrender parts of it to provide for the development of the site. Eventually, a portion of Lot 1 will become the Ostrich Farms Sports Fields.

30. The Crown has a conditional agreement with Auckland Council (Panuku Development Auckland) to purchase Lots 4 & 5 for residential land development. FRL is in the process of entering into an agreement with the Crown to develop Lots 4 & 5 to build 163 homes, of which 51 will be sold under the KiwiBuild Scheme.

31. As a condition of FRL’s agreement with Panuku, they are required to construct the extension of Ballinbreen Road between Lots 4 & 5 and a park edge road on the western edge of Lot 5.

32. Lot 1 is not currently accessible to the public so the proposed works will not have any impacts to the public during construction.

Proposed stream crossing (bridge)

33. No staff have raised concerns related to the proposed stream crossing/bridge.

34. The proposed bridge has been considered since the Flat Bush Structure Plan which was developed in 2002.

35. The site is shown in Map ‘I412.10.2. Flat Bush: Precinct plan 2 – Road Network’ of the Auckland unitary plan as a “Collector Road Park Edge with Bridge”

36. An ecological assessment has been provided to the Streamworks Specialist within the resource consents and it will be assessed as part of the resource consent process.

37. Vegetation removal relates to the removal of grassland and weed vegetation. No trees are to be removed.

38. The bridge structure will not alter the location, flow or width of the existing stream.

Options analysis

39. The options for the Howick Local Board are to approve or decline the application. The advantages of approving the application are listed below:   

· the stream crossing will provide a roading connection between the adjoining blocks of land increasing the connectivity throughout the Flat Bush area

· the crossing has been considered as part of the Flat Bush Structure Plan since 2002

· the stream crossing is a requirement of the agreement between Panuku and FRL to buy the land.

Communal rain gardens

40. Staff will work with the applicant to ensure sufficient features are provided and the raingardens are regularly maintained to ensure the raingardens provide an additional recreation and amenity area that activates a part of the reserve that may not be used frequently.

41. Wetland ponds (Raingardens) are not permanently water-filled ponds but rather soakage and naturalised filtration gardens with wetland planting.

42. The senior project manager states there are no plans for the areas where raingardens 1 and 2 are proposed to be located and they will not change the concept plans for the sports park.

43. Raingarden 3 is proposed outside the playing field area which is the first stage of works for the Ostrich Farm Sports Fields. The local park area is the second stage of development of the park. The raingarden could be incorporated into the local park design although this would incur some costs to council to redesign.

44. Healthy Waters have confirmed their preference for stormwater to be managed by a rain garden device in preference to on-street rain gardens. The on-street raingardens increase costs to council and have a low survival rate for vegetation.

45. The centralised rain gardens would be vested to Healthy Waters who would have ongoing responsibility for their maintenance.

46. The location of the stormwater device would be flexible to allow it to fit in with the sports park plan, provided it is downhill of the development.

Options analysis

47. The options for the Howick Local Board are to:

· no permanent works

o this option is not supported by staff as there would be no amenity benefits to the public from the proposed shared paths and landscaping

· approve the shared path and landscaping, shown as Option 2 in Attachment D and E

o this option is supported by staff as it would increase recreational walkway available, improve visual amenity, increase ecological value and provide activation to parts of the reserve that may not be used by the public otherwise

· approve the communal gardens with associated shared path and landscaping raingardens as Option 1 in Attachment B and C

o this is the preferred option as this option would have the same benefits as Option 1

o the loss of public land would be offset by the increased amenity proposed by the applicant.

o the communal raingardens would be supported by staff as it would provide amenity benefits to the public and would provide activation to parts of the reserve that may not be used by the public

o in-berm raingardens are not supported by Healthy Waters and Auckland Transport as their increased ongoing maintenance costs and the low survival rate of rain garden planting.

· the applicant would work with staff to develop concept plans for raingardens 2 and 3, related to the discharges from Lot 5.

Tauākī whakaaweawe āhuarangi

Climate impact statement

48. The proposal is anticipated to have a potential increase in emissions related to the change in land use within Lot 4 & 5 and the construction of new roading infrastructure.

49. The proposal is located within a developing residential area.

50. As well as providing new roading infrastructure, active transport is also proposed through the development of the shared paths. Landscape planting is also proposed.

51. The proposal seeks to manage stormwater discharges from the developments through the use of communal raingardens. Two unnamed tributaries of the Otara Creek flow through the site from the south to north. These tributaries are shown as flood plains and flood prone areas.

52. The site is not subject to coastal inundation.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

53. Staff from Parks, Sports and Recreation, landscape architecture, resource consents, project delivery, healthy waters, development engineering and area operations were consulted and support the proposals. 

54. The proposal is supported by Panuku. Panuku have been negotiating with FRL regarding the sale of Lots 4 & 5. A requirement of the agreement is the providing of the stream crossing and a park edge road.

55. The proposal is subject to receiving resource, building consents and engineering plan approvals. The proposal may change as consultation with the regulatory teams progresses.

56. Auckland Transport (AT) will be required to take on the stream crossing and a park edge road as an asset. Initial feedback from AT was that the stream crossing would be accepted provided that final design details were accepted at engineering plan approval stage.

57. A summary of regulatory approvals for the site are:

· earthworks consent (LUC60351070) has been granted for works within and Lots 1, 4 & 5. Howick Local Board has given their support for land owner approval for the occupation of Lot 1 and for temporary works.

· land use and subdivision consent (BUN60353082) for works within Lot 4. This work involves the construction of the shared path within Lot 1 and runs around the western boundary of Lot 4.

· Fletchers Residential Limited have applied for land use and subdivision consent (BUN6036947) for works within Lot 5. This will also involve the development of a shared path on the eastern boundary, within Lot 1, and a park road on the western boundary within the FRL’s site. Landscape design will be developed as part of the resource consenting for communal raingardens if supported by the local board.

· Fletchers Residential Limited have applied for consent to construct a stream crossing (bridge) between Lots 4 & 5 (BUN60369243). Engineering plan approval and building consents will be required.

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

Local impacts and local board views

58. In December 2020 the Howick Local Board member delegated to consider applications for land owner approval was consulted and supported the granting of approval for the occupation of Lot 1 and for temporary works, and that the proposal for permanent works be approved at a board meeting.

59. The application is consistent with and supports the Howick Local Board Plan 2020:

· Outcome two: Well-planned public spaces that support active, healthy and sustainable lifestyles

o The proposed shared path will encourage active recreation for the new residents in Flat Bush. The developments are in line with the council’s long term development plans including the Flat Bush Structure Plan 2002.

· Outcome four: Our natural environment is protected, restored and enhanced

o The proposed communal rain gardens provide a stormwater treatment and retention device to manage the stormwater before it enters the tributary of Otara Creek.

· Outcome six: Effective and accessible transport choices

o The proposal includes shared paths to encourage active travel and recreation.

60. The proposed shared walkway is shown as a proposed route in the Howick Walking and Cycling Network Plan 2018 (See figure 12 within the plan).

61. The proposed shared path and planting will improve amenity.

Ostrich Farm Sports Park

62. Three concept options, as shown in Figure Five, for the Ostrich Farm Sports Park were publicly consulted in August 2019. Option 1 was eliminated as it had the strongest impact on the natural setting of the site

63. Following the public consultation a workshop was held with the Howick Local Board in September 2019 where Option 3 was preferred.

64. A refined concept plan was to be presented to the local board at a workshop on 28 January 2021.

Figure Five: Concept plan options consulted for Ostrich Farm Sports Park

Tauākī whakaaweawe Māori

Māori impact statement

65. Fletcher Residential Limited’s Stakeholder engagement team has contacted local iwi regarding the proposal. Te Akitai Waiohua and Ngati Maru deferred to Ngai Tai ki Tamaki. Representatives from Ngai Tai have met onsite with the applicant and have also conducted a blessing on-site at the start of September. The applicant will continue ongoing input with Ngai Tai including specific consultation on road naming, direction on planting, and adding “story sticks” to the future shared path which will include stories/history from the area specific to Ngai Tai. 

66. 231 Flat Bush School Road is not shown as a site and place of significance to mana whenua. 

Ngā ritenga ā-pūtea

Financial implications

67. The proposal will not result in any financial costs to the Howick Local Board.

68. Healthy Waters will be responsible for maintenance of the communal raingardens if approved. Healthy Waters have said that the maintenance costs of the communal raingardens will be lower than if in-berm raingardens are provided.

69. The senior project manager says that the communal raingarden shown as raingarden 3 in Figure Three will require a minor alteration to the existing concept designs. This area is part of the ‘local space’ area which is part of the second stage of the Ostrich Farm Park works. The costs of the redesign will be borne by community facilities.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

70. If the application for the stream crossing is declined, connectivity within the Flat Bush area would decrease as the proposed road connection has long been considered.

71. It is recommended that the local board approve the application, as the proposed raingardens are the preferred method of managing stormwater from the proposed developments at Lots 4 & 5. The risks and mitigations for approving the raingardens are shown in Table One.

Table One. Identified risks of approving the application

Risk	Mitigation	Risk rating
Loss of public space	Communal raingardens 1 and 2 are located outside of the area proposed for the Ostrich Farm Sports park. The project manager and landscape architect consider the proposed raingardens if sufficient facilities are provided to activate portions of the reserve for recreational activities. Facilities will be designed in consultation with council staff.	Low
Increased maintenance of communal raingardens	Healthy Waters have identified communal raingardens as requiring less ongoing maintenance then in-berm raingardens.	Low

Ngā koringa ā-muri

Next steps

72. If the Howick Local Board approves the application for land owner approval, council staff will issue a land owner approval letter with relevant conditions to mitigate any potential adverse effects.  

73. The applicant will work with council staff to develop concept plans for the raingardens associated with the Lot 5 development.

74. Final designs will be approved by staff under delegation. The board will be consulted as part of the design process.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Stream crossing engineering drawings	25
b ⇩	Lot 4 Plans for Option 1 with raingardens	31
c ⇩	Lot 5 Engineering plans for communal raingardens	37
d ⇩	Lot 4 Landscaping plans for Option 2 - no raingardens	43
e ⇩	Lot 5 Landscaping plans for Option 2 - no communal raingardens	57

Ngā kaihaina

Signatories

Author

Glenn Riddell - Land Use Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Victoria Villaraza - Local Area Manager

Howick Local Board

15 February 2021

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

File No.: CP2021/00363

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

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

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

7. The critical themes from submissions are:

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Howick Local Board:

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

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

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

Horopaki

Context

Decision-making authority

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Plan change overview

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

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

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

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

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

a) the Section 32 Report that accompanies the plan change

b) submissions

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

Themes from submissions received

18. Key submission themes are listed below.

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

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

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

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

19. Submissions were made by four people/organisations:

Table One: Submissions received on plan change 53

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

a) to reduce greenhouse gas emissions to reach net zero emissions by 2050

b) to prepare the region for the adverse impacts of climate change.

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

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

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

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

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

· interests and preferences of people in the local board area

· well-being of communities within the local board area

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

· responsibilities and operation of the local board.

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

34. No iwi authorities made a formal submission.

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

a) the mechanism for the Howick Local Board to express its views and preferences if it so wishes; and

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

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

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

Ngā koringa ā-muri

Next steps

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

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

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Tony Reidy – Senior Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Louise Mason – General Manager - Local Board Services

Victoria Villaraza - Local Area Manager

Howick Local Board

15 February 2021

Public feedback on proposal to amend the Alcohol Control Bylaw 2014

File No.: CP2021/00368

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 Howick 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.

[Recommendations (b), (c) and (d) are optional]

b) adopt the following views on the public feedback in (a) to assist the Bylaw Panel in its deliberations on all public feedback to the proposal:

i) [local board to determine at meeting]

c) appoint [insert 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^{^[6]} 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.

Figure One: 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 43 people from the local board area provided feedback to the proposal via online and written feedback.^{^[7]} There was majority support for the proposal consistent with the total support from all people who provided feedback.

Table One: 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	73 per cent	75 per cent
1B: New temporary alcohol ban for ‘Christmas in the Park’ at Pukekawa / Auckland Domain	78 per cent	75 per cent
1C: New temporary alcohol ban for all major events at Eden Park	79 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	77 per cent	75 per cent
2: Replace unnecessary clauses with a ‘related information’ note	70 per cent	70 per cent
3: Clarify exceptions to alcohol bans, council’s ability to make temporary alcohol bans, and the Bylaw wording	86 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	79
b	Public feedback from people in the Howick Local Board area (Under Separate Cover)
c ⇩	'Have Your Say' event feedback	107
d ⇩	Operational and non-bylaw-related feedback	109
e ⇩	Draft Bylaw Panel deliberations report	111

Ngā kaihaina

Signatories

Author

Elizabeth Osborne - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Victoria Villaraza - Local Area Manager

No.	Title	Page
a ⇩	Howick Local Board feedback on the Resource Recovery Network Strategy update	133

No.	Title	Page
a ⇩	Authorisation Memo	137
b ⇩	Urgent Decision of the Howick Local Board	143

No.	Title	Page
a ⇩	Workshop record 5 November 2020	149
b ⇩	Workshop record 12 November 2020	151
c ⇩	Workshop record 19 November 2020	153
d ⇩	Workshop record 26 November 2020	155
e ⇩	Workshop record 3 December 2020	157
f ⇩	Workshop record 10 December 2020	159

[1] Local Government (Auckland Council) Act 2009, section 15(2)(c)

[2] Local Government (Auckland Council) Act 2009, ss15-16.

[3] Local Government Act 2002, Schedule 7, Part 1A, clause 36D.

[5] Schedule of Issues of Significance and Māori Plan 2017, Independent Māori Statutory Board

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

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

Chairperson	Adele White
Deputy Chairperson	John Spiller
Members	Katrina Bungard
	Bo Burns
	David Collings
	Bruce Kendall
	Mike Turinsky
	Bob Wichman
	Peter Young, JP

Author	Vanessa Phillips - Democracy Advisor
Authoriser	Victoria Villaraza - Local Area Manager

Author	Phoebe Peguero - Local Board Advisor
Authoriser	Victoria Villaraza - Local Area Manager