Agenda of Ōtara-Papatoetoe Local Board - Tuesday, 16 February 2021

Ōtara-Papatoetoe Local Board

16 February 2021

ITEM TABLE OF CONTENTS PAGE

1 Welcome 5

2 Apologies 5

3 Declaration of Interest 5

4 Confirmation of Minutes 5

5 Leave of Absence 5

6 Acknowledgements 5

7 Petitions 5

8 Deputations 5

8.1 Deputation - The Otara Music and Arts Centre 5

8.2 Deputation - The Otara Kai Village 6

8.3 Deputation - Safety concerns over traffic near Middlemore hospital 6

9 Public Forum 6

10 Extraordinary Business 6

11 Governing Body Member Update 9

12 Board Members' Report 11

13 Chairperson's Announcements 13

14 Renewal and variation of community lease to St George Bowls and Sports Club Incorporated at Stadium Reserve, 86 and part 91 Cambridge Terrace, Papatoetoe 15

15 New community lease to The Ōtara Rugby League & Sports Club Incorporated at Ngāti Ōtara Park, 95R Ōtara Road, Otara 19

16 New community lease to Papatoetoe Association Football Club Incorporated at Murdoch Park, 27R Chestnut Road, Papatoetoe 29

17 Te Kete Rukuruku programme - adoption of te reo Māori names, receipt of associated narratives and installation of bilingual signs at Allenby Park 39

18 Reallocation of budget from Middlemore Hospital stream restoration to Pest Free Urban South 47

19 Local board views on a Notice of Requirement for alterations to Designation 6302 for the North Island Main Trunk (NIMT) Railway Line from Middlemore Station to Wiri Junction 53

20 Local board views on private plan change 57 for 57 Grange Road, Grange Road, 2 Grange Road and 69A Omana Road, Papatoetoe 61

21 Public feedback on proposal to amend the Alcohol Control Bylaw 2014 67

22 Record of Ōtara-Papatoetoe Local Board Workshop Notes 211

23 Consideration of Extraordinary Items

1 Welcome

2 Apologies

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

3 Declaration of Interest

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

4 Confirmation of Minutes

That the Ōtara-Papatoetoe Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 8 December 2020, including the confidential section, 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 Ōtara-Papatoetoe 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 - The Otara Music and Arts Centre

Te take mō te pūrongo / Purpose of the report

Noma Sio-Faiumu, Sione Pasene and Nita Ropata-Rik, former members of the Whaka Hou collective who were instrumental in establishing the Otara Music Arts Centre, would like to attend and raise a matter concerning the Otara Music Arts Centre and the restoration of its original name.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) thank Noma Sio-Faiumu, Sione Pasene and Nita Ropata-Riki for their attendance and presentation.

8.2 Deputation - The Otara Kai Village

Te take mō te pūrongo / Purpose of the report

The Otara Kai Village team will be in attendance to present to the board and to thank the board for its support in 2020.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) thank Terangi Parima from The Otara Kai Village for her attendance and presentation.

8.3 Deputation - Safety concerns over traffic near Middlemore hospital

Te take mō te pūrongo / Purpose of the report

Dr Huhana Hickey will be in attendance to present to the board on some of the increasing safety concerns over traffic near Middlemore hospital.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) thank Dr Hickey for her attendance and presentation.

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.”

Ōtara-Papatoetoe Local Board

16 February 2021

Renewal and variation of community lease to St George Bowls and Sports Club Incorporated at Stadium Reserve, 86 and part 91 Cambridge Terrace, Papatoetoe

File No.: CP2021/00303

Te take mō te pūrongo

Purpose of the report

1. To seek approval of the renewal of the lease to St George Bowls and Sports Club Incorporated at Stadium Reserve, 86 and part 91 Cambridge Terrace, Papatoetoe with a variation to allow for a staged withdrawal from the site as Panuku Development Auckland’s Unlock Old Papatoetoe Project progresses.

Whakarāpopototanga matua

Executive summary

2. Community leases are one of the ways in which council provides support to local community organisations, assisting them to sustain the activities and experiences they provide in alignment with recognised local priorities.

3. St George Bowls and Sports Club Incorporated entered into a lease with the former Manukau City Council in November 2010. The lease is for a term of 10 years, plus a single 10-year right of renewal. The lease will finally expire on 31 October 2030. The club has applied for a renewal of the lease for the group-owned building, greens and carpark at Stadium Reserve, Papatoetoe.

4. The land is part of the Panuku Development Auckland “Unlock Old Papatoetoe” project and has been identified as an area for further development.

5. Staff are satisfied the club meets the standards specified and recommend the lease be renewed in accordance with clause 26 of the lease agreement dated 27 October 2010; with the addition of a clause to allow for a staged withdrawal of the club from the site as agreed milestones of the Unlock Old Papatoetoe project are achieved.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) approve the renewal of the lease to St George Bowls and Sports Club Incorporated for the land at Stadium Reserve, 91 Cambridge Terrace, Papatoetoe with the addition of a clause to allow for:

i. a staged withdrawal from the site as agreed milestones to the Unlock Old Papatoetoe development plan are achieved

b) all other terms and conditions to be as detailed in the lease executed on 27 October 2010.

Horopaki

Context

Land, buildings and lease

6. The land at 91 Cambridge Terrace is described as Part Lot 1 Deposited Plan 41028 and Lot 3 Deposited Plan 66534 and is held in fee simple by Auckland Council under the Local Government Act 2002.

7. The leased area consists of a clubroom building (half as clubrooms and half as an open hall) and two bowling greens, separated by a carpark. The building is very well kept and maintained by the club.

Clubrooms (south elevation) Main green 2^nd green

Clubrooms Hall

8. The land at Stadium Reserve currently occupied by the bowling and sports club is within the area identified as the Unlock Old Papatoetoe project being led by Panuku Development Auckland. Part of the land has been identified as suitable for high density housing and part of the site as possible kabaddi and basketball courts/playing fields. The club has agreed to gradually withdraw from the site as certain milestones in the project plan are achieved.

9. Clause 26 of the current lease states the renewal must be granted if the following conditions are met:

i the tenant has complied with the lease and is not in breach of the lease, and

ii the landlord is satisfied there is sufficient need for the activities specified in the lease, and

iii there is a continued and sufficient need for the tenant to use the premises and that in the public interest, the premises are not required for any other purpose.

St George Bowls and Sports Club Incorporated

10. St George Bowls and Sports Club Incorporated is registered under the Incorporated Societies Act 1908 in October 1955 (originally as Papatoetoe RSA Bowling Club Incorporated). The objects of the club are:

· to be responsible for the administration, promotion and development of the game of bowls and other sport activities

· encourage participation in the game of bowls as an amateur game which provides health, recreation and other community benefits

· be a member of Bowls New Zealand; encourage achievement in the game of bowls.

The club aims to increase participation from local community, schools, marae and other sporting codes that would complement the facility. The club was formed in 1952 and opened in 1955 as the Papatoetoe RSA Bowling Club.

11. The club has a current membership of 60. Ninety-five percent of members identify as European and 5% as Māori.

Tātaritanga me ngā tohutohu

Analysis and advice

12. Under the lease, the tenant has an automatic right to request to exercise their right of renewal. St George Bowls and Sports Club Incorporated is exercising this right. It is recommended that the ground-lease be renewed for a further term of 10 years, with a variation to allow for a staged withdrawal from the site as agreed milestones outlined in the Unlock Old Papatoetoe project plan are met.

13. The land leased by St George Bowls and Sports Club is within the Unlock Old Papatoetoe project area. The bowling club site is identified in the proposed draft masterplan (October 2020) as an all-weather public sports facility (possibly kabaddi and basketball) on the existing north green with housing on the southern green.

14. Staff therefore propose that the lease renewal be varied to allow for a staged withdrawal of the club from the site. Part of the discussion with the club has been a suggestion that they co-locate with the Hunters Corner Bowling Club. This would mean each club would retain their name and identity and share the building and greens at Papatoetoe Recreation Ground, with the St George club joining the Kolmar group of sporting and community groups. The club executive will discuss this with the wider membership.

Tauākī whakaaweawe āhuarangi

Climate impact statement

15. No impact on greenhouse gas emissions is expected from the recommendation as the proposal continues existing activities and does not introduce any new sources of emissions.

16. Climate change has the potential to impact the site as it sits within a flood plain zone. The site is not near the coast.

91 Cambridge Terrace, Papatoetoe

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17. The Panuku Development Auckland Priority Location Director accompanied the community lease specialist on the site visit to the club to discuss the Unlock Old Papatoetoe development plan and a staged release of land within the lease area as milestones within the programme plan are met. A possible co-location of the club to the Hunters Corner Bowling Club premises at Papatoetoe Recreation Ground was also raised as an option for the club.

18. The proposed lease has no identified impact on other parts of the council group.

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

Local impacts and local board views

19. The recommendations in this report are within local boards’ allocated authority relating to local recreation, sports and community facilities.

20. The renewal of this lease was discussed at the Ōtara-Papatoetoe Local Board workshop of 1 September 2020.

Tauākī whakaaweawe Māori

Māori impact statement

21. This proposed lease renewal was reported to the South-Central Mana Whenua Forum by email on 24 June 2020. No objections were received from forum members.

Ngā ritenga ā-pūtea

Financial implications

22. All costs involved in the preparation of the lease renewal and variation document are borne by Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23. The requirement for the renewal of this community lease is provided for in the lease agreement granted to the club in 2010.

24. Council has a contractual responsibility to agree to the lease renewal if the conditions stipulated in the lease have been met.

25. Should the renewal not be granted, it will affect the group’s operations and their ability to undertake their activities and support of the local Papatoetoe community.

Ngā koringa ā-muri

Next steps

26. Subject to approval by the local board, the lease renewal and variation document will be prepared for signing by the tenant.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Jenny Young - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

16 February 2021

New community lease to The Ōtara Rugby League & Sports Club Incorporated at Ngāti Ōtara Park, 95R Ōtara Road, Otara

File No.: CP2021/00387

Te take mō te pūrongo

Purpose of the report

1. To seek approval of a new lease to The Ōtara Rugby League & Sports Club Incorporated for the council-owned building at Ngāti Ōtara Park, 95R Ōtara Road, Ōtara.

Whakarāpopototanga matua

Executive summary

3. Ōtara United Rugby League Club entered into a lease with the former Manukau City Council in June 1998 for the council-owned building at Ngāti Ōtara Park, Otara. The lease was for a term of 15 years and was renewed for a further term of five years, less one day, in 2013. The lease expired on 30 May 2018.

4. In late 2019 the building was demolished and work began on a new replacement facility that will include storage areas, match officials’ rooms, first aid room, clubrooms and a laundry.

5. Staff are satisfied the club meets the standards specified in the Community Occupancy Guidelines 2012 and recommend a new lease be granted for the new building under the standard terms and conditions of the guidelines.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) grant under section 54 (1) (d) of the Reserves Act 1977, a community building-lease to The Ōtara Rugby League & Sports Club Incorporated for the building at Ngāti Ōtara Park, 95R Ōtara Road, Ōtara, described as Section 2 SO 541424 (outlined in red on Attachment A) under the following terms and conditions:

i term – five years from 1 March 2021 with one renewal for a further five years and a final expiry of 28 February 2026

ii rent – one dollar ($1.00) plus GST per annum if demanded

iii annual subsidised maintenance fee - $500 (plus GST)

iv permitted use – primarily activities for and by the wider Ōtara community

v community outcomes plan – (Attachment B) be attached to the lease agreement

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

Horopaki

Context

The property

6. Ngāti Ōtara Park is described as Section 2 SO 541424 being 16.0745 hectares. The land is held by the Department of Conservation under the Reserves Act 1977 as a classified recreation reserve and vested in the Auckland Council, in trust, for recreation purposes. The sports of league, rugby and netball are contemplated in the former Manukau City Council May 2007 Sports Parks Management Plan. As such public notification of the intention to lease is not required.

7. In the mid-2010s council began making plans to replace the clubrooms on Ngāti Ōtara Park with a new multi-sports club building.

8. Council is currently replacing the former clubrooms on Ngāti Ōtara Park. It is envisaged the new multi-sport complex will be finished in late-March 2021. The new building is located on the park at 95R Ōtara Road, Ōtara. The new building is 615 square meters (more or less).

9. The new building will contain:

· two equipment storage areas

· uniform and office storage

· laundry

· match officials’ office/first aid room

· match officials’ changing room

· meeting room

· club room, including education room area

· kitchen

· bar

· two change rooms with accessible showers and toilets.

10. The club will run the laundry, servicing Ngāti Ōtara Marae, Sir Edmund Hillary College (sport teams’ uniforms), club members and the local community. The facility will also be used by Whānau Ora Scorpions Medical Clinic, Pacific Homecare Elderly Programme and as a youth employment and training programme in partnership with Hillary Collegiate to provide employment and further education to students from the school or unemployed members of the clubs.

11. The club would like to gain access to the building as soon as it is finished to undertake their fitout. This will allow the club to be up and running as soon as possible before the start of the 2021 winter sport season.

The tenant

12. Ōtara Rugby League is registered under the Incorporated Societies Act 1908 in July 1975, changing their name to The Ōtara Rugby League Football Club Incorporated in November 1991 and then to The Ōtara Rugby League & Sports Club Incorporated in March 2020.

13. The new collective includes the following sports through a memorandum of understanding (MoU):

· Ōtara Rugby League

· Scorpions Tag Football

· Scorpions Netball

· Auckland Pacific Kilikiti Association

· Last Stance Muay Thai and Kick Boxing

· 4Kings Sport and Community Incorporated

· Marist Old Boys Samoa and NZ Association.

14. Rugby league has been played at Ngāti Ōtara Park for more than the past 50 years. The club first operated from a garage and then moved to a prefab next to the cricket club rooms. When cricket moved away from the park the rugby league club took over the lease of the building. A lease has been held by Ōtara Rugby League at the park since at least June 1998. Since the 1990s the club has opened its doors to other sports during their seasons and that was the beginning of an informal multipurpose use of the building. The primary purpose of the league club has been to service and support all sports that allow the local community to be active and participate. Approximately 7,300 people use the park weekly across all the sporting groups.

Tātaritanga me ngā tohutohu

Analysis and advice

15. Auckland Council’s Community Occupancy Guidelines 2012 sets out the requirements for community occupancy agreements.

16. It is recommended that a new lease be granted to The Ōtara Rugby League & Sports Club Incorporated for a term of five years with one right of renewal for a further term of five years, in line with the guidelines for a council-owned building.

17. Local boards have discretion to vary the term of the lease. The guidelines suggest that where a term is varied, it aligns to one of the recommended terms contained in the Community Occupancy Guidelines 2012.

18. After assessing the lease application and meeting with the tenant, staff have determined that the group qualifies for a new community lease because the:

i. activity of the club supports the Ōtara-Papatoetoe Local Board Plan 2020 outcome: parks and facilities that meet our people’s needs

iii. club’s financial accounts have sufficient reserves to cover its operating costs with no declared contingent liabilities

iv. club funds its activities mostly by way of fees and subscriptions; grants, donations and fundraising

v. premises meets the needs of the local community.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19. There is no impact on greenhouse gas emissions as the proposal does not introduce any new source of emissions, as the new building is a replacement for the previous clubrooms.

20. Climate change has minimal potential to impact the lease as the site sits adjacent to a flood plain outside the boundary of Papatoetoe Recreation Ground. These areas are predicted to be covered by flood water (river or surface flooding) as a result of a 1 in-100-year rainstorm event (as shown below):

Ngati Ōtara Park, 95R Ōtara Road, Otara

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21. Staff have obtained feedback from the local parks and places specialist and the sport and recreation lead. No issues or concerns regarding the group were raised.

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

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

Local impacts and local board views

23. The recommendation within this report falls within the local board’s allocated authority relating to local recreation, sports and community facilities.

24. The lease was discussed with the local board at the monthly Mahi Tahi workshop on 1 September 2020. There were no objections to the grant of a new lease.

25. The recommendation supports the Ōtara-Papatoetoe Local Board Plan 2020 outcome of parks and facilities that meet our people’s needs.

Tauākī whakaaweawe Māori

Māori impact statement

26. Members of the South-Central Mana Whenua Forum have been advised by email of the application. Any objections received will be advised to the meeting.

Ngā ritenga ā-pūtea

Financial implications

27. The cost of preparing the new lease agreement will be borne by council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. If the Ōtara-Papatoetoe Local Board resolve not to grant a new lease to Ōtara Rugby League and Sports Club, the club’s ability to undertake its core activities will be affected, which in turn will have a negative impact on the desired local board outcome.

29. As there is no significant departure from the current land use, or change in activities, there are no identified risks in granting the new lease.

Ngā koringa ā-muri

Next steps

30. Subject to the local board approval of the new lease, staff will prepare the lease agreement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Map-Ngati Otara Park, Otara	25
b ⇩	Community Outcomes Plan - The Otara Rugby Leaue & Sports Club Incorporated	27

Ngā kaihaina

Signatories

Authors

Jenny Young - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

16 February 2021

New community lease to Papatoetoe Association Football Club Incorporated at Murdoch Park, 27R Chestnut Road, Papatoetoe

File No.: CP2021/00391

Te take mō te pūrongo

Purpose of the report

1. To seek a new community ground lease for Papatoetoe Association Football Club Incorporated at Murdoch Park, 27R Chestnut Road, Papatoetoe.

Whakarāpopototanga matua

Executive summary

3. Papatoetoe Association Football Club Incorporated entered into a lease with the former Manukau City Council in July 1991. The lease was renewed in 2010 and finally expired in August 2020. The club owns the building on Murdoch Park and has applied for a new community ground-lease.

4. Staff are satisfied the club meets the standards specified and recommend the lease be granted in accordance with the Auckland Council Community Occupancy Guidelines 2012.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a. note the public notification under the Local Government Act 2002 council’s intention to enter into a lease for the land at 27R Chestnut Road Papatoetoe described as Lot 101 Deposited Plan 54849, comprising 1.187 hectares, and contained in NA26C/379 (outlined in red and hatched on Attachment A)

b. grant, under Section 138 of the Local Government Act 2002, subject to any objections being resolved, a new community ground-lease to Papatoetoe Association Football Club Incorporated for the land at 27R Chestnut Road, Papatoetoe (marked in red and hatched on the map Attachment A) and described as Lot 101 Deposited Plan 54849, comprising 1.187 hectares (more or less), and contained in NA26C/379, subject to the following terms and conditions:

i term – ten (10) years commencing 1 September 2020 with a single 10-year right-of-renewal and final expiry on 31 August 2040

ii rent – one dollar ($1.00) plus GST per annum, if requested

iii rent review date – on renewal

iv permitted use – as a football club and ancillary purposes

v the approved community outcomes plan (Attachment B), to be included in the lease agreement as Schedule 3

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

Horopaki

Context

The land and building

5. The land at Murdoch Park is on land described as Lot 101 Deposited Plan 54849, comprising 1.187 hectares, and contained in NA26C/379 and is held in fee simple under the Local Government Act 2002. As such any lease of more than six-months will require public notification and engagement with iwi of the intention to lease.

6. The clubroom, toilets and change-rooms area of the building are clean, well-kept and maintained. The training room is in the process of being upgraded and the ceiling in the back area is being replaced.

Papatoetoe Association Football Club

The tenant

7. Originally formed in 1959, Papatoetoe Association Football Club Incorporated is registered under the Incorporated Societies Act 1908 in April 1964. The aims of the club are to promote and foster the game of football in Papatoetoe and adjacent areas and to organise activities and co-operate with other sporting and cultural organisations that benefit the interests of the club, all sports and the sport of football in particular. The club is affiliated to the Auckland Football Federation.

8. The club currently has 355 members: 48% Pacific Island, 20% NZ European, 7% Asian, 5% Māori, 2% other European and 10% other. Over half of the junior/youth players are of Fijian/Indian ethnicity, the remainder mostly European and Pacific Island. The senior players are mainly European and Pacifica. Most players reside in Papatoetoe.

9. The club has recently been promoted back to the Northern Regional Football League Division 2. Many of the youth players have represented New Zealand or their home countries in various age groups teams and some have gone on to international representation. The honours board displays the names of former All Whites and their most recent New Zealand representative was in 2016 to the Premier women under 16 team.

10. Local sponsorship has enabled the club to engage a junior/youth director of football, who holds weekly academies for the young players. However, at the time of the site visit by staff, Covid-19 lockdown restrictions had suspended the recent activity on Murdoch Park. The club offers to pay for coaching and refereeing courses, and as a volunteer-run club they rely on parents to take on these roles.

Tātaritanga me ngā tohutohu

Analysis and advice

11. Auckland Council’s Community Occupancy Guidelines 2012 sets out the criteria for applicants, guides local board decision-making and outlines the standard terms and conditions of community leases.

12. Under the guidelines, groups that own their own buildings have an automatic right to reapply for a new lease at the end of the occupancy term. The Papatoetoe Football Club is exercising this right. It is recommended that a new lease be granted to Papatoetoe Association Football Club Incorporated for the standard term of 10 years plus one 10-year right of renewal, in line with the guidelines.

13. Local boards have discretion to vary the term of the lease if it wished. The guidelines suggest that where a term is varied, it aligns to one of the recommended terms in the Community Occupancy Guidelines 2012.

14. After assessing the lease application and meeting with the tenant, staff have determined that the group qualifies for a new community lease because the:

i. activities of the club supports the Ōtara-Papatoetoe Local Board Plan 2017 outcome: parks and facilities that meet people’s needs

ii. Papatoetoe Association Football Club Incorporated is not in breach of the current occupancy agreement

iii. group’s financial accounts shows sufficient reserves to cover its operating costs with no declared conditional liabilities

iv. club funds its activities mostly by way of membership fees, grants, raffles, fundraising activities, interest and dividends, bar and canteen takings.

v. premises meets the needs of the local community.

Tauākī whakaaweawe āhuarangi

Climate impact statement

15. The expected impact of the recommendation on greenhouse gas emissions is “no impact” as the proposal continue existing activities and does not introduce any new sources of emissions.

16. Climate change has a slight potential to impact the football club lease as the building is next to a flood plain zone. The building is not near the coast.

27R Chestnut Road, Papatoetoe

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17. Council’s Regional Sports Facilities Manager accompanied the lease specialist on the site visit to the football clubrooms and Murdoch Park grounds on 22 September 2020 and supports a new lease to the club.

18. The building is tenant-owned and the proposed 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 the advice in this report.

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

Local impacts and local board views

19. The recommendations in this report are within local boards’ allocated authority relating to local recreation, sports and community facilities.

20. This lease was approved as part of the 2020-2023 community lease work programme, adopted by the local board on 18 August 2020 (item ID 401); and workshopped with the local board on 1 September 2020 and at the community facilities monthly update on 22 September 2020.

Tauākī whakaaweawe Māori

Māori impact statement

21. Information on the football club lease was distributed to the South-Central Mana Whenua Forum in late June 2020. No objections were received from forum members.

22. Formal consultation with local iwi, on the lease to Papatoetoe Football Club, will take place alongside the public notification of the intention to lease the property

Ngā ritenga ā-pūtea

Financial implications

23. All costs involved in the advertising of the intention to lease, and any subsequent local board hearing, are borne by Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

24. The granting of a new community leases to the football club allows them to continue to provide services to the local, and wider communities.

25. If a new community lease is not granted, the club would have no security of tenure over the building, which would inhibit its ability to apply for funding and grants; develop programmes, maintain the building and deliver services.

26. It would also mean that the asset would be transferred to council and ongoing maintenance and renewal work would then be funded from the local board budget.

27. There are no known risks associated with the granting of this new community lease.

Ngā koringa ā-muri

Next steps

28. Subject to approval by the local board, iwi engagement and the intention to lease the land to Papatoetoe Association Football Club Incorporated will be publicly advertised in the Manukau Courier, council’s website and via social media outlets. At the conclusion of this process, once any objections are heard and resolved, the lease agreement will be prepared for approval and signing by the tenant.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Map - Murdoch Park, Papatoetoe	35
b ⇩	Community Outcomes Plan - Papatoetoe Association Football Club Incorporated	37

Ngā kaihaina

Signatories

Authors

Jenny Young - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

16 February 2021

Te Kete Rukuruku programme - adoption of te reo Māori names, receipt of associated narratives and installation of bilingual signs at Allenby Park

File No.: CP2021/00532

Te take mō te pūrongo

Purpose of the report

1. To adopt 18 of the tranche one te reo Māori park names and their associated narratives.

2. To approve Allenby Park for installation of bilingual park signage.

Whakarāpopototanga matua

Executive summary

3. In April 2019, the local board resolved (OP/2019/46) to invite mana whenua to name 50 parks in the Ōtara-Papatoetoe area, as tranche one of the Māori naming of parks and community places programme.

4. The Māori name will be added to the existing name resulting in a dual name for the site. Nothing will be taken away.

5. Eighteen names from tranche one are now ready for formal adoption.

6. This report seeks the Ōtara-Papatoetoe Local Board’s adoption of these 18 park names, receipt of narratives and approval to install bilingual signage in Allenby Park.

7. Communications to inform the stakeholders and communities around these parks will commence upon formal adoption of the names.

8. Where reserves are classified under the Reserves Act 1977, gazettal of the dual park names will occur once the names are adopted.

9. Of the remaining 32 parks where names are sought, 23 further names are expected to be available for adoption prior to 30 June 2021 with the remaining nine being deferred to tranche two.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) adopt 18 te reo Māori names as dual names for the parks outlined in Attachment A

b) receive the narratives which tell the story behind each of the names as outlined in Attachment A

c) acknowledge Auckland Council has agreed to enter into a mātauranga agreement that commits to upholding the correct use of the name and use it only for purposes that have a community outreach or educational purpose (non-commercial use)

d) approve Allenby Park as the preferred location for the installation of bilingual signage.

Horopaki

Context

10. Te Kete Rukuruku is a culture and identity programme that collects and tells the unique Māori stories of Tāmaki Makaurau / Auckland. It is a partnership between Auckland Council, 15 local boards, and all 19 mana whenua groups that have interests across the region - led by mana whenua.

11. A key outcome of the programme is for te reo Māori to be seen, heard, learned and spoken. The programme contributes to reclaiming the Māori identity which is Tāmaki Makaurau’s unique point of difference in the world.

12. A subset of the programme involves the reintroduction of ancestral and contemporary Māori names to the city’s parks and places.

13. The rationale and benefits of the programme, as well as the process for identifying and adopting names and narratives, was agreed by Ōtara-Papatoetoe Local Board at its business meeting on 17 April 2019.

14. On 17 April 2019 the Ōtara-Papatoetoe Local Board invited mana whenua to provide Māori names and narratives for 50 parks (OP/2019/46). This was included in their FY20 work programme as Tranche One and work commenced that year.

15. Te Kete Rukuruku process, as agreed with mana whenua and local boards, is that te reo Māori names are being restored by mana whenua. Consequently public feedback on specific names is not sought. In some cases the Māori names have been attached to the park or area for hundreds of years prior to the english name being adopted

16. Existing park names are not being removed and will not be lost.

17. When received, the names will be accepted and adopted by the local board and communication and public notification will commence upon this formal adoption.

18. One park is identified within each tranche where signage will be reviewed and upgraded or replaced to include both Māori and English text. Upon project completion within the selected park all signage will be bilingual.

19. The Ōtara-Papatoetoe Local Board received a memo update at a workshop on 26 May 2020 on progress on the Te Kete Rukuruku project and Allenby Park was suggested for the installation of bilingual signage. The board were in support of the recommendation. Visuals of the signs are currently being drafted.

20. Eighteen names were presented to the local board by mana whenua at a hui on the 9^th February 2021 and are now ready for adoption.

21. Iwi have advised that a further 23 names will be submitted this financial year and will be available for adoption prior to 30 June 2021.

22. Te Rūnanga o Ngāti Whātua recently withdrew from naming in this local board area and the nine parks allocated to them will need to be deferred into tranche two for reallocation.

23. Once names are adopted signage will be replaced only when due for renewal except for the one bilingual park selected. Should the local board wish to upgrade signage sooner to reflect the new names funding would be required from the Locally Driven Initiatives fund.

Tātaritanga me ngā tohutohu

Analysis and advice

Name adoption

24. At its April 2019 meeting the local board resolved that the names and narratives will be adopted for use as names to enrich the stories of parks and support the Māori language to be visible, heard, spoken and learnt.

25. Once received the Māori names are not open for consultation.

26. It is recommended that the board adopt the names as dual names as no parks have been identified for sole naming at this time.

27. The local board may subsequently choose to remove the english name from the park and have a sole Māori name rather than a dual name. Consultation with stakeholders and those with an interest in the park is at the local boards’ discretion but would be recommended should the board wish to pursue this as an option.

Bilingual signage in Allenby Park

28. In tranche one the board was offered the opportunity to select one park where all signage will be upgraded to be fully bilingual.

29. At a workshop in May 2020 the board indicated their support for Allenby Park to be their first park to receive this fully bilingual signage.

30. This bilingual signage is fully funded from Long-term Plan regional funding for Māori outcomes. No additional funding is required.

31. The new signage will include:

· dual language entrance signage stating the te reo Māori and English names

· bilingual wayfinding, information and bylaw signage

· a bilingual interpretative sign to tell the story behind the te reo Māori name.

32. With a view to spending Aucklanders’ money wisely, existing signs will be reskinned, unless the signage is damaged or worn and needs to be replaced.

33. Visuals of the park signage are being drafted and will be provided to the board prior to the signs being installed.

34. Bilingual signage will visibly raise the profile of te reo Māori in the public domain. It will provide the opportunity to learn the story behind the name as well as making it easy for the public to familiarise themselves with and use te Reo.

35. If the local board do not approve the installation of bilingual signage at Allenby Park all signage will remain as is. Signage will then only be replaced either via the renewals programme or, if funded separately by the local board, as a stand alone project from the Locally Driven Initiatives budget.

36. For the reasons outlined above it is recommended that the local board approve the installation of bilingual signage in Allenby Park.

Tauākī whakaaweawe āhuarangi

Climate impact statement

37. There are no substantive climate change impacts relating to this matter.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

38. The Te Kete Rukuruku project is a cross-organisational programme that delivers on council’s Māori Language Policy and Kia Ora Te Reo, which is a priority within Kia Ora Tāmaki Makaurau, the organisation’s Māori Outcome Performance Management Framework. It also delivers on Kia Ora Te Ahurea (the Māori culture and identity outcomes) as the programme helps to reclaim Auckland’s Māori identity and unique point of difference in the world.

39. The programme aligns with the aspirations of the Independent Māori Statutory Board (IMSB) as articulated in the Schedule of Issues of Significance 2017, Māori Plan.

40. This programme is a partnership programme with the naming and narratives being led by mana whenua. It seeks to bring rigor to the process of naming across the council group over time.

41. The programme has also triggered the development of new bilingual signage templates that may be used across the organisation in the future.

42. Community Facilities are responsible for renewal of existing signage and will incorporate the new dual name as and when signage is renewed.

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

Local impacts and local board views

43. In April 2019, the local board resolved (OP/2019/46) to invite mana whenua to name 50 parks in the Ōtara-Papatoetoe area, as tranche one of the Māori naming of parks and community places programme.

44. At a workshop in May 2020 the board indicated its support for Allenby Park to be their first park to receive this fully bilingual signage.

Tauākī whakaaweawe Māori

Māori impact statement

45. This project helps to increase Māori identity and belonging and is aligned with outcomes in the Auckland Plan.

46. The project contributes towards outcomes from the Te Reo Māori Action Plan 2020-2023. The Action Plan brings to life the Māori Language Policy (2016) and describes actions to champion a bilingual city where te reo Māori is seen, heard, spoken and learned.

47. Adopting the Māori name and narrative for 18 parks will increase the visibility of te reo Māori in the local board area, will safeguard the stories of mana whenua and help ensure their survival.

48. Te Kete Rukuruku has sought to establish a best practice approach to Māori naming and the collection and sharing of stories.

49. Mātauranga agreements are being developed to ensure that names and stories are protected by the council - to uphold their correct use and use them only for purposes that have a community outreach or educational purpose (non-commercial use).

50. As a partnership programme, all aspects of providing names and narratives has been led by the mana whenua of Tāmaki Makaurau. This is appropriate as mana whenua are those with the mana in this area to carry the responsibility for Māori naming.

51. There are a large number of resident mataawaka (Māori who live in Auckland and are not in a mana whenua group) who will have a great interest in these new names and narratives. This provides an opportunity to engage with mataawaka Māori organisations and invite them to embrace and help champion the names and narratives once the names are adopted.

Ngā ritenga ā-pūtea

Financial implications

52. Ōtara-Papatoetoe Local Board has set aside Locally Driven Initiative (LDI) funding for this programme and this has been carried forward into the current financial year.

53. This funding provides a partial contribution to mana whenua for their time in supporting the process including research and ratification.

54. The Ōtara-Papatoetoe Local Board allocated $33,000 for naming 50 parks as tranche one of this project. Forty-one parks will receive dual names within this financial year and no additional funding is required.

55. Sufficient funding remains this financial year to provide for a small community event to celebrate the unveiling of the bilingual signage and adoption of the names. The local board should advise if they wish to hold such an event and costings can be confirmed.

56. Updated dual name signage for these parks will be delivered through Community Facilities’ existing renewals programmes.

57. Bilingual signage for Allenby Park is funded by Long-term Plan regional funding for Māori outcomes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

58. A number of risks and issues were highlighted at the outset of this programme or added as the programme has progressed including:

· multiple mana whenua having an interest in Ōtara-Papatoetoe with differing views on naming

· extended delays in the adoption of Māori names continuing the predominance of english only names and missing renewal opportunities

· potential negative public reaction to the addition of Māori names

· costs of replacement signage.

59. These risks are carefully managed throughout the process and mitigated in a variety of ways including:

· Timeframes are extended when required to allow robust discussion around the names being submitted. The approach of the programme has been to focus on a quality outcome.

· Splitting the tranche to allow for adoption of names as they are finalised rather than waiting for completion of the entire tranche. This is particularly relevant when high numbers of parks are being named.

· The existing park name will be retained with the Māori named being returned/added. Nothing will be taken away. Communications with stakeholder and community groups will communicate this once the Māori names are adopted.

· Signage will be replaced as it comes up for renewal with the only exception being the bilingual park where signage will be reskinned if replacement is not warranted.

Ngā koringa ā-muri

Next steps

60. Where reserves are classified under the Reserves Act 1977, gazettal of the dual park names will occur once the names are adopted.

61. The names will be entered into the council’s website, GIS and SAP systems.

62. Upon Ōtara-Papatoetoe Local Board’s formal approval, the process for installation of bilingual signs at Allenby Park will commence, with anticipated delivery in May 2021.

63. Community Facilities will be advised of all names adopted so any signage being renewed will have the correct dual name.

64. The Te Kete Rukuruku programme team will defer the remaining nine parks into tranche two to be discussed and workshopped with the local board should the board choose to proceed with the programme.

65. Tranche two funding will be sought for inclusion in the 2021/2022 work programme.

66. The board should confirm if an unveiling event is required.

Communications approach

67. At local board level, the local communications team will work with the board and mana whenua, with support from the programme team, to develop communication outputs.

68. Messaging will be focused on what the community is gaining and being proud of what we are doing for all Aucklanders.

69. Local board communication channels will be used to get messages out, including Facebook pages and e-newsletters. The local communication team will also work with local boards to develop media opportunities with board members to share the messages with their networks.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Ōtara-Papatoetoe Tranche 1 Names and Narratives Feb 2021	45

Ngā kaihaina

Signatories

Authors

Dawn Bardsley – Naming Lead Te Kete Rukuruku

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

16 February 2021

Reallocation of budget from Middlemore Hospital stream restoration to Pest Free Urban South

File No.: CP2021/00396

Te take mō te pūrongo

Purpose of the report

1. To approve the reallocation of $20,000 locally-driven initiatives operational expenditure from the 2020/2021 Middlemore Hospital stream restoration project to Pest Free Urban South.

Whakarāpopototanga matua

Executive summary

2. On 18 August 2020, the Ōtara-Papatoetoe Local Board approved its 2020/2021 environment work programme (resolution OP/2020/109), including $20,000 for the Middlemore Hospital stream restoration, $15,000 for Pest Free Urban South, and $15,000 for Ōtara Pest Animal Network.

3. The Middlemore Hospital stream restoration project was developed to support the first phase of the restoration of the Ōtara Creek tributary that flows between Middlemore Hospital and the Royal Auckland and Grange Golf Club.

4. A developer has purchased part of the golf course land and has engaged Kāinga Ora to create a master plan for the area. This includes the outcomes sought through the Middlemore Hospital stream restoration project as well as planning for the wider surrounding area. The proposed funding is therefore no longer needed as it is embedded in the larger master plan Kāinga Ora is creating for the area.

5. Staff recommend that the budget for this project is reallocated to further support the Pest Free Urban South project, which would bring the total Pest Free Urban South funding from Ōtara-Papatoetoe Local Board to $35,000.

6. The additional $20,000 funding would increase Pest Free Urban South’s ability to contract further strategic planning support, purchase more resources and tools for the community to carry out conservation activities and increase opportunities for local employment in building tunnels for rat traps.

7. Staff attended a workshop on 2 February 2021 to seek the local board’s feedback on the budget reallocation. The local board indicated its support for reallocating the budget to Pest Free Urban South.

8. Staff will continue to deliver the Pest Free Urban South project with the increased budget of $35,000. Staff will provide updates on the project through the regular 2020/2021 work programme updates.

Ngā tūtohunga

Recommendation

That the Ōtara-Papatoetoe Local Board:

a) approve the reallocation of $20,000 locally-driven initiatives operational expenditure from the local board’s Middlemore Hospital stream restoration project (work programme item 1605) to Pest Free Urban South (work programme item 1552).

Horopaki

Context

9. The Ōtara-Papatoetoe Local Board identified an aspiration in its 2020 local board plan to achieve a ‘healthy natural environment’.

10. On 18 August 2020, the board approved its 2020/2021 environment work programme (resolution OP/2020/109), with a total allocation of $298,850 of its locally-driven initiatives operational expenditure budget.

11. The board indicated its support for eight projects to form its 2020/2021 environment work programme, including $20,000 for the Middlemore Hospital stream restoration and $15,000 for Pest Free Urban South.

12. The Middlemore Hospital stream restoration project was developed by staff in January 2020 to support the first phase of the restoration of the Ōtara Creek tributary that flows between Middlemore Hospital and the Royal Auckland and Grange Golf Club.

13. The aim of the project was to transform the site into a place where staff, patients and their families can relax and enjoy nature, beginning with creating a landscaping and restoration plan. The landscaping and restoration plan would have been developed in consultation with mana whenua, health groups, hospital staff, patients and their whānau to include their views on how to increase the amenity value of the area.

14. Since January 2020 a developer has bought part of the golf course land and has engaged Kāinga Ora to create a plan that includes the outcomes sought through the Middlemore Hospital stream restoration project, as well as planning for the wider surrounding area.

15. Staff have discussed the Middlemore Hospital stream restoration project with the development manager from Ngāi Tai ki Tāmaki, the hospital sustainability manager, hospital property manager and the golf course green keeper. All parties agreed that as Kāinga Ora will be creating a master plan for the area, the local board stream restoration budget is no longer needed.

16. The master plan will include the region around the hospital, golf course, development site and the wider surrounding area, and will deliver many of the outcomes of the Middlemore Hospital stream restoration project.

Tātaritanga me ngā tohutohu

Analysis and advice

17. Staff recommend that the Middlemore Stream restoration budget is reallocated to expand the Pest Free Urban South project. This would bring the total 2020/2021 Pest Free Urban South funding from Ōtara-Papatoetoe Local Board to $35,000.

18. If the project budget from Middlemore Hospital stream restoration is reallocated, staff will still run a Wai Care (water quality) education session for the childcare centre and interested hospital staff in late February 2021. This will not require any additional budget from the local board.

Options analysis

19. Staff have considered three options for the reallocation of the Middlemore Stream restoration project budget. The options analysis is provided in Table 1.

Table 1. Options for the reallocation of funding from Middlemore Stream restoration project

Option	Delivers on local board plan outcomes	Provides a benefit to Ōtara-Papatoetoe that is not provided through other means	Provides value for money for local board funding	Ability to deliver in a short timeframe
Option A Reallocate funding to Pest Free Urban South (recommended option)	High üü	High üü	High üü	High üü
Option B Reallocate funding to Ōtara Waterways and Lake Trust to increase their capacity to deliver on existing programmes	High üü	Medium ü	Medium ü	Low û
Option C Retaining budget for Middlemore Hospital stream restoration project	Low û	Low û	Low û	Low û

Option

Delivers on local board plan outcomes

Provides a benefit to Ōtara-Papatoetoe that is not provided through other means

Provides value for money for local board funding

Ability to deliver in a short timeframe

Option A

Reallocate funding to Pest Free Urban South (recommended option)

High

üü

High

üü

High

üü

High

üü

Option B

Reallocate funding to Ōtara Waterways and Lake Trust to increase their capacity to deliver on existing programmes

High

üü

Medium

Low

Option C

Retaining budget for Middlemore Hospital stream restoration project

Low

20. One of the options considered was to reallocate the Middlemore Hospital stream restoration funding to Ōtara Waterways and Lake Trust to increase their capacity to deliver on existing programmes (Option B). This option is not recommended as Ōtara-Papatoetoe Local Board already provides significant funding to these programmes, and an expanded programme of work would likely not be delivered before the end of the 2020/2021 financial year.

21. Retaining the allocated budget for the Middlemore Hospital stream restoration project (Option C) is also not recommended as the work that Kāinga Ora will be undertaking will deliver many of the same outcomes for Ōtara-Papatoetoe. This option would not provide value for money for the local board, and would not provide a benefit to the local board area that could not be realised through other means.

Recommended option – reallocate funding to Pest Free Urban South

22. Pest Free Urban South is a new project, which is being delivered for the first time in the 2020/2021 financial year, and is co-funded by the Ōtara-Papatoetoe and Māngere-Ōtāhuhu Local Boards.

23. The purpose of the project is to build momentum for the Pest Free Auckland vision across the Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Board areas. The first stage of the project was to recruit a kaitiaki coordinator to build relationships within the community to activate the Pest Free Urban South project.

24. The kaitiaki coordinator has now been recruited. The coordinator is currently meeting with different groups in these areas to gather information about the barriers the community may face in engaging in pest control activities. The coordinator will also identify areas of strategic ecological and public interest value in the Ōtara-Papatoetoe and Māngere-Ōtāhuhu Local Board areas. These will be the target areas to initiate a community campaign to activate the Pest Free Urban South project.

25. Due to the close connection between Pest Free Urban South and the Ōtara Pest Animal Network project, staff have combined some of the funding for the Ōtara Pest Animal Network into this coordinator role so they can lead the initiation on this network. Alongside the stream team in Ōtara Waterways and Lake Trust, the Ōtara Pest Animal Network (network of rat traps and bait stations along Ōtara Creek) has been planned and is being set up in quarter three.

26. To support this strategic planning staff have employed a contractor who has facilitated and developed numerous strategic plans for conservation networks around Auckland. The contractor has been mentoring and upskilling the kaitiaki coordinator to be able to identify and communicate effectively with different members of the community. A strategic hui with multiple community group leaders is being organised to help build a strong foundation for the Pest Free Urban South initiative.

Benefits of additional budget for Pest Free Urban South

27. Additional budget for Pest Free Urban South will fund:

· more assistance from the contractor to establish the strategy for Pest Free Urban South

· increased local employment in making tunnel boxes to house rat traps following a similar template to Pest Free Howick

· additional resources and tools needed for community and schools to carry out conservation activities – this may include rat traps, bait, personal protective equipment (PPE), pest plant control paste, and other tools to support conservation activities.

28. Over remainder of the 2020/2021 financial year, staff will work with the kaitiaki coordinator to connect with key people and groups in Ōtara-Papatoetoe and Māngere-Ōtāhuhu to gauge their interest in pest animal and pest plant control, and understand how best to initiate a Pest Free Urban South initiative.

29. Staff and the kaitiaki coordinator will also have a presence at local events and activities such as Ōtara markets, Eye on Nature and Neat Streets to grow community interest in pest control. Staff and the kaitiaki coordinator also aim to work with schools to grow their involvement in conservation.

Tauākī whakaaweawe āhuarangi

Climate impact statement

30. The key climate impacts from the Middlemore Stream restoration project include flood mitigation, habitat for native biodiversity and carbon sequestration as a result of riparian planting. These benefits will not be realised if the project budget is reallocated, however other projects in the local board environment work programme such as the Ōtara Waterways and Lake Trust community planting project will provide similar benefits.

31. Increasing the budget allocated to the Pest Free Urban South project will enable further work to improve the health of native biodiversity, which will improve the resilience of Auckland’s indigenous ecosystems against the impacts of climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32. The local board work programme was developed through a collaborative approach by operational council departments, with each department represented in the integrated team that presented the draft work programme to the local board at a series of workshops.

33. Any pest control work that takes place on local parks will be undertaken in collaboration with the Parks, Sports and Recreation department and Community Facilities.

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

Local impacts and local board views

34. Both the Middlemore Stream restoration project and Pest Free Urban South align with the local board plan outcome to achieve a ‘healthy natural environment’.

35. A workshop to discuss the budget reallocation was held with the local board on 2 February 2021. The board indicated support for the proposal, however noted the need for its funding to be used within the local board area. The local board’s support for Pest Free Urban South will be acknowledged at any events and with branding on tools such as rat traps that are shared with the community.

Tauākī whakaaweawe Māori

Māori impact statement

36. The kaitiaki coordinator’s role will include a focus on connecting with local mana whenua and mataawaka to support them in their pest control endeavours.

Ngā ritenga ā-pūtea

Financial implications

37. The reallocation of the $20,000 budget from Middlemore Stream restoration project to Pest Free Urban South will not require any additional expenditure from the local board.

38. The reallocation will take the total locally-driven initiatives budget for the Pest Free Urban South project from $15,000 to $20,000 for the 2020/2021 financial year.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39. The risks and mitigations of the reallocation of funding are provided in Table 2.

Table 2. Risks and mitigations of the reallocation of funding from Middlemore Stream restoration project to Pest Free Urban South

Risk	Likelihood	Mitigation
Increased Pest Free Urban South budget is not spent before end of 2020/2021 financial year	Medium	The division of the board’s budget between contractor time and tools will be based on how much contractor time will be available in the remainder of the year. Any remaining funds will be contributed towards more tools for the community to ensure budgets are spent and outcomes delivered.
The water quality benefits that the Middlemore Hospital stream restoration project may not be realised if the funding is reallocated	Low	Water quality benefits will still be realised through other local board and regionally-funded projects, such as Ōtara Waterways and Lake Trust projects.

Ngā koringa ā-muri

Next steps

40. Following the local board’s approval of the proposed reallocation, staff will continue to deliver the Pest Free Urban South project with the increased budget of $35,000.

41. Staff will provide project delivery updates to the local board through the regular 2020/2021 work programme updates.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Gabi Ezeta – Healthy Waters Specialist and Cynthia Karikala – Conservation Advisor (South)

Authorisers

Craig Mcilroy – General Manager Healthy Waters and Rachel Kelleher – General Manager Environmental Services

Barry Potter - Director Infrastructure and Environmental Services

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

16 February 2021

Local board views on a Notice of Requirement for alterations to Designation 6302 for the North Island Main Trunk (NIMT) Railway Line from Middlemore Station to Wiri Junction

File No.: CP2021/00286

Te take mō te pūrongo

Purpose of the report

1. To invite the Ōtara-Papatoetoe Local Board’s views on a Notice of Requirement (NoR) an alteration to Designation 6302 by KiwiRail Holdings Ltd for the North Island Main Trunk Railway line. More particularly this alteration would enable the Wiri to Quay Park project [W2QP] and provide for the construction of a third track for the North Island Main Trunk Line [NIMT] from Middlemore Station to Wiri Junction.

Whakarāpopototanga matua

Executive summary

2. Decision-makers on a Notice of Requirement to the Auckland Unitary Plan must consider local boards’ views on the Notice of Requirement, 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 NoRs. A local board can present local views and preferences when expressed by the whole local board.^{^[1]}

4. KiwiRail Holdings Ltd [KiwiRail], as the Requiring Authority [RA], has served a notice of requirement [NoR] on Auckland Council [the council] to alter designation 6302 for the North Island Main Trunk Railway line [NIMT]. More particularly this alteration would enable the Wiri to Quay Park project [W2QP] and provide for the construction of a third track for the NIMT line from Middlemore Station to Wiri Junction.

5. The NoR was limited notified on 22 October 2020 and submissions closed on 20 November 2020. Seven submissions were received including responses from the Counties Manukau District Health Board [DHB], Watercare and Auckland Transport [AT]. The DHB raised concerns about the impact on the operations of the hospital, Watercare seek conditions to protect their assets and AT request additional conditions to address traffic issues. One private land owner has requested further information about time scales for development and the need to acquire land on a temporary basis.

6. This report is the mechanism for the local board to resolve and provide its views on the NoR. Staff do not recommend a view the local board should convey.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) provide local board views on the Notice of Requirement for an alteration to designation 6302 by KiwiRail Holdings Ltd between Middlemore Station and Wiri Junction

b) appoint a local board member to speak to the local board views at a hearing on the Notice of Requirement

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

Horopaki

Context

7. 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]}

8. The Notice of Requirement is intended to add a new designation to the Auckland Unitary Plan [AUP (OP)]. Local boards must have the opportunity to provide their views where any process proposes a change to the Auckland Unitary Plan.

9. If the local board chooses to provide its views, the planner includes those views in the [s42a] hearing report. Local board views are included in the analysis of the NoR, along with all submissions.

10. If appointed by resolution, local board members may present the local board’s views at the hearing to commissioners, who will make a recommendation on the NoR.

11. Following receipt of the recommendation, the Requiring Authority would be required to advise the council, within 30 working days, whether they accept or reject the recommendation in whole or in part. Once the council has received a decision from the Requiring Authority, submitters will be advised and are then given an opportunity to lodge an appeal with the Environment Court if they are not satisfied with the outcome. Auckland Council will also have the opportunity at this stage to appeal the decision.

12. This report provides an overview of the NoR and a summary of the key themes in submissions.

13. The report does not recommend what views the local board should convey. Staff cannot advise the local board as to what its views should be, and then evaluate those views.

Tātaritanga me ngā tohutohu

Analysis and advice

Notice of Requirement overview

14. This NoR was lodged by KiwiRail Holdings Ltd and is for an alteration to Designation 6302 for the North Island Main Trunk Railway line. There are four separate spatially based packages of work involved in this project overall. In particular this NoR would enable the Wiri to Quay Park project [W2QP] and provide for the construction of a third track for the North Island Main Trunk Line [NIMT] from Middlemore Station to Wiri Junction.

15. The broad locality of the site is shown in Figure 1 below. Most of the works would occur within the existing rail corridor and therefore are not within the scope of the NoR and will be subject to a future outline plan of works [OPW] or resource consent applications.

Figure 1: General location of NoR and surrounding area – from Middlemore Station to Wiri Junction

16. This NoR would affect a relatively small area of land located alongside the existing designated rail corridor from Middlemore Station to Wiri Junction and includes an upgrade of Middlemore Station. The NoR would enable the designation of 3.6 ha of land of which 1.15 ha will be permanent and 2.45 ha will be temporary, outside the existing designated rail corridor. The subject corridor’s current footprint is 175 ha.

17. The NoR will provide for the construction of a third track [known as the third main] for the North Island Main Trunk Line [NIMT] including: -

· installation of a new 3.6 km track between Middlemore Station and Wiri Junction

· an upgraded Middlemore Station, including an extension of an existing pedestrian bridge and the provision of a 6-car platform (with provision for a future 9-car platform)

· reorganisation of car parking at Middlemore Hospital to address physical severance

· installation of above ground rail infrastructure including overhead lines and their support poles along the length of the corridor

· the construction of retaining walls to stabilise railway cuttings mostly at Papatoetoe Station at the western edge of the corridor at the rear of the Station Rd properties

· utility relocations

· stormwater infrastructure.

Most of the physical works required for the third main [e.g Overhead Line Equipment (OLE), tracks and drainage] will be located within the existing designation.

The NoR also seeks to designate an area of land which forms part of the outer northbound track that runs below State Highway 20 [SH20] at Wiri but does not currently show as being designated.

18. The nature of the construction works associated with this NoR includes three temporary site yards – the main one at Middlemore Station. Access is required at several locations along the rail corridor [a Construction Traffic Management plan will be covered under the Outline Plan of Works] and associated earthworks would be covered under resource consents and contaminated soil management which would be subject to a Soil Management Plan or the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health [NESCS] as required.

19. The construction works are proposed to start in late 2021 and will take up to three years to complete.

20. The Notice of Requirement includes technical reports that evaluate:

• The Notice of Requirement for KiwiRail Holdings Ltd, Wiri to Quay Park project, dated September 2020, Jacobs (Assessment of Environmental Effects)

• noise and vibration by Marshall Day Acoustics dated 10 July 2020

• contaminated land by Jacobs dated 5 June 2020

• transport assessment by Jacobs dated 9 September 2020

• arboricultural report by The Tree Consultancy Company dated 9 July 2020

• archaeology and built heritage by CFG Heritage Ltd dated 25 June 2020

• stormwater assessment by Jacobs dated 14 July 2020.

21. The reports and other application details are available from council’s website at Link to document.

22. Council’s planner, and other experts, have evaluated and will report on:

· technical reports supplied by the applicant

· submissions

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

23. KiwiRail requested that the NoR be limited notified and under delegated authority council confirmed this on 20 October 2020. The NoR was notified on 22 October 2020 and submissions closed on 20 November 2020.

Themes from submissions received

24. Key submission themes are listed below.

· Additional conditions required in regard to the Construction and Traffic Management Plan [CTMP] to include purpose and general effects of transport/traffic; details around changes at Middlemore Station including works around Orakau Road; effects on parking supply; co-ordination of works at Puhinui Sation required and further conditions requested at resource consents and Outline Plan of Works stage of the NoR at both Papatoetoe and Middlemore Stations [from Auckland Transport].

· Watercare request additional conditions to protect its assets and want to be involved in the project development up to and throughout the construction period.

· The NoR does not address effects on DHB land and operation of Middlemore Hospital and its associated building including noise and vibration; disruption to pedestrian access; health and safety effects including dust generation; potential flooding and stormwater effects; lack of information around regional consents and the process around resource consents [from Counties Manukau District Health Board].

· More detailed information sought in regard to specific properties as these are intended for redevelopment including why land is required; timeframes; details on temporary occupation, details on engineering plans and the process around Outline Plan of Works [from a private landowner].

· Kāinga Ora want to be kept informed about the NoR process and want to be included in additional consultation with landowners in the area to determine the final mitigation and raise issues around operational noise and vibration effects on surrounding residential developments.

· Heritage NZ’s comments relate to provisions pertaining to the protection of historic heritage particularly the concentration of heritage features at Papatoetoe Station and seek additional conditions to provide surety that the historic heritage and special character values identified in relation to these sites will be appropriately considered and provided for within the Outline Plan of Works and reference is also made to archaeological issues.

· Additional information and/or conditions in relation to the access and car parking around the hospital car park during construction works and on an on-going basis; impact on the traffic network; the NoR process and details at Outline Plan of Works/resource consent stage; on-going communication needed to ensure construction and operational effects are appropriately managed [from Accident Compensation Corporation].

25. Submissions were made by seven organisations/people:

Table 1: Submissions received on NoR

Submissions	Number of submissions
In support [with conditions]	2
In opposition [or suggested conditions]	3
Neutral	1
Support in part/Oppose in part	1

26. Information on individual submissions and the summary of all decisions requested by submitters, will be reported in the hearing report.

Tauākī whakaaweawe āhuarangi

Climate impact statement

27. The decision whether to provide local board views:

· will not have an impact on greenhouse gas emissions

· is a decision of short duration.

28. The decision whether to provide local board views will not be impacted by a climate that changes over the lifetime of that decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

29. The key matters raised by Auckland Transport and Watercare in their submissions are noted above in paragraph 24.

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

Local impacts and local board views

30. The Notice of Requirement falls within both the Ōtara-Papatoetoe and Māngere-Ōtāhuhu Local Board areas.

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

· interests and preferences of people in local board area

· well-being of communities within the local board area

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

· responsibilities and operation of the local board.

32. KiwiRail stated that they engaged with the local board prior to lodgement. Feedback at that stage is informal. Restrictions on delegations prevent that informal feedback from being the views of the local board.^{^[3]}.

33. 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 NoR.

Tauākī whakaaweawe Māori

Māori impact statement

34. If the local board chooses to provide its views on the NoR, it includes the opportunity to comment on matters that may be of interest or importance to Māori, well-being of Māori communities or Te Ao Māori (Māori world view). In the 2018 census 13,392 residents in the local board area identifed as Māori.

35. KiwiRail has engaged with local iwi to help identify key cultural issues associated with the project and address any potential effects this may raise. Engagement with iwi will continue and will inform the future outline plan and resource consents for the third main works.

36. Engagement will occur around the development of the Middlemore Hospital landscaping plan to ensure it addresses both the cultural values associated with native flora and meets hospital (and AT) operational requirements and design elements incorporating elements of storytelling/cultural history into the design of the pedestrian bridges and station platform changes.

Ngā ritenga ā-pūtea

Financial implications

37. There are no financial implications with the local board providing its views.

38. The local board is not exposed to any financial risk from providing its views.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39. The power to provide local board views regarding the content of a Notice of Requirement cannot be delegated to individual local board member(s).^{^[4]} To avoid the procedural risk of an individual local board member expressing the views of the local board, 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 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 recommendation and decision on the NoR by memorandum.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Vanessa Leddra - Policy Planner

Authorisers

John Duguid - General Manager - Plans and Places

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

16 February 2021

Local board views on private plan change 57 for 57 Grange Road, Grange Road, 2 Grange Road and 69A Omana Road, Papatoetoe

File No.: CP2021/00653

Te take mō te pūrongo

Purpose of the report

1. To invite local board views on a private plan change by the Royal Auckland and Grange Golf Club for 57 Grange Road, Grange Road, 2 Grange Road and 69A Omana Road, Papatoetoe.

Whakarāpopototanga matua

Executive summary

2. Decision-makers on a private 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 private plan changes. A local board can present local views and preferences when expressed by the whole local board.^{^[5]}

4. The Royal Auckland and Grange Golf Club lodged a private plan change for 57 Grange Road, Grange Road, 2 Grange Road and 69A Omana Road, Papatoetoe. The private plan change would change the Auckland Unitary Plan by changing the zoning from Residential Mixed Housing Urban and Residential Terrace House and Apartment Building zones to Open Space – Sport and Active Recreation zone (OS-SAR).

5. This change of zoning is seen as supporting the long-term future of the golf club, to more closely align the zoning with activities of the golf club and aligning the zoning with other golf clubs in the Auckland area.

6. The subject site is close to existing transport infrastructure (Middlemore train station and Great South Road) and well supported by other community infrastructure. The current residential zoning supports the Auckland Unitary Plan Regional Policy statement and potentially aligns with the objectives of the National Policy Statement on Urban Development. Many of the submissions on the private plan change raise questions as to the efficacy of this proposed change of zoning and whether the land could be used more efficiently for residential use.

7. This report is the mechanism for the local board to resolve and provide its views on private plan change 57. It is not appropriate for the council’s planning staff to recommend what view the local board should convey.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a) provide local board views on private plan change 57 by the Royal Auckland and Grange Golf Club, 57 Grange Road, Grange Road, 2 Grange Road and 69A Omana Road, Papatoetoe

b) appoint a local board member to speak to the local board views at a hearing on private plan change 57

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

Horopaki

Context

Decision-making authority

8. 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.^{^[6]}

9. A private plan change request will be included in the Auckland Unitary Plan if it is approved. Local boards must have the opportunity to provide their views on private plan change requests – when an entity other than council proposes a change to the Auckland Unitary Plan.

10. 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 private plan change, along with submissions.

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

12. This report provides an overview of the private plan change, and a summary of submissions’ key themes.

13. The report does not recommend what the local board should convey. The planner must include any local board views in the evaluation of the private 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

14. The private plan change applies to Royal Auckland and Grange Golf Club at 57 Grange Road, Grange Road, Grange Road, 2 Grange Road and 69A Omana Road, Papatoetoe.

15. The land is currently zoned Residential – Mixed House Suburban and Residential – Terrace House and Apartment Building zoned as shown below in Figure 1 and 2.

Figure 1: Royal Auckland and Grange Golf Club and surrounding area

16. Royal Auckland and Grange Golf Club states the purpose of private plan change 57 is to provide for the ongoing use of the site as a golf course. The land has been used as a golf course since 1910, when the Royal Auckland Golf Club opened the course next to the Tāmaki Estuary at Middlemore.

Figure 2: AUP zoning map indicating areas sought to be rezoned to Open Space – Sport and Active Recreation (marked in red outline)

17. The Royal Auckland and Grange Golf Club application includes a technical report that evaluates noise effects. No other reports were submitted with the application. The application and associated reporting are available from council’s website. The Council’s reporting planner and other experts, will evaluate and report on:

· the noise technical report supplied by the applicant

· 19 submissions received

· views and preferences of the local board will be recorded in the planner’s section 42a report.

Themes from submissions received

18. Key submission themes are:

· rezone to ensure that the zoning reflects the existing land use

· the 80 hectares subject site is located within a well-established area with excellent transport and community infrastructure and would be better suited for residential development.

· retaining the residential zoning would support future development and residential intensification close to good transport links

· retaining the residential zoning would align with the Auckland Unitary Plan and the National Policy Statement – Urban Development and Council climate change policy.

19. Nineteen submissions were received.

Table 1: submissions received on plan change 57

Submissions	Number of submissions
In support	two
In opposition	sixteen
Neutral	one (Transpower New Zealand)

Tauākī whakaaweawe āhuarangi

Climate impact statement

20. The decision whether to provide local board views:

· will not have an impact on greenhouse gas emissions.

· is a decision of short duration. The decision whether to provide local board views will not be impacted by climate changes over the lifetime of that decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21. Expert opinion has been sought on the noise aspects of the proposed changes.

22. Auckland Transport made submissions. The key matters raised are:

· The applicant’s Section 32 report does not sufficiently assess the effects of activities enabled through this Plan Change and does not contain mechanisms to appropriately mitigate effects on the wider transport network.

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

Local impacts and local board views

23. The private plan change request is seeking to rezone 57 Grange Road, Grange Road, 2 Grange Road and 69A Omana Road, Papatoetoe, within the Ōtara-Papatoetoe Local Board area. The south western corner of the site is adjacent to Omana Park (home of the Papatoetoe Athletics Club) for which the local board has oversight. The site also adjoins the upper- reaches of the Tāmaki Estuary and the Otaki Creek.

24. This plan change relates to both the Ōtara -Papatoetoe and the Māngere-Ōtāhuhu Local Boards with the Royal Auckland and Grange Golf Club’s north boundary being the dividing line between the two Local Boards.

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

· interests and preferences of people in local board area

· well-being of communities within the local board area

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

· responsibilities and operation of the local board.

26. 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 private plan change.

Tauākī whakaaweawe Māori

Māori impact statement

27. The local board may choose to provide its views on the plan change, which includes the opportunity to comment on matters that may be of interest or importance to Māori.

28. In Ōtara -Papatoetoe at the 2018 census 16% of the Local Board’s population of 85,122 identifed as Māori. That is 13,392 people.

29. The Royal Auckland and Grange Golf Club advised council that it consulted with iwi authorities when it prepared the private plan change. The Royal Auckland and Grange Golf Club corresponded by email in March 2020 with 17 Iwi Authorities with an interest in the area. Ngāti Tamaoho responded by email in support of the proposed rezoning, while Te Ahiwaru Waiohua did not oppose the rezoning. No other responses were received.

30. Auckland Council contacted the relevant iwi when giving public notification of the proposed private plan change on the 19 November 2020. No submissions were received from iwi on the proposed Plan Change 57.

31. 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.^{^[7]} The private plan change does not trigger an issue of significance as identified in the Schedule of Issues of Significance and Māori Plan 2017.^{^[8]}

Ngā ritenga ā-pūtea

Financial implications

32. There are no financial implications with the local board providing its views.

33. The local board is not exposed to any financial risk from providing its views.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

· the mechanism for the Ōtara-Papatoetoe Local Board Local Board to express its views and preferences

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

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

36. The power to provide local board views regarding the content of a private plan change cannot be delegated to individual local board member(s).^{^[9]} 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

37. The planner will include, and report on, any resolution of the local board in the 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.

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

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Authors

Roger Eccles - Planner

Authorisers

John Duguid - General Manager - Plans and Places

Manoj Ragupathy - Local Area Manager

Ōtara-Papatoetoe Local Board

16 February 2021

Public feedback on proposal to amend the Alcohol Control Bylaw 2014

File No.: CP2021/00328

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 Ōtara-Papatoetoe 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 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^{^[10]} 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 21 people from the local board area provided feedback to the proposal via online and written feedback.^{^[11]} There was majority support for the proposal consistent with or greater than 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	82 per cent	75 per cent
1B: New temporary alcohol ban for ‘Christmas in the Park’ at Pukekawa / Auckland Domain	88 per cent	75 per cent
1C: New temporary alcohol ban for all major events at Eden Park	92 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	76 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	73
b ⇩	Public feedback from people in the Ōtara-Papatoetoe Local Board area	101
c ⇩	'Have Your Say' event feedback	187
d ⇩	Operational and non-bylaw-related feedback	189
e ⇩	Draft Bylaw Panel deliberations report	191

Ngā kaihaina

Signatories

Authors

Elizabeth Osborne - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Manoj Ragupathy - Local Area Manager

[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.

[4] Local Government Act 2002, Schedule 7, clause 36D.

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

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

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

[9] Local Government Act 2002, Schedule 7, clause 36D.

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

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

Chairperson	Lotu Fuli
Deputy Chairperson	Dr Ashraf Choudhary, QSO, JP
Members	Apulu Reece Autagavaia
	Dr Ofa Dewes
	Swanie Nelson
	Ross Robertson, QSO, JP
	Dawn Trenberth

Authors	Carol McGarry - Democracy Advisor
Authorisers	Manoj Ragupathy - Local Area Manager