I hereby give notice that an ordinary meeting of the Ōrākei Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 18 February 2021

3.00pm

St Chads Church and Community Centre
38 St Johns Road
Meadowbank

 

Ōrākei Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Mr Scott Milne, JP

 

Deputy Chairperson

Sarah Powrie

 

Members

Troy Churton

 

 

Colin Davis, JP

 

 

Troy Elliott

 

 

Margaret Voyce

 

 

David Wong, JP

 

 

(Quorum 4 members)

 

 

 

Kim Lawgun

Democracy Advisor

 

10 February 2021

 

Contact Telephone: 021 302 163

Email: kim.lawgun@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Ōrākei Local Board

18 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

9          Public Forum                                                                                                                  5

10        Extraordinary Business                                                                                                5

11        Grant of new commercial ground lease term for the land at 3-5 Tamaki Drive, Ōrākei (Hakumau Reserve)                                                                                                       7

12        Proposed Glen Innes Business Association BID expansion project                    29

13        Public feedback on proposal to amend the Alcohol Control Bylaw 2014             37

14        Auckland Council’s Performance Report: Ōrākei Local Board for July to October 2020                                                                                                                             427

15        Chairman and Board Member February 2021 report                                             473

16        Governance Forward Work Calendar                                                                      483

17        Ōrākei Local Board Workshop Proceedings                                                          491

18        Resolutions Pending Action report                                                                         505

19        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 minutes of the Ōrākei Local Board meeting, held on Thursday, 19 November 2020 and the minutes of its extraordinary meeting, held on Thursday, 3 December 2020, be confirmed as true and correct.

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

Part 13 of the Board’s set of Standing Orders 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 Ōrākei Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

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

 

9          Public Forum

 

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

 

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

 

10        Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Ōrākei Local Board

18 February 2021

 

 

Grant of new commercial ground lease term for the land at 3-5 Tamaki Drive, Ōrākei (Hakumau Reserve)

File No.: CP2021/00310

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek Ōrākei Local Board approval to grant a new commercial ground lease term of two years to Fraser Brothers Limited for approximately 3,243sqm of the land at 3-5 Tamaki Drive, Ōrākei (Hakumau Reserve).

Whakarāpopototanga matua

Executive summary

2.       The land at 3-5 Tamaki Drive, Ōrākei (Hakumau Reserve) is currently held in fee simple by Auckland Council as a classified recreation reserve and subject to the provisions of the Reserves Act 1977.

3.       Fraser Brothers Limited (hereon referred to as the lessee) hold a commercial ground lease with Auckland Council over approximately 3,243sqm of the northern part of the reserve land located at 3-5 Tamaki Drive, Ōrākei.

4.       The lessee operates a mini-golf business at the site known as Lilliput Mini Golf.

5.       The lease commenced on 1 January 2008 with a final expiry date of 31 December 2019 and is currently operating on a monthly tenancy.

6.       The lessee has formally applied to council for a new commercial ground lease term of two years commencing from 1 August 2020 over approximately 3,243sqm of the following parcel:  

·   CT NA 633/119 SO Plan 26421, comprising approximately 1.0337 hectares in total.

7.       The Lessee wishes to continue operating the site as Lilliput Mini Golf under the proposed new lease term.

8.       Under the Reserves Act 1977 any new lease applications are subject to iwi engagement and a public consultation process.

9.       The Ōrākei Local Board provided approval on 29 September 2020 for Panuku to manage the public consultation process on itsbehalf.

10.     The public consultation process commenced on 28 October 2020 and closed on 25 November 2020.

11.     A total of eight submissions were received from the public notifications.  Six submissions were in support and two submissions opposed (please refer to attachments A and B).

12.     This report seeks local board approval for a new commercial ground lease term of two years commencing on 1 August 2020 with a final expiry of 30 June 2022 to Fraser Brothers Limited over approximately 3,243sqm of the reserve land located at 3-5 Tamaki Drive, Ōrākei.  

 

 

 

 

 

 

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a)      approve a new commercial ground lease term of two years to Fraser Brothers Limited over approximately 3,243sqm of the land currently leased at 3-5 Tamaki Drive, Ōrākei (Hakumau Reserve) on the following terms:

i)        The new lease term commences on 1 August 2020 with a final expiry of 30 June 2022.

ii)       The new lease will contain a six-month termination clause in favour of Auckland Council for redevelopment purposes.

iii)      The earliest opportunity the termination clause can be evoked is six months from the commencement date of the new lease.

Horopaki

Context

13.     This report considers the commercial leasing conditions with respect to the commercial ground lease dated 28 February 2007.

14.     Fraser Brothers Limited (hereon referred to as the lessee) hold a commercial lease with Auckland Council over approximately 3,243sqm of the north-western part of the reserve land located at 3-5 Tamaki Drive, Ōrākei.  

15.     The commercial lease commenced on 1 January 2008 with an original final expiry date of 31 December 2013. 

16.     The lease was subject to a variation dated 8 June 2010 to extend the final expiry date to 31 December 2019.

17.     Since the final expiry date of 31 December 2019 the lease has continued to roll over on a monthly tenancy.

18.     Fraser Brothers Limited has formally applied for a new two-year lease term commencing from 1 August 2020.

19.     A commercial lease for the Lilliput Mini Golf may be granted over a recreation reserve under s54(1)(d) of the Reserves Act 1977.

20.     Under the Reserves Act 1977 any new lease applications are subject to iwi and public consultation.

21.     The Ōrākei Local Board provided approval on 29 September 2020 for Panuku Development Auckland (Panuku) to manage the public consultation process on its behalf.

22.     The Ōrākei Local Board is the allocated authority relating to commercial leasing matters located on recreation reserves in the local board area.

23.     Once iwi engagement and the public consultation process have been completed the Ōrākei Local Board has the delegation to grant a new lease term over the site.

Tātaritanga me ngā tohutohu

Analysis and advice

24.     Panuku undertook a public consultation process to seek local community views on the proposed lease extension (please refer attachments A and B).

25.     The public consultation commenced on Wednesday 28 October 2020 and closed on 25 Wednesday November 2020.

26.     A series of four notices was published in the East and Bays Courier on Wednesday 28 October, Wednesday 4 November, Wednesday 11 November and Wednesday 18 November 2020.

27.     The notice invited people to advise Panuku if they support, oppose or have any comments on the proposed lease by completing the feedback form on Auckland Council’s “Have your Say” site.

28.     The page on “Have Your Say” was open from 28 October 2020 until 11.55pm on 25 November 2020. People had the opportunity to complete a feedback form, ask a question and indicate if they wished to be heard in person in relation to their submission.

29.     A total of 8 submissions were received via the “Have Your Say feedback” site and formal feedback form.  Result of submissions with summarised comments below:

·   6 submissions were in support.  Great amenity for families, high use by young people and families, a valued community amenity, adds a vibrancy to the area.

·   1 submission opposed. That the space is better utilised for the Outboard Boating Club (OBC) member’s car & trailer parking.

·   1 submission opposed but with a stipulation they would support a new lease term to the mini golf as long as they did not encroach on to the OBC site.

30.     The public consultation process showed overall support for the new two-year lease term.

31.     Based on the outcomes of the public consultation process Panuku recommends that the Ōrākei Local Board approve the new two-year commercial ground lease term to Fraser Brothers Limited commencing on 1 August 2020 with a final expiry date of 30 June 2022.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32.     There will be no material change to emissions associated with the activity as it is a continuation to the existing lease and the decision does not relate to any operational changes or physical works.

33.     The decision relates to a two-year lease extension and therefore there are no significant effects anticipated from climate change on the site and activity over the lifespan of the decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

34.     Panuku has engaged with Aukland Council departments and there is no objection to granting a new commercial ground lease term of two years commencing from 1 August 2020 with a final expiry of 30 June 2022.

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

Local impacts and local board views

35.     Panuku attended workshops with the Ōrākei Local Board on 19 August 2019 and 4 June 2020 to discuss the lessee’s application for a new commercial ground lease term.

36.     The board confirmed support of the lessee applying for a new two-year commercial ground lease commencing from 1 August 2020 with the inclusion of a six month termination clause.

37.     The earliest opportunity the termination clause can be evoked is six months from the commencement date of the new lease.

38.     The Board provided approval on 29 September 2020 for Panuku to manage the public consultation process on their behalf.

39.     This report provides the Ōrākei Local Board with the outcomes of iwi engagement and the public consultation process and an opportunity to formalise the new ground lease term of two years.

Tauākī whakaaweawe Māori

Māori impact statement

40.     There are 15 iwi identified as having an interest in land in the Ōrākei Local Board geographical area.

41.     Under the Reserves Act 1977 iwi consultation is required to inform the Local Board’s decision making.

42.     Email contact with iwi was made providing full property and commercial details inviting comment from iwi on any spiritual, cultural or environmental impact with respect to the new lease.

43.     One query was received from iwi questioning whether the full term was only two years. Panuku have responded confirming the two-year term.

Ngā ritenga ā-pūtea

Financial implications

44.     If a new lease term of two years is not granted there will be a risk of the tenant vacating resulting in a loss of commercial ground rental.

45.     If the tenant vacates the site related costs will become the council’s responsibility.

46.     If the site is vacant it may be vulnerable to vandalism incurring further costs.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

47.     Should the Ōrākei Local Board resolve not to approve a new commercial ground lease term of two years, this decision may cause:

·   The tenant to vacate the site.

·   The tenant to officially dispute the decision based on the overall positive outcomes of the public consultation process.

·   Auckland Council becomes responsible for all site related costs.

Ngā koringa ā-muri

Next steps

48.     Panuku will inform the lessee of the Local Board’s decision on a new commercial ground lease term of two years.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Feedback Form: Have your Say 3 to 5 Tamaki Drive Ōrākei new lease - submissions - 2020

13

b

Formal Feedback Form: 3 to 5 Tamaki Drive Ōrākei new lease - submissions - 2020

23

c

Lease Plan: Lilliput Mini Golf Site - 3 - 5 Tamaki Drive, Ōrākei

27

      

Ngā kaihaina

Signatories

Author

Lori Butterworth - Property Management, Panuku Development Auckland

Authorisers

Marian Webb - GM Assets and Delivery

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

18 February 2021

 

 

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18 February 2021

 

 

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18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

Proposed Glen Innes Business Association BID expansion project

File No.: CP2021/00246

 

  

 

Te take mō te pūrongoPurpose of the report

1.       To seek the approval of the proposed 2021 Glen Innes Business Improvement District (BID) programme expansion map.

Whakarāpopototanga matua

Executive summary

2.       Business Improvement District (BID) programmes are rohe within Tāmaki Makaurau where local business and property owners have agreed to work together to improve their business environment, encourage innovation and attract new businesses and customers.

3.       The BID programme provides sustainable funding to business associations including the Glen Innes Business Association (GIBA). The funding is raised by applying a targeted rate to commercial properties within a defined geographic area (boundary).

4.       The Auckland Council Business Improvement District (BID) Policy (2016) requires the local board(s) to approve any new or amended BID programme boundaries and recommend to the Governing Body that it strikes the targeted rate.

5.       Under the council’s BID Policy (2016), the Ōrākei Local Board and Maungakiekie-Tāmaki Local Board must approve the proposed BID expansion map before GIBA carries out a postal ballot.

6.       The 2021 expansion proposal would add 70 retail and light industrial properties within Felton Mathew Avenue, Farmhouse Lane and Merton Road to the Glen Innes BID programme that is currently exclusively located within the Maungakiekie-Tāmaki Local Board area. This expanded zone west of the railway tracks is located within the neighbouring Ōrākei Local Board area.

7.       At the GIBA annual general meeting on 14 October 2020, the proposed 2021 BID expansion map (Attachment A to the agenda report) was approved and confirmed by the GIBA membership. There has been no change to the map previously approved at the GIBA 2019 annual general meeting.

8.       The BID Policy requires GIBA to conduct a postal ballot of business ratepayers and owners to determine the level of support for the proposed expanded BID programme.

9.       GIBA had initially intended to hold its ballot in March 2020, however staff were advised in late February 2020 that GIBA would be postponing the ballot to continue working on eligible voter engagement to ensure a strong ballot result. Staff were advised in early September 2020 that GIBA would revisit the proposed BID expansion project and undertake a BID expansion ballot by end of March 2021.

10.     If the 2021 ballot is successful, the Glen Innes BID programme would represent about 360 (up from 250) business ratepayers and owners, with a proposed BID targeted rate of $250,000, as of 1 July 2021.

11.     The proposed 2021 BID expansion complements the objectives and initiatives contained in the Ōrākei Local Board Plan 2020, most notably Outcome 5: Our town centres and local businesses are increasingly vibrant and prosperous.

12.     All BID expansion projects require further local board approval after the BID expansion project, voter engagement and ballot have been completed. This ensures the local board(s) has/have the opportunity to see the final outcome of the establishment project, review the ballot results and are satisfied the criteria for a BID establishment has been completed against the BID Policy.

Ngā tūtohunga

Recommendation

That the Ōrākei Local Board:

a)      approve the proposed 2021 boundary map expanding the Glen Innes Business Improvement District programme, as shown in the map (Attachment A to the agenda report).

Horopaki

Context

13.     Glen Innes Business Association Inc (GIBA) has been a registered incorporated society since 1968 and operated a Business Improvement District (BID) programme since 1993.

14.     GIBA had initially intended to hold the previous expansion ballot in early 2020, however it decided in early March to postpone the ballot in order to continue focusing on eligible voter engagement.

2021 proposed BID programme expansion

15.     In May 2020, GIBA met with the council’s BID programme team to discuss revisiting the BID expansion proposal and its plan towards a ballot before 31 March 2021.

16.     GIBA confirmed there would be no change from the 2019 proposed BID expansion map and BID programme proposal for the 2021 ballot.

17.     The 2021 proposed BID expansion map was approved by the GIBA membership at its 2020 AGM held on 14 October 2020.

18.     GIBA has continued to engage and correspond with the businesses located within the BID expansion area, including during the COVID lockdown periods.

BID expansion requires further local board approval

19.     The BID Policy states there are two areas of a BID expansion project that require approval by the local board(s).

20.     Under the policy, local boards have allocated governance and decision-making to:

·   approve new BID programme boundary maps

·   approve BID programme boundary expansions.

21.     The Maungakiekie-Tāmaki Local Board and Ōrākei Local Board must approve the proposed 2021 BID expansion map identifying the expanded Glen Innes BID programme before GIBA carries out its postal ballot.

22.     All BID expansion projects require further local board approval after the BID expansion project, voter engagement and ballot have been completed. This ensures the local board(s) has/have the opportunity to see the final outcome of the establishment project, review the ballot results and are satisfied the criteria for a BID establishment has been completed against the BID Policy.

Tātaritanga me ngā tohutohu

Analysis and advice

BID expansion process

23.     The proposed 2021 BID programme expansion means all business-rated properties within the BID expansion area would be subject to a Glen Innes BID targeted rate.

24.     The successful 2021 BID expansion would increase membership of the Glen Innes BID programme to about 360 businesses and property owners.

25.     The BID targeted rate grant would be $250,000 as of 1 July 2021. This would be co-funded by the new BID targeted-rated members.

26.     Council staff support this BID expansion project and recommend the Ōrākei Local Board reaffirm its earlier approval of the proposed Glen Innes BID expansion map (Attachment A).

Campaign, consultation and voter engagement

27.     GIBA continues to implement a professional and detailed communication plan to all eligible BID voters from the period October 2020 through to the last voting date in March 2021. This is to ensure that all eligible voters receive a one-on-one visit or contact, are provided with detailed information on the proposal, and have the opportunity to find out more about the BID programme and ballot process.

28.     The BID Policy requires GIBA to host a minimum of three public meetings, inviting eligible voters to an information briefing and question-and-answer session. This policy requirement will be completed during the BID campaign process.

29.     Election Services Ltd has been commissioned by GIBA to provide an independent polling service for the Glen Innes BID expansion ballot.

30.     Each eligible voter will receive a ballot pack which will be lodged with NZ Post in February 2021. There will be postal and online voting available. The ballot period must be no less than four weeks, with the last day for voting before 31 March 2021.

31.     The ballot must achieve a return of votes of 25 per cent or more, and 51 per cent of those returned need to be in support of the BID boundary expansion proposal for the ballot to be successful.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32.     There are no implications for the council as the Glen Innes BID programme expansion has no specific impact on climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33.     GIBA engages across council and council groups. The Glen Innes BID programme will provide a platform for the wider business community to be involved.

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

Local impacts and local board views

34.     Following approval of the proposed 2021 boundary map expanding the Glen Innes Business Improvement District programme by the Maungakiekie-Tāmaki Local Board and the Ōrākei Local Board, staff will include the Glen Innes BID expansion information in the 2021/2022 annual budget consultation and the respective local board agreements.

35.     The results of the GIBA BID expansion ballot will determine whether there is a sufficient level of support for this new BID programme expansion and associated BID targeted rate.

36.     Maungakiekie-Tāmaki Local Board has supported the BID programme in the past, as it brings together local businesses to invest collectively in improvements that enhance the local business environment such as better security for business centres. A BID can also advocate and collaborate with the council on behalf of local businesses.

Tauākī whakaaweawe Māori

Māori impact statement

37.     All businesses within the Glen Innes BID expansion boundary will be included in the ballot process and BID Policy requirements. The expanded BID programme may identify opportunities for niche support or development of any Māori business sector in their rohe.

Ngā ritenga ā-pūtea

Financial implications

38.     The Glen Innes BID targeted rate currently levied on business-zoned property owners raises $166,000.

39.     If successful the proposed Glen Innes expanded BID targeted rate levied on business-zoned property owners would raise a BID targeted rate grant of $250,000 (an additional $84,000) to fund the Glen Innes BID programme. The programme will be cost-neutral to the council and local boards.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40.     Council staff are satisfied all requirements of the BID Policy have been completed up to this point by GIBA in relation to the proposed BID expansion map and project.

41.     There is a risk to GIBA should the BID expansion ballot fail to reach the required mandate. If the BID ballot fails, the BID Policy requires a two-year stand-down before any subsequent ballot can be held.

Ngā koringa ā-muri

Next steps

42.     The table below shows the reporting path for a BID expansion project and indicates where this proposal currently sits in that process.

43.     Council staff will advise GIBA of the Maungakiekie-Tāmaki Local Board and Ōrākei Local Board decisions regarding the proposed Glen Innes BID boundary expansion map.

44.     Following a successful outcome in the ballot, the results will be brought back to the Maungakiekie-Tāmaki Local Board and Ōrākei Local Board for consideration and recommendations to the Governing Body.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Glen Innes BID proposed expansion map

35

     

Ngā kaihaina

Signatories

Author

Paul Thompson - BID Programme Specialist

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

18 February 2021

 

 

PDF Creator


Ōrākei Local Board

18 February 2021

 

 

Public feedback on proposal to amend the Alcohol Control Bylaw 2014

File No.: CP2021/00511

 

  

 

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 Ōrākei Local Board:

a)      receive the public feedback from within the local board area on the proposal to amend Te Ture ā-Rohe Whakararata Waipiro / the Alcohol Control Bylaw 2014 as attached to the report.

b)      provide its views on the public feedback in recommendation a) for the consideration of the Bylaw Panel in its deliberations on all public feedback.

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

d)      delegate authority to the local board chair to appoint replacement(s) to the persons in recommendation c) should an appointed member be unable to present to the Bylaw Panel on Friday 19 March 2021.

 

Horopaki

Context

The Alcohol Control Bylaw enables council to make alcohol bans

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

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

10.     The New Zealand Police enforce alcohol bans.

Council proposed amendments to improve the Bylaw for public feedback

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

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

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

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

·   the Bylaw easier to read and understand.  

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

Decisions leading to the proposal

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Feedback from people in the local board area supports the proposal

18.     A total of 82 people from the local board area provided feedback to the proposal via online and written feedback.[2] There was majority support for the proposal, similar to the total support from all people who provided feedback.

Percentage support of proposal in the local board area

Proposal

Total support from local board area

Total support from people across Auckland

1A: New temporary alcohol ban for all major events at Pukekawa / Auckland Domain

65 per cent

75 per cent

1B: New temporary alcohol ban for ‘Christmas in the Park’ at Pukekawa / Auckland Domain

72 per cent

75 per cent

1C: New temporary alcohol ban for all major events at Eden Park

78 per cent

72 per cent

1D: New temporary alcohol ban for all major events at Rarotonga / Mount Smart Stadium

74 per cent

78 per cent

1E:   New temporary alcohol ban for all major events at Waiōrea / Western Springs Stadium

79 per cent

75 per cent

2:     Replace unnecessary clauses with a ‘related information’ note

72 per cent

70 per cent

3:     Clarify exceptions to alcohol bans, council’s ability to make temporary alcohol bans, and the Bylaw wording

88 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

43

b

Public feedback from people in the Ōrākei Local Board area

71

c

'Have Your Say' event feedback

403

d

Operational and non-bylaw-related feedback

405

e

Draft Bylaw Panel deliberations report

407

     

Ngā kaihaina

Signatories

Author

Elizabeth Osborne - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

18 February 2021

 

 

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18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

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18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

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

File No.: CP2021/00021

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

3.       The key activity updates from this period are:

·   ID 851: $94,864 in grants was allocated in the Ōrākei Local Grants Round One 2020/2021 programme

·   ID 2728: detailed design for the Ōrākei Basin sluice gates is expected to be complete December 2020

·   ID 3212: northern sector lighting and footpath renewals for Michaels Avenue Reserve are complete and operational

·   ID 834: Ōrākei Community Arts Programme - $10,000 LDI (Locally Driven Initiative) funding has been allocated towards the development of the Ōrākei Arts Plan.

4.       All operating departments with agreed work programmes have provided an update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed) or grey (cancelled, deferred or merged). There are no activities with a red status. The work programme activity status is found in ‘Attachment A’ of this report.

5.       The financial performance report compared to budget 2020/2021 is attached. There are some points for the local board to note.

6.       Operating results for the first four months of the year was six per cent below the budget due to higher revenue and lower expenditure. Revenue is above budget by 14 per cent, while expenditure is four percent below budget overall. Asset Based Services expenditure was affected by COVID-19 restrictions. During August and September restricted services were offered to the public. Locally Driven Initiatives expenditure was above budget by 12 per cent. Capital expenditure delivery was below the budget by 18 per cent and mainly focussed on local asset renewals.

 

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

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

 

Horopaki

Context

7.       The Ōrākei Local Board has an approved 2020/2021 work programme for each of the following operating departments:

·   Arts, Community and Events

·   Parks, Sport and Recreation

·   Libraries and Information

·   Community Facilities: Build Maintain Renew

·   Community Services: Service Strategy and Integration

·   Community Leases

·   Infrastructure and Environmental Services

·   ATEED.

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

Graph 1: Work programme activities by outcome


 

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

9.       The graph below identifies work programme activity by RAG status (red, amber, green and grey). It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber) and activities that have been cancelled/deferred/merged (grey). There are no activities with red status.

Graph 2: Work programme by RAG status

10.     The graph below shows the activity status for each department’s work programmes. The number of activity lines differ by department as approved in the local board work programmes.

Graph 3: Work programme by activity status and department

Key activity updates

·   ID 851: Community grants Ōrākei. $94,864 was allocated during Round One of the Ōrākei Local Grants programme 2020/2021

·   ID 2728: Ōrākei Basin - renew and automate sluice gates. The hydraulic components needed for automation have been completed and further detailed design for the is expected to be complete December 2020

·   ID 3212: Michael’s Avenue Reserve. Amenity lighting has been completed in the northern sector of the reserve and is now operational. Works in the southern sector near the football fields are ongoing with completion estimated for November 2020.

·   ID 3452: Ōrākei Community Centre CAB Fitout. The refurbishment and fitout of the Ōrākei Community Centre for the relocated Citizens Advice Bureau was completed in October 2020

·   ID 2344: Pourewa Valley Integrated Plan. The plan was adopted at the September meeting and the first community advocacy meeting is planned for November 2020.

Activities on hold

11.     The following Community Leases are on hold:

·   ID 2108: Hapua Reserve, 2 Hapua Street Remuera, The Auckland Playcentres Association Incorporated – Newmarket. This lease has been deferred whilst consideration is being given to the treatment of rental income between legacy leases and current leases, to be discussed by the Parks, Arts, Community and Events Committee (PACE) at their December meeting

·   ID 2113: Atkin Avenue Reserve 19-23 Atkin Avenue Mission Bay, Tamaki Yacht Club Incorporated. This lease has been deferred whilst consideration is being given to the treatment of rental income between legacy leases and current leases, to be discussed by the Parks, Arts, Community and Events Committee (PACE) at their December meeting.

Changes to the local board work programme

Activities merged with other activities for delivery

12.     The following activities have been merged (grey status) with other activities for efficient delivery:

·   ID 2243 CARRY FORWARD Pourewa Valley Integrated Plan – merged with ID 2344 Pourewa Valley Integrated Plan.

13.     The following work programme activities have been amended to reflect minor change, the implications of which are reported in the table below. The local board was informed of these minor changes and they were made by staff under delegation.

Table 2: Minor change to the local board work programmes

ID/Ref

Work Programme Name

Activity Name

Change

Reason for change

Budget Implications

834

Arts, Community & Events

Ōrākei Community arts programmes

$10,000 LDI allocated out of a total unallocated $20,000 LDI towards development of Ōrākei Arts Plan

To progress development of Ōrākei Arts Plan to provide framework for future public art opportunities in the board area

$10,000 LDI now allocated towards Ōrākei Arts Plan and will be reflected in Q2 reporting. Remaining $10,000 LDI still unallocated within Ōrākei Community arts programmes

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

18.     The following activities have been identified as contributing positively to Māori outcomes:

19.     ID 834: Ōrākei Community Arts Programme: Part of this programme is designed to deliver Māori outcomes through the ongoing support for the Matariki festival and related activity.

20.     ID 840: Māori Responsiveness Ōrākei: Ngāti Whātua Ōrākei Whai Maia is contracted to deliver 10 Takina sessions for Ōrākei Local Board members and staff. Takina is a new, innovative and highly successful programme to learn Te Reo me te ona tikanga in an engaging, interactive and fun way.

21.     ID 1284: Celebrating Te Ao Māori and strengthening responsiveness to Māori: Whakatipu i te reo Māori – Ōrākei: Matariki, with the theme this year of "Pīataatamai" (Shine the light on Matariki) was celebrated in both St Heliers and Remuera libraries with book displays, special storytimes, craft activities and a Korowai activity in which children could decorate their own feathers and add them to the Korowai.

22.     The following activities have been identified as partnership activities with mana whenua:

23.     ID 2344: Pourewa Valley Integrated Plan - this project involves the development and delivery of an integrated plan for the Pourewa Valley. The extent of the plan is partially informed by the May 2019 Ōrākei Visual Framework developed by Ngāti Whātua Ōrākei, and will involve extensive community, stakeholder, and partner engagement and collaboration.

Ngā ritenga ā-pūtea

Financial implications

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

Financial Performance

25.     Revenue at $542,000 is $68,000 above the budget.  This is mainly from venue hire, libraries and The Landing operations.

26.     Expenditure of $4,216,000 is below the budget by $177,000 overall. In Asset Based Services, building and park maintenance services were impacted by the COVID-19 shut down. In Locally Driven Initiatives, expenditure is above the budget by $21,000. Local Community Grants of nearly $95,000 were allocated and other projects are at various stages of planning and delivery.

27.     Capital spend to date is at $523,000 and is below budget by $114,000. The expenditure is on local asset renewals, such as the Michaels Avenue Reserve path and lighting work, the Ōrākei Community Centre CAB fitout and the toilet block renewal at Selwyn Reserve.

28.     The Ōrākei Local Board Financial Performance report is appended to the report as ‘Attachment B’.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

29.     While the risk of non-delivery of the entire work programme is rare, the likelihood for risk relating to individual activities does vary. The on-time and on-budget delivery of capital projects, for instance, is susceptible to weather conditions, local market and economics which affect tendering, and receiving the necessary approvals, such as building or resource consent.

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

Ngā koringa ā-muri

Next steps

31.     The local board will receive the next performance update for November 2020 to February 2021 in March of the new year.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Ōrākei Jul - Oct 2020 Work Programme update

433

b

Ōrākei  Local Board Quarterly Performance Report Oct 2020 - Financial Appendix

467

     

Ngā kaihaina

Signatories

Author

Nick Palmisano - Local Board Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

Chairman and Board Member February 2021 report

File No.: CP2021/00180

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Ōrākei Local Board Chairman and Members with the opportunity to provide an update on projects, activities and issues in the local board area.

 

Ngā tūtohunga

Recommendation/s

a)      That the Ōrākei Local Board Chairman and Board Member February 2021 report be received.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Chairman and Board Member report - February 2021

475

     

Ngā kaihaina

Signatories

Author

Kim  Lawgun - Democracy Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

Governance Forward Work Calendar

File No.: CP2021/00183

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the Ōrākei Local Board with a governance forward work calendar.

Whakarāpopototanga matua

Executive summary

2.       This report contains the governance forward work calendar, a schedule of items that will come before the Ōrākei Local Board at business meetings and workshops over the coming months. The governance forward work calendar for the local board is included in Attachment A to the agenda report.

3.       The calendar aims to support local boards’ governance role by:

·   ensuring advice on agendas and workshop material is driven by local board priorities

·   clarifying what advice is required and when

·   clarifying the rationale for reports.

4.       The calendar will be updated every month. Each update will be reported back to business meetings and distributed to relevant council staff. It is recognised that at times items will arise that are not programmed. Local board members are welcome to discuss changes to the calendar.

 

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a)      note the draft governance forward work calendar as at February 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Calendar - February 2021

485

     

Ngā kaihaina

Signatories

Authors

Kim  Lawgun - Democracy Advisor

Authorisers

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

Ōrākei Local Board Workshop Proceedings

File No.: CP2021/00639

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the records for the Ōrākei Local Board workshops held following the previous business meeting.

Whakarāpopototanga matua

Executive summary

2.       Local Board workshops are an informal forum held primarily for information or discussion purposes, as the case may be, and at which no resolutions or decisions are made.

3.       Attached are copies of the records for the Ōrākei Local Board workshops held on 5, 12 and 26 November 2020 and 3 and 10 December 2020.

 

Ngā tūtohunga

Recommendation

That the Ōrākei Local Board records for the workshops held on 5, 12 and 26 November 2020 and 3 and 10 December 2020 be noted.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Ōrākei Local Board workshop record - 5 November 2020

493

b

Ōrākei Local Board workshop record - 12 November 2020

495

c

Ōrākei Local Board workshop record - 26 November 2020

497

d

Ōrākei Local Board workshop record - 3 December 2020

499

e

Ōrākei Local Board workshop record - 10 December 2020

501

     

Ngā kaihaina

Signatories

Author

Kim Lawgun - Democracy Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

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18 February 2021

 

 

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18 February 2021

 

 

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Ōrākei Local Board

18 February 2021

 

 

Resolutions Pending Action report

File No.: CP2021/00795

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Ōrākei Local Board with an opportunity to track reports that have been requested from staff.

 

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board resolutions pending action report be noted.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Resolutions Pending Action report - February 2021

507

     

Ngā kaihaina

Signatories

Author

Kim Lawgun - Democracy Advisor

Authoriser

Trina Thompson - Local Area Manager

 



Ōrākei Local Board

18 February 2021

 

 

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

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