Agenda of Whau Local Board - Wednesday, 24 February 2021

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

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

Specifically, members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.

The following are declared interests of the Whau Local Board:

Member

Organisation

Position

Kay Thomas

· New Lynn Citizens Advice Bureau

· Friends of Arataki

· Western Quilters

· Citizens Advice Bureau

Waitākere Board

Volunteer

Committee member

Member

Chair

Susan Zhu

· Chinese Oral History Foundation

· The Chinese Garden Steering

Committee of Auckland

· Sport Waitākere

Committee member

Board Member

Member of Tu Manawa Active Aotearoa Advisory Group Panel

Fasitua Amosa

· Equity NZ

· Massive Theatre Company

· Avondale Business Association

Vice President

Board member

A family member is the Chair

Catherine Farmer

· Avondale-Waterview Historical Society

· Blockhouse Bay Historical Society

· Portage Licensing Trust

· Blockhouse Bay Bowls

· Forest and Bird organisation

· Grey Power

Member

Trustee

Patron

Member

Te’eva Matafai

· Pacific Events and Entertainment Trust

· Miss Samoa NZ

· Malu Measina Samoan Dance Group

· Pasifika Festival Village

Coordinators Trust ATEED

· Aspire Events

Co-Founder

Director

Director/Founder

Chairperson

Director

Warren Piper

· New Lynn RSA

· New Lynn Business Association

Associate Member

Member

Jessica Rose

· Women in Urbanism-Aotearoa,

Auckland Branch

· Forest & Bird

· Big Feels Club

· Frocks on Bikes

· Bike Auckland

· Department of Conservation

Committee member

Member

Patron

Former co-chair

Former committee member

Employee

Member appointments

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

External organisation	Leads	Alternate
Aircraft Noise Community Consultative Group	Warren Piper	Catherine Farmer
Avondale Business Association	Kay Thomas	Warren Piper
Blockhouse Bay Business Association	Warren Piper	Fasitua Amosa
New Lynn Business Association	Susan Zhu	Kay Thomas Warren Piper
Rosebank Business Association	Fasitua Amosa	Warren Piper
Whau Coastal Walkway Environmental Trust	Fasitua Amosa	Jessica Rose

4 Confirmation of Minutes

That the Whau Local Board:

a) confirm the ordinary minutes of its meeting, held on Wednesday, 9 December 2020, 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

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 Whau 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.”

No.	Title	Page
a ⇩	Whau Ward Councillor's Report	9

Whau Local Board

24 February 2021

New community lease to West End Rowing Club Incorporated, 26 Saunders Place, Avondale

File No.: CP2021/00065

Te take mō te pūrongo

Purpose of the report

1. To grant a new community lease to West End Rowing Club Incorporated located on Saunders Reserve, 26 Saunders Place, Avondale.

Whakarāpopototanga matua

Executive summary

2. The West End Rowing Club Incorporated held a 15-year community lease over part of Saunders Reserve entered into with the former Auckland City Council which expired on 18 August 2018. Since expiry, the lease has been operating under a periodic tenancy on a month-by-month basis.

3. The rowing club owns its clubrooms on the reserve and has applied for a new community lease.

4. The activities of the rowing club align with the classifications of the land parcels that make up Saunders Reserve.

5. Public notification and engagement with iwi of the proposed new community lease is required. Engagement with iwi has been undertaken and is outlined in paragraphs 34-36.

6. The rowing club has requested a lease term of 10 years with two 10-year rights of renewal in acknowledgement of the club’s past 21-year reliable same site tenure as well as the significant financial investment made in its clubrooms and pontoon – both which are available for public use. The longer lease term would also provide some level of security as no other obvious space has been identified for the activity of rowing.

7. The Auckland Council Community Occupancy Guidelines 2012 provide for a lease of 10 years with one 10-year right of renewal for groups that own their building.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a) approve public notification of Auckland Council’s intention to grant a lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale

b) hear and consider any submissions or objections received with respect to the intention to grant a lease to West End Rowing Club Incorporated for part of Saunders Reserve, 26 Saunders Place, Avondale following the public notification process

c) grant, subject to all statutory requirements being met, a new community lease to West End Rowing Club Incorporated over part of Saunders Reserve, 26 Saunders Place Avondale (Attachment A) subject to the following terms and conditions:

i) term: 10 years commencing from date of execution of the deed of lease with one 10-year right of renewal

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

iii) West End Rowing Club Incorporated Community Outcomes Plan as approved

be attached to the community lease document (Attachment B).

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

Horopaki

Context

8. This report considers a new community lease to West End Rowing Club Incorporated located on Saunders Reserve, 26 Saunders Place, Avondale.

9. The Whau Local Board is the allocated authority relating to local sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

Saunders Reserve

10. The reserve is located at 26 Saunders Road, Avondale and is made up of two parcels of land legally described as:

a) Lot 26 DP 112772 contained in fee simple Record of Title NA64B/746 comprising of 5780m²

b) Lot 27 DP 112772 contained in fee simple Record of Title NA 64B/747 comprising of 5008m²

11. At its business meeting of 25 November 2020, the Whau Local Board approved the classification of both parcels of land, resolution WH/2020/141. Lot 26 is a classified local purpose (esplanade) reserve with Lot 27 being held as a classified recreation reserve. Both Lots are held in fee simple by Auckland Council.

12. Prior to granting a lease, where there is no approved reserve management plan for a reserve, Auckland Council is required to engage with local iwi and publicly notify its intention to grant a new community lease. It is recommended that the Whau Local Board hear and consider any submissions or objections received following the public notification process and for the board to make a decision.

West End Rowing Club Incorporated

13. The West End Rowing Club Incorporated has a community lease over part of the reserve entered into with the former Auckland City Council. The lease commenced on 19 August 2003 and expired on 18 August 2018. Since expiry, the lease has been operating under a periodic tenancy on a month by month basis.

14. Groups that own their own building have an automatic right to re-apply at the end of their occupancy term for a new lease as specified in the Auckland Council Community Occupancy Guidelines 2012.

15. The rowing club was registered as an Incorporated Society on 24 September 1983. Its objectives are to:

· participate in the sport of rowing

· foster and encourage excellence in the sport of rowing.

16. The rowing club was established in 1884 and based in a building set into the cliffs of St Mary’s Bay. The demand of urban sprawl, motorway extensions and expansion of Westhaven Marina has seen the club relocate its base on three occasions since being established. The three relocations were:

· from the cliffs of St Mary’s Bay to the edge of the motorway at Westhaven Marina

· from the edge of the motorway at Westhaven Marina to a position further down the marina

· from the marina to its current location at Saunders Reserve.

17. The rowing club has a competitive membership of more 330 athletes with half of those in the youth age range of 14-21 years. This membership comprises of rowers from three affiliate schools: Baradene College of the Sacred Heart, Saint Peter’s College and Mount Albert Grammar School, Masters men and women, and club squads of men and women. Three scholarships a year a provided by the club to the three schools to enable aspiring rowers from less advantaged families the opportunity to participate in the sport.

18. The rowing club runs an annual six week learn to row programme that is open to all to apply to attend.

19. The rowing club has produced top athletes that have gone on to represent the club at the New Zealand National Championships and New Zealand at World Championships, Commonwealth, Olympic Games, and the former Empire Games. Several younger athletes are training and attending junior international regattas.

20. The rowing club encourages and supports adaptive rowers, individuals with a physical disability where the racing skiff is adapted to suit needs and non-active members who are former competitive oarsmen and women who wish to stay engaged with the club.

21. The pontoon and ramp at Saunders Reserve were built by the rowing club. The rowing club operates these facilities under a coastal permit granted in 1998 by the former Auckland Regional Council that expires on 28 October 2033. Both these facilities, together with the council funded paved areas, greatly enhance the public’s access to the Whau River.

22. The clubhouse and surrounding area are well presented and maintained. The club has adopted an Environmental Policy that has placed a ban on single use plastic drink bottles by club members. Each club member has been provided with a reusable bottle. Over the last few years, the club has converted all its safety/coach boats from 2 stroke to the new 4 stroke technology outboards which have reduced emissions and lower fuel consumption. The safety/coach boats are regularly serviced to ensure no fuel is spilled into the waterway. The club regularly participates in the cleanup of the Whau River and reports major incidents to Auckland Council.

23. When not being used by the rowing club, the clubrooms provide the public with a pleasant bookable venue to hold private events.

24. The rowing club has requested a longer-term lease than the 10 years with one 10-year right of renewal that is recommended in the Community Occupancy Guidelines for groups that own their building. The club requests a term of 10 years with two 10-year rights of renewal to:

· reflect the significant financial investment it has made in the clubrooms on the site and the pontoon that is available for the public to use when not used by the rowing club

· give security as they don’t see any other space left for the activity of rowing

· acknowledge its connection to the site over the last 21 years when the rowing club commenced construction of its clubrooms.

25. The activities of the club align with the land classification status of the land parcels that make up Saunders Reserve

Tauākī whakaaweawe āhuarangi

Climate impact statement

26. The designated impact level of the recommended decision on green-house gas emissions falls within the “no impact” category because the proposal continues an existing activity and does not introduce new sources of emissions.

27. Although Saunders Reserve sits alongside the Whau River it is unlikely to be impacted by coastal inundation or flooding due to the elevation of the reserve and clubrooms from the river.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

28. Staff from the Community Empowerment Unit, Parks Sports and Recreation, and Area Operations were consulted and support a new community lease to the rowing club.

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

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

Local impacts and local board views

30. Council staff sought the views of the local board at a workshop on 2 December 2020.

31. A visit to the site to view the facilities and meet with representatives of the rowing club was attended by some board members on 8 December 2020.

32. A community outcomes plan aligned to the Whau Local Board Plan 2020 has been negotiated with the rowing club and is attached for approval (Attachment B).

Tauākī whakaaweawe Māori

Māori impact statement

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

34. Engagement with iwi identified as having an interest in the land was undertaken from December 2017 through to March 2018 on the initial proposal.

35. Further engagement occurred by email on 24 September 2020 regarding the classification of the land and the club’s wish to continuing occupying and leasing part of the reserve. No objections were received.

36. Staff met with a Kaitiaki representative from Te Kawerau a Maki on 16 September 2020 to discuss a number of leasing projects including the classification of Saunders Reserve that has since been resolved on, and the proposal for a new community lease. No objection was received.

Ngā ritenga ā-pūtea

Financial implications

37. The recommended rent of $1.00 plus GST per annum remains unchanged from the initial lease.

38. The cost of the public notification of the council’s intention to grant a lease to the rowing club estimated at $900 will be met by the Community Facilities Department of Auckland Council.

39. Relevant staff from Auckland Council Finance have reviewed this report and have no concerns about its financial implications.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40. Should the Whau Local Board resolve not to grant a new community lease to West End Rowing Club Incorporated this decision will materially affect the club’s ability to source funding, maintain its assets and undertake its core activities.

Ngā koringa ā-muri

Next steps

41. Subject to there being no objections following the public notification process for the grant of a new community lease, council staff will work with the club to finalise the new lease document.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan for West End Rowing Club Incorporated, Saunders Reserve, 26 Saunders Place, Avondale	17
b ⇩	West End Rowing Club Incorporated Community Outcomes Plan	19

Ngā kaihaina

Signatories

Author

Donna Cooper - Community Lease Advisor

Authorisers

Rod Sheridan - General Manager Community Facilities

Adam Milina - Local Area Manager

Whau Local Board

24 February 2021

Proposed land exchange - Bellgrove Reserves, Avondale

File No.: CP2021/00926

Te take mō te pūrongo

Purpose of the report

1. To seek the local board’s support to publicly notify a proposed land exchange of Bellgrove Reserve West and part of Bellgrove Reserve East for open space located on Bellgrove Place in Avondale.

Whakarāpopototanga matua

Executive summary

2. Local board views are sought to inform decision-making about a proposed exchange, in accordance with section 15 of the Reserves Act 1977, of 397m² of land at Bellgrove Reserve East and West (in part) with 1372m² of Kāinga Ora land.

3. The exchange would enable the creation of a new pocket park and walkway on Bellgrove Place with capital investment provided by Kāinga Ora subject to local board approval.

4. The proposed exchange has been assessed against council open space policies and is deemed to be a high priority.

5. The proposed land exchange could benefit the community by:

· increasing amenity values and open space (net gain of 975m² open space)

· providing more multifunctional and useable recreational space

· delivering better sightlines and pedestrian access to open space.

6. There is a low legal risk to council if it manages the land exchange in accordance with section 15(2) of the Reserves Act 1977. Key aspects of this process include public and mana whenua consultation.

7. Staff recommend that the local board supports notification of the proposed land exchange.

8. The local board’s views on the proposed land exchange will be included in a report seeking approval to publicly notify the land exchange to the Parks, Arts, Community and Events Committee on 11 March 2021.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a) support notification under section 15(2) of the Reserves Act 1977 of a proposed exchange of 397m² of reserve land as follows:

i) Bellgrove Reserve West, 12A Bellgrove Place, 245m², LOT 5 DP 100239

ii) Bellgrove Reserve East in part, 15A Bellgrove Place, 152m², LOT 2 DP 100239

for a 1372m² new pocket park and walkway situated on:

iii) part of 30-36 Bellgrove Place, 242m², LOT 6 DP 96572

iv) part of 35-40 Bellgrove Place, 906m², LOT 5 DP 96572

v) part of 27-33 Bellgrove Place, 44m², LOT 4 DP 96572

vi) part of 7-13 Bellgrove Place, 54m², LOT 3 DP 100239

vii) part of Bellgrove Road Reserve, 126m².

b) note that Kāinga Ora will provide capital investment to develop the pocket park in general accordance with the indicative design in Attachment A with the agreement of the local board.

Horopaki

Context

There are opportunities to enhance open space provision in Avondale

9. Kāinga Ora is redeveloping the site centred around Bellgrove Place, Avondale. Its masterplan for the area includes replacing 90 existing dwellings with approximately 229 new dwellings.

10. Key elements of the masterplan incorporate removing the existing cul-de-sac on Bellgrove Place and establishing new roads to connect with the surrounding network.

11. This redevelopment presents opportunities for Auckland Council to improve the amenity and functionality of existing open space around Bellgrove Place.

12. Auckland Council currently owns two small unclassified recreation reserves off Bellgrove Place. Figure 1 shows the location, size, and layout of these two lots.

Figure 1: Bellgrove Reserve East and Bellgrove Reserve West

Kāinga Ora has proposed a land exchange

13. To facilitate the implementation of the masterplan, Kāinga Ora requests to exchange Bellgrove Reserve West (245m²) and parts of Bellgrove Reserve East (152m²) for 1372m² of Kāinga Ora land.

14. This exchange would enable the development of a pocket park and a six-metre wide thoroughfare with footpath wider at the southern end to accommodate an existing tree.

15. Bellgrove Reserve East currently contains a playground and a large Eucalyptus cinerea tree which provides a unique ecological feature. The proposed land exchange retains the tree and provides for new nature play equipment.

16. Kāinga Ora will provide the capital investment to develop the pocket park with agreement by the Whau Local Board.

17. Figure 2 shows the proposed Kāinga Ora land (shaded blue) to be exchanged to Auckland Council as local purpose reserve (recreation). Shaded in red is Auckland Council reserve land to be exchanged to Kāinga Ora.

Figure 2: Proposed land exchange areas

Land to be exchanged to Auckland Council as local purpose reserve (recreation) (SHADED BLUE)
Shown	Legal Name		Area (Total = 1,372m²)			Current owner
S1 (Lot A)	LOT 6 DP 96572		242m²			Kāinga Ora
S2 (Lot B)	LOT 5 DP 96572		906m²			Kāinga Ora
S3 (Lot C)	LOT 4 DP 96572		44m²			Kāinga Ora
S4 (Road)	ROAD RESERVE (see note)		84m²			Auckland Transport
S5 (Lot D)	LOT 3 DP 100239		54m²			Kāinga Ora
S6 (Road)	ROAD RESERVE (see note)		42m²			Auckland Transport
Note: Kāinga Ora has proposed Bellgrove Place road reserve, including S4 and S6, is stopped and acquired by Kāinga Ora. S4 and S6 would then be exchanged to Auckland Council. This process is already underway with Auckland Transport.

Land to be exchanged to Kāinga Ora (SHADED RED)
Shown		Legal Name		Area (Total = 397m²)	Current owner
S7 (B.R.West)		LOT 5 DP 100239		245m²	Auckland Council
S8 (B.R.East)		LOT 2 DP 100239		81m²	Auckland Council
S9 (B.R.East)		LOT 2 DP 100239		71m²	Auckland Council
Note: S10, currently part of Bellgrove Reserve East, will remain Auckland Council open space.

The land exchange process is set out in the Reserves Act 1977

18. Section 15 of the Reserves Act prescribes the process for a land exchange between reserves and other land. The process has four key steps:

· the administering body (in this case Auckland Council) publicly notifies its intention to undertake the land exchange and calls for objections in writing, allowing a period of at least one month for objections to be received

· after a period of at least one month following public notification the administering body considers all objections to the proposed land exchange

· the administering body passes a resolution supporting the land exchange if it considers it appropriate to do so considering the objections received

· a copy of the resolution supporting the land exchange is forwarded to the Minister of Conservation, or their delegate, along with the objections for authorisation.

19. Relevant mana whenua must also be consulted.

There is shared decision-making for the acquisition of open space

20. The decision-making allocations for the acquisition of land for parks and open space is set out in Volume Two of the Long-term Plan 2018-2028.

21. The governing body is responsible for:

· the number and general location of all new parks and the prioritisation of major upgrades to existing parks (including sports fields within parks)

· acquisition and divestment of all park land, including the disposal or surplus parks, excluding any disposals and reinvestment made in accordance with the Service Property Optimisation Approach.

22. Local boards are responsible for the specific location of new local parks (including the prioritisation for acquisition) within budget parameters agreed with the governing body.

Tātaritanga me ngā tohutohu

Analysis and advice

The proposed land exchange is assessed as high priority

23. Land exchanges are assessed against criteria in the Parks and Open Space Acquisition Policy 2013 and Parks and Open Space Provision Policy 2016.

24. The land exchange at Bellgrove Place is deemed high priority due to the potential benefits arising from the proposed exchange.

25. Table 1 provides a summary of the assessment of the proposed disposal of Bellgrove Reserve West and parts of Bellgrove Reserve East in exchange for a new pocket park.

Table 1: Initial assessment of the open space benefits that could result from the proposed land exchange

Acquisition criteria

Comment

Total Rating

Meeting community needs, now and in the future

· Bellgrove Reserve West and Bellgrove Reserve East are currently too small to meet open space provision policy

· 1000m² is the smallest suggest size for a pocket park and the current combined Bellgrove reserves are 630m²

· The proposed new pocket park would be 1140m² which meets provision policy

The land exchange

is a high priority

Connecting parks and open spaces

· Bellgrove Reserve West and Bellgrove Reserve East currently provide no benefit to connecting parks and open spaces

· The proposed pocket park and thoroughfare would provide a central pedestrian link across the proposed residential superlot and then further access for the community to Riversdale Road and Reserve

Protecting and restoring Auckland’s unique features and meanings

· Bellgrove Reserve West and Bellgrove Reserve East have no known historic heritage, landscape, geological or cultural values

· Bellgrove Reserve East has a large Eucalyptus cinerea which provides a unique ecological feature

· The proposed new pocket park and thoroughfare accommodate the retention of this tree on site which aligns with protecting unique features

Improving the parks and open spaces we already have

· Bellgrove East Reserve provides no benefit as a park and is unlikely to in the future

· Bellgrove West Reserve currently provides play equipment for the area but does not offer sizable open space. The benefits of the play equipment should be retained.

· The proposed pocket park indicative plans include new play equipment, multi-functional outdoor space, seating areas and bike racks.

· The proposed pocket park and walkway would provide a larger (+975m²) more useful, and better multifunctional space than the currently split Bellgrove East Reserve and Bellgrove West Reserve

26. The land exchange could benefit the local community by:

· increasing amenity values and open space (net gain 975m²)

· providing more multifunctional and useable recreational space

· delivering better sightlines and pedestrian access to open space.

27. Staff recommend that the local board support public notification of the proposed land exchange.

Tauākī whakaaweawe āhuarangi

Climate impact statement

28. Vegetation on parks and open space can serve as temperature regulators through shade and evapotranspiration. Plants and woodlands can also process and store carbon, helping to offset the accumulation of greenhouse gases in the atmosphere.

29. Parks and open space also act as collection points for surface and run-off water, reducing flood risks during storms.

30. Climate change is expected to bring increasing temperatures, rising sea levels and changing rainfall patterns. Park development proposals will need to reflect these effects and take into consideration the environmentally sensitive ways parks and open space must be managed to achieve their benefits. This includes energy and waste reduction, and conserving water resources.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31. The land exchange process involves road stopping Bellgrove Place. The road stopping process is currently underway between Kāinga Ora and Auckland Transport.

32. Parks Sports and Recreation have expressed their views to retain equivalent or improved park services for the area. These services include green space, play equipment and safe visible access.

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

Local impacts and local board views

33. The Whau Local Board Plan 2020 identifies objectives aligned with the land exchange:

Objective 3.1: The Whau has community assets and open spaces that can accommodate future growth and increased housing density including:

· providing open spaces with great options for active recreation for children

· creating safe urban spaces for community interaction and (non-sport) recreation

· progressing upgrades to key parks and reserves ensuring playgrounds are fit for purpose

· advocating for the increased provision of accessible green space in Avondale in the context of rapidly increasing population density.

34. The Whau Open Space Network Plan 2017 identifies Bellgrove Reserve East and West as low priority for upgrading the play equipment and ecological restoration.

35. Staff attended a workshop with the local board on 12 August 2020 to present the land exchange. The local board had questions on Kāinga Ora’s overall development plan and expressed community concerns of the loss of tree coverage.

36. Indicative designs for the future pocket park which includes planting, seating, and a small section of nature play equipment, are included in Attachment A. Kāinga Ora will approve any final designs with the local board after the land exchange process concludes.

37. The Whau Local Board visited the proposed land exchange site on 21 October 2020 as part of their workshop schedule. The board members expressed their interests in maintaining the native, mature trees on site and in having the park reconfigured into a more rectangular-shaped parcel of land as opposed to the proposed ‘L-Shape’ park.

38. Local board support to publicly notify the proposed land is sought through this report. The public consultation process will enable residents to express their views.

39. Kāinga Ora have agreed to provide capital investment to develop the pocket park with the agreement of the local board who is the delegated decision maker.

Tauākī whakaaweawe Māori

Māori impact statement

40. The provision of quality parks and open spaces has broad benefits for Māori, including:

· helping facilitate Māori participation in outdoor recreational activity

· helping make Auckland a green, resilient, and healthy environment consistent with the Māori worldview of the natural world and their role as kaitiaki of the natural environment.

41. The proposed land exchange does not contain any known sites or places of significance to mana whenua according to the Auckland Unitary Plan management layer.

42. Subject to the proposed land exchange being approved for public notification, consultation with mana whenua will be undertaken under section 4 of the Conservation Act 1987.

Ngā ritenga ā-pūtea

Financial implications

43. There are no financial implications of public notification of a proposed land exchange. The costs of public and mana whenua engagement on the land exchange will be met within current budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

44. There is a low legal risk to council if it manages the land exchange in accordance with section 15 of the Reserves Act 1977. Key aspects of this process include public and mana whenua consultation. Approval is sought to undertake this consultation.

45. There is a low delivery risk as there is no guarantee that the proposed land exchange will be:

· approved by the governing body for notification

· supported by mana whenua through the consultation process

· supported by the public through the consultation process

· supported by the governing body following consultation

· authorised by the Minister of Conservation or their delegate.

46. Kāinga Ora will manage any risks associated with their redevelopment projects in Avondale.

47. Bellgrove Reserve East and Bellgrove Reserve West are unclassified recreation reserve land. It is desirable to classify a reserve before exchanging so the area acquired is classified for the appropriate purpose. There is low risk proceeding with the exchange of the unclassified reserves since Kāinga Ora have proposed to classify the exchanged land as local purpose reserve (recreation).

Ngā koringa ā-muri

Next steps

48. The local board’s views on the proposed land exchange will be included in a report to the Parks, Arts, Community and Events Committee on 11 March 2021 seeking public notification approval.

49. Staff will report back to the local board after the public consultation ends seeking local board views on the outcome.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Kāinga Ora masterplan and indicative designs for the new pocket park and walkway	29

Ngā kaihaina

Signatories

Author

Maclean Grindell - Policy Analyst

Authorisers

Kataraina Maki – General Manager - Community and Social Policy

Adam Milina - Local Area Manager

Whau Local Board

24 February 2021

Public feedback on proposal to amend the Alcohol Control Bylaw 2014

File No.: CP2021/00526

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 provides its views on public feedback to the proposal, and if it wishes, presents 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 boards 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 Whau Local Board:

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

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

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

i) [local board to determine at meeting]

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

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

Horopaki

Context

The Alcohol Control Bylaw enables council to make alcohol bans

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

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

10. The New Zealand Police enforce alcohol bans.

Council proposed amendments to improve the Bylaw for public feedback

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

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

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

· new temporary alcohol bans for major events^{^[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 48 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	70 per cent	75 per cent
1B: New temporary alcohol ban for ‘Christmas in the Park’ at Pukekawa / Auckland Domain	77 per cent	75 per cent
1C: New temporary alcohol ban for all major events at Eden Park	67 per cent	72 per cent
1D: New temporary alcohol ban for all major events at Rarotonga / Mount Smart Stadium	76 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	67 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 er 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 provides its views on the public feedback by resolution, and if it wishes, presents 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	37
b ⇨	Public feedback from people in the Whau Local Board area (Under Separate Cover)
c ⇩	'Have Your Say' event feedback	65
d ⇩	Operational and non-bylaw-related feedback	67
e ⇩	Draft Bylaw Panel deliberations report	69