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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 20 April 2021

2.00pm

Devonport-Takapuna Local Board Officer
1 The Strand
Takapuna

 

Devonport-Takapuna Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Aidan Bennett, QSM

 

Deputy Chairperson

George Wood, CNZM

 

Members

Trish Deans

 

 

Ruth Jackson

 

 

Jan O'Connor, QSM

 

 

Toni van Tonder

 

 

(Quorum 3 members)

 

 

 

Rhiannon Foulstone-Guinness

Democracy Advisor

 

14 April 2021

 

Contact Telephone: 021 815 313

Email: rhiannon.guinness@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Devonport-Takapuna Local Board

20 April 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                                                                                                          6

6          Acknowledgements                                                                                                       6

7          Petitions                                                                                                                          6

8          Deputations                                                                                                                    6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Devonport-Takapuna Local Board Grants Programme 2021/2022                          9

12        Approval of additional play equipment at Gould Reserve, Takapuna                   17

13        Lease termination to Takapuna Services and Social Bowling Club Incorporated and expressions of interest at 2 Mary Poynton Crescent, Takapuna.                          27

14        Grant a new community licence to Forrest Hill Community Garden Trust for par of land at R 12 Seine Road, Seine Reserve, Forrest Hill.                                            35

15        Public feedback on proposal to make new navigation rules                                  47

16        Proposal to make a new Public Trading and Events Bylaw                                 209

17        Statement of proposal to amend the Animal Management Bylaw and controls 291

18        Auckland Transport – Regional Land Transport Programme 2021                     393

19        Proposal to vary the Regional Fuel Tax (RFT) scheme                                         495

20        Draft Statement of Expectations for Council-controlled Organisations             549

21        Review of the Code of Conduct - draft revised code                                             581

22        Auckland Council’s Performance Report: Devonport-Takapuna Local Board for November 2020 to February 2021                                                                            685

23        Input into Auckland Council submission to central government - Inquiry into congestion pricing in Auckland                                                                               725

24        Wairau catchment working group meeting, Monday 15 March, 2021                 759

25        Chairpersons' Report                                                                                                837

26        Elected Members' Reports                                                                                        839

27        Devonport-Takapuna Local Board - Record of Workshops March 2021            841

28        Governance Forward Work Calendar                                                                      849

29        Consideration of Extraordinary Items

 


1          Welcome

 

The meeting will open the meeting with a karakia.

 

Whakataka te hau ki te uru                 Cease o winds from the west

Whakataka te hau ki te tonga             Cease o winds from the south

Kia mākinakina ki uta                          Bring calm breezes over the land

Kia mātaratara ki tai                            Bring calm breezes over the sea

E hī ake ana te atakura                      And let the red-tipped dawn come

He tio                                                   With a touch of frost

He huka                                              A sharpened air

He hau hū                                           And promise of a glorious day.

Tīhei mauri ora

 

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.

 

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected

members to fully acquaint themselves with, and strictly adhere to, the provisions of

Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of

interest:

 

i.      A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member.

ii.     A non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

 

The Office of the Auditor General has produced guidelines to help elected members

understand the requirements of the Local Authority (Member’s Interest) Act 1968. The

guidelines discuss both types of conflicts in more detail and provide elected members with

practical examples and advice around when they may (or may not) have a conflict of        interest.

 

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office

of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the Code or the guidelines may be directed to the Local Area Manager in the first instance.

 

4          Confirmation of Minutes

 

That the Devonport-Takapuna Local Board:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 16 March 2021, 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 Devonport-Takapuna 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.”


Devonport-Takapuna Local Board

20 April 2021

 

 

Devonport-Takapuna Local Board Grants Programme 2021/2022

File No.: CP2021/03310

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the Devonport-Takapuna Grants Programme 2021/2022.

Whakarāpopototanga matua

Executive summary

2.       The Auckland Council Community Grants Policy guides the allocation of local, multi-board and regional grant programmes to groups and organisations delivering projects, activities and services that benefit Aucklanders.

3.       The Community Grants Policy supports each local board to review and adopt their own local grants programme for the next financial year.

4.       This report presents the Devonport-Takapuna Grants Programme 2021/2022 for adoption (as provided in Attachment A to this report).

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      adopt the Devonport-Takapuna Grants Programme 2021/2022 in Attachment A.

 

 

Horopaki

Context

5.       The Auckland Council Community Grants Policy guides the allocation of local, multi-board and regional grant programmes to groups and organisations delivering projects, activities and services that benefit Aucklanders.

6.       The Community Grants Policy supports each local board to review and adopt its own local grants programme for the next financial year. The local board grants programme guides community groups and individuals when making applications to the local board.

7.       The local board community grants programme includes:

· outcomes as identified in the local board plan

· specific local board grant priorities

· which grant types will operate, the number of grant rounds and opening and closing         dates

· any additional criteria or exclusions that will apply

· other factors the local board consider to be significant to their decision-making.

8.       Once the local board grants programme 2021/2022 has been adopted, the types of grants, grant rounds, criteria and eligibility will be advertised through an integrated communication and marketing approach which includes utilising the local board channels.

Tātaritanga me ngā tohutohu

Analysis and advice

9.       The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. The new Devonport-Takapuna Grants Programme was workshopped with the local board on Tuesday 9 February 2021. Feedback received has been incorporated into the grants programme for 2021/2022.

Tauākī whakaaweawe āhuarangi

Climate impact statement

10.     The local board grants programme aims to respond to Auckland Council’s commitment to address climate change by providing grants to individuals and groups with projects that support community climate change action. Local board grants can contribute to climate action through the support of projects that address food production and food waste; alternative transport methods; community energy efficiency education and behaviour change; build community resilience and support tree planting.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

11.     The grants programme has no identified impacts on council-controlled organisations and therefore their views are not required.

12.     Based on the main focus of an application, a subject matter expert from the relevant council unit will provide input and advice. The main focus of an application is identified as arts, community, events, sport and recreation, environment or heritage.

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

Local impacts and local board views

14.     All grant programmes respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to organisations delivering positive outcomes for Māori. Applicants are asked how their project aims to increase Māori outcomes in the application process.

Tauākī whakaaweawe Māori

Māori impact statement

15.     All grant programmes respond to Auckland Council’s commitment to improving Māori wellbeing by providing grants to organisations delivering positive outcomes for Māori. Applicants are asked how their project aims to increase Māori outcomes in the application process.

Ngā ritenga ā-pūtea

Financial implications

16.     The allocation of grants to community groups is within the adopted Long-Term Plan 2018 -2028 and local board agreements.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

17.     The allocation of grants occurs within the guidelines and criteria of the Community Grants Policy. Therefore, there is minimal risk associated with the adoption of the grants programme.

Ngā koringa ā-muri

Next steps

18.     An implementation plan is underway and the local board grants programme will be locally advertised through the local board and council channels, including the council website, local board Facebook page and communication with past recipients of grants.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Devonport-Takapuna Grants Programme 2021/2022

13

      

Ngā kaihaina

Signatories

Author

Moumita Dutta - Senior Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Approval of additional play equipment at Gould Reserve, Takapuna

File No.: CP2021/01786

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve the concept plan for additional play equipment to be installed at Gould Reserve, Takapuna. 

Whakarāpopototanga matua

Executive summary

2.       The Devonport-Takapuna Local Board (the local board) since 2017 has been undertaking a renewal of the toilet and changing room at Gould Reserve, Takapuna.  The asset was identified for renewal by the local board in 2017, following ongoing complaints from the community about its condition.

3.       Since late-2019, staff have been working with Mr. and Mrs. Reeve (the Reeves) and their representatives on several projects to significantly improve accessibility and access to the reserve and beach.  The following table lists these projects:

Project

Description

Status

Roll-out beach mat at Takapuna Beach

The mat was installed in December 2020 and provides people of all abilities to access the firm sand and ultimately the water’s edge at the beach. 

The Reeves funded the beach mat, and the ongoing maintenance is funded by YES Disability Foundation.

Complete.

The beach mat has been operational since the 2020/2021 summer period.

Upgrading the toilet block to include a Changing Places room

The Changing Places room provides people with multiple or complex disabilities to get changed in a safe, clean environment.  It has facilities for toileting, showering, and changing for adults or children who might have more than one caregiver with them. 

The Reeves also funded the design, building consent and physical works for the Changing Places room, and the ongoing maintenance will be funded by Auckland Council. 

The local board approved the updated concept design for the toilet block, which includes the Changing Places room at their 1 December 2020 business meeting.

In progress.

The local board approved the updated concept plan for the toilet at their December 2020 business meeting.

Physical works are expected to commence in late April 2021, following the end of the America’s Cup and summer period.

 

4.       Once the existing toilet block has been demolished and cleared, the final project is to install additional play equipment and make landscaping improvements in the area.  This opportunity was presented to the local board at their 17 March 2020 business meeting, where it was resolved:

Resolution number DT/2020/28

That the Devonport-Takapuna Local Board:

b) support the proposal to consider additional play equipment and other assets at Gould Reserve, Takapuna.

5.       A concept plan for the area has been developed, which features the following:

·    play equipment which have a focus on accessible play for all abilities.  This includes a wheelchair swing, monorail and talk tubes;

·    the proposed area will be fully integrated with the new toilet block, and existing playground;

·    improved landscaping and ecology, which include hedging and mass plantings which will separate the footpath and carpark from the play space;

·    improve accessibility and connections (for all abilities) at the reserve and beach;

·    improve the overall amenity of the reserve; and

·    replace and improve existing assets such as park benches and showers.

6.       The Reeves representatives have prepared a concept plan for the local board’s approval.  The concept plan is included as Attachment A.

7.       The cost of design, consents, purchasing the assets and physical works are estimated to be between $500,000 and $600,000.  These costs have been committed by the Reeves and will be fully funded by them.

8.       Operational maintenance costs will be covered through the existing full facility maintenance contract and will be of no additional cost to the local board.

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      approve the concept design for additional play equipment at Gould Reserve, Takapuna changing, as per Attachment A to the agenda report, and request staff to progress the project to detailed design, consents and construction

Horopaki

Context

9.       The Devonport-Takapuna Local Board (the local board) since 2017 has been undertaking a renewal of the toilet and changing room at Gould Reserve, Takapuna.  The asset was identified for renewal by the local board in 2017, following ongoing complaints from the community about its condition.

10.     In late-2019, staff were approached by Mr. and Mrs. Reeve (the Reeves) and their representatives about the potential for additional play equipment and other assets being installed at Gould Reserve, Takapuna.  The Reeves are local philanthropists who funded and drove the development of the playground at Gould Reserve in 2016.  Upon learning about the toilet and changing room facility renewal, the Reeves expressed interest to provide:

·    additional play equipment at the vacated toilet and changing room site. These assets will have a focus on accessible play for all abilities;

·    a roll-out beach mat at Takapuna Beach for people to use over summer; and

·    upgrade the toilet and changing room facility to include a Changing Places room.

11.     Since receiving support from the local board, staff, the Reeves’ representatives and key partners (i.e. Changing Places New Zealand and YES Disability Trust) have progressed and / or and delivered the following projects: 

Project

Description

Roll-out beach mat at Takapuna Beach

The mat was installed in December 2020 and provides people of all abilities to access the firm sand and ultimately the water’s edge at the beach. 

The Reeves funded the beach mat, and the ongoing maintenance is funded by YES Disability Foundation.

Upgrading the toilet block to include a Changing Places room

The Changing Places room provides people with multiple or complex disabilities to get changed in a safe, clean environment.  It has facilities for toileting, showering, and changing for adults or children who might have more than one caregiver with them. 

The Reeves also funded the design, building consent and physical works for the Changing Places room, and the ongoing maintenance is funded by Auckland Council. 

The local board approved the updated concept design for the toilet block, which includes the Changing Places room at their 1 December 2020 business meeting.

 

Tātaritanga me ngā tohutohu

Analysis and advice

Concept plan for additional play equipment

12.     Once the existing toilet block has been demolished and cleared, the final project is to install additional play equipment and make landscaping improvements in the area.  This opportunity was presented to the local board at their 17 March 2020 business meeting, where it was resolved:

Resolution number DT/2020/28

That the Devonport-Takapuna Local Board:

b) support the proposal to consider additional play equipment and other assets at Gould Reserve, Takapuna.

13.     A concept plan for the area has been developed, which features the following:

·    play equipment which have a focus on accessible play for all abilities.  This includes a wheelchair swing, monorail and talk tubes;

·    the proposed area will be fully integrated with the new toilet block, and existing playground;

·    improved landscaping and ecology, which include hedging and mass plantings which will separate the footpath and carpark from the play space;

·    improve accessibility and connections (for all abilities) at the reserve and beach;

·    improve the overall amenity of the reserve; and

·    replace and improve existing assets such as park benches and showers.

14.     The Reeves’ representatives have prepared a concept plan for the local board’s approval.  The concept plan is included as Attachment A.


 

Asset costings, operational maintenance and renewals

15.     The cost of design, consents, purchasing the assets and physical works are estimated to be between $500,000 and $600,000.  These costs have been committed by the Reeves and will be fully funded by them.

16.     Operational maintenance costs will be covered through the existing full facility maintenance contract and will be of no additional cost to the local board.

17.     The renewal of these assets will also be funded by future local board capital budgets. 

18.     Based on the above, there will be no impact on the local board’s operational and capital budgets (both Locally Driven Initiatives and Asset Based Services budgets).

 

Other relevant matters

19.     At the February 2021 Local Board Community Forum, the Public Water Project gave a presentation and detailed their aspiration for more drinking fountains in parks and reserve across the local board area.  One of their preferred sites was a drinking fountain by the playground at Gould Reserve.

20.     Since the presentation, council staff have advised the Public Water Project representatives that a drinking fountain will be installed and funded as part of the toilet block renewal.  The proposed design of the drinking fountain ensures that is can be used by people of all abilities, and also includes a water bottle refill station. 

21.     The Public Water Project representatives have also discussed the proposed drinking fountain with the Reeves.  It is understood that all parties are supportive of the proposed drinking fountain.

22.     The proposed drinking fountain is included as Attachment B to this report. 

 

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

23.     The following table outlines the respective comments and considerations from the relevant council units:

Council unit or CCO

Position

Rationale

Community Facilities

Support

·      Aligns with the objectives detailed in the local board’s Takapuna Beach Reserve South Concept Plan.

·      Repurposes the to-be vacated site with an identified need.

·      Significantly improves the overall amenity of the reserve.

Parks and Places

Support

·      Aligns with the objectives detailed in the local board’s Takapuna Beach Reserve South Concept Plan.

·      Strongly aligns to similar activities being proposed on the reserve and beach (i.e. the development of the Changing Places room and beach mat).

·      Significantly improves the overall amenity of the reserve.

·      Addresses a gap in play provision for people of varying ages and abilities.

 

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

Local impacts and local board views

24.     The local impacts of this development will be positive for both the local area and the accessibility sector.  The additional play equipment coupled with the Changing Places room and beach mat will likely make Gould Reserve and Takapuna Beach a premium destination for people of all abilities to visit and enjoy.

25.     The local board has provided in-principal support for the additional play equipment at their 17 March 2020 business meeting, where it was resolved:

Resolution number DT/2020/28

That the Devonport-Takapuna Local Board:

b) support the proposal to consider additional play equipment and other assets at Gould Reserve, Takapuna.

Ngā ritenga ā-pūtea

Financial implications

26.     As outlined in the report, there are no financial implications for either the local board or council. This is because the:

·    cost of design, consents, purchasing the assets and physical works for the play equipment will be funded in full by the Reeves; and

·    operational maintenance costs will be covered under the council’s full facility maintenance contract at no additional cost to the local board.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27.     Staff have identified the following risks associated with the project:

·    the financial contribution from the Reeves will likely be lost if the local board does not support the concept plan;

·    once the existing toilet block is removed, the vacated site will likely stay in its current condition and form.  This means no landscaping, paths or plantings will be undertaken; and

·    a lot of volunteer time, energy and goodwill has gone into incorporating into the project, and there would be disappointment across sectors of the community should the concept plan not be supported.

Ngā koringa ā-muri

Next steps

28.     If the recommendation to adopt the concept plan is approved by the local board, the project will be progressed through the detailed design, consents and procurement phases to project delivery.

 

 

 

 

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Concept plan - Additional play equipment at Gould Reserve, Takapuna

23

b

Proposed drinking fountain to be installed as part of Gould Reserve toilet renewal

25

     

Ngā kaihaina

Signatories

Author

Tristan Coulson - Senior Local Board Advisor

Authoriser

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 



Devonport-Takapuna Local Board

20 April 2021

 

 

Proposed drinking fountain to be installed as part of Gould Reserve toilet renewal


Devonport-Takapuna Local Board

20 April 2021

 

 

Lease termination to Takapuna Services and Social Bowling Club Incorporated and expressions of interest at 2 Mary Poynton Crescent, Takapuna.

File No.: CP2021/03604

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To terminate the current month-by-month operative lease to Takapuna Services and Social Bowling Club Incorporated at 2 Mary Poynton Crescent, Takapuna.

2.       To approve an Expressions of Interest process for the premises that are to become vacant.

Whakarāpopototanga matua

Executive summary

3.       Takapuna Services and Social Bowling Club Incorporated (the bowling club) has a community lease over land for its building and improvements at 2 Mary Poynton Crescent, Takapuna.

4.       The lease was granted by the former North Shore City Council, commencing 1 January 2008 for a term of 10 years with one right of renewal for a further 10 years. The first lease term expired 31 December 2017.

5.       The bowling club indicated the intention to exercise the right of renewal in 2017 when a completed lease renewal application was received. 

6.       On assessing the application, staff raised concerns with the bowling club members regarding the declining membership numbers and use of the facilities. The current membership numbers are not viable to support the bowling clubs’ ongoing obligations.

7.       Additionally, there is a lack of appropriate facilities on the premises to attract members and other casual users for the purpose of playing lawn bowls. The premises that comprise the original locker room do not provide catering, bar and liquor services, proper toilets, or parking.

8.       Community Leasing staff met with representatives of the bowling club on multiple occasions between 2017 and 2020 to discuss the best way forward to increasing membership, use of the facilities and the lease renewal process. Since then, the membership has continued to decline, and staff have concerns about the sustainability of the club.

9.       Staff from Community Empowerment and Parks, Sports and Recreation have met with club representatives and advice has been sought from Bowls North Harbour.

10.     There is concern from all parties about the decline in membership, the inadequate facilities, and the underutilization of the area. The recommendation in this report is supported as it would enable greater use and access, than is currently available and allow considerations of options for activities that would complement the facilities in the area.

11.     This report recommends that the Devonport-Takapuna Local Boards terminate the community lease to Takapuna Services and Social Bowling Club Incorporated, allowing the bowling club an appropriate amount of time to vacate the premises and direct staff to undertake an Expressions of Interest process for the future use of the site.

 

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      terminate the community lease to the Takapuna Services and Social Bowling Club Incorporated, six months from the date of the local board resolution

b)      agree to the early surrender of lease by Takapuna Services and Social Bowling Club Incorporated, should it vacate the premises prior to the six months termination

c)      request staff undertake an Expressions of Interest process to invite potential community groups to occupy the premises vacated by the bowling club.

Horopaki

Context

12.     This report considers the termination of lease to Takapuna Services and Social Bowling Club Incorporated for its clubrooms and bowling green at 2 Mary Poynton Crescent, Takapuna.

13.     The Devonport-Takapuna Local Board is the allocated authority relating to local, recreation, sport, and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

Takapuna Services and Social Bowling Incorporated

14.     Takapuna Services and Social Bowling Incorporated is a registered incorporated society with a purpose to provide a sporting and charitable service to the community for the purpose of playing the game of lawn bowls.

15.     The bowling club has a community lease for its building and improvements at 2 Mary Poynton Crescent, Takapuna. The building and improvements are located on land legally described as Lot 3 Deposited Plan 62330, held in fee simple by Auckland Council under the Local Government Act 2002.

16.     A community lease to the bowling club was granted by the former North Shore City Council, commencing 1 January 2008 for a term of 10 years with one right of renewal for a further 10 years. The first lease term expired 31 December 2017. A lease renewal has not been formalised due to concerns regarding the sustainability of the club.

17.     Auckland Council staff discussed the lease renewal with the local board at a workshop in April 2018. At the time the local board supported a new lease for 2 years rather than a renewal of lease for 10 years as provided for in the lease. This was to monitor the bowling club’s performance and to allow it time to increase membership numbers, before committing to a longer lease term.

18.     In 2019, staff met with the bowling club and discussed options for membership growth and increased use of the facility. The club reported that it had canvassed local secondary schools and the wider community, offering casual playing days where participants could have the opportunity to learn the sport.

19.     Over the last three years the club has had a steady decline in membership numbers. In an application for lease renewal submitted in 2017 the club reported 20 members. As of October 2020, there are 12 members, this includes 4 lifetime members. 

Building and usage

20.     The building, bowling greens, floodlights and other improvements located within the lease area are owned by the bowling club. There is one toilet that is located on the premises of the neighbouring building, Shore Junction, that is available for use by  the club.

21.     The facilities are open at specific times on Monday, Wednesday and Saturday to members and casual players for the purpose of playing lawn bowls. Additionally, the premises can be booked out for events.

22.     Due to the size of the building, lack of additional facilities such as a kitchen, bar, proper toilets and parking the bowling club has found it difficult to attract new players or book events. Such facilities are adequately provided for by in a number ofnearby bowling clubs.

23.     Prior to the closure of the Takapuna RSA, that occupied the  building now leased to Shore Junction bowling club members had access to the RSA bar, restaurant and meeting facilities.

24.     Since closure of the RSA there has been a clear decline in members and this has is turn resulted in an area that is not being utilized to its full potential

Sustainability of bowling clubs

25.     The Bowls New Zealand adopted facilities strategy document “Bowls 2020 – Securing Our Future” indicates the unsustainability of the number of bowling clubs throughout New Zealand and recommended partnerships/amalgamation of neighbouring clubs.

26.     The statistics mentioned below are limited to bowling clubs that are part of Bowls New Zealand and its regional organisations including Bowls North Harbour . The Takapuna Services and Social Bowling Club is not affiliated with a national or regional organisation. However, the document provides information that can be applied to all bowling clubs.

27.     At the time of publication of the document (December 2010) there were 583 bowling clubs in New Zealand. As of 2019 there are 485 bowling clubs, a reduction  of 98 bowling clubs nationally. In most cases, these clubs closed their doors due to falling membership.

28.     The Takapuna Services and Social Bowling Club has eight playing members and four life members. The Bowls New Zealand strategic document notes that for a bowling club to be sustainable, there should be approximately 80-110 players per green.

29.     With the trend in declining membership numbers of the sport nationally and the already low membership of the Takapuna Services and Social Bowling Cub, to operate as an individual club, with no support, is not sustainable. A club will incur ongoing operational and maintenance costs, and periodically significant capital costs for the replacement of greens, lights and clubrooms. These costs cannot be met with such low membership.

30.     This report recommends that the lease to Takapuna Services and Social Bowling Club Incorporated be terminated.

Termination of lease

31.     Auckland Council’s Community Occupancy Guidelines sets out the requirements for community occupancy agreements. Council reserves the right to investigate and terminate an occupancy agreement on notice, in accordance with the terms of the agreement.

32.     Section 33 of the lease agreement states that Auckland Council “may revoke this lease at any time on six months’ written notice to the Lessee to this effect if in the Council’s sole and absolute discretion it resolves that it is necessary or desirable to do so”.

33.     It is recommended that the current lease agreement to Takapuna Services and Social Bowling Incorporated be terminated. The bowling cub will be given a period of six months from the date of resolution for the lease termination and corresponding vacating of the site (identified in Attachment A). Council staff will assist the club through this process.

34.     The existing members of the bowling club can be accommodated at number of neighbouring clubs including Milford Bowling Club, Sunnybrae Bowling Club and Takapuna Bowling Club. These clubs have well-maintained clubrooms, nearby parking available for use, more than one bowling green and are situated within a short distance of this bowling club’s current location.

35.     Termination of the lease would provide an opportunity to review the use of the site and consider options that could complement the facilities and services now available at Shore Junction. This would open the space to the community for other uses and enable greater use and access of an area than is currently unavailable

Expressions of interest

36.     Where a building and/or community lease land becomes vacant, it is recommended council staff undertake an Expressions of Interest process. This involves advertising the vacant site via local newspaper and holding site visits with prospective community groups.

37.     Should the Devonport-Takapuna Local Board resolve to terminate the lease to the bowling club, it is recommended that an expressions of interest process is initiated. Staff can work with the board and other internal stakeholders if any community needs are identified that should be emphasized during the expressions of interest process.

38.     Once the expressions of interest process is completed, staff will discuss the applications with the board and report further for any decisions required.

Tauākī whakaaweawe āhuarangi

Climate impact statement

39.     The designated impact level of the recommended decision on greenhouse gas emissions falls within the “no impact” category as it is unlikely introduce new sources of emissions.

40.     The land at 2 Mary Poynton Crescent, Takapuna does not sit within a flood plain.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

41.     Staff from Community Empowerment and Park, Sports and Recreation have been consulted on this lease item. Feedback was received raising concerns about the decline in membership, the inadequate facilities, and the underutilization of the area.

42.     The Strategic Advisor and Sports and Recreation Team Leaders are supportive of the recommendations in this report. 

43.     The recommendations have 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

44.     The recommendations in this report fall within the local board’s allocated authority relating to local, recreation, sports, and community facilities.

45.     The lease renewal and proposed variation to the bowling club was an item on the Devonport-Takapuna Local Board Community Lease Work Programme 2019/2020. 

46.     This lease item has been deferred for the past three work programmes due to Council staff working with the bowling club to try to achieve its community objectives and grow membership numbers.

Tauākī whakaaweawe Māori

Māori impact statement

47.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligation and fall within a local government Tamaki Makaurau context. 

48.     These commitments are articulated in the council’s key strategic planning documents the Auckland Plan, 2018-2028 Long-term Plan, Unitary Plan and Local Board Plans. The purpose of community leases is to encourage participation and create local benefits for all. 

49.     There is no statutory requirement for public notification or iwi engagement for the termination of a lease agreement or to run an expressions of interest process. However, staff will consult with iwi regarding their interest and other proposed uses of the site.

Ngā ritenga ā-pūtea

Financial implications

50.     Rent for the facility is currently set at one dollar ($1) per annum which is in accordance with the provisions of the Community Occupancy Guidelines 2012. Termination of the lease will not impact on local board income.

51.     Depending on the future use ofthe site, council may need to allow for the cost of consequential maintenance of the assets. This may be for a short period until the site is utilised and assets handed over as part of a future leasing process, or longer term if no users for the site are identified.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

52.     Should the Devonport-Takapuna Local Board resolve not to terminate the lease agreement and run an Expressions of Interest process, the premises will remain underutilised and inaccessible to other potential users. 

53.     If no suitable applicants of the site are identified through the Expressions of Interest process, there may be some CAPEX or OPEX costs to council to change the activity of the site.

Ngā koringa ā-muri

Next steps

54.     Subject to the Devonport-Takapuna Local Board resolving to terminate the lease to Takapuna Services and Social Bowling Club Incorporated, staff will work with the bowling club to evacuate the premises.

55.     Staff will run an expressions of interest process, advertising the vacant site in relevant newspapers and the Auckland Council website.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Lease area - Takapuna Services and Social Bowling Club Incorporated at 2 Mary Poynton Crescent, Takapuna.

33

     

Ngā kaihaina

Signatories

Author

Deepal Chand - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

PDF Creator


Devonport-Takapuna Local Board

20 April 2021

 

 

Grant a new community licence to Forrest Hill Community Garden Trust for par of land at R 12 Seine Road, Seine Reserve, Forrest Hill.

File No.: CP2021/03549

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To grant a new community licence to Forrest Hill Community Garden Trust for use of part of the land at R 12 Seine Road, Seine Reserve, Forrest Hill.

Whakarāpopototanga matua

Executive summary

2.       Forrest Hill Community Garden Trust (the trust) is a newly established charitable trust. It has submitted a comprehensive application for a community licence to occupy part of land at R 12 Seine Road, Seine Reserve, Forrest Hill.

3.       In November 2018, the trust applied for landowner approval. Council staff worked with the trust to assess the suitability of the site for the proposed community garden and to agree the design plan.

4.       The landowner approval was granted subject to a community licence to occupy being obtained prior to commencement of physical works to establish the garden.

5.       Additionally, the landowner approval states the community garden and all related community garden activities must be kept within the approved licence area and activities are not to encroach beyond this approved area on the reserve.

6.       The report recommends that the Devonport-Takapuna Local Board grant Forrest Hill Community Garden Trust a new community licence to occupy part of the land at Seine Reserve. 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      note the completion of public notification and iwi engagement of Auckland Council’s intention to grant a licence to Forrest Hill Community Garden Trust

b)      grant a new community license to Forrest Hill Community Garden Trust for part of the land at R 12 Seine Road, Seine Reserve, Forrest Hill (312m2 more or less) on land legally described as Lot 18 Deposited Plan 52216 (Attachment A) subject to the following terms and conditions:

i)        term – one year, commencing 1 May 2021, with one right of renewal for a further one year

ii)       rent – $1.00 plus GST per annum

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

Horopaki

Context

Forrest Hill Community Garden Trust

7.       Forrest Hill Community Garden Trust has landowner approval to establish a community garden for part of R 12 Seine Road, Seine Reserve, Forrest Hill. The approval was granted subject to the trust obtaining a licence to occupy the area.

8.       The trust’s aim is to provide educational workshops to the community related to sustainable land management practices including composting, worm farming and pest eradication. These programmes will be delivered in partnership with The Compost Collective and Pupuke Birdsong Project.

9.       Over the last 18+ months, support for the proposed community garden has continued to grow. The trust has generated interest through social media, seedling handouts and word-of-mouth. Additionally, the trust has an active website which is consistently updated.

10.     The community garden will be open to the public at no cost.

11.     The landowner approval, granted 23 August 2019, requires all works to be in accordance with the plans prepared by the (Attachment B) and the Community Garden Management and Maintenance Plan, also prepared by the trust.

12.     The trust will be required to maintain and manage the community garden to Auckland Council standards. The completion of the community garden and its upkeep will be overseen by Auckland Council’s Facilities Manager.

13.     The group has obtained public liability insurance, sum insured $2,000,000.

14.     A timber supplier and builder have agreed to support the project, in principle, by providing materials and labour. The trust is confident of securing enough funding through community and environment focussed grants once an occupancy agreement has been finalised.

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

Seine Reserve

17.     Seine Reserve is legally described as Lot 18 Deposited Plan 52216, held in fee simple by Auckland Council as a Recreation Reserve subject to the Reserves Act 1977. The proposed activity of a community garden is permitted under the Act.

18.     As there is no operative Reserve Management Plan for Seine Reserve, a new community licence required public notification and iwi engagement with iwi identified as having an interest in the area.

19.     Forrest Hill Community Garden Trust is a newly established organisation. For this reason, it is recommended a new community licence to occupy and develop a community garden at Seine Reserve be for an initial term of one year with one right of renewal for a further one year. This recommendation is in line with the Community Occupancy guidelines, 2012.

Public notification

20.     Public notification was completed in September 2020. One objection was received from a neighbouring property owner regarding the composting toilet and facilities on their boundary line and maintenance of the garden.

21.     Council staff worked with the neighbours and the Forrest Hill Community Garden Trust to address the concerns noted in the submission.

22.     In March 2021, the neighbours advised they were satisfied with the amendments made to the design plan and that conditions in the landowner approval and licence would ensure the premises are appropriately maintained.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23.    The proposed activity of Forrest Hill Community Garden Trust and its sustainable land management practices will assist in the mitigation of global warming. The proposal of a new licence to Forrest Hill Community Garden Trust does not introduce any new source of greenhouse gas emissions.  

24.     Climate change has the potential to impact Seine Reserve as it sits within a flood plain. It is predicted to be covered by flood water during in a 1-in-100-year storm event (as shown in the image below). The community garden falls outside of this area, however, it is likely to be affected.  As this land is being used as a community garden the impact could be the loss of crops and surrounding fencing.

R 12 Seine Road, Seine Reserve, Forrest Hill.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25.     Parks and Places Specialists were consulted at the landowner approval (LOA) stage of considering the proposal. A site assessment was conducted. The specialists supported the location of the garden as it is making use of space that is currently not being utilised for any other purpose. The Facilities Manager was also consulted at this stage. The resulting conditions for an exit-strategy if the gardens or trust ceased to exist, were included in the landowner approval. 

26.     The proposed new licence has no other identified impacts on 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

27.     The recommendations in this report fall within the local board’s allocated authority relating to local, recreation, sports and community facilities.

28.     The activity of the group supports the Devonport – Takapuna Local Board Plan 2020 outcomes: “Parks, facilities and open spaces”, “Community participation and wellbeing” and “Opportunity, prosperity, and growth”.

Tauākī whakaaweawe Māori

Māori impact statement

29.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. The council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context.

30.     Support for Māori initiatives and outcomes are detailed in Te Toa Takitini, Auckland Council’s Māori Responsiveness Framework. An aim of community leasing is to increase targeted support for Māori community development projects. 

31.     Iwi engagement has been undertaken on the proposal and involved email contact providing detailed information on the proposed new licence sent on 14 August 2020. Iwi representatives were invited either to a hui or for a kaitiaki site visit to comment on any spiritual, cultural, or environmental impact with respect to the proposal. 

32.     No comments were received from iwi regarding the proposed community garden.

Ngā ritenga ā-pūtea

Financial implications

33.     All costs involved in the preparation of the lease documents are borne by Auckland Council. Costs for public notification of the intention to grant new leases where required are borne by council.

34.     There are no identifiable costs in granting a new community licence to Forrest Hill Community Garden Trust.

35.     The cost for delivering the proposed community garden will be borne by the trust.

36.     Additionally, the trust will set aside a contingency fund as part of an exit strategy should the trust cease to exist. The contingency fund will be secured over the first three years of the project and then held in perpetuity. This will allow for the cost of returning the land to its original state as part of the wider reserve.

37.     The local board’s lead financial advisor has reviewed the report and with the provisions in the lease and landowner approval, advises there are no financial implications for the local board.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38.     Should the Devonport-Takapuna Local Board resolved not to grant community leases and a licence to the community trust, the decision will materially affect its ability to provide services to the Devonport-Takapuna community.

39.     Staff advise that the benefits to the community of granting a community licence to Forrest Hill Community Garden Trust, as recommended, outweigh any risks.

Ngā koringa ā-muri

Next steps

40.     Subject to the Devonport-Takapuna Local Board’s approval to grant a new community licence to Forrest Hill Community Garden Trust; council staff will work with the group to formalise the lease documents.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site Plan – Forrest Hill Community Garden Trust at R 12 Seine Road, Seine Reserve, Forrest Hill.

41

b

Forrest Hill Community Garden design plan

43

     

Ngā kaihaina

Signatories

Author

Deepal Chand - Community Lease Specialist

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

Location Map and Lease Area

 

Seine Reserve outlined in blue. Proposed lease area: 312m2 (more or less) outlined in Red and marked ‘A’.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



Devonport-Takapuna Local Board

20 April 2021

 

 

PDF Creator

PDF Creator

PDF Creator


Devonport-Takapuna Local Board

20 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03384

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek views on how the Bylaw Panel should address matters raised in public feedback to the proposal to make new navigation rules, before a final decision is made.

Whakarāpopototanga matua

Executive summary

2.       To enable the local board to provide its views on how a Bylaw Panel should address matters raised in public feedback to the proposal to make a new Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Urungi Āhuru 2021 / Auckland Council Navigation Bylaw 2021 and associated controls, staff have prepared summary and deliberation reports.

3.       The proposal continues to regulate the use of Auckland’s navigable waters (for example by recreational vessels, kite boarders, swimmers, divers, ferries and cargo vessels) to help minimise the risk of accidents, nuisance and damage.

4.       The main proposals are to:

·      increase the maximum speed limit on the Waitemata Harbour Zone to 18 knots to allow faster movement of public transport vessels, but still travel at a safe speed

·      clarify existing rules, including about swimming, events and support vessels

·      make new rules about novel craft (for example a motorised surfboard)

·      align rules about the use of Ōrākei Basin with current accepted practices

·      remove rules about licensing of commercial vessels for hire and marine mammal protections as these are more appropriately addressed in separate legislation

·      update the format and wording of the rules to be easier to read and understand.

5.       Staff recommend that the local board provide its views on how the Bylaw Panel should address matters raised in 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 Bylaw Panel will consider all local board views and public feedback, deliberate and make recommendations to the Governing Body on 7 May 2021. The Governing Body will make a final decision in July 2021.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive the public feedback on the proposal to make a new Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Urungi Āhuru 2021 / Auckland Council Navigation Safety Bylaw 2021 and associated controls as attached to this agenda report.

b)      provide its views on how the Bylaw Panel should address matters raised in public feedback to the proposal in recommendation a) to assist the Bylaw Panel in its deliberations.

c)      appoint one or more local board members to present the views in b) to the Bylaw Panel on 7 May 2021.

d)      delegate authority to the local board chair to appoint replacement(s) to the persons in c) should an appointed member be unable to present to the Bylaw Panel on 7 May 2021.

Horopaki

Context

The Navigation Safety Bylaw and controls regulate activity on Auckland’s navigable waters

8.       The Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Urungi Āhuru 2021 / Auckland Council Navigation Bylaw 2021 and associated controls makes rules that seek to minimise the risk of accidents, nuisance and damage within Auckland’s navigable waters.

9.       The rules are administered by the Harbourmaster using a graduated approach to compliance. This includes the use of infringement fines as an alternative to prosecution.

10.     The Bylaw is one part of a wider regulatory framework that includes the:

·      Maritime Transport Act and Maritime Rules that impose national water safety rules

·      Resource Management Act to protect the environment

·      Marine Mammal Protection Act to protect marine mammals.

11.     The Bylaw expires on 31 July 2021. Council must adopt a new bylaw before that date to avoid a regulatory gap.

Council proposed a new Bylaw and associated controls for public feedback

12.     On 13 October 2020 the Governing Body approved a proposal to make a new Bylaw for public consultation (Item 11, resolution number GB/2020/117).

13.     The proposal arose from a statutory review of the Bylaw shown in the figure below.

14.     The proposal regulates the use of Auckland’s navigable waters (for example by recreational vessels, kite boarders, swimmers, divers, ferries and cargo vessels) to help minimise the risk of accidents, nuisance and damage.

15.     The proposal was publicly notified for feedback from 16 November 2020 until 14 February 2021. During that period, council received feedback from 247 people.

Decisions leading to the proposal

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

16.     The local board now has an opportunity to provide its views on how a Bylaw Panel should address matters raised in public feedback to the proposal before a final decision is made.

17.     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 7 May 2021.

18.     The nature of the views is at the discretion of the local board but must remain within the scope of the proposal and public feedback. For example, the local board could:

·      indicate support for matters raised in 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

19.     A total of 14 people and from the local board area provided feedback to the proposal via online and email feedback. There was majority support for Proposals 2 to 8 and split support for Proposal 1, 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

1:        Increase the maximum speed limit on the Waitematā Harbour Zone to 18 knots (from 12 knots) to allow faster movement of vessels (including public transport vessels).

18 per cent (5/28 submitters)

39 per cent

2:        Amend existing rules about carrying a means of communication on vessel, to carrying at least two independent forms of communication on a vessel

75 per cent (21/28 submitters)

70 per cent

3:        Make new rules about novel craft (for example a motorised surfboard)

82 per cent (23/28 submitters)

85 per cent

4a:     Make new rules for the Tamaki River Entrance

75 per cent (21/28 submitters)

69 per cent

4b:     Make new rules for the Commercial Port Area

64 per cent (18/28 submitters)

75 per cent

5:        Align rules about the use of Ōrākei Basin with current accepted practices

71 per cent (20/28 submitters)

71 per cent

6:        Remove rules about licensing of commercial vessels for hire as it more appropriately addressed in separate legislation

64 per cent (18/28 submitters)

77 per cent

7:       Remove rules about marine mammals as it more appropriately addressed in separate legislation

79 per cent (22/28 submitters)

76 per cent

8:       Clarify existing rules (including about swimming, events and support vessels) to be more certain and update the format of the Bylaw to be easier to read and understand

71 per cent (20/28 submitters)

82 per cent

20.     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:

·      ensures public safety, specifically by creating rules for novel craft

·      create dangerous wake, therefore the speed should be retained at 12 knots or reduced

·      creates clarity, reduces duplication, is more efficient, and is enforceable.

21.     The full proposal can be viewed in the link to the 13 October 2020 Regulatory Committee agenda, page 23 (Attachments A to item 9). Attachments A to D of this report contain a summary of all public feedback, all public feedback related to the local board area, operational and non-bylaw-related feedback and draft Bylaw Panel deliberations report.

Staff recommend the local board provide its views on public feedback

22.     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 7 May 2021.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23.     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

24.     The proposal impacts the operation of the Harbourmaster and other council teams involved in resource management, events and public transport (ferry operations). These teams are aware of the impacts of the proposal and their implementation role.

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

Local impacts and local board views

25.     Local board views were sought on a draft proposal at a workshop in August and business meeting in September 2020 because the topic is considered to have high community interest.

26.     All 21 local boards provided views, most in support of public consultation. A summary of local board views, staff responses and any changes made to the proposal can be viewed in the link to the 13 October 2020 Regulatory committee agenda, page 173 (Attachment B to Item 9).

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

Tauākī whakaaweawe Māori

Māori impact statement

28.     The Bylaw can contribute to the Māori Plan’s key directions and aspirations by supporting safe recreational, cultural and economic activities on Auckland’s navigable waters.

29.     The Bylaw regulates a number of activities undertaken by Māori for example, waka ama, other cultural or sporting events on the water and the operation of commercial vessels.

30.     During the review, mana whenua and mataawaka indicated a preference to provide feedback on any proposed changes to the Bylaw through a public consultation process.

31.     The majority of people identifying as Māori who provided feedback support proposals two through to eight and have split support for proposal one. This is consistent with the overall percentage of public feedback in support.

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33.     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

34.     The Bylaw Panel on 7 May 2021 will consider all formal local board 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 in July 2021.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of public feedback

53

b

Public feedback from people in the Devonport Takapuna Local Board area

75

c

Operational and non-bylaw-related feedback

187

d

Draft Bylaw Panel deliberations report

189

     

Ngā kaihaina

Signatories

Authors

Fereti Lualua - Policy Analyst

Bayllee Vyle – Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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20 April 2021

 

 

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20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03205

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek support on the draft proposal to make a new Te Kaunihera o Tāmaki Makaurau Ture ā-rohe Tauhokohoko, Takunetanga, me ngā Whakaahua i ngā Wāhi Marea 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022 before it is finalised for public consultation.

Whakarāpopototanga matua

Executive summary

2.       To enable the local board to provide its view on the proposal to make a new Public Trading, Events and Filming Bylaw, staff have prepared a draft proposal.

3.       The draft proposal would continue to enable council to regulate trading activities, events and filming to minimise risks to public safety, nuisance, and the misuse of council-controlled public places.[1]

4.       The main draft proposals are to:

·     continue to regulate trading,[2] events and filming in a similar way to the current Bylaw

·     set specific rules for rental micromobility devices (small, lightweight devices personally driven by users (for example, bicycles, e-bikes, electric scooters and skateboards, and electric pedal assisted (pedelec) bicycles))

·     identify filming in a separate category to events

·     merge trading activities such as busking and pavement art under street performance

·     update the Bylaw format, structure, definitions, the title, exemptions, approval conditions and other matters to make a new bylaw easier to understand and comply with.

5.       Staff recommend that the local board provide its view on the draft proposal.

6.       There is a reputational risk that the draft proposal or the local board’s views do not reflect the view of people in their local board area. This risk would be partly mitigated by the opportunity for the local board to provide views on public feedback prior to a final decision.

7.       The local board views will be provided to the Regulatory Committee in May to recommend a proposal to the Governing Body. Public consultation is scheduled for July, deliberations for October and a final Governing Body decision for November 2021.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      support the draft Statement of Proposal in Attachment A of this agenda report to make a new Te Kaunihera o Tāmaki Makaurau Ture ā-rohe Tauhokohoko, Takunetanga, me ngā Whakaahua i ngā Wāhi Marea 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022 for public consultation.

Horopaki

Context

The Bylaw regulates trading, events and filming in council-controlled public places

8.       Te Kaunihera o Tāmaki Makaurau Ture ā-rohe Tauhokohoko, Takunetanga, me ngā Whakaahua i ngā Wāhi Marea 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022 (Bylaw) seeks to minimise risks to public safety, nuisance and the misuse of council-controlled public places caused by trading activities (including micromobility), events and filming.

9.       The Bylaw:

·      achieves this by requiring prior approval for most trading, event and filming activities and enabling council to make additional requirements in a separate control[3]

·      is administered by several council departments and council-controlled organisations

·      is enforced by the Licencing and Regulatory Compliance unit using a graduated compliance model (information / education / enforcement)

·      is one part of a wider regulatory framework of Acts, regulations and bylaws[4]

·      will expire on 26 February 2022, meaning council must adopt a new bylaw before that date to avoid a regulatory gap.

The Regulatory Committee decided to make a new bylaw

10.     The Regulatory Committee requested staff commence the process to make a new bylaw:

11.     Staff have prepared a draft proposal to implement the decision of the committee (refer to Attachment A of the agenda report). The draft proposal presents the reasons and decisions which led to a new bylaw being proposed and provides a comparison between the current and proposed bylaws.

The local board has an opportunity to provide its views on the draft proposal

12.     The local board has an opportunity to provide its views on the draft proposal in Attachment A by resolution to the Regulatory Committee before it is finalised for public consultation.

13.     For example, the board could support the draft proposal for public consultation, recommend changes or defer comment until after it has considered public feedback on the proposal.

Tātaritanga me ngā tohutohu

Analysis and advice

The draft Proposal makes a new Public Trading and Events Bylaw

14.     The draft proposal makes a new Public Trading and Events Bylaw to better minimise public safety risks, nuisance and misuse of council-controlled public places.

15.     The table below summarises the main proposals in comparison to the current Bylaw:

Main proposals

Reasons for proposals

· continue to regulate trading activities, events and filming in a similar way to the current Bylaw

· to continue to regulate trading activities, events and filming in council-controlled public places by requiring an approval (licence or permit)

· to continue to retain existing exemptions to holding an approval

· to continue to set approval conditions and grant approvals with or without conditions when deciding an application.

· set more specific rules for rental micromobility devices

· to include specific rules for rental micromobility independently from mobile trading due to higher risk to public safety from power-assisted devices

· to reflect conditions as set in codes of practice

· to make a bylaw easier to understand and comply with.

· identify filming as a separate category to events

· to reflect the lower risk to public safety and nuisance as filming activities do not directly involve the public

· to make a new bylaw easier to understand and comply with.

· merge some trading activities such as busking and pavement art under street performance

· to reflect how busking and pavement art are regulated in practise under the street performance approval

· to make a new bylaw easier to understand and comply with.

· update the Bylaw format and structure, clarify definitions, title, exemptions, approval conditions and other matters

· to ensure and apply consistent approach to council regulation

· to ensure more responsive structure and rules to help minimise risks to public safety, nuisance and misuse of council-controlled public places

· to make a new bylaw easier to understand and comply with

· to comply with the best practice bylaw drafting standards.

The draft proposal complies with statutory requirements

16.     The draft new Bylaw has been prepared in accordance with statutory requirements to:

·      help minimise safety risks, nuisance and misuse of council-controlled public places

·      use a format and wording that are easier to read, understand and comply with than the current Bylaw and meet bylaw drafting standards

·      be authorised by statute, not repugnant to other legislation, or be unreasonable

·      not give rise to any implications and not be consistent with the Bill of Rights Act

·      not be inconsistent with the Reserves Act, Resource Management Act, Auckland Unitary Plan, Trespass Act, Fair Trading Act, Customer Guarantees Act, Road User Rule, Waitakere Ranges Heritage Area Act, Electricity (Safety) Regulations, Auckland Council Public Safety and Nuisance Bylaw and Signage Bylaw.

Staff recommend the local board consider providing its views on the draft proposal

17.     Staff recommend that the local board consider the draft proposal and whether it wishes to provide its views by resolution to the Regulatory Committee.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     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

19.     The draft proposal impacts the operations of several council departments and council-controlled organisations. This includes Auckland Council’s Licencing and Regulatory Compliance Unit, Events in Regional Service Planning, Investment and Partnerships Unit, Alcohol Licencing and Environmental Health Unit, Auckland Unlimited (previously known as Auckland Tourism, Events and Economic Development), Screen Auckland and Auckland Transport.

20.     Relevant staff are aware of the impacts of the draft proposal and their implementation role.

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

Local impacts and local board views

21.     The draft new Bylaw impacts on local governance as it regulates trading, events and filming activities in council-controlled public places, for example local parks.

22.     Representative local board views were provided in February 2021 through a joint working party established by the Regulatory Committee.[5] The main views of group members were unanimous support for a new bylaw and suggestions on the detailed content.[6]

23.     These views were considered by the Regulatory Committee on 16 February 2021 (resolution number REG/2021/4). The committee directed staff to draft a new Bylaw. Suggestions on the detailed content are included in the draft new Bylaw.

24.     The local board has an opportunity to provide its views on the draft proposal by resolution to the Regulatory Committee.

25.     The local board will have further opportunity to provide its views to a Bylaw Panel on any public feedback to the Proposal from people in their local board area.

Tauākī whakaaweawe Māori

Māori impact statement

26.     The Bylaw supports the Māori Plan for Tāmaki Makaurau by facilitating opportunities for Māori business owners such as those participating in major or international events to promote distinctive identity, build exposure and establish valuable networks.

27.     Feedback from mana whenua and some Māori license and permit holders highlighted a particular interest and concern for environmental impacts such as ineffective waste management at events and the limited level of enforcement.

28.     The draft proposal continues to address waste management at events by requiring compliance with a waste plan in a way that is easier to understand. Other concerns for better enforcement relate to implementation rather than the making of a new bylaw and have been forwarded to relevant staff.

29.     Staff will proactively engage with mana whenua and mataawaka during the public consultative process to ensure Māori are able to provide their views on the proposal.

Ngā ritenga ā-pūtea

Financial implications

30.     There are no financial implications to the local board for any decisions to support the draft proposal for public consultation. The Governing Body will consider any financial implications associated with public notification at a later date.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified:

If...

Then...

Mitigation

The views of the local board on the draft Proposal may differ from the views of people in the community.

There may be negative attention to council regarding the Bylaw.

The local board will have an opportunity to consider any public feedback and provide its formal views to a Bylaw Panel prior to the final decision being made.

Ngā koringa ā-muri

Next steps

32.     Staff will present a proposal and any local board views to the Regulatory Committee on 11 May 2021. The next steps are shown in the diagram below:

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Statement of Proposal

215

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02938

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek support on the draft statement of proposal to amend the Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe / Auckland Council Animal Management Bylaw 2015 and associated controls before it is approved for public consultation.

Whakarāpopototanga matua

Executive summary

2.       To enable the local board to provide its view on the statement of proposal to amend the Animal Management Bylaw 2015 and controls, staff have prepared a draft proposal.

3.       The draft proposal would continue to enable council to regulate the keeping of animals in order to minimise risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places caused by people interacting with animals.

4.       The main draft proposed changes are to:

·      require an approval to keep more than two standard beehives on urban properties with an area less than 2000 square metres (no approval currently required)

·      incorporate rules from another bylaw about the feeding of animals on private property

·      improve the definitions of ‘nuisance’ and ‘public place’

·      update the format and wording of the Bylaw and controls to make them easier to read and understand.

5.       Staff recommend that the local board provide its view on the draft proposal.

6.       There is a reputational risk that the draft proposal or the local board’s views do not reflect the view of people in the local board area. This risk would be partly mitigated by the opportunity for the local board to provide views on public feedback prior to a final decision.

7.       The local board views will be provided to the Regulatory Committee in May to recommend a statement of proposal to the Governing Body. Public consultation is scheduled for July, deliberations in November and a final Governing Body decision in December 2021.

Ngā tūtohunga

Recommendation/s

That the Local Board:

a)      support the draft statement of proposal in Attachment A of this agenda report to amend the Auckland Council Animal Management Bylaw 2015 and associated controls for public consultation.

Horopaki

Context

The Animal Management Bylaw enables council to regulate the keeping of animals

8.       The Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015 (Bylaw) and associated controls (controls) seeks to minimise animal-related risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places.

9.       The Bylaw and controls achieve this by specifying rules about animal ownership and interaction and by limiting ownership of specific animals in urban areas.

10.     The rules are administered by councils Regulatory Compliance team using a graduated approach to compliance.

11.     The Bylaw and controls are one part of a wider regulatory framework. For example, the Animal Products Act 1999 and Animal Welfare Act 1999 for animal welfare, Resource Management Act 1991 and Biosecurity Act 1993 to protect the environment and Dog Control Act 1996 for dog management.

The Regulatory Committee have decided to amend the Bylaw and controls

12.     The Regulatory Committee decided to commence the process to amend the Bylaw as follows:

17 March 2020

(REG/2020/17)

Regulatory Committee endorsed the statutory bylaw review findings that:

·   a bylaw is still the most appropriate way to manage specific animal issues in relation to people, for example limiting the number of poultry in urban residential areas minimises noise and odour nuisance to neighbours

·   the current Bylaw approach is appropriate, but the content, structure and wording could be improved

·   the current Bylaw does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

17 November 2020

(REG/2020/78)

Regulatory Committee instructed staff to draft an amended Bylaw (Option two) after considering four options:

·   Option one: status quo – confirm (retain) current Bylaw

·   Option two: amend the current Bylaw – improve the status quo

·   Option three: replace the current Bylaw – new bylaw about animals

·   Option four: revoke Bylaw – no bylaw and instead rely on other existing methods.

13.     Staff have prepared a draft statement of proposal (draft proposal) to implement the decision of the Regulatory Committee by amending the Bylaw and controls (refer to Attachment A of the agenda report).

14.     The draft proposal includes the reasons and decisions leading to the proposed amendments and a comparison between the existing and amended bylaws and controls.

The local board has an opportunity to provide its views on the draft proposal 

15.     The local board has an opportunity to provide its views on the draft proposal in Attachment A by resolution to the Regulatory Committee before it is finalised for public consultation.

16.     For example, the board could support the draft proposal for public consultation, recommend changes, or defer comment until after it has considered public feedback on the proposal.

Tātaritanga me ngā tohutohu

Analysis and advice

The draft proposal makes improvements to the current bylaw and controls

17.     The draft proposal seeks to improve the current Bylaw and controls to minimise risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places. The table below summarises the main draft proposals in comparison to the current Bylaw.

Draft proposals

Reasons for draft proposal

Require an approval to keep more than two standard beehives on urban properties with an area less than 2000 square metres (no approval currently required)

·  to minimise bee-related nuisance in areas with growing population density while still allowing for the keeping of bees in urban areas.

Incorporate rules from another bylaw about the feeding of animals on private property

·  to streamline rules about animals into a single bylaw, as existing rules about the feeding of wild and feral animals on private property are currently included in the Property Maintenance and Nuisance Bylaw 2015

·  moving this clause to the Bylaw was suggested in the review findings to the Property Maintenance and Nuisance Bylaw (REG/2020/50).

Improve definitions of ‘nuisance’ and ‘public place’

·  to align with the definitions in the Public Safety and Nuisance Bylaw 2013 to improve consistency across council bylaws.

Update the Bylaw format and structure

·  to align with best practice for bylaw drafting and make the Bylaw easier to read and understand.

18.     Limits on the number of beehives and stock would continue to only apply to urban areas as defined within the Auckland Unitary Plan, for example:

·      Aotea/Great Barrier has no urban areas and is not subject to these limits

·      rural townships such as Helensville and Clevedon are urban areas.

The draft proposal complies with statutory requirements

19.     The draft proposal has been prepared in accordance with statutory requirements. The amended Bylaw and controls:

·    help minimise risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places

·    use a format and words that are easier to read and understand

·    are authorised by statute, not repugnant to other legislation and not unreasonable

·    do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990.

Staff recommend the local board consider providing its views on the draft proposal

20.     Staff recommend that the local board consider the draft proposal and whether it wishes to provide its views by resolution to the Regulatory Committee.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21.     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

22.     The draft proposal impacts councils Regulatory Compliance team, who implement the Bylaw. The unit is aware of the impacts of the draft proposal and their implementation role.

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

Local impacts and local board views

23.     The Bylaw is important to local boards as it is an area of high community interest. They also have the delegated authority to make conditions about horse riding in public places.

24.     Local board views on the review were provided in September 2019 (refer to Attachment B of agenda report). The main view of local board members during the review was to improve the Bylaw’s clarity, minimise the misuse of council-controlled public places and to address animal-specific controls. The Regulatory Committee as part of its decisions on options on 17 November 2020 (resolution number REG/2020/78) directed staff to address some but not all views provided (refer to Attachment C of agenda report).

25.     The local board has an opportunity in this report to provide its views on the draft proposal by resolution to the Regulatory Committee.

26.     The local board will also have further opportunity to provide its views to a Bylaw Panel on any public feedback to the proposal from people in the local board area.

Tauākī whakaaweawe Māori

Māori impact statement

27.     The Bylaw has significance for Māori as kaitiaki of Papatūānuku.

28.     Staff discussed the Bylaw with mana whenua at the Infrastructure and Environmental Services Mana Whenua hui in April 2019. The main view of mana whenua was to improve the clarity and how it relates to Māori and papakāinga. The draft proposal addresses this by clarifying that limits on the ownership of animals in urban areas do not apply to papakāinga within the Māori Purpose Zone of the Auckland Council Unitary Plan.

29.     Mana whenua and mataawaka will also have opportunity to provide further feedback during the public consultative process on the proposal.

Ngā ritenga ā-pūtea

Financial implications

30.     There are no financial implications to the local board for any decisions to support the draft proposal for public consultation. The Governing Body will consider any financial implications associated with public notification at a later date.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified

If...

Then...

Mitigation

The draft proposal or the local board’s views do not reflect the view of people in the local board area

there may be negative attention to council regarding the Bylaw.

The local board will have an opportunity to consider any public feedback and provide its formal views to a Bylaw Panel prior to the final decision.

 

Ngā koringa ā-muri

Next steps

32.     Staff will present a proposal and any local board views to the Regulatory Committee on 11 May 2021. The next steps are shown in the diagram below.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A - Statement of Proposal

297

b

Attachment B - Previous Local Board Views

385

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements

391

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Auckland Transport – Regional Land Transport Programme 2021

File No.: CP2021/03797

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this report is to outline the outcomes of the proposed Regional Land Transport Programme (RLTP) in the local board area, and to provide an opportunity for the local board to resolve feedback to the Governing Body and the Regional Transport Committee.

Whakarāpopototanga matua

Executive summary

2.       This report covers:

·      A summary of what the Regional Land Transport Programme (RLTP) is and the process of its development.

·      A summary of what projects and programmes are planned for the local board area.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive the Auckland Transport – Regional Land Transport Programme report

b)      provide feedback on the Regional Land Transport Programme as per Attachment A to this report.

Horopaki

Context

3.       The Regional Land Transport Programme (RLTP) is a 10-year investment programme for transport in Auckland. It includes the activities of Auckland Transport (AT), Waka Kotahi New Zealand Transport Agency (Waka Kotahi) and KiwiRail.

4.       It is reviewed and publicly consulted on every three years in a process led by the Auckland Regional Transport Committee (RTC).

5.       The RTC is comprised of members of the AT Board and representatives from Waka Kotahi and KiwiRail. During the review process the Regional Transport Committee (RTC) seeks the views of Auckland’s elected representatives through the Governing Body. The AT Board is responsible for the final approval of the RLTP.

6.       The RLTP is the end product of a number of different local and central government processes and plans:

·      Auckland Transport Alignment Project (ATAP)

·      The Auckland Plan 2050

·      Auckland Council’s Long-Term Plan (LTP)

·      National Land Transport Programme (NLTP)

·      Government Policy Statement on Land Transport (GPS)

7.       It is worth noting that Auckland Transport is not a party to ATAP discussions but that the direction expressed in ATAP is a key driver for outcomes in the RLTP. Likewise, the Auckland Council Long-Term Plan (LTP) sets funding levels for key programmes in the RLTP, such as the Local Board Transport Capital Fund (LBTCF).

8.       The current transport programme is set out in the 2018 RLTP. This saw the introduction of the Regional Fuel Tax (RFT), which provided an additional $1.5 billion of direct revenue over 10 years. Including the RFT, the 2018 RLTP anticipated a $10 billion capital programme over ten years.

9.       While the 2018 RLTP programme provided a sound investment base there have been an increasing number of challenges requiring attention in the 2021 RLTP. These include:

·      the impact of growth and other demands creating a need for increased investment in upgrading existing infrastructure and for new investment to support growth;

·      a need for increased investment to ensure transport plays its role in meeting overall greenhouse gas reduction targets;

·      continuing to invest in public transport and to accelerate cycling network completion to support mode change;

·      a need to deliver further investment to support vision zero goals to provide reductions in deaths and serious injuries; and

·      an increasing need for more responsive investment in the transport network at a local level.

10.     Unfortunately, the response to these challenges is tempered by the impact of Auckland Council’s Emergency Budget, the effect of COVID-19 on public transport fares (leading to reduced operational funding for AT), and a strong likelihood that Waka Kotahi funding will not reach previously assumed levels.

11.     It has been assessed that about 95% of the available funding from Auckland Council and Government is needed to run the transport system, maintain the quality of the system (renewals and maintenance) and deliver committed/contracted/under construction projects. This means that there is very little headroom for new investment and that there will be hard trade-offs, including the deferral of many important projects. 

12.     At its meeting on 11 March, Auckland Council’s Planning Committee unanimously endorsed the draft RLTP.  ATAP itself was released by Government on Friday 12 March. The Regional Transport Committee (RTC) formally approved the draft RLTP for public consultation at its meeting on 23 March 2021.

13.     The current timeline for development of the RLTP is as follows:

Date

Action

23 March

RTC considers draft RLTP for public consultation

29 March-2 May

Proposed dates for public consultation

May

Evaluation of public consultation

27 May

RTC review final draft RLTP

3 June

Governing Body review RLTP for endorsement

June

AT Board reviews RLTP for final approval

01 July

RLTP operational

14.     As a regional programme it is appropriate that the primary engagement focus with Auckland Council sits with the Governing Body through the Planning Committee.

15.     However, as the RLTP has important local impacts AT recognizes the importance of seeking local board views to ensure these are included in the information given to the RTC and Governing Body to inform their decision making. To this end, AT has the following engagement planned:

 

 

Date

LB Engagement

15 Feb

AT attended the Chairs Forum to give an overview on the RLTP process, to outline how the RLTP is put together and finally what the process is for LB input.

29 March – 2 May

Workshops with all local boards to discuss the RLTP.

4 – 18 May

AT will write reports for local boards to pass resolutions to officially record their feedback on the RLTP.

3 June

Local boards could use their statutory input slot at a Governing Body Meeting (Planning Committee) to give their views on the RLTP.

Tātaritanga me ngā tohutohu

Analysis and advice

16.     The draft Long-Term Plan proposal is to reinstate the Local Board Transport Capital Fund back up to $20 million per annum for the next ten years. On this basis the proposed RLTP includes $200 million for local board initiatives. However, it should be noted that this is contingent on the Mayor’s proposed rates increase of 5%.

17.    The below tables summarises projects that are planned to be delivered in the local board and surrounding areas, and which could be of benefit to residents from Devonport-Takapuna Local Board area:

#

AT Projects

Duration

10 Year Capital Expenditure ($M)

7

Wainui Improvements

2021/22 - 2023/24

23.1

9

Glenvar Road/East Coast Road intersection and corridor improvements

2021/22 - 2024/25

57.3

10

Medallion Drive Link

2021/22

12.0

12

Rosedale Road Corridor

2021/22 - 2023/24

8.0

13

Rosedale and Constellation Bus Stations

2021/22 - 2023/24

59.0

14

Northern Busway Enhancements

2027/28 - 2030/31

62.0

25

Lake Road/Esmonde Road Improvements

2022/23 - 2025/26

48.4

 

 

 

 

 

 

18.    The below tables summarises projects within larger programmes, that are planned to be delivered in the Local Board area and surrounding areas and could be of benefit to residents from Devonport-Takapuna.

#

Project from a Programme

Underlying Programme

22

Glenfield Bus Interchange

Neighbourhood Interchanges (AT)

23

Northcote Safe Routes (SH1 bridges)

Urban Cycleways (AT)

26

Devonport Town Centre

Safety (AT)

45

Northcote Spatial Priority Area

Projects Supporting Auckland Housing Programme (AT)

64

Glenfield Road

Safety (AT)

65

Onewa Road

Safety (AT)

78

Residential Speed Management - Torbay

Safety (AT)

19.     The below table summarizes projects being delivered by Waka Kotahi that are planned to be delivered in the Local Board area and surrounding areas and could be of benefit to residents from Devonport-Takakpuna.

 

Non-AT Projects

Responsible Agency

10 Year Capital Expenditure ($M)

8

Penlink

Waka Kotahi

411.0

11

Northern Corridor (includes busway extension)

Waka Kotahi

128.2

24

Northern Pathway (Westhaven to Akoranga)

Waka Kotahi

360.0

20.     The below map corresponds to the above tables and shows the location of the projects:

21.    The below table outlines objectives from the local board plan that are approached in the RLTP

Objectives

RLTP outcomes

Reduce congestion on roads and carbon emissions by providing public transport options that are integrated, reliable, affordable, and convenient.

The RLTP programme will also make significant progress towards decarbonising Auckland’s public transport fleet by:

·    Electrifying the rail line to Pukekohe, enabling disposal of Auckland’s remaining diesel passenger trains

·    Funding acceleration of the Low Emissions Bus Roadmap to ensure half of Auckland’s bus fleet is low emissions by 2031

·    Emissions from ferries make up a disproportionately high amount (19 percent) of total emissions from the public transport fleet. Noting that technology is less mature in the development of low emissions ferries, this draft RLTP allocates $30 million to start decarbonisation of the ferry fleet and reduce diesel emissions covered under bus, ferry and multimodal improvements.

 

It also includes projects such as:

·    $35million for supporting Electric Vehicles

·    $20million for environmental sustainability infrastructure

·    $9million for electric bus trial roadmap

Public transport infrastructure is fit for purpose, safe and accommodates new travel modes favoured by our growing populations.

The rapid transit network (RTN) is a key investment priority and forms the largest category of capital investment in this RLTP.

The proposed transport programme in this RLTP will deliver a step-change in the coverage and performance of the RTN over the next 10 years. This RLTP will also see the RTN continue to diversify away from the City Centre.

 

A network of well placed, accessible, and attractive walking and cycleways encourage use of active transport modes and get people where they need to be.

Delivery of the Northern Pathway, a significant new regional walking and cycling connection between Westhaven in the city centre and Akoranga on the North Shore. This will provide a critical missing link in Auckland’s cycle network.

Over $300 million is allocated to delivering AT’s On-going Cycling Programme, which is intended to follow the completion of the Urban Cycleways Programme early in the RLTP period. This is in addition to the allocation to cycling included in the Connected Communities programme.

$49 million to continue delivering new footpaths in high priority locations.

A new $30 million programme for minor improvements for cycling and micromobility. A key element of this package will be delivering ‘pop up cycleways’ which will retrofit a range of existing painted cycle lanes with appropriate safety barriers. This programme will also address other issues on the existing cycling network to improve useability and enhance safety.

Ongoing funding for a programme of tactical urbanism initiatives such as those brought to life through Waka Kotahi’s Innovating Streets Programme.

Our roads, footpaths, walkways, and cycleways are well designed and maintained and allow our residents to move around the area safely.

Over $650million of AT investment to deliver the AT Safety Programme, which will delver improvements targeted towards s[peed management, high risk intersections, high risk corridors and vulnerable road users.

$100 million for minor improvements across the network.

$193 million of Waka Kotahi investment to deliver the state highway Safer Networks Programme.

Our town centres are vibrant, offering events and activities that attract visitors and support local businesses.

A ten-year investment of $3.93billion has been included in this RLTP to cover the cost of renewing AT’s asset base. This RLTP has $900 million more in AT renewals than the $3.05 billion included in the 2018 RLTP.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22.     The approach set out in the RLTP conforms with the direction expressed by Auckland Council through the draft Long-Term Plan. However, AT notes that far more needs to be done to reach the Auckland Council climate change emissions targets.

23.    This investment programme is only one of a comprehensive set of measures needed to reduce transport emissions. The RLTP does not exist to set government policy, and additional measures are needed that are beyond its scope to implement. A comprehensive approach to emission reduction will therefore require a range of actions from across government and industry sectors.

24.    In the context of this challenge, Auckland needs a Climate Plan for its transport system which sets out the preferred pathway to meeting Auckland Councils emissions targets. This plan, along with a Climate Change Programme Business Case, will be developed as part of this RLTP.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25.     The RLTP is the product of several Auckland Council processes and plans including:

·      Auckland Transport Alignment Project (ATAP)

·      The Auckland Plan 2050

·      Auckland Council’s Long-Term Plan (LTP).

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

Local impacts and local board views

26.    Auckland Transport has used local board plans to inform the development of the RLTP.

27.    Opportunities for local boards to engage on the RLTP have included:

·      Chair’s Forum on the 15th February 2021

·      A workshop with the Devonport-Takapuna Local Board on the 13th April 2021

Highlighting the opportunities for local board feedback to the Governing Body

Tauākī whakaaweawe Māori

Māori impact statement

28.     Iwi and mataawaka have been engaged through AT’s Maori engagement team.

Ngā ritenga ā-pūtea

Financial implications

29.     The are no direct financial implications for the local board in receiving this report.

30.     Local board feedback on the RLTP and any changes made as a result of that feedback could have financial implications depending on that feedback. Further information about AT’s priorities for funding and implications of changes to funding levels can be found on page 80 of the RLTP consultation document.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     AT’s capital programme within the RLTP is contingent on the Mayor’s proposed rates increase of 5%. If this is not adopted there will be significant impacts on the programme.

Ngā koringa ā-muri

Next steps

32.     Once the local boards have resolved their feedback on the RLTP, AT will review all feedback from local boards and the public. This feedback, and any proposed changes, will be compiled into a feedback report for the consideration of the Governing Body and the Regional Transport Committee. 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

RLTP Local Board Feedback Template

401

b

Draft Auckland Regional Land Transport Plan 2021 - 2031

407

     

Ngā kaihaina

Signatories

Authors

Marilyn Nicholls – Elected Member Relationship Partner, Auckland Transport  

Authorisers

Hamish Bunn – GM Investment, Planning & Policy, Aucland Transport

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Proposal to vary the Regional Fuel Tax (RFT) scheme

File No.: CP2021/03619

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek feedback from local boards on the draft proposal to vary the Regional Fuel Tax scheme.

Whakarāpopototanga matua

Executive summary

2.       The Regional Fuel Tax (RFT) scheme for Auckland, established in 2018, is a key funding source for investment in Auckland’s transport network. The scheme is projected to generate $1.5 billion of revenue and enables over $4 billion of additional investment.

3.       Decisions by central government to invest directly in RFT projects and current reviews of the Auckland Transport Alignment Project (ATAP) indicative package and the draft Regional Land Transport Plan (RLTP) have necessitated a variation to the RFT scheme.

4.       There is no proposal to alter the level of the RFT, the period for which the scheme runs, or the area covered by the tax.

5.       Decisions around the overall investment programme for transport and the funding of this are made through the ATAP and RLTP processes. The allocation of projects within the RLTP to the RFT programme is a key step to support implementation.

6.       The draft proposal to vary the RFT scheme (refer Attachment A) retains the 14 projects identified in the original programme but updates the specific initiatives within these projects, along with cost and timing projections.

7.       The draft proposal went out for public consultation alongside the draft RLTP. Following consideration of feedback from local boards and from the general public, a final proposal will be endorsed by the Governing Body and sent to the relevant ministers for approval and enactment through Order in Council.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive the report on proposed variations to the 2018 Regional Fuel Tax Scheme

b)      provide feedback on the proposed variation to the Regional Fuel Tax scheme.

 

Horopaki

Context

The creation of Auckland’s RFT scheme

8.       Work on an aligned strategic approach to transport in Auckland (ATAP) began in 2016. This work made clear that the level of investment needed was not achievable with the existing funding mechanisms.

9.       A regional fuel tax was proposed as a tool to achieve a higher level of investment for Auckland. With the leverage that this funding could drive from government subsidies and development contributions, the RFT enabled $4 billion of investment that would not otherwise occur.

10.     Without this investment, a number of the positive outcomes of the programme would not be able to be achieved, including improved road safety, increased availability and use of public transport, more active transport options, improved access to employment, and more growth and housing development.

11.     An amendment to the Land Transport Management Act 2003 (LTMA) was passed in 2018 which provided for the introduction of regional fuel taxes by order in council.

12.     Auckland Council consulted with Aucklanders on the introduction of an RFT as part of its 10-year Budget 2018-2028 consultation in February/March 2018. Following this, a detailed proposal for an RFT scheme was prepared, consulted on from 1-14 May 2018, and then approved for submission to the government.

13.     The proposed scheme was approved by the government and become operative from 1 July 2018 (refer Attachment B).

Details of the existing scheme

14.     Auckland’s RFT scheme collects 10c per litre (plus GST) and applies to sales of petrol and diesel by retailers within the boundaries of Auckland Council (excluding Aotea Great Barrier Island) from 1 July 2018 to 30 June 2028.

15.     Revenue from the scheme is projected to be $150 million per annum, a total of $1.5 billion across the 10 years.

16.     The original proposal also details:

·      the key objectives of the scheme

·      the effects of the scheme (positive and negative)

·      how it aligned with the relevant strategic documents

·      why it should be a funding source (including other options considered)

·      reasoning for the exclusion of Aotea Great Barrier Island

·      the information and assumptions that support the forecast revenue calculations.

17.     The programme funded 14 categories of expenditure referred to in the scheme as projects:

·      bus priority improvements

·      city centre bus infrastructure

·      improving airport access

·      Eastern Busway (formerly AMETI)

·      park and rides

·      electric trains and stabling

·      ferry network improvements (was downtown ferry redevelopment)

·      road safety

·      active transport

·      Penlink

·      Mill Road corridor

·      road corridor improvements

·      network capacity and performance improvements

·      growth-related transport infrastructure.

Progress of the scheme to 31 December 2020

18.     Since the RFT was introduced, $376 million of revenue has been received by Auckland Council. Auckland Transport has spent $346 million on designated projects which was funded by $162 million of RFT, $135 million of Waka Kotahi NZ Transport Agency subsidies, and $49 million of development contributions.

19.     The programme was always planned to ramp up over the 10 years, reflecting the need to complete projects that were already in train in 2018, and to gear up to a much higher level of delivery. Unspent funds at any stage in the programme are held in reserve. This reserve totalled $197 million as at 31 December 2020.

20.     Key achievements of the scheme so far include:

·        improving road safety through the introduction of lower speed limits on 600 Auckland roads to reduce harm and loss of life

·        installing red-light running enforcement and CCTV cameras

·        improving airport access through works on the Puhinui Station with construction now underway on the new interchange

·        improving the Downtown Ferry terminal with the completion of breakwater piling and Pontoon 5 and Landing Pontoon 2 now at the commissioning stage to increase capacity and customer experience.

Subsequent government funding announcements

21.     Two key announcements by central government have reduced the requirement for Regional Fuel Tax funding for some of the projects included in the scheme.

22.     On 29 January 2020, the government announced the New Zealand Upgrade Programme (NZUP). This programme included direct crown investment of $3.48 billion in transport infrastructure for Auckland.

23.     The NZUP provided funding for two projects included in the RFT scheme. The Penlink project was allocated $411 million and the Mill Road project was allocated $1.354 billion. Following this, the responsibility for the delivery of these two projects was transferred to Waka Kotahi NZ Transport Agency.

24.     As part of its fiscal stimulus package to support the economy in the face of the COVID-19 pandemic, the government announced a programme on 1 April 2020 to fund ‘shovel ready’ infrastructure projects.

25.     Following applications by the Auckland Council group, a number of projects were contracted to receive funding. Two of the successful projects constituted part of wider RFT projects.

26.     Funding was received towards the Downtown Ferry Terminal which is a part of the ferry network improvements RFT project.

27.     Funding was also received to support the Puhinui Bus/Rail Interchange project which forms a part of the Improving Airport Access RFT project.

28.     Staff consider that this, along with the current reviews of ATAP and the draft RLTP (summarised below), constitute a change to a material aspect of the programme of capital projects supported by the RFT as enacted in 2018.

ATAP update and draft RLTP preparation

29.     Auckland Council and Auckland Transport have been working with central government partners to update the ATAP. The development of an ATAP indicative package will inform and guide Auckland’s RLTP and the National Land Transport Programme (NLTP).

30.     Despite additional funding available to the programme through direct government investment, the ATAP budget is still highly constrained. This is the result of increased demands for transport investment in Auckland as well as updated costings and information around existing projects. Funding of the ATAP indicative package is reliant on the continuation of the RFT scheme.

31.     Staff consider that this, along with the recent central government funding decisions (summarised above) constitute a change to a material aspect of the capital projects programmes supported by the RFT as enacted in 2018.

32.     Given these material changes, staff have prepared a formal proposal to vary the scheme, as required by section 65G(1) of the Land Transport Management Act 2003 (LTMA). This draft variation proposal formed the basis for public consultation which is required under section 65H(c) of the LTMA.

33.     Following consultation, the Governing Body will consider feedback (including that from local boards) and then submit the proposal (with any changes made) to the Ministers of Finance and Transport, who will then decide whether to accept it (sections 65I and 65J of the LTMA). If the Ministers do accept the proposal, they will send it on to the Governor-General to enact through an Order in Council (sections 65J and 65K of the LTMA).

Tātaritanga me ngā tohutohu

Analysis and advice

ATAP update and draft RLTP preparation

34.     Auckland Council and Auckland Transport have been working with central government partners to update the ATAP. The development of an ATAP indicative package will inform and guide Auckland’s RLTP and the National Land Transport Programme (NLTP).

35.     Despite additional funding available to the programme through direct government investment, the ATAP budget is still highly constrained. This is the result of increased demands for transport investment in Auckland as well as updated costings and information around existing projects. Funding of the ATAP indicative package is reliant on the continuation of the RFT scheme.

36.     Staff consider that this, along with the recent central government funding decisions (summarised above) constitute a change to a material aspect of the capital projects programmes supported by the RFT as enacted in 2018.

37.     Given these material changes, staff have prepared a formal proposal to vary the scheme, as required by section 65G(1) of the Land Transport Management Act 2003 (LTMA). This draft variation proposal formed the basis for public consultation which is required under section 65H(c) of the LTMA.

38.     Following consultation, the Governing Body will consider feedback (including that from local boards) and then submit the proposal (with any changes made) to the Ministers of Finance and Transport, who will then decide whether to accept it (sections 65I and 65J of the LTMA). If the Ministers do accept the proposal, they will send it on to the Governor-General to enact through an Order in Council (sections 65J and 65K of the LTMA).

Consultation

39.     Public consultation on the draft proposal to vary the RFT scheme is occurring alongside the Auckland Transport consultation on the draft RLTP.

40.     This consultation takes place from 29 March to 2 May 2021.

Tauākī whakaaweawe āhuarangi

Climate impact statement

41.     The proposal to vary the RFT scheme constitutes a change in an allocation of funding within the overall ATAP indicative package and RLTP. Transport projects funded include climate change optimisation, such as electric trains and stabling and promoting eco-friendly commuting initiatives like improving congestion through network capacity and performance improvements.

42.     The impacts of the complete RLTP on the climate have been reported to the local board in another report on this agenda.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

43.     Council staff have worked with staff from Auckland Transport representatives in the development of the draft proposal.

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

Local impacts and local board views

44.     Local board views will be captured through this report and reported to the Planning Committee prior to decision-making.

Tauākī whakaaweawe Māori

Māori impact statement

45.     The proposal to vary the RFT scheme constitutes a change in an allocation of funding within the overall ATAP indicative package and RLTP. The impacts of the RLTP on Māori have been reported to the local board.

46.     The RFT proposal has been incorporated in the RLTP consultation process, which includes extensive engagement with 19 mana whenua and mataawaka groups.  

Ngā ritenga ā-pūtea

Financial implications

47.     The RFT scheme is projected to deliver around $1.5 billion of revenue over the 2018-2028 period. This constitutes a significant portion of the transport investment in Auckland.

48.     Without an RFT, council would need to either:

·        utilise another of the currently available funding mechanisms (general rates or an Interim Transport Levy), or

·        fund transport at the level of renewals and committed projects only.

49.     The rating options would result in ratepayers facing significant increases (10-11 per cent) in addition to the general rates increase and paying according to their property value, rather than based on use. To fund the transport budget at the level of renewals and committed projects only would have significant impacts on the growth and economy of Auckland.

Risks and mitigations

50.     The key risk is a potential misalignment of the RFT scheme from the ATAP programme and the RLTP. This variation proposal looks to mitigate this risk by updating the scheme and the RLTP in tandem.

Ngā koringa ā-muri

Next steps

51.     Public consultation on the proposal takes place from 29 March to 2 May 2021.

52.     The Planning Committee will receive public feedback and local board views on the proposal in May 2021.

53.     The Planning Committee and Governing Body will consider the adoption of a proposal for submission to government.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Proposal to Vary Regional Fuel Tax Scheme Project Details

501

b

Proposal for a Regional Fuel Tax (2018)

523

     

Ngā kaihaina

Signatories

Authors

Justine Yu - Senior Advisor - Fin Policy

Michael Burns - Manager Financial Strategy

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Louise Mason - GM Local Board Services

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/03627

 

  

 

 

Te take mō te pūrongo

Purpose of the report

1.       To seek local board feedback on the draft Statement of Expectations for council-controlled organisations.

Whakarāpopototanga matua

Executive summary

2.       Section 64B in the Local Government Act 2002 (the Act) allows for Council to issue a ‘Statement of Expectations’ to its Council-controlled Organisations (CCOs). This is a new power inserted into the Act in late 2019.

3.       The 2020 CCO Review recommended that Council prepare a Statement of Expectations (SOE), to be part of the suite of accountability tools through which Auckland Council provides direction to its CCOs. A Statement of Expectations will provide guidance on how CCOs should undertake their business, as compared to the Accountability Policy contained in the Long-term Plan, which focusses on what CCOs must do.  As it will not be part of the Long-term Plan and therefore not subject to the special consultative procedure, it will be easier to amend than the Accountability Policy, as it is refined over time.

4.       Attached to this report is an initial draft of the Statement of Expectations (Attachment A).  It is organised to reflect the wording of s64B of the Local Government Act, and is in three sections:

·      conduct of relationships

·      shareholder obligations with which CCOs must act consistently

·      other expectations.

5.       Further information regarding CCO accountability is outlined in the following attachments to this report:

·      Section 5.2 of The 10-year budget 2021-2031 Supporting Information document outlining the CCO Accountability Policy (Attachment B)

·      Auckland Council CCO Accountability mechanisms (Attachment C).

6.       The SOE contains a number of elements which previously were in the Accountability Policy. Therefore, there is some urgency for an initial SOE to be confirmed around the same time as the Ten-Year Budget/Long-term Plan so that those expectations on CCOs remain in place.  Given this, the Statement of Expectations is intended to reflect existing and established practice. This is true of the material in relation to local boards, which re-states and reinforces the shared governance model of Auckland Council and CCOs obligations to local boards within that.

7.       Staff recognise however, that the CCO Review also contained a number of recommendations which are currently being worked on, which will affect how CCOs work within the governance system and with local boards.  It is anticipated therefore that the SOE is likely to be subject to a relatively early revision to take account of these changes.

 

 

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      provide feedback on the draft Statement of Expectations, prepared in accordance with s64B of the Local Government Act 2002.

Horopaki

Context

8.       In August 2020, the Governing Body received the report of the independent CCO Review.  Among the 64 recommendations, the review panel recommended that Council use section 64B of Local Government Act 2002, which allows local authorities to issue a Statement of Expectations to its CCOs.  The provision states:

64B Statement of expectations

(1) The shareholders in a council-controlled organisation may prepare a statement of expectations that—

(a) specifies how the organisation is to conduct its relationships with—

(i) shareholding local authorities; and

(ii) the communities of those local authorities, including any specified stakeholders within those communities; and

(iii) iwi, hapū, and other Māori organisations; and

(b) requires the organisation to act consistently with—

(i) the statutory obligations of the shareholding local authorities; and

(ii) the shareholders’ obligations pursuant to agreements with third parties (including with iwi, hapū, or other Māori organisations).

(2) A statement of expectations may include other shareholder expectations, such as expectations in relation to community engagement and collaboration with shareholders and others in the delivery of services.

Tātaritanga me ngā tohutohu

Analysis and advice

9.       The Statement of Expectations was inserted into the Local Government Act 2002 in 2019 as section 64B.  As a relatively new provision, there are few examples around New Zealand as to how it should be used, and how it relates to practices such as letters of expectation, which Council has used in the past to specify its expectations of CCOs. However, the focus of the legislative wording is clearly on behaviours and relationships, rather than the specific activities to be undertaken by CCOs, or the overall governance and accountability regime within which they operate. 

10.     It is also important to be clear about how such an SOE would fit within a wider accountability framework.  The intention of this SOE is that it specifies how CCOs should undertake their business and relationships (with Council, communities and other stakeholders), while the Accountability Policy in the Long-term Plan focusses on what CCOs must do. 

11.     As part of the current Long-term Plan process, the Accountability Policy has been revised to exclude the behavioural aspects which previously were included there. These aspects have been included in the Statement of Expectations. It is important that these two accountability tools align and are approved concurrently. 

12.     The SOE is not intended to provide specific protocols of action for CCOs however, or to provide templates (for e.g. statements of intent templates).  Material such as that are contained in the CCO Governance Manual, which itself will be revised following approval of the SOE.

13.     As recommended by the CCO review panel, this version of the SOE has been modelled on a similar document in central government, the Treasury Owner’s Expectations Manual, which is designed for state owned enterprises and crown entities. Its content is intended largely to collate existing expectations and policies, rather than introduce new ones at this time.  However, as different strategies and practices develop, it is expected that these may be added – or deleted – from the SOE.

14.     Additionally, it is very likely that new ways of working will emerge as other recommendations from the CCO Review are implemented.  For example, the Local Board Services team is working with Auckland Transport on options for smaller projects to be promoted more easily.  If this results in a protocol or agreement on how to achieve this, this might be a useful inclusion in a future version of the SOE.

15.     The SOE itself is arranged to closely match the legislative provisions.  There are three key sections, which relate to:

·      conduct of relationships.

·      shareholder obligations with which CCOs must act consistently

·      other expectations.

16.     The first section focusses on how CCOs should interact with Council, and what a CCO’s role is.  It outlines expectations for how this should happen, and covers things such as good governance, maintaining a public service ethos and providing services efficiently.  The SOE provides a significant early section which reinforces the shared governance model operated by Auckland Council, with a key point here being the need to treat local boards not as stakeholders but an equal partner in that governance system.

17.     The second section deals with statutory obligations. This simply restates obligations which CCOs will already be well aware of. Consequently, it is relatively short. The second part of this section relates to third parties, and this will require more development before approval in late May, and in subsequent iterations. 

18.     The final section deals with issues of a more specific nature to Auckland Council.  In particular, this will include some of the issues which have arisen in the last few years and during the CCO Review:  executive remuneration, branding, and how to balance public good and commercial goals. We also anticipate this is where issues relating to our revised Maori Responsiveness Strategy (Kia ora Tāmaki Makaurau) will be addressed and reinforced, to the degree they are not already dealt with in the Accountability Policy.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19.     The key expectations of CCOs in respect of climate change are contained in the Accountability Policy (1.1.5) and not the Statement of Expectations.  This reflects the complementary nature of the two documents, with the Accountability Policy focussing on what Council expects of CCOs.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

20.     Due to timing imperatives, CCO Boards will be asked to consider the draft at the same time as local boards are considering the draft.  CCO staff have already been consulted on early drafts as stakeholders for this work.

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

Local impacts and local board views

21.     This report is to seek local board views on the Statement of Expectations.

22.     The intention of this first iteration of the SOE is to reinforce the expectations entailed in the shared governance model of Auckland Council.  In particular, this accords local boards with the critical role as representatives of local communities in the region.

Tauākī whakaaweawe Māori

Māori impact statement

23.     The key expectations of CCOs in respect of Māori outcomes are contained in the Accountability Policy (1.1.1) and not the Statement of Expectations.  This reflects the complementary nature of the two documents, with the Accountability Policy focussing on what Council expects of CCOs. 

24.     Nonetheless, as the Kia Ora Tāmaki Makaurau framework is refined and approved (expected in mid-year 2021), we anticipate that additional detail from that framework will be added to the SOE in this area, to reflect Council’s expectations of CCO engagement with Māori.

Ngā ritenga ā-pūtea

Financial implications

25.     The Statement of Expectations reflects existing expectations arising from the shared governance of Auckland Council and the arms’ length entity model represented by CCOs. It does not add new policy.  It therefore has no financial implications at this time. 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26.     The key risk is that the Statement of Expectations is not approved when it is considered by CCO Oversight Committee in June. Given that some expectations have been taken out of the Accountability Policy and placed in the Statement of Expectations, and that the two documents are intended to work in a complementary fashion, it is important that they are both signed off together. This risk is being mitigated by seeking early feedback from local boards, CCO Boards, and in May holding a workshop with governing body elected members.  This is intended to ensure that a robust draft of the SOE is available for approval in June 2021. 

Ngā koringa ā-muri

Next steps

27.     At the same time as this report is being provided to local boards for feedback, we are continuing to develop the statement of expectations with other parts of the Council governance structure.  CCOs have been given the opportunity to input to the version which has been provided to local boards. CCO Boards will be considering the SOE at their April meetings. 

28.     It is then intended that the SOE will be presented to the CCO Oversight Committee of Governing Body for final approval at its June meeting.

29.     It is anticipated that the SOE may be revised again to take account of new expectations arising from implementation of the CCO Review.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Auckland Council Statement of Expectations of substantive Council-controlled organisations, July 2021

555

b

10-year Budget 21/31 Supporting Information Exerpt: Section 5.2 CCO Accountability Policy

565

c

CCO Accountability mechanisms – Auckland Council, 2021

579

     

Ngā kaihaina

Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Louise Mason - GM Local Board Services

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/03965

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek formal feedback on the draft Auckland Council Code of Conduct.

Whakarāpopototanga matua

Executive summary

2.       Every council is required to adopt a Code of Conduct which must set out:

(a)   understandings and expectations adopted by the local authority about the manner in which members may conduct themselves while acting in their capacity as members, including—

(i)    behaviour toward one another, staff, and the public; and

(ii)   disclosure of information, including (but not limited to) the provision of any document, to elected members that—

(A)  is received by, or is in the possession of, an elected member in his or her capacity as an elected member; and

(B)  relates to the ability of the local authority to give effect to any provision of this Act; and

(b)   a general explanation of—

(i)    the Local Government Official Information and Meetings Act 1987; and

3.       All elected members must comply with the Code of Conduct adopted by the Governing Body.

4.       Auckland Council’s current code of conduct was last reviewed in 2013. In 2020, staff sought agreement from local boards and the Governing Body on the scope and process for reviewing the current code.

5.       An initial draft was presented to local board workshops in March/April 2021 to provide feedback for staff to consider when developing the second draft.

6.       The second draft is attached for formal feedback which will be reported to the Governing Body when it meets to adopt the revised code on 27 May 2021.

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      consider and provide its feedback to staff on the draft revised Code of Conduct to append to the report to the Governing Body on 27 May 2021.

b)      support the proposed revised draft Code of Conduct to be adopted by the Governing Body.

 

Horopaki

Context

7.       In October and November 2020, presentations on the review of the code process and scope were made to local board workshops and local board feedback was reported to the Governing Body on 26 November 2020.

8.       The Governing Body resolved to:

a)      note the feedback from local boards provided in Attachment B.

b)      agree that the scope of the review of the Auckland Council Code of Conduct will include consideration of:

i)       retaining and updating principles

ii)      retaining a process for complaints

iii)     appointing conduct commissioners

iv)     making reports of investigations by conduct commissioners public unless there are significant reasons to withhold them

v)      defining materiality

vi)     providing for sanctions which will be decided by conduct commissioners

vii)    providing policies on:

A)     conflicts of interest (including declarations on an interest register)

B)     confidential information access and disclosure

C)     election year

D)     communications

E)      media

F)      social media

G)     governance roles and responsibilities

H)     working with staff

I)       elected members expenses.

c)      agree that the process for finalising the review includes a:

i)       draft Code being presented to a Governing Body workshop followed by local board workshops (February 2021)

ii)      second draft incorporating feedback from workshops being presented to the Governing Body / Local Board Chairs meeting for joint discussion (March 2021)

iii)     a final draft reported to local boards for formal feedback (April 2021)

iv)     a final draft reported to Governing Body for adoption (May 2021).

9.       During March 2021, the draft code, in line with the agreed scope, was presented to local board workshops so that feedback could be considered when preparing a second draft for formal presentation to local board business meetings.

10.     The second draft is appended as Attachment A for consideration at this meeting.

11.     Due to the way that dates for the joint meetings of the Governing Body and local board chairpersons fall, the presentation to that meeting was moved to the Local Board Chairs Forum on 12 April 2021.

Tātaritanga me ngā tohutohu

Analysis and advice

12.     Local board members generally supported the first draft of the code. The feedback given at workshops is summarised in the following paragraphs. The feedback was informally provided by individual members and not by resolution of the full boards.

Conduct Commissioner

13.     Comments at the Māngere-Ōtāhuhu, Ōtara-Papatoetoe and Waitematā Local Board workshops noted the need for diversity of commissioners. A comment at the Devonport-Takapuna Local Board felt the panel of three was preferable to a single commissioner.

Comments

14.     Most boards did not object to replacing the panel with a single Conduct Commissioner and so the provision in the draft code for a single Conduct Commissioner has not been changed.

Decisions of the Investigator and Conduct Commissioner

15.     A couple of comments queried these decisions not being open to challenge. 

Comments

16.     The draft code has been amended to clarify that although the code itself does not provide an appeal process, this does not prevent the intervention of the Ombudsman or the courts.

Conflict of Interest Policy

17.     The draft code reduced the threshold for declaring gifts from $300 to $50 based on a survey of other councils. There was feedback from some local boards that a threshold of $100 would be more realistic.

Comments

18.     The Conflict of Interest Policy has been amended to set the threshold for declaring gifts at $100. The purpose of declaring gifts as part of the register is transparency around any sense of obligation that a member might have towards those who provide gifts. Often, the greater the gift the greater the sense of obligation. A threshold set at too low a level would require declarations of items which could result in non-compliance with making declarations due the administrative requirements and which would likely not create any sense of obligation to the giver. Staff consider a threshold of $100 as being reasonable for elected members. By comparison, the threshold for staff is $0 (all gifts need to be declared) but this is in the context of being work-related. The meaning of ‘work-related’ for elected members is less defined than it is for staff and could mean a greater range of gifts that need to be declared.

Confidential information

19.     One workshop noted that restrictions on disclosure should apply to discussions in workshops. 

Comments

20.     Attachment B to the code has been amended to recognise confidentiality implications around workshops (which would not apply if a workshop was open to the public). 

Other feedback

21.     The draft code has been amended to clarify various additional matters that were raised.   These include:

i)          References in the code to decisions of the Investigator or Conduct Commissioner being final mean that the code does not provide an appeal process, but this does not prevent recourse to the Ombudsman or to the courts.

ii)         Clarification that a complaint would normally be provided to the respondent in full but there may be occasions where, for reasons such as privacy, identities might not be provided.

iii)         Under principles applying to consideration of complaints, the word ‘reasonableness’ has been added to the bullet:

the concepts of natural justice, fairness and reasonableness will apply in the determination of any complaints made under this code.

Additional changes that have been made by staff

22.     There have been additional changes made by staff to improve the presentation and as a result of internal legal review:

i)        The relationship of the attachments to the code has been clarified in section 2 of the code. This section notes that some attachments are considered to be adopted with the code and have provisions that can lead to a breach of the code.

ii)       In the complaints section 4.2, the list of situations pertinent to lodging a complaint has been removed such that a complaint must simply relate to a member acting in their capacity as a member.

Additional changes that might yet be made

23.     The second draft that is attached to this report has also been sent to the Ombudsman and Professor Ron Paterson for comment. The Ombudsman has previously expressed interest in the protocol relating to confidential information and Professor Paterson is the current Principal Convenor of the Conduct Review Panel. There may be changes arising from their feedback.

24.     There may be changes arising from further internal legal review.

25.     There may be changes arising from feedback from local boards.

Tauākī whakaaweawe āhuarangi

Climate impact statement

26.     The code is purely procedural. It does not use any resources that could have an impact on climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27.     The code applies to members acting in their capacity as members.

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

Local impacts and local board views

28.     The code is ultimately adopted at a meeting of the Governing Body, but all elected members are required to comply with it. It is important, therefore, that local boards have adequate input into the review of the code. Local boards will resolve their comments which will be conveyed to the Governing Body when it considers adopting the revised code.

Tauākī whakaaweawe Māori

Māori impact statement

29.     The Māori community is affected by the relationship it has with its local council. The conduct of members has relevance to this. The revised code centres around two key principles, an ethical principle and a relationship principle. These principles contribute to the relationship the council develops with its Māori community.

Ngā ritenga ā-pūtea

Financial implications

30.     A key financial aspect of the revised code relates to replacing the current conduct review panel of three members with a single Conduct Commissioner (who is drawn from a list of commissioners approved by the Governing Body). 

31.     Under the current code, if a complaint cannot be resolved in its initial stages, it is escalated to the Principal Convenor of the panel and could result in the panel conducting a hearing for a cost of possibly around $10,000.

32.     A single Conduct Commissioner would reduce that cost.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33.     The key risk of not adopting the revised code lies primarily in the Conflict of Interest Policy.  The current policy does not reflect the current law.

34.     A mitigation is that at its meeting on 27 May 2021, the Governing Body will be asked to adopt the attachments to the code part by part so that the likelihood of one singular matter holding up adoption of the whole code is lessened. Additionally, if there are issues with a particular attachment, they can be further researched and reported back as a separate part.

Ngā koringa ā-muri

Next steps

35.     The feedback from local boards will be incorporated into the report to the Governing Body which will recommend adoption of a revised Code of Conduct.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Code of Conduct - for local boards

587

b

Craft Code of Conduct - attachments for local boards

607

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - GM Local Board Services

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Auckland Council’s Performance Report: Devonport-Takapuna Local Board for November 2020 to February 2021

File No.: CP2021/02703

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Devonport Takapuna Local Board (the local board) with an integrated performance report for November 2020 to February 2021.

Whakarāpopototanga matua

Executive summary

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

3.       The key activity updates from the November 2020 to February 2021 period are:

·        Younite received an award at the inaugural Auckland Youth Voice Awards, recognising the work they undertook in engaging students on the local board plan development;

·        Becroft Park sports field renewal is underway and on track to being completed ahead of the winter sports season;

·        renewal of the path and safety barrier at Killarney Park has commenced;

·        the upgrade of the Patuone Reserve walkway is out for tender, with physical works to commence in autumn 2021;

·        preferred suppliers have been appointed to renew the Milford and Gould reserve toilets, with physical works to commence in March and April 2021;

·        Wairau Estuary Enhancement Planting: Te Ngahere has prepared part of the eastern side of the estuary for planting in June 2021. One clean-up was held in November 2020, with 20 people attending and 97kg of rubbish collected.  Two more clean-ups are planned for 21 February and 6 March 2021;

4.       All activity updates from the local board work programme can be viewed in Attachment A.

5.       This report also includes a concept design for the Nile Reserve playground renewal which is ready to be considered by the local board.  The key features of the renewed asset include climbing walls, slides, rope climbing and other assets such as rubber spheres, stepping logs, and a seesaw.

6.       Due to reporting cycles, there are no further opportunities for the local board to consider work programme projects and their budgets which need to be carried forward to the 2021/2022 financial year. 

7.       Staff have identified the following projects which may need to be carried forward to ensure they can be completed and / or delivered in the 2021/2022 financial year:

·    SeaBins – Milford Marina rubbish removal (ID 3541);

·    Devonport-Takapuna Local Parks Management Plan (ID 1675);

·    Auburn Street Reserve service assessment (ID 24); and

·    Te Kete Rukuruku (ID 1996).

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive the performance report for November 2020 to February 2021.

b)      congratulate Younite for receiving an award for student engagement at the Auckland Youth Voice Awards.

c)      approve the concept plan for the Nile Reserve playground renewal as detailed in Attachment B, and recommend staff proceed to the detailed design and consenting phases of the project.

d)      request that the following work programme projects and their respective budgets be carried-forward to the 2021/2022 financial year:

i)        SeaBins – Milford Marina rubbish removal (ID 3541): $5,000;

ii)       Devonport-Takapuna Local Parks Management Plan (ID 1675): $51,000;

iii)      Auburn Street Reserve service assessment (ID 24): $20,000; and

iv)      Te Kete Rukuruku (ID 1996): $20,000.

e)      request that staff prepare and administer the funding agreement to the Korean Garden Trust so that the local board’s historical $150,000 operational grant can be allocated prior to the end of the 2020/2021 financial year.

Horopaki

Context

8.       The local board has an approved 2019/2020 work programme with the following operating departments:

Date approved

Council department and / or unit

Resolution number

18 August 2020

·      Community Facilities (including leases).

·      Infrastructure and Environmental Services (I&ES).

·      Community Services, which includes:

o Arts, Community and Events (ACE)

o Libraries and Information (L&I)

o Parks, Sport and Recreation (PSR)

o Service Strategy and Integration (SS&I)

·      External Partnerships

DT/2020/116

DT/2020/118

DT/2020/120

 

 

 

 

DT/2020/115

 

Tātaritanga me ngā tohutohu

Analysis and advice

Key activity updates

9.       The local board work programme is tracking against its key objectives, milestones and timelines for delivery.  A number of notable project updates from the November 2020 to February 2021 period include:

·    continued strong participation and programme delivery at arts and culture facilities (i.e. Lake House Arts Centre, The Depot and The Pumphouse Theatre);

·    Younite received an award at the inaugural Auckland Youth Voice Awards, recognising the work they undertook in engaging students on the local board plan development;

·    Becroft Park sports field renewal is underway and on track to being completed ahead of the winter sports season;

·    renewal of the path and safety barrier at Killarney Park has commenced;

·    the upgrade of the Patuone Reserve walkway is out for tender, with physical works to commence in autumn 2021;

·    preferred suppliers have been appointed to renew the Milford and Gould reserve toilets, with physical works to commence in March and April 2021 respectively;

·    Wairau Estuary Enhancement Planting: Te Ngahere has prepared part of the eastern side of the estuary for planting in June 2021. One clean-up was held in November 2020, with 20 people attending and 97kg of rubbish collected.  Two more clean-ups are planned for 21 February and 6 March 2021;

·    Pest Free Coordinators: Restoring Takarunga Hauraki has focused on increasing their volunteer network to build momentum for initiatives such as Ngā Manu Maungauika and Pest-Free Bayswater Peninsula.  The Pupuke Birdsong Project has focused on expanding the volunteer network to help promote pest-free initiatives. Volunteers have been successfully engaged to remove moth plants from many areas. Community conservation groups and schools continue to be supported, and planning is underway for planting days in May 2021;

·    Ecological volunteers and environmental programme: 678 volunteer hours have been undertaken during the November 2020 to February 2021 period.  A new group has formed; 'Friends of Henderson Park' and a new ongoing guardianship type role with a local corporate team at Patuone Reserve has been established.  The first activity cleared six cubic metres of rubbish from the reserve;

·    Activation of parks, places and open spaces: Fourteen activations were delivered.  Two had over 650 participants in attendance.  Two activations were included as part of the Sunnynook Community Centre Open Day.  No activations were impacted by COVID-19 level three lockdowns.

10.     All activity updates from the local board work programme can be viewed in Attachment A.

 

Other updates and approvals

Other approvals and requests

11.     Staff have prepared a concept design for the Nile Reserve playground renewal which is now ready to be considered by the local board.  The key features of the renewed asset include:

·    the main play structure features climbing walls, slides, rope climbing and social spaces;

·    other assets in the playground include rubber spheres, stepping logs, and a seesaw;

·    the existing junior and senior swing will be retained, however surface rust will be addressed;

·    the renewed asset has been designed and guided by the local board’s play space audit; and

·    it is been designed within its approved budget.

12.     Localised community engagement on the renewal was undertaken in September 2020 through an online survey.  The online survey was advertised with a letter drop to a 500 metre radius of the playground, along with signage on-site at the reserve itself.  50 responses were received, and a summary of  feedback is as follows:

·    most respondents access the reserve by walking (83 percent);

·    72 percent of respondents would prefer the playground to continue to be fully fenced;

·    the age range of children currently using the play space is between 0 and 12 years old;

·    the most preferred play activities were climbing, swinging and jumping, followed by monkey bars and nature play/balancing, then creative play and sliding;

·    there were nine requests for a hard surface path to ride scooters/skateboards/bikes;

·    there were eight requests for shade; and

·    the general feedback was that the current playground is very dull and does not cater for a wide age range.

13.     $200,000 of capital funding has been approved through the 2020/2021 Community Facilities work programme.  It is expected that the asset will be renewed within the existing budget.

14.     The local board is requested to approve the concept plan so that the renewal can proceed to the detailed design and consenting phase.

15.     It is estimated the physical works will commence in the 2021/2022 financial year.

16.     Please refer to Attachment B for the playground concept design.

 

Proposal for a hui between mana whenua and the local board prior to 30 June 2021

17.     A report by Matapapa Consulting that was  presented to the local board in December 2020 concluded that a mana whenua engagement process needs to be developed and adopted. This process would incorporate key engagement principles including resourcing and engaging with mana whenua.

18.     To implement this initiative, staff have commenced discussions with the local board as part of the 2021/2022 work programme through the Taha Maori: Maori Responsiveness budget line.  While this initiative is yet to be approved by the local board, staff have been approached to consider whether a hui can be organised prior to 30 June 2021, which means that an allocation from the 2020/2021 budget would be required to meet this request.

19.     Staff can advise that it would cost approximately $4,000 operational funding to organise a hui. The budget will be used towards supporting costs associated with:

·    koha;

·    milage for attendees who may be travelling from outside the Auckland region; and

·    catering and other support services (i.e. potentially towards venue hire).

20.     The local board’s community grants budget is the only available budget source to fund a hui. This is because all other budgets have been committed, or are allocated to projects which will continue into the 2021/2022 financial year.

21.     Supporting for this proposal will help deliver Outcome six: Māori values ngā tikanga a te Māori as detailed in the Devonport-Takapuna Local Board Plan, in particular the need to form strong working relationships with mana whenua and iwi who have interests in the local board area. 

22.     If the board is of a mind to proceed with this request, staff recommend that the local board allocate up to $4,000 in operational funding from the community grant budget to organise and deliver a hui before 30 June 2021.  An alternative approach would be for the local board to consider this request as part of future discussions and decision-making on the Taha Maori: Maori Responsiveness proposal that has been raised as part of 2021/2022 work programme conversations.

23.     In the event the local board chooses to fund a hui in this financial year, it is suggested that the board request additional advice from staff on the particulars (such as which iwi to invite, hui format, topics to pose for discussion, etc).

 

Activities with minor issues

24.     The following projects in the local board work programme have been identified as ‘amber’, which means they have minor issues impacting their progress and / or delivery:

ID

Activity name

Issue

Advice on next steps

2797

Barry’s Point Reserve - develop Korean Gardens

At the time of preparing this update, Asset Owner Approval was still required for the project.  Staff have since been advised that approval has been provided, and the project is commencing to the delivery phase.

Recommend that staff prepare and complete the funding agreement to support the Korean Gardens Trust with their project, as all the necessary approvals have been given.

3541

SeaBins - Milford Marina rubbish removal

Requirement to be confirmed once the SeaBins have been installed by the community group. Likely to be delayed until next year.

Recommend that the project budget be carried forward so that it can be completed in the 2021/2022 financial year.

1675

Devonport-Takapuna Local Parks Management Plan

Summary of consultation, classification review and develop Volume 1 of the plan still to be undertaken.

Recommend that the project budget be carried forward so that it can be completed in the 2021/2022 financial year.

906

Shorebird Workshops

This project has experienced slight delays, due to COVID-19 disruptions and differing community priorities. However, the workshops are still expected to be delivered within the financial year, if COVID-19 alert levels permit.

None, as workshops are still expected to be delivered.

 

Activities with significant issues

25.     The Te Kete Rukuruku (ID 1996) project is experiencing significant issues because potential parks and reserves for naming have not been confirmed with staff.  There has also been wider council issues with Māori naming, which although unrelated, has impacted the progress of the project.  Staff have held a workshop with the local board in early-April 2021 to discuss these issues and to finalise a list of names to be considered for dual naming.

26.     Any unallocated project budget can be carried-forward to the 2021/2022 financial year.

 

Ngā ritenga ā-pūtea

Financial Performance

Project budget carry forwards

27.     Due to reporting cycles, there are no further opportunities for the local board to consider work programme projects and their budgets which need to be carried forward to the 2021/2022 financial year. 

28.     Staff have identified the following projects which may need to be carried forward to ensure they can be completed and / or delivered in the 2021/2022 financial year:

·    SeaBins – Milford Marina rubbish removal (ID 3541): $5,000;

·    Devonport-Takapuna Local Parks Management Plan (ID 1675): $51,000;

·    Auburn Street Reserve service assessment (ID 24): $20,000; and

·    Te Kete Rukuruku (ID 1996): $20,000.

29.     It is important to the note that while the local board can nominate projects, council’s Finance department approve all project carry-forwards.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Local board work programme update for November 2020 to February 2021

691

b

Nile Reserve playground renewal - concept plan

721

     

Ngā kaihaina

Signatories

Authors

Tristan Coulson - Senior Local Board Advisor

Authorisers

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Input into Auckland Council submission to central government - Inquiry into congestion pricing in Auckland

File No.: CP2021/04182

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the local board with an opportunity to provide input into Auckland Council’s submission to the Transport and Infrastructure Select Committee inquiry into congestion pricing in Auckland.

Whakarāpopototanga matua

Executive summary

2.       Central government’s Transport and Infrastructure Select Committee (the committee) is calling for public submissions on its inquiry into congestion pricing in Auckland.  Congestion pricing involves implementing a charge (or charges) to manage demand on the road network.  This can encourage users to change their travel behaviour, such as the time, route, or mode by which they travel. 

3.       A copy of a memo provided to Auckland Council Planning Committee and local board members (dated 1 April) on this subject is presented as Attachment A to this report.  A copy of the findings report produced by ‘The Congestion Question’ project (TCQ) dated July 2020 is presented as Attachment B to this report.

4.       Auckland Council and Auckland Transport (AT) will make a combined submission to the inquiry.  The Transport and Infrastructure Select Committee is interested in hearing people’s thoughts on the idea of introducing congestion pricing in Auckland, and will be guided in its inquiry by the below terms of reference:

·    Using ‘The Congestion Question’ (TCQ) reports as a base, developing a thorough understanding of how a congestion regime could be implemented, including the use of technology, which routes would be included, and how charging could be structured and facilitated.

·    Through the submissions process, lead a constructive public dialogue to ensure all affected groups and individuals have an opportunity to have their say.

·    Ensuring that equity and mitigation issues are identified and how any scheme could be structured to ensure that any one group, particularly those on lower incomes, are not unreasonably impacted.

·    Focusing on how any revenue raised would be used and would integrate with other revenue streams derived from fuel taxes, road user charges, and other fiscal factors.

·    Identifying and evaluating comparative congestion charging models internationally and identifying best practice.

·    Confirming the likely behavioural change and benefits from a congestion charge in Auckland, including evaluating the impact of behavioural change on existing alternative transport modes, especially public transport.

·    Provide the opportunity for those outside Auckland to engage with the issue through the submissions process.

·    Understanding the impact of a congestion charge on emissions and air quality.

·    Understanding the options for legislative change to enable congestion pricing.

5.       Council staff have presented to the Planning Committee on ‘The Congestion Question’ (TCQ) previously, most recently on 3 December 2020 where a project update and the findings from phase two were presented.  The Planning Committee passed the following resolutions at that meeting (resolution number PLA/2020/116):

·    note that phase two of ‘The Congestion Question’ (TCQ) project is complete;

·    receive the findings from phase two of ‘The Congestion Question’ (TCQ) project;

·    approve officers scoping the next phase of the project alongside officers from participating agencies, including Auckland Transport:

·    note that officers will seek the Planning Committee’s approval of the scope before proceeding with the third phase of the TCQ project;

·    require that the scope provides a timeline and process for comprehensive public engagement, including targeted engagement with Maori, due to the critical importance of hearing from Aucklanders about the implications and options of congestion pricing before any decisions are finalised;

·    require that the potential social inequity impacts and the mitigation of any such impacts be fundamental to further considerations and the scope of the next phase of work;

·    requests quarterly progress reporting on the next phase of congestion pricing in Auckland;

·    urge central government to fully commit its agencies to progress the next phase of congestion pricing in Auckland, including provisional scheme design, for a final decision by quarter three in 2021.

6.       Central government’s Transport and Infrastructure Select Committee announced it was calling for public submissions on its inquiry on 25 March 2021.  Submissions close on Thursday 20 May.  Due to the timing of the submission deadline in relation to Auckland Council’s Planning Committee schedule, council staff will be asking for a delegated sign off at the 6 May Planning Committee meeting.

7.       Feedback received from local boards by 10 May will be considered for incorporation into the main submission.  Feedback received from local boards by 17 May will be appended to the council submission.

8.       The local board now has the opportunity to consider the matters raised by ‘The Congestion Question’ (TCQ) project and formulate its views for inclusion as part of Auckland Council’s submission to the select committee.  In terms of providing such input, the local board may choose to:

·    remain silent (i.e. choose to not provide feedback) and simply receive the report for information;

·    resolve its final feedback at this meeting against this report; or

·    nominate member(s) to prepare draft feedback on behalf of the local board, with the intention of bringing that feedback to the local board’s 4 May business meeting for final approval.  This will provide the local board more time to consider the issues raised within the TCQ findings document and formulate its views, whilst ensuring its position can be considered for incorporation into council’s main submission.

9.       Staff recommend that the local board nominate member(s) to prepare the board’s draft feedback as outlined in the third bullet point above.

 

 

 

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive the report and its attachments as follows:

i)    Attachment A - memo provided to Auckland Council Planning Committee and local board members dated 1 April 2021; and

ii)   Attachment B - findings report produced by ‘The Congestion Question’ project (TCQ) dated July 2020.

b)      nominate member(s) to prepare draft input into Auckland Council’s submission to the Transport and Infrastructure Select Committee inquiry into congestion pricing in Auckland on behalf of the local board, noting that:

i)    the draft feedback will be presented to the local board’s 4 May 2021 business meeting for final approval; and

c)      feedback received from local boards by 10 May 2021 will be considered for incorporation into Auckland Council’s main submission.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Memo: Transport and Infrastructure Select Committee inquiry into congestion
pricing in Auckland

729

b

The Congestion Question Main Findings July 2020

733

     

Ngā kaihaina

Signatories

Authors

Rhiannon Foulstone-Guinness - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Wairau catchment working group meeting, Monday 15 March, 2021

File No.: CP2021/02621

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       On Monday 15 March 2021, a working group meeting was held at the Devonport-Takapuna Local Board office to discuss the Wairau catchment. Meeting documents, notes and action points from the Wairau catchment working group are in Attachments A through F of the agenda report.

Whakarāpopototanga matua

Executive summary

2.       At the Wairau catchment working group meeting, members from Kaipātiki Local Board, Devonport-Takapuna Local Board, Kaipātiki Project – Ben Sheeran, Milford WEEPS – Guy Armstrong and David Dromer, Pest Free Kaipātiki – Fiona Smal and Pupuke Birdsong Project – Fiona Martin, Milford and Castor Bay Resident & Ratepayer Associatons – Peter Carter, were invited. 

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive the following documents from the Wairau catchment working group meeting held on Monday 14 December 2020 at the Devonport-Takapuna Local Board office:

i)     Wairau catchment working group agenda, meeting notes and action points

ii)    Industrial Pollution Prevention Programme PowerPoint presentation.

iii)    Auckland Council Healthy Waters PowerPoint presentation.

iv)   Urban Sediment Concerns PowerPoint Presentation.

v)    Water Quality Targeted Rate Proposal LTP 2021 PowerPoint presentation.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Wairau catchment working group March 15 2021 Agenda

761

b

Wairau catchment working group March 15 2021 meeting notes and action points

763

c

Industrial Pollution Prevention Programme PowerPoint presentation.

767

d

Auckland Council Healthy Waters PowerPoint presentation

783

e

Urban Sediment Concerns PowerPoint Presentation

805

f

Water Quality Targeted Rate Proposal LTP 2021 PowerPoint presentation

827

     

Ngā kaihaina

Signatories

Authors

Rhiannon Foulstone-Guinness - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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20 April 2021

 

 

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20 April 2021

 

 

















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20 April 2021

 

 

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20 April 2021

 

 























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20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Chairpersons' Report

File No.: CP2021/00584

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the Chairperson of the Devonport-Takapuna Local Board to provide updates on the projects and issues relevant to the board.

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive and thank Chairperson A Bennett for his verbal report

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Rhiannon Foulstone-Guinness - Democracy Advisor

Authoriser

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

Elected Members' Reports

File No.: CP2021/00594

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the members of the Devonport-Takapuna Local Board to provide updates on the projects and issues they have been involved in since the March 2021 Meeting

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive and thank members for their reports.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Rhiannon Foulstone-Guinness - Democracy Advisor

Authoriser

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

Devonport-Takapuna Local Board - Record of Workshops March 2021

File No.: CP2021/00604

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide a record of Devonport-Takapuna Local Board workshops held during March 2021.

Whakarāpopototanga matua

Executive summary

2.       At the workshop held on Tuesday 09 March 2021, the board was briefed on:

·    Parks, Sports and Recreation

-     Toilet Provision Scope

·    Arts, Community and Events

-     CEU Update

·    Auckland Unlimited (Formerly ATEED)

-     Bruce Mason Centre Update

3.       At the workshop held on Tuesday 23 March 2021, the board was briefed on:

·    Governance

-     Auckland Council Code of Conduct review

4.       Records of these workshops are attached to this report.

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      receive the records of the workshops held in March 2021

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Devonport-Takapuna Local Board Workshop Record - 9 March 2021

843

b

Devonport-Takapuna Local Board Workshop Record - 23 March 2021

845

     

Ngā kaihaina

Signatories

Author

Rhiannon Foulstone-Guinness - Democracy Advisor

Authoriser

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

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Devonport-Takapuna Local Board

20 April 2021

 

 

Governance Forward Work Calendar

File No.: CP2021/00617

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on reports to be presented to the board for 2021.

Whakarāpopototanga matua

Executive summary

2.       The governance forward work calendar was introduced in 2016 as part of Auckland Council’s quality advice programme. The calendar aims to support local boards’ governance role by:

·    ensuring advice on meeting agendas is driven by the local board priorities

·    clarifying what advice is expected and when

·    clarifying the rationale for reports.

3.       The calendar also aims to provide guidance to staff supporting local boards and greater transparency for the public. The calendar is updated monthly, reported to local board business meetings, and distributed to council staff.

4.       The April 2021 governance forward work calendar for the Devonport-Takapuna Local Board is provided as Attachment A. The information contained within this attachment is as accurate as possible under covid-19 circumstances.

 

 

Ngā tūtohunga

Recommendation/s

That the Devonport-Takapuna Local Board:

a)      note the Devonport-Takapuna Local Board governance forward work calendar for April 2021 as set out in Attachment A of this agenda report.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Programme Calendar - April 2021

851

     

Ngā kaihaina

Signatories

Author

Rhiannon Foulstone-Guinness - Democracy Advisor

Authoriser

Eric Perry - Local Area Manager

 


Devonport-Takapuna Local Board

20 April 2021

 

 

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[1]    For example, local parks, reserves, civic spaces, footpaths and roads.

[2]    Markets and stalls, mobile shops, outdoor dining, fundraising, hire of recreational equipment, distribution of promotional goods and materials, street performance (including busking and pavement art), micromobility and outdoor display of goods.

[3] Trading and Events in Public Places Guidelines 2015, Shared Spaces Guidelines 2017 and Auckland Film Protocol.

[4] Reserves Act, Trespass Act, Fair Trading Act, Resource Management Act, Unitary Plan, Customer Guarantees Act, Road User Rule, Waitakere Ranges Heritage Area Act, Electricity (Safety) Regulations, Public Safety and Nuisance Bylaw, Signage Bylaw.

[5] Local board representatives were Troy Churton (Ōrākei Local Board) and Sandra Coney (Waitākere Ranges Local Board)

[6] Include reference to the Waitakere Ranges Heritage Area Act, Reserves Act, requirements for landowner approvals, rules around the use of drones; consider the effects of activities on the environment and its wildlife, a more explicit definition of an event and exemptions for whānau gatherings or children to sell ice-cream or lemonade in front of their houses.