I hereby give notice that an ordinary meeting of the Governing Body will be held on:
Date: Time: Meeting Room: Venue:
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Thursday, 29 April 2021 10.00am Reception
Lounge |
Tira Kāwana / Governing Body
OPEN AGENDA
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MEMBERSHIP
Mayor |
Hon Phil Goff, CNZM, JP |
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Deputy Mayor |
Deputy Mayor Cr Bill Cashmore |
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Councillors |
Cr Josephine Bartley |
Cr Richard Hills |
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Cr Dr Cathy Casey |
Cr Tracy Mulholland |
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Cr Fa’anana Efeso Collins |
Cr Daniel Newman, JP |
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Cr Pippa Coom |
Cr Greg Sayers |
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Cr Linda Cooper, JP |
Cr Desley Simpson, JP |
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Cr Angela Dalton |
Cr Sharon Stewart, QSM |
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Cr Chris Darby |
Cr Wayne Walker |
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Cr Alf Filipaina |
Cr John Watson |
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Cr Christine Fletcher, QSO |
Cr Paul Young |
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Cr Shane Henderson |
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(Quorum 11 members)
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Sarndra O'Toole Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors
22 April 2021
Contact Telephone: (09) 890 8152 Email: sarndra.otoole@aucklandcouncil.govt.nz Website: www.aucklandcouncil.govt.nz
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Terms of Reference
Those powers which cannot legally be delegated:
(a) the power to make a rate
(b) the power to make a bylaw
(c) the power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-Term Plan
(d) the power to adopt a long-term plan, annual plan, or annual report
(e) the power to appoint a chief executive
(f) the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement
(g) the power to adopt a remuneration and employment policy
Additional responsibilities retained by the Governing Body:
(h) approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation
(i) approval of a draft bylaw prior to consultation
(j) resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer
(k) adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct
(l) relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees
(m) overview of and decisions relating to any CCO review including the implementation of any resulting changes to CCOs
(n) oversight of work programmes of all committees of the governing body.
Exclusion of the public – who needs to leave the meeting
Members of the public
All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.
Those who are not members of the public
General principles
· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.
· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.
· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.
· In any case of doubt, the ruling of the chairperson is final.
Members of the meeting
· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).
· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.
· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.
Independent Māori Statutory Board
· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.
· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.
Staff
· All staff supporting the meeting (administrative, senior management) remain.
· Other staff who need to because of their role may remain.
Local Board members
· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.
Council Controlled Organisations
· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.
Governing Body 29 April 2021 |
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1 Affirmation 7
2 Apologies 7
3 Declaration of Interest 7
4 Confirmation of Minutes 7
5 Petitions 7
6 Public Input 7
7 Local Board Input 7
8 Extraordinary Business 8
9 Independent review of health and safety at Ports of Auckland - final report 9
10 Amendments to the Alcohol Control Bylaw: Bylaw Panel report 65
11 Endorsement of the Mayor and Deputy Mayor as sponsors of the Auckland Light Rail Project 105
12 Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 29 April 2021 113
13 Consideration of Extraordinary Items
His Worship the Mayor will read the affirmation.
At the close of the agenda no apologies had been received.
Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.
That the Governing Body: a) confirm the ordinary minutes of its meeting, held on Thursday, 25 March 2021, including the confidential section, as a true and correct record.
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At the close of the agenda no requests to present petitions had been received.
Standing Order 7.7 provides for Public Input. Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders. A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.
At the close of the agenda no requests for public input had been received.
Standing Order 6.2 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.
This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.
At the close of the agenda no requests for local board input had been received.
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.”
Governing Body 29 April 2021 |
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Independent review of health and safety at Ports of Auckland - final report
File No.: CP2021/03423
Te take mō te pūrongo
Purpose of the report
1. The purpose of the report is to:
a) receive the final report of the independent review of health and safety at Ports of Auckland by Construction Health and Safety New Zealand (CHASNZ)
b) propose that Ports of Auckland: provide council with a copy of its high-level implementation plan for the review’s recommendations, present to Governing Body meetings on progress with implementation; reflect the recommendations in its draft 2021-2024 Statement of Corporate Intent and provides council with a completed safety assurance framework for the straddle automation project at Fergusson Wharf prior to full rollout.
Whakarāpopototanga matua
Executive summary
2. An independent review of health and safety at Ports of Auckland conducted by CHASNZ, has recently concluded, with the final report made publicly available on 30 March 2021.
3. The focus of the review was to assess and comment on Ports of Auckland’s systemic management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland.
4. The review concluded there are systemic problems at Ports of Auckland in relation to critical health and safety risk management and organisational culture that relate to health and safety. The final report makes 45 recommendations and provides an estimated implementation period for each (short, medium and long term) and estimated impact (low, medium, high).
5. To ensure effective oversight of POAL’s implementation of the final report recommendations, this report recommends that POAL:
· develop and provide council with a copy of its high-level plan for implementation of the review’s 45 recommendations
· presents to the Governing Body meetings in July and October 2021 on progress with implementation of the review’s recommendations
· in its draft 2021-2024 Statement of Corporate Intent, reflects implementation of the final report recommendations
· provides council with a completed safety assurance framework for the straddle automation project at Fergusson Wharf prior to full rollout.
Recommendation/s
That the Governing Body:
a) receive the final report of the independent review of health and safety at Ports of Auckland, conducted by Construction Health and Safety New Zealand (CHASNZ), provided at Attachment A of the agenda report.
b) request Ports of Auckland develop and provide council with a copy of its high-level plan for implementation of the review’s 45 recommendations.
c) request Ports of Auckland present to the Governing Body meetings in July and October 2021 on progress with implementation of the review’s recommendations, and these presentations will be made publicly available.
d) request that prior to full rollout of straddle automation at Fergusson Wharf, Ports of Auckland provide council with copy of its completed safety assurance framework for this major project.
e) request Ports of Auckland reflect implementation of the review’s recommendations in its draft 2021-2024 Statement of Corporate Intent, which is due to the shareholder by 1 August 2021.
Horopaki
Context
6. On 14 September 2020 the Mayor announced that Auckland Council, as Ports of Auckland’s sole shareholder, would carry out an independent review of health and safety at Ports of Auckland, following the death of a stevedore, Palaamo Kalati, on 30 August which was the third death at or connected to the port’s operations since 2017.
7. The terms of reference for the review were approved at the Governing Body meeting on 24 September 2020 (GB/2020/104). CHASNZ were commissioned to undertake an independent review of health and safety at Ports of Auckland.
8. The focus of the review was to assess and comment on Ports of Auckland’s systemic management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland.
9. For the purposes of fact-checking and natural justice, both Auckland Council and Ports of Auckland through their respective Chief Executives, had an opportunity to comment on a draft of the report prior to CHASNZ finalising the report. CHASNZ has completed its review and the final report is provided at Attachment A. This was released publicly on 30 March 2021.
10. A Governing Body workshop was held on Monday 12 April 2021 to discuss the final report. Roger McRae (Chair) and Chris Alderson (Chief Executive) from CHASNZ presented the key findings and recommendations of the report and took questions.
Tātaritanga me ngā tohutohu
Analysis and advice
11. A general summary of key findings and recommendations from the final report are:
· there are systemic problems at Ports of Auckland Limited (POAL) in relation to critical health and safety risk management and organisational culture that relate to health and safety
· although POAL are good at managing aspects of their business such as shipping movements and equipment maintenance, there is more focus needed where there is reliance on the people element, in particular, in the higher risk areas of the business.
· in reviewing the systemic management of critical health and safety risks the Reviewers found that there is opportunity for significant improvement to ensure that POAL operates a resilient and appropriate control environment reflective of the level of inherent risk in port operations
· in high risk areas of the port there were inconsistent views on how workers perceived the commitment to health and safety by senior management to that of what board, line and executive management felt was being demonstrated.
· the difficult relationship between Maritime Union of New Zealand (MUNZ) and POAL has, at times, hampered health and safety improvement. For health and safety to continue to improve at POAL, it is essential that all parties work collaboratively to support health and safety.
12. The review made 45 recommendations in the final report and provides an estimated implementation period for each (short, medium and long term) and estimated impact (low, medium, high), but notes that this is for guidance only and should be evaluated by Ports of Auckland as a separate exercise. The recommendations cover ten main areas including: governance, leadership, overlapping duties, fatigue management, incident reporting and investigation.
13. To ensure effective oversight of POAL’s implementation of the recommendations, it is recommended that Ports of Auckland develop and provide council with a copy of its high-level plan for implementation of the review’s 45 recommendations. This would set out which recommendations will be actioned as an immediate priority and the indicative phasing for implementation of the remaining recommendations.
14. It is further recommended that POAL present to Governing Body meetings in July and October 2021 on progress with implementation of the review’s recommendations. These presentations will be made publicly available.
15. Finding 2.3.6 in the report which stated that “the automation project is unable to make a robust safety case for the development and operation of the automated straddles at Fergusson Wharf. It would be reasonable for a major project involving a new approach to integrating automated plant into an existing manual operation to have developed a safety assurance framework to enable an appropriate case to be made about the overall system safety during design, development, and operation.”
16. Prior to full rollout of straddle automation at Fergusson Wharf, it is recommended the Ports of Auckland board provide council with copy of its completed safety assurance framework for this major project. This is in accordance with recommendation 2.3.11 of the final report.
17. The 2020-2023 Statement of Corporate Intent sets out Ports of Auckland’s objectives and performance targets. It contains an outcome of “safe and empowered people” with a related strategic objective to have “safety and wellbeing embedded into our culture”. To enable the council to evaluate this, there are the following performance targets:
• number of lost time injuries, with the annual target to achieve zero
• number of fatalities, with the annual target to achieve zero
• achieve the target of becoming a zero harm workplace
18. Now the independent review is complete, it is recommended council as shareholder make clear to POAL it expects implementation of the review’s recommendations to be reflected in its draft 2021-2024 Statement of Corporate Intent. The draft is due to council by 1 August 2021. In addition, future Statements of Corporate Intent should contain ‘lead’ indicators relating to health and safety issues, and not just ‘lag’ indicators.
Tauākī whakaaweawe āhuarangi
Climate impact statement
19. The decision to receive the independent review final report will not impact on greenhouse gas emissions and the effect of climate change on the decision is considered to be minimal.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
20. POAL has received final report and has issued a response (Attachment B). POAL has thanked CHASNZ for the way they conducted the review and their findings. POAL accepts those findings and is committed to complete their recommendations as soon as practicable.
21. POAL also noted they will regularly report their progress on completing these recommendations to its employees, shareholder and the wider public.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
22. The governance of council-owned organisations is the responsibility of the Governing Body, and therefore we have not consulted local boards on the recommendations of this agenda report.
Tauākī whakaaweawe Māori
Māori impact statement
23. One of the report’s key recommendations was that POAL executive management needs to address perceived engagement and trust gaps between executive management and frontline workforce regarding health and safety expectations.
24. POAL has a diverse workforce, as evidenced by CHASNZ undertaking its safety climate survey in seven different languages. Engagement with the frontline workforce could be improved by increasing the cultural competence of POAL.
25. Council has previously required POAL to produce a Māori Outcomes Plan. This plan could outline specific actions that POAL will take to improve engagement and trust with its Māori workforce. This could assist in achieving the review’s recommendations regarding building a positive health and safety culture.
Ngā ritenga ā-pūtea
Financial implications
26. Ports of Auckland have met the costs of the independent review. There are no financial implications for council associated with receiving the independent review final report. However, there may be financial costs for POAL in implementation of some of the review’s recommendations.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
27. There are no significant risks to council with the proposed recommendations.
28. As highlighted previously, the independent review final report stated there are systemic problems at POAL in relation to critical health and safety risk management and organisational culture that relate to health and safety.
29. To ensure effective oversight of POAL’s implementation of the final report recommendations, a copy of the high-level implementation plan, presentations on progress and reflection in the draft 2021-2024 Statement of Corporate Intent is proposed. A request for a copy of the completed safety assurance framework for straddle automation at Fergusson Wharf is also proposed.
Ngā koringa ā-muri
Next steps
30. If the Governing Body agrees the recommendations, it will receive presentations from POAL at Governing Body meetings in July and October 2021 on progress with implementation of the review’s recommendations, which will be made publicly available.
31. POAL’s draft 2021-2024 Statement of Corporate Intent will be considered by the CCO Oversight Committee in September 2021.
Attachments
No. |
Title |
Page |
a⇩ |
Independent review of health and safety at Ports of Auckland - final report |
15 |
b⇩ |
Ports of Auckland Limited response to CHASNZ independent review of health and safety |
59 |
Ngā kaihaina
Signatories
Author |
Sarah Johnstone-Smith - Principal Advisor |
Authorisers |
Alastair Cameron - Manager - CCO Governance & External Partnerships Phil Wilson - Governance Director Jim Stabback - Chief Executive |
29 April 2021 |
|
Amendments to the Alcohol Control Bylaw: Bylaw Panel report
File No.: CP2021/03967
Te take mō te pūrongo
Purpose of the report
1. To adopt changes to Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Whakararata Waipiro 2014 / the Auckland Council Alcohol Control Bylaw 2014.
Whakarāpopototanga matua
Executive summary
2. To enable a decision on whether to adopt changes to the Alcohol Control Bylaw 2014, an appointed Bylaw Panel has deliberated and made recommendations on public feedback to a proposal and on local board and Auckland Domain Committee views.
4. The proposal seeks to make new temporary alcohol bans for major events at four regional venues (Rarotonga / Mount Smart Stadium, Waiōrea / Western Springs Stadium, Eden Park and Pukekawa / Auckland Domain) and to make the Bylaw easier to read and understand.
5. The Governing Body adopted the proposal for public consultation on 24 September 2020. Feedback was received from 883 people and organisations.
6. The Bylaw Panel recommends the Governing Body adopt the proposal with amendments in response to matters raised (Attachments A and B). Taking this approach will better reduce alcohol-related crime and disorder in public places from major events. Key amendments:
· apply the proposed Waiōrea / Western Springs Stadium ban area to any major event held at Western Springs Outer Fields
· add the Auckland Zoo carpark to the recommended Waiōrea / Western Springs Stadium and Western Springs Outer Fields ban areas
· add Te Papapa Train Station and accessways to the recommended Rarotonga / Mount Smart Stadium ban area
· add any fan trail to all recommended new temporary alcohol ban areas
· add Newmarket Train Station to any future fan trail for ‘Christmas in the Park’ at Pukekawa / Auckland Domain and the new Mount Eden Train Station to any future fan trail for major events at Eden Park.
7. There is a reputational risk that some people or organisations may not feel council has listened to their feedback. This can be mitigated by communicating the reasons for the decisions to those who gave written feedback.
8. If adopted, staff will publicly notify the decision and update the Bylaw when changes come into force on 1 June 2021.
Recommendation/s
That the Governing Body:
a) approve the Bylaw Panel recommendations on the proposed changes to Te Ture ā-Rohe Whakararata Waipiro 2014 / the Alcohol Control Bylaw 2014 in Attachment A and Attachment B of the agenda report.
b) confirm that the amended Alcohol Control Bylaw 2014 in Attachment C of this agenda report:
i) is the most appropriate way to address crime or disorder in certain public places caused or made worse by alcohol consumed there
ii) is the most appropriate form of bylaw
iii) does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990
iv) contains temporary alcohol bans for large-scale events that are a reasonable limitation on people’s rights and freedoms.
c) adopt the amended Alcohol Control Bylaw 2014 in Attachment C of this agenda report with effect from 1 June 2021.
d) approve the distribution of this agenda report and associated minutes to local boards for their information.
e) delegate authority through the Chief Executive to the manager responsible for bylaws to make any amendments to the Bylaw in Attachment C of this agenda report to correct errors or omissions.
Horopaki
Context
The Governing Body adopted a proposal to improve the Bylaw for public consultation
9. Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Whakararata Waipiro 2014 / the Auckland Council Alcohol Control Bylaw 2014 (Bylaw) enables alcohol bans to be made to reduce crime or disorder in certain public places caused or made worse by alcohol consumed there.[1]
10. Following a statutory bylaw review,[2] the Governing Body adopted a
Statement of Proposal to improve the Bylaw for public consultation. An
appointed Bylaw Panel[3]
deliberated and made recommendations on matters raised (see figure below):
11. The proposal seeks to better reduce alcohol-related crime and disorder by making:
· new temporary alcohol bans for major events[4] at four regional venues (Rarotonga / Mount Smart Stadium, Waiōrea / Western Springs Stadium, Eden Park and Pukekawa / Auckland Domain)
· the Bylaw easier to read and understand.
12. More information about the proposal, public notification and feedback can be viewed on council’s have your say and hearings webpages.
Tātaritanga me ngā tohutohu
Analysis and advice
Bylaw Panel considered feedback and views in accordance with legislative requirements
13. The Bylaw Panel considered and made recommendations on all public feedback and local board and Auckland Domain Committee views in accordance with relevant statutory requirements, including that council:[5]
· must receive public feedback with an open mind and give it due consideration
· must provide the decisions and reasons to people who provided feedback
· must ensure all meetings are open to the public
· may consider or request comment or advice from staff or any other person to assist their decision-making
· must ensure that the amended Bylaw is the most appropriate way to address crime or disorder in certain public places caused or made worse by alcohol consumed there, is the most appropriate form of bylaw, and is not inconsistent with the New Zealand Bill of Rights Act 1990
· must ensure that any temporary alcohol ban in a bylaw for a large-scale event can be justified as a reasonable limitation on people’s rights and freedoms.
14. The Bylaw Panel structured its deliberations by topic. Each topic and recommendations are summarised in the table below and contained in full in Attachment A.
15. Key recommendations include making a new temporary alcohol ban for major events at Western Springs Outer Fields and adding fan trails[6] to all recommended ban areas.
Summary of key Bylaw Panel recommendations
Topic |
Summary of key Bylaw Panel recommendations |
New temporary alcohol ban for major events at Waiōrea / Western Springs Stadium |
Amend proposal to apply the ban area to any major event held at the Western Springs Outer Fields, and to include the Auckland Zoo carpark in both ban areas. Reasons include to recognise the use of the Outer Fields for major events and Police support for inclusion, and the close accessibility of the Zoo carpark to both venues. |
New temporary alcohol ban for major events at Rarotonga / Mount Smart Stadium |
Amend proposal to include Te Papapa Train Station and accessways to better reduce alcohol-related crime and disorder in public places from large numbers of event attendees walking to a major event. |
New temporary alcohol bans for major events at four regional venues (Rarotonga / Mount Smart Stadium, Waiōrea / Western Springs Stadium, Eden Park and Pukekawa / Auckland Domain) |
Amend all recommended new temporary alcohol ban areas to: · include any fan trail activated as part of a major event at those venues · include Newmarket Train Station in any future fan trail for ‘Christmas in the Park’ at Pukekawa / Auckland Domain · include the new Mount Eden Train Station[7] in any future fan trail for major events at Eden Park. |
Replace rules covered by existing legislation or council policy with ‘related information’ |
16. Adopt proposal as publicly notified to remove duplication of rules, to make the Bylaw easier to read and understand and to make it easier to update related information for consistency with changes to rules outside the Bylaw. |
Clarify exceptions to alcohol bans, council’s ability to make temporary alcohol bans, and the Bylaw wording |
Adopt proposal as publicly notified due to high support, comprehensive related information, and to make the Bylaw easier to read and understand.
|
Other matters |
Request that appropriate council units: · reconsider designated ‘VIP’ areas serving alcohol at the alcohol-free ‘Christmas in the Park’ · consider inclusion of multiple languages on alcohol ban and fan trail signage. |
17. Where Bylaw Panel recommendations in Attachment A amend the proposal, the recommended changes are shown in a comparison table in Attachment B. The changes improve the Bylaw form, can be justified as a reasonable limitation on people’s rights and freedoms, and do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990.
Bylaw Panel recommends the Governing Body adopt the proposal with amendments
18. The Bylaw Panel recommends that the Governing Body make the necessary statutory determinations to adopt the amended Bylaw in Attachment C. The Bylaw in Attachment C incorporates recommended amendments in Attachments A and B. Taking this approach will make the Bylaw easier to read and understand, and better reduce alcohol-related crime and disorder.
Tauākī whakaaweawe āhuarangi
Climate impact statement
19. 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
20. The proposal impacts the operation of units across the council group involved in events, processing alcohol ban requests and alcohol ban signage. Those units are aware of the impacts of the proposal and their implementation role.
21. Auckland Unlimited advised that the proposed Waiōrea / Western Springs Stadium ban area should also apply to major events held on Western Springs Outer Fields.
22. Community Action on Youth and Drugs (CAYAD) Tāmaki Makaurau, and the Safety Collective Tāmaki Makaurau provided advice about event implementation that has been circulated to other relevant council units.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
23. The proposal impacts the Auckland region. All local boards and the Auckland Domain Committee provided views on how the Bylaw Panel should address matters raised in public feedback to the proposal (click link to view in 19 March 2021 Deliberations agenda, Attachment G). Most views supported all proposals with some exceptions or additions.
24. Three local boards[8] and the Auckland Domain Committee also chose to present those views in person to the Bylaw Panel on 19 March 2021.
Tauākī whakaaweawe Māori
Māori impact statement
25. The Bylaw has significance for Māori as users and kaitiaki / guardians of public space. Māori are also over-represented in alcohol-related hospital visits, the criminal justice system and as victims of crime.
26. Māori health advocacy organisations, Te Puni Kōkiri and the Tūpuna Maunga Authority support the use of alcohol bans as a tool to reduce alcohol-related harm.
27. The Tūpuna Maunga Authority provided general feedback on the proposal noting that Tūpuna Maunga are subject to alcohol and smoke-free policy that supports the spiritual, cultural and community significance of the maunga.
28. Mana whenua and mataawaka were notified of the proposal and given the opportunity to provide feedback in writing, online and in-person. Twelve per cent of feedback received (98 people) was from individuals identifying as Māori, the majority of whom were supportive of the proposal. This is consistent with the overall percentage of public feedback in support.
Ngā ritenga ā-pūtea
Financial implications
29. There are no financial implications. The cost of public notification of the decision and implementation will be met within existing budgets.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
30. There is a reputational risk that some people or organisations may not feel council has listened to their feedback. This can be mitigated by communicating the reasons for the decisions to those who provided written feedback.
Ngā koringa ā-muri
Next steps
31. If adopted, staff will notify the public and people who provided feedback on the proposal of
Attachments
No. |
Title |
Page |
a⇩ |
Deliberations table |
71 |
b⇩ |
Comparison of proposed and Panel-recommended changes |
81 |
c⇩ |
Proposed amended Alcohol Control Bylaw 2014 |
85 |
Ngā kaihaina
Signatories
Authors |
Cr Josephine Bartley – Chair of the Bylaw Hearing Panel Cr Cathy Casey Independent Māori Statutory Board Member Glenn Wilcox |
29 April 2021 |
|
Endorsement of the Mayor and Deputy Mayor as sponsors of the Auckland Light Rail Project
File No.: CP2021/04496
Te take mō te pūrongo
Purpose of the report
1. To endorse the role of the Mayor and Deputy Mayor as sponsors of the Auckland Light Rail project along with the Ministers of Transport and Finance.
Whakarāpopototanga matua
Executive summary
2. On 31 March 2021, the Minister of Transport announced the next phase of the Auckland Light Rail project (City Centre to Māngere). The Minister’s media release and information sheet is attached to this report.
3. As part of the process the Minister has asked the Mayor and Deputy Mayor to be sponsors of the project with himself and the Minister of Finance. The Mayor and Deputy Mayor have agreed and the purpose of this report is for the Governing Body to formally endorse their roles.
Recommendation/s
That the Governing Body:
a) endorse the Mayor and Deputy Mayor joining the Ministers of Transport and Finance as sponsors of the Auckland Light Rail project (City Centre to Māngere)
Horopaki
Context
4. On 31 March 2020, the Minister of Transport, Michael Wood, announced the next step in the Auckland Light Rail project (City Centre to Māngere). An Establishment Unit, with a governance board (Establishment Unit Board), will be set up and will develop a business case, engage with Auckland and ultimately provide advice to Ministers on the route, mode and options for the delivery entity.
5. The Independent Chair of the Establishment Unit Board is expected to be appointed soon.
6. Staff from Waka Kotahi, Auckland Transport, Auckland Council and Ministry of Transport will be seconded into the Establishment Unit.
7. Cabinet will make the final decisions on the matters referenced above. However, to inform Cabinet’s decisions, a sponsors group has been set up comprising the Ministers of Finance and Transport and the Mayor and Deputy Mayor of Auckland.
Tātaritanga me ngā tohutohu
Analysis and advice
8. The purpose of the sponsors group is to provide direction to the Establishment Unit Board as to the work required, to be updated on progress and matters of risk, and to assist the Minsters of Finance and Transport to recommend decisions to Cabinet.
9. The Minister of Transport has identified the importance of an inclusive governance structure for the project and where Auckland Council is appropriately represented. To that end, membership of the Establishment Unit Board will include Auckland Council’s Chief Executive, a local board member and iwi.
Tauākī whakaaweawe āhuarangi
Climate impact statement
10. The presence of the Mayor and Deputy Mayor on the sponsors group for Auckland Light Rail has no climate impacts. However, the project itself will have long-term implications for Auckland’s carbon emissions and will have a role in giving effect to Te Tāruke a Tāwhiri. Because the route and mode is not yet determined, it is too early to understand the exact extent of the climate impacts from the project.
Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
11. The presence of the Mayor and Deputy Mayor on the sponsors group for Auckland Light Rail does not require any assessment of views or impacts on the council group.
Ngā whakaaweawe ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
12. The presence of the Mayor and Deputy Mayor on the sponsors group for Auckland Light Rail does not require any assessment of views or impacts on local boards.
13. As noted earlier in the paper, the Minister has offered a place on the Establishment Unit Board for a local board member. Staff are working with ministry officials on the logistics of obtaining this representation and once the Independent Chair is appointed, staff expect more clarity on the timing and process for this.
Tauākī whakaaweawe Māori
Māori impact statement
14. The presence of the Mayor and Deputy Mayor on the sponsors group for Auckland Light Rail does not impact Māori to any greater degree than any other person in Auckland.
15. The Minister has made it clear that as part of the inclusive governance structure iwi will have a governance role on the Establishment Unit Board.
Ngā ritenga ā-pūtea
Financial implications
16. There are no direct or indirect financial implications from the Mayor and Deputy Mayor being part of the sponsors group.
17. There is $1.8b allocated within the Auckland Transport Alignment Programme for seed funding for City Centre to Māngere and Northwest rapid transit. The final costs and funding implications for City Centre to Māngere will be known once Cabinet has made decisions on the mode, route and delivery entity.
Ngā raru tūpono me ngā whakamaurutanga
Risks and mitigations
18. There are no risks associated with the Mayor and Deputy Mayor being sponsors of this project.
Ngā koringa ā-muri
Next steps
19. Once the independent Chair has been announced, next steps for the project and involvement of Auckland Council representatives on the Establishment Unit Board will be provided.
Attachments
No. |
Title |
Page |
a⇩ |
Minister of Transport's Auckland Light Rail media release 31 March 2021 |
109 |
b⇩ |
Auckland Light Rail outcomes and work programme - Minister of Transport |
111 |
Ngā kaihaina
Signatories
Author |
Megan Tyler - Chief of Strategy |
Authoriser |
Jim Stabback - Chief Executive |
29 April 2021 |
|
Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 29 April 2021
File No.: CP2021/02237
Te take mō te pūrongo
Purpose of the report
1. To note the progress on the forward work programme appended as Attachment A.
2. To receive a summary and provide a public record of memoranda, workshop and briefing papers that may have been held or been distributed to Governing Body members.
Whakarāpopototanga matua
Executive summary
3. This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/workshops and briefings or other means, where no decisions are required.
4. The following workshops/briefings have taken place:
Date |
Workshop/Briefing |
17/3/21 |
Governing Body Mana Whenua Have Your Say Event (10-year Budget 2021-2031) |
29/3/21 |
Operating Model: CONFIDENTIAL |
31/3/21 |
Governance Framework Review |
31/3/21 |
Three Waters Reform: CONFIDENTIAL |
12/4/21 |
Independent Review of health and safety at Ports of Auckland Limited |
20/4/21 |
City Rail Link Limited: CONFIDENTIAL |
5. These documents can be found on the Auckland Council website, at the following link:
http://infocouncil.aucklandcouncil.govt.nz/
o at the top left of the page, select meeting/Te hui “Governing Body” from the drop-down tab and click “View”;
o under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.
6. Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary. Governing Body members should direct any questions to the authors.
Recommendation/s That the Governing Body: a) note the progress on the forward work programme appended as Attachment A of the agenda report b) receive the Summary of Governing Body information memoranda, workshops and briefings – 29 April 2021.
|
Attachments
No. |
Title |
Page |
a⇩ |
Forward Work Programme |
115 |
Workshop Notes: Governing Body Mana Whenua Have Your Say Event (10-year Budget 2021-2031) (Under Separate Cover) |
|
|
Workshop Notes: Governance Framework Review (Under Separate Cover) |
|
|
Workshop Notes: Independent Review of health and safety at Ports of Auckland Limited (Under Separate Cover) |
|
Ngā kaihaina
Signatories
Author |
Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors |
Authoriser |
Jim Stabback - Chief Executive |
Governing Body 29 April 2021 |
|
Tira
Kāwana / Governing Body The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee. The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference |
Area of work and Lead Department |
Reason for work |
Committee role (decision and/or direction) |
Expected timeframes Highlight the month(s) this is expected to come to committee in 2021 |
|||||||||||
Jan |
Feb |
Mar |
Apr |
May |
Jun |
Jul |
Aug |
Sep |
Oct |
Nov |
Dec |
|||
Chief Executive’s Performance Objectives |
The Appointments and Performance Review Committee has the delegation to recommend performance objectives. The Governing Body must then consider the recommendations and make a decision. |
Decision to approve performance objectives
Progress to date: Setting the Chief Executives 2020/2021 performance
objectives – Open Process Report 26 November 2020 Update Report on workforce and full-time equivalents CONFIDENTIAL 25 March 2021 |
|
|
|
|
|
|
|
New Objectives |
|
Review FY21/22 |
|
|
City Rail Link |
Construction of the City Rail Link in the central city |
Decisions to approve matter associated with City Rail Link Decisions to note any matters raised by the Audit and Risk Committee about the project
Progress to date: Appointments
to board of City Rail Link 25 June 2020 Report on
shareholder approval of major transaction 27 August 2020 |
As and when required |
|||||||||||
Review of council- controlled organisations |
Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations |
Decision on appointment of a council-controlled organisations review panel Consider draft report on the key issues, feedback from the community and stakeholders Decision on final report and recommendations
Progress to date: 11 August 2020 – Confidential Workshop 19 August 2020 – Confidential Workshop Decision
on the CCO Review 27 August 2020 Report
and proposal to merge Auckland Tourism, Events and Economic Development
(ATEED) and Regional Facilities Auckland (RFA) 27 August 2020 |
|
|
|
|
|
|
|
|
|
|
|
|
10-year Budget (Long-term Plan) |
Statutory requirement |
Decision to approve consultation documents, supporting information and process prior to consultation Decision to adopt the 10-year Budget (Long-term Plan)
Progress to date: Various workshops being held January 2021 – June 2021 Agree
items for consultation 9 December 2020 Agree
other items for consultation 9 December 2020 Agree
changes to urban rating and rating of farm and lifestyle properties for
consultation 9 December 2020 Agree
other Rates and Fees Issues for consultation 9 December 2020 Agree to
consult on Paremoremo Public Transport Targeted Rate 18 February 2021 Agree to
consult on amendments to the Revenue and Financing Policy 18 February 2021 Adopt consultation
material 18 February 2021 Adopt Communications and Engagement Plan 18 February 2021 |
|
Consultation documents |
|
|
|
Adoption |
|
|
|
|
|
|
Annual Report |
Statutory requirement |
Decision to adopt the Annual Report |
|
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|
|
|
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|
|
Adoption |
|
|
Committee Forward Work Programmes |
Responsibility for oversight of work programmes of all committee of the Governing Body. |
Decisions to note that all committee have adopted a forward work programme |
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|
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|
|
Review of Code of Conduct |
The experience of working with the current Code of Conduct indicates that it could be further improved. In particular, it could be clearer about complaint, investigation and resolution processes, as well as available sanctions |
Decision to adopt new Elected Members Code of Conduct
Progress to date: Scope of
the Review Report 26 November 2020 |
|
|
|
|
Adoption |
|
|
|
|
|
|
|
Terms of Reference |
The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels. Any changes to the Terms of Reference must be done by the Governing Body. |
Decision to adopt the Terms of Reference Decision to adopt changes to Terms of Reference
Progress to date: Terms of
Reference approved November 2019 Terms of
Reference amended to include working parties November 2019 Terms of
Reference amended to include the Emergency Committee March 2020 |
As and when required |
|||||||||||
Standing Orders |
Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27 Originally adopted 16/12/2010 |
Decision to amend standing orders
Progress to date: Change in
light of COVID-19 March 2020 Change
for Attendance by Electronic Link 25 June 2020
|
As and when required |
|||||||||||
Tūpuna Maunga o Tāmaki Makaurau Operations Plan |
Section 60 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority) and Auckland Council to annually agree an operational plan as part of the annual or long-term plan process. This requires the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan). The Governing Body is also required to adopt the final plan. |
Decision to adopt Operations Plan and summary
Progress to date: Adopt
DRAFT Operational Plan and Summary for consultation 9 December 2020
|
|
Consultation |
|
|
|
Adoption |
|
|
|
|
|
|
Health, Safety and Wellbeing |
The Governing Body has the role of the person or organisation conducting a business or undertaking. |
Decision to receive quarterly Health, Safety and Wellbeing report
Progress to date: Report
for December 2020 to Audit and Risk Committee 8 December 2020 Report
for March 2021 to Audit and Risk Committee 25 March 2021 |
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|
Alcohol Control Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Progress to date: Statement
of Proposal 24 September 2020 |
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|
|
Recommendation |
|
|
|
|
|
|
|
|
Animal Management Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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Recommendation |
|
|
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|
Cemeteries and Crematoria Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Progress to date: Statement
of Proposal 24 September 2020 Approve panel recommendations and adopt
amended bylaw 25 February 2021
|
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|
Recommendation |
|
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|
Construction Bylaw 2015 |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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|
Options |
|
Freedom Camping in Vehicles |
Explore the need for and options for regulating freedom camping in Auckland Regulatory response may be required following completion of research and pilot |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Progress to Date: Report on
next steps 25 March 2021
|
|
|
Direction |
|
|
|
|
|
|
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|
|
Navigation Safety Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Progress to Date: Approve
statement of proposal 29 October 2020
|
|
|
|
|
Recommendation |
Recommendation |
|
|
|
|
|
|
Property Maintenance Nuisance Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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|
Recommendation |
|
Signage Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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Proposal |
|
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Stormwater Bylaw |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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|
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|
Proposal |
|
|
|
|
Trading and Events Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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|
Proposal |
|
|
|
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|
Traffic Bylaw Review |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended. No decision required until 2022. |
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Water Supply and Wastewater Network Bylaw 2015 |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
Progress to Date: Approve
statement of proposal 25 February 2021
|
|
Proposal |
|
|
|
|
|
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Wharves Bylaw 2015 |
Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
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|
Options |
|
Auckland Council Top Risk Register |
The Audit and Risk Committee will refer the risk register to the Governing Body every quarter. |
Decision to note the top risk register and risk heat map Decision to receive quarterly reports
Progress to Date: Enterprise
Risk Update – February 2021 25 March 2021 |
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|
Te Tiriti o Waitangi / Treaty of Waitangi |
The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views. The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body. |
Decision to approve submissions to the Crown as and when required Decision to approve establishment and on-going implementation of co-management and other governance arrangements |
As and when required |
|||||||||||
Governance Framework Review |
The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards |
Decisions on Joint Governance Working Party recommendations Decisions on Service Levels and Funding Decisions on Governance Framework Review implementation as required |
As and when required |
|||||||||||
National Three Waters Programme |
The Minister of Local Government recently established a joint central-local government steering committee to provide oversight and guidance to support the reform, and to assist in engaging with local government, iwi/Māori, and other water sector stakeholders on options and proposals. |
Decision to opt in to the first stage of the national three waters reform programmes
Progress to Date: Report
and decision on opt in 27 August 2020 |
|
|
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|
|
Initial Stage |
|
|
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|
|
Independent Review of Health and Safety at Port of Auckland |
On 14 September 2020 the mayor announced that Auckland Council, as Ports of Auckland’s sole shareholder, would initiate an independent review of health and safety at Ports of Auckland The proposed focus of the council’s independent review is to assess and comment on Ports of Auckland’s management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland. |
Decision to agree Terms of Reference. Consider independent review. Ports of Auckland Limited will present progress to implement the CHASNZ report recommendations in July and October 2021.
Progress to Date: Report to
agree Terms of Reference for the review 24 September 2020 Workshop held 12 April 2021 |
|
|
|
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|
|
Report from POAL |
|
|
Report from POAL |
|
|
Maori Outcomes Performance Measurement Framework |
|
Decision to agree to finalise the framework.
|
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Completed
Lead Department |
Area of work |
Committee role (decision and/or direction) |
Decision |
Environmental Services |
Ark in the Park |
Decision to appoint GB representatives to Ark in the Park. |
Appointment of councillor representatives February
2020 |
Democracy Services |
Local government elections Evaluation of 2019 election and preparation for 2022 election |
Consider evaluation report of 2019 election Decision on submission to Justice Select Committee Inquiry into 2019 election Decision on voting system for the 2022 election and whether to establish Māori wards
|
Decision on evaluation and Māori wards February
2020 Decision on submission in Inquiry into 2019 election
February 2020
|
Community and Social Policy |
Food Safety Information Bylaw Review Legislative requirement to review the bylaw and policy after five years. |
Decision to approve statement of proposal # Decision to Make/Amend/Revoke the bylaw # public notification is required for bylaw reviews even if no change to the bylaw is recommended.
|
Adoption of Food Safety Information Bylaw Review 30
April 2020 |
Finance |
Emergency Budget/ Annual Budget (Annual Plan) Statutory requirement |
Decision to approve consultation documents, supporting information and process prior to consultation Decision to adopt Emergency Budget
|
Decision on Emergency Budget and consultation given
COVID-19 – 16 April 2020 in confidential and released on 7 May 2020 Decisions on Emergency Budget
and consultation Decisions on Emergency Budget
feedback Final adoption of Emergency
Budget |
Democracy Services |
Elected members expense policy |
Responsibility to adopt expense policy rules for Remuneration Authority approval |
Adoption of policy 30 July 2020 |
People and Performance |
Appointment of Chief Executive |
Statutory requirement |
Decision to appoint a new chief executive June 2020 in confidential Chief Executive appointed July
2020
|
|
Water Strategy |
Monitoring drought situation.
|
Update from Watercare 25 June 2020 Update on water matters from Auckland Council 25 June
2020 Drought Restrictions Summer 2020/2021 24 September
2020 Review of Drought Restrictions for the 2020/2021
summer season 26 November 2020 Going forward this subject will be dealt with at the Environment and Climate Change Committee. |
|
Americas Cup 2021 |
Locations, infrastructure and funding |
Decisions to approve locations, infrastructure and funding Last decision December 2018. |
[1] Alcohol bans are made by relevant authorities, for example the Governing Body, Regulatory Committee, local boards and the Auckland Domain Committee.
[2] Findings report (REG/2019/19) and Options report (REG/2019/28).
[3] Councillors Josephine Bartley (Chair), Cathy Casey, and Independent Māori Statutory Board Member Glenn Wilcox.
[4] Council’s Events Policy defines major events, including that they have a regional, national and international profile.
[5] Sections 82(1)(e), 82(1)(f), 83(3), 147A(1)(a) and 155 of the Local Government Act 2002 and sections 46 and 47 of the Local Government Official Information and Meetings Act 1987.
[6] An official route for event attendees to walk to an event venue.
[7] A new Mount Eden Train Station will be developed as part of the City Rail Link.
[8] Albert-Eden, Māngere-Ōtāhuhu and Waitematā Local Boards.