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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday 15 April 2021

2.00pm

Council Chamber
Orewa Service Centre
50 Centreway Road
Orewa

 

Hibiscus and Bays Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Gary Brown

 

Deputy Chairperson

Victoria Short

 

Members

Andy Dunn

 

 

Janet Fitzgerald, JP

 

 

Gary Holmes

 

 

Julia Parfitt, JP

 

 

Alexis Poppelbaum

 

 

Leanne Willis

 

 

(Quorum 4 members)

 

 

 

Gemma Kaldesic

Democracy Advisor

 

12 April 2021

 

Contact Telephone: 02 152 7397

Email: gemma.kaldesic@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Hibiscus and Bays Local Board

15 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                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

9          Public Forum                                                                                                                  5

10        Extraordinary Business                                                                                                5

11        Statement of proposal to amend the Animal Management Bylaw and controls    7

12        Auckland Transport - Regional Land Transport Programme 2021                        21

13        Proposal to make a new Public Trading and Events Bylaw                                   35

14        Public feedback on proposal to make new navigation rules                                  41

15        Draft Statement of Expectations for Council-controlled Organisations               47

16        Proposal to vary the Regional Fuel Tax scheme                                                     63

17        Review of the Code of Conduct - draft revised code                                               69

18        Auckland Council's Performance Report: Hibiscus and Bays Local Board for November 2020 to February 2021                                                                              75

19        Addition to the 2021-2022 Hibiscus and Bays Local Board meeting schedule   89

20        Governance forward work calendar                                                                          93

21        Hibiscus and Bays Local Board workshop records                                                97

22        Consideration of Extraordinary Items

PUBLIC EXCLUDED

23        Procedural Motion to Exclude the Public                                                               103

C1       PROPOSED ACQUISITION OF LAND                                                                      103


1          Welcome

 

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

 

4          Confirmation of Minutes

 

That the Hibiscus and Bays Local Board:

a)         confirm the ordinary minutes of its meeting held on Thursday 18 March 2021 as a true and correct record.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Hibiscus and Bays 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.”


Hibiscus and Bays Local Board

15 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02942

 

  

 

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 (Attachment A).

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 (see Attachment B). 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 (REG/2020/78) directed staff to address some but not all views provided (see Attachment C).

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 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 (Under Separate Cover)

 

b

Attachment B - Previous Local Board Views

13

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements

19

      

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

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Hibiscus and Bays Local Board

15 April 2021

 

 

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Hibiscus and Bays Local Board

15 April 2021

 

 

Auckland Transport - Regional Land Transport Programme 2021

File No.: CP2021/03979

 

  

 

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 provide an opportunity for the local board to resolve feedback for the attention of 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 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 Hibiscus and Bays 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 Plan (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 RTC seeks the views of Auckland’s elected representatives through the Governing Body. The AT Board is responsible for the final approving 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 AT is not a party to ATAP discussions but that the direction expressed in this document is a key driver for outcomes in the RLTP. Likewise, the LTP sets funding levels for key programmes in the RLTP, such as the Local Board Transport Capital Fund.

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

·     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 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 per cent of the available funding from 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 deferring of many important projects. 

12.     At its meeting on 11 March, the Planning Committee unanimously endorsed the draft RLTP.  ATAP itself was released on Friday 12 March. The 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 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 $20M per annum for the next ten years. On this basis the proposed RLTP includes $200M for Local Board initiatives. However, it should be noted that this is contingent on the Mayor’s proposed rates increase of 5 per cent.

17.     The below table summarises projects that are planned to be delivered in the Hibiscus and Bays Local Board area and surrounding areas and could be of benefit to residents from Hibiscus and Bays.

#

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 table summarises projects within larger programmes, that are planned to be delivered in the Hibiscus and Bays Local Board area and surrounding areas and could be of benefit to residents from Hibiscus and Bays.

 

#

Project from a Programme

Underlying Programme

6

Hibiscus Coast Highway (Hatfields Bridge to Waiwera Road)

Safety (AT)

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 summarises projects being delivered by Waka Kotahi that are planned to be delivered in the Hibiscus and Bays Local Board area and surrounding areas and could be of benefit to residents from Hibiscus and Bays.

 

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

Our town centers are welcoming, clean, sustainable and easily accessible with plans for the future.

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.

Proactively identify the needs of our communities and plan for sustainable growth

This RLTP includes funding for:

·        Delivery of specific projects in the North to support and enable growth in Wainui (Wainui Improvements), Warkworth (Matakana Link Road) Huapai, and Hobsonville (Scott Point).

·        Over $325 million for greenfield transport infrastructure projects in the Northwest, which targets key infrastructure to support future bus operations along with route protection and property acquisitions for bus access along prospective transport corridors.

·        The Supporting Growth Alliance, which is progressing investigation and route protection activities for the transport networks required to support Auckland’s Warkworth, Northern, Northwest and Southern growth areas.

Deliver Penlink

Provision of a new tolled connection, funded through the New Zealand Upgrade Programme, between the Northern Motorway and Whangaparaoa Peninsula. The project will relieve pressure on the constrained SH1 Silverdale Interchange, support development in Auckland’s northern growth area, enable the implementation of dedicated bus lanes on the Twin Coast Discovery Highway, and provide significant time savings for people living on the Whangaparaoa Peninsula.

Improve walking and cycling routes

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.

Glenvar Road / East Coast Road Improvements: will include new improved walking and cycling facilities to support the Long Bay Development area.

Improve connectivity through better travel options and safer intersections

Glenvar Road / East Coast Road Improvements: new transit lanes along East Coast Road, intersection upgrades, and new improved walking and cycling facilities to support the Long Bay Development area, improve network productivity, lead to reduced emissions and improve safety.

Safety improvements on Hibiscus Coast Highway (Hatfields Bridge to Waiwera road).

Extensions to the Northern Busway will also benefit this local board area.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22.    The approach set out in the RLTP conforms with the direction expressed by Council through the 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 sector.

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 as part of the development of the RLTP. The opportunity for local boards to express their views on the RLTP has included:

·        Chair’s Forum on the 15 February 2021

·        A workshop with the Hibiscus and Bays Local Board on the 23 March 2021

·        Highlighting the opportunities for local board feedback to the Governing Body.

Tauākī whakaaweawe Māori

Māori impact statement

27.     Iwi and mataa waka have been engaged through AT’s Maori engagement team.

Ngā ritenga ā-pūtea

Financial implications

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

29.     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

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

Ngā koringa ā-muri

Next steps

31.     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

Attachment A RLTP Local board feedback sheet

29

     

Ngā kaihaina

Signatories

Author

Ben Halliwell – Elected Member Relationship Manager, Auckland Transport

Authorisers

Louise Mason – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

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Hibiscus and Bays Local Board

15 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03202

 

  

 

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

·    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 Hibiscus and Bays 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 (Attachment A). 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 local 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 (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 (Under Separate Cover)

 

     

 

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03333

 

  

 

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 Hibiscus and Bays 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 recommendation 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 recommendation 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, 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 23 people and one organisation from the local board area provided feedback to the proposal via online and email feedback. There was majority support for Proposals two to eight and split support for Proposal one, 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).

57 per cent (13/23 people)

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

78 per cent (18/23 submitters)

70 per cent

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

87 per cent (20/23 submitters)

85 per cent

4a:   Make new rules for the Tamaki River Entrance

74 per cent (17/23 submitters)

69 per cent

4b:   Make new rules for the Commercial Port Area

87 per cent (20/23 submitters)

75 per cent

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

76 per cent (16/21 submitters)

71 per cent

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

85 per cent (17/20 submitters)

77 per cent

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

73 per cent (16/22 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

85 per cent (17/20 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 requiring an extra form of communication and 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 (Under Separate Cover)

 

b

Public feedback from people in the Hibiscus and Bays Local Board area (Under Separate Cover)

 

c

Operational and non-bylaw-related feedback (Under Separate Cover)

 

d

Draft Bylaw Panel deliberations report (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Bayllee Vyle - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/03610

 

  

 

 

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 Council-controlled Organisations 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 Council-controlled Organisations should undertake their business, as compared to the Accountability Policy contained in the Long-term Plan, which focusses on what Council-controlled Organisations 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.  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 Council Controlled Organisations must act consistently

·   other expectations

5.       The Statement of Expectations contains a number of elements which previously were in the Accountability Policy. Therefore, there is some urgency for an initial Statement of Expectations to be confirmed around the same time as the Ten Year Budget/Long-term Plan so that those expectations on Council-controlled Organisations 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 Council-controlled Organisations obligations to local boards within that.

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

 

 

 

 

 

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

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

Horopaki

Context

7.       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

8.       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. 

9.       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. 

10.     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. 

11.     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.

12.     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.

13.     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.

14.     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.

15.     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.

16.     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 2021, and in subsequent iterations. 

17.     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

18.     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

19.     Due to timing imperatives, CCO Boards will be asked to consider the draft at the same time as local board 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

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

21.     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

22.     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. 

23.     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

24.     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 and therefore has no financial implications at this time.  

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25.     The key risk is that the Statement of Expectations is not approved when it is considered by CCO Oversight Committee in June 2021. 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 2021 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

26.     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. 

27.     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.

28.     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

53

     

Ngā kaihaina

Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager – Council Controlled Organisation Governance & External Partnerships

Louise Mason – General Manager Local Board Services

 


Hibiscus and Bays Local Board

15 April 2021

 

 

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Hibiscus and Bays Local Board

15 April 2021

 

 

Proposal to vary the Regional Fuel Tax scheme

File No.: CP2021/03638

 

  

 

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 Regional Fuel Tax 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 Regional Fuel Tax scheme.

4.       There is no proposal to alter the level of the Regional Fuel Tax, 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 Auckland Transport Alignment Project and Regional Land Transport Plan processes. The allocation of projects within the Regional Land Transport Plan to the Regional Fuel Tax programme is a key step to support implementation.

6.       The draft proposal to vary the Regional Fuel Tax 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 Regional Land Transport Plan. 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 Hibiscus and Bays 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 2018 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 10 cents 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 LTMA 2003. 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

Proposed variation to the scheme

34.     Given the changes discussed above (government funding and ATAP update) and the fact that local board views were captured for the original 2018 scheme, the council seeks local board views on the proposed variation. 

35.     The proposed variation of the scheme is led by the work on the updated ATAP indicative package and the draft RLTP.

36.     It is not proposed that there is any change to:

·        the rate of the RFT

·        the period of the scheme

·        the area subject to the scheme.

37.     Despite the fact that the scheme does not run to the end of the new 10-year budget, it is not proposed that the council looks to extend the scheme. This is primarily because work continues on the Congestion Question project which is investigating different road pricing options that could replace the RFT in the future.

38.     It is proposed that the scheme maintains the same 14 projects (with the special consideration of Penlink and Mill Road staying in the scheme without additional allocation of RFT due to a change in delivery and funding management) but that changes are made to:

·        the descriptions of projects, identified initiatives within them, and projected benefits, to reflect any changes in scope

·        the level of projected total expenditure and indicative RFT contribution to each project to reflect where new funding has become available or where project costings have been updated

·        the timing of projects following decisions made through the development of the draft RLTP

·        the naming of one project where it is proposed that Downtown Ferry Redevelopment is renamed Ferry Network Improvements to reflect the incorporation of initiatives to purchase new electric ferries to help decarbonise the public transport fleet.

39.     It has been assessed that these changes constitute a change to a material aspect of the programme of capital projects supported by the RFT scheme and therefore, the council must prepare a proposal to vary the scheme, pursuant to section 65G(1)(a) of the LTMA.

 

Consultation

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

42.     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.

43.     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

44.     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

45.     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

46.     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.

47.     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

48.     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.

49.     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.

50.     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

51.     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

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

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

54.     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 (Under Separate Cover)

 

b

Proposal for a Regional Fuel Tax (2018) (Under Separate Cover)

 

     

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 – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/03993

 

  

 

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 of the code of conduct 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 of the code of conduct 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 Hibiscus and Bays Local Board:

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

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

 

Horopaki

Context

7.       In October and November 2020, presentations on the review of the draft Auckland Council Code of Conduct (draft 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 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 local 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 draft 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 draft 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 of conduct 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 of conduct 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 draft 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 draft 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 (Under Separate Cover)

 

b

Draft Code of Conduct - attachments for local boards (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

Auckland Council's Performance Report: Hibiscus and Bays Local Board for November 2020 to February 2021

File No.: CP2021/03982

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Hibiscus and Bays Local Board with an integrated performance report for November 2020 to February 2021.

Whakarāpopototanga matua

Executive summary

2.       This report includes 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 this period are:

·        East Coast Bays Library - comprehensive renewal (ID 2880) renewal works started

·        Pacific Parade Steps – install western staircase (ID 3015) physical works started

·        Hibiscus and Bays Local Parks Management Plan (1649) hearings complete

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

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

6.       Overall, the net operational financial performance of the board is tracking at 91 percent against revised budget to date. Revenue is slightly below budget for the year to date and is likely to be on target for the full financial year.  From the local boards’ Locally Driven Initiatives (LDI) funding, the majority of projects are underway and on track to be completed during the year.  Capital projects underway or completed include delivering ecological management plan initiatives, comprehensive renewals at East Coast Bays Library, rebuilding the toilet block at Rock Isle Beach Reserve, works at 12 Hibiscus Coast Highway in Silverdale, and Metropark West reserve development.

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

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

 

Horopaki

Context

7.       The Hibiscus and Bays Local Board has an approved 2020/2021 work programme for the following operating departments:

·        Arts, Community and Events;

·        Parks, Sport and Recreation;

·        Libraries and Information;

·        Community Services: Service, Strategy and Integration; (Now part of Connected Communities department)

·        Community Facilities: Build Maintain Renew;

·        Community Leases;

·        Infrastructure and Environmental Services;

·        Plans and Places;

·        Local Economic Development, Auckland Unlimited (formerly ATEED).

8.       Since the work programmes were approved the Customer and Communities Services directorate has been formed. Two new departments were created - Connected Communities and Regional Service Planning, Investment and Partnerships, and the Southern Initiative and Western Initiative moved into the directorate as a new department - Community and Social Innovation. Units from the previous departments Arts, Community and Events; Libraries and Information; and Service, Strategy and Integration were incorporated into the three new departments. The table below shows the distribution

Table 1: Changes to Departments in Customer and Communities Services directorate

Previous Department - Unit

Current Department - Unit

Arts, Community and Events - Community Places

Connected Communities – Community Places

Arts, Community and Events - Community Empowerment

Connected Communities – Community Empowerment

Arts, Community and Events - Community Empowerment (Youth)

Community and Social Innovation – Youth Empowerment

Arts, Community and Events - Arts & Culture

Regional Service Planning, Investment and Partnerships – Arts & Culture

Arts, Community and Events - Events

Regional Service Planning, Investment and Partnerships – Events

Service, Strategy and Integration

Regional Service Planning, Investment and Partnerships – Service and Asset Planning

Libraries

Connected Communities – Libraries

The Southern Initiative

Community and Social Innovation – The Southern Initiative

The Western Initiative

Community and Social Innovation – The Western Initiative

 

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

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

10.     The graph below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber), and activities that have significant issues (red) and activities that have been cancelled/deferred/merged (grey).

            Graph 2: Work programme by RAG status

11.     The graph below shows the activity status of activities which shows the stage of the activity in each departments the work programmes. The number of activity lines differ by department as approved in the local board work programmes. 

Graph 3: Work programme by activity status and department

 

Key activity updates

12.     East Coast Bays Library - comprehensive renewal (ID 2880) Long awaited upgrade of this community facility is underway.

13.     Pacific Parade Steps – install western staircase (ID 3015) the physical works to reinstate these stairs following storm damage have commenced with estimated completion date of May 2021.

14.     Hibiscus and Bays Local Parks Management Plan (formerly HB reserves: Review Reserve Management Plans in 17/18 WP) (ID 1649) Hearings and deliberations have completed for this plan. Report is due in Quarter 4

Activities on hold

15.     The following work programme activities have been identified by operating departments as on hold:

·        Hibiscus and Bays – deliver Centre Plan improvements (ID 2520). Awaiting alignment of projects from Auckland Transport (AT) that share the location. Detailed design will commence once confirmation of AT budget is received and collaboration agreed upon.

·        Hibiscus and Bays – deliver Greenway Plan – Nukumea Path Walkway/Cycleway (ID 2521). Alternative Greenways routes awaiting identification from Local Board.

Changes to the local board work programme

Deferred activities

16.     These activities are deferred from the 2020/2021 work programme:

·        12 Hibiscus Coast Highway, Silverdale – renew facility (ID 2506) awaiting direction following strategic assessment on Community Facility Provision in Silverdale/Millwater area. Deferred to financial year 2023

·        Kohu Street to Marine View, Orewa Beach - renew northern seawall (ID 2474) due to emergency budget, funding has been deferred for the current 2021 financial year.

 

 

 

Cancelled activities

17.     These activities are cancelled:

·        Metro Park East: Metro Park Community Sports and Charitable Trust (ID 240) Cancelled in Quarter One.

·        Browns Bay Village Green: East Coast Bays Community Creche (ID 2021) increased lease area will be revised and included in the Reserve Management Plan currently being developed. Item cancelled in Quarter 2.

Activities merged with other activities for delivery

18.     These activities have been merged with other activities for efficient delivery:

·        Awaruku Reserve - renew pathways & walkways (ID 2574) merged as project is no longer required as works were completed

Activities with changes

19.     The following work programmes activities have changes which been formally approved by the board.

Table 2: Work programmes change formally approved by the board

ID/Ref

Work Programme Name

Activity Name

Summary of Change

Resolution number

2880

Community Facilities: Build Maintain Renew

East Coast Bays Library - comprehensive renewal

Stage one and two works all to be completed during the library shut down from March –July 2021. In order to complete the works an additional $550,000 is required to be pulled forward from the next three-year work programme.

HB/2021/1

 

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

Table 3: Minor change to the local board work programmes

ID/Ref

Work Programme Name

Activity Name

Change

Reason for change

Budget Implications

3349

Community Facilities: Build Maintain Renew

Huntly Road Reserve - renew bridge

amendment

Project has been tendered and has come in slightly above budget. An additional $5,000 is required to complete the project. This overspend can be covered from savings in other projects.

$5,000

 

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

24.     This report informs the Hibiscus and Bays Local Board of the performance for November 2020 to February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

25.     Te Kete Rukuruku (Māori naming of parks and places) tranche one (ID 2232) Names to be submitted during Autumn, and signage in D’Oyly Reserve in May/June

26.     Whakatipu i te reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori - Hibiscus and Bays (ID 1322) Sessions on early Māori settlement in Long Bay/Okura and Māori in WW2

27.     Māori responsiveness Hibiscus and Bays  (ID 690) Staff are working in a cluster approach with local board services, Upper Harbour and Rodney staff to build relationships between mana whenua and iwi and the local board and staff. Opportunities and funding expected to be confirmed in the period March to June 2021

Ngā ritenga ā-pūtea

Financial implications

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

Financial Performance

29.     The overall operating result for the first eight months of the year is one per cent below the budget due to higher revenue and lower expenditure.  Revenue is above budget by nine per cent while expenditure is two percent below budget overall. Asset based services expenditure has continued with some disruptions caused by COVID-19 restrictions. In Locally Driven Initiatives expenditure is below budget by 21 per cent. Capital expenditure delivery is below the budget by 40 per cent and mainly focussed on local asset renewals.

Financial comments

·    Operating expenditure relating to Asset Based Services (ABS) is tracking below budget by $1.0 million for the year to date, while the LDI operational projects are currently $227,000 below budget. 

·    Capital spend of $2.1 million represents investments in delivering ecological management plan initiatives, comprehensive renewals at East Coast Bays Library, rebuilding the toilet block at Rock Isle Beach Reserve, works at 12 Hibiscus Coast Highway in Silverdale, and Metropark West reserve development.

·    The complete Hibiscus and Bays Local Board Financial Performance report can be found in Appendix B.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

30.     While the risk of non-delivery of the entire work programme is rare, the likelihood for risk relating to individual activities does vary. Capital projects for instance, are susceptible to more risk as on-time and on-budget delivery is dependent on weather conditions, approvals (e.g. building consents) and is susceptible to market conditions.

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

Ngā koringa ā-muri

Next steps

32.     The local board will receive the next performance update for March 2021 to June 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A HBLB Nov - Feb 2021  Work Programme Update (Under Separate Cover)

 

b

Attachment B HBLB Quarterly Performance Report Feb 2021 - Financial Appendix

83

     

Ngā kaihaina

Signatories

Author

Matthew Kerr – Senior Local Board Advisor, Hibiscus and Bays Local Board

Authorisers

Louise Mason – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

PDF Creator

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Hibiscus and Bays Local Board

15 April 2021

 

 

Addition to the 2021-2022 Hibiscus and Bays Local Board meeting schedule

File No.: CP2021/03416

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval for meeting dates to be added to the 2021-2022 Hibiscus and Bays Local Board meeting schedule in order to accommodate 10-year Budget 2021-2031 timeframes.

Whakarāpopototanga matua

Executive summary

2.       The Hibiscus and Bays Local Board Local Board adopted the 2021-2022 meeting schedule on 10 December 2020 (HB/2020/1).

3.       At that time the specific times and dates for meetings for local board decision making in relation to 10-year Budget 2021-2031 were unknown. 

4.       The local board is being asked to approve a meeting date as an addition to the 2021/2022 local board meeting schedule so that the 10-year Budget 2021-2031 timeframes can be met.

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      approve the addition of a meeting date to the 2021-2022 Hibiscus and Bays Local Board meeting schedule to accommodate 10-year Budget 2021-2031 timeframes for Wednesday 6 May 2021, 5.00pm at the Orewa Service Centre, 50 Centreway Road, Orewa

 

Horopaki

Context

5.       The Local Government Act 2002 (LGA) and the Local Government Official Information and Meetings Act 1987 (LGOIMA) have requirements regarding local board meeting schedules.

6.       In summary, adopting a meeting schedule helps meet the requirements of:

·    clause 19, Schedule 7 of the LGA on general provisions for meetings, which requires the chief executive to give notice in writing to each local board member of the time and place of meetings.  Such notification may be provided by the adoption of a schedule of business meetings.

·    sections 46, 46(A) and 47 in Part 7 of the LGOIMA, which requires that meetings are publicly notified, agendas and reports are available at least two working days before a meeting and that local board meetings are open to the public.

7.       The Hibiscus and Bays Local Board adopted its 2019-2020 business meeting schedule at its 10 December 2020 meeting.

8.       The timeframes for local board decision-making in relation to the 10-year Budget 2021-2031 were unavailable when the meeting schedule was originally adopted.

9.       The local board is being asked to make decisions in early-May to approve the 10-year Budget 2021-2031 consultation feedback and input process. These timeframes are outside the local board’s normal meeting cycle. 

Tātaritanga me ngā tohutohu

Analysis and advice

10.     The local board has two choices:

i)        add the meeting as an addition to the meeting schedule

or

ii)       add the meeting as an extraordinary meeting.

11.     For option one, statutory requirements allow enough time for these meetings to be scheduled as additions to the meeting schedule and other topics may be considered as per any other ordinary meeting. However, there is a risk that if the 10-Year Budget 2021-2031 timeframes change again or the information is not ready for the meeting there would need to be an additional extraordinary meeting scheduled anyway.

12.     For option two, only the specific topics (10-Year Budget 2021-2031) may be considered for which the meeting is being held. There is a risk that no other policies or plans with similar timeframes or running in relation to the 10-Year Budget 2021-2031 process could be considered at this meeting.

13.     Since there is enough time to meet statutory requirements, staff recommend option one, approving this meeting as an addition to the meeting schedule, as it allows more flexibility for the local board to consider a range of issues. This requires a decision of the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

14.     This decision is procedural in nature and any climate impacts will be negligible. The decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decision’s implementation.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15.     There is no specific impact for the council group from this report.

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

Local impacts and local board views

16.     This report requests the local board’s decision to schedule an additional meeting and consider whether to approve it as an extraordinary meeting or an addition to the meeting schedule.

Tauākī whakaaweawe Māori

Māori impact statement

17.     There is no specific impact for Māori arising from this report. Local boards work with Māori on projects and initiatives of shared interest.

Ngā ritenga ā-pūtea

Financial implications

18.     There are no financial implications in relation to this report apart from the standard costs associated with servicing a business meeting.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

19.     If the local board decides not to add this business meeting to their schedule this will cause a delay to the 10-Year Budget 2021-2031 process, which would result in the input of this local board not being able to be presented to the Governing Body for their consideration and inclusion in the Budget.

Ngā koringa ā-muri

Next steps

20.     Implement the processes associated with preparing for business meetings.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Gemma Kaldesic - Democracy Advisor

Authorisers

Louise Mason – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

Governance forward work calendar

File No.: CP2021/03958

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present to the Hibiscus and Bays Local Board with a governance forward work calendar.

Whakarāpopototanga matua

Executive summary

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

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

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

· clarifying what advice is required

· clarifying the rationale for reports.

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

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      receive the governance forward work calendar for April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Programme April 2021

95

     

Ngā kaihaina

Signatories

Author

Gemma Kaldesic - Democracy Advisor

Authorisers

Louise Mason – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

15 April 2021

 

 

Hibiscus and Bays Local Board workshop records

File No.: CP2021/03947

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       Attached are the Hibiscus and Bays Local Board workshop record for 11 and 25 March 2021.

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      note the workshop record for 11 and 25 March 2021.

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Workshop Record 11 March 2021

99

b

Workshop Record 25 March 2021

101

     

Ngā kaihaina

Signatories

Author

Gemma Kaldesic - Democracy Advisor

Authorisers

Louise Mason – General Manager Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

15 April 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

15 April 2021

 

 

PDF Creator 


Hibiscus and Bays Local Board

15 April 2021

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Hibiscus and Bays Local Board

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       PROPOSED ACQUISITION OF LAND

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(h) - The withholding of the information is necessary to enable the local authority to carry out, without prejudice or disadvantage, commercial activities.

In particular, the report contains

s7(2)(i) - The withholding of the information is necessary to enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

In particular, the report contains

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 



[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.