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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 20 April 2021

4.00pm

Te Atatū Peninsula Community Centre
Kotare Room
L2, 595 Te Atatū Road
Te Atatu Peninsula

 

Henderson-Massey Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Chris Carter

 

Deputy Chairperson

Dr Will Flavell

 

Members

Brenda Brady, JP

 

 

Peter Chan, JP

 

 

Matt Grey

 

 

Brooke Loader

 

 

Vanessa Neeson, JP

 

 

Ingrid Papau

 

 

(Quorum 4 members)

 

 

 

Brenda Railey

Democracy Advisor

 

15 April 2021

 

Contact Telephone: 021 820 781

Email: brenda.railey@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Henderson-Massey Local Board

20 April 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

8.1     Deputation: P & D Ereckson - Henderson Croquet Club lease                       5

8.2     Deputation: Andrea Robinson - Corban's historic wine depot                       6

8.3     Deputation: Big Street Bikers - Electric bikes                                                  6

9          Public Forum                                                                                                                  7

10        Extraordinary Business                                                                                                7

11        Ward Councillors' Update                                                                                             9

12        Chair's Report - April 2021                                                                                          11

13        Demolition of Blue/Tourist Flats at Tui Glen Reserve                                             13

14        Auckland Council’s Performance Report: Henderson-Massey Local Board for November 2020 to February 2021                                                                              29

15        Henderson-Massey Local Board Grants Programme 2021/2022                           87

16        Approval for a new public road name at 536 Don Buck Road, Massey                93

17        Approval for a new private road name at 64, 66, 68, 70, 72  and 74 Edmonton Road, Henderson                                                                                                                  101

18        Review of the Code of Conduct - draft revised code                                             107

19        Statement of proposal to amend the Animal Management Bylaw and controls 211

20        Proposal to make a new Public Trading and Events Bylaw                                 313

21        Public feedback on proposal to make new navigation rules                                395

22        Proposal to vary the Regional Fuel Tax (RFT) scheme                                         469

23        Draft Statement of Expectations for Council-controlled Organisations             523

24        Governance Forward Work Calendar                                                                      529

25        Confirmation of Workshop Records                                                                        533

26        Consideration of Extraordinary Items

 


1          Welcome

 

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

 

            The following are declared interests of elected members of the Henderson-Massey Local Board.

Member

Organisation

Position

Brenda Brady, JP

-        Safer West Community Trust

Trustee

Chris Carter

(Chair)

-        St Lazarus Trust

-        Waitemata District Health Board

-        Waitakere Badminton Club

Member

Member

Member

Peter Chan, JP

 

-        Cantonese Opera Society of NZ

-        Asian Leaders Forum

-        NZ-Hong Kong Business Association

-        NZ-China Business Association

-        Auckland Chinese Environment Protection Association (ACEPA)

-        Whau Coastal Walkway Trust

Member

Member

Member

Member

Advisor

 

Trustee

Matt Grey

-        West Auckland Youth Development Trust

-        Billy Graham Youth Foundation

Director

Board Member

Will Flavell

(Deputy Chairman)

-        Asia New Zealand Leadership Network

-        COMET

-        Te Atatū Tennis Club

-        Waitākere Literacy Board

Member

Employee

Board Member

Board Member

Brooke Loader

-         Waitakere Licensing Trust

-         Te Atatu Peninsula Business Association

-         Neighbourhood Support

-         Te Atatu Glendene Community Patrol

Member

Associate Member

Member

Volunteer

Vanessa Neeson

-        Village Green Quilters

-        Ranui Advisory Group

Member

Chairperson

Ingrid Papau

-        Liberty Impact Community Trust

-        #WeLoveTuvalu Community Trust

-        Liberty Church

-        Board of Trustees (Rutherford Primary School)

Board Member

Member

Member

Member

 


 

            Member appointments

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

External organisation

 

Leads

Alternate

Central Park Henderson Business Association

Brenda Brady and Brooke Loader

 

Heart of Te Atatu South

Brenda Brady and Brooke Loader

 

Massey Matters

Will Flavell and Peter Chan

 

Ranui Advisory Group

Vanessa Neeson (Chair) and Ingrid Papau

 

Te Atatu Peninsula Business Association

Peter Chan and Ingrid Papau

 

Waitakere Ethnic Board

Ingrid Papau and Peter Chan

 

Waitakere Healthlink

Peter Chan

Chris Carter

Te Whau Pathway Trust

Matt Grey and Brenda Brady

 

 

 

4          Confirmation of Minutes

 

That the Henderson-Massey Local Board:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 16 March 2021, as  true and correct.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

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

 


 

8.1       Deputation: P & D Ereckson - Henderson Croquet Club lease

Te take mō te pūrongo

Purpose of the report

1.       To receive a deputation from Pauline and David Ereckson.

Whakarāpopototanga matua

Executive summary

2.       Pauline Ereckson President and David Ereckson Club Captain will be in attendance to discuss the Henderson Croquet Club lease.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      receive the presentation on the Henderson Croquet Club lease and thank Pauline and David Ereckson for their attendance.

 

 

 

8.2       Deputation: Andrea Robinson - Corban's historic wine depot

Te take mō te pūrongo

Purpose of the report

1.       To receive a deputation from Andrea Robinson.

Whakarāpopototanga matua

Executive summary

2.       Corban’s historic wine depot near the railway line outside Corban Estate Arts Centre on Great North Road in Henderson was demolished in February after a car crashed into the building and left it in a state of collapse.

3.       Local resident, Andrea Robinson, will be in attendance to present her photos on the dismantling process of the historic wine depot.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      receive a photographic presentation on the demolition of the historic wine depot outside Corban Estate Arts Centre, Henderson and thank Andrea Robinson for her attendance.

 

 

 


 

8.3       Deputation: Big Street Bikers - Electric bikes

Te take mō te pūrongo

Purpose of the report

1.       To receive a deputation from Cleve Cameron and Sir Bob Harvey.

Whakarāpopototanga matua

Executive summary

2.       Cleve Cameron, Big Street Bikers Founder, and Sir Bob Harvey, Bike Ambassador and Advisor, will be in attendance to present on establishing a network of secure bike park and charging docks around the community.

3.       Big Street Bikers is a social enterprise on a mission to remove the barriers to active transport by establishing a nationwide network of secure park and charge docks.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      receive the presentation on establishing a network of secure bike park and charging docks around the community and thank Cleve Cameron and Sir Bob Harvey for their attendance.

 

 

 

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.”


Henderson-Massey Local Board

20 April 2021

 

 

Ward Councillors' Update

File No.: CP2021/03292

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive a verbal update from the Waitākere Ward Councillors.

Whakarāpopototanga matua

Executive summary

2.       A period of 10 minutes has been set aside for the Waitākere Ward Councillors to have an opportunity to update the Henderson-Massey Local Board on regional matters.

 

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      thank Councillors Linda Cooper and Shane Henderson for their update.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Brenda Railey - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

Chair's Report - April 2021

 

File No.: CP2021/03293

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To provide an update on projects, meetings, and other initiatives relevant to the local board’s interests.

Whakarāpopototanga matua

Executive summary

2.       Board members are responsible for leading policy development in their areas of interest, proposing and developing project concepts, overseeing agreed projects within budgets, being active advocates, accessing and providing information and advice.

 

Ngā tūtohunga / Recommendation

That the Henderson-Massey Local Board:

a)      receive Chair Carter’s tabled report for April 2021.

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Authors

Brenda Railey - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

Demolition of Blue/Tourist Flats at Tui Glen Reserve

File No.: CP2021/02899

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval to demolish the Blue/Tourist Flats, a building in Tui Glen Reserve.

Whakarāpopototanga matua

Executive summary

2.       Tui Glen Motor Camp was established in the 1920’s by Claude Brooke and is reputed to be the first in New Zealand.

3.       The Blue/Tourist Flats at Tui Glen Reserve were built for tourist accommodation by the Brookes family in 1952 when the site was in private ownership.  Council purchased the site in the 1960’s and closed the motor camp in 2002.

4.       The Blue/Tourist Flats are in poor condition due to extensive fire damage. Additionally, there is no service need for the building and it has not been occupied for many years.  The building has been prone to vandalism for many years and is a safety risk for park users.

5.       Staff recommend demolition of the building and reinstating the area to lawn.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      approve the demolition of the Blue/Tourist Flats, Tui Glen Reserve and reinstatement of the area to lawn.

 

Horopaki

Context

Background and condition of building

6.       The Tui Glen Motor Camp was established on private land by Claude Brookes in the early 1920’s and is reputed to have been the first in New Zealand. Many cabins were built on the site over the years of the motor camp operation. The Blue/Tourist Flats were built for tourist accommodation in 1952, by the Brookes family.

7.       The motor camp was purchased by the council in the 1960’s. Wāitakere City Council closed the campground in 2002, and several heritage buildings were later restored and are used or remain closed.

8.       The Blue/Tourist Flats have not been used for many years and the building is now in poor condition. This is due to a fire which gutted the interior of the building approximately a decade ago. Since this event the building has been unoccupied. It is prone to ongoing vandalism with windows being continually smashed and eventually being boarded over. The fibre cement board cladding is often smashed. This cladding contains asbestos containing material and is expensive to remove when vandalism occurs.

9.       Due to the poor condition of the building, the building is not able to be refurbished or restored and should the building be retained, it will require removal and full replacement.  This would require considerable financial investment.

 

 

Building service requirement

10.     In the past, the Blue/Tourist Flats were a part of the existing lease held by the Waitematā Māori Wardens Trust which operates on the park and occupy Glen Haven Cottage. The lease for the building expired in August 2009. The group do not require the building.

11.     The building sits within a cluster of eight small buildings, of which only one is currently in use.

12.     At this time staff have not received any interest in the use of the Blue/Tourist Flats.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     Various options regarding the future of the building have been considered, these include:

i)        Demolition of existing building and reinstatement to lawn.

This would:

·     see removal of a building which is in very poor condition, the building being in a prominent position in a popular local park in near proximity to a destination children’s playground

·     reduce ongoing maintenance costs

·     remove the potential risk from injury from debris, caused by ongoing vandalism

·     provides opportunity for enhancement of this area of the park.

ii)       Demolition of existing building and rebuild.

This would:

·     see removal of a building which is in very poor condition, the building being in a prominent position in a popular local park in near proximity to a destination children’s playground

·     remove the potential risk from injury from debris, caused by ongoing vandalism

·     create a council asset at an estimated cost of $500,000, which has not been identified as a required service asset

·     require ongoing consequential operating expenditure.

iii)      Do nothing.

This would:

·     not respond to the ongoing issues with vandalism

·     require ongoing maintenance and operating expenditure spend

·     the building and surrounding area will continue to look untidy and unkept.

14.     Staff recommend the demolition of the Blue/Tourist Flats and reinstatement to lawn.  This requires resource consent approval.  A heritage impact assessment has been completed by Salmond Reed Architects Limited (Attachment A). The assessment supports the demolition of the building on the grounds of poor building condition and ensuring public safety in a public place.

Tauākī whakaaweawe āhuarangi

Climate impact statement

15.     The council’s climate goals as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan are:

·    to reduce greenhouse gas emissions to reach net zero emissions by 2050 and

·    to prepare the region for the adverse impacts of climate change.

16.     A project to demolish the Blue/Tourist Flats will consider recycling of building materials where possible and actions that could reduce greenhouse gas emissions. All other material will be taken to a registered waste site.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17.     Staff have meet with Auckland Council Heritage Advisor to discuss the current issues with the building and heritage values of the site and Blue/Tourist Flats.  Input from the Heritage Advisor will also be sought through the resource consent process.

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

Local impacts and local board views

18.     The proposed demolition of the Blue/Tourist Flats will potentially have a positive impact to Tui Glen Reserve and park users by removing a building which is in poor condition, is unused and has no service need. 

19.     Community Facilities staff discussed the condition of the building with the local board at a workshop in February 2021.  Local board members were in support of the demolition of the building and reinstatement of the site to lawn, which was recommended by staff at that time.

Tauākī whakaaweawe Māori

Māori impact statement

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

21.     The project discussed in this report will benefit Māori and the wider community through the provision of quality open spaces that promote good health, the fostering of family and community relationships and connection to the natural environment.

22.     Where aspects or the work programme are anticipated to have an impact on activity of importance to Māori, then appropriate engagement will be undertaken.

Ngā ritenga ā-pūtea

Financial implications

23.     Funding for the demolition of the Blue/Tourist and the subsequent reinstatement of the site to lawn, is provided from regional operating expenditure funding. Funding for this has been approved for the current financial year.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

24.     The proposed demolition of the Blue/Tourist Flats is subject to resource consent approval. If resource consent is not granted, the building will remain in its existing condition until funding becomes available to rebuild it. Maintenance would continue to be undertaken on the building when required.

25.     The COVID-19 pandemic could have a further negative impact on the delivery of programmed work if the COVID-19 alert level changes.

Ngā koringa ā-muri

Next steps

26.     Subject to local board and resource consent approval Community Facilities will demolish the building and reinstate the area to lawn.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Blue/Tourist Flats HIA, Tui Glen Reserve

17

     

Ngā kaihaina

Signatories

Authors

Helen Biffin - Work Programme Lead

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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

File No.: CP2021/02859

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Henderson-Massey 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:

·        The comprehensive renewal and upgrade of Kelston Community Centre/Te Pae o Kura is in the design phase.

·        The Henderson-Massey Local Board continued to support local arts and culture through operational grants to art focused community groups.

·        In conjunction with the local board and key stakeholders, the draft Henderson-Massey Low Carbon Plan Development was developed.

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). The following activity is reported with a status of red (behind delivery, significant risk):

·        Te Kete Rukuruku (Māori naming and narratives for parks and places) tranche two has been deferred pending the adoption of tranche one.

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

·        Overall operating results for the first eight months of the year is four per cent below the budget due to lower revenue and lower expenditure.  Revenue is below budget by 12 per cent while expenditure is five 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 9 per cent as projects are in various stage of delivery. Capital expenditure delivery is below the budget by 56 per cent and mainly relates to West Wave comprehensive renewal and Te Whau Pathway.

6.       The Henderson-Massey Local Board’s Community Response Fund holds $33,198 of unallocated locally driven initiative operational expenditure (LDI opex) for 2020/2021 financial year. This needs to be spent by 30 June 2021. The Henderson-Massey Local Board informally agreed, at the 9 March and 6 April 2021 workshops to the following grants from this fund:

·        $20,000 to West Auckland Riding for the Disabled to go towards covering the outstanding resource consent costs and other planning costs for developing a covered riding arena at Henderson Valley Road.

·        $12,000 to Waitakere Outrigger Canoe (Waka Ama Club) WOCC to go towards the costs of the interim storage measures for the club at Bridge Ave, Te Atatu South.

·        $1,000 to Te Atatū Marae Committee to assist in covering expenses for holding a successful 2021 Matariki event in Te Atatū Peninsula.

7.       There are a number of Locally Driven Initiatives (LDI) operating expenditure projects that are unable to be delivered in 2020/2021 and $56,687 is available for reallocation to the Henderson-Massey Community Response Fund, noting that allocation of this fund will occur at the next business meeting of the local board.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

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

b)      grant $20,000 from the Community Response Fund 2020/2021 to West Auckland Riding for the Disabled to go towards covering the outstanding resource consent costs and other planning costs for developing a covered riding arena at Henderson Valley Road.

c)      grant $12,000 from the Community Response Fund 2020/2021 to Waitakere Outrigger Canoe (Waka Ama Club) WOCC to go towards the costs of the interim storage measures for the club at Bridge Ave, Te Atatu South.

d)      grant $1,000 from the Community Response Fund 2020/2021 to Te Atatū Marae Committee to cover extra expenses for holding the 2021 Matariki event in Te Atatū Peninsula.

e)      allocate $56,687 of 2020/2021 Locally Driven Initiatives (LDI) operating expenditure budget from the following projects to the Community Response Fund for allocation to projects by the end of the 2020/2021 financial year:

i)        Te Kete Rukuruku tranche two - $21,800

ii)       Busking on the bridge - $10,000

iii)      Waitangi Day - $20,000

iv)      Film revenue $4,887.

Horopaki

Context

8.       The Henderson-Massey 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

·        The Western Initiative

·        ATEED.

9.       Since the work programmes were approved the Customer and Communities Services directorate has been restructured. 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

 

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

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

11.     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

 

12.     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

13.     The comprehensive renewal and upgrade of Kelston Community Centre/Te Pae o Kura is in the design phase with consultants undertaking preliminary and detailed design for the interior refurbishment and replacement of roof/external cladding.

14.     HMLB continued to support local arts and culture through operational grants to art focused community groups. This includes funding the Pacific Mamas to operate the Pacifica Arts Centre who provide Pacific cultural services, activities and programme and The Waitākere Arts and Culture Development Trust to operate the Corban Estate Arts Centre and provide exhibitions, public programmes, short-term artist residencies, educational programmes, and venue for hire for performances and events.

15.     In conjunction with the local board and key stakeholders, the draft Henderson-Massey Low Carbon Plan Development was developed. At local board workshops in December 2020 and February 2021, the Henderson-Massey Low Carbon Plan Development priority actions were discussed, and the draft plan finalised. This plan will provide a road map for Henderson-Massey to become a low carbon community. And will include strategic guidance for community low carbon projects and initiatives, set targets and actions for key climate action mitigation areas and outline a monitoring framework to track implementation. Next steps include finalising the draft and developing the work programme.

Activities with significant issues

16.     Te Kete Rukuruku (Māori naming and narratives for parks and places) tranche two has been deferred pending the adoption of tranche one. Following concerns raised by Ngāti Whātua, there were delays in the process for adoption of the parks identified in tranche one. Tranche two funding was returned to the board for reallocation in December 2020 and names for 66 sites have now been received and are currently being confirmed.

Activities on hold

17.     There are no work programme activities identified by operating departments as being on hold.

Changes to the local board work programme

Deferred activities

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

·        Te Kete Rukuruku (Māori naming and narrative for parks and places) tranche two deferred pending adoption of tranche one names. Resolution of shared interests is close to agreement with iwi for tranche one. It is expected that names should be presented for adoption by the local board by 30 June.

Activities with changes or delays

19.     The following work programmes activities have changes or delays:

·        Undertaking tree planting in parks and reserves to increase the urban forest canopy and deliver on Auckland's Urban Forest Strategy (ID 3077) is showing as cancelled and a new project name has been created. This now sits underwork programme ID 3351 - Henderson-Massey - provide natural shade in the streetscape.

·        The Harbourview-Orangihina Ecological Restoration Plan (ID 1588) is being updated due to greater changes needed to the draft than anticipated following feedback received during consultation. The consultants are now working with mana whenua to ensure their input is included in the plan.

·        The blessing ceremony for the Pā Harakeke project at Te Rangi Hiroa Park was delayed from late 2020 due to Covid-19 impacts. A date for the blessing will be confirmed as soon as practicable and installation of the pā harakeke will begin once the blessing has been held.

·        The Knowing Phase for Urban Forest (Ngahere) strategy saw delays due to Covid-19 in 2019/2020 year and next steps are to now present the findings of the canopy analysis report to the local board at a workshop booked for April 2021.

Allocation of Community Response Fund 2020/2021

20.     The Henderson-Massey Local Board’s Community Response Fund holds approximately $33,000 of unallocated locally driven initiative operational expenditure (LDI opex) for 2020/2021 financial year. This needs to be spent by 30 June 2021.

West Auckland Riding for the Disabled grant

21.     In 2019 HMLB allocated $30,000 to “Henderson Valley Park Equestrian Facilities” to support West Auckland Riding for the Disabled (WARDA) and Henderson Valley Pony Club (HVPC) to support the development of equestrian facilities in the form of a covered riding arena.

22.     $10,000 of this allocation was committed in a funding agreement with WARDA to assist with resource consent and planning costs. The balance of $20,000 was not committed and as such, was absorbed as savings through Council’s Emergency Budget 2020/2021.

23.     WARDA has $11,623.28 outstanding on resource consent costs and is seeking funding support for that and further work.

24.     At the 9 March 2021 local board workshop, the board informally agreed to grant $20,000 of its 2020/2021 Community Response fund to WARDA to go towards covering the outstanding resource consent costs and other planning costs.

25.     It is noted that the volunteer fund-raising team has $800,000 raised or pledged towards the build.

Waitakere Outrigger Canoe (Waka Ama) grant

26.     Waitakere Outrigger Canoe (Waka Ama) Club (WOCC) presented a proposal for temporary extension of their facilities in Bridge Avenue, Te Atatu South through a deputation at the July 2020 local board business meeting.

27.     WOCC requested the Henderson-Massey Local Board’s support to extend the club’s current location to occupy a portion of public land and to erect portable containers as additional club facilities to enable the club to provide adequate and safer facilities.

28.     This deputation was received in resolution number HM/2020/91 and the local board requested staff investigate and continue to support the overall outcome of a community focused waka ama facility.

29.     Landowner approval for this project has been granted by the Henderson-Massey Local Board and the project is now undergoing the council lease application process. 

30.     At the 9 March 2021 local board workshop, the board informally agreed to grant $12,000 of its 2020/2021 Community Response fund to WOCC to go towards the costs of the interim storage measures at Bridge Avenue, Te Atatu South.

Te Atatū Marae Committee grant

31.     Due to an alternative funding shortfall following budget constraint during this Covid-19 climate, Te Atatū Marae Committee is seeking additional funding to hold its annual event to celebrate Matariki in 2021.

32.     At the 6 April local board workshop, the board informally agreed to grant $1,000 from the local board Community Response Fund 2020/2021 to Te Atatū Marae Committee to cover extra expenses for holding the 2021 Matariki event in Te Atatū Peninsula.

Allocation to Community Response Fund 2020/2021

33.     For 2020/2021, Locally Driven Initiatives (LDI) operating expenditure for the period was below budget. The following projects totaling $56,687 are now available for reallocation to the Henderson-Massey Community Response Fund noting that allocation of this fund will occur at the next business meeting of the local board.

·        Waitangi Day 2020 at Hoani Waititi Marae event cancelled due to Covid-19 restrictions - $20,000.

·        Te Kete Rukuruku (Māori naming in parks and places) tranche two delays - $21,800.

·        Busking on the Bridge event cancelled due to Covid-19 restrictions - $10,000.

·        Film revenue currently unallocated - of $4,887.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

35.     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

36.     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

37.     This report informs the Henderson-Massey Local Board of the performance for November 2020 to February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

38.     Ranui 135 delivered its first year of The Clubhouse and Mana Motuhake, a mentoring programme for Maori and Pacific girls transitioning from primary to secondary schools so that they achieve to their full ability.

39.     The local board funded Te Whanau o Waipareira Trust to deliver the Youngatira Programme which shows rangatahi how to tell their story through film. This is a holiday programme where the participants deliver two five-minute films by the end of the course.

40.     The installation of Maori artworks at Te Manawa Multi-Purpose Facility has been completed with an unveiling event held in December 2020 to celebrate the artwork of Te Rongo Kirkwood and Mei Hill.

41.     Whakatipu i te reo Māori (we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori) is becoming embedded in local libraries and Te Manawa Multi-Purpose Facility. Staff champion and embed te reo Māori in everyday communication, celebrate and promote te ao Māori through events and programmes, and seek opportunities to engage with local iwi and mana whenua to collaborate on initiatives.

Ngā ritenga ā-pūtea

Financial implications

This report is provided to enable the Henderson-Massey Local Board to monitor the organisation’s progress and performance in delivering the 2020/2021 work programmes.

Financial performance

42.     Revenue at $2,565,000 is $345,000 below the budget. This is mainly from reduced visitors at West Wave Aquatic centre.

43.     Expenditure of $19,745,000 is below the budget by $1,045,000 in total. In asset- based services, building and park maintenance services were impacted by COVID-19 restrictions.  In Locally Driven Initiatives, projects are at various stages of delivery after the disruptions caused by changing alert levels.

44.     Capital spend is $2,172,000 and is below budget by $2,740,000. The expenditure is mainly on local renewals such as West Wave Aquatic Centre and Te Pau o Kura/Kelston Community Centre and development of Te Whau Pathway.

45.     The Henderson Massey Local Board Financial Performance report is attachment B.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

46.     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.

47.     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

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Henderson-Massey Local Board work programme update, November 2020 - February 2021

37

b

Henderson-Massey Local Board Financial Performance Report, November 2020 - February 2021

81

     

Ngā kaihaina

Signatories

Authors

Tracey Wisnewski - Local Board Advisor

Authorisers

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Henderson-Massey Local Board Grants Programme 2021/2022

File No.: CP2021/02920

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the Henderson-Massey Grants Programme 2021/2022.

Whakarāpopototanga matua

Executive summary

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

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

4.       This report presents the Henderson-Massey Grants Programme 2021/2022 for adoption (Attachment A).

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      adopt the Henderson-Massey Grants Programme 2021/2022.

 

Horopaki

Context

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

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

7.       The local board community grants programme includes:

·      outcomes as identified in the local board plan

·      specific local board grant priorities

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

·      any additional criteria or exclusions that will apply

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

9.       The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. The new Henderson-Massey Grants Programme has been workshopped with the local board and feedback incorporated into the grants programme for 2021/2022.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

13.     The grants programme has been developed by the local board to set the direction of its grants programme. This programme is reviewed on an annual basis.

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Henderson-Massey Grants Programme 2021/2022

91

     

Ngā kaihaina

Signatories

Authors

Rikka Barbosa - Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Approval for a new public road name at 536 Don Buck Road, Massey

File No.: CP2021/03823

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Henderson-Massey Local Board for a name for a new public road, created by way of Stages 3A.1 and 3A.2 of the approved subdivision being undertaken at 536 Don Buck Road, Massey.

Whakarāpopototanga matua

Executive summary

2.       The Auckland Council Road Naming Guidelines (the Guidelines) set out the requirements and criteria of the council for proposed road names. The guidelines state that where a new road needs to be named as a result of a subdivision or development, the subdivider /developer shall be given the opportunity of suggesting their preferred new road name/s for the Local Board’s approval.

3.       The developer and applicant, Universal Homes Limited, has submitted the names below for consideration by the Local Board.

4.       The proposed road name options have been assessed against the Guidelines and the Australian and New Zealand Standard, Rural and Urban Addressing, AS NZS 4819:2011 and the Guidelines for Addressing in-fill Developments 2019 – LINZ OP G 01245 (the Standards). The technical matters required by those documents are considered to have been met and the proposed names are not duplicated in close proximity or elsewhere in the region. Mana Whenua have been consulted in the manner required by the Guidelines.

5.       The proposed names for the new public road at 536 Don Buck Road are:

·    Rahopūru Road (applicant’s preference)

·    Manarini Road (alternative 1)

·    Wōnati Road (alternative 2)

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      approve the name ‘Rahopūru Road’ for the new public road created by way of Stages 3A.1 and 3A.2 of the subdivision being undertaken by Universal Homes Limited at 536 Don Buck Road, Massey in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references BUN60347966 and SUB60347968).

 

Horopaki

Context

6.       Resource consent BUN60347966 (subdivision reference number SUB60347968) was issued in June 2020 for the construction of 66 new residential freehold units off the public road and also 3 private roads which are not required to have a name as alternative addressing can be provided.

7.       Site and location plans of the development can be found in Attachment A.

8.       In accordance with the Standards, all public roads require a name in order to ensure safe, logical and efficient street numbering.

Tātaritanga me ngā tohutohu

Analysis and advice

9.       The Guidelines set out the requirements and criteria of the council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland Region. The Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the Local Board’s approval.

10.     The Guidelines provide for road names to reflect one of the following local themes with the use of Maori names being actively encouraged:

·    a historical, cultural, or ancestral linkage to an area; or

·    a particular landscape, environmental or biodiversity theme or feature; or

·    an existing (or introduced) thematic identity in the area.

11.     Theme: The selection of names has been derived from the history of orchard plantations in the area. For this reason, the Applicant has chosen names to compliment this theme, as detailed in the table below:

Proposed name

Meaning (as described by applicant)

Rahopūru Road

(applicant’s preference)

Maori translation for ‘Avocado’.

Manarini Road

(alternative 1)

Maori translation for ‘Mandarin’.

Wōnati Road

(alternative 2)

Maori translation for ‘Walnut’.

 

12.     Assessment: All the name options listed in the table above have been assessed by the council’s Subdivision Specialist team to ensure that they meet both the Guidelines and the Standards in respect of road naming. The technical standards are considered to have been met and duplicate names are not located in close proximity.  It is therefore for the local board to decide upon the suitability of the names within the local context and in accordance with the delegation.

13.     Confirmation: Land Information New Zealand (LINZ) has confirmed that all of the proposed names are acceptable for use at this location.

14.     Road Type: ‘Road’ is an acceptable road type for the new public road, suiting it’s form and layout.

15.     Consultation: Mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

16.     The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17.     The decision sought for this report has no identified impacts on other parts of the Council group. The views of council controlled organisations were not required for the preparation of the report’s advice.

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

Local impacts and local board views

18.     The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

19.     To aid local board decision making, the Guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process, and the allocation of road names where appropriate.   The Guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

20.     The road names proposed in this report have been provided to all mana whenua for their consideration.

21.     Ngāti Whātua Ōrākei deferred comment to local iwi and no other feedback was received.

22.     The level of feedback received from mana whenua is often dependent on the scale of the development and its level of significance.

Ngā ritenga ā-pūtea

Financial implications

23.     The road naming process does not raise any financial implications for the Council.

24.     The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

25.     There are no significant risks to Council as road naming is a routine part of the subdivision development process, with consultation being a key component of the process.

Ngā koringa ā-muri

Next steps

26.     Approved road names are notified to LINZ which records them on its New Zealand wide land information database.  LINZ provides all updated information to other users, including emergency services.

 


 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

536 Don Buck Road 3A.1 & 3A.2 Site Plans & Location Map

97

     

Ngā kaihaina

Signatories

Authors

Dale Rewa - Subdivision Advisor

Authorisers

Trevor Cullen - Team Leader Subdivision

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Approval for a new private road name at 64, 66, 68, 70, 72  and 74 Edmonton Road, Henderson

File No.: CP2021/03826

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Henderson-Massey Local Board for a name for a new private road, being the commonly owned access lot (COAL), created by way of the subdivision development at 64, 66, 68, 70, 72 and 74 Edmonton Road, Henderson.

Whakarāpopototanga matua

Executive summary

2.       The Auckland Council Road Naming Guidelines (the Guidelines) set out the requirements and criteria of the council for proposed road names. The guidelines state that where a new road needs to be named as a result of a subdivision or development, the subdivider /developer shall be given the opportunity of suggesting their preferred new road name/s for the Local Board’s approval.

3.       On behalf of the developer and applicant, Neat Property Services Limited, agent Alastair Turnbull from Civix has proposed the names presented below for consideration by the Local Board.

4.       The proposed road name options have been assessed against the Guidelines and the Australian and New Zealand Standard, Rural and Urban Addressing, AS NZS 4819:2011 and the Guidelines for Addressing in-fill Developments 2019 – LINZ OP G 01245 (the Standards). The technical matters required by those documents are considered to have been met and the proposed names are not duplicated elsewhere in the region or in close proximity. Mana Whenua have been consulted in the manner required by the Guidelines.

5.       The proposed names for a new private road at 64, 66, 68, 70, 72 and 74 Edmonton Road are:

·    Parkview Crescent (applicant’s preference)

·    Fallsview Crescent (alternative 1)

·    Rainbow Crescent (alternative 2)

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a)      approve the name ‘Parkview Crescent’ for the new private road created by way of the subdivision being undertaken by Neat Property Services Limited at 64, 66, 68, 70, 72 and 74 Edmonton Road, Henderson in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references BUN60351324 and SUB60351334).

 

Horopaki

Context

6.       Resource consent BUN60351324 (subdivision reference number SUB60351334) was issued in September 2020 for the construction of 38 new residential freehold units and a commonly owned access lot (COAL).

7.       Site and location plans of the development can be found in Attachment A.

8.       In accordance with the Standards, any road including private ways (COALs) and right of ways, that serve more than five lots, generally require a new road name in order to ensure safe, logical and efficient street numbering.

Tātaritanga me ngā tohutohu

Analysis and advice

9.       The Guidelines set out the requirements and criteria of the council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland Region. The Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the Local Board’s approval.

10.     The Guidelines provide for road names to reflect one of the following local themes with the use of Maori names being actively encouraged:

·    a historical, cultural, or ancestral linkage to an area or

·    a particular landscape, environmental or biodiversity theme or feature or

·    an existing (or introduced) thematic identity in the area.

11.     The applicant has proposed the names set out in the following table:

Proposed name

Meaning (as described by applicant)

Parkview Crescent (applicant’s preference)

The development is mostly over-looking Tui Glen Reserve Park.

Fallsview Crescent

(alternative 1)

The river stream nearby flows down towards the park.

Rainbow Crescent

(alternative 2)

When it rains, there is always a great view of a rainbow looking over towards the Waitakere Ranges.  

 

12.     Assessment: All the name options listed in the table above have been assessed by the council’s Subdivision Specialist team to ensure that they meet both the Guidelines and the Standards in respect of road naming. The technical standards are considered to have been met and duplicate names are not located in close proximity.  It is therefore for the local board to decide upon the suitability of the names within the local context and in accordance with the delegation.

13.     Confirmation: Land Information New Zealand (LINZ) has confirmed that all of the proposed names are acceptable for use at this location.

14.     Road Type: ‘Crescent is an acceptable road type for the new private road, suiting the form and layout of the COAL.

15.     Consultation: Mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

16.     The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17.     The decision sought for this report has no identified impacts on other parts of the Council group. The views of council controlled organisations were not required for the preparation of the report’s advice.

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

Local impacts and local board views

18.     The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

19.     To aid local board decision making, the Guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process, and the allocation of road names where appropriate.   The Guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

20.     The road names proposed in this report have been provided to all mana whenua by Council for their consideration. In this instance no feedback has been received.

21.     The level of feedback received from mana whenua is often dependent on the scale of the development and its level of significance.

Ngā ritenga ā-pūtea

Financial implications

22.     The road naming process does not raise any financial implications for the Council.

23.     The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

24.     There are no significant risks to Council as road naming is a routine part of the subdivision development process, with consultation being a key component of the process.

Ngā koringa ā-muri

Next steps

25.     Approved road names are notified to LINZ which records them on its New Zealand wide land information database.  LINZ provides all updated information to other users, including emergency services.

 


 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

64, 66, 68, 70, 72 & 74 Edmonton Road Site Plan & Location Map

105

     

Ngā kaihaina

Signatories

Authors

Dale Rewa - Subdivision Advisor

Authorisers

Trevor Cullen - Team Leader Subdivision

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

PDF Creator

PDF Creator


Henderson-Massey Local Board

20 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/04014

 

  

 

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 Henderson-Massey 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 code 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 draft 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 draft 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 elected members acting in their capacity as elected 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 draft code. Local boards will resolve their comments which will be conveyed to the Governing Body when it considers adopting the revised draft 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 draft 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 draft 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 of conduct part by part so that the likelihood of one singular matter holding up adoption of the whole code of conduct 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

113

b

Draft Code of Conduct - attachments for local boards

133

     

Ngā kaihaina

Signatories

Authors

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard – Manager Governance Services

Louise Mason – GM Local Board Services

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02940

 

  

 

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

Statement of Proposal

217

b

Previous Local Board Views

305

c

Regulatory Committee Decisions on Bylaw Improvements

311

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03189

 

  

 

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 Henderson-Massey 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 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

319

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03388

 

  

 

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 Henderson-Massey Local Board:

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

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

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

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

Horopaki

Context

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

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

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

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

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

·      Resource Management Act to protect the environment

·      Marine Mammal Protection Act to protect marine mammals.

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

Council proposed a new Bylaw and associated controls for public feedback

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

33 per cent (2/6 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

83 per cent (5/6 submitters)

70 per cent

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

100 per cent (6/6 submitters)

85 per cent

4a:     Make new rules for the Tamaki River Entrance

83 per cent (5/6 submitters)

69 per cent

4b:     Make new rules for the Commercial Port Area

100 per cent (6/6 submitters)

75 per cent

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

83 per cent (5/6 submitters)

71 per cent

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

50 per cent (3/6 submitters)

77 per cent

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

50 per cent (3/6 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

83 per cent (5/6 submitters)

82 per cent

20.     Key themes from feedback from people in the local board area are consistent with key themes from all public feedback. For example, that the proposal:

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

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

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

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

Staff recommend the local board provide its views on public feedback

22.     Staff recommend that the local board provide its views on the public feedback by resolution, and if it wishes, present those views to the Bylaw Panel on 7 May 2021.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23.     There are no implications for climate change arising from this decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33.     There is a reputational risk that feedback from the local board area is from a limited group of people and does not reflect the views of the whole local board area. This report mitigates this risk by providing local boards with a summary of all public feedback.

Ngā koringa ā-muri

Next steps

34.     The Bylaw Panel on 7 May 2021 will consider all formal local board views and public feedback, deliberate, and make recommendations to the Governing Body. The Governing Body will make a final decision on any amendments to the Bylaw in July 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of public feedback

401

b

Public feedback from people in the Henderson Massey Local Board area

423

c

Operational and non-bylaw-related feedback

447

d

Draft Bylaw Panel deliberations report

449

     

Ngā kaihaina

Signatories

Authors

Baylee Vyle - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Proposal to vary the Regional Fuel Tax (RFT) scheme

File No.: CP2021/03692

 

  

 

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 (RFT) scheme.

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

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

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

Horopaki

Context

The creation of Auckland’s RFT scheme

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

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

10.     Without this investment a number of 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 (Attachment B of the agenda report) was approved by the government and become operative from 1 July 2018.

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 ten 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; and

·   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 on 1 April 2020 a programme 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 Auckland Transport Alignment Project (ATAP). The development of an ATAP indicative package will inform and guide Auckland’s Regional Land Transport Plan (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 the Land Transport Management Act 2003 (the LTMA) (section 65G(1)). 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 (LTMA, sections 65I and 65J). If the Ministers do accept the proposal, they will send it on to the Governor-General to enact through an Order in Council (LTMA, sections 65J and 65K).

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 2021 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 as significant portion of the transport investment in Auckland.

49.     Without an RFT, Council would need to either:

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

ii)       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.

Ngā raru tūpono me ngā whakamaurutanga

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.

53.     The Planning Committee will receive public feedback and Local Board views on the proposal in May.

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

475

b

Proposal for a Regional Fuel Tax (2018)

497

     

Ngā kaihaina

Signatories

Authors

Justine Yu - Senior Advisor - Fin Policy

Michael Burns - Manager Financial Strategy

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/04222

 

  

 

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

·   conduct of relationships

·   shareholder obligations with which CCOs must act consistently

·   other expectations.

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

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

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey 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 example 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 aware of.  Consequently, it is relatively short. The second part of this section relates to third parties, and this will require more development before approval in late May, and in subsequent iterations. 

17.     The final section deals with issues of a more specific nature to Auckland Council.  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 Māori 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.  It 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. Given that some expectations have been taken out of the Accountability Policy and placed in the Statement of Expectations, and that the two documents are intended to work in a complementary fashion, it is important that they are both signed off together. This risk is being mitigated by seeking early feedback from local boards, CCO Boards, and in May holding a workshop with governing body elected members.  This is intended to ensure that a robust draft of the SOE is available for approval in June 2021. 

Ngā koringa ā-muri

Next steps

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.

Add authorisers: Alastair Cameron – Manager – CCO Governance & External Partnerships

Louise Mason – GM Local Board Services


 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Edward Siddle - Principal Advisor

Authorisers

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

Governance Forward Work Calendar

 

File No.: CP2021/03294

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To present the Henderson-Massey Local Board with a governance forward work calendar.

Whakarāpopototanga matua / Executive summary

2.       The governance forward work calendar (the calendar) for the Henderson-Massey Local Board is in Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff.

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

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

·    clarifying what advice is expected and when

·    clarifying the rationale for reports.

 

4.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.

 

Ngā tūtohunga / Recommendation/s

That the Henderson-Massey Local Board:

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

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Governance forward work calendar for April 2021

531

     

Ngā kaihaina / Signatories

Authors

Brenda Railey - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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Henderson-Massey Local Board

20 April 2021

 

 

Confirmation of Workshop Records

 

File No.: CP2021/03295

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To present records of workshops held by the Henderson-Massey Local Board.

Whakarāpopototanga matua / Executive summary

2.       Briefings/presentations provided at the workshop held are as follows:

          2 March 2021

1.   Henderson Streets for People Project

2.   Review of the Code of Conduct - Workshop Two

3.   Local Parks Management Plans (an omnibus park management plan)

4.   Lloyd Morgan Lions Club Park upgrade

5.   Te Atatu South Park - implement concept plan

6.   Options for Baseball provision in Henderson-Massey Local Board

7.   HMLB's forward work programme update

9 March 2021

1.   Swanson Road safety improvement project

2.   Te Whau Pathway Project update

3.   HMLB's forward work programme update

4.   Te Kete Rukuruku – Maori Naming Update

5.   Public feedback on new Navigation Bylaw to April 2021 business meetings

6.   Draft amendments to Animal Management Bylaw to April 2021 business meetings

7/8 Review the Grants Programme and Transitional Grants for 2020/2021

            23 March 2021

1.   Update on PT in Massey

2.   Draft local board work programmes 2021/2022

3.   HMLB's forward work programme update

4.   Shade and shelter provision in parks

5.   Bus Overlay – Follow Up Falls Park

6.   Community Facilities monthly update

7.   Massey Pony Club, Te Rangi Hiroa, Ranui

           

Ngā tūtohunga / Recommendation/s

That the Henderson-Massey Local Board:

a)      note the workshop records for 2, 9 and 23 March 2021.

 

 


 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Henderson-Massey Local Board workshop records for 2, 9 and 23 March 2021

535

     

Ngā kaihaina / Signatories

Authors

Brenda Railey - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Henderson-Massey Local Board

20 April 2021

 

 

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

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

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

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

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

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