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

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 21 April 2021

10.00am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Ann Hartley, JP

 

 

Melanie Kenrick

 

 

Cindy Schmidt

 

 

Andrew Shaw

 

 

Adrian Tyler

 

 

(Quorum 4 members)

 

 

 

Jacinda Short

Democracy Advisor

 

15 April 2021

 

Contact Telephone: (09) 484 6236

Email: jacinda.short@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Kaipātiki Local Board

21 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                                                                                                       6

7          Petitions                                                                                                                          6

8          Deputations                                                                                                                    6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Approval for New Public Road Name for Southern End of Kauri Road, (Off Balmain Road), Birkenhead                                                                                                         9

12        Kaipātiki Local Board Grants Programme 2020/2021                                             19

13        Auckland Transport – Regional Land Transport Programme 2021                       27

14        Input into Auckland Council submission to central government - Inquiry into congestion pricing in Auckland                                                                               129

15        Proposal to make a new Public Trading and Events Bylaw                                 163

16        Draft Statement of Expectations for Council-controlled Organisations             245

17        Proposal to vary the Regional Fuel Tax scheme                                                   277

18        Statement of proposal to amend the Animal Management Bylaw and controls 331

19        Public feedback on proposal to make new navigation rules                                433

20        Review of the Code of Conduct - draft revised code                                             539

21        Auckland Council’s Performance Report: Kaipātiki Local Board for November 2020 to February 2021                                                                                                        643

22        Review of Kaipātiki Local Board appointments to external community organisations - 2019-2022                                                                                                                  693

23        Wairau catchment working group meeting, Monday 15 March, 2021                 697

24        Kaipātiki Local Board Chairperson's Report                                                          775

25        Members' Reports                                                                                                      777

26        Governing Body and Independent Maori Statutory Board Members' Update    779

27        Governance Forward Work Calendar                                                                      781

28        Workshop Records - Kaipātiki Local Board - March 2021                                    787

29        Consideration of Extraordinary Items

 


1          Welcome / Karakia

 

Text

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2          Apologies

 

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

 

3          Declaration of Interest

 

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

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy.  The policy covers two classes of conflict of interest:

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

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

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968.  The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request. 

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

 

4          Confirmation of Minutes

 

That the Kaipātiki Local Board:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 17 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 Kaipātiki Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

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

 

9          Public Forum

 

A period of time (approximately 30 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 3 minutes per item is allowed, following which there may be questions from members.

 

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

 

10        Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


Kaipātiki Local Board

21 April 2021

 

 

Approval for New Public Road Name for Southern End of Kauri Road, (Off Balmain Road), Birkenhead

File No.: CP2021/03466

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Kaipātiki Local Board to re-name the southern end of Kauri Road, (off Balmain Road), Birkenhead at the request of the residents currently addressed as 86A – 86I Kauri Road (the applicant).

Whakarāpopototanga matua

Executive summary

2.       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 or renamed, the applicant shall be given the opportunity of suggesting their preferred new road name(s) for the local board’s approval.

3.       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. Mana whenua have been consulted in the manner required by the Guidelines.

4.       The applicant has proposed names as presented below, in order of preference, for re-naming the southern end of Kauri Road (off Balmain Road) for consideration by the local board:

·    Soldiers Bay Place;

·    Hōia Place; and

·    Pohowera Place

5.       The local board last considered this matter at its meeting of 11 December 2019 (refer to resolution number KT/2019/230).

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      approve the preferred name ‘Soldiers Bay Place’ or the alternative name ‘Hōia Place’ or ‘Pohowera Place’ to rename the southern end of Kauri Road (off Balmain Road) Birkenhead in accordance with section 319(1)(j) of the Local Government Act 1974 and advise all interested parties.

Horopaki

Context

6.       Although the legal road corridor of Kauri Road extends from Waipa Street in the north through to Balmain Road in the south, it is an unformed paper road from the intersection of Kauri Road (North) and Hebe Place through to the formed part of Kauri Road, which runs from Balmain Road.

7.       This causes much confusion for emergency services, mail and other deliveries reaching the properties at 86A – 86I Kauri Road (South), and the applicant has requested a change of name to the southern end of Kauri Road (off Balmain Road) to prevent this occurring.  

8.       A change to the name of Kauri Road (South) will ensure consistent and faster access for emergency services for the applicant, and will present logical and efficient street numbering for mail and other deliveries.

9.       The change to the road name will also present an opportunity for other properties located off Kauri Road (South) but addressed off Balmain Road to also be readdressed off the new road name should they wish.

10.     A plan showing the possible readdressing off the new road name is being prepared but was not available at the time of the agenda deadline but can be presented prior to the meeting. 

11.     A locality map and aerial photograph of the affected area can be found in Attachments A and B of the agenda report.

Tātaritanga me ngā tohutohu

Analysis and advice

12.     The proposed road name options have been assessed against the Auckland Council Road Naming 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).

13.     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 road needs to be re-named the applicant shall be given the opportunity of suggesting their preferred new road name/s for the local board’s approval

14.     Auckland Council’s road naming criteria provide for road names to reflect one of the following local themes, with the use of Māori names being actively encouraged:

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

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

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

15.     Theme: The applicant has chosen a suite of names they consider appropriate for the area. These include a mix of English and Māori names that reflect local geographical and biodiversity connections to the area.

16.     In this regard the names and their relevance are as detailed in the following table:

Proposed Names

Meaning (as described by the applicant)

Soldiers Bay Place

(preferred)

The name is drawn directly from the name of the bay adjacent to Balmain and Kauri roads and links with the historical defence force connection to the area.

Hōia Place

(alternative)

Māori word meaning ‘soldier’ and as above links to the adjacent bay of the same name and the historical defence force connection to the area.


 

Pohowera Place
(alternative)

Māori name for Banded Dotterel, a squat sea bird, commonly found on beaches and estuaries and present in adjacent Soldiers Bay.

 

17.     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.

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

19.     Road Types: The road type ‘place’ is acceptable for the road.

20.     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 of the report that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21.     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

22.     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

23.     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

24.     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.

25.     On 20 October 2020, 11 mana whenua groups identified as having an interest in the general area were contacted by council on behalf of the applicant through the Resource Consent Department’s Central Facilitation process, as set out in the guidelines.

26.     By the close of the consultation period on 2 November 2020 one response was received. Ngāti Whātua o Kaipara suggested the name ‘Kāpia Place’, meaning kauri gum or resin, which they considered more appropriate to align with the adjacent Kauri Point Domain and Kauri Park Reserve. They also supported the alternative names ‘Hōia’ and ‘Pohowera’.

27.     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

28.     The road naming process does not normally raise any financial implications for the council which are traditionally borne by the applicant.

29.     It is usual that the applicant has responsibility for ensuring that appropriate signage will be installed once approval is obtained for new road names.

30.     The supply and erection of the new road finger board signage will be funded from Auckland Transport’s Local Board Transport Capital Fund as part of the Kaipātiki Local Board’s wayfinding project.

31.     All other costs associated with the change in the road name (i.e. change of address on any documents associated with the affected properties) would normally be borne by the applicant and any others wishing to be re-addressed off the new road name.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

33.     Approved road names are notified to Land Information New Zealand which records them on its New Zealand wide land information database which includes street addresses issued by councils.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - 86A - 861 Kauri Road Locality Map

13

b

21 April 2021 - Kaipātiki Local Board Business Meeting - 86A - 86I Kauri Road Birkenhead - Aerial Photograph

15

      

Ngā kaihaina

Signatories

Authors

John Benefield – Senior Subdivision Advisor

Authorisers

Trevor Cullen - Team Leader Subdivision

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

PDF Creator


Kaipātiki Local Board

21 April 2021

 

 

PDF Creator


Kaipātiki Local Board

21 April 2021

 

 

Kaipātiki Local Board Grants Programme 2020/2021

File No.: CP2021/02457

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the Kaipātiki 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 Kaipātiki Grants Programme 2021/2022 for adoption (Attachment A).

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)   adopt the Kaipātiki Grants Programme 2021/2022 as presented at Attachment A to this agenda report.

 

 

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 Kaipātiki 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

21 April 2021 - Kaipātiki Local Board Business Meeting - Kaipātiki Local Board Grants Programme 2021/2022

21

     

Ngā kaihaina

Signatories

Authors

Erin Shin - Senior Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

 

 

Kaipātiki Community Grants Programme 2021/2022

Our Community Grants Programme aims to provide contestable community grants to local communities.

Outcomes

Our grants programme will be targeted towards supporting the following outcomes, as outlined in our local board plan:

 

·      Belonging and wellbeing

·      Environment

·      Places and Spaces

·      Transport and connections

·      Opportunity and prosperity

 

Our priorities for grants

The Kaipātiki Local Board welcomes grant applications that align with the following local board plan priorities:

Note: these priorities relate to the local board objectives as outlined in the local board plan.

·      our people are involved in the community, socially connected to one another, and supported to be active, creative, resilient and healthy

·      our natural environment is protected and restored for future generations to enjoy

·    our built environment is high quality, vibrant, well-maintained, reflects the culture and heritage of Kaipātiki, and meets our people’s needs

·    our people have many transport options and can easily and safely move around and find their way

·    our people can buy local, live local and work local

 

 

Higher priority for eligibility:

A higher priority will be given to applications that:

·    provide opportunities for all members of the Kaipātiki community to benefit from the proposed project or activity and where access is not restricted to members of the organisation making the application

·    are from applicants based and operating within the Kaipātiki area providing and targeting services, benefits and participation opportunities for Kaipātiki residents

·    targets and supports local resident participation.

 

Lower priority for eligibility:

 

Some applications will automatically be given lower priority:

·      applications for travel and accommodation outside Auckland (the board may make exceptions if there will be a tangible benefit for Auckland ratepayers)

·      applications for retrospective costs (where the activity has already taken place), unless:

this is necessary as a condition of the grant


we are satisfied there are other mitigating circumstances

·      applications for fundraising events or activities where the beneficiary is a third party, e.g. charity events, sponsored walks (exceptions may be made if we determine the event has a wider community benefit beyond its primary purpose as a fundraiser)

·      applications for food - unless the provision of food will enable the project outcomes to be achieved (you will need to provide evidence of how this will be measured and achieved)

·      applications by schools and churches – unless clear benefits to the wider community can be demonstrated, e.g. on-going community access to facilities

·      applications from groups based outside the Kaipātiki Local Board area, unless you can clearly demonstrate the benefit to Kaipātiki community members

·      applications for activities taking place, or groups based outside the Kaipātiki Local Board area, unless the applicant can clearly demonstrate the benefit to Kaipātiki community members

·      applications for large amounts where other funders haven't been approached

·      applications where the applicant has a considerable cash surplus (relative to the amount applied for), unless the applicant can verify that it is a specifically tagged reserve and cannot be used as a contribution towards the submitted project.

·      applications that consistently seek ongoing organisation administrative costs for staff and overheads.

·      applications from organisations who have already applied for a grant, within the same financial year

 

Eligibility Exclusions:

A range of activities are excluded from consideration of funding by Auckland Council’s overarching Community Grants Policy. These exclusions are:

·      debt servicing or repayment

·      legal expenses

·      activities that promote religious ministry or political purposes

·      medical expenses

·      public services that are the responsibility of central government (e.g. core education, primary health care)

·      The release of payment for physical works – e.g. improvements to community buildings that require consents or permits, prior to the necessary consents or permits being obtained (grants may be awarded in principle, but funds will not be released until all conditions are satisfied)

·      purchase of alcohol

·      food - unless the provision of food will enable the project outcomes to be achieved (evidence of how this will be measured and achieved will need to be provided)

 

In addition to the eligibility criteria outlined in the Community grants policy, the Kaipātiki Local Board will not fund:

·      private individuals (except where they agree to be umbrellaed by an endorsed local community organisation)

·      commercial/private companies will generally be ineligible to apply, unless their project demonstrates clear community benefits (see paragraphs 73, 74 and 75 of the overarching Community Grants Policy)

·      activities must not have already taken place before the local board has the opportunity to consider the application (unless the Board accepts there are genuine mitigating circumstances)

·      groups that have failed to meet accountability obligations from previous Council grants (within the last two years) will not be funded except in exceptional mitigating circumstances

·      more than one application per organisation in a grant round

·      koha (cash donations)


NB: The Kaipātiki Local Board normally uses its community development partner, the Kaipātiki Community Facilities Trust (KCFT) as an umbrella organisation. If you are an individual applicant, please discuss with the trust whether it is prepared to act as your umbrella before lodging your application.

 

Investment approach:

Local Grants: Applicants for local grants can apply for grants over $1,000. Local grants will be available three times a year and successful applicants will sign a funding agreement.

 

  Local Grant rounds for 2021/2022 will be as follows

 

Grant rounds

Opens

Closes

Decision made

Projects to occur after

Round one

19 July 2021

27 August 2021

20 October 2021

1 November 2021

 

Round two

13 September 2021

22 October 2021

15 December 2021

1 January 2022

 

Round three

14 February 2022

25 March 2022

18 May 2022

1 June 2022

 

 

 

Multi-board Grants:

 

In principle, the Kaipātiki Local Board have agreed to support multi-board applications and will consider them on a case by case basis.

 

Multi-board grant rounds

Opens

Closes

Decision made

Projects to occur after

Round one

14 June 2021

6 August 2021

 20 October 2021

1 November 2021

Round two

17 January 2022

 18 March 2022

 18 May 2022

1 June 2022

 

 

Accountability and other measures:

 

The Kaipātiki Local Board requires that for all successful applicants:

·      The contribution of the board is to be acknowledged in all publicity and signage (the board brand collateral can be provided on request).

·      Any events funded or partially funded by the board are to be smoke-free.

 

The Kaipātiki Local Board requires that all successful applicants provide, within two months of the completion of the project, a completed accountability form.


Kaipātiki Local Board

21 April 2021

 

 

Auckland Transport – Regional Land Transport Programme 2021

File No.: CP2021/03799

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2.       This report covers:

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

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

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

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

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

Horopaki

Context

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

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

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

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

·      Auckland Transport Alignment Project (ATAP)

·      The Auckland Plan 2050

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

·      National Land Transport Programme (NLTP)

·      Government Policy Statement on Land Transport (GPS)

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

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

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

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

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

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

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

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

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

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

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

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

Date

Action

23 March

RTC considers draft RLTP for public consultation

29 March-2 May

Proposed dates for public consultation

May

Evaluation of public consultation

27 May

RTC review final draft RLTP

3 June

Governing Body review RLTP for endorsement

June

AT Board reviews RLTP for final approval

1 July

RLTP becomes operational

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

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


 

16.    

Date

LB Engagement

15 Feb

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

29 March – 2 May

Workshops with all local boards to discuss the RLTP.

4 – 18 May

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

3 June

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

 

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

#

AT Projects

Duration

10 Year Capital Expenditure ($M)

7

Wainui Improvements

2021/22 - 2023/24

23.1

9

Glenvar Road/East Coast Road intersection and corridor improvements

2021/22 - 2024/25

57.3

10

Medallion Drive Link

2021/22

12.0

12

Rosedale Road Corridor

2021/22 - 2023/24

8.0

13

Rosedale and Constellation Bus Stations

2021/22 - 2023/24

59.0

14

Northern Busway Enhancements

2027/28 - 2030/31

62.0

25

Lake Road/Esmonde Road Improvements

2022/23 - 2025/26

48.4


 

19.    The below tables summarises projects within larger programmes, that are planned to be delivered in the local board and surrounding areas, which could be of benefit to residents from Kaipātiki:

#

Project from a Programme

Underlying Programme

22

Glenfield Bus Interchange

Neighbourhood Interchanges (AT)

23

Northcote Safe Routes (SH1 bridges)

Urban Cycleways (AT)

26

Devonport Town Centre

Safety (AT)

45

Northcote Spatial Priority Area

Projects Supporting Auckland Housing Programme (AT)

64

Glenfield Road

Safety (AT)

65

Onewa Road

Safety (AT)

78

Residential Speed Management - Torbay

Safety (AT)

20.     The below table summarizes projects being delivered by Waka Kotahi that are planned to be delivered in the local board and surrounding areas, which could be of benefit to residents from Kaipātiki:

 

Non-AT Projects

Responsible Agency

10 Year Capital Expenditure ($M)

8

Penlink

Waka Kotahi

411.0

11

Northern Corridor (includes busway extension)

Waka Kotahi

128.2

24

Northern Pathway (Westhaven to Akoranga)

Waka Kotahi

360.0

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

22.    The below table outlines objectives from the local board plan that are supported within the RLTP:

Objectives

RLTP outcomes

People have more travel choices to get to work, school or go about their daily lives.

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

 

Our public transport network is affordable, convenient, frequent, environmentally conscious and accessible – connecting people to where they need to go.

 

The rapid transit network (RTN) is a key investment priority and forms the largest category of capital investment in this RLTP. The proposed transport programme in this RLTP will deliver a step-change in the coverage and performance of the RTN over the next 10 years. This RLTP will also see the RTN continue to diversify away from the City Centre.

 

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

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

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

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

 

It also includes projects such as:

·    $35 million for supporting electric vehicles

·    $20 million for environmental sustainability infrastructure

·    $9 million for electric bus trial roadmap.

The Kaipātiki Connections Network Plan delivers commuter and recreational walking and cycling links through the local board area.

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

This programme is expected to deliver 200km of new and upgraded cycleways and shared paths across the region by 2031, the majority of which is included as part of the strategic cycling network. Between 100km-125km of new cycleways will be generated from AT, 15km from Auckland Council and 59km from Waka Kotahi. Some existing cycle lanes will also be retrofitted with appropriate safety barriers.

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

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

Local and international visitors are attracted to our area.

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

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

 


 

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

·      Auckland Transport Alignment Project (ATAP)

·      The Auckland Plan 2050

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

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

Local impacts and local board views

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

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

·      Chair’s Forum on the 15th February 2021

·      A workshop with the Kaipātiki Local Board on the 7th April 2021

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Attachment A RLTP Local Board feedback sheet

33

b

21 April 2021 - Kaipātiki Local Board Business Meeting - Draft Auckland Regional Land Transport Plan 2021 - 2031

39

     

Ngā kaihaina

Signatories

Authors

Marilyn Nicholls – Elected Member Relationship Partner, Auckland Transport

Authorisers

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

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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

File No.: CP2021/04204

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·    nominate member(s) to prepare draft feedback on behalf of the local board, with the intention of bringing that feedback to the local board’s 5 May business meeting for final approval.  This will provide the local board more time to consider the issues raised within the TCQ findings document and formulate its views, whilst ensuring its position can be considered for incorporation into council’s main submission.

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

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the report and its attachments as follows:

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

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

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

i)     the draft feedback will be presented to the local board’s 5 May 2021 business meeting for final approval; and

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Memo: Transport and Infrastructure Select Committee inquiry into congestion pricing in Auckland

131

b

21 April 2021 - Kaipātiki Local Board Business Meeting - The Congestion Question Main Findings July 2020

135

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03204

 

  

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

4.       The main draft proposals are to:

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

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

·     identify filming in a separate category to events

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

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

Horopaki

Context

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

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

9.       The Bylaw:

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

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

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

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

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

The Regulatory Committee decided to make a new bylaw

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

The draft proposal makes a new Public Trading and Events Bylaw

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

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

Main proposals

Reasons for proposals

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

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

· to continue to retain existing exemptions to holding an approval

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

· set more specific rules for rental micromobility devices

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

· to reflect conditions as set in codes of practice

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

· identify filming as a separate category to events

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

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

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

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

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

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

· to ensure and apply consistent approach to council regulation

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

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

· to comply with the best practice bylaw drafting standards.

The draft proposal complies with statutory requirements

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

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

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

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

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

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

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

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified:

If...

Then...

Mitigation

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

There may be negative attention to council regarding the Bylaw.

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Draft Statement of Proposal

167

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/03540

 

  

 

 

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 (refer to Attachment A of the agenda report).  It is organised to reflect the wording of s64B of the Local Government Act, and is in three sections:

·      conduct of relationships

·      shareholder obligations with which CCOs must act consistently

·      other expectations.

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

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

·      Auckland Council CCO Accountability mechanisms (refer to Attachment C of the agenda report).

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

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

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

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

Horopaki

Context

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

64B Statement of expectations

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

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

(i) shareholding local authorities; and

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

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

(b) requires the organisation to act consistently with—

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

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

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

·      conduct of relationships.

·      shareholder obligations with which CCOs must act consistently

·      other expectations.

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Draft Auckland Council Statement of Expectations of substantive Council-controlled organisations, July 2021

249

b

21 April 2021 - Kaipātiki Local Board Business Meeting - Section 5.2 CCO Accountability Policy

259

c

21 April 2021 - Kaipātiki Local Board Business Meeting - CCO Accountability Mechanisms 2021

273

     

Ngā kaihaina

Signatories

Authors

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Louise Mason - GM Local Board Services

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Proposal to vary the Regional Fuel Tax scheme

File No.: CP2021/03631

 

  

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

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

b)      provide feedback on the proposed variation to the 2018 Regional Fuel Tax scheme.

 

Horopaki

Context

The creation of Auckland’s RFT scheme

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

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

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

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

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

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

Details of the existing scheme

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

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

16.     The original proposal also details:

·      the key objectives of the scheme

·      the effects of the scheme (positive and negative)

·      how it aligned with the relevant strategic documents

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

·      reasoning for the exclusion of Aotea Great Barrier Island

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

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

·      bus priority improvements

·      city centre bus infrastructure

·      improving airport access

·      Eastern Busway (formerly AMETI)

·      park and rides

·      electric trains and stabling

·      ferry network improvements (was downtown ferry redevelopment)

·      road safety

·      active transport

·      Penlink

·      Mill Road corridor

·      road corridor improvements

·      network capacity and performance improvements

·      growth-related transport infrastructure.

Progress of the scheme to 31 December 2020

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

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

20.     Key achievements of the scheme so far include:

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

·      installing red-light running enforcement and CCTV cameras

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

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

Subsequent government funding announcements

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

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

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

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

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

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

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

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

ATAP update and draft RLTP preparation

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

ATAP update and draft RLTP preparation

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

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

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

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

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

Consultation

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

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

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

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Draft proposal to vary Regional Fuel Tax scheme project details

281

b

21 April 2021 - Kaipātiki Local Board Business Meeting - Proposal for a Regional Fuel Tax (2018)

303

     

Ngā kaihaina

Signatories

Authors

Justine Yu - Senior Advisor - Fin Policy

Michael Burns - Manager Financial Strategy

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Louise Mason - GM Local Board Services

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02944

 

  

 

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 Kaipātiki Local Board:

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

Horopaki

Context

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

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

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

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

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

The Regulatory Committee have decided to amend the Bylaw and controls

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

17 March 2020

(REG/2020/17)

Regulatory Committee endorsed the statutory bylaw review findings that:

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

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

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

17 November 2020

(REG/2020/78)

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

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

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

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

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

The draft proposal makes improvements to the current bylaw and controls

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

Draft proposals

Reasons for draft proposal

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

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

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

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

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

Improve definitions of ‘nuisance’ and ‘public place’

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

Update the Bylaw format and structure

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

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

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

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

The draft proposal complies with statutory requirements

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

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

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

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

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified

If...

Then...

Mitigation

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

there may be negative attention to council regarding the Bylaw.

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

Ngā koringa ā-muri

Next steps

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A - Statement of Proposal

335

b

Attachment B - Previous Local Board Views

423

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements

429

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03395

 

  

 

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 Kaipātiki Local Board:

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

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

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

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

Horopaki

Context

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

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

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

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

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

·      Resource Management Act to protect the environment

·      Marine Mammal Protection Act to protect marine mammals.

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

Council proposed a new Bylaw and associated controls for public feedback

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

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

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

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

Decisions leading to the proposal

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

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

17.     Local board views must be provided by resolution to the Bylaw Panel. The local board can also choose to present those views to the Bylaw Panel on 7 May 2021.

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

·      indicate support for matters raised in public feedback by people from the local board area

·      recommend how the Bylaw Panel should address matters raised in public feedback.

Tātaritanga me ngā tohutohu

Analysis and advice

Feedback from people in the local board area supports the proposal

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

Percentage support of proposal in the local board area

Proposal

Total support from local board area

Total support from people across Auckland

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

50 per cent (7/14 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

71 per cent (10/14 people)

70 per cent

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

79 per cent (11/14 people)

85 per cent

4a:     Make new rules for the Tamaki River Entrance

57 per cent (8/14 people)

69 per cent

4b:     Make new rules for the Commercial Port Area

79 per cent (11/14 people)

75 per cent

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

64 per cent (9/14 people)

71 per cent

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

93 per cent (13/14 people)

77 per cent

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

79 per cent (11/14 people)

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

93 per cent (13/14 people)

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

21 April 2021 - Kaipātiki Local Board Business Meeting - Summary of public feedback

437

b

21 April 2021 - Kaipātiki Local Board Business Meeting - Public feedback from people in the Kaipātiki Local Board area

459

c

21 April 2021 - Kaipātiki Local Board Business Meeting - Operational and non-bylaw-related feedback

515

d

21 April 2021 - Kaipātiki Local Board Business Meeting - Draft Bylaw Panel deliberations report

517

     

Ngā kaihaina

Signatories

Authors

Fereti Lualua - Policy Analyst

Bayllee Vyle – Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/03981

 

  

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

(b)   a general explanation of—

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

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

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

Horopaki

Context

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

8.       The Governing Body resolved to:

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

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

i)       retaining and updating principles

ii)      retaining a process for complaints

iii)     appointing conduct commissioners

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

v)      defining materiality

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

vii)    providing policies on:

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

B)     confidential information access and disclosure

C)     election year

D)     communications

E)      media

F)      social media

G)     governance roles and responsibilities

H)     working with staff

I)       elected members expenses.

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

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

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

Conduct Commissioner

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

Comments

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

Decisions of the Investigator and Conduct Commissioner

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

Comments

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

Conflict of Interest Policy

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

Comments

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

Confidential information

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

Comments

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

Other feedback

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

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

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

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

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

Additional changes that have been made by staff

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

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

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

Additional changes that might yet be made

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

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

32.     A single Conduct Commissioner would reduce that cost.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Code of Conduct - for local boards

543

b

Craft Code of Conduct - attachments for local boards

563

     

Ngā kaihaina

Signatories

Authors

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - GM Local Board Services

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Auckland Council’s Performance Report: Kaipātiki Local Board for November 2020 to February 2021

File No.: CP2021/02764

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide the Kaipātiki 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 include:

·        commencing the governance capacity building programme for community organisations

·        delivering a Movies in Parks event at Birkenhead War Memorial Park

·        providing scholarships to Kaipātiki secondary schools

·        completing the roof replacement works at Beach Haven Sports Centre

·        completing the play space renewal at Camelot Reserve

·        installing shade sails over the Monarch Park play space

·        completing the bank seating at Shepherds Park

·        holding stakeholder meetings to inform future decisions at Little Shoal Bay.

4.       All operating departments with agreed work programmes have provided an update against their work programme delivery (refer Attachment A). 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 activities are reported with a status of red (behind delivery, significant risk):

·        Arts, Community and Events - CARRY FORWARD: Public firework event

·        Parks, Sport and Recreation – KT: Te Kete Rukuruku tranche two.

5.       The financial performance report compared to budget 2020/2021 is provided as Attachment B to this report. There are some points for the local board to note:

·        Overall, the net operational financial performance of the board is tracking at 84 per cent against revised budget to date. Revenue is above budget for the year to date due to revenue collected at various lease sites and Glenfield Pool and Recreation Centre.  From the local boards’ Locally Driven Initiatives (LDI) funding, the majority of projects are underway and on track to be completed during the year. Capital projects underway or completed include Shepherds Park bank seating, renewal of Beach Haven Sports Centre, Marlborough Park skate park renewal and Le Roy`s Bush/Little Shoal Bay track upgrades.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

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

Horopaki

Context

6.       The Kaipātiki 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

·        Community Facilities: Build Maintain Renew

·        Community Facilities: Community Leases

·        Infrastructure and Environmental Services

·        Plans and Places

·        ATEED.

7.       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

 

8.       Graph 1 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

9.       Graph 2 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

 

10.     Graph 3 below shows the activity status of activities which shows the stage of the activity in each department’s work programme. 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

11.     The key activity updates to report from the November 2020 – February 2021 period are as follows:

Activity name

RAG status

Activity status

November 2020 – February 2021 update

Governance capacity building for community organisations

Green

In Progress

The programme commenced in December 2020. Staff facilitated LEAD to connect with boards and trustees of Kaipātiki-based community organisations and groups.

LEAD has created a robust programme of fundamental governance training, which includes:

-Governance 101 for new trust board members
-Strategic leadership
-Effective decision making
-Partnering with Māori
 -Managing risks and the law
-Stakeholder engagement

The programme will be delivered virtually, face to face, in group sessions and 1:1. Participants who complete at least six sessions will receive certification for the work completed. Three workshops have been delivered to date with 38 registrations with a 71% turn out rate. One of these sessions have been face to face, and two sessions virtual. Currently there are 112 people registered across 9 sessions in the programme. Anecdotal feedback from community organisations involved suggests that the programme is well received.

Movies in Parks Kaipātiki

Green

In Progress

“Trolls World Tour" was screened on 26 February at Harvey Wright Sports Field, Birkenhead to approximately 1,000 people. The Kaipatiki Community Facilities Trust and Pest Free Kaipatiki played an active role on the day organising the pre-entertainment activities. A debrief report will be presented to the local board in March-June.

Kaipatiki Secondary Schools Scholarships

Green

Completed

Scholarships complete. No further actions.

Young Enterprise Scheme (KT)

Green

Approved

2021 Young Enterprise Kick Start Day was hosted at AUT North Campus on 18th & 19th February. All local schools were invited to attend the event. The event attendance information will be provided by the delivery partner Auckland Chamber in mid-April.

Beach Haven Sports Centre - comprehensive renewal

Amber

In Progress

Current status: Roof replacement work was completed in February 2021. Staff are also investigating replacing the ceiling, as there are a lot of loose tiles and the electrical distribution board is not compliant with current standards.

Next steps: Obtain pricing for the additional items and submit request for extra budget to complete the required work.

Camelot Reserve - renewal of Kaipātiki play and sunsmart priorities

Green

Completed

Current status: The playground construction works have been completed and the playground has been re-opened to the public.

Next steps: The small garden bed will be planted in autumn to ensure good plant establishment (which would currently be at risk due to dry weather and drought restrictions).

Local Board Sunsmart priorities for Playspaces

Green

In Progress

Current status: The shade installation at Monarch Reserve has been completed. The required tree pruning work at Rewi Alley Reserve has been delayed and it is now estimated that the final shade sail will be installed in March. A memo for the additional spaces has been submitted and was workshopped with the local board in March 2021.

Next steps: Install shade sails for the additional sites or defer those sites until funds are available.

Fernglen Reserve - renew path and water feature

Green

Completed

Project complete November 2020.

Shepherds Park - install bank seating

Green

Completed

Project complete November 2020.

Little Shoal Bay - implement priority coastal asset options

Green

In Progress

Current status: Several meetings have now been held with the stakeholders. Auckland Council staff are currently progressing with two pieces of work that will inform future discussions, they are:

1. Inundation modelling of Little Shoal Bay/Dudding Park specifically looking at the effects of a raised seawall and operational tidal flap and what influence (or not) these will have on inundation.

2. Soil contamination tests around the old gasworks site and boat hard stand area. The survey was completed in February 2021 and the results/data was expected in March 2021. Staff are still in the process of gathering background information around soil contamination and likely locations of contamination. Once these are known staff will proceed to appoint the required soil contamination specialist to do soil testing and reporting.

Next steps: Obtain the survey results and proceed with modelling.

Kaipātiki - minor sports field asset renewals

Green

Completed

Current status: The cricket fence at Onewa Domain has been renewed.

Next steps: None.

ActivZone - install new handrails for one side of stairs and pathway

Green

Completed

Project complete December 2020.

Kaipātiki Project

Green

In Progress

Kaipātiki Project won a Mayor’s Conservation Award for their involvement in Te Ara Awataha and restoration of the Jessie Tonar Scout Reserve.

Kaipātiki Project have been working regularly with the Street Guardians in conjunction with the Auckland City Mission and Tomorrow Inc. Charity. The Freshwater Activator has been employed. Thirteen schools have been engaged and offered water quality programmes. Two freshwater community trainings have been held with 20 participants attending. Nine sites have been identified at Eskdale Reserve and a restoration plan has been prepared for community management for 2021 and 2022.

Preparations are underway for EcoFest, which runs from 20 March to 18 April 2021 with over 50 events confirmed. Kaipātiki Project are working with the Waterbourne project to run a Wairau Estuary clean up on 6 March 2021.

From July to December 2020 Kaipātiki Project had 797 volunteer visits to the Lauderdale nursery and garden, and volunteers contributed 2,426 hours.

Access to Library services - Kaipātiki

Green

In Progress

Slight decrease in visitor stats and computer usage possibly due to lockdown/COVID. To note, an increase in satisfaction of over 10% during this same timeframe.

Migration of the Council Service Centres from Glenfield and Birkenhead Libraries brought only a few negative comments. All other responses have been positive and many customers happy to learn new online skills from those teams.

Thanks to integration of Auckland Council Customer Service and Libraries, library staff assisted many customers with enquiries regarding rates, rates rebates, use of digital platforms like MyAuckland and the use of digital devices. This service continues and supports our whanau in their life-long learning.

The Work Navigator programme helping the community into employment takes the form of drop-ins and Book A Librarian sessions. Networks & relationships made with other organisations working in this space viz. Walsh Trust/Northern Jobs Hub/WINZ/Literacy Aotearoa/Bizhub.

To keep close to our communities we partner with the following groups whenever we can: Placemakers (Paris)/ Kaipātiki object/Glenfield Genealogy group/Rotary (Santa Parade), Northcote Chinese Network, Gardens 4 Health, Chinese Legal Advice, Bowel Health, Glenfield Leisure Centre, KCFT, WaterSafe, Northcote Op Shop, Northcote Business Association, Panuku, Kāinga Ora, NZ Police.

Skinny Jump training completed and we now offer sign up to Skinny Jump broadband to remove barriers for our community to the digital world.

Regular online programming including Craft time with Cici has regular followers and has been a great way to connect with our community via a digital medium.

Activities with significant issues

12.     The following work programme activities have been identified by operating departments as having significant issues as of 28 February 2021:

Activity name

RAG status

Activity status

November 2020 – February 2021 update

CARRY FORWARD: Public firework event

Red

In Progress

Staff have had no further communications regarding this event. Discussions had with strategic broker team and have removed from the WP for 21/22 as staff do not recommend the event taking place.

KT: Te Kete Rukuruku tranche two

Red

Cancelled

No progress. Tranche two deferred pending adoption of tranche one names. The local board were advised in December 2020 that budget was available for reallocation.

Activities on hold

13.     The following work programme activity has been identified by operating departments as on hold as of 28 February 2021:

Activity name

RAG status

Activity status

November 2020 – February 2021 update

Birkenhead War Memorial Park - shared path

Green

On Hold

Current status: Project is on hold.

Next steps: Commence in FY22 after funding is provided.

Changes to the local board work programme

Deferred activities

14.     There were no activities deferred from the 2020/2021 work programme in the November 2020 – February 2021 period.

Cancelled activities

15.     There following activity was cancelled from the 2020/2021 work programme in the November 2020 – February 2021 period.

Activity name

RAG status

Activity status

November 2020 – February 2021 update

KT: Te Kete Rukuruku tranche two

Red

Cancelled

No progress. Tranche two deferred pending adoption of tranche one names. The local board were advised in December 2020 that budget was available for reallocation.

16.     If the local board supports progressing tranche two of Te Kete Rukuruku following the completion of tranche one, the tranche two budget can be carried forward to the 2021/2022 financial year, and beyond if required, to fund its delivery.

Activities merged with other activities for delivery

17.     There was no merging of activities from the 2020/2021 work programme in the November 2020 – February 2021 period.

Activities with changes

18.     There were no changes to activities from the 2020/2021 work programme in the November 2020 – February 2021 period that required formal approval by the board.

19.     There were no activities in the in the November 2020 – February 2021 period that were amended under staff delegation to reflect minor changes.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

21.     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

22.     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

23.     This report informs the Kaipātiki Local Board of performance for the period November 2020 to February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

24.     A number of the activities in the local board work programmes positively impact Māori. Below are the updates on the activities that have a direct Māori outcome focus:

Activity name

RAG status

Activity status

 

November 2020 – February 2021 update

Manaakitanga

Green

In Progress

 

Auckland-wide community-led Waitangi Day 2021 celebrations were cancelled for two of the four locations, including the North Shore celebration, due to issues arising from COVID-19.

The Community Empowerment Unit pivoted quickly to respond to aspirations to increase cultural knowledge and kaupapa Māori practices in the Kaipātiki Local Board area. Ngati Whatua Ōrākei Whai Maia will be contracted from March 2021 to deliver Takina sessions for Kaipātiki Local Board members and staff. Takina is a new, innovative, and highly successful programme to learn te reo Māori me te ona tikanga. This work supports Māori community aspirations to engage meaningfully in upcoming hui with the wider Māori community in Kaipātiki.

Kaipātiki Project has submitted its strategic vision and schedule of Mātauranga Māori programme of work, and has created a comprehensive Māori responsiveness plan for the organisation. In 2020/2021 part two: He Mātauranga Māori a Kaipātiki Project mō te Pātaka Kai will be delivered in collaboration with the local Māori community.

Whakatipu i te reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori - Kaipātiki

Green

In Progress

 

Team Members at Northcote Library have embraced the opportunity of a 10 week Te Reo course. Morning hui have expanded to include lessons.

To honour the Treaty we took the opportunity to showcase our Maori collections. Collaboration with Nga Taonga Sound&Vision continues, this time with "Reflecting on Waitangi" heritage footage played on screens in our libraries.

Feedback from Te Reo learners has seen increased space in the Māori Tamariki Collection. The adult Māori Collection area at Northcote Library has also been improved through the addition of furniture to support small groups wishing to gather to practice their reo.

CARRY FORWARD KT: Te Kete Rukuruku (Māori naming of parks and places) tranche one

Amber

In Progress

 

Discussions are underway with iwi about which names are fully supported. Staff expect delivery of some names prior to 30 June. We recommend the budget is carried forward to complete delivery of tranche one in 2021/2022.

KT: Te Kete Rukuruku tranche two

Red

Cancelled

 

No progress. Tranche two deferred pending adoption of tranche one names. The local board were advised in December 2020 that budget was available for reallocation.

Ngā ritenga ā-pūtea

Financial implications

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

Financial Performance

26.     Operating expenditure relating to Asset Based Services (ABS) is tracking below budget by $1.1 million for the year to date, while the LDI operational projects are currently $172,000 below budget. 

27.     Capital spend of $2.2 million represents investments in a range of projects, including bank seating at Shepherds Park, renewal of Beach Haven Sports Centre, Marlborough Park skate park renewal and Le Roy`s Bush/Little Shoal Bay track upgrades.

28.     The complete Kaipātiki Local Board Financial Performance report can be found in Attachment B to this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

29.     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.

30.     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

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Kaipātiki work programme update, November 2020 - February 2021

651

b

21 April 2021 - Kaipātiki Local Board Business Meeting - Kaipātiki financial performance update, November 2020 - February 2021

687

     

Ngā kaihaina

Signatories

Authors

Paul Edwards - Senior Local Board Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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21 April 2021

 

 

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Kaipātiki Local Board

21 April 2021

 

 

Review of Kaipātiki Local Board appointments to external community organisations - 2019-2022

File No.: CP2021/02765

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Kaipātiki Local Board with an opportunity to review its appointments to external community organisations for the 2019-2022 political term.

Whakarāpopototanga matua

Executive summary

2.       Elected members participate as representatives of the local board on a number of external community and national organisations.

3.       At its 11 December 2019 business meeting, the local board received a report titled 'Appointment of local board members to external community organisations', which provided advice on the context, background and process to make appointments to external community organisations.

4.       At that business meeting, the local board made appointments to eleven external community organisations that receive annual contract grants from the board (resolution number KT/2019/238). Since then, the local board has made two further appointments to external community organisations – one at its 19 February 2020 business meeting (resolution number KT/2020/10) and the other at its 9 December 2021 business meeting (resolution number KT/2020/224).

5.       For the 2019-2022 political term, the local board has agreed the following set of expectations of members undertaking their role as local board appointments (resolution number KT/2019/238):

·        providing updates to the external organisation on Auckland Council and local board activities, plans and projects

·        communicating to the other local board members by providing information on the activities, plans and projects of the external organisation, preferably in the form of a Members Report on a business meeting agenda which maintains public transparency

·        ensuring that the collective board view on issues is represented

·        being the first point of contact, from a governance perspective, for the external organisation

·        committing to attend most of the external organisation's governance meetings

·        being responsive in communication with the external organisation.

6.       The local board also agreed that, to avoid potential conflicts of interest, elected members appointed to any outside organisation do not exercise any voting rights conferred by the external organisation board (resolution number KT/2019/238).

7.       The local board noted the intention to review the appointments to external community organisations at its 17 March 2021 business meeting. This date was chosen as it was roughly the halfway point of the 2019-2022 political term. Staff oversight in report scheduling has meant that the opportunity to review the appointments is being presented a month later than anticipated.

8.       The current list of Kaipātiki Local Board appointments to external community organisations is provided in the table below:

External organisation

Reason for appointment

Date of appointment

Member appointed

Bayview Community Centre

Annual contract grant recipient

11/12/2019

Cindy Schmidt

Birkdale Beach Haven Community Project

Annual contract grant recipient

11/12/2019

Ann Hartley

Birkenhead Town Centre Association

Annual contract grant recipient

11/12/2019

Adrian Tyler

Glenfield Community Centre Governance Group

Annual contract grant recipient

11/12/2019

Andrew Shaw

Hearts & Minds NZ

Annual contract grant recipient

11/12/2019

Cindy Schmidt

Highbury Community House

Annual contract grant recipient

11/12/2019

Melanie Kenrick

Kaipātiki Community Facilities Trust (liaison-only position)

Annual contract grant recipient

11/12/2019

Paula Gillon

Kaipātiki Project

Annual contract grant recipient

11/12/2019

Deputy Chairperson Danielle Grant

Kaipātiki Youth Development Trust

Annual contract grant recipient

11/12/2019

Adrian Tyler

The Northart Society Incorporated

Annual contract grant recipient

11/12/2019

Melanie Kenrick

Northcote Town Centre Incorporated

Annual contract grant recipient

11/12/2019

Deputy Chairperson Danielle Grant

Pest Free Kaipātiki Restoration Society

Annual contract grant recipient

19/02/2020

Chairperson John Gillon

Chelsea Regional Park Association Incorporated

Due to local board’s desire to progress Chelsea Estate Heritage Park becoming a regional park

9/12/2020

Melanie Kenrick

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      review its appointments to external community organisations for the 2019-2022 political term.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Authors

Paul Edwards - Senior Local Board Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

Wairau catchment working group meeting, Monday 15 March, 2021

File No.: CP2021/02691

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

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

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

ii)     Industrial Pollution Prevention Programme PowerPoint presentation.

iii)    Auckland Council Healthy Waters PowerPoint presentation.

iv)   Urban Sediment Concerns PowerPoint Presentation.

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Wairau catchment working group March 15 2021 Agenda

697

b

21 April 2021 - Kaipātiki Local Board Business Meeting - Wairau catchment working group March 15 2021 meeting notes and action points

699

c

21 April 2021 - Kaipātiki Local Board Business Meeting - Industrial Pollution Prevention Programme PowerPoint presentation.

703

d

21 April 2021 - Kaipātiki Local Board Business Meeting - Auckland Council Healthy Waters PowerPoint presentation

719

e

21 April 2021 - Kaipātiki Local Board Business Meeting - Urban Sediment Concerns PowerPoint Presentation

741

f

21 April 2021 - Kaipātiki Local Board Business Meeting - Water Quality Targeted Rate Proposal LTP 2021 PowerPoint presentation

763

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

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21 April 2021

 

 

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21 April 2021

 

 

Kaipātiki Local Board Chairperson's Report

File No.: CP2021/02692

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the Kaipātiki Local Board Chairperson to update members on recent activities, projects and issues since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the chairperson’s report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

Members' Reports

File No.: CP2021/02693

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note any verbal reports of members.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

Governing Body and Independent Maori Statutory Board Members' Update

File No.: CP2021/02694

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for Governing Body and Independent Maori Statutory Board members to update the board on Governing Body or Independent Maori Statutory Board issues, or issues relating to the Kaipātiki Local Board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Governing Body and Independent Maori Statutory Board members’ verbal updates.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

Governance Forward Work Calendar

File No.: CP2021/02695

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on reports to be presented to the board for 2020 and an overview of workshops scheduled for the month ahead.

Whakarāpopototanga matua

Executive summary

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

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

·    clarifying what advice is expected and when; and

·    clarifying the rationale for reports.

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

4.       The May – June 2021 governance forward work calendar for the Kaipātiki Local Board is provided as Attachment A to the agenda report.

5.       The April - May 2021 workshop forward work plan for the Kaipātiki Local Board is provided as Attachment B to the agenda report. Scheduled items may change at short notice depending on the urgency of matters presented to the local board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Kaipātiki Local Board May - June 2021 governance forward work calendar and April - May 2021 workshop forward work plan.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - Governance Forward Work Calendar

781

b

21 April 2021 - Kaipātiki Local Board Business Meeting - Workshop Forward Work Plan

783

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

PDF Creator


Kaipātiki Local Board

21 April 2021

 

 

PDF Creator


Kaipātiki Local Board

21 April 2021

 

 

Workshop Records - Kaipātiki Local Board - March 2021

File No.: CP2021/02699

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this report is to record the Kaipātiki Local Board workshop held on Wednesday 10 March and Wednesday 24 March 2021.  

Whakarāpopototanga matua

Executive summary

2.       At the workshop held on Wednesday 10 March 2021, the workshop session was on:

·      Connected Communities

-     Kaipātiki Community Facilities Trust work programme

·      Public feedback on new Navigation Bylaw

3.       At the workshop held on Wednesday 24 March 2021, the workshop session was on:

·      Draft local board work programmes 2021/2022 – Opex and Capex

4.       The workshop that was scheduled for Wednesday 3 March 2021 was cancelled due to being in COVID-19 alert level three.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the record for the Kaipātiki Local Board workshop held on Wednesday 10 March and Wednesday 24 March 2021.  

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 April 2021 - Kaipātiki Local Board Business Meeting - 10 March 2021 Workshop Record

787

b

21 April 2021 - Kaipātiki Local Board Business Meeting - 24 March 2021 Workshop Record

789

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

21 April 2021

 

 

PDF Creator


Kaipātiki Local Board

21 April 2021

 

 

PDF Creator

PDF Creator



[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.