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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 27 April 2021

10.00am

Local Board Office
7-13 Pilkington Road
Panmure

 

Maungakiekie-Tāmaki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Chris Makoare

 

Deputy Chairperson

Debbie Burrows

 

Members

Don Allan

 

 

Nerissa Henry

 

 

Peter McGlashan

 

 

Maria Meredith

 

 

Tony Woodcock

 

 

(Quorum 4 members)

 

 

 

Tracey Freeman

Democracy Advisor

 

22 April 2021

 

Contact Telephone: 021 537 862

Email: Tracey.Freeman@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

8.1     Reading Warrior - David Riley                                                                            5

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Governing Body Member's Update                                                                              7

12        Chairperson's Report                                                                                                    9

13        Board Member's Reports                                                                                            13

14        New community lease to RNZ Plunket Trust Mt Wellington Highway                   15

15        New community lease to the Wainui Sea Scouts                                                    23

16        Maungakiekie-Tāmaki Local Board Grants Programme 2021/2022                       31

17        Statement of proposal to amend the Animal Management Bylaw and controls  39

18        Proposal to make a new Public Trading and Events Bylaw                                 141

19        Public feedback on proposal to make new navigation rules                                223

20        Proposal to vary the Regional Fuel Tax (RFT) scheme                                         313

21        Draft Statement of Expectations for Council-controlled Organisations             367

22        Auckland Council’s Performance Report: Maungakiekie-Tāmaki Local Board for November 2020 to February 2021                                                                            383

23        Urgent decision - Reallocation of Maungakiekie-Tāmaki Local Board's 2020/2021 locally driven initiative operating expenditure                                                       441

24        Governance Forward Work Calendar                                                                      451

25        Record of Maungakiekie-Tāmaki Local Board Workshops                                  455

26        Consideration of Extraordinary Items

 


1          Welcome

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

 

4          Confirmation of Minutes

 

That the Maungakiekie-Tāmaki Local Board:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 23 March 2021, including the confidential section, 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 Maungakiekie-Tāmaki Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

8.1       Reading Warrior - David Riley

Te take mō te pūrongo

Purpose of the report

1.       Providing David Riley of Reading Warrior the opportunity to present to the board on a book he is writing with one of the local primaries in Tāmaki on the topic "Where I Live". It's a celebration of the homes, streets and community.   

Whakarāpopototanga matua

Executive summary

2.       As per standing orders the Chairperson has approved the deputation request from David Riley.

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      thank David Riley for his attendance.

Attachments

a          Reading Warrior - David Riley...................................................................... 463

 

 

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.”


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Governing Body Member's Update

File No.: CP2021/03302

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To update the Maungakiekie-Tāmaki Local Board on local activities that the Governing Body representative is involved with.

Whakarāpopototanga matua

Executive summary

2.       To provide the Governing Body Member an opportunity to update the Maungakiekie-Tāmaki Local Board on regional matters.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      receive the Governing Body Member’s update.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Author

Tracey Freeman - Democracy Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Chairperson's Report

File No.: CP2021/03303

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To keep the Maungakiekie-Tāmaki Local Board informed on the local activities that the Chairperson is involved with.

Whakarāpopototanga matua

Executive summary

2.       Providing the Chairperson with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      receive the Chairperson’s report for April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Chairperson Chris Makoare Monthly Update Report April 2021

11

     

Ngā kaihaina

Signatories

Author

Tracey Freeman - Democracy Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

PDF Creator

PDF Creator


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Board Member's Reports

File No.: CP2021/03304

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To keep the Maungakiekie-Tāmaki Local Board informed on the local activities that the local board members are involved with.

Whakarāpopototanga matua

Executive summary

2.       Providing board members with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      receive the board members report.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Tracey Freeman - Democracy Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

New community lease to RNZ Plunket Trust Mt Wellington Highway

File No.: CP2021/04029

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To grant a new community lease to Royal New Zealand Plunket Trust, for the council-owned building and land at 139 Mt Wellington Highway, Mt Wellington.

Whakarāpopototanga matua

Executive summary

2.       The Royal New Zealand Plunket Society Incorporated, holds a community lease with Auckland City Council, commencing 1 January 2006 for 15 years with a final expiry 31 December 2020.

3.       The lease is for an area of approximately 199.5 m² shown in Attachment A hatched in white and situated at 139 Mt Wellington Highway, Mt Wellington. The land is legally described as Section 1 SO 41321 and contained in Certificate of Title NA64A/714 held in fee simple by the Auckland Council under the Local Government Act 2002.

4.       In 2017 all leases for Plunket sites were assigned to a new entity, the Royal New Zealand Plunket Trust (Plunket).

5.       The current lease is holding over on a monthly basis. The group applied for a new lease in 2020.

6.       The proposed lease was workshopped with the local board in November 2020 which directed that a report be provided at a future business meeting. The board indicated the possibility of foregoing the expression of interest process as the activities of the group are the best use of the premises, offering services which continue to be beneficial to a significant number of families in the community.

7.       Sections 138 and 81(1) of the Local Government Act 2002 requires council to consult with the community and iwi before granting a lease.  Iwi engagement and public notification are underway.

8.       This report recommends that the Maungakiekie-Tāmaki Local Board approve a new community lease to the Royal New Zealand Plunket Trust for a term of five years with one (1) five (5) year right of renewal.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      agrees not to call for expressions of interest for the proposed lease of the available area.

b)      confirms the public notification and iwi consultation of the intent to grant a lease to Royal New Zealand Plunket Trust.

c)      subject to the satisfactory resolution of any submissions, and completion of iwi engagement, grant a new community lease to the Royal New Zealand Plunket Trust, for the council-owned building and land comprising approximately 199.5 m², shown in Attachment A hatched in white, described as Section 1 SO 41321 and contained in Certificate of Title NA64A/714, at 139 Mt Wellington Highway, subject to the following terms:

i)        term – five (5) years commencing on 1 March 2020 with one (1) five (5) year right of renewal 

ii)       rent – $1 plus GST per annum if demanded

iii)      maintenance fee - $500 plus GST per annum

d)      delegate authority to the Chair and Deputy Chair to approve the Royal New Zealand Plunket Trust Community Outcomes Plan to be attached to the lease as a schedule.

e)      all other terms and conditions in accordance with Auckland Council’s Community Occupancy Guidelines 2012 and the Local Government Act 2002.

 

Horopaki

Context

9.       The Maungakiekie-Tāmaki Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

10.     The lease to The Royal New Zealand Plunket Trust fully expired on 31 December 2020. The group have indicated they wish to continue the same activities at the premises and there is a continued need for their services in the community. 

11.     The current lease is holding over on a monthly basis.  Plunket have applied for a new lease to authorise their occupation in the council-owned building.

Tātaritanga me ngā tohutohu

Analysis and advice

The Land and Building

12.     The leased building and land at 139 Mt Wellington Highway, Mt Wellington, is legally described as Section 1 SO 41321 contained in Certificate of Title NA64A/714 and held in fee simple by the Auckland Council under the Local Government Act 2002. The lease area is approximately 199.5 m² in area.

13.     Plunket have occupied the site since 2006, and the building is primarily used to as their main operations and administrative headquarters – an office for nurses and midwives to base themselves between clinic and home visits, to hold staff training days and meetings, host support groups, educational courses and health promotion initiatives.

14.     A site visit has been undertaken and the premises are well managed and maintained.  Although the building is council-owned, Plunket have invested in repairing ceiling leaks, water damaged walls, and repainting the interior.

Royal New Zealand Plunket Trust

15.     Plunket is a national not-for-profit organisation, that is community owned and governed.  Plunket provides a caring, professional well child and whanau service committed to providing access to services for all children and families regardless of ethnicity, location, or financial situation. This is at the heart of who Plunket is and provides a positive environment for parents. It is the leading provider of well child and family health services in New Zealand.

16.     Plunket was founded 14 May 1907 in Dunedin by child health visionary, Sir Frederic Truby King. His vision was to help mothers and save the babies who were dying from malnutrition and disease.  By May 1908 a branch of the new society had been formed in each of the four main centres in NZ. The work succeeded in attracting the patronage of the influential Victoria Plunket - wife of then Governor-General and mother of eight. The society took the name 'Plunket', after Lady Plunket.

17.     Plunket’s programmes have been designed to support whānau with young children and offers a range of activities including clinical health services, support groups and initiatives, educational courses, health promotion, and developmental assessments of children at varying stages between birth and five years.

18.     Plunket visits can take place at pre-schools, marae and other community facilities.  Each visit gives parents the opportunity to discuss parenting and whānau issues and children’s health and development. 

19.     The Plunket strategy focuses on the first 1000 days of a child’s life. The organisation has a strong, proud history that demonstrates their importance to kiwi families and they fully intend to remain an integral part of raising kiwi children for the next 100 years.

20.     Their aim is to become a single, cohesive national organisation grounded on evidence and best practice with the needs of New Zealand families and whānau at the centre of everything they do.

Lease Application

21.     The community lease between Plunket and Auckland Council commenced on 1 January 2006 for a term of 15 years and finally expired on 31 December 2020. The lease has been holding over on a month-by-month basis on the same terms and conditions. 

22.     Plunket is seeking a new lease to continue their activities and services. The proposed lease area is shown hatched in white on Attachment A.

23.     The group has submitted a comprehensive application and is able to demonstrate its viability to deliver services.  Its programmes support the local board plan outcomes and provide the best utilisation of this space.

24.     Plunket is financially viable and audited accounts show proper accounting records have been kept.

25.     There are no changes to the use or operational activities being conducted on the land.

26.     A community outcomes plan is being negotiated with the group that identifies the benefits it will provide to the community.  This will be attached as a schedule to the lease document when complete and approved by the Chair and Deputy Chair.

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

28.     The group has all necessary insurance cover, including public liability insurance in place.

29.     After assessing the lease application and meeting with the group’s representatives, staff advise that the group qualifies for a new community lease by virtue of the following:

·      Its activities support the Maungakiekie-Tāmaki Local Board Plan 2020 outcome: Our diverse communities are active, involved and engaged

·      The group’s activities are regarded as being the best use of the premises, offering services beneficial to a significant number of families within the community. There is a need for their services in this area

·      The financial accounts have sufficient reserves to cover its operating costs with no declared contingent liabilities

·      It is not in breach of the current occupancy agreement.

30.     The application for a new lease was workshopped with the local board in November 2020. The Community Occupancy Guidelines 2012 recommends that expressions of interest to occupy council-owned buildings be called for, the local board may decide to forego this process if it believes that the current group’s activities is the best utilisation of the space.

31.     Community groups with exclusive occupancy of council-owned buildings are required to pay an annual subsidised maintenance fee of $500 per annum for leased space over 100m² and less than 500m². The amount charged to groups is a contribution towards the direct costs council incurs for the occupation of the building by the group.

32.     This report recommends the Maungakiekie-Tāmaki Local Board grant a new community lease to Plunket for a term of five (5) years with a one (1) five (5) year right of renewal.  

Tauākī whakaaweawe āhuarangi

Climate impact statement

33.     There is no impact on Green House Gas emissions as the proposal does not introduce any new source of emissions.

34.     Climate change may impact the lease. Although the site is not in a designated flooding zone it is within a couple of hundred metres (two properties) away from it.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35.     The proposed new community lease was workshopped in November 2020 with the Maungakiekie-Tāmaki Local Board.  The local board directed that this matter proceed by way of a report to a business meeting without the need for an expression of interest process.

36.     An expression of interest process is usually undertaken when a new lease is available to ensure the highest and best use is accommodated.  The local board may forego this process if it believes the activities of the group are the best use of the premises.

37.     Before granting a lease of longer than six months, section 138 of the Local Government Act 2002 requires council to consult with the community on the proposal. This is done by way of advertising in the local newspaper and on the council website. 

38.     The local board is the allocated authority to approve the granting of a new community lease. 

39.     The recommendations within this report support the Maungakiekie-Tāmaki Local Board Plan 2020 outcome that the Maungakiekie- Tāmaki community is active, involved and engaged.

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

Local impacts and local board views

40.     This is an approved item on the Community Facilities Work Programme for 2020/2021.

41.       When the lease of a council owned building reaches final expiry, staff recommend that an expression of interest to occupy the building be undertaken. The report recommends that an expression of interest be undertaken and staff note that the incumbent group wishes to continue their activities at the location. The board at its November workshop indicated the possibility of foregoing this process as the activities of the group are the best use of the premises, offering services which continue to be beneficial to a significant number of families in the community.

42.     Plunket actively supports whanau Māori to achieve and maintain their maximum health and wellbeing.  Plunket do this by providing a quality health service, and by working closely with others in the health sector.

Tauākī whakaaweawe Māori

Māori impact statement

43.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi which are articulated in the council’s key strategic planning documents, the Auckland Plan, the 10-year Budget 2018-2028, the Unitary Plan and local board plans.

44.     An aim of community leasing is to increase targeted support for Māori community development. This proposal seeks to improve access to facilities for all Aucklanders, including Māori living in the Maungakiekie-Tāmaki area.

45.     Plunket connect with Māori whānau through Plunket nurse visits, Kaiāwhina or Community Karitāne visits, toy librarys, playgroups, family centres, coffee groups, PEPE parenting groups, education courses in schools, antenatal classes, volunteer groups, and Plunket mobile bus clinics. Plunket has a long history of working with a number of Māori and Iwi organisations so that they are able to refer whānau to a wide range of services and support in the community.

46.     Plunket aims to enhance Te Reo Māori through using it in Plunket resources for whānau. There have been several projects that focused on te reo such as Parenting Thru Te Reo CDs and the translation of an NZQA Education in schools parenting course module for secondary schools.

47.     The Māori Health Team also provides Iti noa, he pito mata, a training programme for Kaiāwhina, PEPE, Parenting As First Teachers (PAFT) educators and Iwi/Māori community workers from across the country.

48.     Section 81(1) of the Local Government Act 2002 requires council to consult with iwi before granting a lease.  Iwi engagement is in progress.

Ngā ritenga ā-pūtea

Financial implications

49.     The cost of public notification of council’s intent to grant a lease, and the cost of iwi engagement is borne by Community Facilities and Auckland Council.  The cost of hearing process from public submissions, should one be required, may incur additional cost.

50.     The current lease has a rental of $250 plus GST per annum. 

51.     The report recommends a rental of one ($1) plus GST per annum together with a maintenance fee of $500 per annum. This means there is a net increase to the board’s revenue of $249 per annum. 

52.     Council staff sought advice and input from the local board Lead Financial Advisor and received positive feedback. There are no further financial implications for the board.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

53.     If a new community lease is not granted to Plunket the lease will continue to hold over on a month by month basis.  This will inhibit Plunket’s ability to plan and develop programmes specifically designed for the local community and continue to deliver its services to the community with surety.

Ngā koringa ā-muri

Next steps

54.     Subject to the grant of a new community lease, staff will work with Plunket to finalise the community outcomes plan and community lease agreement.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A Site Plan of leased premises

21

     

Ngā kaihaina

Signatories

Author

Valerie Vui - Community Lease Advisor

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

PDF Creator


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

New community lease to the Wainui Sea Scouts

File No.: CP2021/04059

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To grant a new community lease to The Scout Association of New Zealand Incorporated – Wainui Sea Scout Group, for the land at Allenby Reserve, 50-52 Allenby Road, Panmure.

Whakarāpopototanga matua

Executive summary

2.       The Scout Association of New Zealand Incorporated seeks a new community lease for the land at Allenby Reserve, 50-54 Allenby Road, Panmure.

3.       The group holds a community lease with Auckland Council.  The lease commenced on 1 July 1997 for an initial term of 10 years with one, five year right of renewal with a final expiry on 30 June 2012. The lease is holding over on a month by month basis on the same terms and conditions. 

4.       The lease is for the land comprising approximately 415m² more or less shown in Attachment A outlined in yellow and situated at 50-54 Allenby Road, Panmure, descried as being Allotment 46 Section 3 Village of Panmure - NA12B/450, held by the Department of Conservation as a classified local purpose (site for scout hall) reserve and vested in the Auckland Council, in trust, for that purpose under the Reserves Act 1977.

5.       The Panmure Scout Group vacated the site in 2017 as a result of a decline in its membership.  In 2018, the Wainui Sea Scout Group, another subsidiary of the Scout Association, relocated to the site after arson destroyed their former clubroom at Boundary Reserve, Pt England.

6.       The Wainui Sea Scout Group with the support of The Scout Association have submitted a comprehensive lease application.  Staff have assessed the application and are satisfied that the requirements under Auckland Council’s Community Occupancy Guidelines 2012 have been met.

7.       As the building is owned by the Scouts, expressions of interest to occupy the site is not required. 

8.       The group and its activities are contemplated in the Allenby Road Reserve Management Plan 1982, public notification of the intent to grant a new lease is therefore not required. Further the classification is local purpose reserve which does not required public notification.

9.       This report recommends that subject to iwi engagement, the Maungakiekie-Tāmaki Local Board approve a new community lease to The Scout Association of New Zealand Incorporated – Wainui Sea Scout Group.

10.     The recommendations within this report aligns with the Local Board Plan 2020 outcome: Our diverse communities are active, involved and engaged.

11.     The group’s proposal was workshopped with the local board who directed that this matter proceed by way of a business report to one of its future business meetings. 

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      subject to the successful completion of iwi engagement, grant a new community lease to The Scouts of New Zealand Incorporated – Wainui Sea Scout Group, for Allotment 46 Section 3 Village of Panmure on Certificate of Title NA12B/450, shown in Attachment A, outlined in yellow, subject to the following terms:

i)        term – ten (10) years commencing on 1 March 2021 with one (1) ten (10) year right of renewal 

ii)         rent – $1.00 plus GST per annum if demanded

iii)      inclusion of a Treaty of Waitangi settlement clause as the land may be subject to a settlement claim in the future.

iv)      all other terms and conditions in accordance with Auckland Council’s Community Occupancy Guidelines 2012 and the Reserves Act 1977.

v)      the group’s approved Community Outcomes Plan be attached to the lease document.

b)      delegate authority to the Chair and Deputy Chair to approve The Scouts Association of New Zealand Incorporated – Wainui Sea Scout Group Community Outcomes Plan to be attached to the lease as a schedule.

 

Horopaki

Context

12.     The Maungakiekie-Tāmaki Local Board is the allocated authority relating to local, recreation, sport and community facilities, including community leasing matters.

13.     The lease to The Scouts of New Zealand Incorporation fully expired on 30 June 2012. The group have indicated they wish to continue the same activities at the premises and there is a continued need for their services in the community. 

Tātaritanga me ngā tohutohu

Analysis and advice

14.     The Scouts of New Zealand Association Incorporated holds a community lease for the land situated at Allenby Reserve, 50-54 Allenby Road, Panmure, legally described as Allotment 46 Section 3 Village of Panmure - NA12B/450, held by the Department of Conservation as a classified local purpose (site for scout hall) reserve, and vested in the Auckland Council, in trust, for that purpose under the Reserves Act 1977, and consists of approximately 415m² more or less shown in Attachment A outlined in yellow.

15.     The building is primarily used to provide club activities and programmes to its members. It is also hired out to a local yoga group on Monday evenings and to a local church group on Sunday mornings; and is available for hire to the local community during the times and days not utilised by the group.

16.     The buildings on the land consists of a hall and garage.  The buildings and improvements are owned by the Scouts. A site visit has been undertaken and the premises are well managed and maintained.  Since occupying the premises in 2018, the Wainui Sea Scout Group have repaired and replaced the roof, replaced the lavatories, installed and fitted out a kitchen, repaired the garage and plumbing, installed fire alarms and extinguishers and set out assembly points.

The Scout Association – Wainui Sea Scout Group

17.     The Scouts Association was incorporated under The Scout Association of New Zealand Act 1956.  It is also a registered charitable entity since 3 July 2007. The Association has 20,000 registered members, 4000 part time volunteers, with 66% of its members between the ages of 5 and 21 years old.

18.     The main purpose of the organisation is to empower youth through adventurous experiences to lead lives that make a positive difference, where members grow to be self-fulfilled as individuals and play a constructive role in society. There are four key cornerstones in the Scouts Movement, which are all realised through outdoor experience including: outdoors, community, personal development, and new experiences.

19.     The Scouts Association has a rich New Zealand history, with scouting starting in New Zealand in 1908 and spreading rapidly throughout the country.  The Wainui Sea Scout Group, a subsidiary of the Scouts, has been active in the local community since 1944. Aside from its scouting programmes, they participate in local conservation projects and supporting the SPCA.

20.     Programmes and activities are provided to all school year one children right up to Rovers aged 18 to 26 years. The programmes help members to develop physically, emotionally, socially and spiritually in a safe environment where they are encouraged to be themselves and helped to develop confidence to reach their full potential. Activities involve camping, sailing, outdoor endeavours as well as skill-based learning through the badge system. The programmes are run and organised by volunteers.

21.     Wainui Sea Scout programmes support the local board plan outcomes and provide the best utilisation of this space.

Lease Application

22.     The community lease between the Scouts Association and Auckland Council an initial term of 10 years with one, five year right of renewal with a final expiry on 30 June 2012. The lease has been holding over on a month by month basis on the same terms and conditions. 

23.     The Panmure Scout Group vacated the site in 2018 after a decline in its membership. The Wainui Sea Scout Group who were based at Boundary Reserve relocated to Allenby Reserve following the destruction of their clubroom by arson.

24.     The Scouts Association through its Wainui Sea Scout Group is seeking a new lease to continue their activities and services. The proposed lease area is shown hatched in white on Attachment A.

25.     The group has submitted a comprehensive application and are able to demonstrate its viability to deliver services.

26.     The group is financially viable and audited accounts show proper accounting records have been kept.

27.     A community outcomes plan is being negotiated with the group that identifies the benefits it will provide to the community.  This will be attached as a schedule to the lease document when complete and approved by the Chair and Deputy Chair.

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

29.     The group has all necessary insurance cover, including public liability insurance in place.

30.     After assessing the lease application and meeting with the group’s representatives, staff advise that the group qualifies for a new community lease by virtue of the following:

·      Its activities support the Maungakiekie-Tāmaki Local Board Plan 2020 outcome: Our diverse communities are active, involved and engaged.  

·      The financial accounts have sufficient reserves to cover its operating costs with no declared contingent liabilities.

·      It sustains its activities predominantly through a combination of membership fees, grants and hall hireage.

31.     The application for a new lease was workshopped with the local board who informally indicated support for the group’s application. The building is tenant-owned and expressions of interest to occupy the site are thereby not required.

32.     As the group and its activities are contemplated in the Allenby Reserve Management Plan 1982, public notification of the intent to grant a new lease is also not required.

33.     This report recommends that a new lease be granted to The Scouts of New Zealand Association Incorporated – Wainui Sea Scout Group, for an initial term of ten (10) years with one (1) ten (10) year right of renewal, subject to completion of iwi engagement and conditions. 

Tauākī whakaaweawe āhuarangi

Climate impact statement

34.     There is no impact on Green House Gas emissions as the proposal does not introduce any new source of emissions.

35.     Climate change is likely to impact the lease as the site sits within a flooding zone and is right next to the Tamaki River.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

36.     The proposed new lease has no identified impacts on other parts of the council group. The views of council controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

37.     This is an approved item on the Community Facilities Work Programme for 2020/2021. The application for a new lease was workshopped with the local board which directed that a report be prepared for a future business meeting.

38.     An expression of interest process is not required as the building and improvements is owned by the Scouts Association.  The group and its activities are contemplated in the Allenby Reserve Management Plan 1982, public notification of the intent to grant a new lease is therefore not required.

39.     The Maungakiekie-Tamaki Local Board is the allocated authority to approve the granting of a new community lease. 

Tauākī whakaaweawe Māori

Māori impact statement

40.     An aim of community leasing is to increase targeted support for Māori community development. This proposal seeks to improve access to facilities for all Aucklanders, including Māori living in the Maungakiekie-Tāmaki area.

41.     Iwi consultation is in progress and the proposed new lease is subject to the completion of the Iwi engagement process.

42.     The new lease should include a Treaty of Waitangi settlement clause. Although vested in council for local purpose reserve activities, the land is held by the Department of Conservation and may be subject to a treaty settlement claim in the future. Inclusion of the clause notifies tenants of this possibility. 

43.     The Scout movement is a multi-cultural all-embracing organization who accepts children of all races and religion. The Scout law and promise is in Te Reo, and there are culturally based badges within the Scouts award scheme. The Scout Association actively seeks to widen the inclusion of Maori in the movement, the challenge they are presently working on is how to make scouting attractive in the face of many competing activities available to young Maori people these days.

44.     Just under 900 registered members (4 percent) of the association members identify as being Maori.

Ngā ritenga ā-pūtea

Financial implications

45.       Council staff sought advice from the Local Board’s Lead Financial Advisor about the financial matters and received the following feedback. There is no financial impact to the local board if a new lease is granted to Wainui Sea Scout Group with a rent of $250 per annum and no maintenance fee.

46.     The proposed new rental of $1 per annum versus the current rent of $250 per annum means there will be a shortfall of $249 per annum in the Local Board’s revenue account. If the board approves a rental of $1 per annum the shortfall will need to be met from the local board’s revenue account for the duration of the lease period. Rental income has been formulated based on regional-wide baseline service levels and budgets.  When rents are amended by local boards, it affects the net operating budget and the difference must be made up from the discretionary operating fund allocation.

47.     The Board indicated their informal support for a peppercorn rental to align a new lease with other similar leases in the area, and with the Community Occupancy Guidelines 2012. There is no maintenance fee charged as the club owns the building and is therefore responsible for the cost of maintenance.

48.     The cost of iwi engagement is borne by Community Facilities and Auckland Council. 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49.     If a new community lease is not granted to the group the current lease will continue to roll over on a monthly basis.  The group require surety of tenure to continue its activities and services. Without a new lease, the group will not be able to plan and develop programmes for the future, and it will be inhibited in continuing to deliver its services the local community.

50.     The group also depends on funding from membership fees, donations and grants to continue operating and this may not be forthcoming if the group does not have tenure.

Ngā koringa ā-muri

Next steps

51.     Subject to the grant of a new community lease, staff will work with The Scouts of New Zealand Association Incorporated – Wainui Sea Scout Group to finalise the community outcomes plan and community lease arrangements.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A Site Plan of leased premises

29

     

Ngā kaihaina

Signatories

Author

Valerie Vui - Community Lease Advisor

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Maungakiekie-Tāmaki Local Board Grants Programme 2021/2022

File No.: CP2021/03330

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the Maungakiekie-Tāmaki 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 Maungakiekie-Tāmaki Grants Programme 2021/2022 for adoption (as provided in Attachment A to this report).

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      adopt the Maungakiekie-Tāmaki Grants Programme 2021/2022 in Attachment A.

 

 

Horopaki

Context

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

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

7.       The local board community grants programme includes:

·      outcomes as identified in the local board plan

·      specific local board grant priorities

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

·      any additional criteria or exclusions that will apply

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

9.       The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. The new Maungakiekie-Tāmaki 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

Maungakiekie-Tāmaki Grants Programme 2021/2022

35

     

Ngā kaihaina

Signatories

Author

Moumita Dutta - Senior Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02947

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek support on the draft statement of proposal to amend 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 Maungakiekie-Tāmaki 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.       Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015 (Bylaw) and associated controls (controls) seeks to minimise animal-related risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places.

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

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

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

The Regulatory Committee have decided to amend the Bylaw and controls

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

17 March 2020

(REG/2020/17)

Regulatory Committee endorsed the statutory bylaw review findings that:

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

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

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

17 November 2020

(REG/2020/78)

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

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

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

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

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

The draft proposal makes improvements to the current bylaw and controls

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

Draft proposals

Reasons for draft proposal

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

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

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

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

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

Improve definitions of ‘nuisance’ and ‘public place’

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

Update the Bylaw format and structure

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

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

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

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

The draft proposal complies with statutory requirements

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

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

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

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

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified

If...

Then...

Mitigation

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

there may be negative attention to council regarding the Bylaw.

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

 

Ngā koringa ā-muri

Next steps

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A - Statement of Proposal

45

b

Attachment B - Previous Local Board Views

133

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements

139

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03211

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

4.       The main draft proposals are to:

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

·    set specific rules for rental micromobility devices

·    identify filming in a separate category to events

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

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

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

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

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

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

Horopaki

Context

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

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

9.       The Bylaw:

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

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

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

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

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

The Regulatory Committee decided to make a new bylaw

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

The draft Proposal makes a new Public Trading and Events Bylaw

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

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

 

Main proposals

Reasons for proposals

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

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

· to continue to retain existing exemptions to holding an approval

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

· set more specific rules for rental micromobility devices

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

· to reflect conditions as set in codes of practice

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

· identify filming as a separate category to events

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

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

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

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

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

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

· to ensure and apply consistent approach to council regulation

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

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

· to comply with the best practice bylaw drafting standards.

The draft proposal complies with statutory requirements

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

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

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

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

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

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

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

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified:

If...

Then...

Mitigation

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

There may be negative attention to council regarding the Bylaw.

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Statement of Proposal

147

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03413

 

  

 

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

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

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

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

·      Resource Management Act to protect the environment

·      Marine Mammal Protection Act to protect marine mammals.

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

Council proposed a new Bylaw and associated controls for public feedback

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

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

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

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

Decisions leading to the proposal

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Feedback from people in the local board area supports the proposal

19.     A total of 10 people 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).

40 per cent (4/10 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

70 per cent (7/10 submitters)

70 per cent

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

90 per cent (9/10 submitters)

85 per cent

4a:     Make new rules for the Tāmaki River Entrance

56 per cent (5/9 submitters)

69 per cent

4b:     Make new rules for the Commercial Port Area

60 per cent (6/10 submitters)

75 per cent

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

80 per cent (8/10 submitters)

71 per cent

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

80 per cent (8/10 submitters)

77 per cent

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

60 per cent (6/10 submitters)

76 per cent

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

67 per cent (6/9 submitters)

82 per cent

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

·    ensures public safety, specifically by requiring an extra form of communication and creating rules for novel craft

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

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

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

Staff recommend the local board provide its views on public feedback

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of public feedback

229

b

Public feedback from people in the Maungakiekie-Tāmaki Local Board area

251

c

Operational and non-bylaw-related feedback

291

d

Draft Bylaw Panel deliberations report

293

     

Ngā kaihaina

Signatories

Authors

Fereti Lualua - Policy Analyst

Bayllee Vyle – Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Proposal to vary the Regional Fuel Tax (RFT) scheme

File No.: CP2021/03752

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

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

Horopaki

Context

The creation of Auckland’s RFT scheme

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

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

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

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

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

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

Details of the existing scheme

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

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

16.     The original proposal also details

·   The key objectives of the scheme

·   the effects of the scheme (positive and negative),

·   how it aligned with the relevant strategic documents,

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

·   reasoning for the exclusion of Aotea Great Barrier Island; and

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

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

·   Bus priority improvements

·   City Centre bus infrastructure

·   Improving Airport Access

·   Eastern Busway (formerly AMETI)

·   Park and Rides

·   Electric trains and stabling

·   Ferry network improvements (was downtown ferry redevelopment)

·   Road safety

·   Active transport

·   Penlink

·   Mill Road corridor

·   Road corridor improvements

·   Network capacity and performance improvements

·   Growth related transport infrastructure.

Progress of the scheme to 31 December 2020

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

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

20.     Key achievements of the scheme so far include:

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

·   installing red-light running enforcement and CCTV cameras

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

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

Subsequent government funding announcements

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

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

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

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

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

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

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

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

ATAP update and draft RLTP preparation

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Proposed variation to the scheme

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

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

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

·   the rate of the RFT

·   the period of the scheme

·   the area subject to the scheme.

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

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

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

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

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

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

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

Consultation

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

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

 

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Proposal to Vary Regional Fuel Tax Scheme

319

b

Proposal for a Regional Fuel Tax (2018)

341

     

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

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/03757

 

  

 

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

·   conduct of relationships

·   shareholder obligations with which CCOs must act consistently

·   other expectations.

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

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

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

Horopaki

Context

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

64B Statement of expectations

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

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

(i) shareholding local authorities; and

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

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

(b) requires the organisation to act consistently with—

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

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

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

·   conduct of relationships.

·   shareholder obligations with which CCOs must act consistently

·   other expectations.

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

 

 

 

 

 

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

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

373

     

Ngā kaihaina

Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Louise Mason - GM Local Board Services

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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

File No.: CP2021/04670

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Maungakiekie-Tāmaki Local Board with an integrated performance report for November 2020 to February 2021.

Whakarāpopototanga matua

Executive summary

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

3.       The key activity updates from this period are:

·        the local board allocated $28,906.33 through its second community grant round

·        the Onehunga Christmas lights event had approximately 1,800 people attend

·        Te Oro programme highlights included the sold-out Proud Centres, Drag Bingo and the Pacific Dance NZ Holiday Programme

·        Onehunga War Memorial Pool and Leisure Centre operations overall active participation is down by 12 per cent

·        the Maungakiekie Birdsong held an event at Cornwall Park, where bird feeders, pest traps and native trees were given out

·        the Business Growth Accelerator delivered the Voices of Auckland digital content series, a celebration of creativity, innovation, and entrepreneurship in the region

·        the following locally driven initiative operating expenditure (LDI: OPEX) budgets have been reallocated to the new activity, Innovating Streets – Local Boards Services Project Admin through an urgent decision

·    Placemaking: engaged communities Maungakiekie-Tāmaki (ID 815)

·    Apply the Empowered Communities Approach: Strategic Partnerships Maungakiekie Tāmaki (ID 818)

·    M-T Business Growth Accelerator (ID 2280)

·    Local Civic Functions (M-T) (ID 830)

4.       The activity, Anzac Services (ID 828) in the local board’s 2020/2021 work programme (Attachment A) is below budget and at risk of non-delivery. This funding is available to be reallocated to the following activity:

·    Local Community Grants

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

6.       The financial performance report compared to budget 2020/2021 is attached (Attachment B). There are some points for the local board to note:

·    Overall operating results for the first eight months of the year is five per cent below the budget due to higher revenue and lower expenditure.  Revenue is above budget by 16 per cent while expenditure is six percent below budget overall. Asset based services expenditure have continued with some disruptions caused by COVID-19 restrictions. In Locally Driven Initiatives, expenditure is below budget by 23 per cent.  Capital expenditure delivery is below budget by 14 per cent and mainly focused on local asset renewals.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

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

b)      reallocate the following 2020/2021 locally driven initiative operating expenditure budgets to the activity, Local Community Grants (ID 833)

i)        $2,550 from the activity, Anzac Services Maungakiekie-Tāmaki (ID 828)

 

Horopaki

Context

7.       The Maungakiekie-Tāmaki Local Board has an approved 2020/2021 work programme for the following operating departments:

·        Arts, Community and Events;

·        Parks, Sport and Recreation;

·        Libraries and Information;

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

·        Community Facilities: Build Maintain Renew;

·        Community Leases;

·        Infrastructure and Environmental Services;

·        Plans and Places;

·        The Southern Initiative

·        Auckland Unlimited (formerly known as ATEED).

8.       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

 

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

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

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

 

 

 

 

 

 

Graph 2: Work programme by RAG status

 

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

Graph 3: Work programme by activity status and department

Key activity updates

12.     Local community grants: the local board completed its second local grants round of the financial year. A total of $28,906.33 was allocated, leaving $49,185.21 to be allocated to the last local grants round for the financial year.

13.     Onehunga Christmas Lights event: the Onehunga Christmas Lights was held on Friday 27 November 2020 at Jellicoe Park, Onehunga. Approximately 1,800 people attended.

14.     Te Oro programme: from November 2020 to February 2021, programme highlights included the sold-out Proud Centres, Drag Bingo and the Pacific Dance NZ Holiday Programme.

15.     Maungakiekie Songbird: as of mid-February 2021, there are 300 active members. An event was held at Cornwall Park where there were 35 bird feeders, 200 wasp traps, 48 rodent traps, 29 possum traps and 40 native trees that were given out. In the next few months, the group will look to expand its membership and is hoping to support Royal Oak Primary with animal monitoring alongside the Sustainable Schools team.

16.     Citizenship ceremonies: the Civic Events team delivered one citizenship ceremony from November 2020 to February 2021 with two people from the local board area becoming new citizens.

17.     Service improvement to programming: this activity line supports the delivery of activities delivered through programming in community places. A highlight of these activities has been the successful Proud Centres programme that ran through the month of February.

18.     Lagoon stadium: this period has seen high visitor numbers with a 14 per cent increase on the previous year. The centre is continuing to promote fitness classes and active programmes.

19.     Onehunga War Memorial Pool and Leisure Centre Operations: overall active participation is down by 12 per cent. This is a vast improvement from the previous update when visits were down by 36 per cent. Pool visits have reduced by 13 per cent and Learn to Swim is down by 28 per cent. The indoor changing renewals and reception refurbishment have been completed and are a great improvement, which many customers have commented on.

20.     Business Growth Accelerator: Auckland Unlimited developed the Voices of Auckland digital content series, a celebration of creativity, innovation, and entrepreneurship in the region. This included a Top Tips for business component where Auckland business owners could share their learnings from navigating today’s challenging economic environment.

21.     The following Community Facilities project is now complete:

·    Jellicoe Park – install and manage Christmas event lighting

Activities on hold

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

·        Point England Reserve Service Assessment (ID 168): this project is currently on hold and will not be progressed until the Treaty Settlement is complete.

·        Te Oro Business Plan initiatives (ID 811): this project is currently on hold due to emergency budget constraints.

·        CARRY FORWARD MT: Te Kete Rukuruku (Māori naming of parks and places) tranche one (Parks, Sports and Recreation ID 2246): no resolution on iwi naming in this rohe. If this cannot be resolved, the activity will be completed in FY2021/2022.

·        LDI minor capex fund (ID 2715): this project has been put on hold. Staff are compiling a list of recommended new assets to present to the local once project is approved to progress further.

·        Coast to Coast walkway – renew walkway signage (ID 2943): This project has been put on hold. A workshop on recommendations with the local board will be scheduled once the project is approved to progress further.

·        Te Kete Rukuruku – Māori naming of parks and places (Community Facilities: Build Maintain Renew ID 3382): This project has been put on hold. Project planned to commence in FY2022/2023.

·        Onehunga Bay Reserve – develop dog agility area (ID 3577): This project has been put on hold. The project is planned to commence in FY 2022/2023. The next step is to present design options for local board approval once project delivery budget has been confirmed.

Changes to the local board work programme

Cancelled activities

23.     These activities are cancelled:

·        Te Kete Rukuruku tranche two (Parks, Sport and Recreation ID 172): this activity has been cancelled due to tranche one needing to be completed before tranche two can commence. At the local board’s February business meeting, the board approved the reallocation of $11,500 LDI: OPEX to the safeswim sign at Point England and $11,500 LDI: OPEX to Low Carbon Lifestyles (resolution number MT/2021/6).

·        Point England planting (ID 15240): this activity has been cancelled due to treaty settlement negotiations and it is not appropriate to progress until negotiations have settled. At the local board’s February business meeting, the board approved the reallocation of $10,000 LDI: OPEX to the SPCA cat desexing and microchipping programme and $2,000 LDI: OPEX to Low Carbon Lifestyles (resolution number MT/2021/6).

Activities merged with other activities for delivery

24.     The carry-forward Manukau Harbour forum (ID 2297) has been merged with the Manukau harbour forum (ID 1815) line for FY2020/2021.

Activities with changes

25.     The following work programmes activities have changes which have been formally approved by the board through a business meeting or an urgent decision.

26.     In Table 2, LDI: OPEX budgets have been reallocated to the new activity, Innovating Streets – Local Board Services Project Admin through an urgent decision. The amount reallocated is noted in the summary of change.

Table 2: Work programmes change formally approved by the board

ID/Ref

Work Programme Name

Activity Name

Summary of Change

Resolution number/Urgent decision

815

Arts, Community and Events

Placemaking: engaged communities Maungakiekie-Tāmaki

$5,000 LDI: OPEX reallocated to the new activity Innovating Streets – Local Board Services Project Admin

Urgent decision (31 March 2021)

818

Arts, Community and Events

Apply the Empowered Communities Approach: Strategic Partnerships Maungakiekie Tāmaki

$5,000 LDI: OPEX reallocated to the new activity Innovating Streets – Local Board Services Project Admin

Urgent decision (31 March 2021)

2280

Auckland Unlimited (ATEED)

M-T Business Growth Accelerator

$5,000 LDI: OPEX reallocated to the new activity Innovating Streets – Local Board Services Project Admin

Urgent decision (31 March 2021)

830

Local Civic Events

Local Civic Functions (M-T)

$15,000 LDI: OPEX reallocated to the new activity Innovating Streets – Local Board Services Project Admin

Urgent decision (31 March 2021)

 

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

Table 3: Minor change to the local board work programmes

ID/Ref

Work Programme Name

Activity Name

Change

Reason for change

Budget Implications

2393

Community Facilities: Build Maintain Renew

Jubilee Bridge – renew and upgrade bridge

Local board has given direction to change scope and proceed with a cost-effective design for a network arch bridge.

An options report has been prepared to inform the most cost-effective option to deliver the bridge within the agreed scope and budget.

No budget implications.

 

Budget reallocation

28.     The following activity in the local board’s 2020/2021 work programme (Attachment A) are below budget and at risk of non-delivery:

·    Anzac Services

29.     There is a total of $3,700 FY2020/2021 LDI: OPEX budgets that is below budget and at risk of non-delivery.

30.     A report regarding the activity, Waikaraka Park, 246 Nielson Street Onehunga: Auckland Canine Agility Club Incorporated will be presented to the local board at its May business meeting. This report will outline options regarding the groups outstanding rent arrears.

31.     Dependant on this decision, up to $1,150 of the boards locally driven initiative operating expenditure budget may need to be reallocated.

32.     Staff have advised to leave $1,150 of the available budget unallocated until the leasing report is presented to the board at the May business meeting and a decision regarding the rent arrears has been made.

33.     Staff have recommended that the total $2,550 budget be reallocated to the activity outlined below.

Local community grants

34.     The local board funds a community grants programme consisting of three granting rounds during the financial year. The board has completed two granting rounds. The first grant round allocated $41,908.46. The second grant round allocated $28,906.33. This leaves $49,185.21 to be allocated to the last grant round. 

35.     Local board grants are a way for the board to support local initiatives that align with the Maungakiekie-Tāmaki Local Board Plan 2017.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

37.     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

38.     When developing the work programmes, council group impacts and views are presented to the boards. As this is an information and reallocation report, staff have indicated that they will be able to deliver the reallocated budget (Local Community Grants) and the reallocated budget won’t affect the activity delivery (Anzac Services). 

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

Local impacts and local board views

39.     This report informs the Maungakiekie-Tāmaki Local Board of the performance for November 2020 to February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

40.     The local board remains committed to integrating and supporting work that contributes to outcomes for Māori. This includes enhancing partnerships and collaborative ways of working with mana whenua and mataawaka.

41.     Some of the activities in the local board’s 2020/2021 work programme (Attachment A) have specific impact on the wider Māori community, this includes:

·    continued collaboration with Ruapōtaka Marae and their marae redevelopment

·    Te Reo lessons at Glen Innes library which are continuing to grow and are well-supported

·    The acknowledgement and celebration of Waitangi Day at all libraries.

Ngā ritenga ā-pūtea

Financial implications

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

43.     As indicated in the Maungakiekie-Tāmaki Local Board Financial report (Attachment B), some activity lines are currently below budget with risk of non-delivery prior to the end of 2020/2021 Financial Year.

44.     Staff have indicated where budget is not able to be delivered and as a result can be reallocated. The recommended reallocation is outlined in the table below:

 

 

 

 

Reallocate to:

Reallocate from:

Amount:

Total amount reallocated

ID

Activity Name

ID

Activity Name

833

Local Community Grants

828

Anzac Services Maungakiekie-Tāmaki

$2,550

$2,550

 

Financial Performance

45.     Revenue at $398,000 is $54,000 above the budget.  This is mainly from venue hire and libraries. Utilisation of Council and Community managed venues are back to normal levels between lockdowns and restriction.

46.     Expenditure of $9,679,000 is below the budget by $565,000 overall. In asset- based services, maintenance activities, ecological restoration and arboriculture services have continued with some disruptions during alert level changes.

47.     In Locally Driven Initiatives, expenditure is below the budget by $193,000. Projects are at various stages of delivery.

48.     Capital spend is $1,661,000 and is below budget by $269,000. The main expenditure is on local asset renewals such as Onehunga War Memorial Pool comprehensive renewal and for Panmure Squash Club roof mediation and renewals.

49.     The Maungakiekie-Tamaki Local Board Financial Performance report is in Attachment B.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

50.     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.

51.     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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Maungakiekie-Tamaki Local Board Work Programme Update November 2020 to February 2021

393

b

Maungakiekie-Tamaki Local Board operating performance financial summary November 2020 to February 2021

435

     

Ngā kaihaina

Signatories

Author

Simone Tongatule - Local Board Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Urgent decision - Reallocation of Maungakiekie-Tāmaki Local Board's 2020/2021 locally driven initiative operating expenditure

File No.: CP2021/04387

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To inform the Maungakiekie-Tāmaki Local Board of an urgent decision made under delegation by the Chair and Deputy Chair for the reallocation of Maungakiekie-Tāmaki Local Board’s 2020/2021 locally driven initiative operating expenditure.

Whakarāpopototanga matua

Executive summary

2.       At the Maungakiekie-Tāmaki Local Boards 3 December 2020 business meeting, the local board considered the urgent decision-making process and passed resolution MT/2019/75:

a)   adopt the urgent decision-making process for matters that require a decision where it is not practical to call the full board together and meet the requirement of a quorum;

b)   delegate authority to the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board;

c)   agree that the relationship manager, chair and deputy chair (or any person/s acting in these roles) will authorise the urgent decision-making process by signing off the authorisation memo;

d)   note that all urgent decisions will be reported to the next ordinary meeting of the local board. CARRIED

3.         Local boards have decision making authority over the Maungakiekie-Tāmaki local board

work programme 2020/2021.

4.         Staff are seeking approval to reallocate Maungakiekie-Tāmaki local board’s 2020/2021

available local development initiative operating expenditure activities to contract an

Innovating Streets Local Boards Services Project Admin to provide dedicated support to

the Maungakiekie-Tāmaki Low Traffic Neighbourhoods which is expected to be delivered by

June 2021.

5.         The board’s next scheduled business meeting is 27 April 2021.

6.         An urgent decision is required because delaying the decision would postpone the support

needed to deliver the project in a timely manner.

7.       A copy of the urgent decision and the local board’s feedback is Attachment A of this report.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)         note the urgent decision made on 31 March 2021, approve to reallocate the             following 2020/2021 locally driven initiative operating expenditure budget to the             new activity, Innovating Streets - Local Board Services Project Admin:

            i)          $5,000 from the activity, Engaged Communities (ID 815)

            ii)         $5,000 from the activity, Strategic Partnerships (ID 818)

            iii)         $5,000 from the activity, M-T Business Growth Accelerator (ID 2280)

            iv)        $15,000 from the activity, Local civic events (ID 830)

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Urgent Decision - Reallocation of Maungakiekie-Tamaki Local Board's 2020/2021 locally driven initiative operating expenditure

443

     

Ngā kaihaina

Signatories

Author

Mal Ahmu - Local Board Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

PDF Creator

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Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Governance Forward Work Calendar

File No.: CP2021/03305

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the board with the governance forward work calendar.

Whakarāpopototanga matua

Executive summary

2.       The governance forward work calendar for the Maungakiekie-Tāmaki Local Board is in Attachment A.

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

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

·    clarifying what advice is required and when

·    clarifying the rationale for reports.

 

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

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      note the attached Governance Forward Work Calendar.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Calendar April 2021

453

     

Ngā kaihaina

Signatories

Author

Tracey Freeman - Democracy Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

PDF Creator


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

Record of Maungakiekie-Tāmaki Local Board Workshops

File No.: CP2021/03306

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide a summary of the Maungakiekie-Tāmaki Local Board workshops for 30 March, 6, 13 and 20 April 2021.

Whakarāpopototanga matua

Executive summary

2.       Local board workshops are held to give board members an opportunity to receive information and updates or provide direction and have discussion on issues and projects relevant to the local board area. No binding decisions are made or voted on at workshop sessions.

 

Ngā tūtohunga

Recommendation/s

That the Maungakiekie-Tāmaki Local Board:

a)      note the local board record of workshops held on 30 March, 6, 13 and 20 April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Maungakiekie-Tāmaki Local Board Record of Workshops April 2021

457

     

Ngā kaihaina

Signatories

Author

Tracey Freeman - Democracy Advisor

Authoriser

Victoria Villaraza - Local Area Manager

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

 


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.1      Attachment a    Reading Warrior - David Riley                       Page 463


Maungakiekie-Tāmaki Local Board

27 April 2021

 

 

















[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.