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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 15 April 2021

3.00pm

St Chads Church and Community Centre
38 St Johns Road
Meadowbank

 

Ōrākei Local Board

 

OPEN ADDENDUM AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Mr Scott Milne, JP

 

Deputy Chairperson

Sarah Powrie

 

Members

Troy Churton

 

 

Colin Davis, JP

 

 

Troy Elliott

 

 

Margaret Voyce

 

 

David Wong, JP

 

 

(Quorum 4 members)

 

 

 

Kim Lawgun

Democracy Advisor

 

12 April 2021

 

Contact Telephone: 021 302 163

Email: kim.lawgun@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


Ōrākei Local Board

15 April 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

 

15        Auckland Council’s Performance Report: Ōrākei Local Board for November 2020 to February 2021                                                                                                                 5

23        Review of the Code of Conduct - draft revised code                                               49

24        The Landing 2021 Concept Plan Refresh                                                               153

 


Ōrākei Local Board

15 April 2021

 

 

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

File No.: CP2021/03624

 

  

 

Te take mō te pūrongo

Purpose of the report

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

2.       To identify budget underspends and provide the opportunity for the local board to reallocate and spend before the end of the financial year.

Whakarāpopototanga matua

Executive summary

3.       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.

4.       The key activity updates from this period are:

·   Closing of the request for proposals process for the redevelopment of Liston Park (ID 181).

·   A successful Environmental Forum held on 1 November 2020 and attended by just under 100 people (ID 2175).

·   Continued environment programmes, eradicating pests (flora and fauna), cleaning up rubbish and restoration work, involving 579 volunteer hours. Two new volunteer groups have formed to look after Sonia Reserve and Anderson’s Beach Reserve (ID 180).

·   Completion of replacement lighting along reserves at Kohimarama and St Heliers beaches (ID 3352).

·   Installation and renewal of furniture and signage along the waterfront in time for America’s Cup (ID 2726).

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

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

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

b)      identify projects and agree to reallocate LDI opex underspends of up to $52,360, subject to confirmation of staff capacity to deliver.

 

Horopaki

Context

7.       The Ōrākei 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

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

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

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

Previous Department - Unit

Current Department - Unit

Arts, Community and Events - Community Places

Connected Communities – Community Places

Arts, Community and Events - Community Empowerment

Connected Communities – Community Empowerment

Arts, Community and Events - Community Empowerment (Youth)

Community and Social Innovation – Youth Empowerment

Arts, Community and Events - Arts & Culture

Regional Service Planning, Investment and Partnerships – Arts & Culture

Arts, Community and Events - Events

Regional Service Planning, Investment and Partnerships – Events

Service, Strategy and Integration

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

Libraries

Connected Communities – Libraries

The Southern Initiative

Community and Social Innovation – The Southern Initiative

The Western Initiative

Community and Social Innovation – The Western Initiative

 

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

Graph 1: Work programme activities by outcome

 

Tātaritanga me ngā tohutohu

Analysis and advice

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 the work programmes. The number of activity lines differ by department as approved in the local board work programmes. 

Graph 3: Work programme by activity status and department

 

Key activity updates

12.     While a number of contracts and projects were put on hold during the earlier part of the financial year, many of these have been restarted and are being progressed.

·   The following projects were completed during the November 2020-February 2021 period:

·   Closing of the request for proposals process for the redevelopment of Liston Park (ID 181).

·   A successful Environmental Forum held on 1 November 2020 and attended by just under 100 people (ID 2175).

·   Continued environment programmes, eradicating pests (flora and fauna), cleaning up rubbish and restoration work, involving 579 volunteer hours. Two new volunteer groups have formed to look after Sonia Reserve and Anderson’s Beach Reserve (ID 180).

·   Completion of replacement lighting along reserves at Kohimarama and St Heliers beaches (ID 3352).

·   Installation and renewal of furniture and signage along the waterfront in time for America’s Cup (ID 2726).

Activities on hold

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

·   Michaels Ave Reserve - renew play space (ID 2417). Design works are on hold pending confirmation on the construction timeframe for the changing rooms (SP ID 3258) and how that affects the proposed location of the playground in the master plan. Planning and the investigation and design is proposed to start in February 2022.

·   Michaels Ave Reserve (Ellerslie Recreation Centre) - renew carpark (ID 2882). Project will be scoped and/or completed in future years.

14.     Both projects have been on hold for some time as they couldn’t be started until the new clubrooms were developed. However, as construction on the clubrooms has started, the investigation and design work for the playground is now programmed to start in February 2022.

Changes to the local board work programme

Cancelled activities

15.     The activity line ID 2442 - Remuera Library: insulate ceiling, replace automatic door controllers and resurface flat roof – has been cancelled as works have been included as part of maintenance minor works (ID 2983).

Activities with changes

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

Table 2: Work programmes change formally approved by the board

ID/Ref

Work Programme Name

Activity Name

Summary of Change

Resolution number

846

Arts, Community and Events

Anzac services Ōrākei

Allocation of $2,500 from an Anzac Day event in Ellerslie to the Anzac Day event organised by College Rifles.

OR/2021/22

846

Arts, Community and Events

Anzac services Ōrākei

Allocation of $1,700 from ID 847 - Local civic event Ōrākei of the Ōrākei Local Board Arts, Community and Events work programme 2020/2021 budget lines towards the cost of installing ANZAC Day services promotional cross street banners in St Heliers and Remuera.  

OR/2021/22

2175

Arts, Community and Events

Environmental Forum

Reallocation of $12,500 from Environmental Forum 2020/2021 budget for the payment of the first installment of the delivery of Ōrākei Business Awards.

OR/2021/17

 

17.     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

2442

Community Facilities: Build Maintain Renew

Remuera Library- insulate ceiling, replace automatic door controllers and resurface flat roof

Cancelled

Project cancelled as works have been included as part of maintenance minor works. (ID 2983)

$37,376

 

Proposed reallocations

18.     There are a number of activity items which look to be underspent and so there is an opportunity to reallocate the remaining locally driven initiatives operating expenditure (LDI OPEX) to existing or new projects. The proposed underspends for reallocation are set out below and projects need to be approved by the Local Board:

 

 

Table 4: Unspent budgets available for reallocation

ID/Ref

Work Programme Name

Activity Name

Remaining Budget

834

Arts, Community and Events

Community Arts Programme

$10 000

847

Arts, Community and Events

Local Civic Events, Ōrākei

$9,000

846

Arts, Community and Events

ANZAC

$500

2276

(ATEED) Auckland Unlimited

Business Growth Accelerator

$ 5,000

2175

Arts, Community and Events

Environment Forum

$5,986

2343

Parks, Sport and Recreation

Ōrākei Parks Services Assessment (Nehu Triangle and Tagalad South Reserve

$20,000

 

 

Film Revenue

$1,874

TOTAL

 

 

$52,360

 

19.     As work programmes were agreed in August 2020, new projects cannot be resolved on at this time without prior confirmation of need and staff ability to implement. Projects that have not been confirmed by staff are at risk of non-delivery.

20.     Any LDI OPEX that is not reallocated or spent by 30 June 2020 will be absorbed as a budget saving.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

25.     Four work programme activities specifically deliver outcomes for Maori. These are:

·   ID 834 Ōrākei Community Arts Programmes: $10,000 has been earmarked to contract a consultant to work with mana whenua and local board to investigate ten publicly owned or accessible sites that could potentially host a permanent public artwork.

·   ID 840 Māori Responsiveness Ōrākei: Ngati Whatua Ōrākei Whai Maia was contracted to deliver ten Takina sessions for Ōrākei Local Board members and staff. Takina is a new and innovative programme to learn Te Reo me te ona tikanga.

·   ID 1284 Whakatipu i Te Reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori: Both St Heliers and Remuera libraries continue to encourage the use of Te Reo during various programmes that they provide. Waitangi Day was celebrated this year throughout the month of February with displays, promotion of our Māori collections and activities for children.

·   Item 1289 Taonga Tuku Iho - Legacy - we preserve our past, ensure our future. (Heritage) – Ōrākei: Both libraries continue to engage with local groups and are making plans for the next Heritage festival.

26.     Various parks planning and development projects: Parks staff engage with Mana Whenua on many parks projects, such as the consultation with Ngāti Whātua Ōrākei on The Landing Concept Plan refresh and Ngāti Paoa on the Churchill Park lookout site.

27.     The Ōrākei Local Board is working in partnership with Ngāti Whātua Ōrākei on the implementation of the Pourewa Valley Integrated Plan and on initiatives to clean up Ōkahu Bay.

28.     The 2017 Ōrākei Local Board Plan specifies an initiative under its environment outcome to “work with Ngāti Whātua Ōrākei on restorative projects to improve water quality, including in Ōkahu Bay and its inland catchment”. Pourewa Valley and Ōkahu Bay have been the focus of activities in the work programme, as have a number of other waterways and terrestrial sites.  The Ōrākei Local Board is committed to strengthening its relationships with mana whenua and at the same time improving the well-being of its communities and the environment.

Ngā ritenga ā-pūtea

Financial implications

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

Financial Performance

Financial comments

·   Revenue at $886,000 is $72,000 above the budget.  This is mainly from The Landing operations. Utilisation of council and community managed venues are back to normal levels between lockdown restrictions.

·   Expenditure of $8,867,000 is below the budget by $136,000 overall. In asset-based services, maintenance activities, ecological restoration and arboriculture services have continued with some disruptions during alert level changes.

·   In Locally Driven Initiatives, expenditure is below the budget by $187,000. Projects are at various stages of delivery.

·   Capital spend is $977,000 and is below budget by $642,000. The expenditure is on local asset renewals, such as Michaels Avenue Reserve paths, Ōrākei Community Centre CAB fit-out and toilet renewals at Selwyn Reserve.

30.     The Ōrākei Local Board Financial Performance report is in Attachment B of the agenda report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     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 ( for example, building consents) and is susceptible to market conditions.

32.     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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Ōrākei Local Board: Work Programme 2020/2021 Nov - Feb 2021 report

13

b

Ōrākei Local Board: Performance financial summary

43

      

Ngā kaihaina

Signatories

Author

Suzanne Weld - Senior Local Board Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

15 April 2021

 

 

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Ōrākei Local Board

15 April 2021

 

 

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Ōrākei Local Board

15 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/03968

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

(b)   a general explanation of—

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

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

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

Horopaki

Context

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

8.       The Governing Body resolved to:

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

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

i)       retaining and updating principles

ii)      retaining a process for complaints

iii)     appointing conduct commissioners

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

v)      defining materiality

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

vii)    providing policies on:

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

B)     confidential information access and disclosure

C)     election year

D)     communications

E)      media

F)      social media

G)     governance roles and responsibilities

H)     working with staff

I)       elected members expenses.

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

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

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

Conduct Commissioner

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

Comments

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

Decisions of the Investigator and Conduct Commissioner

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

Comments

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

Conflict of Interest Policy

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

Comments

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

Confidential information

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

Comments

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

Other feedback

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

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

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

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

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

Additional changes that have been made by staff

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

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

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

Additional changes that might yet be made

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

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

32.     A single Conduct Commissioner would reduce that cost.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Code of Conduct - for local boards

55

b

Craft Code of Conduct - attachments for local boards

75

     

Ngā kaihaina

Signatories

Authors

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - GM Local Board Services

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

15 April 2021

 

 

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15 April 2021

 

 

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Ōrākei Local Board

15 April 2021

 

 

The Landing 2021 Concept Plan Refresh

File No.: CP2021/03838

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval to publicly consult on the refresh of The Pathways to the Sea Concept Plan for The Landing (2013) and potential changes to the plan.

Whakarāpopototanga matua

Executive summary

2.       The Ōrākei Local Board, as part of their 2020-2021 work programme, requested that the guiding document for The Landing (Pathways to the Sea Concept Plan 2013) be reviewed and potentially refreshed.

3.       There are competing demands from incumbent stakeholders for additional building and outdoor storage plus event space across the site and Yachting New Zealand (YNZ) has also expressed an interest in developing a high-performance centre at The Landing.

4.       An additional consideration for the review is developing parts of The Landing for the enjoyment of the wider community by realising park-like green spaces that are multipurpose in function and able to provide for gatherings and events.

5.       Given these increasing and sometimes competing demands, the Ōrākei Local Board requested through their 2020/2021 work programme that a refresh of the concept plan, covering the site in its entirety, be undertaken.   

6.       It is recommended that a plan refresh be informed by consultation that is carried out in two phases. The first phase covers iwi / stakeholder engagement (April / May 2021), followed by a second phase of consultation with the public / wider community (July / August 2021).

Ngā tūtohunga

Recommendation/s

That the Ōrākei Local Board:

a)      approve the initiation of public consultation on The Pathways to the Sea Concept Plan for The Landing (2013) refresh.

b)      support the following revised plan objectives to inform the concept plan refresh:

i)        support opportunities to increase participation in water-based sport and recreation activities by maximising accessibility and public boat launching facilities.

ii)       develop quality multipurpose park like open space that can accommodate events and passive recreation outcomes in order to increase the public’s enjoyment of The Landing.

iii)      accommodate the various clubs and users of the site in an efficient way that supports their future development and growth.

iv)      enhance The Landing as a destination for marine-related activities such as sailing, paddling and waka culture.

v)      improve visual and physical connections into and through the site and create a clear connection eastward through to Ōkahu Bay beach.

vi)      incorporate mana whenua outcomes.  

 

Horopaki

Context

7.       The Landing is a local park held in fee simple by Auckland Council for recreation purposes subject to the Local Government Act 2002. It covers 3.2 hectares of hardstand area at 8-12 Tamaki Drive. It is a highly developed, heavily used water-based recreational hub hosting a number of buildings, leases and users. The site includes the haul-out and hardstand, the only council-run facility of its kind in Auckland geared to individual boat owners taking a ‘do it yourself’ approach to boat maintenance.  

8.       The delegation for decision-making over The Landing, including design, service levels and funding, rests with the Ōrākei Local Board.

 

9.       The guiding document for The Landing (Pathways to the Sea Concept Plan 2013) has been in place for eight years and the local board has initiated a ‘plan refresh’ as a project in their 2020-2021 work programme (sharepoint reference #1585 / resolution OR/2020/76):

 

Refresh The Landing Concept Plan (2013) to ensure the site is effectively utilised and meets the growing community needs in terms of providing for club requirements, access to the water, events, gathering and passive recreation spaces, plus optimal linkages between the park and Tāmaki Drive.

 

10.     The refresh will consider the 2013 plan’s effectiveness in being able to deliver on revised (2021) local board objectives. These objectives, which are a revision of the objectives set out in the 2013 plan, have been established to ensure open space outcomes meet current community and regional needs. They have been informed by the Auckland Plan 2050, the Parks and Open Space Strategic Action Plan 2016 (for which the key areas of development focus are set out in table 1), the Ōrākei Local Board’s 2019 Open Space Network Plan and informal feedback from users.

 

Table 1. Park planning priorities as set out in the Parks and Open Space Strategic Action Plan

 

11.     The 2013 plan focused on the needs of organisations that enable water-based recreation activities plus public boat launching provision (ramp, parking and toilets) and the outcomes under the 2013 plan are based on the realisation of the following objectives:

·   improve public access to the sea for marine-related sport and recreation activities

·   support opportunities to increase participation in water-based sport and recreation activities including by maximising public boat launching facilities

·   develop quality open spaces to increase the public’s enjoyment of The Landing, Ōkahu Bay and the Waitematā Harbour

·   create clear connections to Ōkahu Bay beach to the east

·   accommodate the various clubs and users of the site in an efficient way that supports their future development and growth

·   ensure safe and efficient use of the hardstand and Ōkahu Bay

·   support improving the environmental standard of Ōkahu Bay

·   enhance The Landing as a destination for marine-related activities such as sailing, paddling and waka culture

·   better enable staging of events within the park.

12.     Two significant changes to built assets are enabled by the 2013 plan:

·   the new Hyundai Marine Sports Centre, home of Akarana Marine Sports Charitable Trust (AMSCT)

·   development of a waka / paddling centre at the eastern end of the site.

13.     The Hyundai Marine Sports Centre has now largely been built and an increasing number of events are staged at the site. Although no funding or design is yet in place to deliver the waka / paddling centre, the local board continues to advocate for its development, noting that a facility of this scale and regional significance would need to be financed by the Governing Body through the Long-term Plan.

14.     The 2013 plan objectives have been discussed at several local board workshops and staff have revised and updated the objectives to reflect the outcomes articulated by the board at these workshops. These draft outcomes (set out as follows) will help inform the 2021 plan revision and staff seek board endorsement of these objectives: 

·   Support opportunities to increase participation in water-based sport and recreation activities by maximising accessibility and public boat launching facilities.

·   Develop quality multipurpose park like open space that can accommodate events and passive recreation outcomes in order to increase the public’s enjoyment of The Landing.

·   Accommodate the various clubs and users of the site in an efficient way that supports their future development and growth.

·   Enhance The Landing as a destination for marine-related activities such as sailing, paddling and waka culture.

·   Improve visual and physical connections into and through the site and create a clear connection eastward through to Ōkahu Bay beach.

·   Incorporate mana whenua outcomes.

Tātaritanga me ngā tohutohu

Analysis and advice

15.     Open space is at a premium particularly along Tāmaki Drive and most acutely along the seaward side of Tāmaki Drive. The Landing represents the only open space in the general area that provides the range and extent of club and public facilities (ramp, parking, toilets, storage facilities, building footprints) that fully enables the safe and accessible launching of motorized watercraft, sailing dinghies and numerous types of paddling craft.

16.     What The Landing could better provide for is wider community outcomes. In this regard The Landing needs to be considered as part of the network of Tāmaki Drive amenities and open spaces that deliver a wide range of experiences to visitors from Auckland, New Zealand and overseas. The balance between private benefit and public good also needs to be carefully considered in this regard.

Balancing recreation outcomes

17.     The regional significance of The Landing is directly linked to the following experiences that people enjoy at different locations along Tāmaki Drive:

 

·   Culture and heritage - the Ōrākei Local Board area contains many sites associated with the earliest settlement of Tāmaki Makaurau, as well as the colonial and bicultural beginnings of Auckland.

·   Access to the harbour for sport and recreation as well as The Landing providing a regional hub for water sport, recreation and public boat launching there are marinas, boat clubs, commercial operators (concessions) and additional ramp facilities spread along the waterfront.

·   Promenading / jogging / swimming / cycling - a key water-front destination for walkers, joggers, swimmers and cyclists in one of the city’s most scenic and iconic locations. 

·   Active transport connections – shared paths have been in place on Tamaki Drive for a number of years and a dedicated bike lane is currently in development. The route is used by a combination of commuters, recreational cyclists and visitors to the city who can hire bikes from commercial operators.

·   Beach recreation Ōkahu Bay, Mission Bay, Kohimarama and St Heliers make up the four key beach locations on Tamaki Drive.

·   Entertainment - Large numbers of Aucklanders and tourists from further afield enjoy the cafes, bars, shops and park concessions spread along Tamaki Drive; these bring significant economic benefit to the board area. 

18.     The Landing 2021 plan review also needs to be considered in the context of the following four key moves identified in the Ōrākei Local Board’s Open Space Network Plan 2019. The plan aims to realise the long-term goal for a well distributed, sustainable and high-quality open space network by focusing on:

·   Encouraging activation

·   Protecting and enhancing the natural environment

·   Recognising our culture and heritage

·   Improving connectivity.

19.     The plan revision aims to create the right balance of outcomes for The Landing that will meet the need of those seeking water-based recreation activity out on the harbour but also those who want to enjoy the Tamaki Drive waterfront experience from dry land. The plan revision, which will consider the whole site, therefore aims to further enhance both the blue and green open space opportunities.

20.     The review process will include identifying stakeholders’ aspirations and issues in relation to current operations. It will also identify those elements of the 2013 concept plan that continue to be strongly supported and those that are considered more negatively. Freeing up areas for the development of green space to accommodate improved connectivity plus passive recreation and event outcomes will also be considered.

21.     Landscape architects from WSP Ltd have been engaged to assist with the plan refresh both in terms of the consultation processes and associated design work. 

Stakeholder engagement

22.     Auckland Council will partner with Ngāti Whātua Ōrākei and other iwi who express an interest in the site as part of stage one consultation. Stakeholder engagement will also be carried out as part of stage one consultation with the following organisations:

·   AMSCT

Foundation user groups RAYC / Auckland Sailing Club

·   Royal Akarana Yacht Club

·   Auckland Sailing Club

·   Yachting NZ

·   Ōrākei Marina Management Trust

·   Waterwise

·   Fergs Kayaks

·   STF Ltd

·   Ōrākei Water Sports (Waka Ama) / Hauraki Water Sports Club (Waka Ama)

·   Auckland Canoe Club

Public consultation requirements

23.     There is no express statutory requirement to consult on a plan revision. However, the local board must comply with decision-making requirements in Part 6 of the Local Government Act 2002 (the LGA).

24.     The obligation in section 78 of Part 6 states that the council must, “in the course of its decision-making process …. give consideration to the views and preferences or persons likely to be affected by, or to have an interest in, the matter”.

25.     While the council has significant discretion regarding how, and the extent to which, it complies with this obligation, staff consider it would be reasonable, given the level of interest and wide-ranging impacts change at The Landing could have, to engage with both stakeholders (Ngāti Whātua Ōrākei and other interested iwi, clubs and service providers) and the public (including boat owners who use the haul-out and hard stand services at The Landing).

26.     The need for public consultation is reflected in previous decisions regarding use of the marine space and public open space at Ōkahu Bay having generated wide public interest. Also of significance is a 2009 judicial review brought in the High Court against Auckland City Council when it terminated the operating licence of Ōkahu Haulage Inc, who had provided haul-out and maintenance services at The Landing since 1975.

Consultation process

27.     In addition to individual stakeholder meetings one large group stakeholder meeting, anticipated for early May, will be held and run as a co-design workshop. This will allow key stakeholders to participate in the creative process, share insights and gain a deeper understanding of the competing demands and potential plan solutions. WSP Ltd have been engaged to facilitate this workshop.

28.     The local board’s 2021 priority objectives used to inform the 2021 plan refresh will be shared at the co-design (world café) workshop.

29.     To assist robust and transparent decision making, it is recommended that a Multi Criteria Analysis (CMA) process be used to rank and prioritise plan outcomes. Once all inputs have been gathered, analysed and synthesized, plan revision sketch options, ranging from minor through to extensive, will be prepared for a board workshop.

30.     Public consultation on approved draft options will be carried out in June / July 2021 and advertised on site and via the council’s website pages. A drop-in day will be held on site where interested parties can discuss the plan revision with staff and board members.

31.     Feedback will mainly be sought through council’s ‘Have Your Say’ internet platform, but hard copy feedback forms will also be made available.

Tauākī whakaaweawe āhuarangi

Climate impact statement

32.     The Ōrākei coastline is characterised by a sequence of bays and headlands with streams

flowing from the higher inland areas through eroded valleys to the sea. The northern beaches are subject to the negative effects of stormwater and storm-surge (scouring and sand loss) from the Hauraki Gulf.

33.     Changes to the Pathways to the Sea Concept Plan for The Landing (2013) may increase greenhouse gas emissions through more vehicle visitation to the site but this is not thought to be to any significant extent. Any potential increase in car parking capacity is unlikely to be large and improved active transport options are currently being delivered on Tamaki Drive.

 

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

34.     Community Facilities and Parks, Sports and Recreation staff are working together to ensure that service agreements, leases, licences and maintenance contracts at The Landing align with any approved plan changes.

35.     All potential plan change decisions need to be considered in the context of impacts on service levels to the customer. Thorough consultation will allow the board to make a well-informed decision regarding any plan changes.

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

Local impacts and local board views

36.     The Ōrākei Local Board has funded the 2013 concept plan refresh through their 2020-2021 work programme and a workshop in March 2021 confirmed the need to undertake public consultation on the plan review.

37.     The project aligns with outcome two of the Ōrākei Local Board Plan 2020: Our land, forests, waterways and marine environment are protected, restored and enhanced - Our area is a great place to live because of its natural features. These need to be treasured, especially as the area intensifies, so we will do even more to enhance our environment, restore its wairua and recognise its importance to the well-being of our people.

38.     The local board has requested that the refresh of the 2013 plan is fully informed by a consultation process and no board decisions will be made until consultation feedback has been provided to the board.

39.     Connected projects include creating a development plan for Hakumau Reserve which is also located on Tamaki Drive.

Tauākī whakaaweawe Māori

Māori impact statement

40.     Te Tiriti o Waitangi recognises the rangatiratanga of Auckland's hapū and iwi, and the inseparable bond between Tāmaki Makaurau the people and Tāmaki Makaurau the place. Local boards play a vital role in representing the interests of all Aucklanders and the Ōrākei Local Board is committed to its Treaty-based obligations and Māori participation and development.

41.     The board and council staff will partner with Ngāti Whātua Ōrākei and other iwi who express an interest in The Landing and the plan refresh.

Ngā ritenga ā-pūtea

Financial implications

42.     The Ōrākei Local Board has allocated $40,000 from their 2020-2021 operational budget to undertake the plan refresh.

43.     The longer-term financial implications of refreshing the plan cannot be determined until the extent of any plan changes are determined and assessed. There are also financial implications linked to potential service level changes at The Landing, but again, until the extent of change can be measured the financial implications are not quantifiable.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

44.     Failing to consult meaningfully and failing to consider the needs of those who use, or who have an interest in, The Landing could lead to a judicial review request being lodged with the High Court. This is mitigated by undertaking public consultation and considering all impacts of potential change before approving plan changes. 

Ngā koringa ā-muri

Next steps

45.     Publicly consult on the Pathway to the Sea Concept Plan for The Landing (2013) and potential changes to the plan.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Pathways to the Sea Concept Plan for The Landing 2013

161

     

Ngā kaihaina

Signatories

Authors

David Barker - Parks & Places Team Leader

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Trina Thompson - Local Area Manager

 


Ōrākei Local Board

15 April 2021

 

 

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