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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 15 April 2021

9.30am

Upper Harbour Local Board Office
30 Kell Drive
Albany

 

Upper Harbour Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Margaret Miles, QSM, JP

 

Deputy Chairperson

Lisa Whyte

 

Members

Anna Atkinson

 

 

Uzra Casuri Balouch, JP

 

 

Nicholas Mayne

 

 

Brian Neeson, JP

 

 

(Quorum 3 members)

 

 

 

Cindy Lynch

Democracy Advisor

 

7 April 2021

 

Contact Telephone: (09) 4142684

Email: Cindy.Lynch@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Upper Harbour Local Board

15 April 2021

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Welcome                                                                                                             5

2          Apologies                                                                                                           5

3          Declaration of Interest                                                                   5

4          Confirmation of Minutes                                                                                   5

5          Leave of Absence                                                                                             5

6          Acknowledgements                                                                       5

7          Petitions                                                                                          5

8          Deputations                                                                                     6

8.1    Transpower update                                                               6

8.2    Harbour Hospice update                                                      6

8.3    Whenuapai / Herald Island Ratepayers and Residents Association                                                                            7

9          Public Forum                                                                                                     7

10        Extraordinary Business                                                                 7

11        Minutes of the Upper Harbour Local Board meeting held Thursday, 18 March 2021                                                              9

12        2021/2022 Upper Harbour Local Board Grants programme   29

13        Statement of proposal to amend the Animal Management Bylaw and controls                                                                      37

14        Proposal to make a new Public Trading and Events Bylaw  139

15        Auckland Transport 2021 Regional Land Transport Programme                                                                                 221

16        Proposal to vary the Regional Fuel Tax scheme                    323

17        Public feedback on proposal to make new navigation rules                                                                                                      377

18        Draft Statement of Expectations for council-controlled organisations                                                                              455

19        Local board feedback on He Pou a Rangi - the Climate Change Commission's draft advice to Government              471

20        Additions to the Upper Harbour Local Board 2019-2022 community forum meeting schedule                                       477

21        Approval for new private road names at 21 Waka Moana Drive, Hobsonville                                                                      481

22        Governance forward work calendar - May to December 2021                                                                                                      489

23        Record of the Upper Harbour Local Board workshops held on Thursday 11 and 25 March, and 1 April 2021                          493

24        Board members' reports - April 2021                                       501

25        Consideration of Extraordinary Items

 


1          Welcome

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

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

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

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

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

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

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

 

4          Confirmation of Minutes

 

That the Upper Harbour Local Board:

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

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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


 

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Upper Harbour 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       Transpower update

Te take mō te pūrongo

Purpose of the report

1.      To provide members with an update on the activities of Transpower in Upper Harbour.

Whakarāpopototanga matua

Executive summary

2.      Selina Corboy, Stakeholder Engagement Manager for Transpower, will be in attendance to update members on the following:

·       the Transpower Auckland Strategy

·       Transpower’s communications in the community

·       the Community Care Fund which is available to support local projects.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive the deputation from Selina Corboy of Transpower and thank her for her attendance and presentation.

Attachments

a          Transpower presentation............................................. 505

 

 

8.2       Harbour Hospice update

Te take mō te pūrongo

Purpose of the report

1.      To give a brief outline of the services provided.

Whakarāpopototanga matua

Executive summary

2.      Kate Thompson, Capital Campaign Manager, and Lesley Cranston, Grants Coordinator, from Harbour Hospice, will be in attendance to talk about the services provided and to outline the redevelopment project currently underway at 7 Shea Terrace, Takapuna.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive the deputation from Kate Thompson and Lesley Cranston from Harbour Hospice and thank them for their attendance and presentation.

Attachments

a          Harbour Hospice presentation..................................... 517

 

 

8.3       Whenuapai / Herald Island Ratepayers and Residents Association

Te take mō te pūrongo

Purpose of the report

1.      To discuss open spaces in the Whenuapai and Herald Island areas of Upper Harbour.

Whakarāpopototanga matua

Executive summary

2.      Dave Allen, Secretary of the Whenuapai Ratepayers and Residents Association, and Mark le Fevre, Chairperson of the Herald Island Ratepayers and Residents Association, will be in attendance to discuss their concerns around zoning changes proposed under Plan Change 5.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive the deputation from Dave Allen from the Whenuapai Ratepayers and Residents Society, and Mark le Fevre from the Herald Island Ratepayers and Residents Association, and thank them for their attendance and presentation.

Attachments

a          Whenuapai / Herald Island Ratepayers and Residents Association presentation............................................. 529

 

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.”


Upper Harbour Local Board

15 April 2021

 

 

Minutes of the Upper Harbour Local Board meeting held Thursday, 18 March 2021

File No.: CP2021/02842

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      The open unconfirmed minutes of the Upper Harbour Local Board ordinary meeting held on Thursday, 18 March 2021, are attached at item 11 of the agenda for the information of the board only.

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      note that the open unconfirmed minutes of the Upper Harbour Local Board meeting held on Thursday, 18 March 2021, are attached at item 11 of the agenda for the information of the board only and will be confirmed under item 4 of the agenda.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Upper Harbour Local Board open unconfirmed minutes - 18 March 2021

11

b

Upper Harbour Local Board minutes attachments - 18 March 2021

21

      

Ngā kaihaina

Signatories

Author

Cindy Lynch - Democracy Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

2021/2022 Upper Harbour Local Board Grants programme

File No.: CP2021/03172

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To adopt the 2021/2022 Upper Harbour Local Board Grants programme.

Whakarāpopototanga matua

Executive summary

2.      The Auckland Council Community Grants Policy guides the allocation of local, multi-board and regional grants 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 2021/2022 Upper Harbour Local Board Grants programme for adoption (as provided in Attachment A to this report).

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      adopt the 2021/2022 Upper Harbour Local Board Grants programme in Attachment A to this agenda report.

 

Horopaki

Context

5.      The Auckland Council Community Grants Policy guides the allocation of local, multi-board and regional grants 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 grants 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 2021/2022 Upper Harbour Local Board Grants programme has been adopted, the types of grants, grant rounds, criteria and eligibility with be advertised through an integrated communication and marketing approach which includes utilising local board channels.

Tātaritanga me ngā tohutohu

Analysis and advice

9.      The aim of the local board grants programme is to deliver projects and activities which align with the outcomes identified in the local board plan. The Upper Harbour Local Board Grants programme was workshopped with the local board and feedback has been incorporated into the programme for 2021/2022.

Tauākī whakaaweawe āhuarangi

Climate impact statement

10.    The 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 grants 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 grants programme will be locally advertised through 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

2021/2022 Upper Harbour Local Board Grants programme

33

     

Ngā kaihaina

Signatories

Author

Ruchita Patel - Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/01936

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To support the draft statement of proposal to amend the Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe / Auckland Council Animal Management Bylaw 2015 and associated controls before it is approved for public consultation.

Whakarāpopototanga matua

Executive summary

2.      To enable the local board to provide its view on the statement of proposal to amend the Animal Management Bylaw 2015 and controls, staff have prepared a draft proposal.

3.      The draft proposal would continue to enable council to regulate the keeping of animals in order to minimise risks to public health and safety, nuisance, offensive behaviour and misuse of council-controlled public places caused by people interacting with animals.

4.      The main draft proposed changes are to:

·        require an approval to keep more than two standard beehives on urban properties with an area less than 2000m2 (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 2021 to recommend a statement of proposal to the Governing Body. Public consultation is scheduled for July, deliberations in November and a final Governing Body decision in December 2021.

Ngā tūtohunga

Recommendation/s

That the Local Board:

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

Horopaki

Context

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

8.      The Te Kaunihera o Tāmaki Makaurau Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015 and associated 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 council’s 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 2000m2 (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 council’s 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 (resolution number 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 views to a Bylaw Panel on any public feedback to the proposal from people in the local board area.

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.    The following risk has been identified:

If...

Then...

Mitigation

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

there may be negative attention to council regarding the bylaw.

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Statement of Proposal

43

b

Previous local board views

131

c

Regulatory Committee decisions on bylaw improvements

137

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03203

 

  

 

Te take mō te pūrongo

Purpose of the report

1.           To support 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 micro-mobility 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 2021 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 Upper Harbour 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 seeks to minimise risks to public safety, nuisance and the misuse of council-controlled public places caused by trading activities (including micro-mobility), 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:

         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

11.        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.

12.        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

13.        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.

14.        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 micro-mobility devices

· to include specific rules for rental micro-mobility 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

15.        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, Waitākere 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

16.        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

17.        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

18.        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.

19.        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

20.        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.

21.        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 unanimously supported a new bylaw and suggestions on the detailed content.[6]

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

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

24.        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

25.        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.

26.        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.

27.        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.

28.        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

29.        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

30.        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

31.        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

145

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Auckland Transport 2021 Regional Land Transport Programme

File No.: CP2021/03650

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To receive feedback on the proposed 2021 Regional Land Transport Programme in the local board area.

Whakarāpopototanga matua

Executive summary

2.      This report covers the following:

·        a summary of what the Regional Land Transport Programme is about and the process of its development

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

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive the Auckland Transport 2021 Regional Land Transport Programme report.

b)      provide feedback on the Auckland Transport 2021 Regional Land Transport Programme (refer to Attachment A of the agenda report).

Horopaki

Context

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

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

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

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

·              Auckland Transport Alignment Project (ATAP)

·              Auckland Plan 2050

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

·              National Land Transport Programme (NLTP)

·              Government Policy Statement on Land Transport (GPS).

7.      It is worth noting that AT is not a party to ATAP discussions but that the direction expressed in this document is a key driver for outcomes in the RLTP. Likewise, the LTP sets funding levels for key programmes in the RLTP, such as the Local Board Transport Capital Fund.

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

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

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

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

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

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

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

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

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

12.    At its meeting on 11 March 2021, the Planning Committee unanimously endorsed the draft RLTP. The ATAP itself was released on 12 March 2021. The RTC formally approved the draft RLTP for public consultation at its meeting on 23 March 2021.

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

Date

Action

23 March 2021

RTC considers draft RLTP for public consultation

29 March-2 May 2021

Proposed dates for public consultation

May 2021

Evaluation of public consultation

27 May 2021

RTC review final draft RLTP

3 June 2021

Governing Body review RLTP for endorsement

June 2021

AT Board reviews RLTP for final approval

01 July 2021

RLTP operational

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

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


 

Date

Local board engagement

15 Feb 2021

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

29 March – 2 May 2021

Workshops with all local boards to discuss the RLTP

4 – 18 May 2021

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

3 June 2021

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

Tātaritanga me ngā tohutohu

Analysis and advice

16.    The draft long-term plan proposal is to reinstate the Local Board Transport Capital Fund (LBTCF) up to $20 million per annum for the next 10 years. On this basis, the proposed RLTP includes $200 million for local board initiatives. However, it should be noted that this is contingent on the mayor’s proposed rates increase of 5 per cent.

17.    The following table summarises projects planned for delivery in the local board area and surrounding areas and which may be of benefit to residents from Upper Harbour:

Ref

AT projects

Duration

10-year capital expenditure

7

Wainui improvements

2021/22 – 2023/24

$23.1 million

9

Glenvar Road/East Coast Road intersection and corridor improvements

2021/22 – 2024/25

$57.3 million

10

Medallion Drive link

2021/22

$12 million

12

Rosedale Road corridor

2021/22 – 2023/24

$8 million

13

Rosedale and Constellation bus stations

2021/22 – 2023/24

$59 million

14

Northern busway enhancements

2027/28 – 2030/31

$62 million

16

Huapai improvements

2021/22 – 2022/23

$17.5 million

18

Greenfield transport infrastructure – Northwest

2021/22 – 2030/31

$142 million

18

Northwest growth improvements

2026/27 – 2030/31

$185.5 million

19

Northwest bus improvements

2021/22 – 2022/23

$85 million

20

Lincoln Road corridor improvements

2021/22 – 2027/28

$106.2 million

77

Scott Point repayment

2021/22

$5 million

18.    The following table summarises projects within larger programmes which are planned to be delivered in the local board area and surrounding areas and may be of benefit to residents from Upper Harbour:

Ref

Project from a programme

Underlying programme

22

Glenfield bus interchange

Neighbourhood interchanges (AT)

64

Glenfield Road

Safety (AT)

78

Residential speed management - Torbay

Safety (AT)

19.    The following table summarises projects being delivered by Waka Kotahi in the local board area and surrounding areas and may be of benefit to residents from Upper Harbour:

Ref

Non-AT projects

Responsible agency

10-year capital expenditure

8

Penlink

Waka Kotahi

$411 million

11

Northern Corridor (includes busway extension)

Waka Kotahi

$128.2 million

15

SH16 Brigham Creek - Waimauku

Waka Kotahi

$137 million

17

SH18 Squadron Drive interchange upgrade

Waka Kotahi

$68 million

20.    The following map corresponds to the preceding tables and illustrates the location of these projects:

21.    The following table outlines objectives from the local board plan that are approached in the RLTP:

Objectives

RLTP outcomes

An accessible walking and cycling network within our neighbourhoods

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

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

Allocation of $49 million to continue delivering new footpaths in high priority locations.

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

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

An affordable, frequent and reliable public transport network that encourages higher use uptake

The rapid transit network (RTN) is a key investment priority and forms the largest category of capital investment in this RLTP.

The proposed transport programme in this RLTP will deliver a step-change in the coverage and performance of the RTN over the next 10 years. This RLTP will also see the RTN continue to diversify away from the city centre.

Improve roads and connections in Upper Harbour

The ATAP process identified support for brownfields development as the highest priority for growth investment.

This includes $401 million, with a further $100 million to come direct from central government, to support the Auckland Housing Programme in brownfield areas. This will provide for public transport and walking and cycling infrastructure in these areas to encourage sustainable transport behaviour, along with intersection upgrades to minimise the impact on the operation of the surrounding road network.

Includes funding for projects such as:

·    SH18 Squadron Drive interchange upgrade: New west-bound on and off-ramps to complete the interchange (only east-bound ramps are currently provided) and support the Hobsonville and Whenuapai growth areas

·    Scott Point repayment

·    SH16 Brigham Creek - Waimauku.

Target investment to the most significant challenges

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

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

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

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

It also includes projects such as:

·    $35 million for supporting electric vehicles

·    $20 million for environmental sustainability infrastructure

·    $9 million for electric bus trial roadmap

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

·        Auckland Transport Alignment Project

·        Auckland Plan 2050

·        Auckland Council’s Long-Term Plan.

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

Local impacts and local board views

26.    AT has used local board plans to inform the development of the RLTP.

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

·        Chair’s Forum on 15 February 2021

·        a workshop with the Upper Harbour Local Board on 8 April 2021

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

Tauākī whakaaweawe Māori

Māori impact statement

28.    Iwi and mataawaka have been engaged with through AT’s Māori Engagement team.

Ngā ritenga ā-pūtea

Financial implications

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

30.    Local board feedback on the RLTP and any changes made as a result of this could have financial implications depending on what the feedback is. Further information about AT’s priorities for funding and implications of changes to funding levels can be found on pages 80 and 81 of the draft RLTP consultation document (refer Attachment B).

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

32.    Once local boards have resolved their feedback on the RLTP, AT will review this alongside feedback received from the public. This feedback, along with any proposed changes, will be compiled into a report for consideration by the Governing Body and the Auckland Regional Transport Committee.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Regional Land Transport Plan feedback template for local boards

229

b

Draft Auckland Regional Land Transport Plan 2021-2031

235

     

Ngā kaihaina

Signatories

Author

Owena Schuster – Elected Member Relationship Partner, Auckland Transport

Authorisers

Hamish Bunn – General Manager Investment, Planning and Policy, Auckland Transport

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Proposal to vary the Regional Fuel Tax scheme

File No.: CP2021/03600

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

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

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

 

Horopaki

Context

The creation of Auckland’s RFT scheme

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

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

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

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

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

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

Details of the existing scheme

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

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

16.    The original proposal also details:

·        the key objectives of the scheme

·        the effects of the scheme (positive and negative)

·        how it aligned with the relevant strategic documents

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

·        reasoning for the exclusion of Aotea Great Barrier Island

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

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

·        bus priority improvements

·        city centre bus infrastructure

·        improving airport access

·        Eastern Busway (formerly AMETI)

·        park and rides

·        electric trains and stabling

·        ferry network improvements (was downtown ferry redevelopment)

·        road safety

·        active transport

·        Penlink

·        Mill Road corridor

·        road corridor improvements

·        network capacity and performance improvements

·        growth-related transport infrastructure.

Progress of the scheme to 31 December 2020

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

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

20.    Key achievements of the scheme so far include:

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

·        installing red-light running enforcement and CCTV cameras

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

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

Subsequent government funding announcements

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

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

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

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

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

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

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

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

ATAP update and draft RLTP preparation

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Proposed variation to the scheme

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

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

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

·        the rate of the RFT

·        the period of the scheme

·        the area subject to the scheme.

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

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

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

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

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

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

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

 

Consultation

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

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

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

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft proposal to vary Regional Fuel Tax scheme project details

329

b

Proposal for a Regional Fuel Tax (2018)

351

     

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

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03289

 

  

 

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 Upper Harbour 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 chairperson to appoint replacement(s) to the persons in c) should an appointed member be unable to present to the Bylaw Panel on 7 May 2021.

Horopaki

Context

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

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

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

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

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

·        Resource Management Act to protect the environment

·        Marine Mammal Protection Act to protect marine mammals.

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

Council proposed a new bylaw and associated controls for public feedback

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

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

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

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

Decisions leading to the proposal:

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Feedback from people in the local board area supports the proposal

19.    A total of seven 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 proposals 1 and 4b.

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)

43 per cent (3/7 submitters)

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

57 per cent (4/7 submitters)

70 per cent

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

86 per cent (6/7 submitters)

85 per cent

4a:   Make new rules for the Tamaki River entrance

57 per cent (4/7 submitters)

69 per cent

4b:   Make new rules for the commercial port area

43 per cent (3/7 submitters)

75 per cent

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

71 per cent (5/7 submitters)

71 per cent

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

57 per cent (4/7 submitters)

77 per cent

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

57 per cent (4/7 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

57 per cent (4/7 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 2020 and a 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 2 through to 8 and have split support for proposal 1. 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

383

b

Public feedback from people in the Upper Harbour Local Board area

405

c

Operational and non-bylaw-related feedback

433

d

Draft Bylaw Panel deliberations report

435

     

Ngā kaihaina

Signatories

Authors

Bayllee Vyle – Policy Analyst

Fereti Lualua - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Draft Statement of Expectations for council-controlled organisations

File No.: CP2021/03620

 

  

 

 

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 allows for council to issue a Statement of Expectations (SOE) 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 SOE to be part of the suite of accountability tools through which Auckland Council provides direction to its CCOs. An SOE will provide guidance on how CCOs should undertake their business, as compared to the Accountability Policy contained in the long-term plan which focuses 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 SOE (refer Attachment A). It is organised to reflect the wording of section 64B of the Local Government Act 2002 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 10-year budget/long-term plan so that those expectations on CCOs remain in place.  Given this, the SOE 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 Upper Harbour Local Board:

a)      provide feedback on the draft Statement of Expectations (refer to Attachment A of the agenda report), prepared in accordance with section 64B 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 an SOE 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 SOE 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 focuses 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 were previously included there. These aspects have been included in the SOE. 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 (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, e.g., 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 focuses 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 as equal partners in that governance system.

16.    The second section deals with statutory obligations. This simply restates obligations which CCOs will already be well aware of. Consequently, it is relatively short. The second part of this section relates to third parties and this will require more development before approval in late May 2021 and in subsequent iterations. 

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.    The key expectations of CCOs in respect of climate change are contained in the Accountability Policy (1.1.5) and not the SOE. This reflects the complementary nature of the two documents, with the Accountability Policy focusing 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 boards are considering the draft. CCO staff have already been consulted on early drafts as stakeholders for this work.

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

Local impacts and local board views

20.    This report is to seek local board views on the SOE.

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 SOE. This reflects the complementary nature of the two documents, with the Accountability Policy focusing on what council expects of CCOs. 

23.    Nonetheless, as the Kia Ora Tāmaki Makaurau framework is refined and approved (expected in mid-year 2021), it is anticipated 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

461

     

Ngā kaihaina

Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Louise Mason - GM Local Board Services

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Local board feedback on He Pou a Rangi - the Climate Change Commission's draft advice to Government

File No.: CP2021/03287

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To receive input into He Pou a Rangi – the Climate Change Commission’s draft advice to Government.

Whakarāpopototanga matua

Executive summary

2.      He Pou a Rangi - the Climate Change Commission provides independent, evidence-based advice to the Government to help New Zealand transition to a climate-resilient and low emissions future.

3.      The commission released a draft package of advice on 31 January 2021 for public consultation.

4.      Submissions to the commission were due by 28 March 2021.

5.      Local boards were asked to provide their formal feedback to be included in the Auckland Council submission by 22 March 2021.

6.      The Upper Harbour Local Board feedback was not finalised before its business meeting on 18 March 2021, therefore the below agreed process was followed (resolution number UH/2020/47):

That the Upper Harbour Local Board:

a)      delegate authority to the chairperson to approve the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils, where timeframes do not allow for local board input to be considered and approved at a local board meeting.

b)      restate resolution number UH/2019/138 b) iv) from the local board business meeting on 21 November 2019 as follows:

b)     agree to establish topic area leads to effectively and efficiently manage some aspects of the governance work of the local board for the 2019-2022 triennium, and confirm that topic area leads will:

iv)    lead the development of local board feedback on regional policies, plans and strategies relevant to the topic area and report back to the full local board for approval.

c)      note all local input approved and submitted for inclusion in an Auckland Council submission is to be included on the next local board meeting agenda for the public record.

7.      Upper Harbour Local Board’s feedback was submitted on 22 March 2021 to be considered by the delegated Environment and Climate Change Committee members.

8.      A copy of the Upper Harbour Local Board feedback as submitted is set out in Attachment A of this report.


 

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive input on He Pou a Rangi – the Climate Change Commission’s draft advice to Government, as set out in Attachment A of this agenda report.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Upper Harbour Local Board feedback on He Pou a Rangi - the Climate Change Commission's draft advice to Government

473

     

Ngā kaihaina

Signatories

Author

Heather Skinner - Local Board Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Additions to the Upper Harbour Local Board 2019-2022 community forum meeting schedule

File No.: CP2021/02901

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To approve additional community forum meetings for the remainder of the 2019-2022 electoral term, from June 2021 to August 2022.

Whakarāpopototanga matua

Executive summary

2.      The local board is being asked to approve community forum meetings for the remainder of the 2019-2022 electoral term as these have only been formalised up until 6 May 2021.

3.      The local board agreed at the beginning of the triennium to hold these meetings at 6.30pm on the first Thursday of each calendar month.

4.      The schedule was not formalised for the entire triennium as it was the local board’s preference to hold these meetings at external community venues on a quarterly basis. As this was a new initiative, board members wanted to have the opportunity to evaluate the success of holding these externally before approving the entire schedule.

5.      Due to the COVID-19 pandemic, the board has had to cancel two community forum meetings scheduled to occur at external community venues. Given the continued uncertainty around potential disruption and cancellations due to the pandemic, it is recommended that these meetings proceed at the local board office for the remainder of the 2019-2022 triennium.

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      approve the following additions to the 2019-2022 Upper Harbour Local Board community forum meeting schedule, to be held at 6.30pm in the boardroom at the local board office, 30 Kell Drive, Albany village:

i)        3 June 2021

ii)       1 July 2021

iii)      5 August 2021

iv)      2 September 2021

v)       7 October 2021

vi)      4 November 2021

vii)     2 December 2021

viii)    3 February 2022

ix)      3 March 2022

x)       7 April 2022

xi)      5 May 2022

xii)     2 June 2022

xiii)    7 July 2022

xiv)    4 August 2022.

Horopaki

Context

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

8.      Community forum meetings have not been formalised beyond 6 May 2021 as the local board expressed a desire to hold these at an external community venue once every quarter.

9.      As community venues cannot be used during periods of elevated alert levels due to the COVID-19 pandemic, it is recommended that community forum meetings be held at the local board office, 30 Kell Drive, Albany village, for the remainder of the triennium from June 2021 to August 2022.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

12.    This report requests the local board’s decision to approve additional community forum meetings for the remainder of the triennium, from June 2021 to August 2022.

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

15.    There are no specific risks and mitigations arising from this report.

Ngā koringa ā-muri

Next steps

16.    The Democracy Advisor will implement the processes associated with preparing for community forum meetings.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Cindy Lynch - Democracy Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

Approval for new private road names at 21 Waka Moana Drive, Hobsonville

File No.: CP2021/02622

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To approve two new private road names created by way of the stage 1 and 2 subdivision development at 21 Waka Moana Drive, Hobsonville.

Whakarāpopototanga matua

Executive summary

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

3.      On behalf of the developer and applicant (Avanda Group), agent Ken Ha of Maven Associates Limited, has proposed the names presented below for consideration by the local board.

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

5.      Mana whenua have been consulted in the manner required by the guidelines.

6.      The proposed names for the new private roads, being commonly owned access lots (COALs), at 21 Waka Moana Drive are listed in the following table:

Road

Proposed name/s

COAL 1

Arvo Lane (preferred)

Rererangi Way (alternative)

Curiss Way (alternative)

COAL 2

Auster Lane (preferred)

Rererangi Way (alternative)

Curiss Way (alternative)

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      approve the road name ‘Arvo Lane’ or ‘Rererangi Way’ or ‘Curiss Way’ for commonly owned access lot 1, which has been created by way of the stage 1 and 2 subdivision being undertaken by Avanda Group at 21 Waka Moana Drive, Hobsonville.

b)      approve the road name ‘Auster Lane’ or Rererangi Way’ or ‘Curiss Way’ for commonly owned access lot 2, which has been created by way of the stage 1 and 2 subdivision being undertaken by Avanda Group at 21 Waka Moana Drive, Hobsonville.

 

Horopaki

Context

7.      Resource consent BUN60306389 (subdivision reference number SUB60306413) was issued in March 2021 for the construction of 68 new residential freehold units and two commonly owned access lots (COALs).

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

9.      In accordance with the standards, any road including private ways, COALs, and rights-of-way, that serve more than five lots, generally require a new road name in order to ensure safe, logical and efficient street numbering.

Tātaritanga me ngā tohutohu

Analysis and advice

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

11.    The guidelines provide for road names to reflect one of the following local themes, with the use of Māori names being actively encouraged:

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

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

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

12.    The area for this subdivision has been named the ‘Airfields’ development. The proposed road names reflect the historic use of the land which was formerly part of the Hobsonville air force base. For this reason, the applicant has chosen names to complement this theme, as detailed in the following table:

Reference

Proposed name

Meaning (as described by applicant)

COAL 1

Arvo Lane (preferred)

Name of a historic aircraft

Rererangi Lane (alternative)

Māori term for aviation, aircraft etc

Curiss Lane (alternative)

Name of a historic aircraft

COAL 2

Auster Lane (preferred)

Name of a historic aircraft

Rererangi Lane (alternative)

Māori term for aviation, aircraft etc

Curiss Lane (alternative)

Name of a historic aircraft

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

14.    Land Information New Zealand (LINZ) has confirmed that all proposed names are acceptable for use at this location.

15.    ‘Lane’ is an acceptable road type for the new private roads, suiting the form and layout of the COAL.

16.    Mana whenua were consulted in line with the processes and requirements described in the guidelines. Additional commentary is provided in paragraph 17 below.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

20.    To aid local board decision-making, the guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process and the allocation of road names where appropriate.

21.    The guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

22.    The road names proposed in this report have been provided to all mana whenua by the applicant for consideration and no feedback was received.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site plans and location map for 21 Waka Moana Drive, Hobsonville

485

     

Ngā kaihaina

Signatories

Author

Dale Rewa - Subdivision Advisor

Authorisers

Trevor Cullen - Team Leader Subdivision

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Governance forward work calendar - May to December 2021

File No.: CP2021/02845

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      To present the updated governance forward work calendar.

Whakarāpopototanga matua

Executive summary

2.      The governance forward work calendar for the Upper Harbour Local Board is in Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff.

3.      The governance forward work calendars were introduced in 2016 as part of Auckland Council’s quality advice programme and aim to support local boards’ governance role by:

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

·      clarifying what advice is expected and when

·      clarifying the rationale for reports.

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

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive the Upper Harbour Local Board governance forward work calendar for the period May to December 2021, as set out in Attachment A to this agenda report.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance forward work calendar - May to December 2021

491

     

Ngā kaihaina

Signatories

Author

Cindy Lynch - Democracy Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Record of the Upper Harbour Local Board workshops held on Thursday 11 and 25 March, and 1 April 2021

File No.: CP2021/02846

 

  

 

Te take mō te pūrongo

Purpose of the report

1.      Upper Harbour Local Board workshops were held on Thursday, 11 and 25 March, and 1 April 2021. Copies of the workshop records are attached (refer to Attachments A, B and C).

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive the records of the Upper Harbour Local Board workshops held on Thursday 11 and 25 March, and 1 April 2021 (refer to Attachments A, B and C to the agenda report).

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Record of workshop - 11 March 2021

495

b

Record of workshop - 25 March 2021

497

c

Record of workshop - 1 April 2021

499

     

Ngā kaihaina

Signatories

Author

Cindy Lynch - Democracy Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

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Upper Harbour Local Board

15 April 2021

 

 

Board members' reports - April 2021

File No.: CP2021/02847

 

  

 

Te take mō te pūrongo

Purpose of the report

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

[Note: This is an information item and if the board wishes any action to be taken under this item, a written report must be provided for inclusion on the agenda.]

 

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a)      receive the verbal and written board members’ reports.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Cindy Lynch - Democracy Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Upper Harbour Local Board

15 April 2021

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.1      Attachment a    Transpower presentation       Page 505

Item 8.2      Attachment a    Harbour Hospice presentation           Page 517

Item 8.3      Attachment a    Whenuapai / Herald Island Ratepayers and Residents Association presentation        Page 529


Upper Harbour Local Board

15 April 2021

 

 













Upper Harbour Local Board

15 April 2021

 

 












Upper Harbour Local Board

15 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.