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

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 21 April 2021

5.15pm

Local Board Office
10 Belgium Street
Ostend
Waiheke

 

Waiheke Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Cath Handley

 

Deputy Chairperson

Bob Upchurch

 

Members

Kylee Matthews

 

 

Robin Tucker

 

 

Paul Walden

 

 

(Quorum 3 members)

 

 

 

Dileeka Senewiratne

Democracy Advisor

 

16 April 2021

 

Contact Telephone: 021 840 914

Email: dileeka.senewiratne@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Waiheke Local Board

21 April 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

9          Public Forum                                                                                                                  5

10        Extraordinary Business                                                                                                5

11        Councillor's Update                                                                                                       7

12        Minutes of the Waiheke Transport Forum 7 April 2021                                           27

13        Auckland Transport Report - April 2021                                                                   37

14        Auckland Transport – Regional Land Transport Programme 2021                       47

15        Proposal to vary the Regional Fuel Tax scheme                                                     59

16        Auckland Council's Performance Report: Waiheke Local Board for November 2020 to February 2021                                                                                                        113

17        Waiheke Local Board Grants Programme 2021/2022                                            149

18        Waiheke Walking Festival 2021 Funding                                                                157

19        Deputy Chairperson position discussion                                                               163

20        Review of the Code of Conduct - draft revised code                                             167

21        Draft Statement of Expectations for Council-controlled Organisations             271

22        Statement of proposal to amend the Animal Management Bylaw and controls 287

23        Proposal to make a new Public Trading and Events Bylaw                                 391

24        Public feedback on proposal to make new navigation rules                                473

25        Chairperson's report                                                                                                 547

26        Waiheke Local Board Workshop record of proceedings                                      551

27        Community Forum record of proceedings                                                             567

28        List of resource consent applications - 7 March to 10 April  2021                      571

29        Local board governance forward work calendar - April 2021 update                 577

30        Consideration of Extraordinary Items

 


1          Welcome

 

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

 

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace… good peace.

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

 

4          Confirmation of Minutes

 

That the Waiheke Local Board:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 24 March 2021, as a true and correct record.

 

 

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 Waiheke Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

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

 

9          Public Forum

 

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

 

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

 

10        Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Waiheke Local Board

21 April 2021

 

 

Councillor's Update

File No.: CP2021/02904

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide Waitemata and Gulf Ward Councillor Pippa Coom with an opportunity to update the Waiheke Local Board on Governing Body issues.

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a)         receive Waitemata and Gulf Ward Councillor, Pippa Coom’s update.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Councillor's Update - April 2021

9

      

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Minutes of the Waiheke Transport Forum 7 April 2021

File No.: CP2021/02905

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present an update and minutes to the Waiheke Local Board from the business meeting of the Waiheke Transport Forum (the forum) held on 7 April 2021.

Whakarāpopototanga matua

Executive summary

2.       The business meeting of the Waiheke Transport Forum was held on 7 April 2021 and minutes are included as Attachment A.

3.       The following items were discussed:

·        request the Waiheke Local Board seek advice from Auckland Transport with respect to permanent changes at the Old Matiatia Wharf and effects on wharf users outside of the commercial ferry.

·        request the Waiheke Local Board seek advice from Auckland Transport with respect to Donald Bruce roundabout design and the incorporation of cycleways into the design as works currently appear to be like for like.

·        note that the Auckland Transport’s Regional Land Transport Plan (RLTP) as it relates to Waiheke presentation will be held at the Waiheke Library on Thursday April 8th at 4pm. 

4.       The forum has been working with Auckland Transport staff to develop a vision and set of principles for the Waiheke Transport Design Guide. The forum has agreed with the attached document and referred it to the board for its review and approval. (Attachment B)

 

 

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

a)         note the minutes of the Waiheke Transport Forum business meeting dated 7

         April 2021.

b)      request advice from Auckland Transport with respect to permanent changes at the

         old Matiatia wharf and effects on wharf users outside of the commercial ferry.

c)      request advice from Auckland Transport with respect to Donald Bruce roundabout

         design and the incorporation of cycleways.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waiheke Transport Forum Minutes - 7 April 2021

29

b

Waiheke Transport Design Guide updated principles

35

     

Ngā kaihaina

Signatories

Authors

Mark Inglis - Local Board Advisor

Authorisers

Louise Mason - GM Local Board Services

Glenn Boyd - Local Area Manager

 


Waiheke Local Board

21 April 2021

 

 

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21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Auckland Transport Report - April 2021

File No.: CP2021/04064

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an update to the Waiheke Local Board on transport related matters in their area including the Local Board Transport Capital Fund (LBTCF), and Community Safety Fund (CSF).

Whakarāpopototanga matua

Executive summary

This report covers:

2.       A general summary of operational projects and activities of interest to the board.

3.       An update on Auckland Transport projects identified in the Waiheke 10 Year Transport Plan.

4.       An update on the board’s Transport Capital Fund and Community Safety Fund.

 

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

a)      receive the Auckland Transport April 2021 update report.

 

 

Horopaki

Context

5.       Auckland Transport is responsible for all of Auckland’s transport services, excluding state highways. We report monthly to local boards, as set out in our Local Board Engagement Plan. This reporting commitment acknowledges the important engagement role local boards play within the governance of Auckland on behalf of their local communities. 

6.       This report updates the Waiheke Local Board on Auckland Transport (“AT”) projects and operations in the local board area, it updates the local board on their advocacy and consultations and includes information on the status of the Local Board Transport Capital Fund (“LBTCF”) and Community Safety Fund (“CSF”).

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Transport Capital Fund (LBTCF)

7.       The LBTCF is a capital budget provided to all local boards by Auckland Council and delivered by Auckland Transport. Local boards can use this fund to deliver transport infrastructure projects that they believe are important but are not part of AT’s work programme

8.       The LBTCF for the 20/21 financial year has been set at $5.0 million for allocation across the 21 local boards. Allocation is based on the Local Board Funding Policy. Decisions about the 21/22 and 22/23 financial years will form part of the Long-Term Plan/Regional Land Transport Plan (LTP/RLTP) discussions.

9.       Advice from the Finance Department is that with specific budgets unknown for 21/22 and 22/23 financial years, boards are unable to combine future years allocations into a single project.

10.     Boards are encouraged to target delivery of smaller projects or complete design and documentation for a project than can be physically delivered in 21/22.

11.     The Waiheke Local Board share of the 20/21 LBTCF allocation is $97,061.

12.     The local board agreed at the November business meeting to allocate $25,000 of the LBTCF allocation to install two shelters on the taxi rank platform at Matiatia. These shelters were installed in December 2020.

13.     Auckland Transport will work with the local board to discuss and advise on the best use of the remaining budget.

Community Safety Fund (CSF)

14.     The CSF is a capital budget established by Auckland Transport for use by local boards to fund local road safety initiatives. The purpose of this fund is to allow elected members to address long-standing local road safety issues that are not regional priorities and are therefore not being addressed by the Auckland Transport programme.

15.     The CSF is funded from Auckland Transport’s safety budget and is dependent on the level of funding AT receives from Council. This level of funding has been constrained through the Emergency Budget process. Public consultation and design work is progressing so that projects are designed and ready to go when the money becomes available.

16.     Safety projects will be prioritized according to DSI (death and serious injury) data and therefore local board community safety projects will continue with planning and design but may not be delivered in the 20/21 financial year.

Management Accounts:

17.     The table below has a general summary of projects and activities of interest to the local board with their status. Please note that:

·    All timings are indicative and are subject to change.

·    The Waiheke Operations Manager will update the local board in the event of any amendments or changes to the summaries provided for below.

Activity

Update

EV chargers

A request for installation and supply of EV chargers at 107 Donald Bruce Rd, Surfdale (Kennedy Point upper carpark) is currently being investigated.

AT is also waiting on legal advice regarding to on-street applications at 26 Anzac Rd, Orapiu, and 1 Third Ave, Onetangi.

 

Wharves

Matiatia Wharf (main)

Project objective: Phase one - to replace the old gangways, pontoon and hydraulic lifting system at the southern (main) berth.

 

The preliminary design and modelling was completed and released to open market on 22 Dec 2020 via the Government Electronic Tender Service (GETS).

 

The design-build tender extended and closed 6 April. Tender reviews were completed 12 April. Moderation to get a preferred supplier planned for 13-14 April with the intention to award the contract as soon as possible.

 

The local board will be provided with proposed timeframes following contractor award. 

 

Once the installation works go ahead on site for the new southern berth (phase one), it will mean that both the southern and northern berth will need to be removed. Phase one works includes full replacement of the southern berth.

 

The northern berth (phase two) requirement has grown significantly in project size and scope primarily to enable compliant gradients ascertained from accessibility feedback.

The northern berth was permanently closed on 6 April with the old wharf available as a backup berth.

 

Matiatia Wharf (old)

Project objective: To enable commuter vessels to berth at this wharf in the event of emergency or as back up to works taking place on the main berths

 

Berthing trials with Fullers arranged for 12 April.

 

Quotes have been obtained for temporary shelter on the old wharf factoring in wind and other requirements.

 

Waiheke Coastguard

The Waiheke Coastguard currently occupy a permanent berthing position alongside the main wharf and recently expressed a desire to relocate permanently to the old wharf.

 

AT is currently waiting on a formal proposal from Coastguard.

 

Matiatia Wharf (toilets upgrade)

Construction works on upgrading the toilet facilities at the Matiatia ferry terminal commenced on site 16 November 2020.

 

The new facilities include:

·    A new building to accommodate females, containing seven toilets and three hand wash basins.

·    Existing male/female facility will be renovated to accommodate the males with three toilets, four urinals and three hand wash basins.

·    The existing facility will also house a new accessible facility and a unisex toilet, each with its own hand wash basin.

·    A new canopy over the extended portion of the building.

 

Current Progress:

·    Project is complete and commissioned.

·    Minor snag items were identified which will be completed by end April. These snag items do not affect the use of the toilets.

·    The temporary toilets will be removed by end of April.  

 

Road Maintenance

Programmed works

April includes grading and metaling of various unsealed roads, water tabling and other routine cyclic maintenance.

 

Sweeping

·    Additional sweeping of all reseal sites undertaken during February.

 

Grading and Metaling

·      Man ‘O War Bay Rd completion estimate 20th April.

 

Road maintenance

·      Orapiu Rd, Orapiu

·      Onetangi Rd, Onetangi

·      O’Brien Rd, Omiha - repair road slumps approx. 20th-22nd April.

 

Metro Ferry Services

Ferry Services

Patronage for the month was impacted by Auckland starting the month in Alert Level 3 through until 7 March when the region moved down to Alert Level 2, where we stayed until 12 March.

 

Since returning to Alert Level 1 on 12 March, patronage has performed well across all service providers, in particularly on the vehicular ferries which was close to the patronage reported in March 2019. There are encouraging signs across all ferry public transport routes that the patronage recovery is performing well, with 2021 numbers now being consistently above 80% of 2019 figures.

 

Whilst there was pent up demand experienced on the first weekends after revised Alert Levels, overall there were no major issues or incidents reported with capacity and queues in the month of March.

 

COVID-19

Crew and passenger compliance with Ministry of Health guidelines and Health Notices through the month continued to be good – even during the elevated levels of Alert. During Alert Level 3, the sale of food and beverage on-board vessels continued to be suspended, and only reintroduced when Auckland returned to Alert Level 1.

 

Crew and AT / Fullers360 messaging continues to support the requirement for masks to be worn whilst onboard ferries; but continued support and enforcement management will be required from police if compliance levels are to significantly improve. Customer fatigue with the on-going COVID protection measures and change in Alert Levels increased through the month.

 

Regular audits of QR Codes and MoH / COVID related posters continue, as does the deep cleaning of vessels by Fullers360.

 

America’s Cup Service Delivery

March saw the completion of the America’s Cup 36 Sailing Regatta. The timetables delivered were the same as those used for the Christmas Cup and Prada Series / Finals, and managed to cope well with the speed restrictions, congestion on the harbour and the reduced frequency / capacity.

 

Bus Patronage

Overall patronage on the island during February was around 60% of usual demand.

 

 

504 bus service consultation

AT consulted during December with users of the 504 bus service for their feedback on four options for the future of this service.

 

Feedback closed on 20 December 2020, and any changes are planned to occur later in 2021. AT will advise the local board of the changes planned.

 

 

Update on Auckland Transport operations:

18.     This list is initially an update on the projects outlined in the “Waiheke 10 Year Transport Plan: Project Lists draft for consultation June 2019”.

19.     Progress on these projects are subject to the outcomes from the Emergency Budget 2020/2021.

20.     The Waiheke Operations Manager will update the local board in the event of any amendments or changes to the summaries provided for below.

 

Activity

Summary

Update

Te Huruhi School

New pedestrian crossing outside Te Huruhi School, Donald Bruce Rd.

Funding secured for new pedestrian crossing outside the new school.

Installation of a temporary crossing being investigated whilst design for a permanent crossing is being completed.

 

Matiatia landside transport improvements

Development of a strategic business case for the master redevelopment of the Matiatia precinct, including carparking, footpaths, surrounding streets and modal access arrangements

Transport and non-transport Matiatia Plan workstreams are both on hold.

$25.6m is identified in the draft RLTP for this project.

 

New bus network infrastructure

Provision of infrastructure to support the new Waiheke bus network, which will require new bus stops and the removal of redundant bus stops

Donald Bruce Road, Surfdale.

Seven stops (two with shelters) will be built/upgraded starting shortly and are expected to be completed by 30 June 2021.

 

The two stops with shelters at this stage are corner of Esslin Rd and Donald Bruce Rd, and outside the School – both on the Matiatia bound side of the road.

 

Ocean View Road, Oneroa. Recently confirmed funding will now allow for the bus stop at 112 Ocean View Rd to be designed, consulted on, and resolved.

Meeting confirmed with Local Board for feedback on 28 April.

 

Regulated parking – Belgium St

Modification and upgrade of the bus stops, pedestrian crossings and footpaths on Belgium Street, as well as implementation of regulated parking

 

Design work for future bus stop improvements is progressing.

Regulated parking of P120 8am to 6pm Monday to Sunday in the bays on the council offices side of the road. Signage to be installed by end April.

 

Roadway maintenance - Moa Rd

Rehabilitation of roadway surfacing on Moa Road

AT will continue to inspect and maintain Moa Rd as per the other roads in the region.

 

No further update available.

 

Pedestrian crossing - Alison Rd

Investigation of a new pedestrian crossing on Alison Road

There is a crossing point with a central island at the intersection with Jellicoe Parade.

 

Further assessment for an additional crossing to be discussed with the local board at a future workshop. Limited funding is available this financial year.

 

Crossing improvement - Sea View Rd

Upgrade of the crossing on Sea View Road to high friction surfacing

Considered for upgrade in new financial year.

 

To be discussed with the local board at a future workshop. Limited funding is available this financial year.

 

Matiatia Renewal 2

Upgrade of the gangway lift and installation of steel plates and hydraulics at the new Matiatia wharf

 

The design-build tender closed 6 April. Tender reviews were completed 12 April with the intention to award the contract as soon as possible.

 

The local board will be provided with proposed timeframes following contractor award. 

 

Matiatia Renewal 3

Refurbishment of existing toilet facilities at Matiatia ferry terminal and provision of additional toilets

 

Project is complete and commissioned.

The temporary toilets will be removed by end April.

Downtown Ferry Terminal redevelopment

Relocation of Pier 3 and 4 at the Downtown Ferry Terminal (city centre) to Queens Wharf West

The creation of six new of berths on the western side of Queens Wharf. All berths fully operational by mid-2021.
Finishing works ongoing until end-April 2021.

 

Intersection upgrade - Moa Road / Oceanview Rd

Upgrade of the Moa Road / Oceanview Road intersection to improve road safety and allow for pedestrian access to Little Oneroa.

 

Investigation complete – being considered for detailed design stage. Currently subject to funding confirmation.

 

 

Community Safety Fund

21.     The CSF is funded from AT’S safety budget and is dependent on the level of funding AT receives from Auckland Council. This level of funding has been constrained through the 2020 Emergency Budget process.

22.     Now that Auckland Council’s emergency budget is confirmed, AT is reviewing all CSF projects. It is possible that some projects are delayed or even stopped.

23.     The local board resolved for Auckland Transport to construct an improved and dedicated pedestrian and cycle facility along Causeway Road (coastal side).

24.     This is project 13 from the Waiheke 10 Year Transport Plan.

 

Project

Approved funding

Update

The Causeway – from Shelley Beach Rd to the Boating Club

Community Safety Fund (CSF)

Detailed design currently delayed due to a requirement to undertake a topographical survey and geotechnical tests.

 

Public feedback is complete and various concerns expressed have been passed on to other divisions for input and/or clarification. These items will be collated and provided to the local board as additional information.

 

Regarding construction, this project will proceed when funding become available.

The local board will be advised on budget confirmation and progress.

 

 

Outstanding AT responses to local board requests or queries

25.     WHK/2020/63. Provide details of the process for closing The Esplanade to all motor vehicles except those used for emergency purposes. In progress with Traffic Safety and AT Legal.

26.     Provide confirmation of process and local options for treatment of abandoned vehicles. In progress.

27.     WHK/2020/10. Provide clarity around Auckland Transport’s position on managing apparent anti-completive practices at Matiatia (and Downtown) ferry terminals, and surrounds.

28.     WHK/2021/23. Request an update and clarification from Auckland Transport with regards to the design and construction of the planned causeway cycleway under the community safety fund, particularly with respect to timeframes. Updated design delayed due to a requirement for a topographical survey and geotechnical test. Information input being provided by other AT divisions, and these will be collated and provided to the local board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29.     Auckland Transport engages closely with Council on developing strategy, actions and measures to support the outcomes sought by the Auckland Plan 2050, the Auckland Climate Action Plan and Council’s priorities.

30.     Auckland Transport’s core role is in providing attractive alternatives to private vehicle travel, reducing the carbon footprint of its own operations and, to the extent feasible, that of the contracted public transport network.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31.     The impact of the information in this report is confined to Auckland Transport and does not impact on other parts of the Council group. Any engagement with other parts of the Council group will be carried out on an individual project basis.

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

Local impacts and local board views

32.     The proposed decision of receiving the report has no local, sub-regional or regional impacts.

Tauākī whakaaweawe Māori

Māori impact statement

33.     The proposed decision of receiving the report has no impacts or opportunities for Māori. Any engagement with Māori, or consideration of impacts and opportunities, will be carried out on an individual project basis.

Ngā ritenga ā-pūtea

Financial implications

34.     There are no financial implications of receiving this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

35.     Auckland Transport is reviewing our annual works programmes in response to Auckland Council’s emergency budget adopted at the end of July 2020.

36.       Auckland Transport’s capital and operating budgets have been reduced through this process, so some projects planned for 2020/21 may not able to be delivered.

37.     Both the Community Safety Fund and the Local Board Transport Capital Fund are impacted by these budget reductions.

Ngā koringa ā-muri

Next steps

38.     Auckland Transport will provide another update report to the local board at their next business meeting in May 2021.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Richard La Ville – Operations Manager – Waiheke and Gulf Islands Airfields – Auckland Transport

Authorisers

John Strawbridge – Group Manager Parking Services and Compliance – Auckland Transport

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

Auckland Transport – Regional Land Transport Programme 2021

File No.: CP2021/02906

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2.       This report covers:

·        A summary of what the RLTP is and the process of its development.

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

 

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

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

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

 

 

Horopaki

Context

3.       The RLTP is a 10-year investment programme for transport in Auckland. It includes the activities of Auckland Transport, 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 the final approving of the RLTP.

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

· Auckland Transport Alignment Project (ATAP)

· The Auckland Plan 2050

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

· National Land Transport Programme (NLTP)

· Government Policy Statement on Land Transport (GPS)

7.       It is worth noting that 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), that provided an additional $1.5bn of direct revenue over 10 years. Including the RFT, the 2018 RLTP anticipated a $10 billion capital programme over ten years.

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

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

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

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

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

·     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% 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 the Planning Committee unanimously endorsed the draft RLTP.  ATAP itself was released on Friday 12 March. 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

RTC considers draft RLTP for public consultation

29 March-2 May

Proposed dates for public consultation

May

Evaluation of public consultation

27 May

RTC review final draft RLTP

3 June

Governing Body review RLTP for endorsement

June

AT Board reviews RLTP for final approval

01 July

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

Date

LB Engagement

15 Feb

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

29 March – 2 May

Workshops with all local boards to discuss the RLTP.

4 – 18 May

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

3 June

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

 

Tātaritanga me ngā tohutohu

Analysis and advice

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

17.     The below tables summarises projects that are planned to be delivered in the Local Board area and surrounding areas and could be of benefit to residents from Waiheke Local Board area.

#

AT Projects

Duration

10 Year Capital Expenditure ($M)

27

Matiatia Park and Ride

2021/22 - 2025/26

25.6

73

Waiheke 10 Year Transport Plan

2024/25 - 2025/26

10.0

56

Downtown Crossover Bus Facilities

2026/27 - 2030/31

220.0

57

Wynyard Quarter Integrated Road Programme

2022/23 - 2024/25

46.1

61

Midtown Bus Improvements

2021/22 - 2030/31

131.7

62

Albert and Vincent Street Bus Priority Improvements

2027/28 - 2030/31

8.1

63

CRL Road Side Projects

2022/23 - 2023/24

7.3

72

Downtown Ferry Basin Redevelopment

2021/22

2.0

18.    The below tables summarises projects within larger programmes, that are planned to be delivered in the Local Board area and surrounding areas and could be of benefit to residents from Waiheke.

 

 

#

Project from a Programme

Underlying Programme

29

Symonds Street & Anzac Avenue

Connected Communities (AT)

58

Fanshawe Street

Safety (AT)

59

Hobson Street / Nelson Street

Safety (AT)

60

The Strand Special Vehicle Lane

Network Performance / Optimisation

 

19.     The below table summarizes projects being delivered by Waka Kotahi that are planned to be delivered in the Local Board area and surrounding areas and could be of benefit to residents from Waiheke.

 

Non-AT Projects

Responsible Agency

10 Year Capital Expenditure ($M)

41

Wiri to Quay Park

Note: only the Quay Park Junction part of this project is shown on the adjacent map. Majority of this project and spend will occur outside of mapped area (refer previous slide).

KiwiRail

209.0

63

City Rail Link

CRLL

2,600.0

20.    The below maps correspond to the above tables and shows the location of the projects:

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

Objectives

RLTP outcomes

Matiatia is redeveloped in consultation with mana whenua, and subsequently with all other stakeholders.

The RLTP includes $25.6million for improvements for the landside transport infrastructure at Matiatia Wharf.

A safe roading network that meets the needs of all road users and supports the special character of Waiheke.

The RLTP includes $10 million to begin implementing priority initiatives from the Waiheke Transport Plan.

An accessible and fit for purpose public transport network with fleet diversification.

Auckland’s first fleet of eight EV buses commenced in November 2020 on Waiheke with the balance of the fleet to be replaced as they reach their end of life. 

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 Councils emissions targets. This plan, along with a Climate Change Programme Business Case will be developed as part of this RLTP.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

·        Auckland Transport Alignment Project (ATAP)

·        The Auckland Plan 2050

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

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

Local impacts and local board views

26.    Auckland Transport 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 the 15th February 2021

·        A workshop with the Waiheke Local Board on the 21st March 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 through AT’s Maori 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 that feedback could have financial implications depending on that feedback. Further information about AT’s priorities for funding and implications of changes to funding levels can be found on page 80 of the RLTP consultation document.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Richard La Ville – Operations Manager Waiheke, Auckland Transport

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

RLTP Local Board Feedback template

53

     

Ngā kaihaina

Signatories

Author

Richard La Ville – Operations Manager – Waiheke and Gulf Islands Airfields – Auckland Transport

Authorisers

Hamish Bunn – General Manager -  Investment, Planning & Policy, Auckland Transport

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Proposal to vary the Regional Fuel Tax scheme

File No.: CP2021/03636

 

  

 

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

Recommendations

That the Waiheke 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

65

b

Proposal for a Regional Fuel Tax (2018)

87

     

Ngā kaihaina

Signatories

Authors

Justine Yu - Senior Advisor - Financial Policy

Michael Burns - Manager Financial Strategy

Authorisers

Ross Tucker - General Manager -  Financial Strategy and Planning

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Auckland Council's Performance Report: Waiheke Local Board for November 2020 to February 2021

File No.: CP2021/02875

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

3.       The key activity updates from this period are:

·        Tawaipareira Reserve - replacement of skate park: Skatepark construction has progressed well over this period and practical completion is due 22 April 2021.  Staff are arranging a karakia and soft opening followed by a public opening event in June led by the skateboard community. 

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

5.       The following activities have a status of amber:  

·        Albert Crescent to Wharf Road - renew walkway and retaining wall (ID 2565)

·        Hekerua Bay Reserve - renew path and install retaining wall (ID 2680)

·        Rakino Hall (ID 2741)

·        Rangihoua / Onetangi Reserve - Golf Club - renew - driveway and culvert (ID 2767)

·        Onetangi Sports Park pavilion - renew - roof fastenings (ID 2862)

·        Waiheke Low Carbon Action Plan (ID 1575)

·        Swimming pool development fund (ID 205)

·        Area Plan for Waiheke (ID 3626)

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

7.       Auckland Council adopted its Emergency Budget 2020/2021 on the 30th of July 2020, a month later than normal due the impacts of COVID-19.

8.       The overall operational net cost of service in the Waiheke Local Board area for the eight months ended on 28 February 2021 was $4.7 million, which was marginally below the year-to-date budget. Majority of the underspend was in Local Community Services locally driven initiatives (LDI) operational budgets.

9.       Capital investment of $356,000 was delivered in the Waiheke Local Board area in the period ended on the 28 February of the financial year. This was only 40 per cent of the year-to-date budget. Slower than expected delivery of renewals projects was the main factor behind this underspend.

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

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

 

Horopaki

Context

10.     The Waiheke Local Board has an approved 2020/2021 work programme for the following operating departments:

·        Community Services (Arts, Community and Events; Libraries and Information; Parks, Sport and Recreation; and Service Strategy and Integration) approved on 26 August 2020

·        Community Facilities: Build Maintain Renew and Community Leases, approved on 26 August 2020

·        Infrastructure and Environmental Services, approved on 26 August 2020

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

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

Previous Department - Unit

Current Department - Unit

Arts, Community and Events - Community Places

Connected Communities – Community Places

Arts, Community and Events - Community Empowerment

Connected Communities – Community Empowerment

Arts, Community and Events - Community Empowerment (Youth)

Community and Social Innovation – Youth Empowerment

Arts, Community and Events - Arts & Culture

Regional Service Planning, Investment and Partnerships – Arts & Culture

Arts, Community and Events - Events

Regional Service Planning, Investment and Partnerships – Events

Service, Strategy and Integration

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

Libraries

Connected Communities – Libraries

The Southern Initiative

Community and Social Innovation – The Southern Initiative

The Western Initiative

Community and Social Innovation – The Western Initiative

 

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

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

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

Graph 2: Work programme by RAG status

 

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

Graph 3: Work programme by activity status and department

 

Key activity updates

Local Board Plan Outcome 1: Inclusive planning and placemaking

15.     Waiheke Local Parks Management Plan (ID 1665): During this quarter staff have been liaising with the lessees at Te Huruhi Bay Reserve. Draft plan will now come to the February 2021 board meeting.

16.     Rangihoua Onetangi Park Management Plan (ID 1667): Stakeholder engagement report (Kitchen Table Conversations report) prepared and workshopped with subcommittee in November and December 2020. Feedback on the report was received from stakeholders in January 2021. An additional watercourse assessment information was received in January and results workshopped with local board committee in February 2021. A joint meeting with stakeholder groups was held in March 2021 to develop a vision and principles for the management of the reserve. Subsequent to stakeholder meetings, draft plan is to be developed in late Q3 and Q4.

17.     Waiheke Area Plan (ID 3626) (Amber status):  Feedback from the public consultation on the draft area plan was summarised and a high level overview of feedback themes provided to a working party workshop in December 2020. More detailed advice on feedback prepared for working party consideration in forthcoming workshops in March-May 2021.

18.     Dark Sky Park – Eastern Waiheke (ID 2303): A draft Lighting Management Plan for Eastern Waiheke has been completed for Dark Sky Waiheke by LDP Ltd. The Lighting Management Plan (LMP) is intended to guide the selection, placement, installation and operation of all new and replacement/retrofitted light in the area. Between April and June 2021, the LMP will be presented to the local board. Once finalised the LMP will be used in Dark Sky Waiheke's application to International Dark-Sky Association (IDA) for Dark Sky Park status for the Eastern end of the island.

Local Board Plan Outcome 2: A sustainable economy and positive visitor experience

19.     Waiheke Community Art Gallery (ID 562):  During this quarter there were 11 programmes attracting 4201 participants. Highlights included installation of Kereama Teapas sculptures in the courtyard and the launch of the central Government funded digital touch table as part of an ongoing interactive display in gallery.

20.     Artworks Theatre (ID 565):  Artworks Theatre provided 77 programmes during this quarter with 3651 participants. Highlights included a performance from professional dance company, Black Grace, and the HeART of Christmas festival which attracted around 500 people in the courtyard. The theatre also hosted four events during Pride week which was a great success.

Local Board Plan Outcome 3: Waiheke's environment is treasured

21.     Sustainable Schools – Waiheke Marine Education (ID 1593): Schools attended an action celebration day at Whakanewha in December 2020. The 2021 school year has started with a new cohort of students from each of the four Waiheke Schools. Contractors are preparing for delivery of marine experience days at Enclosure Bay and Owhanake in March 2021.

22.     Waiheke Ecological Volunteers and Environmental programme (ID 145): Sally Horwood Ltd has been coordinating the “Ratbusters Programme” featuring a growing network of local parks that includes 30 local reserves in the trapping network. The Natural Environment Targeted Rate (NETR) funding from the Environmental Services unit also supports 30 privately owned land groups with pest animal control areas. In total there are 620 volunteers as part of the combined programme. Abundance in rat numbers was down to 2.5 per cent in the December 2020 report which is an historic low predator prevalence not seen before.

Local Board Plan Outcome 4: Thriving, strong and engaged communities

23.     Community-led housing initiatives (ID 1055):  During this quarter the board allocated $10,000 to Waiheke Health Trust towards the costs of employing the Healthy Homes Coordinator for a second year. The Coordinator has connected with community groups and social services and has implemented a referral system.

24.     Māori responsiveness (ID 1143): As a result of board funding, Piritahi Marae have employed a Kaiwhakahaere Marae (Marae Manager) to progress projects in line with the Marae's goals, ranging from maara kai, composting, whānau gardening projects, youth programmes and community engagement. As part of the work, the Kaiwhakahaere has been able to secure additional funding to support these projects and for additional coordination hours to ensure the Kaiwhakahaere role is able to continue beyond the local board's initial investment.

25.     Waiheke Low Carbon Action Plan (ID 1575) (Amber status): A stocktake of existing community low carbon initiatives has been completed. A climate hui was planned for late February, however due to COVID-19 Alert Level 3 this was split into two parts. The introductory session was carried out online instead of in-person, and the interactive workshop session was held in March with good community attendance.

26.     Waiheke Library (various IDs):  The team has been focusing on rebuilding connections with the community after the lockdown and numbers of library users and programme participants have been rising although many people are still cautious about physical visits to libraries. Various successful activities have been held during this quarter such as Waitangi Day, pre-school and holiday programming, and development of a Waiheke Local History Archive is underway.

27.     Connecting communities Waiheke – Empowered Communities (ID 1145): During this period the Strategic Broker focused on a number of community-led initiatives. One highlight was the Food Resilience Hui led by Waiheke Resources Trust; part funded by the local board. This was a successful hui attended by over 100 residents.

28.     Community and Social Economic Development (ID 1054): The local board allocated $2,000 to Community Networks Waiheke (CNW) for an island-wide community resilience hui, $8,000 to Eastern End Residents Group for community resilience planning and equipment, and $10,000 to Love Oneroa towards placemaking activities. The CNW hui will take place in April 2021.

29.     The Eastern End residents hosted a community gathering in the Te Matuku Stockyard Reserve in January 2021 to encourage engagement with the project.  Love Oneroa began to implement its placemaking plan to make the village more welcoming for visitors and locals. This included beanbags, wine barrel planters, themed events and working with Waiheke Primary to create a ‘Rakau Rangimarie’ (Peace Tree) for Christmas, creation of social media profiles, and a weekly Waiheke Weekender page.

The Eastern End residents hosted a community gathering in the Te Matuku Stockyard Reserve

 

Local Board Plan Outcome 5: Vibrant places for people

30.     Tawaipareira Reserve - replacement of skate park, play space, bike track, new flying fox (ID 2756): Skatepark construction has progressed well and practical completion is due 22 April 2021.  Staff are arranging for a karakia and soft opening followed by a public opening event in June led by the skateboard community.  Phase two will commence in 2021/2022 which includes implementing the masterplan.

31.     Rangihoua / Onetangi Reserve - Golf Club - renew - driveway and culvert (ID 2767) (Amber): Upon full investigation and proposed design solution, further renewals budget will be required for the design solution than originally planned for. This will be discussed further during FY22 work programme discussion.

32.     Onetangi Sports Park pavilion - renew - roof fastenings (ID 2862) (Amber status): Tenders have closed for the replacement of the purlins.  The contract will shortly be awarded then physical works will commence.

33.     Toilets - open spaces - renew (ID 3230): Project is investigating a new toilet in Oneroa Beach Access Reserve. Options will be presented to the board shortly.

34.     Feasibility study for swimming pool (ID 2259) (Amber status): Funding of $213,000 was granted in June 2020 to the Swimming Pool Society to redevelop Te Huruhi School pool into a community swimming pool. The pool society is working through engagement of a project manager from this funding and is yet to report back to the board.

35.     Rakino Hall relocation (ID 2741) (Amber status):  Updated costings are being obtained for a list and shift option. An asbestos report has identified an area of minor asbestos which does not affect the ability to shift the building. Options will be presented to the Waiheke Local Board to provide direction on the preferred option shortly.

36.     Walking and Cycling Promotion (ID 146) – Walking Festival organisers provided an update to the board in March. Staff will submit a report in April seeking board approval for 2021 festival funding.

37.     Full facilities maintenance contract (ID 262): Key areas of focus during this quarter include repairs to park furniture and track and beach access maintenance, together with vegetation management. Audit results remain consistently in the high 90% range and any maintenance quality issues are addressed with the Full Facilities Contractors on a weekly basis to ensure specifications are met.

 

 

Track modifications at Tin Boat Reserve now allow for access

with strollers or prams.

 

38.     Little Oneroa Reserve playground renewal (ID 2420):  Playground design is underway. Next steps will involve resource consenting if required.

39.     Island Bay Track (ID2612): Resource consent application has been lodged. A request for further information has been made by Council, which is being addressed.

40.     Albert Crescent to Wharf Road walkway (ID 2565) (Amber status): An arborist has been engaged to work with the geotech specialist to redesign the retaining wall. The new design needs to take into account the surrounding vegetation so it is practical and easily built. Next step will be to finalise design and obtain all relevant consents.

41.     Hekerua Bay Reserve - renew path and install retaining wall (ID 2680) (Amber status): A site visit was undertaken with the design engineer and contractor. No alternative design solution could be found. Negotiations with the owner of 92 Great Barrier Road are required to gain approval access so that works on the retaining wall can be undertaken from their property.

 

Local Board Plan Outcome 6:  Transport and Infrastructure

42.     Matiatia Gateway Masterplan (ID 147): The local board, Auckland Transport, Ngati Paoa and other key stakeholders have largely agreed transport and non-transport options to inform development at Mātiatia, to take to public consultation. In May the board will formally resolve on material for the public consultation. That process will trigger further work on developing options including defining open space and non-transport activities. Auckland Transport’s draft Regional Land Transport Plan, currently out for consultation, includes funding of $26 million to deliver transport elements of the Mātiatia project.


Activities on hold

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

·        530 Orapiu Rd, Waiheke - install track (ID 2503): Project is on hold. Section of track includes Kauri and so awaiting information from Kauri Die Back Management team around recommendations for progressing this project.

·        Te Whau Esplanade Reserve - renew Hitapa track (ID 2618): Project is on hold. A walkover of the site with internal geotechnical specialists in October 2019 confirmed there is limited works required relating to slip repairs. This track renewal will be bundled with the track renewal programme, enabling a renewal of the walking track in its entirety.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

47.     This report informs the Waiheke Local Board of the performance for November 2020 to February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

48.     The Matiatia planning project aims to prepare a strategic plan for Matiatia which reflects the aspirations of the Waiheke community and respects the interests and rights of mana whenua for the future use of that land. Ngāti Paoa has representation on the project working group and are working to identify their aspirations for the site. 

49.     Korero with Ngāti Paoa representatives continue regarding Tawaipareira Reserve and Mātiatia Reserve.

50.     During this period and with funding support from the board, Piritahi Marae employed a Kaiwhakahaere Marae (Marae Manager) to progress projects in line with the marae's goals, ranging from maara kai, composting, whānau gardening projects, youth programmes and community engagement.

Ngā ritenga ā-pūtea

Financial implications

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

Financial Performance

52.     The Waiheke Local Board’s net cost of service for the months of July to February of the 2020/2021 financial year was $4.7 million against a budget of $4.9 million.

53.     Operating expenditure of $4.7 million for the period ended on 28 February 2021 was 5 per cent below budget mainly due to lesser delivery in the locally driven initiatives operational budget. Progress in redeveloping the Te Huruhi School pool into a community pool is moving at a slower pace than expected and is expected to continue into the 2021/2022 financial year. Most of the other locally driven initiatives project are expected to be delivered by the end of the financial year. Locally driven initiatives will be closely monitored for risks of delivery, in the following months.

54.     The $356,000 of capital investment that was delivered during the first four months of the financial year 2020/2021 in the Waiheke Local Board area was 39 per cent of the year-to-date budget of $915,000. This was mainly due to slower than expected delivery of some of the renewals projects. Tawaipareira Reserve skate park replacement, slip remediation on Island Bay track and roof renewal of the Onetangi Sports Park pavilion are some of the major projects in progress.

55.     The detailed financial report is provided in the financial performance attachment (Appendix B).

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

56.     While the risk of non-delivery of the entire work programme is rare, the likelihood for risk relating to individual activities does vary. Capital projects for instance, are susceptible to more risk as on-time and on-budget delivery is dependent on weather conditions, approvals (e.g. building consents) and is susceptible to market conditions.

57.     Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Activities with significant issues’ section.

Ngā koringa ā-muri

Next steps

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waiheke work programme update Nov - Feb

123

b

Financial performance report Q2

145

     

Ngā kaihaina

Signatories

Author

Janine Geddes - Senior Local Board Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Waiheke Local Board Grants Programme 2021/2022

File No.: CP2021/03432

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the Waiheke Grants Programme 2021/2022.

Whakarāpopototanga matua

Executive summary

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

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

4.       This report presents the Waiheke Grants Programme 2021/2022 for adoption (as provided in Attachment A to this report).

 

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a)      adopt the Waiheke Grants Programme 2021/2022 in Attachment A.

 

 

Horopaki

Context

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

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

7.       The local board community grants programme includes:

· outcomes as identified in the local board plan

· specific local board grant priorities

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

· any additional criteria or exclusions that will apply

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waiheke Grants Programme 2021/2022

153

     

Ngā kaihaina

Signatories

Author

Fran Hayton - Principal Grants Advsr & Incentives TL

Authorisers

Marion Davies - Grants and Incentives Manager

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Waiheke Walking Festival 2021 Funding

File No.: CP2021/03703

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve allocation of $10,000 Locally Driven Initiative (LDI) opex budget to support the Waiheke Walking Festival Trust in the delivery of the Waiheke Walking Festival 2021.

Whakarāpopototanga matua

Executive summary

2.       The Waiheke Walking Festival was established by Auckland Council in 2010 and is currently governed and managed by the Waiheke Walking Festival Trust (the Trust).

3.       The Trust hosts the festival offering guided walks across the island over several days scheduled in November.  The event is popular, well attended by both visitors and residents, and promotes active recreation, sustainable tourism and conservation on Waiheke.

4.       In past years the local board has supported the Waiheke Walking Festival with funding allocated from their walking and cycling promotion budget included in the Parks Sports and Recreation (PSR) work programme.

5.       The approved Waiheke Local Board 2020/2021 PSR work programme (WHK/2020/128) includes $20,000 LDI opex for walking and cycling promotion on Waiheke, and the recommendation is to allocate funding from this budget to support the November 2021 Waiheke Walking Festival.

 

Ngā tūtohunga

Recommendation/s

That the Waiheke Local Board:

a)      approve allocation of $10,000 LDI opex from the walking and cycling budget to the Waiheke Walking Festival Trust to support the delivery of the walking festival scheduled for November 2021.

 

Horopaki

Context

6.       The Trust has managed the Waiheke Walking Festival since 2017 and provides an annual update to the local board on the event activities, walker participation and finances.

7.       At the 24 March 2021 Waiheke Local Board meeting, the Walking Festival Manager presented an event recap for the 2020 Walking Festival and provided information on the planning for the 2021 festival activities (WHK/2021/33).

8.       The 2020 Waiheke Walking Festival was held from 12 through to 25 November with more than 2,050 walkers participating in 57 different walks over an 18-day period. 

9.       Participation numbers for the 2020 walking festival were similar to the previous year’s event despite the downward trend on tourism due to COVID -19.  New registrations accounted for 49% of the participants.  Waiheke residents made up 42% of participants and 47% came from the wider Auckland area.  The remaining 11% represents New Zealand visitors.

10.     Festival attendees contributed approximately $52,000 to businesses that provided accommodation, transportation and food affiliated with the organised walks, as well as koha for Piritahi and Ngāti Pāoa. 

11.     In an effort to adhere to the Ministry of Health (the Ministry) COVID -19 guidelines, the Trust developed appropriate practices and procedures including safety for walkers and volunteers, the introduction of QR scanning and individual health declarations, and the use of masks and sanitiser. 

12.     Additional COVID -19 preparations included the decision to extend the festival schedule beyond the previously established 10-day period with several more walks included to allow for limited numbers, which resulted in an improved experience for walkers and volunteers. 

Tātaritanga me ngā tohutohu

Analysis and advice

13.     The 2021 Waiheke Walking Festival is scheduled to run from 5 to 21 November with 50 plus different walks.  The 17-day event spans over 3 weekends, and participation numbers are anticipated to be similar to the numbers for the 2020 walking festival.  The Trust will continue to improve COVID -19 protocol to align with the Ministry’s guidelines.

14.     The estimated cost for the 2021 walking festival is approximately $78,000.  Funding for the festival is supported by several organisations. Ray White is a presenting partner for the event, and the Waiheke Local Board and the Patrons of The Waiheke Walking Trust are principal funders. There are also three named major sponsors including Fullers360, Make Tracks and Treescape.

15.     As a principal funder, the local board has long supported the Waiheke Walking Festival and has continued to allocate funding to the event on an annual basis. In return, the Trust promotes local board support on event flyers, newsletters and website.

16.     The Waiheke Local Board’s PSR 2020/2021 work programme includes $20,000 LDI opex for walking and cycling promotion (SP ID 146).

17.     The Trust has requested that the local board continue their support for the walking festival by means of a $10,000 grant towards the running of the 2021 event.

18.     The most recent event held from 12 to 25 November 2020 offered 57 different walks during an 18-day period with more than 2,050 registrations.

19.     The festival promotes sustainable tourism by showcasing Waiheke as a premier walking destination, profiling the island’s extraordinary landscape and walking tracks.  The guides educate the walking groups on ecological matters, such as conservation work, Kauri Dieback, wetlands protection which in turn strengthens active support amongst the community to protect and enhance the natural environment.

20.     The event is popular, well attended by both visitors and residents, and promotes active recreation, sustainable tourism and conservation on Waiheke. Staff consider these very positive and high value outcomes align well with the following Parks, Sports and Recreation outcomes:

·    Enable Aucklanders to get active their way

·    Connect Aucklanders with Nature

·    Engage Aucklanders in our unique Māori identity.

Tauākī whakaaweawe āhuarangi

Climate impact statement

21.     The walking festival aligns with local board goals to grow and strengthen sustainable tourism, promoting the benefits of walking and educating the local community and visitors on significant conservation and ecological issues, such as Kauri Dieback.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22.     All required approvals for the operations and running of the event will be obtained during the events permitting process. The proposed decision has no identified impacts on other parts of council.

23.     The Ministry of Health guidance for best practice COVID -19 protocol and procedures will align with the alert level in place at the time of the event and will be applied to hygiene, social distancing and track tracing. The planned 17-day event with 50-plus walks is designed to accommodate smaller groups and ensure that COVID -19 best practice is followed.

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

Local impacts and local board views

24.     The Waiheke Local Board has supported the Waiheke Walking Festival since its establishment in 2010.

25.     The walking festival aligns with the following outcomes in the Waiheke Local Board Plan 2020:

·    Outcome 2: A sustainable economy

Initiative: Support eco-tourism on Waiheke that sustains and supports our environment.

·    Outcome 4: Thriving, strong and engaged communities

Initiative: Support arts and events that celebrate our unique spaces and places.

Tauākī whakaaweawe Māori

Māori impact statement

26.     The Trust continues to work with Ngāti Pāoa and other local iwi to enrich the quality of the festival with a strong focus on the significant archaeological and cultural features and history of the island and surrounds.

Ngā ritenga ā-pūtea

Financial implications

27.     The PSR 2020/2021 work programme includes the promotion of walking and cycling on Waiheke and the local board has budgeted $20,000 LDI opex for this activity.

28.     At the 6 December 2020 business meeting, the Waiheke Local Board approved $2,000 LDI opex from the walking and cycling budget for the reprint of the Te Ara Hura brochures (WHK/2020/220).

29.     If the local board approves the allocation of the recommended $10,000 LDI opex to the Trust to support the Waiheke Walking Festival 2021, there will remain $8,000 unallocated LDI opex which can subsequently be allocated to additional walking and cycling activities on the island for this financial year.

30.     In the event that the local board approves the $10,000 LDI opex funding for the Trust and the walking festival is postponed and/or cancelled due to COVID -19 alert level restrictions, the approved funding will be applied to support the rescheduled event.

31.     If the decision is made not to approve funding for the walking festival, the local board may consider alternative walking and cycling activities and associated promotional materials, such as maps and brochures, for funding from this budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32.     Without local board support, there may be a risk that the Trust will lack sufficient funds to deliver the walking festival event in its entirety.

Ngā koringa ā-muri

Next steps

33.     Following the local board’s decision, staff will notify the Trust and proceed with drafting the required funding agreement to transfer the approved funds.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waiheke Walking Festival Presentation March 2021

161

     

Ngā kaihaina

Signatories

Author

Jacqui Thompson Fell - Parks & Places Specialist

Authorisers

Mace Ward - General Manager - Parks, Sports and Recreation

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

 



Waiheke Local Board

21 April 2021

 

 

Deputy Chairperson position discussion

File No.: CP2021/04332

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       Following a noting point in resolution WHK/2019/205 of the Waiheke Local Board at the beginning of the political term, this report provides an opportunity for the local board to discuss the Deputy Chairperson position for the Waiheke Local Board for the remainder of the term.

Whakarāpopototanga matua

Executive summary

2.       On 4 November 2019, the Waiheke Local Board elected Member Bob Upchurch as its Deputy Chairperson (resolution number WHK/2019/205).

Resolution number WHK/2019/205

MOVED by Member R Tucker, seconded by Chairperson C Handley:

That the Waiheke Local Board:

b)           elect Member B Upchurch as Deputy Chairperson of the Waiheke Local Board

   for the 2019-2022 political term.

                                                                                                                            CARRIED

Note: The local board will consider a change to the appointment of the deputy chairperson after 18 months to provide member Kylee Matthews with an opportunity.

3.       Deputy Chairperson Upchurch is currently appointed for the full electoral term.

4.       This report provides an opportunity for the local board to have discussion to give consideration to the note associated with the resolution.

5.       According to the Local Government Act 2002 Schedule 7, Clause 4 should a person in the Deputy Chair position choose to resign from the position the resignation would be effective immediately from that role whilst still being a local board member.

6.       Should a resignation occur at any stage this would mean that a new Deputy Chairperson need to be appointed by the local board for the remainder of the political term.

7.       In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Chairperson of the Waiheke Local Board would be required to call for nominations for the position of Deputy Chairperson of the Waiheke Local Board in accordance with Schedule 7, clause 25 of the Act, noting that no casting vote may be used.

8.       The local board will then also need to determine what method it will apply to elect the Deputy Chairperson.

 

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

a)      discuss the Deputy Chairperson position of the Waiheke Local Board as per note to resolution WHK/2019/205.

b)      note should a vacancy arise that the local board would then need to resolve:

i)        agree whether to appoint a new Deputy Chairperson utilising either System A or System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002.

ii)       appoint one member of the Waiheke Local Board to serve as Deputy Chairperson for the remainder of the 2019-2022 political term, utilising the system agreed in (b) above.

iii)      note that no casting vote may be used in the election of a Deputy Chairperson.

 

Horopaki

Context

9.       On 4 November 2019, the Waiheke Local Board elected Member Bob Upchurch as its Deputy Chairperson (resolution number WHK/2019/105).

10.     Member Upchurch has served as Deputy Chair of the Waiheke Local Board since his election in 2015.

11.     The local board noted as part of this resolution to consider the Deputy-Chair role position mid-term.

Tātaritanga me ngā tohutohu

Analysis and advice

12.     In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, should a vacancy be created in the Deputy Chairperson role the Chairperson of the Waiheke Local Board would be required to call for nominations for the position of Deputy Chairperson of the Waiheke Local Board in accordance with Schedule 7, clause 25 of the Act.

13.     The Local Board would also need to determine (by resolution) what method it would apply to elect the Deputy Chairperson.

Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 stipulates that:

25              Voting systems for certain appointments

(1)     This clause applies to -

(a)    the election or appointment of the chairperson and deputy chairperson of a regional council; and

(b)   the election or appointment of the deputy mayor; and

(c)     the election or appointment of the chairperson and deputy chairperson of a committee; and

(d)    the election or appointment of a representative of a local authority.

(2)     If this clause applies, a local authority or a committee (if the local authority has so directed) must determine by resolution that a person be elected or appointed by using one of the following systems of voting:

(a)    the voting system in subclause (3) (system A):

(b)    the voting system in subclause (4) (system B).

(3)     System A -

(a)     requires that a person is elected or appointed if he or she receives the votes of a majority of the members of the local authority or committee present and voting; and

(b)     has the following characteristics:

(i)      there is a first round of voting for all candidates; and

(ii)      if no candidate is successful in that round there is a second round of voting from which the candidate with the fewest votes in the first round is excluded; and

(iii)     if no candidate is successful in the second round there is a third, and if necessary subsequent, round of voting from which, each time, the candidate with the fewest votes in the previous round is excluded; and

(iv)    in any round of voting, if 2 or more candidates tie for the lowest number of votes, the person excluded from the next round is resolved by lot.

(4)     System B -

(a)     requires that a person is elected or appointed if he or she receives more votes than any other candidate; and

(b)     has the following characteristics:

(i)      there is only 1 round of voting; and

(ii)     if 2 or more candidates tie for the most votes, the tie is resolved by lot.

14.     Following the local board’s decision, any newly elected Deputy Chairperson would assume the role immediately.

15.     Ordinarily in the event of a tied vote, the Chairperson has a casting vote. In this case, no casting vote may be used. The process for resolving a tied vote under either system is described above.

Tauākī whakaaweawe āhuarangi

Climate impact statement

16.     There are no climate change impacts associated with this decision.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17.     There are no Council Group impacts associated with this decision.

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

Local impacts and local board views

18.     This is a local board decision which will be made in accordance with the provisions of the Local Government Act.

Tauākī whakaaweawe Māori

Māori impact statement

19.     A change in Deputy Chairperson of the Waiheke Local Board will have no impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

20.     There are no financial implications associated with this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

21.     There are no risks associated with this report.

Ngā koringa ā-muri

Next steps

22.     Following the local board’s discussion and any subsequent decision, any new Deputy Chairperson would assume the role immediately. Auckland Council staff would ensure that this change is reflected in official documentation and communications with immediate effect.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/03966

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

(b)   a general explanation of—

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

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

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

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

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

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

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

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

 

Horopaki

Context

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

8.       The Governing Body resolved to:

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

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

i)       retaining and updating principles

ii)      retaining a process for complaints

iii)     appointing conduct commissioners

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

v)      defining materiality

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

vii)    providing policies on:

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

B)     confidential information access and disclosure

C)     election year

D)     communications

E)      media

F)      social media

G)     governance roles and responsibilities

H)     working with staff

I)       elected members expenses.

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

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

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

Conduct Commissioner

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

Comments

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

Decisions of the Investigator and Conduct Commissioner

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

Comments

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

Conflict of Interest Policy

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

Comments

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

Confidential information

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

Comments

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

Other feedback

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

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

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

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

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

Additional changes that have been made by staff

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

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

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

Additional changes that might yet be made

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

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

32.     A single Conduct Commissioner would reduce that cost.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Code of Conduct - for local boards

173

b

Draft Code of Conduct - attachments for local boards

193

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/03597

 

  

 

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

·   conduct of relationships

·   shareholder obligations with which CCOs must act consistently

·   other expectations.

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

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

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

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

Horopaki

Context

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

64B Statement of expectations

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

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

(i) shareholding local authorities; and

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

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

(b) requires the organisation to act consistently with—

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

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

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

·   conduct of relationships.

·   shareholder obligations with which CCOs must act consistently

·   other expectations.

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

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

277

     

 

Ngā kaihaina

Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02953

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

4.       The main draft proposed changes are to:

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

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

·    improve the definitions of ‘nuisance’ and ‘public place’

·    update the format and wording of the Bylaw and controls to make them easier to read and understand.

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

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

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

Ngā tūtohunga

Recommendation/s

That the Local Board:

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

 

Horopaki

Context

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

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

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

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

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

The Regulatory Committee have decided to amend the Bylaw and controls

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

17 March 2020

(REG/2020/17)

Regulatory Committee endorsed the statutory bylaw review findings that:

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

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

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

17 November 2020

(REG/2020/78)

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

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

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

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

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

The draft proposal makes improvements to the current bylaw and controls

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

Draft proposals

Reasons for draft proposal

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

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

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

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

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

Improve definitions of ‘nuisance’ and ‘public place’

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

Update the Bylaw format and structure

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

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

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

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

The draft proposal complies with statutory requirements

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

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

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

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

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

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

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

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified

If...

Then...

Mitigation

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

there may be negative attention to council regarding the Bylaw.

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

 

Ngā koringa ā-muri

Next steps

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A - Statement of Proposal

293

b

Attachment B - Previous Local Board Views

383

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements

389

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 


 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03195

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

4.       The main draft proposals are to:

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

·    set specific rules for rental micromobility devices

·    identify filming in a separate category to events

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

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

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

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

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

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

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

Horopaki

Context

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

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

9.       The Bylaw:

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

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

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

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

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

The Regulatory Committee decided to make a new bylaw

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

The draft Proposal makes a new Public Trading and Events Bylaw

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

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

Main proposals

Reasons for proposals

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

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

· to continue to retain existing exemptions to holding an approval

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

· set more specific rules for rental micromobility devices

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

· to reflect conditions as set in codes of practice

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

· identify filming as a separate category to events

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

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

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

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

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

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

· to ensure and apply consistent approach to council regulation

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

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

· to comply with the best practice bylaw drafting standards.

The draft proposal complies with statutory requirements

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

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

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

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

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

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

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

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified:

If...

Then...

Mitigation

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

There may be negative attention to council regarding the Bylaw.

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Statement of Proposal

397

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03401

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek views on how the Bylaw Panel should address matters raised in public feedback to the proposal to make new navigation rules, before a final decision is made.

Whakarāpopototanga matua

Executive summary

2.       To enable the local board to provide its views on how a Bylaw Panel should address matters raised in public feedback to the proposal to make a new Te Kaunihera o Tāmaki Makaurau Ture ā-Rohe Urungi Āhuru 2021 / Auckland Council Navigation Bylaw 2021 and associated controls, staff have prepared summary and deliberation reports.

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

4.       The main proposals are to:

·      increase the maximum speed limit on the Waitemata Harbour Zone to 18 knots to allow faster movement of public transport vessels, but still travel at a safe speed

·      clarify existing rules, including about swimming, events and support vessels

·      make new rules about novel craft (for example a motorised surfboard)

·      align rules about the use of Ōrākei Basin with current accepted practices

·      remove rules about licensing of commercial vessels for hire and marine mammal protections as these are more appropriately addressed in separate legislation

·      update the format and wording of the rules to be easier to read and understand.

5.       Staff recommend that the local board provide its views on how the Bylaw Panel should address matters raised in public feedback to the proposal, and if it wishes, present those views to the Bylaw Panel. Taking this approach will assist the Panel and Governing Body to decide whether to adopt the proposal.

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

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

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

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

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

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

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

Horopaki

Context

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

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

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

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

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

·      Resource Management Act to protect the environment

·      Marine Mammal Protection Act to protect marine mammals.

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

Council proposed a new Bylaw and associated controls for public feedback

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

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

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

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

Decisions leading to the proposal

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Feedback from people in the local board area supports the proposal

19.     A total of 6 people from the local board area provided feedback to the proposal via online and email feedback. There was majority support for all proposals and split support for proposal one, similar to all public feedback.

Percentage support of proposal in the local board area

Proposal

Total support from local board area

Total support from people across Auckland

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

0 per cent (0/6 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

100 per cent (6/6 submitters)

70 per cent

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

100 per cent (6/6 submitters)

85 per cent

4a:     Make new rules for the Tamaki River Entrance

50 per cent (3/6 submitters)

69 per cent

4b:     Make new rules for the Commercial Port Area

66 per cent (4/6 submitters)

75 per cent

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

66 per cent (4/6 submitters)

71 per cent

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

66 per cent (4/6 submitters)

77 per cent

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

50 per cent (3/6 submitters)

76 per cent

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

83 per cent (5/6 submitters)

82 per cent

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

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

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

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

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

Staff recommend the local board provide its views on public feedback

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of public feedback

479

b

Public feedback from people in the Waiheke Local Board area

501

c

Operational and non-bylaw-related feedback

525

d

Draft Bylaw Panel deliberations report

527

     

Ngā kaihaina

Signatories

Authors

Fereti Lualua - Policy Analyst

Bayllee Vyle – Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Chairperson's report

File No.: CP2021/02913

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide Chairperson Cath Handley with an opportunity to update the local board on the projects and issues she has been involved with and to draw the board’s attention to any other matters of interest.

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a)      receive the Chairperson, Cath Handley’s report.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Chairperson's report - to be tabled at the meeting

549

     

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

 

 

Placeholder for Attachment a

Chairperson's report

Chairperson's report - to be tabled at the meeting


Waiheke Local Board

21 April 2021

 

 

Waiheke Local Board Workshop record of proceedings

File No.: CP2021/02914

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the Waiheke Local Board proceedings taken at the workshops held on 17, 24 and 31 March and 7 April 2021.

Whakarāpopototanga matua

Executive summary

2.       Under section 12.1 of the current Standing Orders of the Waiheke Local Board, workshops convened by the local board shall be closed to the public. However, the proceedings of every workshop shall record the names of members attending and a statement summarising the nature of the information received, and nature of matters discussed.

3.       The purpose of the local board’s workshops is for the provision of information and local board members discussion.  No resolutions or formal decisions are made during the local board’s workshops.

4.       The record of proceedings for the local board’s workshops held on 17, 24 and 31 March and 7 April 2021 are appended to the report.

5.       These can also be viewed, together with workshop agendas, at this link https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/local-boards/all-local-boards/waiheke-local-board/Pages/waiheke-local-board-public-and-business-meetings.aspx

 

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a)      note the record of proceedings for the local board workshops held on 17, 24 and 31 March and 7 April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Workshop proceedings - 17 March 2021

553

b

Workshop proceedings - 24 March 2021

557

c

Workshop proceedings - 31 March 2021

561

d

Workshop proceedings - 7 April 2021

563

     

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Community Forum record of proceedings

File No.: CP2021/02915

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       Providing a record of proceedings from the Community Forum session held 14 April 2021.

Whakarāpopototanga matua

Executive summary

2.       Community forums are held monthly on the second Wednesday of the month. They provide opportunity for the public to raise and discuss local issues with board members.

3.       The forum also provides an opportunity to provide feedback on workshop agenda items.

4.       Further information and copies of presentations can be found at the link below:

https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/local-boards/all-local-boards/waiheke-local-board/Pages/waiheke-local-board-public-and-business-meetings.aspx

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a)      note the Community Forum record of proceedings dated 14 April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Community Forum agenda and minutes - 14 April 2021

569

     

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

List of resource consent applications - 7 March to 10 April  2021

File No.: CP2021/02917

 

  

 

Whakarāpopototanga matua

Executive summary

Attached is the list of resource consent applications related to Waiheke Island received from 7   March to 10 April 2021.

 

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a)      note the list of resource consents applications related to Waiheke Island from 7 March to 10 April 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Resource Consents Lodged Applications

573

     

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

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Waiheke Local Board

21 April 2021

 

 

Local board governance forward work calendar - April 2021 update

File No.: CP2021/02919

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the Waiheke Local Board with its updated governance forward work calendar.

Whakarāpopototanga matua

Executive summary

2.       The Waiheke Local Board Governance Forward Work Calendar 2019 - 2022 is appended to the report as Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff for reference and information only.

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

That the Waiheke Local Board:

a)      receive its Governance Forward Work Calendar dated April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Calendar

579

     

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

 


Waiheke Local Board

21 April 2021

 

 

PDF Creator 



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

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

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

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

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

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