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

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 28 April 2021

6.00pm

Whau Local Board Office
31 Totara Avenue
New Lynn

 

Whau Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Kay Thomas

 

Deputy Chairperson

 

 

Members

Fasitua Amosa

 

 

Catherine Farmer

 

 

Ulalemamae Te'eva Matafai

 

 

Warren Piper

 

 

Jessica Rose

 

 

Susan Zhu

 

 

(Quorum 4 members)

 

 

 

Rodica Chelaru

Democracy Advisor

 

21 April 2021

 

Contact Telephone: 021 02185527

Email: rodica.chelaru@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Whau Local Board

28 April 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

8.1     Deputation - Whau Walking Samoans                                                               5

8.2     Deputation - Whau River Catchment Trust and Rosebank Business Association                                                                                                           6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Whau Ward Councillor's update                                                                                  9

12        Election of a Deputy Chairperson                                                                              13

13        Amendments to 2020 - 2023 Community Facilities work programme - changes to various projects                                                                                                           17

14        Auckland Transport - Regional Land Transport Programme 2021                        25

15        Proposal to vary the Regional Fuel Tax (RFT) scheme                                           39

16        Draft Statement of Expectations for Council-controlled Organisations               93

17        Whau Local Board integrated performance report for November 2020 to February 2021                                                                                                                             109

18        Review of the Code of Conduct - draft revised code                                             161

19        Local board feedback for inclusion in Auckland Council
submissions                                                                                                              
187

20        Proposal to make a new Public Trading and Events Bylaw                                 195

21        Public feedback on proposal to make new navigation rules                                201

22        Statement of proposal to amend the Animal Management Bylaw and controls 207

23        Reporting back an Urgent Decision of the Whau Local Board on He Pou a Rangi: the Climate Change Commission’s draft advice to Government                         213

24        Whau Local Board Workshop Records                                                                   227

25        Governance Forward Work Calendar                                                                      237

26        Consideration of Extraordinary Items

 


1          Welcome

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

Specifically, members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.

 

The following are declared interests of the Whau Local Board:

 

Member

Organisation

Position

Kay Thomas

·               New Lynn Citizens Advice  Bureau

·               Friends of Arataki

·               Western Quilters

·               Citizens Advice Bureau
Waitākere Board

Volunteer

 

Committee member

Member


Chair

Susan Zhu

·               Chinese Oral History Foundation

·               The Chinese Garden Steering Committee of Auckland

Committee member

 

Board Member

Fasitua Amosa

·               Equity NZ

·               Massive Theatre Company

·               Avondale Business Association

Vice President

Board member

A family member is the Chair

Catherine Farmer

·               Avondale-Waterview Historical Society

·               Blockhouse Bay Historical Society

·               Portage Licensing Trust

·               Blockhouse Bay Bowls

·               Forest and Bird organisation

·               Grey Power

Member

 

ember

 

Trustee

Patron

Member

Member

Te’eva Matafai

·               Pacific Events and Entertainment Trust

·               Miss Samoa NZ

·               Malu Measina Samoan Dance Group

·               Pasifika Festival Village Coordinators Trust ATEED

·               Aspire Events

Co-Founder

 

Director

Director/Founder

 

Chairperson

 

Director

Warren Piper

·               New Lynn RSA

·               New Lynn Business Association

Associate Member

 

Member

Jessica Rose

·               Women in Urbanism-Aotearoa, Auckland Branch

·               Forest & Bird

·               Big Feels Club

·               Frocks on Bikes

·               Bike Auckland

·               Department of Conservation

Committee member

 

Member

Patron

Former co-chair

Former committee member

Employee

Member appointments

Board members are appointed to the following bodies. In these appointments the board members represent Auckland Council.

External organisation

 

Leads

Alternate

Aircraft Noise Community Consultative Group

Warren Piper

Catherine Farmer

Avondale Business Association

Kay Thomas

Warren Piper

Blockhouse Bay Business Association

Warren Piper

Fasitua Amosa

New Lynn Business Association

Susan Zhu

Kay Thomas
Warren Piper

Rosebank Business Association

Fasitua Amosa

Warren Piper

Whau Coastal Walkway Environmental Trust

Fasitua Amosa

Jessica Rose

 

4          Confirmation of Minutes

 

That the Whau Local Board:

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


 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Whau Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

 

8.1       Deputation - Whau Walking Samoans

Te take mō te pūrongo

Purpose of the report

1.       To update the local board on the change name of the Whau Walking Samoans group to the new name now known as Whau Communities Walking group.

Whakarāpopototanga matua

Executive summary

2.       Evelina Afakasi the Secretary, Tulitao Apoloele the Chair, and Fuatino Robertson theTreasurer are representing the Whau Walking Communities and will update the local board regarding the group’s name change and activities to date.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)      receive Evelina Afakasi’s, Tulitao Apoloele’s and Fuatino Robertson’s verbal presentation on Whau Walking Communities group, update of the name change and activities, and thank them for their attendance.

 

 

 

8.2       Deputation - Whau River Catchment Trust and Rosebank Business Association

Te take mō te pūrongo

Purpose of the report

1.         To seek Whau Local Board’s support to investigate the re-opening of the Kurt Brehmer Walkway (KBW).

Whakarāpopototanga matua

Executive summary

2.       Gilbert Brakey, General Manager  –  Whau River Catchment Trust (WRCT), and Kim Watts, Membership Engagement Manager - Rosebank Business Association (RBA), are jointly seeking – on behalf of their organisations – the Whau Local Board’s support that action is initiated to re-open the Kurt Brehmer Walkway (KBW). They understand that the first step will be for a Geotech report to be prepared assessing the current situation of the slip site.

3.       Since the slip occurred in 2015, Whau River Catchment Trust, with the Council support, has had most of the slip site planted to help stabilise the ground. Auckland Council organised a temporary fix of the main stormwater pipe outlet in 2015.

4.       In 2015 the walkway was temporarily closed to the public access because of the slip. Gilbert Brakey, Kim Watts and their organisations consider it is now time to seek Whau Local Board’s support to investigate the re-opening of the walkway so public can have safe access.

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)      receive the presentation on the request to investigate the re-opening of the Kurt Brehmer Walkway, and thank Gilbert Brakey and Kim Watts for their attendance.

 

Attachments

a          Joint presentation - the Kurt Brehmer Walkway (KBW)............................... 243

 

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.”


Whau Local Board

28 April 2021

 

 

Whau Ward Councillor's update

File No.: CP2021/03678

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive an update from Whau Ward Councillor, Tracy Mulholland.

2.       A period of 10 minutes has been set aside for the Whau Ward Councillor to have an opportunity to update the Whau Local Board on regional matters.

 

Ngā tūtohunga

Recommendation

That the Whau Local Board:

a)      receive the report and thank Whau Ward Councillor, Tracy Mulholland, for her update.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Whau Ward Councillor's Update

11

      

Ngā kaihaina

Signatories

Author

Rodica Chelaru - Democracy Advisor

Authoriser

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

PDF Creator


Whau Local Board

28 April 2021

 

 

Election of a Deputy Chairperson

File No.: CP2021/03474

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To appoint a new Deputy Chairperson for the Whau Local Board for the remainder of the current political term following the resignation of the previous Deputy Chairperson, Susan Zhu, on 31 March 2021.

Whakarāpopototanga matua

Executive summary

2.       On 30 October 2019, the Whau Local Board elected Member Susan Zhu as its Deputy Chairperson (resolution number WH/2019/1).

3.       On 31 March 2021, Deputy Chairperson Zhu resigned the position of Deputy Chairperson. According to the Local Government Act 2002 Schedule 7, Clause 4 this resignation was effective immediately, however Member Zhu has continued informally covering most of the responsibilities normally assigned to the Deputy Chairperson since this time.

4.       Member Zhu will remain as an ordinary member of the Whau Local Board for the remainder of the political term.

5.       Deputy Chairperson Zhu’s resignation means that a new Deputy Chairperson need to be appointed by the local board for the remainder of the political term.

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

7.       The Local Board will also need to determine what method it will apply to elect the Deputy Chairperson.

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)      thank Deputy Chairperson Susan Zhu for her service to the Whau Local Board.

b)      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.

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

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

 

Horopaki

Context

8.       On 30 October 2019, the Whau Local Board elected Member Susan Zhu as its Deputy Chairperson (resolution number WH/2019/2). Member Zhu has served as Deputy Chair of the Whau Local Board since her election in 2013.

9.       On 31 March 2021, Deputy Chairperson Zhu resigned the position of Deputy Chairperson.

10.     According to the Local Government Act 2002 Schedule 7, Clause 4 this resignation was effective immediately, however Member Zhu has continued informally in the role, covering most of the responsibilities normally assigned to the Deputy Chairperson since this time. Any formal responsibilities have been covered by the Chairperson, Kay Thomas, where possible or deferred until after the election of a new Deputy Chairperson.

11.     Member Zhu will remain as an ordinary member of the Whau Local Board for the remainder of the political term.

12.     Member Zhu’s resignation as Deputy Chairperson means that a new Deputy Chairperson needs to be appointed by the local board for the remainder of the political term.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     In accordance with Schedule 7, clause 21(5)(b) of the Local Government Act 2002, the Chairperson of the Whau Local Board will be required to call for nominations for the position of Deputy Chairperson of the Whau Local Board in accordance with Schedule 7, clause 25 of the Act.

14.     The Local Board must elect a member to the Deputy Chairperson position in accordance with Schedule 7, clause 25 of the Act.

15.     The Local Board will also need to determine (by resolution) what method it will 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.

16.     Following the local board’s decision, the newly elected Deputy Chairperson will assume the role immediately.

17.     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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     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

20.     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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23.     There are no risks associated with this report.

Ngā koringa ā-muri

Next steps

24.     Following the local board’s decision, a new Deputy Chairperson will assume the role immediately. Auckland Council staff will 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

Mary Binney - Senior Local Board Advisor

Authoriser

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

Amendments to 2020 - 2023 Community Facilities work programme - changes to various projects

File No.: CP2021/03240

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval for amendments to 2020 – 2023 Community Facilities work programme by way of changes to various projects.

Whakarāpopototanga matua

Executive summary

2.       The local board adopted its 2020 - 2023 work programme on 26 August 2020 (resolution number WH/2020/93).

3.       The adopted work programme contained the following Asset Based Services (ABS): Capex – Renewals funded projects:

i)          ID 20591 New Lynn Community Centre – upgrade facility – project cost of $950,000

ii)         ID 24217 Whau – renew park and facility signage 2020/2021 – project cost of $27,495

iii)         ID 28829 Temuka Gardens – renew playground edging – project cost of $27,464.

4.       As projects progress through the design and delivery process the specific work required and the cost of delivery can change, impacting the approved budget. As a result, variations are required to the work programme to accommodate final costs for some projects.

5.       Two projects require less funding and one project requires more funding in financial year 2020/2021, and project details that were approved for these projects as part of the 2020/ 2023 Community Facilities work programme. The proposed amendments to the projects are contained in Attachment A.

6.       The proposed variations are within the local board financial year 2020/2021 budget envelope and will not substantially impact the approved projects or the overall work programme.

7.       Staff have discussed the proposal and rationale for this change with the local board at the local board workshops held on 3 March and 10 March 2021.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)      approve the budget change amendments to its adopted 2020 – 2023 Community Facilities work programme as per attachment A, specifically:

i)        a variation of renewal project ID 20591 New Lynn Community Centre – upgrade facility utilising $695,177 over financial year 2020/2021, a saving of $50,000.

ii)       a variation of renewal project ID 28829 Temuka Gardens – renew playground edging utilising $487 over financial year 2020/2021, a saving of $26,977.

iii)      a variation of renewal project ID 24217 Whau – renew park and facility signage 2020/2021 utilising $107,495 over financial year 2020/2021, an increase of $80,000.

 

Horopaki

Context

8.         Projects to renew multiple assets were approved by the local board as part of its 2020 – 2023 Community Facilities work programme (resolution number WH/2020/93). Amendments to several renewal projects is required and the approved funding allocation for these projects is shown in Table 1 below:

Table 1: approved funding allocation for the projects which require amendments

Resolution Number

Project ID

Activity Name

Activity Description

Budget source

Total Budget Allocation

WH/2020/93

20591

New Lynn Community Centre – upgrade facility

Upgrade facility to a fit for purpose standard.

2017/2018 – 2019/2020 - investigation and design

2020/2021 – 2021/2022 - physical works

Risk Adjusted Programme (RAP) project.

(Includes LDI capex funding of $300,000)

Asset Based Services (ABS): Capex - Renewals

$950,000 for 2017/2018 – 2021/2022

WH/2020/93

28829

Temuka Gardens – renew playground edging

Renew playground edging.

2020/2021 - investigation and physical works

Asset Based Services (ABS): Capex – Renewals

$27,464

WH/2020/93

24217

Whau – renew park and facility signage 2020/2021

Renew park and facility signage at identified sites.

2020/2021 - investigation and physical works

Asset Based Services (ABS): Capex - Renewals

$27,495

Total Budget

 

 

 

 

$1,004,959

 

9.       As projects progress the specific work required and the cost of delivery either exceeds the original estimated budget or the anticipated delivery cost is less than the approved budget. As a result, variations are required to the programme to accommodate final project costs.

Tātaritanga me ngā tohutohu

Analysis and advice

10.     The approved renewal projects have been identified as a priority through asset condition assessment to ensure that the assets remain fit for purpose and open to the public for use. The work needs to be completed by 30 June 2021.

11.     Staff recommend variations to the Community Facilities work programme 2020-2023 for the financial year 2020/2021 as outlined in Attachment A.

12.     The amount of savings will offset the budget shortfalls and the required variations are within the local board renewals budget envelope for the financial year 2020/2021.

13.     The proposal was discussed with the local board at its workshops held on 3 and 10 March 2021. The local board indicated informal support for the proposal.

14.     Staff recommend the proposed variations to change the current 2020 – 2023 Community Facilities work programme as outlined in Table 2. The local board has sufficient renewal budget to cover the proposed change and the proposed variations will not impact total funding envelopes for each financial year of the approved work programme.

            Table 2: Proposed variations to 2020 - 2023 Community Facilities work programme

Project ID

Activity Name

Budget variations 2020/2021

Description

20591

New Lynn Community Centre – upgrade facility

Renewal budget variations:

Approved 2020/2021 budget $745,177

Revised 2020/2021 budget $695,177 

 

Renewal budget reduction of $50,000

During work programme development, project costing is a high-level estimate.

The project is close to completion and the request for reduction in budget is based on the actual cost of the project.

 

28829

Temuka Gardens – renew playground edging

Renewal budget variations:

Approved 2020/2021 budget $27,464

Revised 2020/2021 budget $487

 

Renewal budget reduction of $26,977

The renewal of the playground edging has been deferred to financial year 2022/2023 when the full playground will be renewed.

Repairs will be undertaken on the asset as required until the renewal is completed.

24217

Whau – renew park and facility signage 2020/2021

Renewal budget variations:

Approved 2020/2021 budget $27,495

Revised 2020/2021 budget $107,495 

 

Renewal budget increase of $80,000

During work programme development, project costing is a high-level estimate.

Staff propose an increase of funding allocation of $80,000 to maximise renewals of park id signage in the current financial.

 

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

15.     It is anticipated that there will be an increase in carbon emission from construction, including contractor emissions. Staff will seek to minimise carbon and contractor emissions as far as possible when delivering the project. Maximising the upcycling and recycling of existing material, aligned with the waste management hierarchy (prevention, reduction, recycle) will also be prioritised to ensure minimum impact.

16.     The renewal/upgrade will minimise maintenance / waste production / energy consumption / phase out the use of fossil fuel and optimise passive and renewable design options (e.g. sunlight and heat sinks, water retention methods) including solar and/or living roof/wall design options.

17.     Mitigation of greenhouse gas emissions will be achieved through sourcing of low-carbon material options (including sourcing materials locally) and the use of products with environmental declarations for embodied carbon reductions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

18.     The overall Community Facilities work programme 2020-2023 was developed through a collaborative approach by operational council departments, with each department represented in an integrated team.

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

Local impacts and local board views

19.     Community facilities and open spaces provide important community services to the people of the local board area. They contribute to building strong, healthy and vibrant communities by providing spaces where Aucklanders can participate in a wide range of social, cultural, art and recreational activities. These activities improve lifestyles, a sense of belonging and pride amongst residents.

20.     The proposed changes outlined in Table 2 were discussed with the local board at its workshops held on 3 and 10 March 2021. The local board provided positive feedback and supported the proposal in principle.

21.     The projects are aligned with the following Whau Local Board Plan 2017 outcome and objective:

Table 3: Whau Local Board Plan 2017 outcome and objective

Outcome

Objective / Initiative

Outcome 3: Quality urban development and community facilities to meet the needs of our growing and changing population.

The Whau has community assets and open spaces that can accommodate future growth and increased housing density.

Everyone in the Whau has opportunities for active and passive recreation in our parks and open spaces.

 

Tauākī whakaaweawe Māori

Māori impact statement

22.       The proposal discussed in this report will benefit Māori and the wider community through the provision of quality facilities and open spaces that promote good health, the fostering of family and community relationships and connection to the natural environment.

23.       Where aspects or the work programme are anticipated to have an impact on activity of importance to Māori, then appropriate engagement will be undertaken.

24.       Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader obligations to Māori. These commitments are articulated in the council’s key strategic planning documents, the Auckland Plan, the Long-term Plan 2012-2022, the Unitary Plan, Whiria Te Muka Tangata Māori Responsiveness Framework and Local Board Plans.

Ngā ritenga ā-pūtea

Financial implications

25.     The proposed variations are within the local board’s budget envelopes for each year and will not substantially impact the approved projects or the overall work programme.

26.     Details of proposed variations are outlined in Table 2 and the recommended changes have been discussed with the local board’s lead financial advisor.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27.     Amendments to the budgets of the projects outlined in Table 2 are required and are essential for delivery of the full scope of the projects. If the local board does not approve the change, the projects will be delivered with reduced scopes or may not be delivered within the financial years indicated.

28.     The COVID-19 pandemic could have a further negative impact on the delivery of the work programme if the COVID-19 alert level changes.

Ngā koringa ā-muri

Next steps

29.     Subject to the local board’s decision on the proposal outlined in this report, the local boards work programme will be amended to reflect the decision and works will commence on the projects as per the timing outlined in the approved work programme.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Proposed amendments to 2020 - 2023 Community Facilities work programme

23

     

Ngā kaihaina

Signatories

Author

Helen Biffin - Work Programme Lead

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Adam Milina - Local Area Manager

 



Whau Local Board

28 April 2021

 

 

PDF Creator



Whau Local Board

28 April 2021

 

 

Auckland Transport - Regional Land Transport Programme 2021

File No.: CP2021/04251

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this report is to receive feedback on the proposed Regional Land Transport Programme (RLTP) in the local board area.

Whakarāpopototanga matua

Executive summary

2.       This report provides summaries what the RLTP is and the process of its development and what projects and programmes are planned for the local board area.

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

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

b)      provide feedback on the Regional Land Transport Programme.

 

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 Auckland Transport 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 Auckland Transport 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 per cent of the available funding from Council and Government is needed to run the transport system, maintain the quality of the system (renewals and maintenance) and deliver committed/contracted /under construction projects. This means that there is very little headroom for new investment and that there will be hard trade-offs, including the deferring of many important projects.

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

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

Date

Action

23 March 2021

RTC considers draft RLTP for public consultation

29 March-2 May 2021

Proposed dates for public consultation

May 2021

Evaluation of public consultation

27 May 2021

RTC review final draft RLTP

3 June 2021

Governing Body review RLTP for endorsement

June 2021

AT Board reviews RLTP for final approval

01 July 2021

RLTP operational

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


 

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

Date

Local Board Engagement

15 February 2021

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

29 March – 2 May 2021

Workshops with all local boards to discuss the RLTP.

4 – 18 May 2021

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

3 June 2021

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

#

AT Projects

Duration

10 Year Capital Expenditure ($M)

18

Greenfield transport infrastructure – Northwest

2021/22 – 2030/31

142.0

18

Northwest Growth Improvements

2026/27 – 2030/31

185.5

19

Northwest Bus Improvements

2021/22 – 2022/23

85.0

20

Lincoln Road Corridor Improvements

2021/22 – 2027/28

106.2

66

Carrington Road Improvements

2026/27 –
2030/31

54.6

76

Wolverton Culverts

2021/22

10.0

 


 

18.     The below table 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 Waitākere.

#

Project from a Programme

Underlying Programme

23

New Lynn to Avondale Shared Path

Urban Cycleways (AT)

29

New North Road and Sandringham Road corridors

Connected Communities (AT)

30

Maioro Street Dynamic Bus Lane

Network Performance (AT)

36

Mount Roskill Spatial Priority Area

Projects Supporting Auckland Housing Programme (AT)

67

Ash Street and Rata Street

Safety (AT)

78

Residential Speed Management – New Windsor, Blockhouse Bay, Kelston, Te Atatu Peninsula, Te Atatu South East and Henderson

Safety (AT)

19.     The below table summarises 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 Whau.

 

Non-AT Projects

Responsible Agency

10 Year Capital Expenditure ($M)

21

Te Whau Pathway

Auckland Council

30

20.     The below map corresponds 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

Encourage the use of te reo Māori signage in all our community place, libraries and transport hubs.

·    Ongoing investment will enable further improvements to the public transport customer experience, including improvements to information in both English and Te Reo Māori.

More safe, attractive and high-quality walking and cycling connections are developed and carbon emissions from our transport system are reduced.

The proposed RLTP contains:

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

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

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

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

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

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

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

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

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

 

 

 

It also includes projects such as:

·    $35million for supporting Electric Vehicles

·    $20million for environmental sustainability infrastructure

·    $9million for electric bus trial roadmap.

Our roads and footpaths are safe and accessible for all.

·    Over $650million of AT investment to deliver the AT Safety Programme, which will deliver improvements targeted towards speed management, high risk intersections, high risk corridors and vulnerable road users.

·    $100 million for minor improvements across the network.

$193 million of Waka Kotahi investment to deliver the state highway Safer Networks Programme.

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, Auckland Transport 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:

·   Chairs’ Forum on 15 February 2021

·   A workshop with Whau Local Board on 31 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 Māori engagement team.

Ngā ritenga ā-pūtea

Financial implications

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

30.     Local board feedback on the RLTP and any changes made as a result of 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, which is stated below:

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Auckland Transport - Regional Land Transport Programme Feedback Proforma

33

     

Ngā kaihaina

Signatories

Author

Owena Schuster – Elected Member Relationship Partner, Auckland Transport

Authorisers

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

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Proposal to vary the Regional Fuel Tax (RFT) scheme

File No.: CP2021/03556

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

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

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

 

Horopaki

Context

The creation of Auckland’s RFT scheme

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

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

10.     Without this investment a number of 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 (Attachment B).

Details of the existing scheme

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

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

16.     The original proposal also details

·    The key objectives of the scheme

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

·    how it aligned with the relevant strategic documents,

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

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

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

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

·    Bus priority improvements

·    City Centre bus infrastructure

·    Improving Airport Access

·    Eastern Busway (formerly AMETI)

·    Park and Rides

·    Electric trains and stabling

·    Ferry network improvements (was downtown ferry redevelopment)

·    Road safety

·    Active transport

·    Penlink

·    Mill Road corridor

·    Road corridor improvements

·    Network capacity and performance improvements

·    Growth related transport infrastructure.

 

 

Progress of the scheme to 31 December 2020

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

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

20.     Key achievements of the scheme so far include:

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

·    installing red-light running enforcement and CCTV cameras

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

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

Subsequent government funding announcements

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

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

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

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

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

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

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

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

ATAP update and draft RLTP preparation

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Proposed variation to the scheme

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

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

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

·    the rate of the RFT

·    the period of the scheme

·    the area subject to the scheme.

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

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

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

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

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

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

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

 

Consultation

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

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

50.     The rating options would result in ratepayers facing significant increases (10-11%) 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

45

b

Proposal for a Regional Fuel Tax (2018)

67

 

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

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/03557

 

  

 

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

·   conduct of relationships

·   shareholder obligations with which CCOs must act consistently

·   other expectations.

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

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

 

Ngā tūtohunga

Recommendation/s

That the Whau 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 Māori Responsiveness Strategy (Kia ora Tāmaki Makaurau) will be addressed and reinforced, to the degree they are not already dealt with in the Accountability Policy.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     The key expectations of CCOs in respect of climate change are contained in the Accountability Policy (1.1.5) and not the 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, CCOs Boards will be asked to consider the draft at the same time as local board are considering the draft. CCOs 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

99

 

 

Ngā kaihaina

Signatories

Authors

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance and External Partnerships

Louise Mason – General Manager Local Board Services

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Whau Local Board integrated performance report for November 2020 to February 2021

File No.: CP2021/03406

 

  

 

Te take mō te pūrongo

Purpose of the report

1.   To provide the Whau 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. The work programme for the four months from November 2020 to February 2021 can be viewed in Attachment A.

3.       The key activity updates from this period are listed below and more fully outlined in the ‘Key activity updates’ section of this report:

·        Te Toi Uku actions – the clayworks and Crown Lynn Museum

·        Event to mark dual naming of Tahurangi / Crum Park – first in Te Kete Rukuruku project

·        The Low Carbon Network– the local board supported community activations that promote, support and implement local low carbon activities, waste minimization, water saving, energy efficiency and sustainable living

·        Whakatipu i te reo Māori – we grow the Māori language celebrating te ao Māori and strengthening responsiveness to Māori

·        Minor Heritage Activations – refresh of Avondale Heritage Walk brochure.

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); red (behind delivery, significant risk); or grey (cancelled, deferred or merged). The following activities were flagged by departments:

·    Te Kete Rukuruku (Māori naming and places) – Tranche one – On hold – No further progress on the remaining names in tranche one, resolution still required. This is not likely to occur until after June. The budget will be carried forward to complete delivery of Tranche one

·    Te Kete Rukuruku (Māori naming and places) – Tranche two – Deferred/Significant risks – pending adoption of remaining Tranche one names

·    Olympic Park Service Plan – moved into next year to enable more strategic planning in approaching service needs for current and future years

·    Whau River Event – Postponed due to COVID-19 lockdown, but anticipated delivery within current financial year.

5.       Overall operating results for the first eight months of the year is two per cent below the budget due to lower revenue and lower expenditure – refer to Financial Performance section of this report, and to the Financial Performance Report (Attachment B).

6.       Operating Revenue of $43,000 was under budget by $106,000 and was mainly due to lower venue hire at New Lynn Community Centre as a result of ongoing refurbishment.

7.       Locally Driven Initiatives (LDI) operating expenditure for the period was $191,000 under budget. The main contributing factors are:

·   Events fund – The Sirens and Sounds, and Waitangi Day events were cancelled and the budget of $15,000 can be reallocated

·   Te Kete Rukuruku – Tranche two, project has been cancelled until Tranche one more fully developed, $24,000 can be reallocated.

8.   There is also film revenue of $922 to be allocated before the end of 2020/2021. This not an underspend. T is revenue gathered from filming that took place in the Whau area in 2020.

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board :

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

b)   allocate Locally Driven Initiatives (LDI) operating expenditure budget of $15,000 to reopen Geotech investigations on the Kurt Brehmer walkway and $24,922 to the Rosebank East Restoration project by the end of the 2020/2021 financial year, being unallocated funds from:

i)       Sirens and Sounds, and Waitangi Day events - $15,000

ii)       Te Kete Rukuruku, Tranche two - $24,000

iii)      Film revenue - $922.

 

Horopaki

Context

9.       The Whau Local Board have an approved 2020/2021 work programme for the following operating departments:

·        Arts, Community and Events

·        Auckland Unlimited (former Auckland Tourism, Events and Economic Development - ATEED)

·        Community Facilities: Build Maintain Renew

·        Community Facilities: Community Leases

·        Infrastructure and Environmental Services (I & ES)

·        Libraries and Information

·        Parks, Sport and Recreation (PSR)

·        Plans and Places.

10.     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 in Customer and Communities Services Directorate.

 

 

 

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

10. 2020/2021 work programmes were developed in response to the 2017 Whau Local Board Plan. In November 2020, the Whau Local Board adopted a new Local Board Plan and work programmes for the 2021/2022 financial year will be developed in response to that plan.

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

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

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

 

 

Graph 2: Work programme by RAG status

13.     The graph below shows the status and shows the stage of the activities in each department’s work programmes. The number of activity lines differs by department as approved in the local board work programmes.

Graph 3: Work programme by activity status and department

Key activity updates

14. Te Toi Uku – From November 2020 to February 2021, at Te Toi Uku there were 12 programmes attracting 1,866 visitors. Highlights included looking at alternative revenue streams including starting a small shop in the museum and arranging EPTPOS for sales. The museum now stocks swan tea towels along with the prints by Anna Crichton and Stanley Palmer. The Crown Lynn Collector's Market was held on 2 November 2021 and 1,038 people attended at the New Lynn Community Centre and 393 walked five minutes to view the museum. The museum was a stop off point for McCahon’s Auckland during the Auckland Art Fair with a group of 15 viewing the exhibit. In other collaborative outreach programmes, a display of vases from the collection, was exhibited in the footpath display case at Te Uru.

15. Dual naming of Tahurangi / Crum Park – an event on 1 Dec 2020 marked the delivery of the first fully bilingual signed park in the Auckland region. Te Kete Rukuruku or Dual Naming project facilitates Māori naming and associated story telling of parks and places in partnership with mana whēnua to value and promote Auckland’s Māori identity and use of te reo Māori. Te Kawerau a Maki gifted the name Tahurangi to the Whau Local Board in 2020. The name Tahurangi acknowledges the first inhabitants of Hikurangi/West Auckland.

16. The Low Carbon Network – this has been a busy and successful period of activity for the broker who continued to support groups within the Whau Local Board area. Since November, the Auckland Low Carbon Network Facebook page has reached 2,270 people and has had 176 post engagements. Three Low Carbon Network events were held in the November 2020 to February 2021 reporting period, including 'Zero Carbon Here We Come', a 'Love Our Homes – Building Fit for the Future' webinar and an 'Urban Agriculture' workshop. Three events are planned for the EcoFest West Festival, the 'Solar Power or Solar Hot Water? The Do’s and Don’ts!' webinar, the 'Urban Food Forest' design workshop, and the 'Forage and Feast: Healthy Eating Autumn' workshop.

17. Whakatipu i te reo Māori – we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori – Whau//Te Reo playgroup continues at New Lynn Library with the focus on whānau bringing their tamariki to speak te reo Māori. On alternate weeks New Lynn runs Huinga Korero, an opportunity for local te reo Māori speakers to meet. Kaupapa Māori based with karakia and whanaungatanga. Rongoā workshops continued throughout November and December at New Lynn, with the kairongaā Emma Haslam. These series of workshops will be happening at Blockhouse Bay Library in March. New Lynn had its first Treaty of Waitangi workshop supported and funded by the Whau Local Board offering free access to Treaty workshops for the local Whau community. New Lynn is also offering a Mandarin Language Treaty of Waitangi workshop. This is a collaboration with Asians in Support of Tino Rangatiratanga. Blockhouse Bay continues to develop staff skills with te reo Māori, working on their mihi's and whakapapa. Phrases are on display in all Whau branches and Waitangi Day was also acknowledged and celebrated with displays. Avondale also runs a weekly Māori conversation group and held a kawakawa balm workshop, run by community member.

18. Minor Heritage Activations – Avondale Heritage Walk brochure – this has been rebranded and staff sought Te Kawerau a Maki input, who have confirmed their support. Printing is scheduled for March/April 2021.

Activities with significant change

19. Line 1475: Events Partnership Fund – Both the Sirens and Sounds at Avondale, and the Waitangi Day at Hoani Waititi Marae events had to be cancelled due to COVID-19 response. $15,000 is available for reallocation.

20. Line 203: WH: Te Kete Rukuruku – Tranche two – Māori naming (and associated story telling) of parks and places in partnership with mana whēnua to value and promote Auckland’s Māori identity and use of te reo Māori. Tranche two of this project has been deferred pending adoption of remaining Tranche one names. As Tranche one has been delayed, the $24,000 originally set aside to deliver Tranche two is available for reallocation.

21. Line 2034: Olympic Park Service Plan – Complete a service assessment and prioritised work programmes to produce a plan which considers what park services are currently provided for, issues on site, and recommended actions where the public’s use of this space could be enhanced and the values celebrated.

22. At the February 2021 workshop, direction was provided to staff to undertake a Master Planning process for Olympic Park. Planning will address future needs. The funds for the Olympic Park Service Plan will be carried forward into the 2021/2022 financial year.

Activities on hold/delayed

23.     The following work programme activities have been flagged by operating departments for the local board’s attention due to less significant variations, being managed by staff.

24.     Line 1795: Household and Communities Engagement: Ethnic Communities Engagement (EcoMatters) – the project enables ethnic and faith-based communities through supporting their interests and energy to benefit the environment and to provide positive outcomes for their communities.

·    There were no applications for funding support during the reporting period of November 2020 to February 2021. This was largely anticipated due to schools, early childhood centres, and community groups being closed or less active over the summer months for promotion of the programme. Other promotion planned for the next reporting period includes contacting representatives of ethnic-based community organisations. Love Your Neighbourhood applications from ethnic community groups are also expected to increase next quarter in response to promotion via Neighbours Day held from 20 to 30 March 2021 (which has an environmental theme for 2021) and the EcoFest West Festival from 20 March to 18 April 2021. While there have been no applications to date, staff anticipate the budget will be fully committed by the end of the financial year as a result of these applications.

25.     Line 1796: Healthy Homes on a Budget (Project HomeWise EcoMatters) Whau a minimum of six workshops to be provided to communities on topics such as waste minimisation, water saving, energy efficiency and sustainable living.

·    During the reporting period two face-to-face workshops were held. This included a workshop in conjunction with the Environmental Protection Authority at the EcoMatters EcoHub Market Day on 15 November 2020 attended by 45 participants, and a workshop at the Blockhouse Bay Library with 19 attendees. The Blockhouse Bay Library workshop introduced ways in which landlords could provide support to tenants and meet moral obligations as property owners, as well as meeting legal requirements. A workshop arranged for Asylum Seekers in Avondale was postponed due to organiser illness and a workshop at Green Bay Community House was postponed due to the COVID-19 lockdown. EcoMatters is working to reschedule these workshops for delivery during the next reporting period. Already confirmed for the next reporting period is a workshop at Blockhouse Bay Library on 8 April 2021 and a public workshop being offered at the EcoMatters EcoHub during EcoFest West Festival on 18 April 2021. A minimum of six workshops will still be held this financial year.

26.     Line 1804: Whau River Event – This project brings the Whau community together to celebrate the Whau River. This event started as the Flotilla Whau (previously supported by the Whau Local Board LDI funds) and involves activities on land and on water. The event will be supported by the Whau Walkway and Environmental Trust (Te Whau Pathway) and the Kelston Community Hub.

·    Due to COVID-19 Alert Level restrictions, this event has had to be postponed twice. Organisers are currently in the process of finding a new date, which will still be delivered within this financial year (COVID-19 Alert Levels permitting).

27.     Line 2266: WH: Te Kete Rukuruku – Tranche one – Māori naming (and associated story telling) of parks and places in partnership with mana whēnua to value and promote Auckland’s Māori identity and use of te reo Māori.

·    There has been delay in delivery of Tranche one and staff are working with mana whēnua to manage any risks. In its October 2020 meeting, the Whau Local Board partially progressed with the project by formally receiving 23 te reo Māori names for Whau parks and authorised the gazettal of those names. There has been no further progress in this quarter as further sets of names are currently being considered by mana whēnua. Parks staff recommend the budget be carried forward to complete delivery of Tranche one in the next financial year. Community Facilities staff have been supported by the local board to progress interim installation with any leftover funding from other completed community facilities projects within this financial year.

Changes to the local board work programme

28.     This report is provided to enable the Whau Local Board to monitor the organisation’s progress and performance in delivering the 2020/2021 work programmes. Staff recommend that the Whau Local Board reallocate funds to other Whau projects. The uncommitted sum of $39,922 is made up as follows:

·   $15,000 – Sirens and Sounds, and Waitangi Day events cancelled due to COVID-19 restrictions

·   $24,000 – Te Kete Rukuruku – Tranche two will not be progressed until Tranche one (which has been delayed) is completed. As this may take some time to deliver, staff recommendation is to reallocate the sum.

·   $922 – Film revenue.

Options for reallocation of non-committed funds

29.     Option 1. Reallocate $15,000 to undertake geotechnical investigations to address reopening Kurt Brehmer Walkway on Rosebank Peninsula.

30.     Option 2. Reallocate either $24,000 or $26,000 to the Rosebank East Restoration Project.
Parks, Sports and Recreation recommend that funds up to the value of $26,000 be redirected to begin weed clearance work on the deferred management unit “O” the Rosebank East Restoration Project.  This is a weed and undergrowth clearance programme.  Problematic environmental weed species identified on site
management unit O: Size 1938m² (reference point map below – end driveway at 453 Rosebank Road) include a tree privet dominated  canopy, jasmine, ginger, tradescantia, wattle, wooly nightshade and various vines such as moth plant.
  A quote of $26,000 had been received to undertake this project but due to insufficient funds the project was deferred. If the board was to allocate the lesser sum of $24,000, the project would still be deliverable by enlisting the assistance of the Whau River Catchment Trust.  The Rosebank Business Association had previously signalled its support for this project.

31.     Option 3. Reallocate all or part of uncommitted funds to Whau Community Grants.

Summarised minor changes to the work programme

32.     The changes to work programmes activities including those referenced above are summarised in the table below. The local board was informed of these minor changes and they were made by staff under delegation.




Table 2: Summary of change to the local board work programmes

ID/Ref

Work Programme Name

Activity Name

Change

Reason for change

Budget Implications

N/A

Not part of work programme

Film revenue identified by Finance Department

N/A

Film revenue of $922 has been accumulated and needs to be allocated to the work programmes

As yet unallocated

2777

Community Facilities: Build Maintain Renew

Whau LDI Minor CAPEX Fund 2018/19

Cancelled

No further funds

N/A

1475

Arts Community and Events

Events Partnership Fund Whau

Event cancellations

Two events cancelled due to COVID-19 response:

-  Sirens & Sounds

-  Waitangi Day at Hoani Waititi Marae

$15,000 to be reallocated.

3474

Community Facilities: Build Maintain Renew

Archibald Park install basketball half court and seat

Board asked staff to optimize basketball options at Archibald park re-investigate layout to accommodate two hoops

Local demographics and feedback indicate keen and potential higher number of users at this site. Park currently caters well for younger aged users but not older youth

More expensive; will explore budgets when new options presented

1795

Infrastructure and Environmental Services

Household and Communities Engagement: Ethnic Communities Engagement (EcoMatters)

Delayed

Delayed by COVID-19 Lockdown but will still be delivered within financial year

No budget implications

1796

Infrastructure and Environmental Services

Healthy Homes on a Budget (Project HomeWise EcoMatters) Whau

Delayed

Delayed by COVID-19. Lockdown but will still be delivered within financial year

No budget implications

1804

Infrastructure and Environmental Services

Whau River Event

Delayed

Delayed by COVID-19 Lockdown but will still be delivered within financial year

No budget implications

2302

Infrastructure and Environmental Services

Manukau Harbour Forum – Whau

Merged

Reporting for this budget is now combined with the Manukau Harbour Forum line 1820 for 2020/2021.

No budget implications

2266

Parks, Sport and Recreation

WH: Te Kete Rukuruku (Māori naming and places) Tranche one

On hold

This is not likely to occur until after June. Staff recommend the budget is carried forward

Carry forward

203

Parks, Sport and Recreation

WH: Te Kete Rukuruku - Tranche two

Deferred (potentially cancelled)

No progress is expected on Tranche two until Tranche one is nearer to completion.

PSR recommend redirection of funds to Rosebank East Restoration Project

$24,000 budget returned to board in December 2020 for reallocation

 

2034

Parks, Sport and Recreation

Olympic Park Service Plan.

On hold

 

Note. Budget move from PSR to CCS: RSPIP – Service and Asset Planning in new financial year

Local Board February Workshop confirmed direction for delivery of a master plan for the park by the Service Strategy and Integration team

Funding to be deferred to 2021/2022

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

34.     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

35.     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

36.     This report informs the Whau Local Board of the performance from November 2020 to February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

37.     The Whau Local Board Plan 2017 aims to consider Māori aspirations and promote Māori traditions, concepts and values wherever possible. It is noted that the newly adopted Whau Local Board Plan 2020, which will form the basis of the 2021/2022 work programmes, places an even stronger emphasis on this area of delivery. Activities to match within this reporting period are highlighted here:

·    Two Mataurangi courses considering Māori traditions, concepts, values and Māori world view were held with 20 attendees. A Te ao Māori framework for project planning is being developed as a result of these courses.

·    Staff met with the Kaiwhakaawe to discuss outcomes achieved in 2020 and plans for 2021, including supporting the Ra Tamariki Kohanga Reo celebrations at Te Kotuku Kura Kaupapa Māori in November 2020.

·    A Kelston Hub support worker was engaged to respond to community during and post COVID-19 lockdowns; as well as manage and support the Whau kaumatua plans and Pasifika matua group.

·    All Whau hubs and houses have received Matariki funding to support locally led Whau Matariki celebrations.

·    Te Kawerau A Maki provided comment and advice on refreshing the Avondale heritage walks brochure.

·    Staff and Chair engaged with Moko Foundation to gain insight into possible pathways for Pacific and Māori.

·    From November 2020 to February 2021 Sport Waitākere led collaborative sessions with He Oranga Poutama, Te Kotuku Ki Te Rangi and Waitākere Shared Vision, and Te Kawerau ā Maki to plan a 10-week programme to deliver Māori traditional games. Sport Waitākere supported local events, including three projects that received Tu Manawa funding. One of these was Freshmans Dance Crew, a Whau local group that encourages youth participation in dance to connect with others.

·    The EcoHub Market Day was delivered at the EcoMatters site in November 2020. The community was introduced to the nursery and received advice on what to plant in gardens including native plant options. Children participated by being informed about, and potting up, Rongoā / Māori medicinal plants.

·    Planned and developed EcoFest West Festival programme resulting in a record 125 events scheduled for 20 March to 18 April 2021. Printed festival programme includes event themes expressed in Te Reo Māori and English.

·    Recruited a role focused on a signage project for the EcoMatters site to improve the visitor experience, wayfinding, and ability to access important information about sustainable living. The signage project will incorporate te reo Māori.

·    Whau Libraries: Continued Te Reo playgroup at New Lynn focusing on whānau bringing their tamariki to speak te reo Māori. Also continued to run Huinga Korero, an opportunity for local te reo Māori speakers to meet on alternate weeks. Kaupapa Māori based with karakia and whanaungatanga. Rongoā workshops continued throughout November and December at New Lynn, with kairongaā Emma Haslam. These series of workshops will move to Blockhouse Bay Library in March. Treaty of Waitangi workshops in New Lynn enabled critical thinking and understanding of the history of Aotearoa, this knowledge allows communities to move forward as an informed and empowered nation. These workshops were also offered in Mandarin, an outcome of collaboration with Asian people in Support of Tino Rangatiratanga. Blockhouse Bay continued developing staff skills with te reo Māori, working on their mihi's and whakapapa. Phrases are on display in all Whau libraries. Waitangi Day was acknowledged and celebrated through displays. Avondale continues a weekly Māori conversation group and held a kawakawa balm workshop, run by community member. Using the Whau Locally Driven Initiatives extra funding for programmes, libraries offer Rongoā workshops and te reo Māori eight-week classes. Treaty of Waitangi workshops were also enhanced through this extra funding.

Ngā ritenga ā-pūtea

Financial implications

38. This report is provided to enable the Whau Local Board to monitor the organisation’s progress and performance in delivering the 2020/2021 work programmes. The minor financial consideration is the recommendation to reallocate the sum of $39,922 made up of Locally Driven Initiatives operational expenditure funds, plus filming revenue.

Financial Performance

39. Overall operating results for the first eight months of the year is two per cent below the budget due to lower revenue and lower expenditure. Revenue is below budget by 71 per cent while expenditure is three percent below budget overall. Asset Based Services (ABS) expenditure was affected by COVID-19 restrictions which resulted in the closures of council assets, facilities and parks while essential services continued to be maintained. In Locally Driven Initiatives, expenditure is below budget by 19 per cent as projects are in various stage of delivery. Capital expenditure delivery is below the budget by 4 per cent and mainly focused on Te Whau Pathway, Avondale Community Centre and local asset renewals.

·        Revenue at $43,000 is $106,000 below the budget. This is mainly from venue hire at New Lynn Community Centre due to ongoing renewals.

·        Expenditure of $9,827,000 is below the budget by $320,000 in total. In Asset- Based Services, building and park maintenance services were impacted by COVID-19 level 3 restrictions. In Locally Driven Initiatives (LDI), projects are at various stages of delivery after the disruptions caused by changing alert levels.

·        Capital spend is $2,204,000 and is below budget by $1,766,000. The expenditure is on renewals of park assets and play spaces, community facilities such as Te Whau Pathway, New Lynn Community Centre renewal.

40.     The Whau Local Board Financial Performance report is presented as Attachment B.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

41.     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.

42.     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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A. Whau Local Board Work Programme November 2020 to February 2021

121

b

Attachment B. Whau Local Board Financial Performance Report - February 2021

155

     

Ngā kaihaina

Signatories

Author

Antonina Georgetti - Local Board Advisor

Authoriser

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/04015

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

(b)   a general explanation of—

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Whau 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

167

b

Draft Code of Conduct - attachments for local boards (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason – General Manager Local Board Services

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Local board feedback for inclusion in Auckland Council
submissions

File No.: CP2021/03649

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To recommend that the Whau Local Board delegate authority to the local board Chair to submit the local board’s formal views for inclusion in Auckland Council submissions to Central Government and other councils, where this feedback is due before a local board meeting.

Whakarāpopototanga matua

Executive summary

2.       At its business meeting of 6 May 2020, the Whau Local Board considered a recommendation from Auckland Council staff that it delegate authority to the local board Chair to submit the local board’s formal views for inclusion in Auckland Council submissions to Central Government and other councils, where this feedback is due before a local board meeting. This report is appended as Attachment A.

3.       The Whau Local Board resolved as follows (Resolution WH/2020/29)

MOVED by Chairperson K Thomas, seconded by Deputy Chairperson S Zhu:

That the Whau Local Board:

a)   note that the local board can continue to use its urgent decision process to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils.

CARRIED

4.       Following a workshop led by the Senior Local Board Advisor on 31 March 2021, the local board agreed to revisit that decision.

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)      delegate authority to the Chair to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils.

b)      note that the local board can continue to use its urgent decision process to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils, if the Chair chooses not to exercise the delegation sought in recommendation (a).

c)      note that this delegation will only be exercised where the timeframes do not allow for local board input to be considered and approved at a local board meeting.

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Report to 6 May 2020 Business Meeting of the Whau Local Board

189

 

Ngā kaihaina

Signatories

Author

Mary Binney - Senior Local Board Advisor

Authoriser

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03186

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

4.       The main draft proposals are to:

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

·    set specific rules for rental micromobility devices

·    identify filming in a separate category to events

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

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

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

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

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

 

Ngā tūtohunga

Recommendation/s

That the Whau 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 (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03421

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

4.       The main proposals are to:

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

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

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

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Whau 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 three people from the local board area provided feedback to the proposal via online and email feedback. A majority of those submitters supported proposals 2 to 8, while 63 per cent did not support proposal 1.

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).

33 per cent (1/3 people)

39 per cent

2:        Amend existing rules about carrying a means of communication on vessel, to carrying at least two independent forms of communication on a vessel

67 per cent (2/3 people)

70 per cent

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

67 per cent (2/3 people)

85 per cent

4a:     Make new rules for the Tamaki River Entrance

67 per cent (2/3 people)

69 per cent

4b:     Make new rules for the Commercial Port Area

67 per cent (2/3 people)

75 per cent

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

67 per cent (2/3 people)

71 per cent

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

67 per cent (2/3 people)

77 per cent

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

67 per cent (2/3 people)

76 per cent

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

100 per cent (3/3 people)

82 per cent

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

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

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

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

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

Staff recommend the local board provide its views on public feedback

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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


Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of public feedback (Under Separate Cover)

 

b

Public feedback from people in the Whau Ranges Local Board area (Under Separate Cover)

 

c

Operational and non-bylaw-related feedback (Under Separate Cover)

 

d

Draft Bylaw Panel deliberations report (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Authors

Bayllee Vyle - Policy Analyst

Fereti Lualua - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02956

 

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 (Under Separate Cover)

 

b

Attachment B - Previous Local Board Views (Under Separate Cover)

 

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements (Under Separate Cover)

 

 

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

Reporting back an Urgent Decision of the Whau Local Board on He Pou a Rangi: the Climate Change Commission’s draft advice to Government

File No.: CP2021/03462

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To enable the Whau Local Board to receive a decision made under urgency on 17 March 2021 providing feedback to be appended to Auckland Council’s submission on He Pou a Rangi: the Climate Change Commission’s draft advice to government.

Whakarāpopototanga matua

Executive summary

2.       In early-2021, Auckland Council has drafted a response to He Pou a Rangi: the Climate Change Commission’s  draft advice to government, which was subject to public consultation from 1 February - 28 March 2021.

3.       Auckland Council generally supports the recommendations in the draft advice and sought input from local board members.

4.       The impacts of climate change have been identified as an issue of key concern to the communities of the Whau Local Board area and it is a strong theme in the Whau Local Board Plan 2020.

5.       Local Boards were advised that feedback received on or before 15 March would be incorporated into the Auckland Council submission to MBIE, and feedback received after 15 March but on or before 22 March would be appended to the final submission.

6.       The Whau Local Board provided feedback by Urgent Decision on 17 March 2021. The signed urgent decision memo is appended as Attachment A, and the substantive feedback is appended as Attachment B.

7.       The final Auckland Council submission, to which the Whau Local Board’s feedback was appended, was signed off under delegation on 23 March and submitted to the Climate Change Commission on 26 March.

8.       The memo from Auckland Council staff to all local boards inviting feedback and setting out the background, process and timeline is appended as Attachment C, noting that timelines were extended subsequent to the circulation of this memo.

9.       The full consultation documents were also circulated to members and are available on the Climate Change Commission’s website https://www.climatecommission.govt.nz/get-involved/consultation/

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)      note the decision made under urgency on 17 March 2021 as appended in Agenda Attachment A.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Urgent Decision of the Whau Local Board of 17 March 2021

215

b

Feedback of the Whau Local Board adopted by Urgent Decision on 17 March 2021

219

c

Memo from Auckland Council staff setting out the process for local board feedback

223

 

Ngā kaihaina

Signatories

Author

Mary Binney - Senior Local Board Advisor

Authoriser

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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28 April 2021

 

 

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28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Whau Local Board Workshop Records

File No.: CP2021/03679

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the records of the workshop held by the Whau Local Board on 3, 10 and 17 March 2021.

Whakarāpopototanga matua

Executive summary

2.       Briefings provided at the workshop held are as follows:

3 March 2021

·    Staff and members check-in – informal session

·    Avondale Business Association annual BID accountability

·    Blockhouse Bay Business Association annual BID accountability

·    Rosebank Business Association annual BID accountability

·    Watercare –Central Interceptor – Miranda Reserve

·    Community Facilities – Update.

 

10 March 2021

·    Staff and members check-in – informal session

·    New Lynn Business Association annual BID accountability

·    Grants Programme and Transitional Rates Grants for 2020/2021

·    Greenways and accessibility

·    Public feedback on new Navigation Bylaw and associated controls

·    Joint departments presentation on Crown Lynn development.

 

17 March 2021

·    Staff and members check-in – informal session

·    Kāinga Ora update to the Whau Local Board

·    Thriving Communities Action Plan refresh

·    Draft amendments to Animal Management Bylaw

·    Draft Whau Local Board Work Programme.

 

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)   note the records of the workshops held on 3, 10 and 17 March 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Whau Local Board workshop records - 3 March 2021

229

b

Whau Local Board workshop records - 10 March 2021

231

c

Whau Local Board workshop records - 17 March 2021

235

     

Ngā kaihaina

Signatories

Author

Rodica Chelaru - Democracy Advisor

Authoriser

Adam Milina - Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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28 April 2021

 

 

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28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

Governance Forward Work Calendar

File No.: CP2021/03681

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the updated governance forward work calendar.

Whakarāpopototanga matua

Executive summary

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

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

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

·        clarifying what advice is expected and when

·        clarifying the rationale for reports.

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

 

Ngā tūtohunga

Recommendation/s

That the Whau Local Board:

a)   receive the governance forward work calendar for April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance forward work calendar - April 2021

239

 

Ngā kaihaina

Signatories

Author

Rodica Chelaru - Democracy Advisor

Authoriser

Adam Milina – Local Area Manager

 


Whau Local Board

28 April 2021

 

 

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Whau Local Board

28 April 2021

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.2      Attachment a    Joint presentation - the Kurt Brehmer Walkway (KBW)                                                            Page 243


Whau Local Board

28 April 2021

 

 



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

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

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

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

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

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