Whau Local Board

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Whau Local Board held in the Whau Local Board Office, 31 Totara

Avenue, New Lynn on Wednesday, 28 April 2021 at 6.00pm.

 

present

 

Chairperson

Kay Thomas

 

Deputy

Chairperson

Fasitua Amosa

 

Members

 

 

 

Catherine Farmer

 

 

Ulalemamae Te'eva Matafai

 

 

Warren Piper

 

 

Jessica Rose

 

 

Susan Zhu

 

 

ALSO PRESENT

 

Whau Ward Councillor

Tracy Mulholland

 

 

 

 

 

 

 

 

 

 

 

 


Whau Local Board

28 April 2021

 

 

 

1    Welcome

     

Chairperson K Thomas opened the meeting, welcomed those present and lead the local board in a karakia.

2    Apologies

 

Resolution number WH/2021/24

MOVED by Chairperson K Thomas, seconded by Member W Piper:  

That the Whau Local Board:

a)         accept the apology from Member S Zhu for early departure.

CARRIED

 

3    Declaration of Interest

 

There were no declarations of interest.

 

4    Confirmation of Minutes

 

Resolution number WH/2021/25

MOVED by Chairperson K Thomas, seconded by Member J Rose:  

That the Whau Local Board:

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

 

CARRIED

 

5    Leave of Absence

 

There were no leaves of absence.

 

6    Acknowledgements

 

There were no acknowledgements.

 

7    Petitions

 

There were no petitions.

 

8    Deputations

 

8.1

Deputation - Whau Walking Samoans

 

Resolution number WH/2021/26

MOVED by Member T Matafai, seconded by Member F Amosa:  

That the Whau Local Board:

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

 

CARRIED

 

 

8.2

Deputation - Whau River Catchment Trust and Rosebank Business Association

 

Resolution number WH/2021/27

MOVED by Chairperson K Thomas, seconded by Member J Rose:   

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.

CARRIED

 

 

9    Public Forum

 

9.1

Gujarati Samaj NZ (Inc)

 

Kaushik Kansara, Secretary, and Kiritkumar Thaker, President of the

association, attended to address the meeting regarding Gujarati Samaj NZ’s

(Inc) goals and objectives.

 

 

Resolution number WH/2021/28

MOVED by Chairperson K Thomas, seconded by Member C Farmer:  

That the Whau Local Board:

a)    receive the presentation from Gujarati Samaj NZ (Inc) and thank Kaushik Kansara and Kiritkumar Thaker for their attendance.

 

CARRIED

 

10  Extraordinary Business

 

There was no extraordinary business.

 

11

Whau Ward Councillor's update

 

Resolution number WH/2021/29

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

That the Whau Local Board:

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

CARRIED

 

12

Election of a Deputy Chairperson

 

Resolution number WH/2021/30

MOVED by Chairperson K Thomas, seconded by Member W Piper:  

That the Whau Local Board:

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

b)      agree to use System B of Schedule 7, Part 1, Clause 25 of the Local Government Act 2002 to elect the Deputy Chairperson of the Whau Local Board from Wednesday 28 April 2021 until the end of the political term.

CARRIED

 

Chairperson K Thomas called for nominations for the position of Deputy Chairperson for the

period of 29 April 2021 until the end of the political term.

 

Member W Piper nominated himself, Chairperson K Thomas seconded the nomination.

Member S Zhu nominated Member F Amosa, Member T Matafai seconded the nomination.

 

Two votes were received for Member W Piper.

Five votes were received for Member F Amosa.

 

 

Resolution number WH/2021/31

MOVED by Member S Zhu, seconded by Member T Matafai:  

That the Whau Local Board:

a)         elect Member F Amosa as Deputy Chairperson of the Whau Local Board from Wednesday 28 April 2021 until the end of the 2019-2022 political term.

 

CARRIED

 

Deputy Chair F Amosa read out the Declaration by Deputy Chair.

 

 

Attachments

a     28 April 2021, Whau Local Board: Item 12 - Declaration by Deputy Chair

 

 

13

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

various projects

 

Resolution number WH/2021/32

MOVED by Chairperson K Thomas, seconded by Member J Rose:  

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.

b)        thank Helen Biffin, Work Programme Lead, for her attendance to speak to the item.

CARRIED

 

Member S Zhu left the meeting at 6.45pm.

 

 

14

Auckland Transport - Regional Land Transport Programme 2021

 

Resolution number WH/2021/33

MOVED by Chairperson K Thomas, seconded by Member J Rose:  

That the Whau Local Board:

a)    welcome the opportunity to give its views on the 2021-2031 Regional Land Transport Plan (RLTP).

b)      express concern about lack of information from Auckland Transport (AT) regarding the process for developing this RLTP and the formal opportunities available to local boards to give feedback consistent with their role as local governors, noting that meaningful and early engagement would have been appreciated.

c)    note the findings of the recent Council-controlled Organisations (CCO) review and its expectation that there will be improved communication between AT and local boards over the course of this RLTP.

d)    note that there will be almost no new capital investment in the Whau Local Board area in this RLTP, while understanding the significant financial constraints faced by AT.

e)    note that no new active transport infrastructure other than those projects already underway is planned for the Whau Local Board area in this RLTP, noting in particular that progress in this area lags a long way behind public expectation, and urge AT to consider any additional opportunities for new active transport infrastructure in the area.

f)     remind AT that the parts of the Te Whau Pathway funded by the government’s “shovel ready” scheme sit mainly in the Henderson-Massey Local Board area.

g)    note that reinstatement of the local board transport capital fund (LBTCF) to a level that would enable only the completion of the Avondale town centre pavers replacement would effectively only represent the reinstatement of the previous triennium’s LBTCF, as that project was resolved by the previous local board and was intended to be funded from the 2017-2020 allocation.

h)    remind AT of its resolution WH/2020/80 of 22 July 2020, where the local board signalled its intentions around what would have been its LBTCF for 2020-2023.

i)     note that this constrained funding environment could provide an ideal
opportunity for AT to concentrate more on innovative, low-cost solutions particularly around walking, cycling, micro-mobility and safety, as identified in the Healthy Streets Framework.

j)     note with concern that AT is yet to properly address the parking situation in New Lynn, noting the proposed multi-storey park-and-ride which was a recommendation of the New Lynn Urban Plan 2010 and a long-standing advocacy point for the Whau Local Board, and also the findings of the New Lynn Parking study conducted in 2017 which identified a significant lack of parking capacity in New Lynn.

k)    note with concern that AT continues to focus on a narrow definition of growth (in particular greenfields growth) and urge it to consider a broader definition that would enable it to invest earlier, and more heavily, in areas of intensive brownfields development such as Avondale, which may have a lower cost and lower environmental impact and contribute to mode-shift away from private vehicle usage.

l)     applaud AT for identifying climate change as a key challenge but express its disappointment at the relative lack of investment proposed to meet this challenge and urge a more aggressive approach to accelerate meaningful climate action and a reduction in transport emissions in line with the recommendations of the climate change commission and the Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan    to keep temperature increases below 1.5°C.

m)  note that the recommendations of the Climate Change Commission’s recent draft advice to Government in favour of transformational transport change to reduce emissions in Auckland.

n)    urge AT to advocate to Waka Kotahi to assign more priority to reduction in carbon emissions in its funding decisions and less priority to vehicle throughput.

 

o)    urge AT to do more to implement the government’s “road to zero” strategy and note that several relatively low-cost safety improvements planned for the Whau have been cancelled or deferred in the past year.

 

p)    note ongoing public concern about pedestrian safety, including lack of pedestrian crossings and poor maintenance of footpaths, particularly in areas with high concentrations of older residents.

 

q)    request that the budget allocated for road renewal and road improvements be combined so that roads can be assessed for improvement or renewal at the time of renewal.

 

r)     adopt a full table of detailed feedback using the feedback form provided in Agenda Attachment A, to be appended to these minutes as Minutes Attachment A.

 

s)    thank Mary Binney,  Senior Advisor Local Board, for her attendance to speak to the item.

 

CARRIED

 

 

 

Attachments

a     28 April 2021, Whau Local Board: Item 14 - Whau Local Board full feedback on the Draft Regional Land Transport Plan 2021-2031

 

15

Proposal to vary the Regional Fuel Tax (RFT) scheme

 

Resolution number WH/2021/34

MOVED by Chairperson K Thomas, seconded by Member F Amosa:  

That the Whau Local Board:

a)       provide the following feedback on the proposed variation to the Regional Fuel Tax scheme:

i)     the local board was generally supportive of implementation of a regional fuel tax in 2018

ii)    the local board acknowledges that any increases in the price of fuel will place cost burden on the local working population who are obliged to drive to other parts of Auckland to access employment

iii)  the Whau Local Board area has the one of the lowest levels of local employment in Auckland and relatively high deprivation

iv)       commute times are projected to continue increasing throughout West Auckland, resulting in increased costs for those not well served by the public transport network and those who require private vehicular transport

v)        major improvements to access to rapid transit in West Auckland (through the City Rail Link and Northwest Bus Improvements) are a long way off and the local board would be concerned to see those least able to afford it being the most heavily burdened by additional transport costs in the interim

vi)       the local board supports policies that incentivise the uptake of electric vehicles, and notes that while fuel taxes may contribute to this transition, if the uptake of electric vehicles were to exceed current projections then this could reduce the amount of revenue available from fuel taxes and create a future funding challenge

vii)      the local board would urge Auckland Transport, Auckland Council, Waka Kotahi and the Ministry of Transport to begin considering alternative mechanisms to pay for Auckland’s future transport infrastructure requirements that is less dependent on Aucklanders’ continued reliance on fossil fuels.

b)    thank Mary Binney, Senior Advisor Local Board, for her attendance to speak to the item.

CARRIED

 

 

16

Draft Statement of Expectations for Council-controlled Organisations

 

Resolution number WH/2021/35

MOVED by Chairperson K Thomas, seconded by Member W Piper:  

That the Whau Local Board:

a)         support the issuance of a Statement of Expectations (SOEs) to Council-controlled organisations (CCOs) pursuant to 64B of the Local Government Act 2002, but asks that a more collaborative development process is designed so local boards as key partners and local governors are provided a more meaningful opportunity to engage in the creation of the inaugural SOE for CCOs in Auckland.

b)        acknowledge that other related pieces of work that seeks to implement the recommendations of the Independent Panel on the Review of Council Controlled Organisations in 2020 is occurring concurrently, but does not believe that necessitates the adoption of a high-level SOE that is unlikely to lead to meaningful understanding of expectations and change in approach.

c)         note that the SOE is intended to be part of a wider framework of accountability for CCOs, along with the CCO Accountability Policy, the CCO Governance Manual, and the Statements of Expectations and Intent for each CCO.

d)        note its view that the draft SOE is too high level and will not provide the requisite detail to CCOs of council’s expectations on “how” CCOs must undertake their business.

e)         note its view that the wording of the draft SOE, specifically to “build good relationships” and “consult” with local boards does not recognise them as governors but continues to treat them as one of many stakeholders.
 

f)          recommend the development of a more detailed document similar to the Treasury’s Owner’s Expectations Manual to ensure that CCOs have a clear understanding of their compliance obligations.
 

g)        note the recommendations of the Independent Panel on the Review of Council Controlled Organisations in 2020 that SOEs should set out:

i)     how each CCO should conduct relations with the governing body, local boards, Māori entities and the public

ii)    the council’s expectations of individual CCOs as well as of CCOs generally

iii)   the extent to which the council expects CCOs to consult it when developing significant plans or strategies

iv)   Auckland Council’s expectations about CCO chief executives’ salaries and tenure.

h)        note in particular the following further remarks of the Independent Panel on the Review of Council Controlled Organisations:

i)     Auckland Council needs to give CCOs clear strategic direction to translate the council’s high- level plans into practical work programmes

ii)    Auckland Council’s many plans, policies and strategies offer almost no detailed or practical information or strategic direction to CCOs to enable them to set their work programmes and priorities accordingly

iii)   plans and policies are often too broad and lacking in specifics, and require considerable interpretation by CCOs to make them operational

iv)   the draft SOE should include reference to CCOs working to deliver strategies and key activities from local board plans, alongside the existing references to the Auckland Plan and the Long-term Plan
 

v)    letters of expectation are too vague and fail to give CCOs adequate guidance in preparing their statements of intent

vi)   CCOs’ interactions with local boards does not result in effective accountability, with CCOs generally informing local boards about projects in their area rather than seek real input into their design

vii) CCOs are not sufficiently responsive to local boards’ concerns and do not co-ordinate their efforts in local board areas with other CCOs

viii)       Auckland Council needs to rewrite its Governance Manual for Substantive CCOs so the focus is squarely on its expectations of CCOs, removing policies to a separate document and requiring incoming directors and senior managers to read the manual

ix)   while the draft SOE generally sets out the provision recommended by the Independent Panel, it does not include expectations of individual CCOs

x)    the local board supports the recommendation of the Independent Panel that these should form part of the SOE

xi)   the local board supports the draft SOE’s acknowledgement that ‘local boards are not a ‘stakeholder’, but an integral part of the council’s governance system’ and that ‘local boards will be involved as governors (not stakeholders) when the decision impacts on their local governance role or has high community interest in their local community’

xii) more detail is needed in the draft SOE regarding how CCOs should give meaningful effect to the local governance role of local boards beyond the requirements to ‘build and maintain good relationships’ and ‘consult with local boards genuinely and early’

xiii)       the local board acknowledges the need to implement the draft SOE alongside the revisions to the CCO Accountability Policy currently being consulted on as part of the Long-term Plan

xiv)       the process and timeframe for local boards to provide input into the draft SOE has not been adequate and does not meet the board’s expectations regarding having the opportunity to provide meaningful and considered views

xv) further revisions of the SOE and the CCO Governance Manual to give effect to the recommendations of the Independent Panel should use a process that allows meaningful and considered input from local boards.

i)          provide the following general feedback:

i)     it is not clear on why the SOE needs to be adopted in such a short timeframe (to match the LTP timeframes)

ii)    the local board does not support the approach of a high level and general SOE that will be revised shortly after adoption to accommodate the progress/conclusion of related pieces of work as this will lead to confusion and uncertainty for CCOs with very little incentive to operationalise the SOE in the short term

iii)   the review of the Governance Manual for CCOs should be included as part of the development of the SOE so that staff and governors of council and CCOs have a clear manual that outlines shareholders’ expectations

iv)   there should be consideration of what direction can be provided to CCOs pursuant to s64A of the Local Government Act 2002 to develop plans to support local board governance, for instance annual work programmes or community engagement plans.

j)          request that a joint panel of local board members and Governing Body members be established to develop the SOE and review the Governance Manual for substantive CCOs and report back to boards and the Governing Body for adoption in the first quarter of financial year 2022.

k)         thank Adam Milina, Local Area Manager, for his attendance to speak to the item.

CARRIED

 

 

 

 

17

Whau Local Board integrated performance report for November 2020 to February

2021

 

Resolution number WH/2021/36

MOVED by Chairperson K Thomas, seconded by Member C Farmer:  

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.

c)         thank Antonina Georgetti, Local Board Advisor, for her attendance to speak to the item.

 

CARRIED

 

 

18

Review of the Code of Conduct - draft revised code

 

Resolution number WH/2021/37

MOVED by Chairperson K Thomas, seconded by Member F Amosa:

That the Whau Local Board:

a)      support the revised draft Code of Conduct for adoption by the Governing Body, noting the following feedback:

              i.        the local board supports the principle-based format and alignment with the New Zealand Parliament Code of Conduct

             ii.        the local board supports the updated conflict of interest policy and is generally supportive of all the policies which form part of the Code of Conduct

           iii.        the local board supports the inclusion of a complaints process which allows complaints from the public, provided that there are mechanisms in place to ensure that frivolous or vexatious complaints are not considered

           iv.        the local board notes the need to ensure that members who are subject of a complaint are kept well informed of the process to ensure that they are supported and have ample opportunity to consider the complaint and develop a response

             v.        the local board supports the definition of materiality

           vi.        the local board supports the replacement of a panel with a conduct commissioner provided that it is an independent person with no political associations, and notes that the pool of commissioners needs to reflect the diversity of New Zealand’s population

          vii.        the local board accepts that the majority of commissioner reports should be made public but notes that there may be circumstances where releasing the report could be detrimental to wellbeing of the affected parties.

         viii.        the local board requests the development of a list of criteria for determining any need for confidentiality around a commissioner’s report and would recommend leaving the final decision on confidentiality to the independent commissioner

           ix.        the local board supports the inclusion of a policy around working with staff provided that the focus is on staff well-being

             x.        the local board notes the particular importance, in the age of social media, of establishing criteria to clarify when members are (and are not) acting in their capacity as an elected member

           xi.        the local board supports clarification of the relationship between the Code of Conduct and Standing Orders when considering members’ behaviour in formal meetings

          xii.        the local board supports clarification of expectations around ensuring that confidential workshop materials and other confidential information originating outside formal meetings be kept confidential.

b)        thank Adam Milina, Local Area Manager, for his attendance to speak to the item.

 

CARRIED

 

 

19

Local board feedback for inclusion in Auckland Council submissions

 

Resolution number WH/2021/38

MOVED by Chairperson K Thomas, seconded by Member T Matafai:  

That the Whau Local Board:

a)      delegate authority to the Chair and Deputy 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 and Deputy Chair choose 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.

e)      thank Mary Binney, Senior Advisor Local Board, for her attendance to speak to the item.

CARRIED

 

20

Proposal to make a new Public Trading and Events Bylaw

 

Resolution number WH/2021/39

MOVED by Chairperson K Thomas, seconded by Member F Amosa:  

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.

CARRIED

 

21

Public feedback on proposal to make new navigation rules

 

Resolution number WH/2021/40

MOVED by Chairperson K Thomas, seconded by Member W Piper:  

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 as follows:

i)          express concern at the proposed increase in the speed limit on the Waitemata Harbour from 12 to 18 knots, noting that the majority of submitters did not support this proposal

ii)         note its concern around not only public safety but also protection of aquatic life, noting in particular that a significant minority of submitters indicated a preference for reducing the speed limit to 10 knots.

CARRIED

22

Statement of proposal to amend the Animal Management Bylaw and controls

 

Resolution number WH/2021/41

MOVED by Chairperson K Thomas, seconded by Member T Matafai:

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.

CARRIED

 

 

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

 

Resolution number WH/2021/42

MOVED by Chairperson K Thomas, seconded by Member J Rose:  

That the Whau Local Board:

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

 

CARRIED

 

 

24

Whau Local Board Workshop Records

 

Resolution number WH/2021/43

MOVED by Chairperson K Thomas, seconded by Member T Matafai:  

That the Whau Local Board:

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

CARRIED

 

 

25

Governance Forward Work Calendar

 

Resolution number WH/2021/44

MOVED by Chairperson K Thomas, seconded by Member W Piper:  

That the Whau Local Board:

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

CARRIED

 

 

26  Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

7.01pm                                               The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT

A MEETING OF THE Whau Local Board HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:.......................................................