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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 22 April 2021

4.00pm

Waitākere Ranges Local Board Office
39 Glenmall Place
Glen Eden

 

Waitākere Ranges Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Greg Presland

 

Deputy Chairperson

Saffron Toms

 

Members

Mark Allen

 

 

Michelle Clayton

 

 

Sandra Coney, QSO

 

 

Ken Turner

 

 

(Quorum 3 members)

 

 

 

Elizabeth Stewart

Democracy Advisor

 

16 April 2021

 

Contact Telephone: 021 194 6808

Email: elizabeth.stewart@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Waitākere Ranges Local Board

22 April 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               6

5          Leave of Absence                                                                                                          6

6          Acknowledgements                                                                                                       6

7          Petitions                                                                                                                          6

8          Deputations                                                                                                                    6

8.1     Deputation - EcoNet Charitable Trust                                                                6

8.2     Deputation - Matuku Link                                                                                    7

8.3     Deputation - Big Street Bikers                                                                            7

9          Public Forum                                                                                                                  8

10        Extraordinary Business                                                                                                8

11        Waitākere Ward Councillors' Update                                                                          9

12        Auckland Transport - Regional Land Transport Programme 2021                        11

13        Draft Statement of Expectations for Council-controlled Organisations               19

14        Landowner approval application for stormwater infrastructure at Harold Moody Reserve at 44 Glendale Road, Glen Eden                                                                 35

15        Proposal to make a new Public Trading and Events Bylaw                                   49

16        Proposal to vary the Regional Fuel Tax (RFT) scheme                                         131

17        Public feedback on proposal to make new navigation rules                                150

18        Review of the Code of Conduct - draft revised code                                             150

19        Statement of proposal to amend the Animal Management Bylaw and controls 150

20        Waitākere Ranges Local Board Grants Programme 2021/2022                           150

21        Waitākere Ranges Local and Multi-Board Round Two 2020/2021 Grant Allocations                                                                                                                                     150

22        Chair's Report - April 2021                                                                                        150

23        Local Board Member Report - Member Clayton                                                     150

24        Local Board Member Report - Member Coney                                                       150

25        Workshop Records                                                                                                    150

26        Governance Forward Work Programme                                                                 150

27        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 Waitākere Ranges Local Board:

Board Member

Organisation/Position

Mark Allen

-   Community Waitākere – Executive Officer

-   Bethells Valley Fire – Senior Fire Fighter

-   Waitākere Licensing Trust – Trustee

Michelle Clayton

-   Glen Eden Community House – Treasurer

-   Glen Eden Residents’ Association – Treasurer

-   Waitākere Community Organisation Grants Scheme (COGS) – Committee Member

-   The Personal Advocacy and Safeguarding Adults Trust – Trustee

-   Glen Eden Returned Services Association (RSA) – Member

-   Glen Eden Railway Trust – Member

Sandra Coney

-   Waitematā District Health Board – Elected Member & Chair of Hospital Advisory Committee

-   Women’s Health Action Trust – Patron

-   New Zealand Society of Genealogists – Member

-   New Zealand Military Defence Society – Member

-   Cartwright Collective – Member

-   Piha Wetland Trust – Partner Peter Hosking is a Trustee for the Piha Wetland Trust

Greg Presland

-   Whau Coastal Walkway Environmental Trust – Trustee

-   Combined Youth Services Trust – Trustee

-   Glen Eden Bid – Member

-   Titirangi Ratepayers and Residents Association – Member

-   Waitākere Ranges Protection Society - Member

-   Titirangi RSA - Member

-   Maungakiekie Golf ClubMember

Saffron Toms

-   Titirangi Community House – Secretary

-   Huia-Cornwallis Residents and Ratepayers Association – Committee Member

Ken Turner

-   Huia-Cornwallis Residents and Ratepayers Association – Committee Member

 


 

Member appointments

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

External community group or organisation

Lead

Alternate

Aircraft Noise Community Consultative Group

Mark Allen

Saffron Toms

Ark in the Park

Mark Allen

Sandra Coney

Friends of Arataki and Waitākere Regional Parkland Incorporated

Michelle Clayton

Sandra Coney

Glen Eden Business Improvement District (Glen Eden Business Association)

Michelle Clayton

Greg Presland

Glen Eden Playhouse Theatre Trust

Ken Turner

Mark Allen

Te Uru Waitākere Contemporary Gallery

Mark Allen

Saffron Toms and Sandra Coney

The Rural Advisory Panel

Ken Turner

Saffron Toms

 

4          Confirmation of Minutes

 

That the Waitākere Ranges Local Board:

a)         confirm the minutes of its ordinary meeting, held on Thursday, 25 March 2021, as a 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 Waitākere Ranges 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 - EcoNet Charitable Trust

Te take mō te pūrongo

Purpose of the report

1.       To deliver a presentation to the Board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2.       Local conservation community groups are hampered by inadequate management tools for engaging volunteers, scheduling tasks, recording results etc.  This results in time that could be spent productively being wasted and leads to high churn of volunteers.

3.       EcoNet Charitable Trust would like to make the Board aware of this situation and the answer to it that EcoNet is close to providing.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the presentation and thank Leigh Featherston, Manager EcoNet Charitable Trust and Annalily van den Broeke, for their attendance.

 

8.2       Deputation - Matuku Link

Te take mō te pūrongo

Purpose of the report

1.       To deliver a presentation to the Board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2.       Annalily van den Broeke, Project Manager Matuku Link, would like to update the Board on the past four years at Matuku Link, as well as plans moving forward.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the presentation and thank Annalily van den Broeke, Project Manager Matuku Link for her attendance.

Attachments

a          Presentation - Matuku Link........................................................................... 150

 

8.3       Deputation - Big Street Bikers

Te take mō te pūrongo

Purpose of the report

1.       To deliver a presentation to the Board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2.       Big Street Bikers would like to make a presentation to the Board on the future of electric bikes in Auckland.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the presentation and thank Cleve Cameron  and Sir Bob Harvey for their attendance.

Attachments

a          Presentation - Big Street Bikers................................................................... 150

 

 

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.”


Waitākere Ranges Local Board

22 April 2021

 

 

Waitākere Ward Councillors' Update

File No.: CP2021/03259

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive an update from Waitākere Ward Councillors’ Linda Cooper and Shane Henderson.

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

 

Ngā tūtohunga                                       

Recommendation/s

That the Waitākere Ranges Local Board:

a)      thank Waitākere Ward Councillors’ Linda Cooper and Shane Henderson for their verbal update.

 

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

Auckland Transport - Regional Land Transport Programme 2021

File No.: CP2021/04141

 

  

 

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 Waitākere Ranges Local Board:

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

b)      provide feedback on the proposed 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 recognizes the importance of seeking local board views to ensure these are included in the information given to the RTC and Governing Body to inform their decision making. To this end, 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)

16

Huapai Improvements

2021/22 – 2022/23

17.5

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

76

Wolverton Culverts

2021/22

10.0

77

Scott Point Repayment

2021/22

5.0

 


 

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)

67

Ash Street and Rata Street

Safety (AT)

78

Residential Speed Management – Kelston, Te Atatu Peninsula, Te Atatu South East and Henderson

Safety (AT)

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

 

Non-AT Projects

Responsible Agency

10 Year Capital Expenditure ($M)

15

SH16 Brigham Creek-Waimauku

Waka Kotahi

137.0

17

SH18 Squadron Drive interchange upgrade

Waka Kotahi

68.0

21

Te Whau Pathway

Auckland Council

30.3

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

Improvements to the transport network

The RLTP includes:

·    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.

·    $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.

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

·    $100 million for minor improvements across the network.

·    $35million for supporting Electric Vehicles

·    $20million for environmental sustainability infrastructure

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:

·   Chair’s Forum on 15 February 2021

·   A workshop with the Waitākere Ranges Local Board on 15 April 2021

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

Tauākī whakaaweawe Māori

Māori impact statement

28.     Iwi and mataawaka have been engaged 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.

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

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Owena Schuster – Elected Member Relationship Partner, Auckland Transport

Authorisers

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

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/04033

 

  

 

 

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

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

Local impacts and local board views

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

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


 

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

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

25

     

Ngā kaihaina

Signatories

Authors

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Louise Mason - General Manager Local Board Services

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Landowner approval application for stormwater infrastructure at Harold Moody Reserve at 44 Glendale Road, Glen Eden

File No.: CP2021/02181

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve a landowner approval application for stormwater infrastructure at Harold Moody Reserve, located at 44 Glendale Road, Glen Eden for the proposed adjoining development at 46 Glendale Road, Glen Eden.

Whakarāpopototanga matua

Executive summary

2.       The owner of 46 Glendale Road, Glen Eden, has obtained resource consent and building consent for the development of a second dwelling at their property. The construction of this dwelling is now nearing completion.

3.       To service their development, the owner of 46 Glendale Road, Glen Eden, is requesting landowner approval to construct stormwater infrastructure within Harold Moody Reserve, located at 44 Glendale Road, Glen Eden.

4.       The stormwater proposal involves a new stormwater line, two manholes, and a naturalised outfall within the reserve.

5.       Five alternative options have been considered. Four of the options were for different stormwater alignments within the reserve, and one option was to pump water up to the road.

6.       These alternative options are not possible due to the contours of the site, which does not allow for a gravity led system, and Watercare Services Limited not providing approval for crossing over the critical watermain within the reserve.

7.       The current proposal is recommended by staff as: 

·   the proposed alignment is as close to the reserve’s boundary as possible, which will enable any future development of the reserve, and

·   the proposed alignment will allow the neighbouring sites which are likely to be developed in the future to connect their stormwater to the public line with minimal impact to the reserve.

8.       Risks involved in approving this application include potential damage to the reserve from construction of the infrastructure, and new visible infrastructure. These risks can be mitigated by conditions placed on the landowner approval letter if approved, such as:

·   pre-start and post completion inspections with the facilities manager to approve the work methodology and ensure any damaged council assets are reinstated to Community Facilities standards

·   ensuring the proposed outfall structure is naturalised to mitigate any visual impacts. This will include implementing a rock-face finish design, rock riprap, planting around the outfall and within the riprap, as well as planting new native trees.


 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      approve the landowner approval application from the owner of 46 Glendale Road, Glen Eden, to construct stormwater infrastructure as shown in a pink line in Attachment B within Harold Moody Reserve, located at 44 Glendale Road, Glen Eden, and legally described as Lot 2 Deposited Plan 427278, Part Lot 1 Deposited Plan 18217.

 

Horopaki

Context

9.       The owner of 46 Glendale Road, Glen Eden (the applicant) obtained resource consent and building consent to develop their property in 2018. The development is for a two-lot subdivision, with one new dwelling being constructed at the back of their property.

10.     Landowner approval in principle was initially given in 2014 and 2016 by the Local & Sports Parks West team to construct a stormwater pipe and outlet in Harold Moody Reserve, prior to obtaining resource and building consents.

11.     The new dwelling, which has been constructed, needs to be connected to the stormwater network. The applicant is seeking landowner approval to install stormwater infrastructure within Harold Moody Reserve to service the development.

12.     The stormwater alignment that was accepted in the resource consent does not comply with Watercare Services Limited’s current requirements, as the stormwater pipe would not achieve the minimum safe distance from the existing critical watermain.

13.     The applicant is now seeking landowner approval for an alternative stormwater alignment (shown in bright green in figure one below) within Harold Moody Reserve, which does not cross over Watercare Services Limited’s critical asset.

Figure 1:  Annotated image showing proposed stormwater alignment - bright green line.

Tātaritanga me ngā tohutohu

Analysis and advice

Site details

14.     Harold Moody Reserve is located at 44 Glendale Road, Glen Eden, and is legally described as Lot 2 Deposited Plan 427278, Part Lot 1 Deposited Plan 18217. This reserve is held by Auckland Council and is subject to the Reserves Act 1977 as a classified recreation reserve.

15.     The reserve contains sport fields, netball and tennis courts, a sports club, community buildings, and a carparking area.

Proposal

16.     The proposal involves:

·   running a stormwater line in the reserve (as close to the boundary as possible)

·   two new stormwater manholes

·   one new stormwater outfall.

17.     Investigation work will be undertaken to check if there is sufficient clearing around the existing underground pipes to allow for directional drilling for the whole length of the proposed stormwater pipe.

18.     Where the proposed stormwater line crosses underneath the carparking area and sport courts, the pipe will be installed by directional drilling to minimise impacts to council’s hardstand areas.

19.     The location of the proposed outfall has been chosen as this area will require the least amount of vegetation clearance. The vegetation clearance is limited to low-lying shrubs only. The applicant will mitigate this impact by:

·   undertaking pest and weed control work

·   planting replacement native trees

·   maintaining the new native trees for a minimum of two years to ensure they are well-established.

20.     The proposed stormwater outfall will be constructed with a rock face finish and riprap to achieve a natural appearance, that is sympathetic to the surrounding environment.

21.     Native species (to be approved by council’s ecologist) will be planted into the rock riprap to further mitigate any stream erosion and to enhance the habitat for stream aquatic life.

22.     The stormwater construction is expected to take no longer than three weeks. This timeframe factors into account contingency for bad weather. Work is proposed to begin during the summer season in 2021 to reduce potential impact on the grassed areas and the stream bank.

23.     Public access throughout the reserve will be safely maintained during the construction of the stormwater pipes. While construction is underway, a safety fence with signage will be installed, and spotters will be present to further protect the public.  The spotters’ job will be to carefully watch over and guide moving machinery and vehicles through the reserve, ensuring they do not put any members of the public or other contractors in danger.

24.     The applicant will liaise with all groups and sports clubs present at Harold Moody Reserve to ensure no planned events or games are impacted.

Alternative options

25.     The applicant has undertaken an extensive analysis of the alternative options available. These options have been ruled out for various engineering reasons. A visual comparison of the options is shown in Attachment A.


 

Table 1: Alternative options analysis

Option

Description

Option suitability

Option one

Connect to the road’s stormwater system via the reserve.

While this option would be the most ideal situation, it is not possible due to the contours of the site. The gradient of the new pipe would not achieve the Stormwater Code of Practice, as it would be too shallow to achieve a gravity led system.

Option two

Connect to an existing stormwater cess pit near the sports park in Harold Moody Reserve.

This option is not possible, as the stormwater line and outfall are inaccurately recorded on GIS and do not exist.

Furthermore, this option would require the stormwater pipe to cross over the existing critical watermain, which is not permitted by Watercare Services Limited.

Option three

Construct a stormwater pipe straight across the reserve horizontally and construct a new stormwater outfall near the existing footbridge

The applicant received resource and building consent for this option, as well as landowner approval in principle from Parks and Sports West, in 2014 and 2016. However, this option also involves crossing over the existing critical watermain, and Watercare Services Limited will not provide approval for this to occur. For this reason, the applicant is now seeking landowner approval for an alternative alignment within the reserve.

Option four

Construct a curved stormwater pipe across the reserve and alongside the rear of the Glen Eden Community Centre building, with one new manhole and one new stormwater outfall.

This option is viable from an engineering perspective and is the preferred option by the applicant.

However, this option is not supported by council staff as the pipe would be close to the building’s foundations, and it does not allow for any future development of the reserve.

 

26.     The last remaining option is to pump stormwater from the site up to Glendale Road.

27.     This approach is not supported by council’s development engineers and the Healthy Waters Department, as it does not comply with the Stormwater Code of Practice. The code of practice states that all stormwater modifications or extensions should be designed as gravity systems.

28.     Pumping stormwater to the road is considered to be impractical as:

·   there is a lack of resilience in comparison to a gravity system (i.e. they are prone to breaking down)

·   there is a large waste of energy in comparison to a gravity led system

·   there is a large increase in operational costs in comparison to a gravity system

·   pumps required for stormwater are very large (relative to wastewater pumps), and require large holding tanks to store the water from heavy rain events

·   a pumped system can only be designed for a 10-year level of service

·   there will still be discharges into the reserve as the developer will need to provide an overland flow path for large rain events

·   the stormwater from pumping to Glendale Road will contribute to the same network. The pumped stormwater would enter a catchpit opposite 43 Glendale Road, then flow through a pipe where it eventually discharges into the Waikūmete Stream.

Current proposal

29.     The current proposal (indicated in the pink line on Attachment A and B), is to run a stormwater line as close to the boundary as possible, leading to a new outfall within the reserve.

30.     This option is viable from an engineering perspective and is the preferred option by council staff. This option is recommended by Community Facilities for the following reasons:

·   this alignment will enable any future development of this park, as it is closer to the boundary (in comparison to option four which cuts through the reserve)

·   any future maintenance of this pipe is less likely to disrupt the existing building’s foundations (as it is not located in the vicinity of the building like option four)

·   there will be less disruption to the park should other properties request permission to connect to the pipe in the future

·   the surrounding properties are zoned in the Auckland Council Unitary Plan (Operative in Part) as Terrace Housing and Apartment Building Zone, meaning there is a high chance of more subdivision and development happening adjacent to the reserve.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31.     All of council’s stormwater modelling and infrastructure analysis includes allowances for predicted climate change parameters.

32.     The specific design of the proposed stormwater network to service this development will be in accordance with council’s Stormwater Code of Practice, which takes into account the likely impacts of climate change on stormwater infrastructure. This includes increased rainfall design depths to account for more intensive storm events and ensuring the design of the outfall is resilient to additional stream flows.

33.     The alternative option of pumping stormwater to the road (which is not supported by council staff) would result in increased energy consumption.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

34.     The table below summarises the specialist’s feedback and specific conditions recommended in the landowner approval letter (if approved).

Table 2: Feedback from council specialists

Specialists

Feedback + specific conditions (in addition to standard landowner approval conditions)

Parks and Places Specialist

·    Supportive of the current proposed stormwater alignment.

·    Staff referred to the Harold Moody and Duck Park Reserve Management Plan and the only relevant management objective in the plan is: “to protect the natural features and landscape qualities of the stream running through the reserve”.

·    The proposed outfall will be naturalised and planted with native species to complement the natural features and landscape qualities of the stream environment.

Senior Sports Maintenance Delivery Coordinator

·    Supportive of the proposal with preference for the stormwater pipes to be installed via directional drilling or thrusting.

·    A pre-start meeting and post completion meeting will be required to ensure any damage to council and is reinstated.

 

Community Lease Specialist

·    No issues or concerns were raised.

·    Requested a condition is included in the landowner approval letter requiring the applicant to contact the following clubs and users of the reserve prior to start of works, to ensure that no events, games or bookings will be impacted by the works:

-     Glen Eden Community and Recreation Centre

-     Glenora Eagles Softball Club

-     Glenora Rugby League.

Senior Urban Forest Specialist

·    Reviewed the applicant’s arboricultural report and is supportive of the proposed tree works methodology and mitigation.

·    A complete set of specific arboricultural conditions was provided to be included in the landowner approval letter.

Healthy Waters Specialist

·    Confirmed that the stormwater proposal meets the Stormwater Code of Practice

·    Confirmed that the stormwater infrastructure will be accepted as public infrastructure.

Ecological Advice Manager

·    The Ecological Advice Manager reviewed the proposal form a terrestrial and riparian ecology perspective.

·    No concerns were raised, as long as the recommendations in the arborist report is followed. These are in line with the conditions provided by the Senior Urban Forest Specialist.

Senior Regional Advisor (Freshwater)

·    The Senior Regional Advisor (Freshwater) provided the following recommendations to mitigate the potential impacts of the outfall:

-     the outfall shall be designed with an oblique angle that is compatible with the contours of the stream bank

-     installing rock riprap to be used as erosion protection

-     vegetating the rock riprap to further dissipate energy from stormwater flows.

·    These will be included as conditions in the landowner approval letter if approved.

Healthy Waters Department views

35.     The Growth and Development Manager from Healthy Waters was asked to review the proposal and provide feedback. The Growth and Development Manager is supportive of the route and has confirmed that the proposed design and alignment of the stormwater infrastructure would meet the expectations of council’s design standards.

36.     The proposed stormwater alignment allows for future connections to this new pipe from the properties at 48 and 50 Glendale Road, Glen Eden, as per the Stormwater Code of Practice.

37.     The construction methodology to thrust the proposed stormwater line is considered best practice for this proposal and will minimise the disruption and impact to the park amenities such as the hardstand areas.

38.     While the environmental effects of the development have been considered as part of the granting of the resource consent under the Auckland Unitary Plan (Operative in Part), the Growth and Development Manager also considers that the proposal will have minimum impact on the Waikūmete Stream, assuming that the final location and design of the outfall complies with the risk mitigation recommendations of the landowner approval (if approved) as well as the specific requirements of the Engineering Plan Approval.

Watercare Services Limited views

39.     Watercare Services Limited will accept the current proposal, as the proposed pipe alignment does not intersect with the critical watermain line (indicated in blue dotted line in Attachment A).

40.     The previous alignments considered have been rejected by Watercare Services Limited due to their close proximity to this critical asset.

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

Local impacts and local board views

41.     The stormwater proposal at Harold Moody Reserve aligns with the Waitākere Local Board Plan 2020, specifically “Outcome 7: We have infrastructure and facilities that support and enhance our neighbourhoods and town centres”, as this proposal will allow population growth to occur in Glen Eden by enabling housing development.

42.     If the recommendation is approved, the applicant will contact the following clubs and users of the reserve prior to starting work to ensure that no events, games or bookings will be impacted by the stormwater works:

·   Glen Eden Community and Recreation Centre

·   Glenora Eagles Softball Club

·   Glenora Rugby League.

43.     The surrounding neighbourhood is zoned as ‘Terraced Housing and Apartment Building Zone’ under the Auckland Unitary Plan (Operative in Part). This proposed stormwater alignment can service the immediate neighbours of the applicant and Harold Moody Reserve, should any development or connections be made in the future. All future connections to the reserve will still be required to go through the same process for obtaining landowner approval, and the Waitākere Ranges Local Board will be consulted.

Tauākī whakaaweawe Māori

Māori impact statement

44.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi which are articulated in council’s key strategic planning documents: the Auckland Plan, the Long-term Plan 2015-2025, and the Auckland Unitary Plan (Operative in Part).

45.     There are no sites of value or significance to mana whenua identified in the Auckland Unitary Plan (Operative in Part) in relation to this application.

46.     Staff do not consider consultation with iwi is required as the proposal will not adversely affect iwi more than any other person or group.  

Ngā ritenga ā-pūtea

Financial implications

47.     The stormwater proposal will not result in any financial costs to the Waitākere Ranges Local Board.

48.     The applicant will be responsible for the full costs of constructing the stormwater infrastructure, any remediation work to reinstate damage to the park, and the maintenance of the proposed mitigation planting for a period of two years.

49.     Healthy Waters will be responsible for the ongoing maintenance of the proposed public stormwater pipe and outfall if approved. The costs for ongoing maintenance will be covered by the Healthy Waters Department’s operational budget.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

50.     The risks and mitigation associated with approving the stormwater infrastructure is outlined in table three below.

Table 3: Risks and mitigation relating to this proposal.

Risk

Mitigation

Construction damage to the reserve may temporarily result in parts of the reserve inaccessible to by public.

-     The stormwater pipe will be installed via directional drilling underneath all hardstand surfaces, such as the carparking area and the netball/tennis court.

-     A pre-start and post-completion meeting with the facility manager will be undertaken to discuss the construction methodology, and, to check any damaged land is reinstated to Community Facilities’ standard.

Stormwater outlet visible near the stream

-     Native trees will be planted in place of the current low-lying shrubs that will be removed, providing more shade over the stream.

-     The stormwater outfall will be finished with a rock-face veneer to naturalise the outfall.

-     Planting in and around the outfall will also be help to soften the visual impacts. 

-     Rock riprap will be installed to the satisfaction of council’s ecologist. This riprap will also be planted to mitigate potential erosion and dissipate energy.

51.     If this application is approved, the specialists have provided conditions to be included in the landowner approval letter to mitigate any potential adverse impacts of the proposal. These include (but are not limited to) pre-start and post-completion meetings, health and safety conditions, arboricultural conditions, and specific conditions regarding the design and construction of the naturalised stormwater outfall.

52.     There are also risks associated with declining this application, especially if the applicant’s last resort is to discharge stormwater via pumping to the roadside.

53.     The risks associated with declining this application are:

·   if the applicant discharges stormwater via pumping to the roadside, there is a risk that increased overland flow of surface water may cause erosion, scouring and bogginess in the park. This may result in Healthy Waters, as well as Community Facilities, having to undertake further remedial work within the park. There is no mitigation available as the discharge would be uncontrolled through the reserve.

·   should pumping to the roadside not be chosen for the reasons stated in this report, the applicant may apply for engineering approval under sections 480 and 181 of the Local Government Act. This process would involve having the application reviewed by the Regulatory Committee at a hearing.

Ngā koringa ā-muri

Next steps

54.     If the Waitākere Ranges Local Board approve the recommendation, a landowner approval letter containing conditions will be issued to the applicant at 46 Glendale Road, for stormwater infrastructure at Harold Moody Reserve.

55.     If the recommendation is declined by the Waitākere Ranges Local Board, then the applicant will be advised accordingly, and landowner approval will not be granted.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Annotated aerial image showing the alternative options considered

45

b

Annotated aerial image showing the approximate alignment of the proposed stormwater infrastructure at Harold Moody Reserve, Glen Eden

47

     

Ngā kaihaina

Signatories

Authors

Haya Hamilton - Land Use Advisor

Authorisers

Kim O’Neill - Head of Stakeholder and Land Advisory

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

Attachment A

Annotated aerial image showing the alternative options considered

 


Waitākere Ranges Local Board

22 April 2021

 

 

Attachment B

Annotated aerial image showing the approximate alignment of the proposed stormwater infrastructure at Harold Moody Reserve, Glen Eden

 


Waitākere Ranges Local Board

22 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03158

 

  

 

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 Waitākere Ranges 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, Waitākere Ranges Heritage Area Act, Electricity (Safety) Regulations, Auckland Council Public Safety and Nuisance Bylaw and Signage Bylaw.

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

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

55

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Proposal to vary the Regional Fuel Tax (RFT) scheme

File No.: CP2021/04032

 

  

 

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 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, 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, as provided in Attachment A, retains the 14 projects identified in the original programme but updates the specific initiatives within these projects along with cost and timing projections.

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

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      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 as outlined in 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

·   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 (sections 65J and 65K) of the LTMA.

Tātaritanga me ngā tohutohu

Analysis and advice

Proposed variation to the scheme

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

35.     The proposed variation to 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

1.       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.

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

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

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

3.       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

48.     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

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

50.     The Planning Committee will receive public feedback and Local Board views on the proposal in May 2021.

51.     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

137

b

Proposal for a Regional Fuel Tax (2018)

150

     

Ngā kaihaina

Signatories

Authors

Justine Yu - Senior Advisor - Fin Policy

Michael Burns - Manager Financial Strategy

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Louise Mason - GM Local Board Services

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03409

 

  

 

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 Waitākere Ranges 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 8 people from the local board area provided feedback to the proposal via online and email feedback. There was majority support for all proposals and split support for proposal one, similar to all public feedback.

Percentage support of proposal in the local board area

Proposal

Total support from local board area

Total support from people across Auckland

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

38 per cent (3/8 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

50 per cent (4/8 submitters)

70 per cent

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

75 per cent (6/8 submitters)

85 per cent

4a:     Make new rules for the Tamaki River Entrance

50 per cent (4/8 submitters)

69 per cent

4b:     Make new rules for the Commercial Port Area

100 per cent (8/8 submitters)

75 per cent

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

71 per cent (5/7 submitters)

71 per cent

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

75 per cent (6/8 submitters)

77 per cent

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

83 per cent (5/6 submitters)

76 per cent

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

75 per cent (6/8 submitters)

82 per cent

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

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

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

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

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

Staff recommend the local board provide its views on public feedback

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

Please insert author: Bayllee Vyle – Policy Analyst

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of public feedback

150

b

Public feedback from people in the Waitākere Ranges Local Board area

150

c

Operational and non-bylaw-related feedback

150

d

Draft Bylaw Panel deliberations report

150

     

Ngā kaihaina

Signatories

Authors

Fereti Lualua - Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/03994

 

  

 

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 boards 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 Waitākere Ranges 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.       The draft code was emailed to the Waitākere Ranges Local Board and feedback was requested, to 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 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 elected members acting in their capacity as elected 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

150

b

Craft Code of Conduct - attachments for local boards

150

     

Ngā kaihaina

Signatories

Authors

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - General Manager Local Board Services

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02954

 

  

 

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

150

b

Attachment B - Previous Local Board Views

150

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements

150

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Waitākere Ranges Local Board Grants Programme 2021/2022

File No.: CP2021/03434

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To adopt the Waitākere Ranges Local Board Grants Programme 2021/2022.

Whakarāpopototanga matua

Executive summary

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

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

4.       This report presents the Waitākere Ranges Local Board Grants Programme 2021/2022 for adoption (Attachment A).

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      adopt the Waitākere Ranges Local Board Grants Programme 2021/2022.

 

Horopaki

Context

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

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

7.       The local board community grants programme includes:

·   outcomes as identified in the local board plan

·   specific local board grant priorities

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

·   any additional criteria or exclusions that will apply

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

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


 

Tātaritanga me ngā tohutohu

Analysis and advice

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waitākere Ranges Local Board Grants Programme 2021/2022

150

     

Ngā kaihaina

Signatories

Authors

Rikka Barbosa - Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Waitākere Ranges Local and Multi-Board Round Two 2020/2021 Grant Allocations

File No.: CP2021/04150

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To fund, part-fund or decline applications received for Waitākere Ranges Local and Multi-Board Grants Round Two 2020/2021.

Whakarāpopototanga matua

Executive summary

2.       This report presents applications received in the Waitākere Ranges Local and Multi-Board Round Two Grants 2020/2021 (refer to Attachment B and C).

3.       The Waitākere Ranges Local Board adopted the Waitākere Ranges Local Grants Programme 2020/2021 on 28 May 2020 (refer to Attachment A). The document sets application guidelines for contestable community grants submitted to the Board.

4.       The Waitākere Ranges Local Board has set a total community grants budget of $75,000 for the 2020/2021 financial year. The local board allocated a total of $40,325.80, in Local, Multi-board, and Quick Response Round One. This leaves an amount of $34,674.20 to allocate to Local and Multi-Board Round Two and Quick Response Round Two.

5.       Twenty seven applications were received for Waitākere Ranges Local and Multi-Board Grants Round Two 2020/2021, requesting $136,568.44.

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      Agree to fund, part-fund or decline each application in the Waitākere Ranges Local Board, Local Grants, Round Two 2020/2021, listed in the following table:

Application ID

Organisation

Main focus

Requesting funding for

Amount requested

Eligibility

LG2119-201

Laingholm Baptist Church

Community

Towards the delivery of small group dinners including youth leader wages and groceries

$5,000.00

Eligible

LG2119-203

Bishop Stream Neighbourhood Garden

Community

Towards materials for a gravel pavement

$1,000.00

Eligible

LG2119-204

The Huia Cornwallis Ratepayers and Resident Association Incorporated

Arts and culture

Towards the promotion of the workshop, running of the workshop, mural frame and boards, the materials for the mural and half of the artists time to paint the mural

$8,900.00

Eligible

LG2119-205

Playhouse Theatre Incorporated

Arts and culture

Towards Playhouse Theatre Incorporated for venue hire of the theatre

$3,500.00

Eligible

LG2119-206

George Walkers Megastore Limited

Environment

Towards the cost of an edge banding saw

$5,763.88

Eligible

LG2119-207

Glen Eden Community House Community

Community

Towards the organisation and delivery of Christmas bags filled with treats for local elderly in the Westview Village and Harmony Village, including a Christmas morning tea for the residents to attend

$2,000.00

Eligible

LG2119-208

Titirangi Community Arts Council Incorporated

Arts and culture

Towards 100 sketchbooks for opening night and project rollout, exhibition lights, gallery maintenance, and a laptop

$6,187.56

Eligible

LG2119-209

Piha Surf Life Saving Club

Community

Towards improvements and maintenance of the clubhouse

$6,620.00

Eligible

LG2119-211

Road Safety Education Limited

Community

Towards venue hire, catering, and facilitator costs required to deliver the road safety programme

$2,039.00

Eligible

LG2119-212

Titirangi Badminton Club

Sport and recreation

Towards the development of the shop and coaching area and a roof upgrade

$10,000.00

Eligible

LG2119-213

Raukatauri Music Therapy Trust

Community

Towards the cost of the music therapy room

$3,262.78

Eligible

LG2119-214

Matuku Reserve Trust

Environment

Towards materials to build a canopy, a second hand tractor with front loader and mower, and other materials (including drainage coils, sand, gravel and concrete) for accessible entry to the barn and toilet

$11,813.00

 Eligible

LG2119-215

Royal New Zealand Plunket Trust

Community

Towards the supply and installation of two heat pumps

$3,650.00

Eligible

LG2119-216

Royal Forest & Bird Protection Society of NZ Inc - Waitākere

Environment

Towards fortnightly trapping (checking, refill lure, clean, reset, weight test of the traps) and quarterly refill of the GoodNature traps

$10,490.00

Eligible

LG2119-217

Youthline Auckland Charitable Trust

Community

Towards managing, training, supporting, and supervising Helpline volunteers and provide the means for young people to contact someone when they need help and guidance

$5,000.00

Eligible

Total

 

 

 

$85,226.22

 

 

b)      agree to fund, part fund or decline each application in the Waitākere Ranges Local Board, Multi-Board Grants, Round Two 2020/2021, listed in the following table:

Application ID

Organisation

Main focus

Requesting funding for

Amount requested

Eligibility

MB2021-214

Auckland Softball Association Incorporated

Sport and recreation

Towards operating expenses for the Auckland Softball Association

$3,000.00

Eligible

MB2021-215

Econet Charitable Trust Board

Environment

Towards the employment contract fees for the manager

$5,000.00

Eligible

MB2021-218

Leyte-Samar NZ Solidarity Foundation Incorporated

Events

Towards the delivery of 2021 Quincentennial Celebration on 16 October 2021, including event management, performance, choreographer fee, photography, food, decoration, costumes and theatre property

$2,000.00

Eligible

MB2021-226

Zeal Education Charitable Trust

Community

Towards the "West Auckland Street Youth Work and Community Activation," including project management fees, activity costs, van hire and resources from 1 July 2021 to 30 June 2022

$3,832.00

Eligible

MB2021-232

Brain Play Limited

Community

Towards operational costs to deliver the "Brain Play Science and Technology" classes

$3,511.00

Eligible

MB2021-236

Children's Autism Foundation

Community

Towards overall costs to deliver community workshops and outreach visits between October 2021 to May 2022

$1,566.22

Eligible

MB2021-240

Empowerment Trust (previously Kidpower Teenpower Fullpower Trust)

Community

Towards the facilitation and delivery costs to deliver the "Kidpower programme" including the resources kit to schools in the local board area

$12,000.00

Eligible

MB2021-253

KidsCan Charitable Trust

Community

Towards programme items food, raincoats, shoes and socks for children attending KidsCan low decile partner schools within the Auckland region

$4,000.00

Eligible

MB2021-257

Interacting Theatre

Community

Towards the delivery of an online InterACT festival 2021, including costs for in-school tutors, a facilitator and event equipment

$6,760.00

Eligible

MB2021-258

The Operating Theatre Trust - Tim Bray Theatre Company

Arts and culture

Towards venue hire, lighting, and free show tickets for children from low decile schools in the local board area to attend the theatre production "The Twits' by Roald Dahl"

$7,173.00

Eligible

MB2021-260

PHAB Association (Auckland) Incorporated

Community

Towards operational costs, including youth worker wages, activity costs, administration and coordination fees from July 2021 to June 2022

$1,000.00

Eligible

MB2021-267

OUTLine New Zealand Incorporated

Community

Towards a portion of general operating expenses including telephone and internet costs, printing, insurance, clinical supervision wages, training fees and volunteer costs

 $1,500.00

Eligible

Total

 

 

 

$51,342.22

 

 

Horopaki

Context

6.       The local board allocates grants to groups and organisations delivering projects, activities and services that benefit Aucklanders and contribute to the vision of being a world-class city.

7.       The local board grants programme sets out:

·   local board priorities

·   lower priorities for funding

·   exclusions

·   grant types, the number of grant rounds, and when these will open and close

·   any additional accountability requirements.

8.       The Waitākere Ranges Local Board adopted the Waitākere Local Grants Programme 2020/2021 on 28 May 2020 (refer to Attachment A). The document sets application guidelines for contestable community grants submitted to the local board.

9.       The community grant programmes have been extensively advertised through the council grants webpage, local board webpages, local board e-newsletters, Facebook pages, council publications, and community networks.

10.     The Waitākere Ranges Local Board has set a total community grants budget of $75,000 for the 2020/2021 financial year.

Tātaritanga me ngā tohutohu

Analysis and advice

11.     The aim of the local board grant programme is to deliver projects and activities which align with the outcomes identified in the local board plan. All applications have been assessed utilising the Community Grants Policy and the local board grant programme criteria. The eligibility of each application is identified in the report recommendations.

Tauākī whakaaweawe āhuarangi

Climate impact statement

12.     The Local Board Grants Programme aims to respond to Auckland Council’s commitment to address climate change by providing grants to individuals and groups for projects that support and enable community climate action.

13.     Community climate action involves reducing or responding to climate change by local residents in a locally relevant way. Local board grants can contribute to expanding climate action by supporting projects that reduce carbon emissions and increase community resilience to climate impacts.

14.     Examples of projects include local food production and food waste reduction; increasing access to single-occupancy transport options; home energy efficiency and community renewable energy generation; local tree planting and streamside revegetation; and educating about sustainable lifestyle choices that reduce carbon footprints.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

17.     Local boards are responsible for the decision-making and allocation of local board community grants. The Waitākere Ranges Local Board is required to fund, part-fund or decline these grant applications against the local board priorities identified in the local board grant programme.

18.     The Board is requested to note that section 50 of the Community Grants Policy states:
“We will also provide feedback to unsuccessful grant applicants about why they have been declined, so they will know what they can do to increase their chances of success next time”.

19.     A summary of each application received through 2020/2021 Waitākere Ranges Local and Multi-Board Grants Round Two is provided (refer to Attachment B and C).

Tauākī whakaaweawe Māori

Māori impact statement

20.     The local board grants programme aims to respond to the council’s commitment to improving Māori wellbeing by providing grants to individuals and groups who deliver positive outcomes for Māori. Auckland Council’s Māori Responsiveness Unit has provided input and support towards the development of the community grant processes.

21.     Five organisations applying to the Waitākere Ranges Local Board, Local and Multi-Board Grants, Round Two have indicated that their project targets Māori or delivers positive outcomes for Māori.

Ngā ritenga ā-pūtea

Financial implications

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

23.     Relevant staff from Auckland Council’s Finance Department have been fully involved in the development of all local board work programmes, including financial information in this report, and have not identified any financial implications.

24.     The Waitākere Ranges Local Board has set a total community grants budget of $75,000 for the 2020/2021 financial year. The local board allocated a total of $40,325.80 in Local, Multi-board, and Quick Response Round One. This leaves an amount of $34,674.20 to allocate to Local and Multi-Board Round Two and Quick Response Round Two.

25.     Twenty seven applications have been received for Waitākere Ranges Local and Multi-Board Grants Round Two 2020/2021, requesting $136,568.44.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26.     The allocation of grants occurs within the guidelines and criteria of the Community Grants Policy and the local board grants programme. The assessment process has identified a low risk associated with funding the applications in this round.

Ngā koringa ā-muri

Next steps

27.     Following the Waitākere Ranges Local Board allocating funding for Round Two Local and Multi-Board grants, grants staff will notify the applicants of the Board’s decision.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waitākere Ranges Local Board Grant Progamme 2020/2021

150

b

Waitākere Ranges Local Grants Round Two applications summary

150

c

Waitākere Ranges Multi-Board Round Two applications summary

150

     


 

Ngā kaihaina

Signatories

Authors

Rikka Barbosa - Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Chair's Report - April 2021

 

File No.: CP2021/03262

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To provide an update on projects, meetings, and other initiatives relevant to the local board’s interests.

Whakarāpopototanga matua

Executive summary

2.       Local board members are responsible for leading policy development in their areas of interest, proposing and developing project concepts, overseeing agreed projects within budgets, being active advocates, accessing and providing information and advice.

 

Ngā tūtohunga / Recommendation

That the Waitākere Ranges Local Board:

a)      receive Chair Greg Presland’s tabled report for April 2021.

 

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

Local Board Member Report - Member Clayton

 

File No.: CP2021/04136

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To provide an update on projects, meetings, and other initiatives relevant to the local board’s interests.

Whakarāpopototanga matua

Executive summary

2.       Local board members are responsible for leading policy development in their areas of interest, proposing and developing project concepts, overseeing agreed projects within budgets, being active advocates, accessing and providing information and advice.

 

Ngā tūtohunga / Recommendation

That the Waitākere Ranges Local Board:

a)      receive Member Clayton’s attached report for April 2021.

 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Board Member Report - Member Clayton

150

     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Local Board Member Report - Member Coney

 

File No.: CP2021/04138

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To provide an update on projects, meetings, and other initiatives relevant to the local board’s interests.

Whakarāpopototanga matua

Executive summary

2.       Local board members are responsible for leading policy development in their areas of interest, proposing and developing project concepts, overseeing agreed projects within budgets, being active advocates, accessing and providing information and advice.

 

Ngā tūtohunga / Recommendation

That the Waitākere Ranges Local Board:

a)      receive Member Coney’s attached report for April 2021.

 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Board Member Report - Member Coney

150

     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Workshop Records

 

File No.: CP2021/03261

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To present records of workshops held by the Waitākere Ranges Local Board.

Whakarāpopototanga matua / Executive summary

2.       Following a Notice of Motion presented by Member K Turner at the 23 July 2020 Waitākere Ranges Local Board Business Meeting, the Board resolved to adopt as a principle that Waitākere Ranges Local Board workshops be open to public observation (Resolution number WTK/2020/72).

3.       At the following Business Meeting on 27 August 2020 the Board endorsed ‘The Workshop Guidelines: Waitākere Ranges Local Board’ (Resolution number WTK/2020/95) to be applied to workshops following that meeting, i.e. from 3 September 2020.

4.       Pursuant to Resolution number WTK/2020/72, the operation of open workshops is to be reviewed at the Board’s last workshop for the year in December 2020.  At the 10 December 2020 workshop it was considered there had not been enough workshops to build up a decent body of data for review.  A further review was scheduled for September 2021.

5.       A workshop record providing a brief summary of the general nature of the discussion is reported to the next business meeting, along with, where considered appropriate under the Local Government Official Information and Meetings Act 1987, related supporting material.

 

Ngā tūtohunga / Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the attached workshop records and supporting materials for 11, 18 and 25 March and 1 April 2021.

 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Waitākere Ranges Local Board Workshop Record - 11 March 2021

150

b

Waitākere Ranges Local Board Workshop Record - 18 March 2021

150

c

Waitākere Ranges Local Board Workshop Record - 25 March 2021

150

d

Waitākere Ranges Local Board Workshop Record - 1 April 2021

150

     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

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Waitākere Ranges Local Board

22 April 2021

 

 

Governance Forward Work Programme

File No.: CP2021/03260

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the Waitākere Ranges Local Board with its updated governance forward work programme calendar (the calendar).

Whakarāpopototanga matua

Executive summary

2.       The calendar for the Waitākere Ranges Local Board is in Attachment A. The calendar is updated monthly and reported to business meetings.

3.       The calendar is part of Auckland Council’s quality advice programme and aims 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 Waitākere Ranges Local Board:

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Calendar

150

     

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 April 2021

 

 

PDF Creator 


Waitākere Ranges Local Board

22 April 2021

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.2      Attachment a    Presentation - Matuku Link                            Page 150

Item 8.3      Attachment a    Presentation - Big Street Bikers                    Page 150


Waitākere Ranges Local Board

22 April 2021

 

 

 

 

Placeholder for Attachment a

Deputation - Matuku Link

Presentation - Matuku Link



Waitākere Ranges Local Board

22 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, Waitākere 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 Waitākere 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.