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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 20 April 2021

1.00pm

Waitematā Local Board Office
Ground Floor
52 Swanson Street
Auckland

 

Waitematā Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chair

Richard Northey, (ONZM)

 

Deputy Chair

Kerrin Leoni

 

Members

Adriana Avendano Christie

 

 

Alexandra Bonham

 

 

Graeme Gunthorp

 

 

Julie Sandilands

 

 

Sarah Trotman, (ONZM)

 

 

(Quorum 4 members)

 

 

 

Priscila Firmo

Democracy Advisor

 

19 April 2021

 

Contact Telephone: (09) 353 9654

Email: Priscila.firmo@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Waitematā Local Board

20 April 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

8.1     Deputation - John Fay to speak about the Olympic Pool and Fitness Centre    5

9          Public Forum                                                                                                                  6

9.1     Public Forum - Trevor Rand to speak about Auckland Bowling Club carpark   6

9.2     Public Forum - Kate O'Neill to speak about a Community Led Event at Home Reserve                                                                                                                  6

9.3     Public Forum - Keith McConnell to speak about transparency                      6

10        Extraordinary Business                                                                                                7

11        Ward Councillor's report                                                                                               9

12        Waitematā Local Board Grants Programme 2021/2022                                          29

13        Auckland Transport – Regional Land Transport Programme 2021                       37

14        Auckland Council's Performance Report: Waitematā Local Board for November 2020 to February 2021                                                                                               141

15        Review of Waitematā Local Board appointments and delegations for the remainder of 2019-2022 electoral term                                                                                      203

16        Draft Statement of Expectations for Council-controlled Organisations             211

17        Statement of proposal to amend the Animal Management Bylaw and controls 227

18        Proposal to vary the Regional Fuel Tax scheme                                                   329

19        Proposal to make a new Public Trading and Events Bylaw                                 383

20        Waitematā Local Board submission on the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill                               465

21        Public feedback on proposal to make new navigation rules                                467

22        Review of the Code of Conduct - draft revised code                                             557

23        Urgent decision - Approve Waitematā Local Board feedback on the draft National Parking Management Guidance                                                                               661

24        Chairperson's report                                                                                                 669

25        Board member reports                                                                                              689

26        Governance Forward Work Calendar                                                                      697

27        Waitematā Local Board workshop records                                                            701

28        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.

 

4          Confirmation of Minutes

 

That the Waitematā Local Board:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 16 March 2021, as a true and correct record.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Waitematā 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 - John Fay to speak about the Olympic Pool and Fitness Centre

Te take mō te pūrongo

Purpose of the report

1.       To speak to the Waitematā Local Board about the Olympic Pool and Fitness Centre in Newmarket.

Whakarāpopototanga matua

Executive summary

2.       John Fay will be in attendance to speak to the board about the Olympic Poll and Fitness Centre in Newmarket.

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      receive the presentation and thank John Fay for his attendance.

 

 

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.

 

9.1       Public Forum - Trevor Rand to speak about Auckland Bowling Club carpark

Te take mō te pūrongo

Purpose of the report

1.       To speak to the local board about the Auckland Bowling Club carpark.

Whakarāpopototanga matua

Executive summary

2.       Trevor Rand will be in attendance to speak about the Auckland Bowling Club carpark.

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      thank Trevor Rand for his presentation and attendance at the meeting.

 

 

9.2       Public Forum - Kate O'Neill to speak about a Community Led Event at Home Reserve

Te take mō te pūrongo

Purpose of the report

1.       To speak to the local board about a community led event held at Home Reserve.

Whakarāpopototanga matua

Executive summary

2.       Kate O’Neill will be in attendance to speak about a community led event held at Home Reserve.

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      thank Kate O’Neill for her presentation and attendance at the meeting.

 

 

9.3       Public Forum - Keith McConnell to speak about transparency

Te take mō te pūrongo

Purpose of the report

1.       To speak to the local board about transparency.

Whakarāpopototanga matua

Executive summary

2.       Keith McConnell will be in attendance to speak about transparency.

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      thank Keith McConnell for his presentation and attendance at the meeting.

 

 

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.”


Waitematā Local Board

20 April 2021

 

 

Ward Councillor's report

File No.: CP2021/03441

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the opportunity for Waitematā and Gulf Ward Councillor Pippa Coom, Ōrākei Ward Councillor Desley Simpson and Albert-Eden Roskill Ward Councillors Christine Fletcher and Cathy Casey to update the local board on regional issues that they have been involved with since the previous local board meeting.

Whakarāpopototanga matua

Executive summary

2.       Waitematā Local Board’s Standing Orders clauses 5.1.1 and 5.1.2 provide provision in the local board meeting for Governing Body members to update their local board counterparts on regional matters of interest to the local board, or on any matter the Governing Body member wishes to raise with the local board.

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      receive the written report update from the Waitematā and Gulf Ward Councillor, Pippa Coom.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

20 April 2021 Waitematā Local Board Ward Councillor P Coom report

11

      

Ngā kaihaina

Signatories

Author

Priscila Firmo - Democracy Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Waitematā Local Board Grants Programme 2021/2022

File No.: CP2021/03390

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

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

 

 

Horopaki

Context

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

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

7.       The local board community grants programme includes:

· outcomes as identified in the local board plan

· specific local board grant priorities

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

· any additional criteria or exclusions that will apply

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

8.       Once the local board grants programme 2021/2022 has been adopted, the types of grants, grant rounds, criteria and eligibility will 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 Waitematā 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

Waitematā  Grants Programme 2021-2022

33

     

Ngā kaihaina

Signatories

Author

Ruchita Patel - Grants Advisor

Authorisers

Marion Davies - Grants and Incentives Manager

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Auckland Transport – Regional Land Transport Programme 2021

File No.: CP2021/03871

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2.       This report covers:

·    A summary of what the RLTP (Attachment B) is and the process of its development.

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

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

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

 

Horopaki

Context

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

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

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

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

· Auckland Transport Alignment Project (ATAP)

· The Auckland Plan 2050

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

· National Land Transport Programme (NLTP)

· Government Policy Statement on Land Transport (GPS)

7.       It is worth noting that AT is not 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 95per 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 the Planning Committee unanimously endorsed the draft RLTP.  ATAP itself was released on Friday 12 March. The RTC formally approved the draft RLTP for public consultation at its meeting on 23 March 2021.

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

Date

Action

23 March

RTC considers draft RLTP for public consultation

29 March-2 May

Proposed dates for public consultation

May

Evaluation of public consultation

27 May

RTC review final draft RLTP

3 June

Governing Body review RLTP for endorsement

June

AT Board reviews RLTP for final approval

01 July

RLTP operational

 

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

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

Date

LB Engagement

15 Feb

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

29 March – 2 May

Workshops with all local boards to discuss the RLTP.

4 – 18 May

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

3 June

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

2.                 

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 5per cent.

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

#

AT Projects

Duration

10 Year Capital Expenditure ($M)

19

Northwest Bus Improvements

2021/22 - 2022/23

85.0

56

Downtown Crossover Bus Facilities

2026/27 - 2030/31

220.0

57

Wynyard Quarter Integrated Road Programme

2022/23 - 2024/25

46.1

61

Midtown Bus Improvements

2021/22 - 2030/31

131.7

62

Albert and Vincent Street Bus Priority Improvements

2027/28 - 2030/31

8.1

63

CRL Roadside Projects

2022/23 - 2023/24

7.3

66

Carrington Road Improvements

2026/27 - 2030/31

54.6

72

Downtown Ferry Basin Redevelopment

2021/2022

2.0

 

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

#

Project from a Programme

Underlying Programme

23

Point Chevalier to Westmere, Waitematā Safe Routes and Great North Road

Urban Cycleways (AT)

29

Symonds Street, New North Road, Sandringham Road, Mt Eden Road, Ponsonby Road and Great North Road corridors

Connected Communities (AT)

58

Fanshawe Street

Safety (AT)

59

Hobson Street / Nelson Street

Safety (AT)

60

The Strand Special Vehicle Lane

Network Performance / Optimisation

 

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

 

Non-AT Projects

Responsible Agency

10 Year Capital Expenditure ($M)

24

Northern Pathway (Westhaven to Akoranga)

Waka Kotahi

360.0

41

Wiri to Quay Park

KiwiRail

209.0

63

City Rail Link

CRLL

2,600.0

 

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

            Map

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Map

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Graphical user interface

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

Objectives

RLTP outcomes

Improve safety for all road users particularly around schools.

The RLTP includes:

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

·      $100 million for minor improvements across the network.

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

·      Operational funding for the ongoing delivery of the Bike Safe programme which teaches primary, intermediate and secondary school children how to ride their bike safely.

·      It also includes Continued investment in the AT Community Bike Fund which supports communities and groups delivering activities, events and projects that encourage more people to ride bikes more often.

·      Operational funding to continue delivery of the Travelwise Programme, an innovative schools-based programme that aims to improve road safety and reduce the number of vehicles driving to and from school at peak times to help reduce congestion.

Connect our transport network to allow for multiple transport modes.

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

The proposed transport programme in this RLTP will deliver a step-change in the coverage and performance of the RTN over the next 10 years.

Provide connected network of parks, open spaces and streets.

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

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

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

Increase walking, cycling, micromobility transport and green corridors to connect our communities.

A new $30 million programme for minor improvements for cycling and micromobility. 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.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

·        Auckland Transport Alignment Project (ATAP)

·        The Auckland Plan 2050

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

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

Local impacts and local board views

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

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

·    Chair’s Forum on the 15 February 2021

·    A workshop with the Waitematā Local Board on the 13 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 Maori engagement team.

Ngā ritenga ā-pūtea

Financial implications

 

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

30.     Local board feedback on the RLTP and any changes made as a result of that feedback could have financial implications depending on that feedback. Further information about AT’s priorities for funding and implications of changes to funding levels can be found on page 80 of the RLTP consultation document.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

RLTP local board feedback sheet

47

b

Draft RLTP 2021 - 2031

53

     

Ngā kaihaina

Signatories

Author

Ben Stallworthy – Elected Member Relationship Partner, Auckland Transport

Authorisers

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

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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

File No.: CP2021/03652

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

3.       The key activity updates from this period are:

ID

Activity Name

Activity Status

RAG

Update 2: Nov – Feb

1429

Event partnership fund Waitematā

In progress

Green

Festival Italiano was held on 8 November 2020 and was another successful event with approx 13,000 people attending.
Grey Lynn Park Festival was attended by 30,000 people.
Farmers Santa Parade was delivered in December 2020.
Auckland International Buskers Festival funding was uplifted, and the event took place over Auckland Anniversary weekend.
Doc Edge are still to complete funding agreement and uplift funding.

1432

Parnell Festival of Roses

In progress

Green

The Parnell Festival of Roses 2020 was held on Sunday, 15 November at the Dove-Myer Robinson Park, with approximately 7,000 people in attendance during the course of the day.

2561

Western Springs Lakeside Park - renew playspace

In progress

Green

Current status: Construction works started in late September 2020. Completion works have been delayed by three weeks.


Next steps: Complete construction of the playground by 4 March 2021.

2653

Basque Park - concept plan development

In progress

Green

Current status: Initial investigation and analysis drawings are now completed. The Engagement Plan is being finalised and consultation phase is due to commence. Next steps: Gather information through consultation phase to present back to the Local Board in a workshop.

2685

Home Reserve - renew play space, hard stands and landscaping

In progress

Green

Current status: The physical works of the playground renewal works completed February 2021

Next steps: Completion of the softworks/Planting till the planting season April/May 2021.

3134

192 Parnell Road (Heard Park Plunket) - renew building interior and exterior

Completed

Green

Commence works in late March 2021 to decommission and remove the exterior Novaloo toilet. This facilitates the opening of the externally accessible public toilet which is located within the former Plunket building.

3197

Heard Park - concept plan review for park improvements and renewals

In progress

Green

Current status: The pre-design document has been completed, public consultation to progress.

3529

Western park - renew pathways

In progress

Green

Physical works contract has been awarded, awaiting Heritage New Zealand Authority to be granted.

Commence physical works before mid-April 2021.

3540

Grey Lynn Park - establishment of a no mow area

In progress

Green

Signage is being produced and will be installed shortly. Next steps: Planting to be undertaken during planting season commencing from April.

1670

Develop an indicative business case for service provision in Ponsonby, in relation to Leys Institute Library and Gymnasium

In progress

Green

Current status: Funding for the restoration of Leys Institute will be considered by the Governing Body, following Long-term Plan 2021-2031 consultation.
Next steps: Governing Body decision on funding will inform next steps.

1671

Develop an indicative business case for service provision in Grey Lynn, in relation to Grey Lynn Library and Hall

Approved

Amber

Current status: Council financial constraints require reconsideration of the project scope.
Next steps: Local board workshop planned for 9 March to seek direction on project progression.

2265

CARRY FORWARD WTM Urban Forest reforestation

In progress

Amber

The project has been impacted by COVID-19 lock downs delaying progress on three separate occasions. Extra resource is being added to the programme to ensure the project is brought back on track and tree planting is planned to take place before end of June. It is anticipated that works will be back on track by early April.

1571

Waitematā Industrial Pollution Prevention Programme – Eden Terrace

In progress

Green

The onsite component to this programme is complete with 40 site visits conducted with Eden Terrace businesses.

1698

Regenerative Urban Farm and Low Carbon Diet Engagement programme

In progress

Green

The Service Agreement was signed in December 2020 and the project kicked off in mid-January 2021. During the final third of the financial year the project team will identify sites, develop assessment criteria, undertake desktop analysis of possible sites, and assess sites in person. This work will involve engaging a panel of community and technical experts over two workshops in March and April 2021. The insights research will also be completed during the final third of the financial year.

2322

Pt Erin commuter parking restrictions

Completed

Green

Community Facilities completed the redesign and new signage installation for the car park in December 2020.

The AT Traffic Control Committee approved the new parking enforcement in February 2021.  Parking restrictions are now formally in place.

3652

Western Springs native bush restoration

Approved

Green

Phase 1 of the Native Bush Restoration Project is underway. This consists of felling of the radiata pine trees in preparation for planting of native plants. Prior to this various plans are to be certified by compliance in accordance with the conditions of consent. Anticipated start date of work is on or about the 6th of April. Next steps: Once the radiata has been felled native planting will be underway, in conjunction with renewal and improvements to the existing walking track.

 

4.       All operating departments with agreed work programmes have provided an update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed) or grey (cancelled, deferred or merged). The following activity is reported with a status of red (behind delivery, significant risk):

ID

Activity Name

Activity Status

RAG

Update 2: Nov – Feb

2264

CARRY FORWARD WTM: Te Kete Rukuruku (Māori naming of parks and places) tranche one

On Hold

Red

A resolution of issues raised by mana whenua in this local board area looks unlikely to be reached this financial year. We recommend the budget is carried forward to complete delivery of tranche one.

 

5.       The financial performance report compared to budget 2020/2021 is attached. There are some points for the local board to note. Overall, the net operational financial performance of the local board is below the revised year to date budget (96 percent). Revenue is slightly unfavourable to budget for the year to date and is likely to be on target for the full financial year.  From the local boards’ Locally Driven Initiatives (LDI) funding, the majority of projects are underway and on track to be completed during the year, with no risks identified for delivery of these projects at this stage.  Capital projects underway or completed include the Central Library roof remediation, development of new changing rooms at Grey Lynn Park, comprehensive renewal of Studio One Artstation, and playground renewals at Western Springs Lakeside Park and Home Reserve.

6.       Two activities from the 2020/2021 work programme have a total budget of $12,000 LDI opex available to be reallocated to a different activity.


 

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

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

b)      approve the reallocation of the available LDI opex, $7,000 Franklin Road Christmas Lights event (ID1430) and $5,000 from the Business Growth Accelerator WMT (ID1829)

to the following activity:

i)        community grants Waitematā (ID1435): Increase the budget by $12,000 to enable community groups to receive funding through a contestable grants process.

Horopaki

Context

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

·        Arts, Community and Events;

·        Parks, Sport and Recreation;

·        Libraries and Information;

·        Community Services: Service, Strategy and Integration; (Now part of Connected Communities department)

·        Community Facilities: Build Maintain Renew;

·        Community Leases;

·        External Partnerships;

·        Infrastructure and Environmental Services;

·        ATEED.

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

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

Previous Department - Unit

Current Department - Unit

Arts, Community and Events - Community Places

Connected Communities – Community Places

Arts, Community and Events - Community Empowerment

Connected Communities – Community Empowerment

Arts, Community and Events - Community Empowerment (Youth)

Community and Social Innovation – Youth Empowerment

Arts, Community and Events - Arts & Culture

Regional Service Planning, Investment and Partnerships – Arts & Culture

Arts, Community and Events - Events

Regional Service Planning, Investment and Partnerships – Events

Service, Strategy and Integration

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

Libraries

Connected Communities – Libraries

The Southern Initiative

Community and Social Innovation – The Southern Initiative

The Western Initiative

Community and Social Innovation – The Western Initiative

 

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

Graph 1: Work programme activities by outcome

 

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

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

Graph 2: Work programme by RAG status

 

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

Graph 3: Work programme by activity status and department

Key activity updates

12.     The following table highlights key activities with updates from the work programme update attachment, including activities identified as initiatives in the Local Board Plan, activities in the Local Board Agreement or activities that have high public interest:

ID

Activity Name

Activity Status

RAG

Update 2: Nov – Feb

1311

Arts and culture regional work programme information and updates

In progress

Green

Public Art, Regional budget:
Federal Street: Artwork delivery timing has been updated to February 2023. This update has no impact on the parent project.
Myers Park: Detailed design is now progressing. 
Monuments investigation, local board budget:
Mana whenua hui are anticipated to commence in April 2021. A memo outlining council’s approach and inviting consultation has been shared with the Tāmaki Makaurau Mana Whenua Forum members. It is anticipated that the memo will be ratified by the Tāmaki Makaurau Mana Whenua Forum on 18 March 2021, and staff directed to liaise further with a sub-committee on-going; the Culture and Identity Committee.

1429

Event partnership fund Waitematā

In progress

Green

Festival Italiano was held on 8 November 2020 and was another successful event with approx 13,000 people attending.
Grey Lynn Park Festival was attended by 30,000 people, which was an increase on previous years and stall holders reported some of the best trading they had done at the festival.
Farmers Santa Parade was delivered in December 2020.
Auckland International Buskers Festival funding was uplifted and the event took place over Auckland Anniversary weekend.
Doc Edge are still to complete funding agreement and uplift funding.

1432

Parnell Festival of Roses

In progress

Green

The Parnell Festival of Roses 2020 was held on Sunday, 15 November at the Dove-Myer Robinson Park, with approximately 7,000 people in attendance during the course of the day. Highlights included Auckland Puppy Rescue, a performance by Tahiti Ia Ora and the bubble man.

2544

Outhwaite Park - renew playspace and adjacent carpark

In progress

Green

Current status: Progressing the develop design, lodged the resource consent February 2021.

Next steps: Present the develop design to the Local Board.

2561

Western Springs Lakeside Park - renew playspace

In progress

Green

Current status: Construction works started in late September 2020. Completion works have been delayed by three weeks due to shipment delays for the accessible rubber surface and a accidental discovery protocol being triggered when contractors accidentally opened a small void under the basalt layer while digging for footing. This was been reported to the consent monitoring team and the area was cordoned off until a resolution has been reached. The project has received approval from the consent monitoring team to proceed investigation of other suitable footing locations. This only affects the senior playground module and works are underway on the rest of the playground. The primary pathway along the lakeside is complete and open for use.

Next steps: Complete construction of the playground by 4 March 2021.

2599

Open space park roads and carparks - renew - 2020/2021 - Waitematā

In progress

Green

Current status: This park road and car park budget to be utilised for renewal work planned for the Victoria Park carpark.

Next steps: Completion of the design stage, commencing physical works stage as planned in 2021/2022.

2606

Myers Park Caretakers Cottage and shed - renew and restore

In progress

Green

Current status: The physical works tender has been put out to the market.

Next steps: Adjudicate and award physical works tender and commence construction late April 2021.

2653

Basque Park - concept plan development

In progress

Green

Current status: Initial investigation and analysis drawings are now completed. The Engagement Plan is being finalised and consultation phase is due to commence. Next steps: Gather information through consultation phase to present back to the Local Board in a workshop.

2685

Home Reserve - renew play space, hard stands and landscaping

In progress

Green

Current status: The physical works of the playground renewal works completed February 2021

Next steps: Completion of the softworks/Planting till the planting season April/May 2021.

2771

Play spaces - renew 2019/2020 - Waitematā

In progress

Green

Current status: Sites for renewal have been scoped. Works include for replacement of the Victoria Park spinner & muscle buster, Freemans Bay Community Centre multi play module and safety surfacing, Francis Reserve multi play, renew Western Park trampoline & roundabout, Gladstone Park tube slide, renew safety surfacing at Moira Reserve, Tole Reserve, Western Park- Freemans Bay and Arch Hill Scenic Reserve.

Next steps: Cost estimates prepared and planning of dates for the physical works delivery to progress from March / April 2021.

3005

Waitematā - urban forest restoration

In progress

Green

Current status: This project is underway for Point Erin Park, Point Resolution, Rose Road Gully, Seddon Fields, Saint Stephens Cemetery and Westmere and Weona.

Next steps: The planting program will be completed by June 2021.

3134

192 Parnell Road (Heard Park Plunket) - renew building interior and exterior

Completed

Green

Current status: In light of the completion of the project #26102 192 Parnell Road (Heard Park Plunket) - renew building interior and exterior, works are currently underway to facilitate the decommission and removal of the exterior Novaloo toilet.

Next steps: Commence works in late March 2021 to decommission and remove the exterior Novaloo toilet. This facilitates the opening of the externally accessible public toilet which is located within the former Plunket building.

3197

Heard Park - concept plan review for park improvements and renewals

In progress

Green

Current status: The pre-design document has been completed, public consultation to progress.

Next steps: Completion of the public and stakeholder consultation, preparation of two concept options including high level rough order of construction costs to be presented to the Local Board in a Community facilities workshop to seek their input and direction.

3529

Western park - renew pathways

In progress

Green

Current status: Approval received to deliver physical works in FY2021 under the risk adjusted programme. Physical works contract has been awarded, awaiting Heritage New Zealand Authority to be granted.
Proposed scope of works to consist of:
- Repair of existing basalt edging (100 meters)
- renew 3m wide asphalt footpath pavement with basalt edging (550m2)
- New 1.8m wide asphalt footpath pavement (272m2)
- 1.8m wide permeable footpath where surface bridges tree root zones (105m2).
Also included within the scope is the renewal and upgrade of amenity lighting as per the August 2015 development plan recommendations. This will be delivered under the line #24472 Open space lighting - renew - 2021/2022 – Waitematā.

Next steps: Commence physical works before mid-April 2021.

3540

Grey Lynn Park - establishment of a no mow area

In progress

Green

Current status: Signage is being produced and will be installed shortly. Next steps: Planting to be undertaken during planting season commencing from April.

1670

Develop an indicative business case for service provision in Ponsonby, in relation to Leys Institute Library and Gymnasium

In progress

Green

Current status: Funding for the restoration of Leys Institute will be considered by the Governing Body, following Long-term Plan 2021-2031 consultation.
Next steps: Governing Body decision on funding will inform next steps.

1671

Develop an indicative business case for service provision in Grey Lynn, in relation to Grey Lynn Library and Hall

Approved

Amber

Current status: Council financial constraints require reconsideration of the project scope.
Next steps: Local board workshop planned for 9 March to seek direction on project progression.

2265

CARRY FORWARD WTM Urban Forest reforestation

In progress

Amber

The project has been impacted by COVID-19 lock downs delaying progress on three separate occasions. Extra resource is being added to the programme to ensure the project is brought back on track and tree planting is planned to take place before end of June. It is anticipated that works will be back on track by early April.

1571

Waitematā Industrial Pollution Prevention Programme – Eden Terrace

In progress

Green

The onsite component to this programme is complete with 40 site visits conducted with Eden Terrace businesses. Out of the 40 businesses visited, four were issued with reports recommending improvements that could be made. One actual pollution incident was discovered and resolved, while one major potential and three minor potential pollution issues were identified. Follow up phone calls will be made to businesses by the end of February 2021. A final memo detailing results and recommendations will be sent to the local board before the end of the financial year.

1698

Regenerative Urban Farm and Low Carbon Diet Engagement programme

In progress

Green

The Service Agreement was signed in December 2020 and the project kicked off in mid-January 2021. During the final third of the financial year the project team will identify sites, develop assessment criteria, undertake desktop analysis of possible sites, and assess sites in person. This work will involve engaging a panel of community and technical experts over two workshops in March and April 2021. The insights research will also be completed during the final third of the financial year.

2322

Pt Erin commuter parking restrictions

Completed

Green

Community Facilities completed the redesign and new signage installation for the car park in December 2020.

The AT Traffic Control Committee approved the new parking enforcement in February 2021.  Parking restrictions are now formally in place.

3652

Western Springs native bush restoration

Approved

Green

Current status: Phase 1 of the Native Bush Restoration Project is underway. This consists of felling of the radiata pine trees in preparation for planting of native plants. Prior to this various plans are to be certified by compliance in accordance with the conditions of consent. Anticipated start date of work is on or about the 6th of April. Next steps: Once the radiata has been felled native planting will be underway, in conjunction with renewal and improvements to the existing walking track.

Activities with significant issues

13.     The following work programme activity has been identified by operating departments as having significant issues:

ID

Activity Name

Activity Status

RAG

Update 2: Nov – Feb

2264

CARRY FORWARD WTM: Te Kete Rukuruku (Māori naming of parks and places) tranche one

On Hold

Red

A resolution of issues raised by mana whenua in this local board area looks unlikely to be reached this financial year. We recommend the budget is carried forward to complete delivery of tranche one.

 

Activities on hold

14.     The following work programme activity has been identified by operating departments as on hold:

ID

Activity Name

Activity Status

RAG

Update 2: Nov – Feb

2264

CARRY FORWARD WTM: Te Kete Rukuruku (Māori naming of parks and places) tranche one

On Hold

Red

A resolution of issues raised by mana whenua in this local board area looks unlikely to be reached this financial year. We recommend the budget is carried forward to complete delivery of tranche one.

2323

Victoria Park commuter parking restrictions

On Hold

Amber

The investigation for further proposed parking restrictions is dependent upon the redesign of the shared space and parking currently undertaken by Community Facilities.  The investigation is now anticipated to commence in June 2021.

 

Changes to the local board work programme

Deferred activities

15.     There are no activities that are deferred from the 2020/2021 work programme.

Reallocation of Local Driven Initiatives operational expenditure (LDI opex)

Available LDI opex for reallocation

16.     The following activities from the 2020/2021 work programme have LDI opex available to be reallocated:

·        Franklin Road Christmas Lights (ID1430): The event organizer cancelled the event and reimbursed the funding amount of $7,000. 

·        Business Growth Accelerator WMT (ID1829) budget of $5000 is no longer required within the current financial year.  The proposed activity is being delivered through the newly developed Voices of Auckland digital content series, Top Tips for Business and Digital Boost

17.     The total amount of LDI opex available for reallocation is $12,000.

Options for reallocation

18.     Operating departments have been contacted to establish whether they are able to spend additional budget in their work programmes, this financial year.

19.     The available LDI opex can be reallocated to the following activity:

·        Community grants Waitematā (ID1435): Increase the budget by $12,000 to enable community groups to receive funding through a contestable grants process.

20.     Any remaining LDI opex that is not delivered and does not meet the criteria to be carried forward will be included as a savings for the council.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

24.     This report informs the Waitematā Local Board of the performance for November 2020 to February 2021.

Tauākī whakaaweawe Māori

Māori impact statement

25.     The following activities have a direct Māori outcome focus or contributes towards specific Māori outcomes in the local board plan:

ID

Activity Name

Activity Status

RAG

Update 2: Nov – Feb

1362

Māori Responsiveness: Local Māori aspirations in Waitematā

In progress

Green

Staff worked with:
- Ngāti Whātua Ōrākei on the community engagement plan for Te Tōangaroa area
- Māori Wardens in the city centre area around homelessness, antisocial behaviour and community safety initiatives
- Māori organisations regarding Neighbours Day Aotearoa and Youth Week
- Local board services and Engagement teams on planning Māori engagement for the Long Term Plan
- Awhina Mai Tatau Katoa and Mahi Tahi Karangahape Road on capacity building for these two Māori social enterprises
- Māori groups and organisations.

A stocktake report and recommendation will be presented to the local board in April 2021.

1353

Whakatipu i te reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori - Waitematā

In progress

Green

"To celebrate Waitangi Day, Leys Institute Little Library put together a window display highlighting the library’s te ao Maori and Waitangi content, much of which was quickly discovered and borrowed by a local primary school teacher in search of Waitangi resources to share with her class.
Ngā Puna o Waiōrea (a Te Reo Māori immersion kura operating collaboratively with Western Springs College) visited Grey Lynn Library and as part of their scavenger hunt the teachers got their students to search the library for some resources or events to help people learning te reo before the school students were able to move on to their next location. 
Several new members joined Grey Lynn's kapa korero group at the end of the year. These are adults who were beginning to explore their Māori heritage, or are hoping to find support for their language acquisition journey. At the first session back in the new year a man joined who is a fairly fluent/intermediate speaker, continuing his studies in the upcoming semester. The group continues to be a space where all speakers and learners of the reo are welcome, and it provides a fairly unique environment, where the only rule is that you try to speak (and listen), in Māori language only. 
Senior staff members at Parnell spent time learning and practising their mihi and pepeha, with a view to sharing their learnings with members of the community at library events. They also introduced a te reo Māori ‘word of the week’ in daily team hui, to increase staff confidence with the language and help to embed te reo Māori everyday communication. "

2264

CARRY FORWARD WTM: Te Kete Rukuruku (Māori naming of parks and places) tranche one

On Hold

Red

A resolution of issues raised by mana whenua in this local board area looks unlikely to be reached this financial year. We recommend the budget is carried forward to complete delivery of tranche one.

 

Ngā ritenga ā-pūtea

Financial implications

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

Financial Performance

27.     Operating expenditure relating to Asset Based Services (ABS) is below revised budget by $505,000 for the year to date, while the LDI operational projects are currently $328,000 below revised budget.  This is due to a variety of projects yet to draw down on budget allocations. 

28.     Capital spend of $5.5 million represents investments in the Central Library roof remediation, development of new changing rooms at Grey Lynn Park, comprehensive renewal of Studio One and playground renewals at Western Springs Lakeside Park and Home Reserve.

29.     The complete Waitemata Local Board Financial Performance report can be found in Appendix B.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waitematā Work Programme Update Nov - Feb 2021

155

b

Financial Appendix - Performance Report Feb 2021

197

     

Ngā kaihaina

Signatories

Author

Caroline Teh - Local Board Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Operating performance financial summary                                    

Operating performance

 

$(000’s)

FY21 to 28 February

FY21

 

Actual

Revised Budget

Variance

Revised Budget

 

 

 

 

 

Net operating expenditure

17,781

18,568

879

27,488

 

 

 

 

 

Operating revenue

 

 

 

 

Community services

1,378

1,424

(46)

2,401

 

 

 

 

 

Operating expenditure

19,159

19,992

833

29,889

Community services

12,004

12,771

767

20,026

Environmental services

64

112

48

279

Governance

594

594

0

891

Planning

6,497

6,515

18

8,693

 

Commentary

 

The Emergency Budget 2020/2021 was adopted by the Governing Body on 30 July 2020. This final budget included a projected reduction in cash operating revenue as a result of COVID-19 and a range of reductions in operating expenditure and a reduction in overall capital expenditure. As the COVID-19 situation is still evolving, its financial impacts remain uncertain.

 

Net operating expenditure of $17.8 million is below budget for the year to date of the 2020/2021 financial year.

 

Operating Revenue of $1.4 million is slightly below budget for the year to date and looks to be on track for the end of year.

 

Operating Expenditure of $19.2 million is below budget for the year to date. Majority of the spend is in Community Services for the full facility parks contracts as well as operating costs for community facilities across the local board area.

 

Locally Driven Initiatives projects are tracking under budget for the year to date. Details by project can be found on the following page.

 

During the first eight months of the year, the local board allocated $74,600 from the local community grants funding.

 

At this stage of the year, the LDI programme looks to be on track and no projects have been identified as having a risk of non-delivery.  To date, larger areas of spend have seen various funding agreements signed and paid out to our community partners via the Arts, Community and Events and Environmental Services departments.

 

*Note: These figures include direct expenditure on local activities and do not include any corporate overheads.

 

LDI by activity

$(000’s)

FY21 to 28 February

FY21

 

Actual

Revised Budget

Variance

Revised Budget

Operating expenditure

710

1,038

328

1,737

Community services

638

913

275

1,438

Environmental services

64

112

48

279

      Planning

8

13

5

20

 

LDI Operating Expenditure – all projects

Net Cost of Service

Year to Date ($000)

Full Year ($000)

Actual

Revised Budget

Variance

Revised Budget

ACE LDI Staff allocation

146

146

0

218

ANZAC

0

5

5

5

Arts facility grants

85

85

0

85

Carparking investigations

0

4

4

8

Chemical Free

0

43

43

71

Christmas events

0

7

7

7

Community Arts Programmes

55

55

0

55

Community Disaster Resilience Building

0

0

0

5

Community Gardens

8

8

0

8

Community group assistance

0

0

0

125

Community placemaking initiatives

6

20

14

47

Community Places programme LDI top up

0

22

22

40

Creating a Maori identity

0

9

9

23

Deliver local restoration projects to restore the urban forest

32

41

9

69

Ecological volunteers environmental programme

5

11

6

25

Events partnerships fund

80

83

3

83

Extended Library hours

73

73

0

110

Grey Lynn Community Centre top up

0

20

20

20

Gully planting and maintenance

0

6

6

10

Inner-city community group network

0

6

6

10

LB Film income

0

0

0

6

LDI Programme Events in local parks

19

18

(1)

30

Local civic functions

1

2

1

7

Local community grants

73

75

2

150

Maori responsiveness

0

18

18

18

No mow projects

0

6

6

10

Parnell Festival of Roses

24

27

3

27

Statues and monuments review

0

13

13

26

Symonds Street Cemetery

14

46

32

54

Urban Forest (Ngahere) strategy

0

10

10

11

Urban forest restoration

0

45

45

65

Youth Voice

13

10

(3)

10

Total Community services

638

913

275

1,438

                                                                                                                                             

 

LDI Operating Expenditure – all projects (cont.)

Net Cost of Service

Year to Date ($000)

Full Year ($000)

Actual

Revised Budget

Variance

Revised Budget

Community Conservation Coordinator

15

15

0

15

Industry Pollution Prevention Programme

10

10

0

10

Local streams restoration

0

26

26

74

Low Carbon Action Plan Implementation Plan

30

31

1

91

Newmarket Streamside assistance programme

5

4

(1)

8

Urban Regenerative Farm and Low Carbon Food Engagement Programme - Stage One

2

11

9

40

Waipapa Stream restoration and ecological project

2

5

3

20

Waititiko (Meola Creek) restoration initiative

0

10

10

21

Total Environmental services

64

112

48

279

LDI BID partnership management and administration

8

8

0

10

Locally Driven Initiatives (ATEED)

0

5

5

10

Total Planning

8

13

5

20

Total

703

1,037

334

1,737

 

 

 


 

 

Capital expenditure summary

Capital expenditure

 

$(000’s)

FY21 to 28 February

FY21

 

Actual

Revised Budget

Variance

Revised Budget

 

 

 

 

 

Capital expenditure

5,525

7,172

1,647

12,211

Community services

5,518

7,172

1,654

12,211

Planning

7

0

(7)

0

Commentary

 

The local board capital delivery is $5.5 million against a year-to-date budget of $7.2 million. Major projects in progress or completed are listed below:

 

·    192 Parnell Road (Heard Park Plunket) – renew building. This project is completed. Next steps are to decommission and remove the exterior Novaloo toilet in late March. This will allow the opening of the externally accessible public toilet which is located within the former Plunket building.

 

·    Central Library – roof remediation.  The roof structure is very complex, so the works are undertaken in stages. The overall project is expected to be completed by December 2021.

 

·    Grey Lynn Park - develop new changing rooms. This project was completed in October 2020.

 

·    Home Reserve - renew playground. The physical works of the playground renewal works were completed in February 2021. Next steps are to complete the softworks and planting in April/May 2021.

 

·    Studio One Artstation - comprehensive renewal. Works are progressing well and are on track to be completed by mid-March 2021.

 

·    Western Springs Lakeside Park - renew playground. Construction works started in late September 2020. Completion works have been delayed by three weeks due to shipment delays for the accessible rubber surface and an accidental discovery protocol being triggered by site contractors. The primary pathway along the lakeside is complete and open for use. Construction of the playground is due for completion by 4 March 2021.

 

 

 

 

Inserted picture RelID:1

Capital Expenditure – all projects                                                                                                                                             

Project Name

Year to Date ($000)

Full Year ($000)

Actual

Revised Budget

Variance

Revised Budget

Annual Plan

Local asset renewals programme

4,433

5,938

1,505

10,829

4,864

Sport development

1,010

1,015

5

1,015

1,015

Minor Fixed Asset

23

108

85

182

0

Locally driven initiatives (LDI Capex)

8

65

57

108

73

Slip mediation/ prevention

26

46

20

77

38

One Local Board Initiative (OLI)

(4)

0

4

0

0

Parks - Auckland domain new builds

2

0

(2)

0

0

Various parks projects - AT funded

20

0

(20)

0

0

Total Community services

5,518

7,172

1,654

12,211

5,990

Downtown public spaces

(1)

0

1

0

0

Redevelopment (Pioneer Women's and Ellen Melville Hall)

8

0

(8)

0

0

Total Planning

7

0

(7)

0

0

Total

5,525

7,172

1,647

12,211

5,990

 

 

 

 

 

 

Subsidies and grants for capital expenditure

134

0

134

0

0

 


Waitematā Local Board

20 April 2021

 

 

Review of Waitematā Local Board appointments and delegations for the remainder of 2019-2022 electoral term


File No.: CP2021/03500

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To review and confirm the appointment of local board members to external organisations, local board members delegations and topic portfolio areas for the remainder of 2019-2022 electoral term.

Whakarāpopototanga matua

Executive summary

2.       On 3 December 2019, the local board resolved to (Resolution number WTM/2019/256):

·    appoint topic portfolio leads and co portfolio leads to act as champions for the identified areas.

·    appoint members to be as point of consultation for staff on all applications for general landowner consent, appoint members to be pint of consultation for staff on proposed asset renewal works, and appoint members for landowner consents for filming and for event notifications and event landowner consents

·    delegate to nominated board members to have the authority to provide local board views on applications for liquor licences

·    delegate to nominated board members to provide views on whether a resource consent should proceed as non-notified, limited notified or fully notified application and also delegate to nominated board members to speak at hearings on notified resource consent applications

·    agree to review these appointments and delegations by 27 April 2021.

3.       Also, on 3 December 2019, the local board resolved to appoint board members to external community groups and organisations (Resolution number WTM/2019/257)

4.       On 18 February 2020 the local board resolved to appoint nominated members to additionally identified relevant groups (Resolution number WTM/2020/25). 

5.       Details of the above delegations and appointments are included in the body of this report.

6.       This report provides the local board with the opportunity to review its appointments and delegations as per the above three resolutions.

7.       It is recommended that the local board supports the addition of a Māori outcomes portfolio area and appoint a portfolio lead and co portfolio lead to act as champions for this topic area.

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      approve the addition of Māori outcomes as a new topic portfolio area and appoint local board members as portfolio lead and co portfolio holder.

b)      review board members appointment and delegations.

c)      review the appointments of board members to external organisations.

 

Horopaki

Context

8.       At the beginning of the current electoral term the local board resolved to adopt a specific approach to manage its governance work effectively and efficiently over the 2019 – 2022 triennium.

9.       The approach which is subject to the local board review included appointing board members as topic portfolio holders to act as champions for the identified topic areas. The board also appointed members as follows:

·    appointments of nominated local board members for landowner consents

·    appointments of nominated local board members for landowner consents for filming

·    appointments of nominated local board members for events

·    delegation of nominated local board members who provide formal views as part of the liquor licence process

·    appointments of nominated local board members to provide formal views on resource consent applications (whether or not resource consents should be notified or limited notified) and provide written feedback on notified applications and speak on the local board behalf at hearings

·    appointments of local board members to external organisations

10.     Local board member delegations help Auckland Council to operate efficiently and effectively.

11.     Delegations are given to individual local board members, usually due to short timeframes constrained by operational requirements, customer expectations and deadlines set by statute. Having a delegation in place to one local board member helps to ensure that council can continue to undertake its normal business practices without undue delays.

12.     Local boards’ ability to provide local views can be affected because of statutory timeframes or external agency deadlines. Delegating authority for providing local board views to individual members provides local boards the opportunity to give local views within prescribed timeframes.

13.     In the current topic portfolio area approach, a portfolio holder would:

·    act as a champion for the topic area in full local board conversations

·    focus on work programme activities / projects within their topic area

·    maintain relationships with key stakeholders

·    understand relevant community needs and preferences

14.     portfolio holders Leads may also:

·    be appointed as the nominated local board member to provide feedback on behalf of the board on relevant matters and appointed to related external organisations

·    undertake learning and development opportunities and attend conferences (using their individual development budget provided as part of the Kura Kāwana development programme) relevant to the topic area

·    highlight relevant issues and emerging priorities during local board plan and work programme development

·    act as a key contact for community groups and members of the public on the topic area

15.     Topic area leads would enable individual local board members to use existing or build new knowledge and expertise in the topic area and enable other members to focus their time on other parts of the governance workload.

Tātaritanga me ngā tohutohu

Analysis and advice

 

16.     This report provides an opportunity to review:

·    the appointments of nominated local board members for landowner consents

·    the appointments of nominated local board members for landowner consents for filming

·    the appointments of nominated local board members for events

·    the delegation of nominated local board members who provide formal views as part of the liquor licence process

·    the appointment of nominated local board members who provide formal views on whether or not resource consents should be notified or limited notified and who provide written feedback on notified applications and speak on the local board behalf at the hearing

·    the appointments of local board members to external organisations

17.     The report also identifies an opportunity to include Māori outcomes as a new topic area to align the topic portfolio areas with the new local board plan 2020 and the annual local board work programmes.

Current Portfolio Areas and Portfolio Holders

18.     The following members are appointed as topic portfolio holders and co portfolio holders: 

              Table 1 – Current portfolio areas set up

Local Board Portfolio Areas

Portfolio holder

Co portfolio holder

Arts, Culture and Events

Kerrin Leoni

Alexandra Bonham

Community Development

Richard Northey

Sarah Trotman

Environment and Infrastructure

Julie Sandilands

Kerrin Leoni

Parks, Sport and Recreation

Adriana Avendaño Christie

Richard Northey

Local Economic Development

Sarah Trotman

Adriana Avendaño Christie

Transport

Graeme Gunthorp

Julie Sandilands

Planning and Heritage

Alexandra Bonham

Graeme Gunthorp

 

19.     It is recommended that the local board approves the addition of a Māori outcomes portfolio area.

20.     The recently adopted Waitematā Local Board Plan includes a new outcome – Māori are empowered, and their identity and culture is visible.  The inclusion of an additional Local Board Portfolio area focused on Māori Outcomes will enable the board to have a lead champion for this area of the plan and ensure continued focus around Māori outcomes is included throughout the annual work programme discussions.  

21.     If a local board agrees to appoint a Māori outcomes topic area lead it may wish to also consider identifying an alternate. The role of the alternate would be to support the topic area lead in their responsibilities and undertake any roles the lead has been formally appointed by the whole board when the lead is unavailable. Having an alternate means that the information, knowledge, skills and workload can be shared by more than one member.

Table 2 – proposed portfolio areas

Local Board Portfolio Areas

Portfolio holder

Co portfolio holder

Arts, Culture and Events

 

 

Community Development

 

 

Environment and Infrastructure

 

 

Parks, Sport and Recreation

 

 

Local Economic Development

 

 

Transport

 

 

Planning and Heritage

 

 

Māori outcomes (NEW)

 

 

 

Local board appointments and delegations

22.     These appointments and delegations support the local board to undertake their governance role in an efficient and effective way, reflect the priority work of the local board and help the organisation focus its resources. 

23.     Current Appointments and Delegations:

a)   Member Adriana Avendaño Christie as the nominated local board member and Member Richard Northey as an alternate for general landowner consents (excluding landowner consents for filming and events). Member Avendaño Christie and member Northey are authorised to:

i.          be the point of consultation for staff on all applications for general landowner consent and, at their discretion, refer any application for landowner consent to the local board for a local board decision, and

ii.          be the point of consultation for staff on proposed asset renewal works and, at their discretion, refer any proposed asset renewal works to the local board for a local board decision

iii.         receive staff notifications of areas that may involve reputational, financial, performance or political risk

24.     Currently member Sarah Trotman is the nominated local board member and member Avendaño Christie as the alternate for landowner consents for filming and are authorised to:

i.          to be the point of consultation with staff on all applications for landowner consent for filming and, at their discretion, refer any applications for landowner consent for filming to the local board for a local board decision

ii.          receive notifications from staff of areas that may involve reputational, financial, performance or political risk

25.     Currently member Kerrin Leoni is the nominated local board member and member Alexandra Bonham as the alternate for event notifications and event landowner consents. They are authorised to:

i.          be the point of consultation for staff on all applications for event landowner consents and, at their discretion, refer any application for landowner consent to the local board for a local board decision

ii.          receive staff notifications of areas that may involve reputational, financial, performance or political risk

26.     Currently member Richard Northey and member Alexandra Bonham as an alternate are delegated, to have the authority to prepare and provide local board views and speak to those local board views at any hearings on applications for liquor licences

27.     Currently member Alexandra Bonham and member Graeme Gunthorp as alternate are delegated the authority to provide the local board views on whether a resource consent should proceed as a non-notified, limited notified or fully notified application

28.     Currently member Alexandra Bonham and member Graeme Gunthorp as alternate, are delegated the authority to prepare and provide local board views and speak to those local board views at any hearings on notified resource consents.

Appointment of Local Board members to external and internal organisations and boards

29.     Currently the following members are appointed to the external community groups and organisations listed below:

Table 3 – current local board members appointments to external organisations:

External organisation

Appointee

Alternate

Business Associations

 

 

Heart of the City

Richard Northey

Graeme Gunthorp

Newmarket Business Association

Graeme Gunthorp

Sarah Trotman

Parnell Business Association

Sarah Trotman

Adriana Avendaño Christie

Ponsonby Business Association

Adriana Avendaño Christie

Alexandra Bonham

K Road Business Association

Alex Bonham

Richard Northey

Uptown Business Association

Kerrin Leoni

Julie Sandilands

Grey Lynn Business Association

Julie Sandilands

Kerrin Leoni

Other

 

 

Ponsonby Community Centre Board

Richard Northey

Alexandra Bonham

Grey Lynn Community Centre Committee

Adriana Avendaño Christie

Julie Sandilands

Auckland Central CAB and Ponsonby/Grey Lynn CAB

Richard Northey

Sarah Trotman

CRL Aotea Community Liaison Group

Graeme Gunthorp

Richard Northey

CRL Karangahape Road Liaison Group

Richard Northey

Alexandra Bonham

CRL Mt Eden Community Liaison Group

Adriana Avendaño Christie

Sarah Trotman

CRL Albert Street Business Forum

Sarah Trotman

Graeme Gunthorp

CRL C1 and C2 Community Liaison Group

Graeme Gunthorp

Alexandra Bonham

 

30.     Currently the following members are appointed to internal groups as listed below:

Table 4 – local board members appointments to internal organisations

Internal organisation

Lead

Alternate

Auckland City Centre Advisory Board

Richard Northey

Kerrin Leoni

Ponsonby Park Project Control Steering Group

Graeme Gunthorp

Adriana Avendaño Christie

 

31.     Currently the following members are appointed to liaise with the following residents associations:

Table 5 – local board members appointments to residents associations:

Residents Associations

Lead

Auckland City Centre Residents Group

Richard Northey

Parnell Community Trust

Sarah Trotman

Parnell Community Committee

Sarah Trotman

St Mary’s Bay Residents Association

Adriana Avendaño Christie

Grafton Residents Association

Kerrin Leoni

Herne Bay Residents Association

Alexandra Bonham

Freemans Bay Residents Association

Graeme Gunthorp

Grey Lynn Residents Association

Julie Sandilands

 

32.     The local board requested to review the appointments and delegations as per resolutions (WTM/2019/257) and (WTM/2019/256). This report provides the local board with the opportunity to do so.

33.     Additionally, in February 2020 the local board resolved (Resolution number WTM/2020/25) to add further identified groups, and appointed members to those groups. There is an opportunity to review board member allocations to those groups if the board wishes to do so.

Table 6 – local board members appointments to further identified groups:

Other

 

 

Ports of Auckland Community Reference Group

Alexandra Bonham

Richard Northey

Meola Stream Community Liaison Group

Julie Sandilands

Adriana Avendaño Christie

Taskforce on Alcohol and Community Safety in the Central City

Lead – Richard Northey

Joint lead - Adriana Avendaño Christie

 

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

34.     These decisions are procedural in nature and any climate impacts will be negligible. The decision is unlikely to result in any identifiable changes to greenhouse gas emissions. The effects of climate change will not impact the decisions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35.     This report recommends the appointment of nominated local board members to ensure that council can undertake its operational and statutory duties in a timely manner, while receiving local board input and decision-making in matters that are of local importance.

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

Local impacts and local board views

36.     This report seeks to appoint nominated local board members to perform particular functions.

37.     Any local board member who is appointed as a nominated local board member should ensure that they represent the wider local board views and preferences on each matter before them.

Tauākī whakaaweawe Māori

Māori impact statement

38.     A decision of this procedural nature is not considered to have impact for Māori.

Ngā ritenga ā-pūtea

Financial implications

39.     A decision of this procedural nature is not considered to have financial implications on Auckland Council.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40.     Should the local board support the recommendation in this report and appoint a Māori outcomes topic area lead, there are the following risks to consider:

·    a board member may provide direction or views which do not reflect those of the full local board

·    staff may seek direction from the portfolio area lead instead of the full local board, or seek direction from the portfolio lead prior to the full local board, resulting in duplication of work

·    key knowledge and information on a topic may be retained with the portfolio lead and not shared with the whole local board

·    the portfolio lead may enter into discussions at the management or operational level if meeting regularly with staff without a clear governance purpose for the discussion

41.     These risks can be addressed by:

·    using the workshop process as the mechanism for all local board members to receive updates and provide governance direction on approved work programme projects

·    clarifying the limited resources available to any topic area lead

Ngā koringa ā-muri

Next steps

42.     Any changes that come out of this review, will be communicated to relevant stakeholders.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Carlos Rahman - Senior Local Board Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

Draft Statement of Expectations for Council-controlled Organisations

File No.: CP2021/03563

 

  

 

 

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 Waitematā Local Board:

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

Horopaki

Context

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

64B Statement of expectations

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

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

(i) shareholding local authorities; and

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

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

(b) requires the organisation to act consistently with—

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

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

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

·   conduct of relationships.

·   shareholder obligations with which CCOs must act consistently

·   other expectations.

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

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

217

 

   

Ngā kaihaina

Signatories

Author

Edward Siddle - Principal Advisor

Authorisers

Alastair Cameron - Manager - CCO Governance & External Partnerships

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Statement of proposal to amend the Animal Management Bylaw and controls

File No.: CP2021/02955

 

  

 

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

233

b

Attachment B - Previous Local Board Views

321

c

Attachment C - Regulatory Committee Decisions on Bylaw Improvements

327

     

Ngā kaihaina

Signatories

Authors

Breanna Hawthorne - Policy Analyst

Saralee Gore - Graduate Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Proposal to vary the Regional Fuel Tax scheme

File No.: CP2021/03728

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

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

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

 

Horopaki

Context

The creation of Auckland’s RFT scheme

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

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

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

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

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

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

Details of the existing scheme

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

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

16.     The original proposal also details:

·        the key objectives of the scheme

·        the effects of the scheme (positive and negative)

·        how it aligned with the relevant strategic documents

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

·        reasoning for the exclusion of Aotea Great Barrier Island

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

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

·        bus priority improvements

·        city centre bus infrastructure

·        improving airport access

·        Eastern Busway (formerly AMETI)

·        park and rides

·        electric trains and stabling

·        ferry network improvements (was downtown ferry redevelopment)

·        road safety

·        active transport

·        Penlink

·        Mill Road corridor

·        road corridor improvements

·        network capacity and performance improvements

·        growth-related transport infrastructure.

Progress of the scheme to 31 December 2020

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

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

20.     Key achievements of the scheme so far include:

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

·        installing red-light running enforcement and CCTV cameras

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

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

Subsequent government funding announcements

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

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

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

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

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

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

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

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

ATAP update and draft RLTP preparation

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

Proposed variation to the scheme

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

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

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

·        the rate of the RFT

·        the period of the scheme

·        the area subject to the scheme.

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

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

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

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

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

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

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

 

Consultation

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

Ngā ritenga ā-pūtea

Financial implications

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

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

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

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

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

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

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

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft proposal to vary Regional Fuel Tax scheme project details

335

b

Proposal for a Regional Fuel Tax (2018)

357

     

Ngā kaihaina

Signatories

Authors

Justine Yu - Senior Advisor - Fin Policy

Michael Burns - Manager Financial Strategy

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Proposal to make a new Public Trading and Events Bylaw

File No.: CP2021/03221

 

  

 

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 Waitematā Local Board:

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

Horopaki

Context

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

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

9.       The Bylaw:

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

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

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

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

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

The Regulatory Committee decided to make a new bylaw

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

The draft Proposal makes a new Public Trading and Events Bylaw

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

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

Main proposals

Reasons for proposals

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

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

· to continue to retain existing exemptions to holding an approval

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

· set more specific rules for rental micromobility devices

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

· to reflect conditions as set in codes of practice

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

· identify filming as a separate category to events

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

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

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

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

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

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

· to ensure and apply consistent approach to council regulation

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

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

· to comply with the best practice bylaw drafting standards.

The draft proposal complies with statutory requirements

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

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

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

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

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

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

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

Local impacts and local board views

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

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

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     The following risk has been identified:

If...

Then...

Mitigation

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

There may be negative attention to council regarding the Bylaw.

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Statement of Proposal

389

     

Ngā kaihaina

Signatories

Authors

Magda Findlik - Principal Policy Analyst

Sam Bunge - Policy Advisor

Authorisers

Paul Wilson - Team Leader Bylaws

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Waitematā Local Board submission on the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill

File No.: CP2021/03568

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To enable the local board to provide feedback on the Unit Titles (Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill.

Whakarāpopototanga matua

Executive summary

2.       The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill is a Private Member’s Bill which seeks to update and modernise the current Act.

3.       The Auckland Plan 2050 promotes improvements to the Unit Titles Act, and the Body Corporates it underpins, as this would help deliver forms of housing envisioned in a quality compact urban form.

4.       The law was designed at a time when apartment living was still relatively new. Now the number of apartments, townhouses, flats, units and other types of attached dwellings being consented in Auckland significantly outnumbers the number of standalone houses being consented. More and more people are looking to live in apartments, town houses and units as standalone houses become increasingly unaffordable.

5.       The Bill seeks to strengthen governance and management of body corporates by:

·    requiring body corporate committees to comply with a code of conduct to be prescribed in regulations

·    reducing the number of proxy votes which could be held by any one-unit owner at a general meeting of the body corporate

·    putting in place rules and obligations to increase the professionalism and standards of body corporate managers

·    enabling apportioning of costs to unit owners based on the likely benefit they receive

·    improving disclosure requirements for potential purchasers and expanding their entitlement to the detailed information they may need

·    improving the requirements for long-term maintenance plans.

6.       The Act can be found here: https://www.legislation.govt.nz/act/public/2010/0022/latest/DLM1160440.html 

7.       Further information and summary documents on the Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill can be found here: https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_99361/unit-titles-strengthening-body-corporate-governance-and

8.       Submissions to the select committee close on 29 April 2021. Local boards’ feedback is sought by 23 April 2021.


 

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      provide feedback on the Unit Titles (Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Bill.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Carlos Rahman - Senior Local Board Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

Public feedback on proposal to make new navigation rules

File No.: CP2021/03386

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

4.       The main proposals are to:

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

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

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

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Waitematā 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 11 people from the local board area provided feedback to the proposal via online and email feedback. There was split support for proposals one, five and eight, and majority support for all other proposals.

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).

36 per cent (4/11 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

64 per cent (7/11 submitters)

70 per cent

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

72 per cent (8/11 submitters)

85 per cent

4a:     Make new rules for the Tamaki River Entrance

64 per cent (7/11 submitters)

69 per cent

4b:     Make new rules for the Commercial Port Area

72 per cent (8/11 submitters)

75 per cent

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

44 per cent (4/9 submitters)

71 per cent

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

56 per cent (5/9 submitters)

77 per cent

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

56 per cent (5/9 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

33 per cent (3/9 submitters)

82 per cent

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

·    ensures public safety, specifically by requiring an extra form of communication and creating rules for novel craft

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

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

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

Staff recommend the local board provide its views on public feedback

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

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

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

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

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Summary of public feedback

473

b

Public feedback from people in the Waitematā Local Board area

495

c

Operational and non-bylaw-related feedback

535

d

Draft Bylaw Panel deliberations report

537

     

Ngā kaihaina

Signatories

Authors

Bayllee Vyle – Policy Analyst

Authorisers

Paul Wilson - Team Leader Bylaws

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Review of the Code of Conduct - draft revised code

File No.: CP2021/04428

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

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

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

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

(b)   a general explanation of—

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

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

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

Horopaki

Context

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

8.       The Governing Body resolved to:

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

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

i)       retaining and updating principles

ii)      retaining a process for complaints

iii)     appointing conduct commissioners

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

v)      defining materiality

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

vii)    providing policies on:

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

B)     confidential information access and disclosure

C)     election year

D)     communications

E)      media

F)      social media

G)     governance roles and responsibilities

H)     working with staff

I)       elected members expenses.

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

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

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

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

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

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

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

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

Tātaritanga me ngā tohutohu

Analysis and advice

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

Conduct Commissioner

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

Comments

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

Decisions of the Investigator and Conduct Commissioner

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

Comments

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

Conflict of Interest Policy

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

Comments

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

Confidential information

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

Comments

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

Other feedback

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

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

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

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

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

Additional changes that have been made by staff

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

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

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

Additional changes that might yet be made

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

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

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

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

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

Tauākī whakaaweawe Māori

Māori impact statement

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

Ngā ritenga ā-pūtea

Financial implications

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

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

32.     A single Conduct Commissioner would reduce that cost.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft Code of Conduct - for local boards

563

b

Craft Code of Conduct - attachments for local boards

583

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - GM Local Board Services

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Urgent decision - Approve Waitematā Local Board feedback on the draft National Parking Management Guidance

File No.: CP2021/03237

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive the local board’s feedback to the New Zealand Transport Agency Waka Kotahi on the draft National Parking Management Guidance.

Whakarāpopototanga matua

Executive summary

2.       The draft National Parking Management Guidance has been developed to provide consistent, best-practice guidance for the management of on-street parking and publicly owned/managed off-street parking in New Zealand.

3.         This guidance supports Keeping Cities Moving, the Waka Kotahi mode shift plan, with parking management being a key intervention for influencing mode shift

4.       The guidance also supports the National Policy Statement for Urban Development, developed by the Ministry for the Environment and the Ministry of Housing and Urban Development, which includes a policy that requires local authorities to remove minimum car parking requirements from developments, other than for accessible car parks.

5.       As the deadline for providing feedback fell prior to the next local board meeting, the urgent decision-making process was used to approve formal local board feedback. The feedback provided is attached to this report (Attachment A).

6.       Deadline for submissions was on 12 March 2021. The Waitematā Local Board’s next business meeting was not scheduled until the 16 March 2021, however the agenda for the March meeting closed on 8 March 2021.  Therefore this urgent decision (Attachment B) is reported to the local board at its 20 April, 2021 meeting.

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      receive its feedback on the draft National Parking Management Guidance

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Feedback on National Parking Management Guidance

663

b

Urgent Decision - Approve Waitematā Local Board feedback on the draft National Parking Management Guidance

665

     

Ngā kaihaina

Signatories

Authors

Carlos Rahman - Senior Local Board Advisor

Authorisers

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Chairperson's report

File No.: CP2021/03442

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2.       An opportunity for the Waitematā Local Board Chair to update the local board on activities he has been involved in since the last meeting.

3.       In accordance with Standing Order 2.4.7, the chair may, by way of report, bring any matter to the attention of a meeting of the local board or its committees that is within their role or function to consider.

 

Ngā tūtohunga

Recommendation/s

That the Waitematā Local Board:

a)      receive the Chair’s report for April 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

20 April 2021 Waitematā Local Board Chair R Northey report

671

     

Ngā kaihaina

Signatories

Author

Priscila Firmo - Democracy Advisor

Authoriser

Trina Thompson - Local Area Manager

 


Waitematā Local Board

20 April 2021

 

 

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Waitematā Local Board

20 April 2021

 

 

Board member reports

File No.: CP2021/03733

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an opportunity for the local board’s elected members to update the Waitematā Local Board on matters they have been involved in following the previous month’s meeting and other matters of interest to the board.

Whakarāpopototanga matua

Executive summary

2.       An opportunity for members of the Waitematā Local Board to provide a written or verbal update on their activities for the month or any other matter they wish to raise with the board.

3.       This is an information item and it is optional for board members to provide a written board member report for inclusion in the agenda.

 

Ngā tūtohunga