Agenda of Hibiscus and Bays Local Board

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

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 Hibiscus and Bays Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday 17 June 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 Hibiscus and Bays Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

9.1 Public Forum: Mairangi Bay Surf Club containers

Te take mō te pūrongo

Purpose of the report

1. Mr Jack McDonald has requested public forum time to discuss the Mairangi Bay Surf Club containers.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) thank Mr McDonald for his attendance.

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.”

Hibiscus and Bays Local Board

15 July 2021

Orewa Reserve Service Assessment

File No.: CP2021/02862

Te take mō te pūrongo

Purpose of the report

1. To adopt four park service outcomes to guide the development of a feasible and cost-effective management approach for Ōrewa Reserve, scheduled to be undertaken in the 2021-2022 financial year.

Whakarāpopototanga matua

Executive summary

2. The Ōrewa Reserve Service Assessment project responds to ongoing challenges to manage the coastal edge at Ōrewa Reserve and the stated priority of the Hibiscus and Bays Local Board to continue to deliver the Orewa Beach Esplanade Enhancement Project.

3. When undertaking projects in the coastal environment, consideration must be given to the New Zealand Coastal Policy Statement (2010). This policy statement, and the Auckland Region Coastal Management Framework (2017) require that potential hazards be managed.

4. Both documents also require that the values of mana whenua and the community be considered.

5. Auckland Council Parks Services team has gathered data and information from the community to understand the experiences provided at Ōrewa Reserve, and how they are valued. Parks Services also plans to engage directly with mana whenua to understand how they would like to be involved with the project as it develops.

6. To identify risks on the coastal edge at Orewa Reserve due to climate change, the Orewa Reserve Coastal Hazard Susceptibility Assessment 2020 Update has been completed. This confirms reserve areas considered to be at risk from the combined effects of sea-level rise and erosion over defined periods.

7. Based on analysis of how the reserve is currently being used, Parks Services is recommending four service outcomes to be sought by the Hibiscus and Bays Local Board, when selecting a long-term management approach, that will protect the experiences that the community values at Ōrewa Reserve.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) adopt the following service outcomes when selecting a long-term management option for Ōrewa Reserve and adjacent beach

i) enhance opportunities for beach-related recreational experiences on an extended dry Ōrewa Beach

ii) improve access to Ōrewa Beach along the length of the Ōrewa Reserve, to help facilitate beach-related recreational activities, including walking along the beach

iii) retain current play value within the wider Ōrewa Beach setting, with a particular focus on providing pockets of play experiences for young children on Ōrewa Reserve and basketball/beach volleyball experiences within the wider reserve.

iv) enhance opportunities for north-south pedestrian and cycling movements along the reserve, which are integrated with the existing coastal walking/cycling experience throughout the Ōrewa Beach setting.

Horopaki

Context

8. The Ōrewa Reserve Assessment project responds to ongoing challenges with managing the coastal edge at Orewa Reserve and the stated priority of the local board to continue to deliver the Orewa Beach Esplanade Enhancement Project (OBEEP).

9. Adopting the recommended outcomes is the first step towards identifying an adaptive, cost effective and sustainable long-term management approach that protects the experiences that the reserve currently provides.

10. The local board’s preferred long-term management option for the reserve, and what the response will be to the pressure of sea-level rise and erosion on the coastal edge, will have a lasting impact on the nature and use of Ōrewa Reserve. The research undertaken by the Parks Services team is intended to ensure that whatever decision is taken, the experiences that the reserve currently provide are protected.

11. Ōrewa Reserve may look different in the future, but if the experiences that make it unique are understood, a strong case can be made to ensure the outcome of potential future projects align with these valued experiences.

12. The Ōrewa Reserve Coastal Hazard Susceptibility Assessment 2020 Update has been completed. This update builds on a previous Tonkin and Taylor Coastal Hazard Assessment (the assessment) commissioned in 2012 and is intended to assist the preparation and selection of future management options, including the appropriate location of infrastructure in response to predicted climate change effects and coastal hazards in the longer term.

13. The assessment confirms Ōrewa Reserve areas considered to be at risk from the combined effects of sea-level rise and erosion over defined periods, to better guide future land management decisions.

Tātaritanga me ngā tohutohu

Analysis and advice

Ōrewa Reserve Values, Experiences and Outcomes

14. The experience provided by Ōrewa Reserve is what attracts visitors and makes it a popular destination for the local community as well as the Auckland region. Understanding the experiences that are provided and how the community values these experiences, enables key outcomes to be identified.

15. These outcomes can then be used as a lens through which future technical management decisions can be viewed. This means that as management options are explored in more detail, those that will not deliver the agreed outcomes can be identified early. This will avoid detailed investigation into options that do not meet community needs.

16. This allows for a more cost-effective design and consultation process.

17. The Parks Services team has gathered data and information in four ways to understand the experiences provided at Ōrewa Reserve, and how they are valued (Attachment B to the agenda report).

Visitor movement analytics (Good Friday 19 April – Friday 26 April 2019)

18. The reserve and beach were divided into sections. Solar-powered cameras were then used to record the path taken and count the number of times visitors moved through each section. If the visitor was on foot, on a bike or using a mobility aid, this was also recorded. This information was then drawn onto aerial photos of the reserve, resulting in maps that indicate the most heavily trafficked areas of the reserve, the direction of travel and if people were on foot, cycling or using a mobility aid.

Example of maps generated from solar powered cameras:

Summary of the visitor movements analytics

· Total visitor movements over the six days surveyed was 47,780

93 % of recorded movements were pedestrians.

· Most recorded movements are people walking along the shoreline.

· One third of all movements on the reserve reflect movements across the reserve accessing or leaving the beach

· The most east to west movements were at the northern end of the reserve where there are stairs to access the beach in line with Riverside Rd.

Time lapse aerial photos using drones (Wednesday 10 April – Tuesday 16 April 2019)

19. Images were captured of the reserve from the same perspective twice a day at 10 am and 3 pm for five days. This footage showed examples of how the reserve was being used through a range of tides, times of day and weather (Attachment B).

20. The images showed more visitors walking or sitting on Ōrewa Beach than using the park assets such as the basketball court and playgrounds. This remained constant throughout the study period, including when the reserve was busy on warmer days where there were people on the grassed areas. Overall, the recreational activity was more pronounced on the sand.

Visitor observation (Thursday 18 April – Friday 26 April 2019)

21. Observations were undertaken over 24 hours by two Parks Services graduates in six blocks of two hours each. They recorded if visitors were undertaking active or passive recreation. They also recorded if the activity was undertaken on the Ōrewa Beach, on Ōrewa Reserve (the grassed areas) or one of the park assets positioned on Ōrewa Reserve.

Visitor behaviour observed over threedays, 8 hours total each day:

Location	Beach	Grass	Asset
Passive	427	54	856
Active	733	150	668

22. Summary of observations:

· high number of people observed using Ōrewa Beach or park assets

· less people observed using the grass

· all observations noted people engaged in more than one activity

· size of the existing path caused issues with users competing for space

· the volleyball court was the least used asset, with the basketball court being used slightly more and the playgrounds easily the most.

Visitor survey (Thursday 18 April- Saturday 25 May 2019)

23. A visitor survey was designed specifically to get feedback on the experiences that attract visitors and what they value most.

24. The analysis of over 400 responses means that the survey was statistically valid. A statistically valid survey is one where the sample size is considered large enough to be reasonably accurate and reliable.

It is noted that the timing of the observations and survey is likely to underrepresent the numbers of people visiting the study area to swim or undertake water sports.

25. Summary of Survey Results

· the top three reasons why people chose to visit Ōrewa Beach/Reserve are that it is

o close to home/local for them (34%),

o a great beach (21%)

o the beautiful environment, scenery, views and setting (21%).

· other notable reasons are.

o playground (16%)

o walking and exercise (14%)

26. The graphs below show a range of activities respondents chose to undertake when visiting Ōrewa Beach and Reserve.

27. When visiting Ōrewa Beach/Reserve, 82% of respondents undertook active activities like walking, running, dog walking.

28. Over half of respondents also undertook passive activities like to picnic, to relax or sit on the beach/reserve. Over half also participated in interactive activities using the playground or fitness equipment or to play basketball or volleyball.

29. Conclusions have been drawn from the data collected about how visitors use Ōrewa Reserve:

i) There is a greater number of visitors to Ōrewa Reserve and beach than was anticipated.

ii) The experiences provided by the interface between Ōrewa Beach and reserve are key to the community choosing to recreate at this location.

iii) The predominant activity undertaken by visitors is active recreation (walking), with comparable numbers undertaking secondary activities of passive recreation (sitting/relaxing) and play on Ōrewa Reserve.

iv) Ōrewa Beach is favoured by visitors undertaking the primary activity of active recreation.

v) Ōrewa Beach is more popular than the grassed areas with visitors undertaking passive recreation.

vi) Most visitors undertaking active recreation on Ōrewa Reserve used the paths.

vii) The playgrounds were the most used assets on Ōrewa Reserve followed by the basketball court.

Proposed outcomes

30. Conclusions drawn from the visitor analytics have been used to identify four outcomes to be sought for Ōrewa Reserve through the development of an adaptive, cost effective and sustainable management approach. The long-term coastal management options that are considered should:

a) Enhance opportunities for beach-related recreational experiences on an extended dry beach.

b) Improve access to the beach along the length of the reserve, to help facilitate beach-related recreational activities, including walking along the beach.

c) Retain current play value within the wider Ōrewa area with particular focus on providing pockets of play experiences for young children on Ōrewa Reserve and basketball/beach volleyball experiences to the south of the reserve.

d) Enhance opportunities for north-south pedestrian and cycling movements along the reserve, which is integrated with the coastal walking/cycling experience throughout the Ōrewa beach setting.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. The Ōrewa Reserve Coastal Hazard Susceptibility Assessment 2020 Update (Attachment A to the agenda report) builds on a previous Tonkin and Taylor coastal Hazard Assessment commissioned by Auckland Council in 2012. This is intended to assist the preparation and selection of future management options, including the appropriate location of infrastructure in response to predicted climate change effects and coastal hazards in the longer term.

32. The assessment confirms reserve areas considered to be at risk from the combined effects of sea-level rise and erosion over defined periods, to better guide future land management decisions.

33. The Areas Susceptible to Coastal Erosion (ASCE) are identified for the present, 50 years and 100 years in Appendix B of Attachment A. Even when there are existing coastal protection measures the hazard zones assume that there are no coastal protection measures in place. This is done because the design life of any structure is shorter than the periods considered by the prediction model.

34. The revised hazard assessment has been commissioned as a requirement of the Auckland Unitary Plan (AUP) which sets out the objectives, policies and methods that allow Auckland Council to meet its obligations under the Resource Management Act 1991 (RMA), including its functions specified in sections 30 and 31 of the RMA. These functions include the avoidance or mitigation of natural hazards.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35. Community Facilities and Technical Services are supportive of the four proposed service outcomes as they provide clear direction for the future of the reserve. The outcomes will guide decision making on the renewal of the exiting assets in the reserve.

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

Local impacts and local board views

36. The Hibiscus and Bays Local Board Plan 2020 mentions this project specifically: Outcome four: Open spaces to enjoy; Key initiative -Continue to advocate to the Governing Body to fund the Ōrewa Beach Esplanade Enhancement Project in the 10-year budget.

37. The local board approved and funded a service assessment to define service outcomes at Ōrewa Reserve as part of their 2019/2020 work programme. The recommended service outcomes listed above represent the culmination of this work.

38. The results of the visitor analytics and the proposed outcomes were presented to the local board at a workshop on 29 August 2019 and on 20 November 2020 in conjunction with the Ōrewa Reserve Coastal Hazard Susceptibility Assessment 2020.

39. The Ōrewa Surf Lifesaving Club is seeking landowner approval and an updated resource consent to enable them to develop a new club facility on Ōrewa Reserve. Parks Services is working closely with the club to ensure they have up to date information on the identified coastal hazards. The club is aware of the work being undertaken to identify the local board’s preferred long-term management approach.

Tauākī whakaaweawe Māori

Māori impact statement

40. The work undertaken by the Parks Services team has been designed to enable meaningful engagement with Iwi by outlining the potential project and how it will deliver on the outcomes identified. The intention is to provide enough information for Iwi to efficiently provide input into the direction of the project before the design process begins.

41. The project will be presented to the North-western area Hui. Iwi will have the opportunity to express interest in the project and indicate how they would like to be involved.

42. It is hoped that working with mana whenua will also allow for outcomes to be identified from a Mātauranga Māori and Te Ao Māori perspective. These outcomes will sit alongside the local board outcomes and will be used to inform the project as it develops.

Ngā ritenga ā-pūtea

Financial implications

43. The service outcomes approach is used to understand how funds may be allocated in the future. Should any projects be initiated then funding will need to be allocated as part of the Community Facilities work programme for detailed investigation and design.

44. Parks, Sport and Recreation departmental Opex funding will enable further development of an adaptive management strategy in financial year 2021/2022.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

45. The recommended outcomes are intended to protect the experiences that Ōrewa Reserve users’ value. As management options are explored in more detail, those that will not deliver the outcomes can be identified early. Therefore, detailed investigation into options that will not meet community needs can be avoided. This allows for a more cost-effective design and consultation process.

46. Experiences and community values have been identified through detailed analysis and observation of how the reserve and beach is being used. If the outcomes are not adopted there is a risk that future management decisions may negatively impact on the experiences that are valued by the community.

47. There is a mix of political and stakeholder interests and complexities. Predicted sea-level rise and climate change mean that a new approach needs to be developed to ensure Ōrewa Reserve continues to provide a quality recreational experience into the future.

Ngā koringa ā-muri

Next steps

48. Ōrewa Beach Reserve Revitalisation pre-planning (SharePoint ID 675) is included in the approved Hibiscus and Bays Local Board Customer and Community Service Work programme 2021/2022 (HB/2021/64).

49. The recommended service outcomes will provide a framework to guide this scheduled work.

50. The proposed activity will develop a robust understanding of a long-term management approach that can deliver key outcomes sought by the local board and mana whenua. This long-term management approach will be adaptive, cost-effective, sustainable, and adhere to guidance provided in the National Coastal Policy Statement.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Coastal Hazards Susceptibility Ōrewa Reserve 2020	17
b ⇩	Ōrewa Reserve visitor analytics	31

Ngā kaihaina

Signatories

Author

Jeff Lyford - Parks Advisor - Rodney

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Lesley Jenkins - Local Area Manager

Hibiscus and Bays Local Board

15 July 2021

Draft proposal to make a new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022

File No.: CP2021/09848

Te take mō te pūrongo

Purpose of the report

1. To seek support on the draft proposal to make a new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls before it is finalised for public consultation.

Whakarāpopototanga matua

Executive summary

2. To enable the local board to decide whether to support a proposal to make a new signs bylaw and associated controls, staff have prepared a draft proposal.

3. The draft proposal is the culmination of decisions by the Regulatory Committee and Board of Auckland Transport on the review of the current Signage Bylaw 2015. These decisions were made at meetings to consider the review’s findings in June 2020 and options in October 2020 and April 2021 and provided direction on the content of the draft proposal.

4. The draft proposal would continue to enable council to manage the problems signs can cause in relation to nuisance, safety, misuse of public places^{^[1]}, the Auckland transport system and environment.

5. The main draft proposals in comparison to the current bylaws about signs are to:

· combine the current Signage Bylaw 2015 and Election Signs Bylaw 2013

· increase the current portable sign prohibited area to cover the entire City Centre Zone

· increase the maximum area of flat wall-mounted signs in the Heavy Industry Zone to 6m² (currently 2.88m² for sale of a property and 5m² for goods, services or events)

· retain the intent of the rules in the current bylaws (unless otherwise stated) in a way that is up to date and more certain

· use a bylaw structure, format and wording more aligned to the Auckland Unitary Plan and current council drafting standards.

6. Staff recommend that the local board support the draft proposal.

7. There is a reputational risk that the draft proposal or the local board’s support do not reflect the views 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.

8. Local board support on the draft proposal will help develop a proposal for the Regulatory Committee to recommend to the Governing Body and for the Board of Auckland Transport. Public consultation is scheduled for September and October 2021, deliberations for March 2022 and a final Governing Body and Board of Auckland Transport decision for April 2022.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) support the draft Statement of Proposal in Attachment A of this agenda report to make a new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls for public consultation.

Horopaki

Context

The draft proposed Bylaw and controls regulate most signs in Auckland

9. The draft proposed new Auckland Council and Auckland Transport Ture ā-Rohe mo nga Tohu 2022 / Signs Bylaw 2022 and associated controls seek to manage the problems signs can cause in relation to nuisance, safety, misuse of public places, Auckland transport system and environment.

10. The draft proposed new bylaw and controls:

· would continue to provide for signs related to activities on the same property as long as they meet certain conditions for their design, construction and duration of display

· would continue to limit signs unrelated to the day-to-day activities on the land it is located (for example signs on footpaths)

· would continue to provide more opportunities to display signs about elections, polls and referendums during an election period that would not normally be allowed

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

· would remain part of a wider regulatory framework^{^[2]}

· must be adopted using a public consultative process and commence before 28 May 2022 to avoid a regulatory gap (the Signage Bylaw 2015 expires on 28 May 2022).

The proposal is the outcome of a statutory review of the current signage bylaw

11. The Regulatory Committee (committee) and Board of Auckland Transport (board) requested staff commence the process to make a new bylaw and controls following a statutory review of the Auckland Council and Auckland Transport Signage Bylaw 2015 (refer diagram below).

2015 Signage Bylaw review process

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

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

13. The local board has an opportunity to support the draft proposal in Attachment A by resolution to the Regulatory Committee and the Board of Auckland Transport before it is finalised for public consultation.

14. The local 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 improves how council manages signs in Auckland

15. The draft proposal makes a new bylaw and controls about signs to better manage the problems signs can cause in relation to nuisance, safety, misuse of public places, Auckland transport system and environment.

16. The table below summarises the main proposals in comparison to the current bylaws:

Main proposals	Reasons for proposals
· To make a new bylaw and associated controls that combine the current Signage Bylaw 2015 and Election Signs Bylaw 2013. · The current bylaws will be revoked.	· reduce confusion from having two bylaws about signs. · clarify intention to provide more opportunities to display election signs during pre-election periods than would otherwise be allowed for a sign that does not relate to activities on the property.
· To increase the current portable sign prohibited area to cover the entire City Centre Zone.	· prioritise the area for pedestrians and place-making activities. · remove potential safety risks, nuisance and clutter. · improve accessibility for mobility and vision-impaired pedestrians.
· To increase the maximum area of flat wall-mounted signs in the Heavy Industry Zone to 6m².	· allow more visible display of information in an area which has a larger built form and a lower priority on amenity values. (current maximum is 2.88m² for sale of a property and 5m² for goods, services or events on a property).
· To retain the intent of the rules in the current bylaws (unless otherwise stated) in a way that is up to date and more certain.	· retain the effect of rules considered to still be appropriate. · ensure rules are current, clear, and easier to understand and comply with.
· To use a bylaw structure, format and wording more aligned to the Auckland Unitary Plan and current council drafting standards.	· ensure rules are easier to understand and comply with. · comply with current council bylaw drafting standards. · assist future reviews of the Auckland Unitary Plan in relation to the most appropriate distribution of sign rules.

The draft proposal complies with statutory requirements

17. The draft new bylaw and controls has been prepared in accordance with statutory requirements to:

· help manage the problems signs can cause in relation to nuisance, safety, misuse of public places, the Auckland transport system and environment

· use a structure, format and wording that are easier to read, understand and comply with than the current bylaws about signs and meet current council bylaw drafting standards

· be authorised by statute, not be 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 other Acts, regulations and bylaws (refer footnote 2).

Staff recommend the local board support the draft proposal

18. Staff recommend that the local board consider whether to support the draft proposal by resolution to the Regulatory Committee and Board of Auckland Transport.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19. 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

20. The draft proposal impacts the operations of several council departments and council-controlled organisations. This includes Auckland Council’s Licencing and Regulatory Compliance Unit and Parks, Sports and Recreation Department, Auckland Unlimited, Panuku and Auckland Transport.

21. Relevant staff are aware of the impacts of the draft proposal and their implementation role, and the proposal is being developed jointly with Auckland Transport.

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

Local impacts and local board views

22. The draft proposal impacts local governance, for example it regulates signs about community events and signs on local facilities and parks.

23. Representative local board views were provided in April 2021 through a joint working group established by the Regulatory Committee and Board of Auckland Transport.^{^[3]} Group members unanimously supported a new bylaw and controls that would be more aligned to the Auckland Unitary Plan and provided suggestions on the detailed content of the Bylaw.^{^[4]}

24. The Regulatory Committee and Board of Auckland Transport considered these views on 20 April 2021 (REG/2021/20) (29/04/2021:18). The committee and board directed staff to draft a new bylaw and controls. Group suggestions on detailed content have been considered in preparing the draft proposal.

25. This report gives the local board an opportunity to provide its support on the draft proposal by resolution to the Regulatory Committee and Board of Auckland Transport.

26. The local board will have further opportunity to provide its views to a bylaw panel on how the panel should address matters raised in public feedback to the proposal related to its local board area.

Tauākī whakaaweawe Māori

Māori impact statement

27. The proposal contributes to the Independent Māori Statutory Board’s Māori Plan for Tāmaki Makaurau and the Auckland Plan 2050’s Māori Identity and Wellbeing outcome by supporting Māori who want to make their businesses uniquely identifiable and visible.

28. The proposal also helps protect all people living in Tāmaki Makaurau from the potential harms and nuisances that signs can cause.

29. People identifying as Māori presented views during the 2015 signage bylaw review. This feedback primarily identified ways to improve inappropriate signage standards. The draft proposal addresses those views by clarifying and updating standards.

30. Staff will 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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32. The following risk has been identified:

If...	Then...	Mitigation
The draft proposal or the local board’s support do not reflect the view of people in the local board area.	There may be negative views about council’s process to develop the proposal.	The local board will have an opportunity to consider any public feedback and provide its formal views to a bylaw panel on how the panel should address the matters raised in the feedback prior to the final decision being made.

Ngā koringa ā-muri

Next steps

33. Staff will present a proposal and any local board support to the Regulatory Committee and Board of Auckland Transport in August 2021.

34. If at any time a joint bylaw is not able to progress, Auckland Council will continue to progress a bylaw for sign-related matters it is responsible for.

35. If the Governing Body of Auckland Council and the Board of Auckland Transport decide to proceed with a joint bylaw, the subsequent steps include public consultation, local board views on public feedback, bylaw panel deliberations and a final decision by the Governing Body of Auckland Council and Board of Auckland Transport (refer to the diagram in Context).

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇨	Attachment A - Draft proposal for new signs bylaw and controls (Under Separate Cover)

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Steve Hickey - Policy Analyst

Authorisers

Paul Wilson - Senior Policy Manager

Lesley Jenkins - Local Area Manager

Hibiscus and Bays Local Board

15 July 2021

Resource management system reform: Natural and Built Environment Bill exposure draft submission

File No.: CP2021/09966

Te take mō te pūrongo

Purpose of the report

1. To provide information and seek local board input on Auckland Council’s upcoming submission on the Natural and Built Environments Act exposure draft.

Whakarāpopototanga matua

Executive summary

2. The Government is undertaking comprehensive reform of the Resource Management Act 1991.

3. Cabinet has agreed to the repeal and replacement of the Resource Management Act 1991 with three pieces of legislation: a Natural and Built Environments Act, a Spatial Planning Act, and a Managed Retreat and Climate Change Adaptation Act.

4. The first area of focus is the proposed Natural and Built Environments Bill. Key aspects of this have been released in an exposure draft which will form the basis of a select committee inquiry. Submissions to the inquiry close on 4 August 2021.

5. The Natural and Built Environments Bill and Spatial Planning Bill are likely to be introduced in early 2022 and are expected to be in place by early 2023.

6. Auckland Council will make a submission on the Natural and Built Environments Bill and local board input is being sought on this submission, closing on 26 July 2021.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a) provide feedback on the Natural and Built Environments Act exposure draft for inclusion in the Auckland Council submission, noting that feedback is required by the close of business on 26 July 2021.

Horopaki

Context

Resource management system reform

7. The Government is undertaking a comprehensive reform of the resource management system.

8. The first stage of this reform was a review which started in 2019 by The Resource Management Review Panel (the Panel). The Panel reported back to the Minister for the Environment in June 2020 in its report New Directions for Resource Management in New Zealand. The report set out a proposed future resource management system, including indicative drafting of legislation for key provisions.

9. Through this the council arrived at various positions through its submission to the Panel which staff will use to guide submission development on the next stages of reform.

10. After receiving the Panel’s report, Cabinet decided to proceed with Resource Management Act 1991 (RMA) reform largely modelled on the Panel’s recommendations.

11. Cabinet agreed to the following objectives for reform:

· protect and where necessary restore the natural environment, including its capacity to provide for the wellbeing of present and future generations

· better enable development within environmental biophysical limits including a significant improvement in housing supply, affordability and choice, and timely provision of appropriate infrastructure, including social infrastructure

· give effect to the principles of Te Tiriti o Waitangi and provide greater recognition of te ao Māori, including mātauranga Māori

· better prepare for adapting to climate change and risks from natural hazards, and better mitigate emissions contributing to climate change

· improve system efficiency and effectiveness, and reduce complexity, while retaining appropriate local democratic input.

12. Cabinet agreed to the repeal and replacement of the RMA with three pieces of legislation (names may be subject to change):

· The Natural and Built Environments Act (NBA) to provide for land use and environmental regulation (this would be the primary replacement for the current RMA)

· The Strategic Planning Act (SPA) to integrate with other legislation relevant to development (such as the Local Government Act and Land Transport Management Act) and require long-term regional spatial strategies

· The Managed Retreat and Climate Change Adaptation Act (CAA) to enable and address issues associated with managed retreat and funding and financing adaptation.

13. It is intended that the NBA and SPA be introduced to Parliament in by early 2022, with their passage through the house likely to take around a year.

The NBA exposure draft and Select Committee Inquiry Process

14. This exposure draft of the NBA has been released to enable early public engagement on some aspects of the proposed legislation and inform the development of the final bill. This will be conducted through a select committee inquiry.

15. The purpose of the inquiry is to provide feedback on the extent to which the provisions in the exposure draft of the Natural and Built Environments Bill will support the resource management reform objectives stated in paragraph 10.

16. The scope of the select committee inquiry is limited to:

· matters covered by the exposure draft or in the support material

· collating a list of ideas for making the new system more efficient, more proportionate to the scale and/or risks associated with given activities, more affordable for the end user, and less complex, compared to the current system.

17. There are many aspects of the final NBA which are not in the exposure draft. The council will have an opportunity to submit on these matters when the final NBA bill is introduced in early 2022. These matters include:

· process to develop the National Planning Framework

· consenting

· existing use rights

· allocation of resources, and economic instruments

· compliance, monitoring and enforcement

· water conservation orders

· heritage orders

· designations

· subdivision

· transitional provisions

· provision for urban design, including urban tree cover

· the function and roles of Ministers and agencies, as well as regional councils and territorial authorities in the system.

18. The inquiry is open for public submission with a closing date of 4 August 2021. The select committee will report back to the Minister for the Environment by 18 October 2021.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of the Natural and Built Environments Act exposure draft

19. The exposure draft contains the proposed clauses relating to:

· key definitions

· purpose and related provisions (including the concept of Te Oranga o te Taiao)

· Te Tiriti o Waitangi

· environmental limits including their purpose and key requirements

· environmental outcomes which the National Planning Framework and all Natural and Built Environments Plans must promote

· implementation principles

· aspects of the Natural and Built Environments Plans (NBEPs) including what they are to contain and the nature of the committees which are proposed to develop them. These plans would take place at a regional level and replace current land use environmental plans e.g. the Auckland Unitary Plan.

· aspects of the National Planning Framework (NPF) including what outcomes must be covered by it, and the mechanism for its development. This framework would replace the current system of national direction (e.g. National Policy Statements and National Environmental Standards).

20. A parliamentary paper is also provided that provides rationale for the clauses in the exposure draft.

Purpose and related provisions

21. The exposure draft proposes the purpose of the act as to enable:

· Te Oranga o te Taiao to be upheld, including by protecting and enhancing the natural environment

· people and communities to use the environment in a way that supports the well-being of present generations without compromising the well-being of future generations.

22. In this context the concept Te Oranga o te Taiao is suggested to incorporate:

· the health of the natural environment

· the intrinsic relationship between iwi and hapū and te taiao

· the interconnectedness of all parts of the natural environment

· the essential relationship between the health of the natural environment and its capacity to sustain all life.

23. According to the support material Te Oranga o te Taiao is intended to be connected to, and supported within, other NBA provisions that provide for the better alignment of the relationship management to Te Tiriti o Waitangi and te ao Māori. This includes environmental outcomes and implementation principles.

24. Wellbeing is defined to encompass the four well-beings, and the environment is defined to include the natural environment as well as people and communities and the built environment they create.

25. The proposed purpose largely aligns with the council’s submission to the Panel.

Principles of Te Tiriti o Waitangi

26. The exposure draft’s proposed Principles of Te Tiriti o Waitangi clause requires that any person exercising functions or powers under that act must give effect to the principles of te Tiriti o Waitangi. This is stronger than the current RMA equivalent which requires the principles to be taken into account. The proposed clause reflects the council’s submission to the Panel.

27. The supplementary information states that it is intended that the NBA would contain direction and guidance as to how this clause is to be implemented. This could be an area for feedback in the council’s submission.

Environmental limits

28. Environmental limits prescribe the minimum standards of the system to protect the ecological integrity of the natural environment and/or human health.

29. Limits (either in terms of a minimum state or the maximum allowable harm of stress permitted) are required for air; biodiversity, habitats, and ecosystems; coastal waters; estuaries; freshwater; and soil. These limits could be different for different locations or circumstances.

30. Limits can be either qualitative or quantitative and will be either prescribed through the NPF or through NBEPs.

31. The exposure draft’s clauses relating to environmental limits largely align with council’s submission in the matters it covered and the requirement for a precautionary approach.

Environmental Outcomes

32. These outcomes must be promoted by the National Planning Framework and all Natural and Built Environments Plans.

33. Given their importance in the new system the proposed outcomes in the draft exposure draft will be a key focus for council’s submission.

34. They cover outcomes related to:

· the quality of air, freshwater, coastal waters, estuaries, and soils

· ecological integrity

· outstanding natural features and landscapes

· areas of significant indigenous vegetation and significant habitats of indigenous fauna

· access and character of the coast, lakes, rivers, wetlands, and their margins

· the relationship of iwi and hapū, and their tikanga and traditions, with their ancestral lands, water, sites, wāhi tapu, and other taonga

· the mana and mauri of the natural environment

· cultural heritage, including cultural landscapes

· protected customary rights

· greenhouse gas emissions

· urban areas

· housing supply

· rural areas

· infrastructure services

· natural hazards and climate change.

35. These outcomes go further than the current RMA’s equivalent (matters of national importance and other matters) particularly by including the mana and mauri of the natural environment, cultural landscapes, climate change mitigation, urban areas and housing supply, rural areas, and provision of infrastructure services.

Key clauses for the National Planning Framework

36. The NPF will include and replace existing forms of national direction and combine their existing functions and powers. This approach was supported by council’s submission to the Panel.

37. Its purpose will be to provide integrated direction on matters of national significance or where consistency nationally or across parts of New Zealand would be desirable.

38. The National Planning Framework will:

· prescribe environmental limits or enable plans to do so

· set out provisions directing the following outcomes: the quality of air, freshwater, coastal waters, estuaries, and soils; ecological integrity; outstanding natural features and landscapes; areas of significant indigenous vegetation and significant habitats of indigenous fauna; greenhouse gas emissions; urban areas; housing supply; rural areas; infrastructure services; and natural hazards and climate change

· contain provisions to help resolve conflicts relating to the environment, including conflicts between or among any of the environmental outcomes.

39. In doing the above it must include strategic goals such as the vision, direction, and priorities for the integrated management of the environment within the environmental limits; and how the well-being of present and future generations is to be provided for within the relevant environmental limits.

40. The NPF may also include provisions on any other matter that accords with the purpose of the national planning framework.

41. The process for the preparation of the NPF is not provided in the exposure draft. The supporting material suggests that this could take several forms such as a board of inquiry or independent panel with a simplified process for less significant matters, or there could be a standing independent body to maintain consistency and integration.

42. The support material states that the eventual process is intended to provide for:

· a role for iwi, hapū and Māori that gives effect to the principles of Te Tiriti

· effective and proportionate public consultation

· appropriate evidence and technical expertise including mātauranga Māori, and independent advice

· opportunities for early engagement with decision-makers, including local government

· robust evaluation and analysis

· consideration of the precautionary approach, integrated management, cumulative effects, and the purpose of the Act.

43. The support material acknowledges the need for further work to determine the role for iwi, hapū and Māori in the process and substance of the NPF.

Implementation principles

44. The exposure draft contains placeholder language on the principles that people who are in involved in the system must follow.

45. The current principles cover integrated management of the environment; kawa, kaitiakitanga, and mātauranga Māori; public participation; participation by iwi and hapū; authority and responsibility of each iwi and hapū to protect and sustain the health and well-being of te taiao; cumulative effects; and the precautionary approach.

Key clauses for the Natural and Built Environments Plans

46. Cabinet agreed that regulatory planning be conducted at a regional level through a single plan. This would see around 14 plans created nationally and would be similar in nature to the current Auckland Unitary Plan (AUP) which combines the functions of regional and district plans. Plans would be subject to an independent hearings panel (IHP) process in line with the development of the AUP.

47. The exposure draft proposes that the purpose of plans would be to further the purpose of the Act by providing a framework for the integrated management of the environment in the region that the plan relates to.

48. The supplementary information makes it clear that the government is still considering the best approach to plan preparation and decision making. In the absence of a clear policy preference the exposure draft adopts the Panel’s approach of permanent bodies made up of one member from each local authority of the region, a number of mana whenua representatives, and one representative of the Minister of Conservation reflecting their interests in relation to the Coastal Marine Area.

49. The supplementary material sets out the following matters relating to committees where they are seeking specific feedback:

· size and scope of the committees (e.g. whether all councils are represented, whether the size of the committee varies by region, proportionality of membership between central and local government and mana whenua, and whether there is an optimal size for efficiency)

· local authority membership (e.g. whether there are elected members, experts or officials, and the selection method)

· mana whenua membership (e.g. selection method and the approach to representation)

· number of local authorities and mana whenua members (e.g. whether the same in all regions for all issues)

· how the planning committee secretariat will be funded (noting the Panel’s recommended approach was for local authorities to fund the secretariat)

· legal status of planning committees.

50. The exposure draft is silent on who would chair these planning committees and method of appointment. The panel recommended that these committees would be fully autonomous meaning their decisions would not be subject to further approval from local authorities, with local authorities able to submit on the plans to the IHP.

51. There may be some matters for which local authorities would also carry out local planning for, although the exposure draft is not clear on these matters or the process for doing this.

System efficiencies

52. The support material includes a list of examples of how the system could be more efficient and less complex. The select committee is invited to add to this list and council could provide suggestions as part of its submission.

Further material

53. The exposure draft and support material can be found here: https://environment.govt.nz/publications/natural-and-built-environments-bill-parliamentary-paper-on-the-exposure-draft/

54. Further information and summary documents on resource management system reform can be found here: https://environment.govt.nz/what-government-is-doing/areas-of-work/rma/resource-management-system-reform/

Tauākī whakaaweawe āhuarangi

Climate impact statement

55. The proposed decisions this report seeks are procedural and do not have any direct impacts on climate change.

56. The Panel’s report paper acknowledges addressing climate change challenges as being a key consideration in future-proofing our resource management system.

57. A reformed resource management system is expected to significantly impact Auckland Council’s roles and responsibilities as Auckland prepares for and is more adapted to the effects of climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

58. Relevant council departments and council-controlled organisations have been identified and contributions will be sought from them in developing the council group’s response to the NBA exposure draft.

59. The potential impacts on the council group and activities will become clearer once the NBA, SPA, and CAA are introduced in bill form.

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

Local impacts and local board views

60. Local board views are being sought during the development of council’s submission and will be reported back to the Planning Committee. Local board resolutions will be included as part of council’s submission.

Tauākī whakaaweawe Māori

Māori impact statement

61. The decisions this report seeks do not directly impact on Māori, however both the resource management system review and specific issues likely to be covered in the NBA exposure draft are likely to be of significant interest to and have a significant impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

62. The submission can be developed within existing budget provision and as part of business as usual central government advocacy activity.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

63. No risks related to the local board input into this process have been identified.

Ngā koringa ā-muri

Next steps

64. Local board resolutions on the NBA exposure draft will be included in the Auckland Council submission on this matter.

65. The NBA exposure draft is likely to be introduced in early July with an expected submission period of four weeks.

66. The SPA and NBA are likely to be introduced in December 2021 or early in 2022 and their progress through the house is likely to take around a year. This will include the usual opportunity to submit to the select committee.

67. The CAA will be introduced at some point in the first half of 2022 and will also involve a select committee submission opportunity.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Mark Macfarlane - Senior Policy Advisor

Authorisers

Louise Mason - GM Local Board Services

Helgard Wagener - Acting Policy and Planning Manager

Lesley Jenkins - Local Area Manager

No.	Title	Page
a ⇩	Member report A Popplebaum	59
b ⇩	Member report A Dunn	61

No.	Title	Page
a ⇩	Workshop record 24 June	65
b ⇩	Workshop record 8 July	67

No.	Title	Page
a ⇩	Governance forward work calendar	71

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

[3] Local board representatives were Margi Watson (Albert-Eden Local Board) and Mike Turinsky (Howick Local Board)

[4] Suggestions included: retaining the current size of signs advertising commercial sexual services in non-residential areas as there is insufficient evidence to justify a change; requiring council event signs to meet the Bylaw’s standards; clarifying requirements for landowner approval and the definition of community event; clarifying how election signs are regulated between parliamentary and local elections, and within and outside of the election period..

Chairperson	Gary Brown
Deputy Chairperson	Victoria Short
Members	Andy Dunn
	Janet Fitzgerald, JP
	Gary Holmes
	Julia Parfitt, JP
	Alexis Poppelbaum
	Leanne Willis

Author	Louise Healy - Democracy Advisor
Authoriser	Lesley Jenkins - Local Area Manager