Agenda of Henderson-Massey 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.

The following are declared interests of elected members of the Henderson-Massey Local Board.

Member

Organisation

Position

Brenda Brady, JP
(Deputy Chair)

- Safer West Community Trust

Trustee

Chris Carter

- St Lazarus Trust

- Waitemata District Health Board

- Waitakere Badminton Club

Member

Peter Chan, JP

- Cantonese Opera Society of NZ

- Asian Leaders Forum

- NZ-Hong Kong Business Association

- NZ-China Business Association

- Auckland Chinese Environment Protection Association (ACEPA)

- Whau Coastal Walkway Trust

Member

Advisor

Trustee

Matt Grey

- West Auckland Youth Development Trust

- Billy Graham Youth Foundation

Director

Board Member

Dr Will Flavell

- Asia New Zealand Leadership Network

- COMET

- Te Atatū Tennis Club

- Waitākere Literacy Board

Member

Employee

Board Member

Brooke Loader

- Waitākere Licensing Trust

- Te Atatu Peninsula Business Association

- Neighbourhood Support

- Te Atatu Glendene Community Patrol

Member

Associate Member

Member

Volunteer

Vanessa Neeson
(Chair)

- Ranui Advisory Group

Member

Chairperson

Ingrid Papau

- Liberty Impact Community Trust

- #WeLoveTuvalu Community Trust

- Liberty Church

- Board of Trustees (Rutherford Primary School)

Board Member

Member

Member appointments

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

External organisation	Leads	Alternate
Central Park Henderson Business Association	Brenda Brady and Brooke Loader
Heart of Te Atatu South	Brenda Brady and Brooke Loader
Massey Matters	Will Flavell and Peter Chan
Ranui Advisory Group	Vanessa Neeson (Chair) and Ingrid Papau
Te Atatu Peninsula Business Association	Peter Chan and Ingrid Papau
Waitakere Ethnic Board	Ingrid Papau and Peter Chan
Waitakere Healthlink	Peter Chan	Chris Carter
Te Whau Pathway Trust	Matt Grey and Brenda Brady

4 Confirmation of Minutes

That the Henderson-Massey Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 15 June 2021, as true and correct.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Henderson-Massey 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 Depututations: Doughnut Economics Advocates NZ - concept of repair cafes

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Doughnut Economics Advocates NZ (DEANZ).

Whakarāpopototanga matua

Executive summary

2. Wendy Watson-Ekstein, Repair Cafes Project Manager and Board Member of DEANZ and James Watson, Chair of DEANZ will be in attendance to present on the concept of Repair Cafes.

3. A repair cafe is an event where people bring their broken/damaged belongings e.g. electric toasters, lamps etc. Local experts sit down with them and do their best to repair them. It's about bringing people together, connecting local people in their communities with others who are happy to share their skills and knowledge, saving people money and reducing the amount of material that ends up in our landfills.

4. Doughnut Economics is a concept that was started by an Oxford University academic Kate Raworth. The aim is for the planet to live within sustainable environmental boundaries while meeting essential social needs. DEANZ was formed to help create positive change in New Zealand.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation on the concept of repair cafes and thank Wendy Watson-Ekstein, and James Watson, on behalf of Doughnut Economics Advocates NZ, for their attendance.

8.2 Deputations: Matua Jeff Ruha - Te Marae o Te Kōtuku

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Matua Jeff Ruha.

Whakarāpopototanga matua

Executive summary

2. Matua Jeff Ruha, HOD of Te Ao Māori at Rutherford College will be in attendance to present on creating a partnership with the Marae.

3. Rutherford Marae Te Kōtuku has been in action since 1983 and has many success stories of the rangatahi. Te Marae o Te Kōtuku is currently the only marae that kahui ako can call their turangawaewae

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive a presentation on creating a partnership with Te Marae o Te Kōtuku and thank Matua Jeff Ruha for his attendance.

8.3 Deputations: Waitakere BMX Club - activities update

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Waitakere BMZ.

Whakarāpopototanga matua

Executive summary

2. Chris Manning on behalf of Waitakere BMX Club will be in attendance to provide an update of the Waitakere BMX Club activities.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation on the Waitakere BMX Club activities and thank Chris Manning for his attendance.

8.4 Deputations: Niutao Community Trust - update

Te take mō te pūrongo

Purpose of the report

1. To receive a deputation from Niutao Community Trust.

Whakarāpopototanga matua

Executive summary

2. Malama T-Pole, on behalf of the Niutao Community Trust, will be in attendance to provide an update on the organisation’s activities.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the presentation on the Niutao Community Trust’s activities and thank Malama T-Pole for her 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.

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

10 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

Henderson-Massey Local Board

20 July 2021

Hearing Panel recommendations following the hearing of an objection to a proposed community lease to Sport Waitakere Trust, 545 Don Buck Road, Massey

File No.: CP2021/10181

Te take mō te pūrongo

Purpose of the report

1. To receive the recommendations of the Hearing Panel following the hearing of an objection to a proposed community lease to Sport Waitakere Trust, 545 Don Buck Road, Massey.

2. To approve staff’s recommendations to allow any applicant who has an interest in the site at 545 Don Buck Road, Massey to express an interest and submit an application.

Whakarāpopototanga matua

Executive summary

3. In September 2020, the Henderson-Massey Local Board and Auckland Council publicly notified the proposal to grant a community lease to Sport Waitakere Trust and invited submissions or objections from persons with an interest in the proposal.

4. Following public notification, two submissions were received, one objection from Niutao Community Trust and one submission from Sport Waitakere Trust in support of the proposed community lease. Both submitters requested to be heard.

5. A hearing of submissions was held on 29 March 2021 in the Council Chamber, 6 Henderson Valley Road, Henderson.

6. The Hearing Panel consisted of independent hearing commissioner David Hill (Chair), Local Board members Greg Presland (Chair, Waitakere Ranges Local Board) and Kay Thomas (Chair, Whau Local Board) who were appointed to hear the two submissions and make recommendations to the Henderson-Massey Local Board.

7. The Hearings Panel recommended that the two submitters to the hearing be asked to resubmit their applications based on revised assessment criteria.

8. To ensure fairness and transparency, staff recommend any applicant who wishes to express an interest in the site, has the opportunity to submit an application using the criteria and weightings to assess the new or revised applications.

9. The report recommends Henderson-Massey Local Board receive the recommendations made by the Hearing Panel on 29 March 2021 and approve staff recommendations to allow any applicant who has an interest in the site at 545 Don Buck Road, Massey to express an interest and submit an application.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) receive the recommendations made by the Hearing Panel on 29 March 2021 (Attachment A)

b) approve the staff recommendations to:

i) provide the opportunity for any applicant to submit an expression of interest application based on full disclosure of the criteria and weightings used in assessing those applications

ii) invite any applicant to submit their expression of interest applications accordingly

iii) receive a final recommendation from council staff for the ex-Massey Library space community lease, and associated terms, based on an evaluation of those same disclosed criteria; and

iv) make a final determination on the matter accordingly.

c) allow staff to implement the recommendations made by the Hearing Panel, allow any applicant to submit an expression of interest application and provide additional information if required to the board as in the Next Steps portion of this report.

Horopaki

Context

10. This report considers the recommendations made by the Hearing Panel for the proposed community lease to Sport Waitakere Trust, 545 Don Buck Road, Massey.

11. The Henderson-Massey Local Board is the allocated authority relating to local, recreation, sport and community facilities, including licence and lease matters.

Tātaritanga me ngā tohutohu

Analysis and advice

The site

12. The proposed leased area is known as the ex-Massey Library space and is part of the council owned Massey Leisure Centre and Library, 545 Don Buck Road, Massey.

13. The Massey Leisure Centre is managed by YMCA who are a facility-based service organisation operating across multiple sectors including youth, sports, recreation, outdoor education, accommodation, out of school care and early childhood education.

14. The ex-Massey Library space is approximately 939m2 and is mainly open plan with a smaller area providing separate offices. It has structural pillars throughout, multi-level floors and exposed ceiling trusses. The basic kitchen and toilets are shared with the YMCA and members of the public who may utilise the facility on an ad-hoc basis.

15. The land is described as Lot 1 Deposited Plan 174335 comprising approximately 1.9 hectares and is currently held in fee simple by the Auckland Council under the Local Government Act 2002.

Expressions of Interest Process

16. On 26 September 2019, Auckland Council invited expressions of interest from community groups and organisations interested in leasing the ex-Massey Library space.

17. All applications were discussed with the Henderson-Massey Local Board at workshops held between February 2020 and June 2020.

18. On 18 August 2020, the Henderson-Massey Local Board approved subject to public notification, the granting of a new community lease to Sport Waitakere Trust.

19. Following public notification, two submissions were received and requested to be heard. A hearing of submissions was held on 29 March 2021.

20. Following on from the hearing, the hearings panel concluded that the two applicants who expressed an interest in the ex-Massey Library space were not provided with the assessment matrix and weightings in advance of making their applications and the score sheets were not provided. Applicants may not have fully understood how their applications were to be evaluated and were therefore unable to provide information in their applications to fully inform the assessment process. This raised questions of transparency and fairness.

21. Based on the hearings panel recommendations and to ensure fairness and transparency, staff recommend any applicant has the opportunity to express an interest and submit an application based on disclosure of the criteria to be assessed and the weightings to be used in assessing the new or revised applications.

Public notification

22. As the land located at 545 Don Buck Road, Massey is not a park or reserve, no consultation or public notification is required for the board’s decision under Section 138 of the Local Government Act 2002.

Tauākī whakaaweawe āhuarangi

Climate impact statement

23. The recommendation of this report has no climate impact.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. This recommendation has no identified impact on other parts of the council group. The views of council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

25. The Hearing Panel has heard and considered the submissions from the objector (Niutao Community Trust) and supporter (Sport Waitakere Trust) and has made recommendations to the Henderson-Massey Local Board.

Tauākī whakaaweawe Māori

Māori impact statement

26. The recommendations of this report will have no direct impact on Māori.

Ngā ritenga ā-pūtea

Financial implications

27. There are no costs associated with considering the recommendations of the Hearing Panel.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. There are no further risks and mitigations associated with considering the recommendations of the Hearing Panel.

Ngā koringa ā-muri

Next steps

29. Subject to the Henderson-Massey Local Board receiving the recommendations from the Hearing Panel, council staff will:

i) prepare criteria and weightings to re-assess applications

ii) send the criteria and weighting information to all applicants to enable the groups to assess if their submitted application provides sufficient information to be assessed against the criteria provided, or if they wish to submit additional or alternative information.

iii) receive and re-assess all applications

iv) workshop and report the findings to the Henderson-Massey Local Board for consideration.

v) report to the Henderson-Massey Local Board following the workshop consideration for approval to grant a lease to a suitable occupant.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Hearing Report and Recommendations (29 March 2021)	17

Ngā kaihaina

Signatories

Authors

Michelle Knudsen - Lease Advisor

Authorisers

Taryn Crewe – General Manager, Community Facilities

Adam Milina - Local Area Manager

Henderson-Massey Local Board

20 July 2021

Henderson-Massey Shade and Shelter Provision

File No.: CP2021/08718

Te take mō te pūrongo

Purpose of the report

1. To adopt of the Henderson-Massey Local Board shade and shelter provision assessment June 2021 (Attachment A).

Whakarāpopototanga matua

Executive summary

2. As part of the Parks, Sport and Recreation 2020/2021 work programme, the Henderson-Massey Local Board commissioned an assessment of both existing and potential future provision of shade and shelter throughout the local board area (Attachment A).

3. This assessment will support the local board to prioritise investment into shade and shelter across its local board area. Improving the provision of shade and shelter will improve the user experience and encourage users to stay in parks for longer.

4. The investigation involved mapping and analysis of current provision, development of provision principles, development of design principles and identification of shade and shelter opportunities.

5. Shade and shelter principles are aligned to three categories:

1. Shade for play spaces,

2. Shade for other recreational facilities,

3. Significant shelters.

6. Opportunities have been prioritised to assist the Henderson-Massey Local Board to target investment. Identified opportunities are high level and will require further site- specific feasibility.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) adopt the Henderson-Massey Local Board shade and shelter provision assessment June 2021 (Attachment A on the agenda report).

Horopaki

Context

7. The Henderson-Massey Local Board approved the Parks, Sport and Recreation Work Programme 2020/2021 at a business meeting on 18 August 2020. The programme included a review of the service provision of natural and artificial shade in open space areas in the Henderson-Massey Local Board area.

8. The provision assessment (Attachment A) is a network assessment which considers provision principles (why to invest) and identifies opportunities (how/where to invest) as well as design principles.

9. The key service provision principles fundamental to the assessment are aligned to three categories. The principles for each category are summarised below and can be found in Attachment A (pages 12-14).

Shade for play spaces (Attachment A page 12)

· Encourage personal/parental responsibility for protection from UVR

· Locate new play spaces under existing trees

· Consider natural shade solutions

· Consider permanent or demountable shade at destination and suburb play spaces

· Prioritisation of shade provision for passive play areas

· Incorporate shade into the design of the play structure

· Promote the use of non-reflective materials in and around play spaces.

Shade for other recreational facilities (Attachment A page 13)

· Encourage personal/parental responsibility for protection from UVR

· Locate new facilities under existing trees

· Prioritise shade provision for informal recreation areas that are used continuously

· Promote the use of trees for shade

· Provision of permanent or demountable shade where there is a high, sustained level of use by children and adolescents (most at risk from UVR exposure)

· Provision of temporary shade structures for community events.

Significant shelters (Attachment A page 14)

· Consider providing permanent significant shelters that accommodate multiple users, are located with supporting infrastructure, have sufficient space and avoid conflict with neighbours and other park users

· Consider trialing a temporary shelter to determine the level of use and appropriateness of a location prior to investing in a permanent structure

· In order to maximise use of any built shelter, ensure formal programming/booking by council and/or a community group

· As budget allows, consider smaller permanent structures for areas with a high level of use, with average duration of use of one hour or greater. In addition, consider locations where the provision of shelter from sun and rain would significantly enhance recreational use

· Work with local schools that have weatherproof covered outdoor recreation areas to facilitate shared use outside of school hours.

Tātaritanga me ngā tohutohu

Analysis and advice

10. The provision of shade and shelter structures in the Henderson-Massey Local Board area is currently inconsistent.

11. Demountable shade is provided at three playgrounds: Hart Domain, Royal Reserve and Kopupaka Reserve. A shade structure is provided over the skate park waiting area at Te Pai Park. There are permanent shelters provided over other assets at several parks. Most of these shelters are provided over seating areas.

12. A number of shelters were constructed through residential developments, such as those in Te Atatū Peninsula that provide a character to the suburb. Shade and shelter provision is more prevalent in more recent larger scale park development projects. Existing shade is summarised in Table 1, page 8, of Attachment A.

13. The development of provision principles provides a holistic view of where shade and shelter should be provided. This will provide the local board with guidance on where to invest in shade and be used to identify new shade and shelter opportunities.

14. In accordance with the provision principles, it is proposed to provide demountable shade sails at the following playgrounds: Glendene Reserve, Henderson Valley Park, Moire Park, Starling Park, Taipari Strand and Triangle Park.

15. It is proposed to provide permanent shelters for a picnic area at Harbourview-Orangihina Park and to complement the BBQ picnic area at Tui Glen Reserve.

16. If the local board wish to invest in the provision of significant shelter structures, two suitable parks have been identified: Harbourview-Orangihina Park and/or Tui Glen Reserve. Both of these reserves have supporting infrastructure to facilitate multi-use.

17. A number of reserves have been identified for additional shade and shelter through additional tree planting. Tree planting can be undertaken via the Urban Ngahere Action Plan, in future arboricultural programmes or aligned to projects scheduled in the reserve. (e.g. playground renewals).

18. The design principles will guide tree shade, demountable shade and permanent shade structures to ensure they are fit for purpose and provide the desired outcomes. Community Facilities will receive a copy of the adopted shade and shelter provision assessment to inform future development and design.

19. Subject to local board approval, the opportunities outlined in the assessment will be investigated further by the Community Facilities team, as funding becomes available and as projects are programmed.

Tauākī whakaaweawe āhuarangi

Climate impact statement

20. The Henderson-Massey Urban Ngahere Action Plan aims to increase canopy cover in the local board area by 3-4 per cent by 2030. This increase would contribute to the goal of achieving a 30 per cent regional canopy cover increase by 2050. Canopy cover for the Henderson-Massey Local Board area was 15 per cent in 2018. The action plan identifies a number of locations for new tree planting. Planting locations around play spaces are listed in the shade and shelter report along with some additional sites identified for tree planting. Refer to Attachment A, pages 46-48.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21. Community Facilities has provided feedback on the assessment and have contributed to the development of shade and shelter provision principles, design principles and identification of opportunities.

22. Subject to local board approval, Community Facilities staff will include further investigation of identified opportunities in future work programmes.

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

Local impacts and local board views

23. This project aligns to two Henderson-Massey Local Board Plan 2020 outcomes:

Outcome one: Henderson-Massey is a great place to live, work and play.
Key initiative: Provide more drinking fountains and natural and artificial shade in parks and playgrounds.

Outcome four: Everyone contributes to building resilience and living sustainably.
Key initiative: Increase the number of trees in parks and around play spaces that provide natural shade.

24. In February 2021 an initial Henderson-Massey Local Board workshop was held to discuss the provision principles. The members supported the proposed provision principles.

25. The draft document was further workshopped in April 2021. There was positive feedback on the draft document and the identified opportunities to improve shade and shelter provision. The document has since been finalised.

Tauākī whakaaweawe Māori

Māori impact statement

26. Mana whenua will be engaged to provide input into the planning and design stages of all future development works.

Ngā ritenga ā-pūtea

Financial implications

27. Locally Delivered Initiatives (LDI) investment will be required to initiate projects identified within the assessment. Staff will work with Community Facilities to identify possible opportunities for funding as part of the future OPEX and CAPEX work programmes. Future work programmes will be discussed with the local board prior to their adoption.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. There is an inherent risk in allocating funding to investigation and design that may initiate projects when there is no capital funding identified to deliver the physical work components.

29. The investigation and design phase of project delivery may identify issues that require the feasibility of each opportunity to be reassessed.

Ngā koringa ā-muri

Next steps

30. Following the adoption of the Henderson-Massey shade and shelter provision assessment, the assessment will be used to inform the Community Facilities future work programme to progress and investigate the opportunities as funding and programming allows.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Henderson-Massey shade and shelter provision assessment June 2021	29

Ngā kaihaina

Signatories

Authors

Tracey Hodder - Parks & Places Specialist

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Adam Milina - Local Area Manager

Henderson-Massey Local Board

20 July 2021

Draft proposal to make a new Signs Bylaw

File No.: CP2021/09861

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, deliberations for March 2022 and a final Governing Body and Board of Auckland Transport decision for April 2022.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey Local Board:

a) support the draft Statement of Proposal in Attachment A (of the 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 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 ⇩	Draft proposal for new signs bylaw and controls	87

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Steve Hickey - Policy Analyst

Authorisers

Paul Wilson - Senior Policy Manager

Adam Milina - Local Area Manager

Henderson-Massey Local Board

20 July 2021

PDF Creator

Henderson-Massey Local Board

20 July 2021

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

File No.: CP2021/09947

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

2. The Government is undertaking comprehensive reform of the Resource Management Act (RMA).

3. Cabinet has agreed to the repeal and replacement of the RMA 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 on 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 Bill and local board input into that submission is sought, closing on 26 July 2021.

Ngā tūtohunga

Recommendation/s

That the Henderson-Massey 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 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 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 NPF 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

Authors

Mark Macfarlane - Senior Policy Advisor

Authorisers

Louise Mason - GM Local Board Services

Helgard Wagener - Acting Policy and Planning Manager

Adam Milina - Local Area Manager

No.	Title	Page
a ⇩	Governance forward work programme - July 2021	237

No.	Title	Page
a ⇩	Henderson-Massey Local Board workshop notes for 1, 8 and 22 June 2021	241

[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	Vanessa Neeson, JP
Deputy Chairperson	Brenda Brady, JP
Members	Chris Carter
	Peter Chan, JP
	Dr Will Flavell
	Matt Grey
	Brooke Loader
	Ingrid Papau

Authors	Brenda Railey - Democracy Advisor
Authorisers	Adam Milina - Local Area Manager

Authors	Tracey Wisnewski - Local Board Advisor
Authorisers	Adam Milina - Local Area Manager