Agenda of Manurewa Local Board - Thursday, 15 July 2021

A board member will lead the meeting in prayer.

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 Manurewa Local Board:

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

8.1 Deputation - Mary Bartlett

Te take mō te pūrongo

Purpose of the report

1. Mary Bartlett will speak to the board about the condition of the footpaths, stormwater and maintenance of street trees in The Gardens.

Ngā tūtohunga

Recommendation/s

That the Manurewa Local Board:

a) thank Mary Bartlett for her presentation and attendance.

8.2 Deputation - Speeding Traffic - Manurewa Community Corrections

Te take mō te pūrongo

Purpose of the report

1. Joyce Leevard and Neil Van Zyl from Manurewa Community Corrections will speak to the board about the increasing number of vehicles speeding on Beatty Avenue in Manurewa, which is causing a significant hazard to the safety of staff and clients visiting the site.

Ngā tūtohunga

Recommendation/s

That the Manurewa Local Board:

a) thank Joyce Leevard and Neil Van Zyl for their presentation and 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.”

Manurewa Local Board

15 July 2021

Draft proposal to make a new Signs Bylaw

File No.: CP2021/09853

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 Manurewa 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 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	21

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Steve Hickey - Policy Analyst

Authorisers

Paul Wilson - Senior Policy Manager

Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Manurewa Local Board

15 July 2021

PDF Creator

Manurewa Local Board

15 July 2021

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

File No.: CP2021/09953

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 Manurewa 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

Author

Mark Macfarlane - Senior Policy Advisor

Authorisers

Louise Mason - GM Local Board Services

Helgard Wagener - Acting Policy and Planning Manager

Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Manurewa Local Board

15 July 2021

Manurewa Local Board review of governance portfolio allocations for the remainder of the 2019-2022 triennium

File No.: CP2021/08978

Te take mō te pūrongo

Purpose of the report

1. To review and appoint new governance portfolio allocations for the remainder 2019-2022 triennium.

Whakarāpopototanga matua

Executive summary

2. The Manurewa Local Board allocated topic area leads (portfolios) at the 5 December 2019 business meeting to act as a champion for the local board on specific topic areas.

3. Leads would focus on work programme activities/ projects within their portfolios and understand relevant community needs and preferences enabling other members to focus their time on other parts of the board’s workload.

4. Since then, Auckland Council has undertaken organisational restructures, some of which have a direct impact on these portfolios. In addition, the local board has adopted its Manurewa Local Board Plan 2020 (local board plan). Both factors present an opportunity to review the structure of the existing portfolios and respective member allocations.

5. This opportunity was discussed at a workshop on 10 June 2021. The board indicated its preference to move to a local board plan outcome focus with new portfolio leads.

Ngā tūtohunga

Recommendation/s

That the Manurewa Local Board:

a) appoint revised portfolio allocations for the remainder of the 2019-2022 triennium as set out in Table 1:

Table 1. Manurewa Local Board Plan 2020 outcome portfolio leads

Local Board Plan 2020 Outcome	Outcome Portfolio Lead/s
Full oversight of all local board plan outcomes
1. Our communities are inclusive, vibrant, healthy and connected
2. We are proud of our strong Māori identity and thriving Māori community
3. Our people enjoy a choice of quality community spaces and use them often
4. Our safe and accessible network provides transport options to meet community needs
5. Our prosperous local economy supports local people
6. Our natural environment is valued, protected and enhanced

Horopaki

Context

6. The governance role of an elected member is to:

· set direction and policy

· set priorities

· make significant decisions

· test advice

· monitor performance and risk

· connect with and represent the community

· be accountable to the public.

7. At the end of each triennium the Local Board Services (LBS) department undertakes a review of the work practices of, and organisational support provided for, local boards and how this supports them in their governance role. Previous reviews have noted the progress the organisation has made in supporting the governance role of local boards over the past nine years. Improved support and delivery from the organisation has enabled local board members’ time to be used in a more effective and efficient manner as the governance model has matured.

8. During the 2016-2019 triennium review, feedback was gathered from local board members and staff from LBS and other council departments and council-controlled organisations (CCOs) who work with local boards.

9. Key themes from local board members related to having portfolios. Both positives and negatives were identified.

10. Key themes from staff were that clear direction is given from the full local board and local board members operate at the governance level. Staff identified both positive and negative aspects of having portfolio leads.

Tātaritanga me ngā tohutohu

Analysis and advice

Work practices supporting the governance role of local boards (recommended approach)

11. There are established work practices in place which support the governance role of the local board as follows:

· The local board adopts an annual work programme each June for implementation by the council organisation in the next financial year (July-June). The local board maintains a key focus on these annual work programmes and their implementation through quarterly reporting and regular workshops with the whole local board, with decisions made at business meetings.

· The local board has appointed a nominated local board member who will be consulted on landowner consents and events by staff carrying out their delegations. The local board has also appointed a nominated local board member to provide feedback and attend hearings on liquor licences and notified resource consents to ensure that local board views are taken into account in these timebound processes. These appointments were made via a separate report.

· The local board has appointed nominated local board members to external organisations to exercise their role in the external organisation as per the relevant constitution on behalf of the local board.

12. Together these practices constitute the recommended approach for managing the governance work of the local board for the 2019-2022 triennium, reflect the priority work of the local board and are the focus of the organisation’s staff and resources.

13. This approach allows all members to have an overview and collective understanding of work programme matters, and for the whole local board to be able to provide direction to staff and track performance and delivery throughout the financial year. It also enables collective discussions that utilise individual member’s skills and knowledge and ensures elected member and staff time are used effectively and efficiently.

14. Transparency to the public is ensured by local board decisions occurring through the formal business meeting process with associated standing orders.

Optional addition: Portfolio leads

15. An optional addition to the recommended approach is that the local board identifies portfolio leads. Leads would:

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

· focus on work programme activities / projects within their portfolio

· maintain relationships with key stakeholders

· understand relevant community needs and preferences.

16. Leads may also:

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

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

· act as a key contact for community groups and members of the public relating to the portfolio.

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

18. In identifying portfolio leads, there are the following risks to consider:

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

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

· key knowledge and information relating to the portfolio may be retained with the portfolio lead and not shared with the whole local board

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

19. These risks can be addressed by:

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

· clarifying the limited resources available to any portfolio lead.

20. Staff resourcing is focussed on work programme development and delivery, along with advice to support workshops and business meetings. Portfolio leads can be supported by staff to undertake the following responsibilities:

· when issues arise at a full board workshop, the lead can be directed to meet with staff on that issue and explore solutions; staff would report back to the full board for direction, and the lead can assist with explanation and support during that discussion

· develop local board feedback on regional policies, plans and strategies relevant to the portfolio, for full local board approval

· respond to constituent enquiries relevant to the portfolio

· report back to the local board at workshops, and publicly via board member reports at business meetings, on the activities undertaken as the portfolio lead.

21. The proposed changes in this report are based on further work that has been undertaken and has been discussed at a local board workshop on 10 June 2021. Members provided input and direction on the revised approach. It is recommended that any changes be adopted for the remainder of the 2019-2022 triennium.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. This report is procedural in nature so does not have direct climate impacts. However, a key focus for the council in the current term is how it responds to the climate emergency.

23. The proposed approach enables a more intentional focus on climate change outcomes as defined in outcome 6 of the Manurewa Local Board Plan 2020.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. Through the 2016-2019 triennium review, feedback was gathered from staff from the LBS department, and other departments and CCOs who work with local boards, about practices to manage the local board governance work.

25. The practices used by a local board to manage their governance work can impact on the efficiency of staff engagement with members. Some variation in practices is required to reflect local differences, but overall large differences in work practices is challenging and consistency is beneficial.

26. In light of this, Local Board Services has provided consistent advice and recommendations on work practices to all local boards to consider when making decisions on how they will manage their governance work for the 2019-2022 triennium.

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

Local impacts and local board views

27. Through the 2016-2019 triennium review, feedback was gathered from local board members about practices to manage local board governance work. This included a workshop attended by 13 local board members from 10 local boards, and a survey to all members, with responses provided by 29 members, from 13 local boards.

28. The practices used by a local board to manage their governance work can impact efficiency and effectiveness of engagement with communities and the opportunities that members have to provide local leadership beyond the formal decision-making process.

29. The topic of managing the governance work of the local board was discussed at a workshop on 7 and 14 November 2019, as part of the Manurewa Local Board induction programme for the 2019-2022 triennium. The board’s preference was to appoint portfolio leads.

30. Due to organisational restructures and the local board’s adoption of its Manurewa Local Board Plan 2020 local board plan, the role of portfolio leads was discussed at a further workshop on 10 June 2021. The board indicated its preference to move to a local board plan outcome focus with new portfolio leads.

Tauākī whakaaweawe Māori

Māori impact statement

31. This decision is procedural in nature so does not have immediate impacts on Māori. However, the proposed approach enables a more intentional focus on Māori outcomes as defined in outcome 2 of the Manurewa Local Board Plan 2020.

32. The visible identification of members roles and responsibilities also enables mana whenua and matawaaka Māori to approach appropriate local board members as necessary.

Ngā ritenga ā-pūtea

Financial implications

33. This decision is procedural in nature so does not have any financial implications.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34. The risks and mitigations of having portfolio leads are outlined in the ‘Analysis and Advice’ section of this report.

Ngā koringa ā-muri

Next steps

35. Staff from the Local Board Services department will work with staff from other departments and CCOs to ensure the practices of the local board are implemented.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author	Sarah McGhee - Senior Local Board Advisor
Authoriser	Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

No.	Title	Page
a ⇩	Manurewa Local Board Transport Emissions discussion document feedback	175

Manurewa Local Board

15 July 2021

For Information: Reports referred to the Manurewa Local Board

File No.: CP2021/09674

Te take mō te pūrongo

Purpose of the report

1. To provide an opportunity for the Manurewa Local Board to receive reports and resolutions that have been referred from the Governing Body committee meetings, Council Controlled Organisations, forums or other local boards for information.

2. The following information was circulated to the local board:

No.	Report Title	Item no.	Meeting Date	Governing Body Committee or Council Controlled Organisation or Forum or Local Board
1	Feedback on Equity of Service Levels and Funding Proposals - Draft Report	21	17 June 2021	Ōrākei Local Board resolutions circulated to all local boards for their information
2	Feedback on Te Waihanga New Zealand Infrastructure Commission's consultation document He Tūāpapa ki te Ora, Infrastructure for a Better Future, Aotearoa New Zealand Infrastructure Strategy	22	17 June 2021	Ōrākei Local Board resolutions circulated to all local boards for their information
3	Feedback on Hīkina te Kohupara – Kia mauri ora ai te iwi. Transport Emissions: Pathways to Net Zero by 2050 discussion document	23	17 June 2021	Ōrākei Local Board resolutions circulated to all local boards for their information
4	Local Board Views on Plan Change 60 – Open Space (2020) and Other Rezoning Matters	15	17 June 2021	Howick Local Board resolutions circulated to all local boards for their information
5	Economic Development Action Plan: Draft for feedback attached feedback	16	17 June 2021	Howick Local Board resolutions circulated to all local boards for their information

Ngā tūtohunga

Recommendation/s

That the Manurewa Local Board:

a) receive the following information from the Governing Body committee meetings, Council Controlled Organisations, forums or other local board meetings:

No.	Report Title	Item no.	Meeting Date	Governing Body Committee or Council Controlled Organisation or Forum or Local Board
1	Feedback on Equity of Service Levels and Funding Proposals - Draft Report	21	17 June 2021	Ōrākei Local Board resolutions circulated to all local boards for their information
2	Feedback on Te Waihanga New Zealand Infrastructure Commission's consultation document He Tūāpapa ki te Ora, Infrastructure for a Better Future, Aotearoa New Zealand Infrastructure Strategy	22	17 June 2021	Ōrākei Local Board resolutions circulated to all local boards for their information
3	Feedback on Hīkina te Kohupara – Kia mauri ora ai te iwi. Transport Emissions: Pathways to Net Zero by 2050 discussion document	23	17 June 2021	Ōrākei Local Board resolutions circulated to all local boards for their information
4	Local Board Views on Plan Change 60 – Open Space (2020) and Other Rezoning Matters	15	17 June 2021	Howick Local Board resolutions circulated to all local boards for their information
5	Economic Development Action Plan: Draft for feedback attached feedback	16	17 June 2021	Howick Local Board resolutions circulated to all local boards for their information

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Ōrākei Local Board - Feedback on Equity of Service Levels and Funding Proposals - Draft Report	183
b ⇩	Ōrākei Local Board - Feedback on Te Waihanga New Zealand Infrastructure Commission's consultation document He Tūāpapa ki te Ora, Infrastructure for a Better Future, Aotearoa New Zealand Infrastructure Strategy	185
c ⇩	Ōrākei Local Board - Feedback on Hīkina te Kohupara – Kia mauri ora ai te iwi. Transport Emissions: Pathways to Net Zero by 2050 discussion document	187
d ⇩	Howick Local Board - Local Board Views on Plan Change 60 - Open Space (2020) and Other Rezoning Matters	189
e ⇩	Howick Local Board - Economic Development Action Plan: Draft for feedback	191

Ngā kaihaina

Signatories

Author	Rohin Patel - Democracy Advisor
Authoriser	Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

No.	Title	Page
a ⇩	Manurewa Local Board Governance Forward Work Calendar July 2021	195

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

[3] Local board representatives were Margie 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	Joseph Allan
Deputy Chairperson	Melissa Moore
Members	Anne Candy
	Tabetha Gorrie
	Rangi McLean
	Glenn Murphy
	Ken Penney
	Dave Pizzini

Author	Robert Boswell - Local Board Advisor
Authoriser	Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura