Agenda of Puketāpapa Local Board - Thursday, 15 July 2021

An apology from Member F Lai has 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 Puketāpapa Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 17 June 2021, including the confidential section, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Puketāpapa 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 Deputations - Empowering refugee and migrant - background communities into business - Iti Rearea Collective

Te take mō te pūrongo

Purpose of the report

1. To present on empowering refugee and migrant-background communities into business.

Whakarāpopototanga matua

Executive summary

2. Lisa Lopeti, Project Manager - Iti Rearea Collective and Rochana Sheward, Chief Executive of Belong Aotearoa will be in attendance to present on empowering refugee and migrant background communities into business.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) thank Lisa Lopeti and Rochana Sheward for their presentation.

Attachments

a Deputation - Iti Rearea Collective - Empowering refugee and migrant - background communities into business....................................................... 149

8.2 Deputations - Update from YMCA Cameron Pool

Te take mō te pūrongo

Purpose of the report

1. To present an update from YMCA Cameron Pool on the current usage, activities and upcoming events. To give a snapshot of what we are currently doing and the journey we have come post COVID-19.

Whakarāpopototanga matua

Executive summary

2. Dylan McLaughlin, Multi Site Centre Manager, YMCA Auckland will be in attendance to provide an update on current usage, activities and upcoming events.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) thank Dylan McLaughlin for his attendance.

9 Public Forum

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

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.”

Puketāpapa Local Board

15 July 2021

Puketāpapa Play Provision Assessment

File No.: CP2021/08297

Te take mō te pūrongo

Purpose of the report

1. To seek adoption of the Puketāpapa Play Network Gap Analysis (Attachment A).

Whakarāpopototanga matua

Executive summary

2. The Puketāpapa Play Network Gap Analysis (2021) was produced to identify opportunities to improve the network of play experiences provided in the Puketāpapa Local Board area, to create a high-quality and equitable play network.

3. The purpose of the assessment was to:

a) Analyse the current play provision within the local board area, including distribution, experience, and provision of specialised play experiences.

b) Evaluate provision or experience gaps in the existing network, growth areas likely to face increased demand, and areas with the greatest opportunity for improvement.

c) Identify specific strategic opportunities to improve the play network in Puketāpapa.

d) Provide a tool for discussion and feedback on future investment in play by the Puketāpapa Local Board, helping to enable informed decisions on playspace development priority and relevance.

4. The assessment identifies key opportunities to improve levels of service for play, responding to key outcomes in the 2020 Puketāpapa Local Board Plan and Auckland Council’s strategic documents. Feedback from the Puketāpapa Local Board has been incorporated into the assessment.

5. The assessment provides a strategic and holistic planning context to the provision of play equipment across the parks network, helping to guide future investment and development decisions related to play in Puketāpapa.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) adopt the Puketāpapa Play Network Gap Analysis (Attachment A) to assist the local board in making decisions to improve their network of play experiences.

Horopaki

Context

6. Play is essential for the development and well-being of individuals. It helps to foster creativity and imagination while also developing physical, cognitive and emotional strength in young people. It is how they explore and make sense of the world and learn to take responsibility for their own decisions.

7. Play takes many varied forms and happens in a wide variety of settings, enabling children and young people to interact with parks in their own way. The places people play range from individual backyards, neighbourhood streets, local parks to formal play spaces, beaches, regional parks and town centres.

8. A quality play network is diverse, challenging and inclusive. It encourages people to visit their local parks and enjoy nature and enables us to respond smoothly to growth and changing demographics to build thriving communities.

9. Understanding the network of formal play infrastructure in an area, including the experiences and quality of that play better enables decision makers to strategically invest in a holistic and equitable play network, delivering exceptional value to our communities.

10. In 2020, the Puketāpapa Local Board funded the production of a Play Provision Assessment, to better understand the network of formal play spaces provided within parks in their local board area, as well as identifying a prioritised list of opportunities to improve the network (PKTPP/2020/110).

11. Bespoke Landscape Architects were engaged to undertake a provision assessment for formal play spaces in the Puketāpapa Local Board area, to identify and evaluate opportunities and gaps in the network.

12. The assessment aimed to prioritise areas with greatest opportunity for development and to improve the diversity of experience across the network, while considering the current context of both Puketāpapa and Auckland Council.

13. Puketāpapa is predicted to face significant population growth in the next two decades, due to unitary plan zoning decisions, possible investment into light rail, and significant planned housing development on Government owned land holdings.

14. In addition, funding constraints currently faced by Auckland Council in the wake of the Covid-19 pandemic limits short term opportunities for investment, giving planned renewal projects an increased significance.

15. The assessment (Attachment A) was developed in several stages, as outlined below:

· An expert visited all 22 council-owned formal playspaces within the Puketāpapa local board area, collecting raw data and assessing each playspace individually.

· Overall play provision was mapped, including typology, experience, and provision of specialist play, with radial catchment analysis used to indicate high-level provision gaps.

· The data was analysed and compared to anticipated growth, renewals opportunities, and local board priorities to identify a prioritised list of strategic opportunities to improve play provision across the area.

16. Specialised play experiences such as water play, sand play, nature play, courts and wheeled play experiences were assessed in addition to formal playgrounds. Organised sporting activity, including that which occurs on courts such as tennis or basketball were not included.

17. This document is aligned strategically to the following Auckland Council guiding documents;

· The Puketāpapa Local Board Plan 2020

· Tākaro - Investing in Play (2019 draft)

· The Auckland Plan 2050

· Parks and Open Space Strategic Action Plan 2013

18. The purpose of the Key Network Opportunities Table (page 17) is to identify priority actions to improve the play network. As a strategic document, this information is a starting point for discussions with the local board, mana whenua and wider community to guide potential park improvements to create an even distribution of play provision across the network. Further feasibility studies, consultation and investigation would be required as each opportunity is progressed.

Tātaritanga me ngā tohutohu

Analysis and advice

19. Play Provision Assessment

a) Twenty- two play spaces are reasonably well distributed across the Puketāpapa local board area, ranging from small neighbourhood play spaces, with limited experience and age provision through to larger scale suburb play spaces within several more significant parks in the area. There is no true destination-scale playspace in the area.

b) Play spaces are generally in good condition, with approximately half constructed in the past decade, and only a small number planned for renewal in the short term.

c) Play spaces typically provide climbing/crawling, swinging and sliding play experiences as a baseline minimum, and cater well to the needs of younger children (0 to 8 years).

d) Wheeled play opportunities and public courts provide important play experiences for teenagers, though the quality and range of experience provided varies. Other specialised play experiences such as water, sand, sound and nature play are lacking within the play network.

e) Geographic gaps have been identified in Hillsborough, Three Kings, Lynfield and Wesley areas, with specific parks suggested to help fill these gaps in provision.

f) Areas of predicted high growth based on the latest Auckland Transport Macro Strategic Growth Model (MSM) and proposed Kainga Ora neighbourhood developments include Wesley, Three Kings, Mt Roskill and Waikowhai.

20. Play network opportunities

Specific opportunities are detailed in Attachment A (page 17) and are summarised below.

g) Numerous opportunities have been identified to enrich the play experience for all ages, abilities, and cultures across the Puketāpapa Local Board area, catering to increased demand due to growth, and filling existing gaps in the play network.

h) New play spaces are recommended for delivery within Monte Cecilia Park, Manukau Domain, Fearon Park, Western Reserve, Roskill South Park, and future parks within Wesley and Malcolm/Roma.

i) Significant upgrades to existing playspaces within key parks in Waikowhai and Wesley will also help to respond to growth in these areas and deliver a more significant scale playspace. Opportunities to work with developers in these areas should be explored.

j) Additional specialised play experiences such as water, sand, sound and nature play should be implemented within suburb scale playspaces. Improvements to existing wheeled play and public court experiences will improve youth provision across the network.

k) Creative use of renewals budgets and possible capital budget top- up is key to revitalising play spaces in the communities that will not experience major population growth. This can be achieved by adding more variation and challenge, as outlined in each park specific assessment in Appendix A of the provision assessment.

l) Universal/accessible design principles should be at the forefront of play development, to ensure all members of the community have access to a formal play space and have some choice in the kind of play experience they would like to enjoy.

m) Possible optimisation of the Robinson Reserve playspace, located in an area of over-provision, and reinvestment into surrounding playspaces including a new playspace in Western Reserve should be further investigated.

21. Additional recommendations and commentary relating to improvements for all twenty-two playspaces can be found in Appendix A of the document.

22. Staff recommend that the local board adopts the Puketāpapa Play Network Gap Analysis, to inform future playground development and renewals, and help guide decision-making.

23. Engagement with the community, including mana whenua partners should be initiated as opportunities are progressed to ensure development is both in line with the strategic priorities outlined, as well as tailored to communities.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24. Formal playspaces contribute to climate change through carbon emissions, particularly during their construction and decommissioning phases. This needs to be considered when creating new or expanding existing play spaces.

25. The Puketāpapa Play Provision Assessment enables strategic investment into play, identifying opportunities which would provide greatest value to local communities and the wider play network. This ensures targeted investment, and minimised impact on the climate and environment.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

26. The Community Facilities department were involved in the production of this plan, providing key information on asset condition and renewals work programming information.

27. This assessment will assist both Community Facilities and Parks, Sport and Recreation (PSR) to plan future OPEX and CAPEX work programmes, to improve play spaces through programmed capital and renewals projects in the future.

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

Local impacts and local board views

28. This project aligns directly to an outcome in the Puketāpapa Local Board Plan;

Outcome 4: Well-planned neighbourhoods and vibrant public spaces; A well-used network of facilities and public spaces that are inviting, safe, and promote wellbeing.

29. The PSR 20/21 Work Programme was approved by the Puketāpapa Local Board in July 2020 (PKTPP/2020/110). A strategic assessment of play provision in Puketāpapa was included in this programme.

30. Workshops were held with the local board to discuss this project in September 2020 to confirm the project scope, in November 2020 to seek feedback on the 50% draft document, and again in March 2021 to seek feedback on the 90% draft document.

31. The local board expressed a strong desire to improve their play network, particularly in areas of known existing gaps, such as the area around Monte Cecilia Park, and areas of high growth, such as Wesley and Waikowhai. In response to feedback received at these workshops, staff prepared the final draft document (Attachment A).

32. The proposed initiative will support local identity and provide local character. This initiative will also support the community to become healthier and more active through play and socialisation opportunities.

33. Strategic investment into play following opportunities identified within this plan will help to build upon the existing network of play to create a holistic and equitable play network and deliver exceptional value to our communities.

Tauākī whakaaweawe Māori

Māori impact statement

34. Meaningful engagement with mana whenua will be enabled as opportunities from the plan are progressed into feasibility, investigation and design. Iwi will have the opportunity to express interest in the projects and indicate how they would like to be involved.

35. Opportunities for Maori cultural narratives and traditional designs (e.g. Mara Hupara) will be explored during detailed design and delivery.

Ngā ritenga ā-pūtea

Financial implications

36. 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 work programmes. Future work programmes will be discussed with the local board.

37. Advocacy opportunities, including working with developers to deliver outcomes from the plan, should be explored. This would provide the greatest benefit to new growth communities while working within the current financial constraints.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38. 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

39. The Play Provision Assessment is designed to agree on desired play outcomes at a network level. Further information on the projects that will deliver on the identified opportunities will require detailed investigation and community engagement.

40. If recommended outcomes are agreed, staff will work with the local board to identify possible opportunities for funding as part of future Community Facilities work programmes. The Parks Planning team will continue to support the local board on developer led initiatives.

41. The proposed Community Facilities work programme for FY21/22 includes several playspace renewal and enhancement projects. Details from this assessment will be used to help inform delivery of those projects.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Puketāpapa Play Network Gap Analysis	15

Ngā kaihaina

Signatories

Author

Thomas Dixon - Parks & Places Specialist

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 July 2021

Eke Panuku Development Auckland - Puketāpapa Local Board Six-Monthly Report to 31 March 2021

File No.: CP2021/06720

Te take mō te pūrongo

Purpose of the report

1. To update the Puketāpapa Local Board on Eke Panuku Development Auckland (Eke Panuku) activities within the local board area and the region, for the period from 1 September 2020 to 31 March 2021.

2. This report is for information only and no decision-making is required.

3. This report covers our urban regeneration programme in relation to the local board area from 1 September 2020 to 31 March 2021.

4. It also includes information on property management, purchases and sales in relation to the local board area, which Eke Panuku undertakes on behalf of Auckland Council.

5. Please note that this report is for seven months. This is to align future reports with other Eke Panuku reporting cycles.

Whakarāpopototanga matua

Executive summary

6. This report is a record of events for the Puketāpapa Local Board area during the stated period.

7. While Eke Panuku is an urban regeneration agency, its main function within the Puketāpapa Local Board area is to manage properties owned by Auckland Council.

8. Eke Panuku currently manages one lease in the Puketāpapa Local Board area.

9. Eke Panuku has also purchased one property on behalf of the council in the local board area during the reporting period.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) receive the Eke Panuku Development Auckland - Puketāpapa Local Board Six-Monthly Report to 31 March 2021.

b) note that the report is for information only and no decision-making is required.

Horopaki

Context

10. Eke Panuku Development Auckland is the council-controlled organisation that delivers urban regeneration in Tāmaki Makaurau (Auckland). Urban regeneration is the planning of neighbourhoods and the improvement of buildings and spaces to strengthen communities and the economy to make it an even better place to live.

11. Our city is facing rapid growth. Quality development is required to accommodate this growth and to ensure people love and can afford to live in Auckland. We imagine a city of strong neighbourhoods. We work across many neighbourhoods throughout our city from large, long-term urban regeneration plans to small projects on specific sites to meet the needs of the city’s long-term growth - including more types of homes people can afford. We work alongside the locals, other parts of the council and businesses to regenerate our city in ways that benefit both our local communities and Auckland as a whole.

12. We deliver returns for the council, and at the same time, we ensure our assets contribute positively to the neighbourhoods of Tāmaki Makaurau. We manage around $2.4 billion of land and buildings owned by the Auckland Council.

13. In the period 1 September 2020 to 31 March 2021, we continued our urban regeneration programme across the region, brought a $22.8m return to the council via property management, purchased six properties on behalf of the group, and sold nine properties as part of either our neighbourhood regeneration or as directed by Auckland Council.

Tātaritanga me ngā tohutohu

Analysis and advice

Property management and properties of Puketāpapa Local Board interest

14. Eke Panuku manages one lease in the Puketāpapa Local Board area.

15. The Puketāpapa Local Board has expressed interest in updates on properties within the Eke Panuku property portfolio. The table below provides an update on matters of significance for the reporting period.

Property

Status

119A May Road, Mt Roskill

Eke Panuku is supporting Auckland Council through statutory processes to progress the sale of a number of properties following the Emergency Budget. The council, supported by Eke Panuku, undertook public consultation from February 2021 on the reserve revocation process on sites that were identified as not being required to deliver current and future parks and open space outcomes. The PACE Committee will consider the reserve revocation and if the committee resolves to revoke the reserve status the decision will then refer to the Department of Conservation for final approval.

Acquisitions

16. Eke Panuku has purchased one property on behalf of the Auckland Council group in the reporting period 1 September 2020 to 31 March 2021.

Address	Status	Settlement
72 Hillsborough Road, Hillsborough	Settled	2/12/2020

Disposals

17. On behalf of the Auckland Council, Eke Panuku sells properties that are no longer required by the Auckland Council group for service use.

18. The decision to sell these properties is made by Auckland Council’s Governing Body with advice from its finance team.

19. Eke Panuku does not have a decision-making role in the sale of properties that are surplus to the council’s requirements.

20. The role of Eke Panuku is to provide property transaction services. Proceeds from these sales are returned to Auckland Council to be reinvested in council services.

21. There were no unconditional agreements reached in the Puketāpapa Local Board area during the reporting period.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. The Eke Panuku Priority Location programmes support the regeneration of existing town centres while also addressing climate mitigation and adaptation.

23. Mitigation of climate change involves reducing the carbon emissions that contribute to climate change. Our Priority Locations are transport-oriented communities that utilise existing infrastructure and transport links and we seek to make local walking and cycling safe and viable alternatives to the private vehicle. Eke Panuku has also adopted a Homestar-6 minimum standard to ensure we can reduce energy, water, and landfill waste. We are working to adopt similar standards for our public realm and commercial developments, whilst also taking guidance from precinct sustainability rating tools like Green Star Communities.

24. Adaptation to climate change involves planning for the changes to our climate and associated impacts that are already happening or are projected to happen, including sea-level rise, hotter temperatures, extreme weather events, flooding and droughts. Climate change is likely to subject the Puketāpapa Local Board area to hotter temperatures and more frequent flooding and drought. Eke Panuku seeks to future-proof our communities by:

· Specifying that infrastructure and developments are designed to cope with warmer temperatures and extreme weather events

· The use of green infrastructure and water sensitive design to increase flood resilience and provide ecological and biodiversity benefits

· The provision of increased shade and shelter for storm events and hotter days

· Initiatives to build community resilience

25. In October 2020, the Eke Panuku executive team agreed to a work programme of priority actions to help Eke Panuku deliver on the council’s sustainable procurement objectives which Eke Panuku has adopted. Targeting these objectives will help further leverage the economic, social and environmental benefits of Eke Panuku urban regeneration projects and the products and services we procure as a business. Implementation of these priority projects has commenced which focus on embedding sustainable procurement into Eke Panuku procurement processes and systems, including the inclusion of climate considerations into procurements for capital works and renewals.

26. The Eke Panuku Climate Change Strategy was adopted by the Eke Panuku Board in November 2020. The strategy guides how Eke Panuku will support the implementation of Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27. Eke Panuku cannot achieve its vision alone. Our complex operating environment means we need the expertise of others. Therefore, building and maintaining strong relationships and partnerships, and working together with others in general, is an ongoing focus for us.

28. Eke Panuku Development Auckland works collaboratively with other Auckland Council departments, CCOs and Crown agencies to deliver joined-up urban regeneration in our neighbourhoods.

29. Impacts and views are considered both on a programme and project level for the neighbourhoods we work in, to maximise community outcomes.

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

Local impacts and local board views

30. Any local or sub-regional impacts are considered on a programme and project basis.

31. Eke Panuku regularly engages with local boards on its projects and programmes within local board areas.

Tauākī whakaaweawe Māori

Māori impact statement

32. Eke Panuku supports the aspirations described in the Auckland Plan 2050.

33. Eke Panuku has worked closely with our mana whenua partners to understand their priorities in Tāmaki Makaurau. Mana whenua have shared their top five aspirations with Eke Panuku. Below is a summary:

· Governance: We involve mana whenua in transparent decision-making.

· Culture: We will increase our practice of kaitiakitanga (by all) and increase the visibility of Māori identity and culture in our projects.

· Economic: We will create more commercial investment, procurement, and engagement opportunities for Māori.

· Social: We will foster a sense of community and connectedness and help enhance the well-being of Māori here in Tāmaki Makaurau.

· Natural environment: We will work together to ensure we are working towards significant improvements to te mauri o te taiao.

34. Eke Panuku continues to make progress on the Eke Panuku Mana Whenua Outcomes Framework actions and presented a six-month status report to mana whenua in February 2021.

35. Eke Panuku has achieved 36/40 significant initiatives in the 2020-2021 financial year. Highlights include the numerous whakawātea with our mana whenua partners to celebrate significant milestones to build the stage for the 2021 America’s Cup.

36. Following the Emergency Budget 2020/2021, Eke Panuku is still working with mana whenua to identify potential development and disposal opportunities. Eke Panuku has invited mana whenua to register commercial interests in properties Eke Panuku is preparing to dispose of on the market.

37. Eke Panuku has started a pilot programme focused on growing the capability of young leaders to enable placemaking activities. The programme, He Pia He Tauira, has hosted several wānanga with tauira to prepare for upcoming activities.

Ngā ritenga ā-pūtea

Financial implications

38. There are no financial implications associated with this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

39. There are no risks associated with receiving this report.

40. This report must be received to meet the requirements of the Local Government Act 2002.

Ngā koringa ā-muri

Next steps

41. The next six-monthly report will cover the period of 1 April to 30 September 2021.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Perin Gerrand - Engagement Coordinator

Authorisers

Joanna Glasswell - Head of Corporate Affairs

Nina Siers – Local Area Manager

Puketāpapa Local Board

15 July 2021

Draft proposal to make a new Signs Bylaw

File No.: CP2021/09851

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 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 (Under Separate Cover)

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Steve Hickey - Policy Analyst

Authorisers

Paul Wilson - Senior Policy Manager

Nina Siers - Local Area Manager

Puketāpapa Local Board

15 July 2021

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

File No.: CP2021/10049

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 the inquiry close on 4 August 2021. A copy of the paper can be found here: https://environment.govt.nz/publications/natural-and-built-environments-bill-parliamentary-paper-on-the-exposure-draft/

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 the Auckland Council submission is sought by 26 July 2021.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

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

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 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 11.

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 wellbeing of present generations without compromising the wellbeing 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 wellbeings 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 previous submission to the panel on the Transforming the resource management system: Opportunities for change paper.

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 previous 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 previous submission to the panel on the Transforming the resource management system: Opportunities for change paper.

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 wellbeing 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 NPF.

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 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 wellbeing 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 received by 26 July 2021 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 2021 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 Advisor Operations and Policy

Authorisers

Louise Mason - GM Local Board Services

Helgard Wagener - Acting Policy and Planning Manager

Nina Siers - Local Area Manager

No.	Title	Page
a ⇩	Puketāpapa local board feedback on congestion pricing in Auckland	83

Puketāpapa Local Board

15 July 2021

Local board feedback on the Ministry of Business, Innovation and Employment's proposed changes to support effective management of freedom camping in New Zealand

File No.: CP2021/10133

Te take mō te pūrongo

Purpose of the report

1. To note the board’s formal feedback, made under delegation to the Chair, on the Ministry of Business Innovation and Employment’s proposed changes to support effective management of freedom camping in New Zealand.

Whakarāpopototanga matua

Executive summary

Discussion document released for feedback

2. In March 2021, the Ministry of Business, Innovation and Employment released a discussion document for public consultation on ‘Supporting Sustainable Freedom Camping in Aotearoa New Zealand’.

3. The discussion document outlines four proposals for changes to the Freedom Camping Act 2011, as follows:

a) make it mandatory for freedom camping in a vehicle to be done in a certified self-contained vehicle OR

b) make it mandatory for freedom campers to stay in a vehicle that is certified self-contained, unless they are staying at a site with toilet facilities (excluding public conservation lands and regional parks)

c) improve the regulatory tools for government land managers, including stronger enforcement powers

d) strengthen the requirements for self-contained vehicles.

Auckland Council’s freedom camping bylaw process

4. The legislation empowers local authorities to make bylaws to protect areas where freedom camping should be prohibited or restricted, but only for specific reasons contained in the Act. It also sets out councils’ bylaw enforcement powers, and the penalties that apply to freedom campers who break the rules.

5. Although Auckland Council has not yet made a bylaw under the Freedom Camping Act 2011, a draft Freedom Camping in Vehicles Bylaw was developed in 2018 and released for public consultation in 2019. Public feedback and local board views provided as part of that process highlighted the relevant issues of most concern to Aucklanders, which are broader in scope than the matters covered by the government’s proposals.

6. Following a decision in 2019 to set aside the draft Freedom Camping in Vehicles Bylaw 2018, in March 2021 the Governing Body directed staff to develop a statement of proposal for a new bylaw. Staff expect to release a new statement of proposal and draft bylaw for consultation in the second half of 2021.

Local board input into Auckland Council’s submission

7. Local boards were asked to to provide feedback for incorporation into Auckland Council’s submission on the discussion document by Monday 11 May 2021, following the circulation of a draft submission on Friday 5 May.

8. Due to the short timeframes, feedback from the Puketapapa Local Board was authorised by delegation to the Chair, Julie Fairey, on 11 May 2021 in accordance with Puketāpapa Local Board resolution PKTPP/2020/57 made on 6 May 2020.

9. A copy of the board’s feedback has been included as Attachment A.

Ngā tūtohunga

Recommendation/s

That the Puketāpapa Local Board:

a) notes the board’s formal feedback on the Ministry of Business, Innovation and Employment’s ‘Supporting Sustainable Freedom Camping in Aotearoa New Zealand’ discussion document (Attachment A) as authorised by delegation to Chair J Fairey on 11 May 2021.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Puketāpapa Local Board'sFreedom Camping Feedback	97

Ngā kaihaina

Signatories

Author	Samantha Tan Rodrigo - Local Board Advisor
Authoriser	Nina Siers - Local Area Manager

No.	Title	Page
a ⇩	Chair, Julie Fairey's June Report	105

No.	Title	Page
a ⇩	Harry Doig's Member Report, 01 June - 30 June 2021	111
b ⇩	Ella Kumar's Member Report, 01 June - 30 June 2021	113
c ⇩	Fiona Lai's Member Report, 01 May - 30 June 2021	117
d ⇩	Bobby Shen's Member Report, 01 June - 30 June 2021	121
e ⇩	Jonathan Turner's Member Report, 01 June - 30 June 2021	125

[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	Julie Fairey
Deputy Chairperson	Jon Turner
Members	Harry Doig
	Ella Kumar, JP
	Fiona Lai
	Bobby Shen

No.	Title	Page
a ⇩	Puketāpapa Local Board Workshop Record, 10 June 2021	139
b ⇩	Puketāpapa Local Board Workshop Record, 17 June 2021	141
c ⇩	Puketāpapa Local Board Workshop Record, 24 June 2021	143
d ⇩	Puketāpapa Local Board Workshop Record, 01 July 2021	145

Author	Mary Hay - Senior Local Board Advisor
Authoriser	Nina Siers - Local Area Manager

Author	Noha Zaki - Local Board Advisor
Authoriser	Nina Siers - Local Area Manager

Author	Selina Powell - Democracy Advisor
Authoriser	Nina Siers - Local Area Manager