Agenda of Upper Harbour Local Board - Thursday, 15 July 2021

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

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

The Auckland Council Code of Conduct for Elected Members (the code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy. The policy covers two classes of conflict of interest:

i) a financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member

ii) a non-financial conflict interest, which does not have a direct personal financial component. It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968. The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request.

Any questions relating to the code or the guidelines may be directed to the Local Area Manager in the first instance.

4 Confirmation of Minutes

That the Upper Harbour Local Board:

a) confirm the ordinary minutes of its meeting, held on Thursday, 17 June 2021, a 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 Upper Harbour 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 Climate Advocacy Team of the Equal Justice Project

Te take mō te pūrongo

Purpose of the report

1. To discuss the possibility of the Upper Harbour Local Board adopting a Climate Action Plan.

Whakarāpopototanga matua

Executive summary

2. Airu Teng and Catherine Fu, from the Equal Justice Project at University of Auckland, will be in attendance to discuss their proposition that the Upper Harbour Local Board adopt a Climate Action Plan within the next year in response to the climate emergency declared by Auckland Council in 2019.

3. Airu and Catherine have recommended a number of action areas and initiatives as part of the Climate Action Plan which will reflect the priorities in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Action Plan.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the deputation from Airu Teng and Catherine Fu and thank them for their attendance and presentation.

Attachments

a Equal Justice Project memo......................................................................... 333

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.”

No.	Title	Page
a ⇩	Upper Harbour Local Board open unconfirmed minutes - 17 June 2021	11
b ⇩	Upper Harbour Local Board minutes attachments - 17 June 2021	27

Upper Harbour Local Board

15 July 2021

Adoption of Upper Harbour Pest Free Ecological Connectivity Strategy

File No.: CP2021/06646

Te take mō te pūrongo

Purpose of the report

1. To adopt the Upper Harbour Pest Free and Ecological Connectivity Strategy.

Whakarāpopototanga matua

Executive summary

2. The Upper Harbour Local Board allocated a total of $28,000 for the development of a Pest Free Strategy for Upper Harbour in the 2019/2020 financial year (resolution number UH/2019/71). The strategy was intended to identify gaps and opportunities to protect, enhance, connect and extend existing valuable habitats to create functional networks of green spaces across Upper Harbour. This is in alignment with the environmental aspirations outlined in the 2017 and 2020 Upper Harbour Local Board Plans.

3. COVID-19 and staff shortages delayed the delivery of the Upper Harbour Pest Free Strategy in 2020, however the budget was carried forward to enable the development of the strategy in the 2020/2021 financial year.

4. The Upper Harbour Local Board approved a scope change at its 18 March 2021 business meeting for the plan to include an ecological connectivity analysis (resolution number UH/2021/14). The new scope focuses on key actions to connect habitats in the Upper Harbour landscape. The identified actions will help enable the movement of native species and protect key ecosystems. The local board also agreed to change the programme name to ‘Pest Free and Ecological Connectivity Strategy’ to better reflect the new scope.

5. Environmental Services staff and the contractor presented the draft Ecological Connectivity Strategy to the Upper Harbour Local Board on 24 June 2021. A follow up meeting with local board Infrastructure and Environmental Topic Area Leads was also held on 1 July 2021. The purpose of these discussions was to gather input and feedback to incorporate into the strategy.

6. This report seeks the Upper Harbour Local Board’s adoption of the Upper Harbour Pest Free and Ecological Connectivity Strategy (see Attachment A). The strategy can also be accessed online here.

7. The Upper Harbour Local Board allocated funding towards a number of environmental initiatives that will be guided by this strategy at its June 2021 business meeting (resolution number UH/2021/68). This includes funding for the Upper Harbour Ecology Initiatives Assistance programme.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) adopt the Upper Harbour Pest Free and Ecological Connectivity Strategy, as shown in Attachment A of the agenda report.

Horopaki

Context

8. The Upper Harbour Local Board approved its 2019/2020 Environmental Services work programme in June 2019 (resolution number UH/2019/71). The programme included $28,000 of locally driven initiative funding towards a pest free strategy for Upper Harbour as part of the Pest Free Upper Harbour programme.

9. This programme aimed to provide an overarching pest free strategy for the Upper Harbour area that would assist local groups (both in the Upper Harbour Ecology Network and outside) and the community to coordinate their environmental projects and identify any gaps. A facilitator would work with the Upper Harbour Ecology Network and community to develop a strategy for Upper Harbour.

10. Due to delays to the project caused by the COVID-19 lockdown, the full $28,000 budget was carried forward to enable the development of the strategy in the 2020/2021 financial year. Staff also included a requirement for the strategy to be brought to a business meeting for adoption.

11. Environmental Services staff held a workshop with the local board in September 2020. Staff recommended expanding the scope of the project to identify landscape-wide opportunities to increase biodiversity, including pest-free initiatives but also considering tree density and other environmental factors. The board indicated its support for this change.

12. The local board approved this revised project scope and the renaming of the 2020/2021 Pest Free Upper Harbour project to ‘Pest Free and Ecological Connectivity Strategy’ to reflect the revised scope at its 18 March 2021 business meeting (resolution number UH/2021/14).

13. Mana whenua representatives from Ngāti Manuhiri, Ngāti Whātua o Kaipara and Ngāti Whātua Ōrākei have been consulted throughout the development of the Pest Free and Ecological Connectivity Strategy. The final version of this strategy incorporates their feedback, te reo Māori, and their request to include cultural sites of significance for the community to connect with mana whenua if carrying out conservation activity around these sites.

Tātaritanga me ngā tohutohu

Analysis and advice

14. The Pest Free and Ecological Connectivity Strategy will enable communities and council to work more cohesively to achieve effective conservation outcomes.

15. The Pest Free and Ecological Connectivity Strategy has four key objectives:

· map and describe areas of high ecological value within the Upper Harbour Local Board area

· identify gaps and evaluate opportunities to protect, enhance, connect, and extend existing valuable habitats, conservation areas, habitat corridors and ecological connections

· prioritise areas for management with recommended management techniques

· enable mana whenua, council, communities and other agencies to work together to achieve conservation outcomes.

16. The Pest Free and Ecological Connectivity Strategy has been designed to align with and will help achieve the environmental objectives of existing conservation initiatives and strategies, including the North-West Wildlink, the Urban Ngahere Strategy and the Upper Harbour Open Space Network.

17. The Pest Free and Ecological Connectivity Strategy is a tool that the Upper Harbour Local Board can use to inform strategic investment and prioritisation of environmental initiatives in Upper Harbour. Adopting the strategy will also assist the board in delivering its commitment to ensuring that the natural environment is valued, protected and enhanced by its communities.

18. If the strategy is not adopted by the local board, there is a risk that future environmental activity undertaken by community conservation groups may not focus on priority areas to help enable connectivity across Upper Harbour. Without the strategy, prioritisation of locally driven initiative and grant funding based on ecological benefits will be more challenging for the board.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19. The council’s climate goals as set out in Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan are:

· to reduce greenhouse gas emissions to reach net zero emissions by 2050

· to prepare the region for the adverse impacts of climate change.

20. The strategy will enable the protection and enhancement of native ecosystems within Upper Harbour. This will enable vegetation and species to thrive and will increase the ability of ecosystems to sequester carbon. Protection of ecosystems will also improve their resilience to future change such as fluctuation in climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21. The recommendations and management actions in the Pest Free and Ecological Connectivity Strategy are proposed to support Auckland Council’s environmental plans and strategies, including the Indigenous Biodiversity Strategy, Regional Pest Management Strategy, Urban Ngāhere Strategy, Wai Ora Healthy Waterways Programme and Weed Management Policy.

22. Healthy Waters, Community Facilities, Local Parks, Natural Environment Strategy and Environmental Services were engaged with throughout the development of the strategy. This has ensured that the correct information has been included and the strategy is aligned with the council’s current work.

23. The strategy does not include information on where council environmental work is occurring but provides links to the Tiaki Tāmaki Makaurau website with an interactive map. Due to the changeable nature of council environmental protection work and its complex nature, this information will not be available until January 2022.

24. The Tiaki Tāmaki Makaurau website will also include other changeable information, including community group activities and species data.

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

Local impacts and local board views

25. The Upper Harbour Local Board has indicated strong support for environmental enhancement and protection through its 2020 Local Board Plan, in particular Outcome 4, ‘our unique natural environment is protected and enhanced’, and by funding multiple community conservation initiatives in Upper Harbour.

26. The Upper Harbour Local Board has provided input into the strategy at a workshop on 24 June 2021 and follow up meeting with local board Infrastructure and Environmental Topic Area Leads on 1 July 2021. This feedback has been incorporated into the final version of the strategy (Attachment A).

27. The utilisation of the strategy will allow the local board and stakeholders in Upper Harbour to contribute to a connected and enhanced natural environment to achieve effective conservation outcomes. It will contribute to the protection of core habitats, helping to enable the North-West Wildlink vision and Predator Free Auckland.

Tauākī whakaaweawe Māori

Māori impact statement

28. The strategy recognises mana whenua in their role as kaitiaki and has included data showing sites of cultural significance and contact information for stakeholders to connect with mana whenua. Council staff will also continue to support the local community to connect with local mana whenua.

29. Environmental Services staff presented the draft strategy to the Parks Kaitiaki Forum on 4 March 2021. Mana whenua expressed interest in the project and requested a workshop. All mana whenua with interest in Upper Harbour were invited to a workshop in April 2021. The iwi who expressed further interest were Ngāti Manuhiri, Ngāti Whātua o Kaipara and Ngāti Whātua Ōrākei, who were all engaged.

30. Environmental Services staff met with these iwi groups separately to go through the strategy and gain their input. Most feedback provided was around including sites of significance in the story map alongside iwi contact details for community to actively engage around these sites if carrying out conservation activity.

31. Recommendations and management actions are provided in the strategy to enable mana whenua, community groups and landowners in Upper Harbour to prioritise conservation activity to enhance connectivity in Upper Harbour.

32. In the 18 March 2021 business meeting report, staff noted that a draft strategy would be made available to the local board, community, iwi and partners for feedback in April 2021, and that the final strategy would be presented to all groups in June 2021. To ensure effective engagement with mana whenua and the community, the draft strategy, through an online story map, was sent to mana whenua on 4 June 2021, to community for feedback on 15June 2021, and presented to the Upper Harbour Local Board on 24 June 2021.

Ngā ritenga ā-pūtea

Financial implications

33. The Upper Harbour Local Board allocated $28,000 of its locally driven initiatives operational budget towards the development of this strategy as part of the local board’s 2019/2020 work programme (resolution number UH/2019/71). This budget was carried forward to enable the development of the strategy in 2020/2021.

34. The local board has allocated funding towards the following programmes through its 2021/2022 Infrastructure and Environmental Services work programme (resolution number UH/2021/68). These programmes will be delivered in alignment to this strategy:

· Upper Harbour Ecology Initiatives Assistance programme ($80,000)

· Īnanga spawning sites – survey and restoration ($15,000)

· Restoration of the Waiarohia Stream ($10,000).

35. Additional local board funding may be required, alongside existing LDI programmes, to implement the strategy in future financial years. This funding will be sought by staff through the local board’s environmental work programme development and approval process.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

36. The key risks arising from the adoption of the Pest Free and Ecological Connectivity Strategy and proposed mitigations are listed in Table 1 on the following page:

Table 1. Risks arising from the Pest Free and Ecological Connectivity Strategy Upper Harbour and proposed mitigations

Risk	Mitigation	Probability of risk after mitigation measures
The strategy is not used by stakeholders	Subject to the local board’s approval of the strategy, Environmental Services staff will hold a launch for the strategy on 26 July 2021 to introduce the strategy and show stakeholders how to use it. The strategy will be housed in the Tiaki Tāmaki Makaurau website which allows it to be easily found by those wanting to get involved in conservation action. Through the adoption of this strategy, the local board can reference this plan in funding agreements to ensure conservation activity occurs in priority places.	Low: Having the strategy housed in one central location (the Tiaki Tāmaki Makaurau website) it can be found and referred to easily. The launch will also help to answer any questions from community and assist groups to understand how the strategy can be used as a tool to inform their work.
Confusion between the Pest Free and Ecological Connectivity Strategy and the Tiaki Tāmaki Makaurau map	The strategy will be housed within Tiaki Tāmaki Makaurau website under its own connectivity tab. It will sit alongside the Restore Rodney East connectivity study and the regional connectivity study. The strategy will link to the Tiaki Tāmaki website where appropriate.	Low: The Tiaki Tāmaki Makaurau website will not include any connectivity analysis on its map. Therefore, people will still be directed towards the strategy for connectivity and prioritisation of conservation work.
Duplication of work in priority areas while staff continue to upload council information to Tiaki Tāmaki Makaurau	The strategy will provide transparency on the work that council does across Upper Harbour. Due to the changeable and complex nature of gathering this information from multiple council departments, this information will not be added until January 2022. Although this information will be housed through the Tiaki Tāmaki Makaurau website, the strategy will link directly to it. To mitigate this risk, stakeholders will be encouraged to contact the Conservation Advisor for the Upper Harbour area for more support.	Low: The community has a good relationship with the Environmental Services and Parks, Sports and Recreation staff. All information on where council is working can be communicated through staff in the meantime.
The document is perceived to inform and direct town planning and development instead of guiding the prioritisation of conservation action	The strategy has four main objectives in the plan, which include the mapping of high value ecological areas, identification of opportunities for protection and restoration, prioritisation of key areas for protection, and enabling all stakeholders to work together to achieve environmental outcomes. The ultimate goal is to guide and enable communities and council to work cohesively to achieve effective conservation outcomes, not to dictate how and where activities must be undertaken.	Medium: Development in Upper Harbour is a significant topic to most of the conservation community due to the large amount of development that has happened in recent years and the decline in natural habitats. The objectives of the strategy make it clear what the strategy is intended for. The strategy can still be referenced and communicated to those involved in town planning and development decisions.

Ngā koringa ā-muri

Next steps

37. Subject to the local board adopting the attached Pest Free and Ecological Connectivity Strategy Upper Harbour, the strategy will be launched on 26 July 2021 at a public event.

38. The local board will receive updates on the delivery of its 2021/2022 environmental programmes, which are guided by this strategy, through its quarterly performance reports.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Upper Harbour Ecological Connectivity Strategy	73

Ngā kaihaina

Signatories

Author

Hannah Brightley - Relationship Advisor

Authorisers

Barry Potter - Director Infrastructure and Environmental Services

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

15 July 2021

Adoption of the Upper Harbour Urban Ngahere 10-year Action Plan 2021

File No.: CP2021/09814

Te take mō te pūrongo

Purpose of the report

1. To adopt the Upper Harbour Urban Ngahere 10-Year Action Plan.

Whakarāpopototanga matua

Executive summary

2. The regional Te Rautaki Ngahere ā-Tāone o Tāmaki Makaurau/ Auckland’s Urban Forest Strategy responds to changes in ngahere canopy cover and potential climate change impacts. The strategy’s target is to increase tree canopy cover across all local board areas in Tāmaki Makaurau to 30 per cent by 2050.

3. In 2018/2019, the Upper Harbour Local Board funded an implementation plan to understand the current canopy cover and plan for increasing ngahere cover in the local area (resolution number UH/2018/66). The three stages of the implementation plan are ‘knowing’, ‘growing’ and ‘protecting’.

4. The first part of the ‘knowing’ stage involved analysis of the 2013 Light Detecting and Ranging Technology (LiDAR) data for the Upper Harbour Local Board tree canopy cover. A draft report identifying cover of 27 per cent was presented to the local board in September 2019.

5. Comparative analysis work has been completed for the more recent LiDAR data. The findings show that net canopy coverage has increased to 28 per cent overall with an overall net increase of 62ha between 2013 and 2016-2018 across Upper Harbour Local Board.

6. The final part of the ‘knowing’ stage has been to develop a 10-year action plan that identifies target areas where trees can be planted to help increase canopy cover in the local board area.

7. This report is seeking adoption of the Upper Harbour Urban Ngahere 10-Year Action Plan (Attachment A).

8. The local board’s adoption of the action plan will set the direction for tree planting over the next 10 years and enable planning and preparation for the ‘growing’ phase to commence in July 2021.

9. It is recommended the action plan is reviewed every three years to align with local board plan development. This will update the board on planting progress and enable planning for maintaining existing and highlighting next steps to further increase canopy cover.

10. Each year an annual planting plan, including site specific analysis, tree selection, soil and environmental condition analysis, will be prepared. This planning work will require locally driven initiatives operational expenditure (LDI opex) funding. The delivery of the annual planting plan will require local board LDI capital expenditure (capex) funding.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) adopt the Upper Harbour Urban Ngahere 10 Year Action Plan (refer Attachment A to the agenda report).

b) request that Parks, Sport and Recreation staff review the Upper Harbour Urban Ngahere Action Plan implementation work programme annually and provide a report to the local board on the delivery of new tree plantings.

c) request that Parks, Sport and Recreation staff review the Upper Harbour Urban Ngahere 10‑Year Action Plan every three years and provide a report updating the local board on progress of delivery of the action plan.

d) delegate authority to the General Manager - Parks, Sport and Recreation, to make minor changes and amendments to the text and design of the Upper Harbour Urban Ngahere 10‑year Action Plan.

Horopaki

Context

11. In 2016, staff studied the extent of urban forest canopy coverage across Tāmaki Makaurau using information captured from an aerial flight using LiDAR survey technology.

12. A detailed tree canopy analysis report was developed by staff from the Research Investigation Monitoring Unit (RIMU) and a regional strategy was developed which the Governing Body approved in October 2018.

13. The regional strategy’s objective is to increase regional tree canopy cover to 30 per cent, with no local board area having less than 15 per cent canopy cover by 2050.

14. Local boards’ role in reaching this target is to develop local implementation plans to address the canopy loss in their local board area. The local implementation plan has three stages: ‘knowing’, ‘growing’ and ‘protecting’.

15. The ‘knowing’ stage of this planning included analysis of the cover that currently exists across the local board area and a comparison of net change over a three to five-year period. The percentage canopy cover analysis measures all vegetation on public and private land that is over 3m in height.

16. The Upper Harbour Urban Ngahere (Forest) Analysis Report 2019 was provided in draft for local board approval (resolution number UH/2019/115). It found that the average tree canopy cover across the local board area was 27 per cent based on the findings of the 2013 LiDAR work.

17. The findings from the analysis report have been used to help inform development of the Upper Harbour Urban Ngahere 10-Year Action Plan, providing guidance on how to direct new tree planting efforts to increase overall tree canopy cover.

18. The action plan will provide long-term direction on planting new trees across the local board area with a goal to increase overall tree canopy coverage.

19. Adoption and implementation of the action plan will lead to:

· planting of new specimen trees

· undertaking enrichment planting in local parks

· working with Auckland Transport to increase tree cover in the road corridor

· providing guidance and direction for community groups and council departments undertaking or organising community planting events.

20. Targets and areas to focus planting efforts are outlined in the action plan. Planting trees in these areas will increase canopy cover, establish or enhance ecological corridors for wildlife and provide shade for key areas in parks and reserves.

Tātaritanga me ngā tohutohu

Analysis and advice

21. The action plan has been informed by findings from the canopy analysis report. Findings in the analysis report were based on a LiDAR survey that was completed in 2013.

22. A follow up LiDAR survey was carried out in 2016-2018 and findings show a net increase in canopy cover in the local board area between 2013 and 2018. The net increase in overall tree canopy coverage equates to approximately 62ha2 more tree canopy cover when compared to 2013. The overall net increases in canopy coverage took place across the local board area, with the largest gains being measured on ‘other public land’ (e.g. Crown-owned land), public parks and within the road corridor. These net gains were observed across all of the land tenure categories.

23. The comparative findings show an overall positive increase in tree cover took place between 2013 and 2018. The largest increases in tree canopy coverages were observed on public land with net increases of 2 per cent on public parks and 2 per cent in the road corridor. These net gains on public land amount to a total increase in tree canopy cover of approximately 62.3ha indicating a positive trajectory of improvement. Comparative analysis of the two data sets is now finalised and will be reported to the local board in late July 2021.

24. Site assessments have been carried out to investigate suitable locations for planting new specimen trees based on the information in the analysis report. The primary areas of assessment were parks with playgrounds and local streets that could provide green corridor connections between local parks.

25. These investigations, along with extensive site visits and subject matter expert input, have helped to inform the proposed locations and set the target for planting that is outlined in the action plan.

26. The target for the local board is to maintain existing and to increase tree canopy cover by at least 2 per cent in the road corridor and on public reserve land over a 10-year period. This will require the planting of at least 100 large growing specimen trees annually. Doing this annually over 10 years will increase overall tree canopy coverages on publicly managed land by 2030.

27. The adoption of the action plan and its implementation will (over a 30-year period), lead to incremental changes that will help work towards achieving above the regional target of 30 per cent canopy cover.

28. Reporting on implementation of the plan every three years aligns with local board plan development. This will enable the local board to review the target and planting strategy, plan for the next areas of planting and consider the allocation of budgets required.

29. Staff have recommended a realistic target for the local board to work towards in the action plan. It is forecast that with small increases in new planting and decreases in tree removal year on year, the current 28 per cent cover is at least maintained with potentially an incremental increase as the new annual tree plantings mature over the next 10 years.

Tauākī whakaaweawe āhuarangi

Climate impact statement

30. Implementation of the strategy and the action plan is an example of an integrated approach to help mitigate emissions, build resilience longer term and enable adaptation to the impacts of climate change to meet Auckland Council’s climate goals.

31. The strategy is identified as a key action in Te Tāruke-ā-Tāwhiri - Auckland’s Climate Plan 2020.

32. Increasing stock of trees and vegetation in Tāmaki Makaurau will increase carbon sequestration and contribute towards reducing net greenhouse gas emissions.

33. Increasing trees and vegetation also provides various natural functions that assist with adaptation to the climate change impacts for humans and other species, such as:

· providing a shading and cooling effect to counter rising temperatures

· slowing and reducing stormwater runoff to assist in managing increased rainfall events

· improve air quality by trapping particulates and filtering vehicle pollutants

· providing additional habitat for indigenous species to occupy, enhancing their resilience to climate change impacts.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

34. Collaboration across Parks, Sport and Recreation (PSR), Infrastructure and Environmental Services and Community Facilities (CF) has been key to the development of the action plan.

35. CF has helped inform where the current maintenance and renewal programme for trees can be strengthened to improve the overall diversity and increase the extent of the tree canopy cover.

36. PSR will work with CF in developing the renewals programme to ensure an ongoing programme of tree renewal occurs to replace poor and ailing stock and to replant where dead, dying or diseased trees are removed.

37. Staff will continue to collaborate and develop a tree planting programme and implementation plan for the delivery of new tree plantings in the 2022 planting season and beyond.

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

Local impacts and local board views

38. The early draft action plan was workshopped with the local board on 8 October 2020. At the workshop, board members were presented the draft plan and were asked to provide feedback.

39. The feedback received at the workshop has been incorporated into the final draft of the Upper Harbour Ngahere Action Plan 2021 included as Attachment A to this report.

Tauākī whakaaweawe Māori

Māori impact statement

40. The strategy was workshopped with mana whenua during its development in three workshops during 2017 and 2018. Feedback and views discussed at the hui helped to shape the final version of the strategy.

41. The use of native trees for all new tree planting is a strong view of mana whenua and as such, natives are the first choice for planting as outlined in the strategy. Native trees are also identified as the preference for planting in the action plan.

42. New tree plantings will benefit local Māori and the wider community by providing increased opportunities for access to nature and providing shade in the local park network.

43. Mana whenua will be updated in the coming months on the local implementation programme and will be engaged to support tree planting advice and to provide a cultural narrative in the choice of species for local areas.

Ngā ritenga ā-pūtea

Financial implications

44. The adoption of the action plan will conclude the ‘knowing’ stage of the local board’s implementation of the strategy which is funded by the LDI opex budget.

45. Delivery of the ‘growing’ stage will be funded by capex from various budgets. These include local board LDI and asset-based services, the Natural Environment Targeted Rate and Mayor’s Million Trees budgets that are allocated by the Governing Body.

46. The adoption of the action plan will help to direct priorities for future funding, along with ensuring the right trees are planted in the right places.

47. To ensure the target outlined in the action plan is met, a scaled approach is recommended to increase the amount of LDI capex through the local board’s Community Facilities annual work programme to increase the numbers of new specimen trees being planted. The amount of funding required will be quantified annually based on priorities to advance new tree plantings in areas of need.

48. LDI opex will be required each year for development of site-specific plans for board approval to enable delivery of the local board’s annual tree planting programme. This is currently included in the 2021/2022 work programme and in principle for the 2022/2023 and 2023/2024 work programmes.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

49. The trajectory of loss of tree canopy cover across the local board area is expected to continue on private land as the area develops. New tree planting on public land is necessary to help offset these changes over the longer term.

50. Sufficient time is required to plan and prepare for planting. Should the local board not adopt the plan, there is a risk that the ‘growing’ stage of the strategy will not be able to start in June 2021.

51. The 10-year action plan outlines a detailed ‘Planting Opportunities List’ to ensure the right tree is planted in the right place. Should the local board not adopt the action plan, there is a risk that trees planted in 2021 will not be appropriate for their location.

52. There is a risk of poor maintenance of plants once they are in the ground. Adoption of the action plan will help mitigate this risk and enable staff to employ best practice tree planting and ongoing maintenance methods.

Ngā koringa ā-muri

Next steps

53. Following adoption of the action plan, annual planting plans will be completed that identify areas for new planting in 2022 and 2023. These assessments will advise CF, Auckland Transport and other delivery partners on priorities for the ‘growing’ stage.

54. If funding becomes available to fund new tree planting through capex projects, sponsorship, renewals and upgrades, an annual update on the ‘growing’ stage will be developed for the local board. These reports will be provided by departments that are leading the tree planting and collated by PSR staff to enable high level reporting on total numbers of new trees planted.

55. In 2023, staff will review the strategy, report to the board on successes and challenges and recommend direction for planting and funding allocation for the following three years.

56. The analysis of the 2018 data is complete and enabled the Upper Harbour Urban Ngahere (Forest) Analysis Report 2019 to be updated. Staff will provide the updated report for endorsement to the local board in August 2021.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Upper Harbour Urban Ngahere 10-Year Action Plan	127

Ngā kaihaina

Signatories

Author

Howell Davies - Senior Advisor - Urban Forest

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

15 July 2021

Eke Panuku Development Auckland - Upper Harbour Local Board report to 31 March 2021

File No.: CP2021/06695

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

3. This report covers Eke Panuku’s 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.

6. Eke Panuku is supporting the urban regeneration in Hobsonville where eight houses have been built, and negotiations are underway for the future of the Wasp Hangar.

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

8. Eke Panuku currently manages 45 leases in the Upper Harbour Local Board area.

Ngā tūtohunga

Recommendation/s

That the Upper Harbour Local Board:

a) receive the Eke Panuku Development Auckland - Upper Harbour Local Board report for the period 1 September 2020 to 31 March 2021, noting that the report is for information only and no decision-making is required.

Horopaki

Context

9. 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.

10. Auckland 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. Eke Panuku imagines 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.

11. 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.

12. In the period 1 September 2020 to 31 March 2021, we continued our urban regeneration programme across the region, brought a $22.8 million 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

Urban regeneration – Upper Harbour Local Board area

13. Eke Panuku supports urban regeneration projects around the region, outside of our priority locations. These sites deliver new homes, quality design and urban regeneration outcomes.

14. Airfields - Stage 2: Construction has started on all remaining terraced houses. Eight houses are already complete and awaiting titles before settlement and new owners moving in.

15. Negotiations are underway over the remaining sites, which includes the Wasp Hangar.

Property management and properties of Upper Harbour Local Board interest

16. Eke Panuku manages 45 leases in the Upper Harbour Local Board area.

Acquisitions

17. Eke Panuku purchased no properties on behalf of the Auckland Council group in the Upper Harbour Local Board area during the reporting period 1 September 2020 to 31 March 2021.

Disposals

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

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

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

21. 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.

22. There were no unconditional agreements reached in the Upper Harbour Local Board area during the reporting period.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

24. 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.

25. 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 Upper Harbour Local Board residents 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.

26. 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.

27. 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

28. 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.

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

30. 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

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

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

Tauākī whakaaweawe Māori

Māori impact statement

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

34. Eke Panuku has worked closely with 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.

35. 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.

36. 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.

37. 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.

38. 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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

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

Ngā koringa ā-muri

Next steps

42. The next six-monthly report will cover the period 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

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

15 July 2021

Draft proposal to make a new Signs Bylaw

File No.: CP2021/09763

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 transport system and environment.

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

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

· increase the current portable sign prohibited area to cover the entire city centre zone

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

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

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

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

7. There is a reputational risk that the draft proposal or the local board’s support do not reflect the views of people in their local board area. This risk would be partly mitigated by the opportunity for the local board to provide views on public feedback prior to a final decision.

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

9. A summary of feedback and a draft deliberations report will be circulated to local boards in January 2022 so that formal feedback can be resolved at February 2022 business meetings.

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

10. 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, transport system and environment.

11. 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 that 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

12. 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 on the following page):

2015 Signage Bylaw review process

13. Staff have prepared a draft proposal to implement the decision of the committee and Board of Auckland Transport (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

14. 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.

15. 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

16. 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, transport system and environment.

17. 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

18. 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 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

19. 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

20. 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

21. 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.

22. 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

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

24. 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]}

25. The Regulatory Committee and Board of Auckland Transport considered these views on 20 April 2021 (resolution number 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.

26. 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.

27. 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

28. 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.

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

30. 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.

31. 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

32. 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

33. 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 are	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

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

35. 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.

36. 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 the ‘Context’ section).

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Attachment A - Draft proposal for new signs bylaw and controls	173

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Steve Hickey - Policy Analyst

Authorisers

Paul Wilson - Senior Policy Manager

Lesley Jenkins - Local Area Manager

Upper Harbour Local Board

15 July 2021

PDF Creator

Upper Harbour Local Board

15 July 2021

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

File No.: CP2021/09983

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 Upper Harbour 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 Policy Advisor

Authorisers

Louise Mason - GM Local Board Services

Helgard Wagener - Acting Policy and Planning Manager

Lesley Jenkins - Local Area Manager

No.	Title	Page
a ⇩	Governance forward work calendar - July 2021 to February 2022	321

No.	Title	Page
a ⇩	Upper Harbour Local Board record of workshop - 10 June 2021	325
b ⇩	Upper Harbour Local Board record of workshop - 24 June 2021	327
c ⇩	Upper Harbour Local Board record of workshop - 1 July 2021	329

[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	Lisa Whyte
Deputy Chairperson	Margaret Miles, QSM, JP
Members	Anna Atkinson
	Uzra Casuri Balouch, JP
	Nicholas Mayne
	Brian Neeson, JP

Authors	Cindy Lynch - Democracy Advisor
Authoriser	Lesley Jenkins - Local Area Manager