Agenda of Waiheke Local Board - Wednesday, 21 July 2021

1 Welcome

Kua uru mai a hau kaha, a hau maia, a hau ora, a hau nui,

Ki runga, ki raro, ki roto, ki waho

Rire, rire hau…pai marire

Translation (non-literal) - Rama Ormsby

Let the winds bring us inspiration from beyond,

Invigorate us with determination and courage to achieve our aspirations for abundance and sustainability

Bring the calm, bring all things good, bring peace… good peace.

2 Apologies

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

3 Declaration of Interest

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 Waiheke Local Board:

a) confirm the extraordinary minutes of its meeting held on Wednesday, 15 June 2021 and the ordinary minutes of its meeting, held on Wednesday, 23 June 2021, as a true and correct record.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Waiheke Local Board. This means that details relating to deputations can be included in the published agenda. Total speaking time per deputation is ten minutes or as resolved by the meeting.

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

9 Public Forum

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

9.1 Public Forum - Quiet Sky Waiheke - Helicopter Consents

Whakarāpopototanga matua

Executive summary

1. Quiet Sky Waiheke representatives will be in attendance to speak under public forum regarding Helicopter Consents.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) thank Quiet Sky Waiheke representatives for their attendance to speak regarding Helicopter Consents.

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.”

11 Notices of Motion

Under Standing Order 2.5.1 a Notice of Motion has been received from Member Robin Tucker for consideration under item 14.

No.	Title	Page
a ⇩	Councillor's Update - July 2021	9

No.	Title	Page
a ⇩	Chairpersons report - July 2021	21

No.	Title	Page
a ⇩	Notice of Motion - Helicopter Consents	27

Waiheke Local Board

21 July 2021

Auckland Transport Report - July 2021

File No.: CP2021/09616

Te take mō te pūrongo

Purpose of the report

1. To provide an update to the Waiheke Local Board on transport related matters in their area including the Local Board Transport Capital Fund (LBTCF), and Community Safety Fund (CSF).

Whakarāpopototanga matua

Executive summary

This report covers:

2. A general summary of operational projects and activities of interest to the board.

3. An update on Auckland Transport projects identified in the Waiheke 10 Year Transport Plan.

4. An update on the board’s Transport Capital Fund and Community Safety Fund.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) receive the Auckland Transport July 2021 update report.

Horopaki

Context

5. Auckland Transport is responsible for all of Auckland’s transport services, excluding state highways. We report monthly to local boards, as set out in our Local Board Engagement Plan. This reporting commitment acknowledges the important engagement role local boards play within the governance of Auckland on behalf of their local communities.

6. This report updates the Waiheke Local Board on Auckland Transport (“AT”) projects and operations in the local board area, it updates the local board on their advocacy and consultations and includes information on the status of the Local Board Transport Capital Fund (“LBTCF”) and Community Safety Fund (“CSF”).

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Transport Capital Fund (LBTCF)

7. The LBTCF is a capital budget provided to all local boards by Auckland Council and delivered by Auckland Transport. Local boards can use this fund to deliver transport infrastructure projects that they believe are important but are not part of AT’s work programme.

8. The emergency budget allocation for the financial year 2020/2021 was $97,061. At the November 2020 business meeting the board approved the use of up $25,000 from their Local Board Transport Capital Fund for installation and supply of two bus shelters at the taxi rank platform in the Matiatia carpark.

9. The current amount of funding proposed in the Regional Land Transport Plan is $400,000 per annum.

10. The unspent budget of $71,000 from 20/21 will also be able to be carried forward for the board to allocate as they see fit. Auckland Transport will work with the local board to discuss and advise on the best use of the budget.

Community Safety Fund (CSF)

11. The CSF is a capital budget established by Auckland Transport for use by local boards to fund local road safety initiatives. The purpose of this fund is to allow elected members to address long-standing local road safety issues that are not regional priorities and are therefore not being addressed by the Auckland Transport programme.

12. The CSF is funded from Auckland Transport’s safety budget and has been constrained through the Emergency Budget process. Public consultation and design work is progressing so that projects are designed and ready to go when FY21/22 budgets are confirmed.

Update on Auckland Transport operations:

13. The table below has a general summary of projects and activities of interest to the local board with their status. Please note that:

· All timings are indicative and are subject to change.

· The Waiheke Operations Manager will update the local board in the event of any amendments or changes to the summaries provided for below.

Activity	Update
Roundabout - Oneroa	The raised central island at the intersection of Tui and Oceanview Roads in Oneroa has been removed under the Waiheke Tracking project to improve bus tracking, especially for the new e-buses that have tighter turns. Tracking showed that the buses had to track over the centre island to make the turn, with tyre marks observed on the semi-mountable kerbs and the blue “Keep Left” signs knocked over or bent. These signs are not legally required to define a roundabout and they are not being reinstated. The intersection still operates as a roundabout with signs posting it a roundabout, as encircled in red below. To highlight the centre island, red coloured surfacing is due to be installed with a white edge line painted around it. An update will be provided to the board when the contractor has been confirmed.
EV chargers	A request for installation and supply of EV charging facilities at 107 Donald Bruce Rd, Surfdale (Kennedy Point upper carpark) has been to consultation and is due to be brought to the Transport Control Committee in July for formalization of the parking resolution. The proposal is to create two EV car parking bays with allowance made for e-bike charging, and separate bays for motorbike parking. AT is waiting on legal advice regarding other on-street applications at 26 Anzac Rd, Orapiu, and 1 Third Ave, Onetangi.
Wharves	Matiatia Wharf (main) Project objective: Phase one - to replace the old gangways, pontoon and hydraulic lifting system at the southern (main) berth. The contract has been awarded to Heron Construction who have partnered with Lighthouse Naval Architects (steel pontoon engineering) and Manson Engineering (detailed design and gangway fabrication). Since contract award there have been numerous workshops with AT stakeholders, Fullers and the contractors to find a solution for stability issues arising from the separation of the southern and northern berths. Last month a temporary connection between the two berths was considered but this has created further issues. AT and Fullers have agreed to a proposal from the designers which is currently being designed and finalised. Once these details are clarified, we should be able to provide clearer timeframes of when time on site will be required. Options for use of the Old Wharf are also being prepared for when ferry users will be required to relocate to this facility. These include the operational requirements, HOP machine location, shelter options, pedestrian flow, terminal businesses and overall user experience. A more detailed update will be provided once some of these items are clarified with what that will look like. Matiatia Wharf (old) Project objective: To enable commuter vessels to berth at this wharf in the event of emergency or as back up to works taking place on the main berths Berthing trials completed. Items were designed and fabricated with the contractor on site July and likely early August to finish off this scope. Waiheke Coastguard The Waiheke Coastguard currently occupy a permanent berthing position alongside the main wharf and recently expressed a desire to relocate permanently to the old wharf. AT is due to meet end July with representatives of Coastguard to discuss their proposal. The proposal is due to be brought to the board for discussion. Matiatia Wharf (wayfinding) Updated wayfinding at the ferry terminal has been installed to provide improved directional signage for access to buses, shuttles and taxis.
Road Maintenance	Programmed works July works includes water tabling and other routine cyclic maintenance of signs, drains and potholes. Grading · Stony Batter Rd. · Cowes Bay Rd. Road maintenance · Wharf Rd.- shoulder repairs · Korora Rd. – shoulder repairs · Te Toki Rd. Wheel stop replacement · Causeway Rd. · Wharf Rd. · Ostend Rd. Watertabling · Orapiu Rd, Orapiu.
Metro Ferry Services	Ferry Services Patronage for the month continues to increase month on month. Overall, numbers for May were 91% of 2019 numbers which has been a better response rate than most other services and in line with expectations. A small number of capacity issues were reported during the month on passenger services with left behinds reported on 3 weekend days in the month. It should be noted that whilst patronage recovery to the island is encouraging, as a % of 2019 figures this is expected to decrease as we head into summer. COVID-19 Crew and passenger compliance with Ministry of Health guidelines and Health Notices through the month continued to be good. No issues reported.

Update on Auckland Transport operations:

14. This list is initially an update on the projects outlined in the “Waiheke 10 Year Transport Plan: Project Lists draft for consultation June 2019”.

15. The Waiheke Operations Manager will update the local board in the event of any amendments or changes to the summaries provided for below.

Activity

Summary

Update

Te Huruhi School

New pedestrian crossing outside Te Huruhi School, Donald Bruce Rd.

The proposal is for a new pedestrian crossing to be constructed outside the school.

Consultation is currently underway within various internal AT departments. Updates will be provided once this has been collated and submitted to the local board for their input.

The school and Transport Forum have also provided input to the proposed design.

Matiatia landside transport improvements

Development of a strategic business case for the master redevelopment of the Matiatia precinct, including carparking, footpaths, surrounding streets and modal access arrangements

The project is on hold pending:

1) Engagement discussions in progress with the Iwi Mana whenua of the area.

2) $25.6m has been confirmed in the 2021-2031 Regional Land Transport Plan (RLTP) for this project.

The next steps will be sharing the plan options with stakeholders for their input.

New bus network infrastructure

Provision of infrastructure to support the new Waiheke bus network, which will require new bus stops and the removal of redundant bus stops

Donald Bruce Road, Surfdale.

Seven stops will be built/upgraded starting shortly and are now expected to be completed by August. The delay was caused by budget restraints.

Two stops with shelters at this stage are corner of Esslin Rd and Donald Bruce Rd, and outside the School – both on the Matiatia bound side of the road will be completed first.

The rest will follow shortly thereafter.

Regulated parking – Belgium St

Modification and upgrade of the bus stops, pedestrian crossings and footpaths on Belgium Street, as well as implementation of regulated parking

Design work for future bus stop improvements is progressing.

Bus infrastructure is being assessed at the bus stop outside #13 Belgium St to improve visibility issues at the nearby vehicle entrance/exit.

Crossing improvement - Sea View Rd

Upgrade of the crossing on Sea View Road to high friction surfacing

Considered for upgrade in new financial year.

Downtown redevelopment

· Quay Street Enhancement

· Downtown Public Space

· Ferry Basin Redevelopment

Quay Street Enhancement

Complete.

Te Wānanga
(Downtown Public Space)

The official opening of the Te Wānanga public space opened on 2 July 2021

Te Ngau o Horotiu
(Ferry Basin Redevelopment)

The six new ferry berths named Te Ngau O Horotiu welcomed their first passengers on 5 July 2021.

Intersection upgrade - Moa Road / Oceanview Rd

Upgrade of the Moa Road / Oceanview Road intersection to improve road safety and allow for pedestrian access to Little Oneroa.

The project is currently subject to funding confirmation.

Community Safety Fund

16. The CSF is funded from AT’S safety budget and is dependent on the level of funding AT receives from Auckland Council. This level of funding has been constrained through the 2020 Emergency Budget process.

17. Now that Auckland Council’s emergency budget is confirmed, AT is reviewing all CSF projects. It is possible that some projects are delayed or even stopped.

18. The local board resolved for Auckland Transport to construct an improved and dedicated pedestrian and cycle facility along Causeway Road (coastal side).

19. This is project 13 from the Waiheke 10 Year Transport Plan.

Project

Approved funding

Update

The Causeway – from Shelley Beach Rd to the Boating Club

Community Safety Fund (CSF)

Design is complete.

Resource consent to be obtained before commencing the physical works.

Construction on this project is subject to budget approval.

The local board will be advised on budget confirmation and progress.

Outstanding AT responses to local board requests or queries

20. WHK/2020/63. Provide details of the process for closing The Esplanade to all motor vehicles except those used for emergency purposes. To be progressed with Traffic Safety and AT Legal in the new financial year when budget becomes available.

21. WHK/2020/10. Provide clarity around Auckland Transport’s position on managing apparent anti-completive practices at Matiatia (and Downtown) ferry terminals, and surrounds.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22. Auckland Transport engages closely with Council on developing strategy, actions and measures to support the outcomes sought by the Auckland Plan 2050, the Auckland Climate Action Plan and Council’s priorities.

23. Auckland Transport’s core role is in providing attractive alternatives to private vehicle travel, reducing the carbon footprint of its own operations and, to the extent feasible, that of the contracted public transport network.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24. The impact of the information in this report is confined to Auckland Transport and does not impact on other parts of the Council group. Any engagement with other parts of the Council group will be carried out on an individual project basis.

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

Local impacts and local board views

25. The proposed decision of receiving the report has no local, sub-regional or regional impacts.

Tauākī whakaaweawe Māori

Māori impact statement

26. The proposed decision of receiving the report has no impacts or opportunities for Māori. Any engagement with Māori, or consideration of impacts and opportunities, will be carried out on an individual project basis.

Ngā ritenga ā-pūtea

Financial implications

27. There are no financial implications of receiving this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28. The proposed decision of receiving the report has no risks. Auckland Transport has risk management strategies in place for all their projects.

Ngā koringa ā-muri

Next steps

29. Auckland Transport will provide another update report to the local board at their next business meeting in August 2021.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Richard La Ville – Operations Manager – Waiheke & Gulf Islands Airfields

Authorisers

John Strawbridge, Group Manager Parking Services & Compliance

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

Waiheke Local Board

21 July 2021

Waiheke Local Board formal feedback on the Ministry of Transport Review of the public transport operating model (PTOM)

File No.: CP2021/10301

Te take mō te pūrongo

Purpose of the report

1. The purpose of the report is to note the Waiheke Local Board’s formal feedback on the Ministry of Transport’s Review of the public transport operating model (PTOM) discussion paper.

Whakarāpopototanga matua

Executive summary

2. The Waiheke Local Board has provided feedback to the Ministry of Transport Review of the public transport operating model (PTOM). Auckland Council did not seek to provide regional feedback to which the local board could append its own views therefore the Waiheke Local Board provided it own feedback directly.

3. The government submission period along with the subsequent establishment that there was not to be an Auckland Council regional report seeking local board views circulated meant that it was not possible to get board for approval of the feedback at a business meeting before the submission due date of 18^th June 2021.

4. The board’s formal feedback is included with this agenda report as Attachment A.

5. Where tight deadlines for formal feedback by the board on policy matters prevent approval at a business meeting of the board, the Chair is empowered to approve feedback submission via the following resolution. In this instance given there was no Auckland Council regional report to inform feedback was provided directly to the Ministry of Transport as Auckland Council feedback specific to the Waiheke Local Board.

Local board feedback for inclusion in Auckland Council submissions

Resolution number WHK/2020/54

MOVED by Member R Tucker, seconded by Deputy Chairperson B Upchurch:

That the Waiheke Local Board:

a) delegate authority to the Chair to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils.

b) note that the local board can continue to use its urgent decision process to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils, if the chair chooses not to exercise the delegation sought in recommendation (a).

c) note that this delegation will only be exercised where the timeframes do not allow for local board input to be considered and approved at a local board meeting.

d) note all local input approved and submitted for inclusion in an Auckland Council submission is to be included on the next local board meeting agenda for the public record.

CARRIED

6. The Ministry of Transport are reviewing PTOM to understand how it is working and whether it can be improved. https://www.transport.govt.nz/area-of-interest/public-transport/public-transport-operating-model/

7. An opportunity was provided for stakeholders and public to give feedback in May/June 2021 do a discussion paper.

8. The Ministry were seeking feedback from the sector and the public to ensure they had identified the relevant issues and opportunities as part of their review, and to inform how they may design any changes to PTOM.

9. The discussion paper sought feedback from the sector and wider public on:

· Proposed new objectives for PTOM

· How PTOM could better support decarbonisation of the public transport bus fleet

· Roles and relationships in the public transport sector (e.g. regional councils, bus operators, road controlling authorities and Waka Kotahi)

· The labour market in the public transport bus sector

· Services that operate outside of PTOM (exempt services)

· On-demand public transport services.

10. The legislation that established PTOM is known as enabling legislation, which means that it sets the overall framework for the planning and procurement of public transport services. Under PTOM regional councils and Auckland Transport (AT) are responsible for providing public transport services and make their own decisions about how those services operate.

7. The current passenger ferry service between downtown Auckland and Waiheke is currently an exempt service. The local board have been active advocates for the service to be brought within PTOM and this was the central aspect of their feedback to the Ministry of Transport.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) note the formal feedback provided (Attachment A) through the approved Chair delegation to the Ministry of Transport Review of the public transport operating model (PTOM) discussion paper.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	20210618_Submitted WLB feedback to inform the review of the public transport operating model	43

Ngā kaihaina

Signatories

Author	Dileeka Senewiratne - Democracy Advisor
Authoriser	Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

No.	Title	Page
a ⇩	Waiheke Local Board Feedback on the Future Connect Cycle and Micromobility Strategic Network.	53

Waiheke Local Board

21 July 2021

Approval of application for a Dark Sky Park in eastern Waiheke

File No.: CP2021/10329

Te take mō te pūrongo

Purpose of the report

1. To seek board support for the establishment of a Dark Sky Park in eastern Waiheke.

Whakarāpopototanga matua

Executive summary

2. The Waiheke Local Board approved a Notice of Motion in 2018 to protect Waiheke’s night skies.

3. In July 2018 funding was approved for the development of a Lighting Management Plan which was completed for eastern Waiheke.

4. Dark Sky Waiheke is currently completing an application to the International Dark Sky Association to be submitted before the end of 2021.

5. Waiheke Local Board and Auckland Council approval of the Lighting Management Plan and application is required to support a successful outcome.

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

a) support the application of Dark Sky Waiheke to the International Dark Sky Association for a Dark Sky Park in eastern Waiheke.

b) request that relevant Auckland Council and Auckland Transport departments review and provide feedback on the draft Lighting Management Plan and compliance schedule with urgency.

c) sends a deputation, together with Dark Sky Waiheke representatives, to the Auckland Council Planning Committee at its 5 August 2021 meeting to request a letter of support for the Dark Sky application.

Horopaki

Context

6. The Waiheke Local Board at its business meeting on 22 February 2018 approved the following notice of motion:

Notice of Motion - Member Shirin Brown - Waiheke's Night Skies

Resolution number WHK/2018/50

MOVED by Chairperson P Walden, seconded by Member B Upchurch:

Motion

That the Waiheke Local Board:

a) reconfirm its commitment to “Work to protect our night skies for present and

future generations” to meet the Waiheke Local Board Plan objective to

“Restore and protect our natural environment in partnership with our

community”

b) agree to apply for accreditation by the International Dark-sky Association

(IDA) which is an award-winning organisation that helps eligible locations to

protect their night skies for present and future generations

c) accept the assistance of the Waiheke Dark Sky Team (viz. Nalayini & Gareth

Davies of Rocky Bay, Kim Wesney & Sarah Morrison of Oneroa, Mary

Matthews of Orapiu and other specialists) which is offered on a voluntary

basis to coordinate this response and work with local board officers on the

final draft

d) recommend that Auckland Council supports and assists the Waiheke Local

Board to improve current lighting policies through the forthcoming District

Plan Review

e) delegate Member S Brown to be the point of contact with the Waiheke Dark

Sky Team.

4. In July 2018 the board approved the allocation of $15,000 in the Locally Driven Initiatives Opex for the preparation of the Lighting Management Plan for Waiheke, to be coordinated by the Plans and Places Department in conjunction with Dark Skies Waiheke in 2018/19.

5. Initially the whole island was in scope for the Lighting Management Plan but due to the prevalence of street lighting in western Waiheke and low levels of public lighting in eastern Waiheke, the final Lighting Management Plan was rescoped to include only eastern Waiheke with the boundary shown in the map below. The plan is included in this agenda report as Attachment A. Following advice for Dark Sky Waiheke, the board decided to prepare for an application for a Dark Sky Park in eastern Waiheke only, leaving the development of western Waiheke as a Dark Sky Community, which has a less restrictive set of guidelines, to sometime in the future.

6. In 2020 the board approved a further $6000 from the Locally Driven Initiatives Opex to complete the rescoped lighting management plan.

7. Upon completion of the draft Lighting Management Plan, Dark Skies Waiheke (DSW) with the support of the Strategic Broker and Local Board Advisor commenced preparation of the application to the International Dark Skies Association. The following requirements of the application have been completed:

· Light measurement of sky quality

· Compliance Schedule drafted which is included in this report as Attachment B.

· Observation points identified on both public and private sites with approvals sought

· Council departmental approvals requested for eastern Waiheke only: (Community Facilities, Licensing & Regulatory Compliance, Parks Sports and Recreation)

· Astrophotography from eastern Waiheke observation points for the inclusion in the application.

8. A draft application will be submitted for review by IDA this month (July 2021) with the full application to be submitted before the end of 2021. A sum of $6000 has been allocated from the board’s Empowered Communities budget to cover any expenses associated with the application process.

Tātaritanga me ngā tohutohu

Analysis and advice

9. The board is supporting the application process by requesting letters of support from the Mayor and Planning Committee. A deputation of board members and Dark Sky Waiheke representatives will be presenting at the Planning Committee on 5 August to request a letter of support.

Tauākī whakaaweawe āhuarangi

Climate impact statement

7. The Waiheke Local Board Plan 2020 promotes Waiheke Island as a “Natural Sanctuary in the Gulf” which includes low impact activities such as dark sky observation. The approval of eastern Waiheke as a Dark Sky Park will encourage visitors to the island to engage in an activity which produces a low net carbon output.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

8. The key impact for council departments is ensuring compliance with dark sky guidelines for council’s lighting assets and advising resource consenting applicants of voluntary guidelines bylaw and district plan requirements. Dark Sky Waiheke has produced an information sheet which sets out the appropriate guidelines and requirements which, if approved, can be offered to applicants. The information sheet is included as Attachment C.

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

Local impacts and local board views

9. The approval of a Dark Sky Park will ensure that the excellent quality of the dark skies in eastern Waiheke will be protected and that future developments mitigate the potential light pollution they could create.

10. The Dark Sky Park will enable Waiheke residents and visitors to view and appreciate the stars at night enjoying excellent visibility due to the low levels of light pollution.

Tauākī whakaaweawe Māori

Māori impact statement

11. During the first year immediately post approval, Dark Sky Waiheke will establish a charitable trust. Mana whenua and tangata whenua organisations will be invited to be represented on the trust board.

12. To Māori, Matariki is both the name of the Pleiades star cluster and of the celebration of its first rising in late June or early July. This marks the beginning of the new year in the Māori lunar calendar. The Dark Sky Park will provide both the opportunity and numerous observation points for viewing Matariki.

Ngā ritenga ā-pūtea

Financial implications

13. Since the Dark Sky Park will be governed by a charitable trust, there will be no ongoing costs for council associated with maintaining the Dark Sky Park. Dark Sky Waiheke may occasionally apply for board grants.

14. Should the board decide to develop the Dark Sky concept to the west of the island, there will be further costs associated with a new Lighting Management Plan and IDA application.

15. It is envisaged that the costs of council advice and compliance activity in relation to lighting management can be met under existing resourcing levels.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

16. There is a risk of public resistance to lighting guidelines which limit light pollution in eastern Waiheke. This will be mitigated by using a voluntary guideline which encourages resident and applicant education and support.

Ngā koringa ā-muri

Next steps

17. The next step is the review of the draft Lighting Management Plan and Compliance Schedule by the appropriate council departments and Auckland Transport, the adoption of the final plan by the local board and submission of the plan to IDA for preliminary review.

18. Once the review is completed, the final application will be submitted to IDA before the end of the calendar year.

19. A deputation of board and Dark Sky Waiheke representatives will appear at the August meeting of the Planning Committee to request support for the application.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waiheke Lighting Management Plan	61
b ⇩	Lighting Management Plan Draft Compliance Schedule	79
c ⇩	Draft Infosheet Waiheke Island Lighting Guidelines	83

Ngā kaihaina

Signatories

Author

Mark Inglis - Local Board Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

Waiheke Local Board

21 July 2021

Joint CCO Engagement Plan 2021-2022

File No.: CP2021/10281

Te take mō te pūrongo

Purpose of the report

1. For the local board to adopt its Joint Council-Controlled Organisations (CCO) Engagement Plan 2021-2022.

Whakarāpopototanga matua

Executive summary

2. The review panel for the independent review of Auckland Council’s substantive council-controlled organisations presented its findings to the Governing Body and local board chairs in August 2020. All 64 recommendations were adopted.

3. Recommendations 6, 34, and 53 were designated as those that CCOs would work with local boards to implement. Recommendation 34 (b) of the 2020 CCO Review advised the preparation of joint CCO engagement plans for each local board.

4. A template for the joint engagement plan has been developed in conjunction with local board members and CCO staff over the last six months. While it will be signed, it will be a live document that will be updated as required.

5. Workshops have been held at all 21 local boards with CCO staff. Local boards have provided their views on CCO delivery and engagement in their area, and the degree of engagement they expect for each project or programme, both for the local board and for the community.

6. These discussions have formed the basis of the Joint Engagement Plan 2021-2022 that is provided as Attachment A.

Ngā tūtohunga

Recommendations

That the Waiheke Local Board:

a) adopt the Joint Engagement Plan 2021-2022 as agreed between the local board and Auckland Council’s substantive Council-Controlled Organisations: Auckland Transport, Auckland Unlimited, Panuku Development Auckland, and Watercare

b) note that the Joint Engagement Plan is a live document that will be updated as needed, with changes reported to the local board each quarter.

c) authorise the chair of the local board to sign this agreement on behalf of the local board, in conjunction with representatives from the four CCOs.

Horopaki

Context

7. In November 2019, the Governing Body approved the draft terms of reference for an independent review of Auckland Council’s substantive council-controlled organisations (CCOs) (GB/2019/127).

8. These terms of reference required the independent review panel to consider whether CCOs were an efficient and effective model for delivering services, and whether the CCO decision-making model had enough political oversight, public transparency and accountability.

CCO Review Findings

9. The independent panel presented the findings of the CCO Review to the Governing Body and local board chairs on 11 August 2020.

10. The review made 64 recommendations noting that the recommendations should be considered as a package. On 27 August 2020, the Governing Body resolved to agree in principle all of the review’s recommendations (GB/2020/89).

11. Local boards provided input to the CCO Review by:

· participating in the CCO Review process

· providing feedback on the final report to the Governing Body in August 2020.

12. The 64 recommendations were divided up into categories of work:

· those to be implemented by the council’s chief executive

· those the council’s chief executive would work with CCO chief executive(s) to implement

· those that the Panuku Development Auckland board would consider and report back on

· those that CCOs would work with local boards to implement; this last group includes recommendations 6, 34, and 53.

13. Recommendation 34 was that CCOs and local boards reset how they engage with one another, by means of:

a) a workshop to develop a more meaningful way for CCOs and local boards to work together

b) the preparation of joint CCO engagement plans for each local board

c) more initiative by local boards in integrating their own planning with CCO planning

d) liaison between CCOs and local boards at a more senior level so CCOs can quickly remedy local board concerns

e) the preparation of joint CCO six-monthly reports for each local board

f) the communication of clear, up-to-date information from CCOs to local boards on projects in their area.

14. This report focusses on activities undertaken to deliver part (b) of recommendation 34, the preparation of a joint CCO engagement plan for each local board.

Tātaritanga me ngā tohutohu

Analysis and advice

Developing a joint CCO engagement plan template

15. Prior to the 2020 CCO Review, the Governance Manual for substantive council-controlled organisations set the expectation that each CCO would prepare a local board engagement plan every three years, by 31 July following local board elections, and report to local boards accordingly. These engagement plans were created separately by the five CCOs, and were generic across all 21 local boards.

16. Recommendation 34 (b) of the 2020 CCO Review advised the preparation of joint CCO engagement plans for each local board.

17. A template for the joint engagement plan has been developed iteratively over the last six months, with input from Auckland Council, Auckland Transport, Auckland Unlimited, Panuku Development Auckland, and Watercare staff.

18. The template includes:

· CCO responsibilities

· local board commitments

· local board plan outcomes and objectives

· names of local board members and staff from the CCOs and local board services

· leads and/or delegations in place

· an overview of the IAP2 Public Participation Spectrum that is used to indicate the degree of engagement in each project

· work programme tables for each CCO.

19. The sections on CCO responsibilities and local board commitments have largely been imported from previous engagement plans, or directly from the Governance Manual.

20. Local board plan outcomes and objectives have been included to ensure these are front and centre when CCOs are working with local boards.

21. While directly addressing recommendation 34(a), the joint engagement plan also addresses other elements of recommendation 34 as follows:

· documents key contacts, including senior CCO representatives of the organisation well placed to quickly respond to and resolve local concerns (34d)

· gives local boards the opportunity to highlight projects likely to be most significant to them as governors, and contributes to a “no surprises” environment

· the process of developing, agreeing and documenting levels of engagement for each project or programme is the first step towards ensuring the communication of clear, up-to-date information from CCOs to local boards on projects in their area (34f).

22. This template was shared with local boards for feedback via the Chairs’ Forum (December 2020 and May 2021) and via a memo in May 2021.

23. It will be used for the 2021 financial year, with feedback from this 2021 process taken into account and any necessary changes incorporated for future years.

A workshop to develop a more meaningful way for CCOs and local boards to work together

24. In delivering parts (a) and (b) of recommendation 34, staff have linked the two outcomes together and supported local boards and CCOs to customise the content of each local board’s engagement plan via a joint workshop.

25. Staff from the four CCOs have attended joint workshops facilitated by Local Board Services at each of the 21 local boards between May and July 2021.

26. These workshops have provided local boards with the opportunity to share their views on CCO delivery and engagement in their area. They included an outline of each CCO’s work programme relating to the local area, and local boards have provided their views on the degree of engagement they expect for each project or programme.

27. The local board also indicated their preference for whether and how community engagement is undertaken for each project.

Customised engagement plans

28. The discussions that took place at the joint workshops are reflected in the customised version of the engagement plan provided for this local board as Attachment A.

29. This plan represents a point in time, and will be subject to change over the course of the year. It is a “live document” that will be updated when needed. Major changes to the CCO work programme, or to the agreed level of local board and public engagement, will be workshopped with the local board ahead of any change. Minor changes will be summarised and reported on each quarter.

30. Work programme items that will be confirmed with the formal adoption of the Long-term Plan 2021-2031 (LTP) will be included as they become available. This includes items from the Economic Development Action Plan, and the Regional Land Transport Plan.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31. The adoption of the Joint Engagement Plan 2021-2022 between the local board and Auckland Council’s substantive Council-Controlled Organisations does not have a direct impact on climate.

32. Each CCO must work within Te Taruke-a-Tawhiri: Auckland's Climate Action Framework and information on climate impacts will be provided to local boards on a project or programme basis.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33. Adopting the Joint Engagement Plan 2021-2022 is likely to have a positive impact on other parts of the council as well as between the respective CCOs within each local board area.

34. These plans will be shared with the integration teams that implement local board work programmes, and will give council staff greater visibility of CCO work programmes.

35. To avoid or reduce disruption, staff will align the processes for the local board work programme and the updating of the CCO engagement plans over time.

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

Local impacts and local board views

36. Local board engagement plans will enable local boards to customise engagement between CCOs and communities in their areas, by signalling those issues and projects which are of most significance within their communtiies.

37. Local boards provided input to the CCO Review by:

· participating in the CCO Review process

· providing feedback on the final report to the Governing Body in August 2020.

38. Local boards have been kept up to date on the development of the engagement plan template via:

· input and feedback at December 2020 Chairs’ Forum

· update at May 2021 Chairs’ Forum

· a memo to all local board members in May 2021.

Tauākī whakaaweawe Māori

Māori impact statement

39. Adopting the Joint Engagement Plan 2021-2022 is likely to have a positive impact on local engagement with mana whenua and mataawaka.

40. While both CCOs and local boards have engagement programmes with Māori, the engagement plan will allow a more cohesive and coordinated approach to engagement, with more advance planning of how different parts of the community will be involved.

Ngā ritenga ā-pūtea

Financial implications

41. The adoption of the Joint Engagement Plan 2021-2022 between the local board and Auckland Council’s substantive Council-Controlled Organisations does not have financial impacts for local boards.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

42. It is likely that there will be changes made to work programme items in the engagement plan during the year, or to the level of engagement that the board or the community will have. This risk is mitigated by ensuring that the document states clearly that it is subject to change, contains a table recording changes made since it was signed, and will be re-published on the local board agenda quarterly, to ensure public transparency.

Ngā koringa ā-muri

Next steps

43. With the engagement plans completed for all 21 local boards, staff will develop a reporting framework that best responds to the type of projects and the level of engagement to which local boards and CCOs have agreed.

44. CCOs will work with local boards to ensure that any major changes to the work programme or to engagement levels are workshopped with the board, and well documented.

45. Minor changes will be noted within the live document and shared with the local board each quarter.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waiheke Local Board Joint CCO Engagement Plan 2021-2022	91

Ngā kaihaina

Signatories

Author

Kat Ashmead – Senior Advisor – Operations and Planning – Local Board Services

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

Waiheke Local Board

21 July 2021

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

File No.: CP2021/10048

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

That the Waiheke 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 – General Manager - Local Board Services

Helgard Wagener - Acting Policy and Planning Manager – Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

Waiheke Local Board

21 July 2021

Draft proposal to make a new Signs Bylaw

File No.: CP2021/09835

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

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	119

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Steve Hickey - Policy Analyst

Authorisers

Paul Wilson - Senior Policy Manager

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

Waiheke Local Board

21 July 2021

PDF Creator

Waiheke Local Board

21 July 2021

Waiheke Local Board formal feedback on the Equity of Service Levels and Funding Proposals - Draft Report

File No.: CP2021/10300

Te take mō te pūrongo

Purpose of the report

1. To formally note Waiheke Local Board feedback provided under authorisation of the local board Chair on the Equity of Service Levels and Funding Proposals - Draft Report.

Whakarāpopototanga matua

Executive summary

2. At the 23 June business meeting the Waiheke Local Board resolved to delegate to the Chair the coordination and submission of feedback requested on the Equity of Service Levels and Funding Proposals - Draft Report.

Feedback on Equity of Service Levels and Funding Proposals - Draft Report

Resolution number WHK/2021/1

MOVED by Chairperson C Handley, seconded by Member R Tucker:

That the Waiheke Local Board:

a) acknowledges the empowering intents of the recommendations of the 2016 Governance Framework Review Report which included a need for the shared governance model to be adjusted to increase local board decision making ability on funding allocations and service levels.

b) acknowledges the purpose of this current Equity of Service Levels and Funding Proposals report is to increase the opportunity for local board decision making over community services whilst also introducing an equity-based funding allocation approach for community services and provides the following high level feedback:

i. notes the complexity of these issues and proposes that there would be benefit in the two topics of equity of service and funding, and enhanced decision making being more clearly decoupled from one another and further engagement not only with local boards and Governing Body, but also with residents and users of community services.

ii. acknowledge that there are areas across Auckland where local residents are significantly disadvantaged through the under-provision of community service opportunities

iii. identifies that with respect to any local board funding model that it will need to be responsive to Waiheke needs and geographic situation.

c) delegate to the Chair, in consultation with local board members, to provide further detailed feedback utilising the Attachment B template, in the interim noting that:

i. any funding proposal should introduce new regionally allocated funding rather than solely moving from one local board to another

ii. local boards should have the ability to reallocate funding between activity areas

iii. additional staffing resource be provided to support further investigation and scenario development for this project.

CARRIED

3. Subsequent to the meeting the board developed further feedback within the table provided and on the specific points identified. This was approved by the Chair and submitted to staff.

Ngā tūtohunga

Recommendation

That the Waiheke Local Board:

a) note the board’s feedback on Equity of Service Levels and Funding Proposals - Draft Report. (Attachment A)

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Waiheke Local Board feedback on Equity of Service Levels and Funding Proposals	259

Ngā kaihaina

Signatories

Author

Dileeka Senewiratne - Democracy Advisor

Authorisers

Louise Mason – General Manager - Local Board Services

Glenn Boyd - Local Area Manager – Aotea/Great Barrier and Waiheke Local Boards

[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	Cath Handley
Deputy Chairperson	Kylee Matthews
Members	Robin Tucker
	Bob Upchurch
	Paul Walden