I hereby give notice that an ordinary meeting of the Waitākere Ranges Local Board will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 22 July 2021

4.00pm

Waitākere Ranges Local Board Office
39 Glenmall Place
Glen Eden

 

Waitākere Ranges Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Saffron Toms

 

Deputy Chairperson

Greg Presland

 

Members

Mark Allen

 

 

Michelle Clayton

 

 

Sandra Coney, QSO

 

 

Ken Turner

 

 

(Quorum 3 members)

 

 

 

Elizabeth Stewart

Democracy Advisor

 

12 July 2021

 

Contact Telephone: 021 194 6808

Email: elizabeth.stewart@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Waitākere Ranges Local Board

22 July 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

9          Public Forum                                                                                                                  5

10        Extraordinary Business                                                                                                5

11        Waitākere Ward Councillors' Update                                                                          7

12        Approval for three new public road names at 5 & 7-11 Christian Road, Swanson 9

13        Draft proposal to make a new Signs Bylaw                                                              17

14        Joint CCO Engagement Plan 2021-2022                                                                 161

15        New community lease to Glen Eden Railway Station Restoration Trust (Incorporated), and approval to enter into a sublease at 145 West Coast Road, Glen Eden                                                                                                                            179

16        New leases to Oratia District Ratepayers & Residents Association Incorporated, 565 West Coast Road Oratia                                                                                            187

17        Resource management system reform: Natural and Built Environment Bill exposure draft submission                                                                                                        199

18        Chair's Report - July 2021                                                                                         207

19        Workshop Records                                                                                                    209

20        Governance Forward Work Programme                                                                 341

21        Consideration of Extraordinary Items

 


1          Welcome

 


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.

           

Specifically, members are asked to identify any new interests they have not previously disclosed, an interest that might be considered as a conflict of interest with a matter on the agenda.

 

The following are declared interests of the Waitākere Ranges Local Board:

 

Board Member

Organisation/Position

Mark Allen

-   Community Waitākere – Executive Officer

-   Bethells Valley Fire – Senior Fire Fighter

-   Waitākere Licensing Trust – Trustee

Michelle Clayton

-   Glen Eden Community House – Treasurer

-   Glen Eden Residents’ Association – Treasurer

-   Waitākere Community Organisation Grants Scheme (COGS) – Committee Member

-   The Personal Advocacy and Safeguarding Adults Trust – Trustee

-   Glen Eden Returned Services Association (RSA) – Member

-   Glen Eden Railway Trust – Member

Sandra Coney

-   Cartwright Collective – Member

-   Women’s Health Action Trust – Patron

-   New Zealand Society of Genealogists – Member

-   New Zealand Military Defence Society – Member

-   Pest Free Piha – Partner Peter Hosking is the Coordinator

-   Piha Tennis Club – Patron and Partner Peter Hosking is the President

-   Piha Wetland Trust – Partner Peter Hosking is a Trustee

-   Waitākere Ranges Pest Free Alliance – Partner Peter Hosking is the Co-Chair of this group

-   Waitematā District Health Board – Elected Member & Chair of Hospital Advisory Committee

Greg Presland

-   Whau Coastal Walkway Environmental Trust – Trustee

-   Combined Youth Services Trust – Trustee

-   Glen Eden Bid – Member

-   Titirangi Ratepayers and Residents Association – Member

-   Waitākere Ranges Protection Society - Member

-   Titirangi RSA - Member

Saffron Toms

-   Titirangi Community House – Secretary

-   Huia-Cornwallis Residents and Ratepayers Association – Committee Member

Ken Turner

-   Huia-Cornwallis Residents and Ratepayers Association – Committee Member

Member appointments

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

External community group or organisation

Lead

Alternate

Aircraft Noise Community Consultative Group

Mark Allen

Saffron Toms

Ark in the Park

Mark Allen

Sandra Coney

Friends of Arataki and Waitākere Regional Parkland Incorporated

Michelle Clayton

Sandra Coney

Glen Eden Business Improvement District (Glen Eden Business Association)

Michelle Clayton

Greg Presland

Glen Eden Playhouse Theatre Trust

Ken Turner

Mark Allen

Te Uru Waitākere Contemporary Gallery

Mark Allen

Saffron Toms and Sandra Coney

The Rural Advisory Panel

Ken Turner

Saffron Toms

 

4          Confirmation of Minutes

 

That the Waitākere Ranges Local Board:

a)         confirm the minutes of its ordinary meeting, held on Thursday, 24 June 2021, as true and correct.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Waitākere Ranges 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.

 

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.”


Waitākere Ranges Local Board

22 July 2021

 

 

Waitākere Ward Councillors' Update

File No.: CP2021/09962

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive an update from Waitākere Ward Councillors’ Linda Cooper and Shane Henderson.

2.       A period of 10 minutes has been set aside for the Waitākere Ward Councillors to have an opportunity to update the Waitākere Ranges Local Board on regional matters.

 

Ngā tūtohunga                                       

Recommendation/s

That the Waitākere Ranges Local Board:

a)      thank Waitākere Ward Councillors’ Linda Cooper and Shane Henderson for their verbal update.

 

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 July 2021

 

 

Approval for three new public road names at 5 & 7-11 Christian Road, Swanson

File No.: CP2021/09521

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Waitākere Ranges Local Board to name three new public roads, created by way of a subdivision development at 5 & 7-11 Christian Road, Swanson.

Whakarāpopototanga matua

Executive summary

2.       The Auckland Council Road Naming Guidelines (the Guidelines) set out the requirements and criteria of the Council for proposed road names. The Guidelines state that where a new road needs to be named as a result of a subdivision or development, the subdivider /developer shall be given the opportunity of suggesting their preferred new road name/s for the local board’s approval.

3.       On behalf of the developer and applicant, CDL Land (NZ) Limited, agent Katie Anson of CKL Ltd has proposed the names presented below for consideration by the local board.

4.       The proposed road name options have been assessed against the Guidelines and the Australian & New Zealand Standard, Rural and Urban Addressing, AS NZS 4819:2011 and the Guidelines for Addressing in-fill Developments 2019 – LINZ OP G 01245 (the Standards). The technical matters required by those documents are considered to have been met and the proposed names are not duplicated elsewhere in the region or in close proximity. Mana Whenua have been consulted in the manner required by the Guidelines.

5.       The proposed names for the new public roads at 5 & 7-11 Christian Road are:

Road Reference

Applicant’s Preference

Alternative

Alternative

Road 1

Kātote Avenue

Lavinia Webb Street

Rerewē Avenue

Road 2

Kiokio Place

John Tunnard Place

Whauwhaupaku Place

Road 3

Whekī Place

Frederick James Place

Māra Place

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      Approves the following names for three new public roads for the subdivision at 5 & 7-11 Christian Road, Swanson, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references BUN60313600 and SUB60313606).

I) Public Road 1: Kātote Avenue

II)           Public Road 2: Kiokio Place

III)          Public Road 3: Whekī Place

Horopaki

Context

6.       Resource consent reference BUN60313600 (subdivision reference number SUB60313606) was issued in February 2019 for the construction of 48 new residential freehold units, a drainage reserve and three public roads.

7.       Site and location plans of the development can be found in Attachment A.

8.       In accordance with the Standards, any public road or any private way, commonly owned access lots (COAL), or right of way, that serve more than five lots generally require a new road name in order to ensure safe, logical and efficient street numbering.

9.       In this instance, all three roads require a name as they are public roads and these are highlighted in Attachment A.

Tātaritanga me ngā tohutohu

Analysis and advice

10.     The Guidelines set out the requirements and criteria of the Council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland Region. The Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the local board’s approval

11.     The Guidelines provide for road names to reflect one of the following local themes with the use of Māori names being actively encouraged:

·   a historical, cultural, or ancestral linkage to an area; or

·   a particular landscape, environmental or biodiversity theme or feature; or

·   an existing (or introduced) thematic identity in the area.

12.     The Swanson Design Heritage Guidelines have also been considered, and the street and place name recommendations are covered in the Road Naming Guidelines.

13.     Theme: The applicant proposed the following three themes:

The preferred choice of road names is Te Reo Māori names of native ferns found in the nearby Waitākere Ranges, and throughout New Zealand. The Waitākere Ranges are only 2km from the subject site and are renowned for native vegetation. 

The second choice of names are ‘Mettam’ family names, who owned the farm for approximately 100 years. It is noted that a development in the vicinity has used names of historic people from Swanson in their road naming. In particular names of men and women who went to World War 1 from the Swanson district, such as Forbes McCammon Drive, Samuel Cassidy Avenue and Gilbert Hall Way to name a few. The Mettam family had two sons who died in World War 1. Furthermore, approval has been given from Glenn Mettam, a descendent of John and Lavinia Mettam, to use these commemorative names. 

The third set of names are Te Reo Māori words that relate to the site or vicinity and the railway.

14.     The proposed names and their meaning are as follows;

Road number

Proposed name

Meaning (as described by the applicant)

Road 1

Kātote Avenue

(applicant’s preference)

Te Reo word meaning: (noun) soft tree fern, Cyathea smithii - native tree fern with very soft, pale horizontal fronds that leave a distinctive short skirt of dried stalks on older trees. Common in colder, wetter forests.

Lavinia Webb Street

(alternative)

Lavinia Webb married John Tunnard Mettam and they were the historic owners of the farmland that this site is located on. The farm was held in their family for approximately 100 years. The subject site is accessed off Christian Road which turns into Mettam Road approximately 30m to the south east.

Rerewē Avenue

(alternative)

Te Reo word meaning: (noun) railway, railway line.

The site is accessed off Tram Valley Road and is close to Swanson Station. The tram was a key feature and assisted in the construction of the Waitākere Dam. The North Auckland Line is to the north west of the site.

Road 2

Kiokio Place

(applicant’s preference)

Te Reo word meaning: (noun) kiokio, palm-leaf fern, Blechnum novae-zelandiae - a robust native, creeping ground fern with long drooping fronds commonly found on damp road banks and alongside forest streams.

John Tunnard Place

(alternative)

John Tunnard Mettam and Lavinia Mettam were the historic owners of the farmland that this site is located on. The farm was held in their family for approximately 100 years. The subject site is accessed off Christian Road which turns into Mettam Road approximately 30m to the south east.

Whauwhaupaku Place

(alternative)

Te Reo word meaning: (noun) five-finger, Pseudopanax arboreus - a tree with compound leaves with five to seven 'fingers' and thick, leathery leaves with large teeth. A small, many-branched, round-headed tree with thick, brittle, spreading branches. One of the most common native trees.

Wai Whauwhaupaku is the Māori name for the Swanson conservation area at the end of Tram Valley Road and Whauwhaupaku is a native shrub from the area. 

Road 3

Whekī Place

(applicant’s preference)

Te Reo word meaning: (noun) rough tree fern, Dicksonia squarrosa - native, medium-sized tree fern with a slender, often branching, trunk covered with black, peg-like remains of fallen fronds. Few fronds that spread horizontally with a few persistent brown dead fronds.

Frederick James Place

(alternative)

Son of John Tunnard and Lavinia Mettam, the first owners of the property, who died in WWI.

Māra Place

(alternative)

Te Reo word meaning: (noun) garden, cultivation.

This name reflects the reserve accessed off this road. 

 

15.     Assessment: All the name options listed in the table above have been assessed by the council’s Subdivision Specialist team to ensure that they meet both the Guidelines and the Standards in respect of road naming. The technical standards are considered to have been met and duplicate names are not located in close proximity. It is therefore for the local board to decide upon the suitability of the names within the local context and in accordance with the delegation.

16.     Confirmation: Land Information New Zealand (LINZ) has confirmed that all of the proposed names are acceptable for use at this location.

17.     Road Type: ‘Avenue’, ‘Street’ and ‘Place’ are acceptable road types for the new public roads, suiting the form and layout of the roads.

18.     Consultation: The applicant contacted the following local community groups and residents:

°     Rod Harry – Rod has been a resident of Swanson since 1994 and local historian. Rod produced an array of historic names and initially made contact with Glenn Mettam, so that that the applicant could obtain consent to use commemorative names.

°     Glenn Mettam – Glenn provided numerous family names and permission to use these.

°     Swanson Heritage Society – no response received

°     Swanson Playcentre – no response received

19.     Mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

20.     The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     The decision sought for this report has no identified impacts on other parts of the Council group. The views of Council controlled organisations were not required for the preparation of the report’s advice.

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

Local impacts and local board views

22.     The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

23.     To aid local board decision making, the Guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process, and the allocation of road names where appropriate. The Guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

24.     Mana whenua were contacted by the applicant, as set out in the Guidelines. Representatives of the following groups with an interest in the general area were contacted:

·    Ngāti Te Ata (Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua)

·    Ngāti Whātua o Kaipara (Ngā Maunga Whakahii o Kaipara Development Trust)

·    Ngāti Whātua Ōrākei (Ngāti Whātua Ōrākei Trust)

·    Te Ākitai Waiohua (Te Ākitai Waiohua Iwi Authority)

·    Te Kawerau ā Maki (Te Kawerau Iwi Settlement Trust)

·    Te Rūnanga o Ngāti Whātua (Te Rūnanga o Ngāti Whātua)

·    Waikato – Tainui (Te Whakakitenga o Waikato Incorporated)

25.     By the close of the consultation period indicated in the Guidelines, the only response received was from Te Kawerau ā Maki who indicated the subject site as an area of cultural interest and would appreciate the use of Te Reo names. Names and narratives were sent via email to Robin Taua-Gordon of Te Kawerau ā Maki for consideration, however no further response has been received to date.

26.     This site is not listed as a site of significance to mana whenua and six Te Reo Māori names are proposed.

Ngā ritenga ā-pūtea

Financial implications

27.     The road naming process does not raise any financial implications for the Council.

28.     The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

29.     There are no significant risks to Council as road naming is a routine part of the subdivision development process, with consultation being a key component of the process.

Ngā koringa ā-muri

Next steps

30.     Approved road names are notified to LINZ which records them on its New Zealand wide land information database. LINZ provides all updated information to other users, including emergency services.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A - Site & Location Plans

15

     

Ngā kaihaina

Signatories

Authors

Andrea Muhme - Planner

Authorisers

Trevor Cullen - Team Leader Subdivision

Raewyn Curran - Senior Local Board Advisor

 


Waitākere Ranges Local Board

22 July 2021

 

 

PDF Creator

PDF Creator


Waitākere Ranges Local Board

22 July 2021

 

 

Draft proposal to make a new Signs Bylaw

File No.: CP2021/09839

 

  

 

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 Auckland Council’s Regulatory Committee and the Board of Auckland Transport on the review of the current Signage Bylaw 2015. These decisions were made at meetings to consider the review findings in June 2020 and options in October 2020 and April 2021 and provided direction on the content of the draft proposal.

4.       The draft proposal would continue to enable council to manage the problems signs can cause in relation to nuisance, safety, misuse of public places[1], the Auckland transport system and environment.

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

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

·   increase the current portable sign prohibited area to cover the entire City Centre Zone

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

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

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

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

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

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

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges 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 local 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

23

     

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Steve Hickey - Policy Analyst

Authorisers

Paul Wilson - Senior Policy Manager

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 July 2021

 

 

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Waitākere Ranges Local Board

22 July 2021

 

 

Joint CCO Engagement Plan 2021-2022

File No.: CP2021/09790

 

  

 

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

Recommendation/s

That the Waitākere Ranges 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 communities.

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

Waitākere Ranges Local Board Joint CCO Engagement Plan 2021-2022

167

     

Ngā kaihaina

Signatories

Authors

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

Authorisers

Louise Mason - General Manager Local Board Services

Raewyn Curran - Senior Local Board Advisor

 


Waitākere Ranges Local Board

22 July 2021

 

 

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Waitākere Ranges Local Board

22 July 2021

 

 

New community lease to Glen Eden Railway Station Restoration Trust (Incorporated), and approval to enter into a sublease at 145 West Coast Road, Glen Eden

File No.: CP2021/09672

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To grant a new community lease to Glen Eden Railway Station Restoration Trust (Incorporated) located at 145 West Coast Road, Glen Eden.

2.       Approval for Glen Eden Railway Station Restoration Trust (Incorporated) to enter into a sublease with an operator to run a café/restaurant on the premises.

Whakarāpopototanga matua

Executive summary

3.       Glen Eden Railway Station Restoration Trust (Incorporated) (the trust) lease totalling 20 years for the council owned Glen Eden Railway Station reached final expiry on 30 April 2021. The lease has been continuing on a month-by-month basis.  The trust has applied for a new community lease and approval to enter into a sublease.

4.       On 1 May 2006 the Historic Places Category 2 Glen Eden Railway Station building ownership transferred from the trust to the former Waitākere City Council.

5.       The Glen Eden Railway Station building was relocated to 145 West Coast Road, Glen Eden for the purposes of preserving the station building and operating it as a restaurant/café for the Glen Eden community.  This activity was permitted under the now expired lease.  Approval for the trust to enter into a new sublease arrangement to allow this activity to continue is required.

6.       With the land being held under the Local Government Act 2002 the council is required to engage with iwi and publicly notify its intention to grant a lease.  Both processes have been undertaken with no submissions or objections being received.

7.       If an incumbent group in a council owned building is needed in the area and the group is performing well, the Waitākere Ranges Local Board has the authority to grant a new lease to the group without undergoing an expression of interest process.

8.       The Waitākere Ranges Local Board has indicated support in principle for a new community lease to the trust without the need for an expression of interest process for a term of 10 years with one 10-year right of renewal and approval to enter into a sublease arrangement.

9.       This report recommends the grant of a new community lease to Glen Eden Railway Station Restoration Trust (Incorporated) and approval to enter into a sublease arrangement with a restaurant/café operator.

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      grant a new community lease to Glen Eden Railway Station Restoration Trust (Incorporated) for the Glen Eden Railway Station building located at 145 West Coast Road, Glen Eden (Attachment A) on the following terms and conditions:

i)        term:  10 years commencing 1 May 2021 with one 10 year right of renewal

ii)       rent:  $1.00 plus GST per annum if requested

iii)      maintenance fee: $1.00 plus GST per annum if requested.

iv)      all other terms and conditions in accordance with the Local Government Act 2002 and the Auckland Council Community Occupancy Guidelines July 2012.

b)      approve Glen Eden Railway Station Restoration Trust (Incorporated) entering into a sublease arrangement with a restaurant/cafe operator for the Glen Eden Railway Station building (Attachment A) on the following terms and conditions:

i)        for a term not exceeding the term of the head lease less one day, with or without a right of renewal.

 

Horopaki

Context

10.     This report considers a new community lease and approval to enter into a sublease arrangement by Glen Eden Railway Station Restoration Trust (Incorporated) for the council owned Glen Eden Railway Station building located at 145 West Coast Road, Glen Eden.

11.     The Waitākere Ranges Local Board is the allocated authority relating to local, sport and community facilities, including community leasing matters.

Tātaritanga me ngā tohutohu

Analysis and advice

The Land

12.     The land at 145 West Coast Road Glen Eden is owned in fee simple by Auckland Council and described as Section 1 SO 70422 being contained in Record of Title NA134D/442 being 189m².  Section 1 is road stopped and held under the Local Government Act 2002.

13.     Prior to the granting of a lease under the Local Government Act 2002 that exceeds six months, Auckland Council is required to engage with local iwi and publicly notify its intention to grant a lease.  There is no cost to the local board for these two processes.

14.     Public notification of the intention to lease was published on the Auckland Council website and in the Western Leader newspaper on 20 May 2021.  The submission period closed on 21 June 2021. No submissions or objections were received.

15.     Engagement with Iwi is outlined in paragraphs 39-40.

Lease and Glen Eden Railway Station building

16.     Glen Eden Railway Station Restoration Trust (Incorporated) held a community lease with the former Waitākere City Council for a term of five years commencing 1 May 2001 for the Glen Eden Railway Station building.  The lease contained three renewals of five years each, reaching final expiry on 30 April 2021. The trust has applied for a new community lease.

17.     The trust owned the Historic Place Category 2 Glen Eden Railway Station building that was located on former Railways Corporations land further along West Coast Road.  The trust relocated the station building to its current site.

18.     The lease entered into in 2001 permitted the trust to use the land as follows:

a)   to undertake the restoration and renovation of the building in a style as near as reasonably possible to, or sympathetic with the style of the building as originally constructed

b)   to make provision of a shelter for railway passengers

c)   for the operation of a restaurant/café

d)   for the operation of a facility for the display and sale of art and craft work of local residents

e)   provision of a community hall for the use of local residents.

19.     The 2001 lease provided that ownership of the station building would pass to the council on termination or renewal of the lease.  With the first lease renewal in 2006 the station building ownership transferred to the council.

20.     The majority of the restoration work was undertaken within the first five years of the lease commencement date. 

21.     A notice has been affixed to the station building identifying it as an earthquake prone building after being assessed at 30 per cent of the New Building Standard under the Building Act 2004.  This corresponds to the earthquake rating category of between 20 per cent and 34 per cent. Strengthening of the building so that it is no longer earthquake prone is required to be undertaken by 23 April 2055. 

22.     At the expiry of a lease for a council owned building it is good practice to review alternatives for the use of the premises.  An expression of interest process can be undertaken to gauge interest and best use.  However, if the incumbent group is needed in the area and the group is performing well, the Waitākere Ranges Local Board has the authority to grant a new lease to the group without undergoing an expression of interest process.

Glen Eden Railway Station Restoration Trust (Incorporated)

23.     The Trust was registered as a Charitable Trust on 27 October 1999.  The purposes of the trust are to:

a)   receive and administer funds for the purposes of the preservation, restoration and maintenance of the Glen Eden Railway Station building and to permit its use consistent with its New Zealand Historic Places Trust classification.

b)   make provision for the on-going maintenance of the building from time to time and for any associated landscaping, planting, carparking and lighting necessary or desirable for the on-going use of the amenity.

24.     Restoration of the building took place during the first lease term of five years.  The following 15 years has seen the continued upkeep and maintenance of the station building by the trust with the latest being the removal of the lead exterior paint and repainting with non-lead-based paint.

25.     The station building is not used as a community hall given the small size of the building and that it is located directly alongside the Western Railway Line.

26.     The trust subleases the station building to a third party to operate the restaurant/café.  Despite the commercial nature of the restaurant/café business, proceeds from the rent paid to the trust go towards maintaining the historic building for the enjoyment of the public.

27.     As the trust does not operate the restaurant/café business, approval for the trust to enter into sublease arrangement is required. The sublease shall be for a term not exceeding the term of the head lease less one day, with or without a right of renewal.

28.     A community outcomes plan is not required to be attached to the community lease document as the trust is not actively involved in the services provided by the restaurant/café on the land.

29.     Part of the roof, deck and station building extends on to land that is owned by KiwiRail and leased to Auckland Transport.  Auckland Transport has acknowledged the encroachment but chooses not to formalise it.  This is in keeping with the status quo for the past 20 years.

Station Building Maintenance

30.     The main purpose of the trust is to receive and administer funds for the purposes of the preservation, restoration, and maintenance of the Glen Eden Railway Station building. The trust will be responsible for all future repairs and maintenance of the building during the term of the lease with the exception of earthquake strengthening which will be the council’s responsibility.  Council acknowledges that any substantial alteration to the building may trigger the requirement to undertake strengthening works at the same time.

Tauākī whakaaweawe āhuarangi

Climate impact statement

31.     The designated impact level of the recommended decision on green-house gas emissions falls within the “no impact” category because the proposal continues an existing activity and does not introduce new sources of emissions.

32.     The land does not sit within a flood plain or coastal inundation area.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

33.     Staff from the Connected Communities and Area Operations Community Facilities were consulted and support a new community lease and approval to enter into a sublease to the trust.

34.     Auckland Transport were consulted regarding the area of the station building, roof and decking that is located on land it leases from KiwiRail.  Although Auckland Transport cannot sublease this area to the trust it has no objection to the station building encroachment.

35.     The proposed lease has no other identified impacts on other parts of the council group. The views of other council-controlled organisations were not required for the preparation of this report’s advice.

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

Local impacts and local board views

36.     The new lease and approval to enter into a sublease to Glen Eden Railway Station Restoration Trust (Incorporated) is contemplated in the Waitākere Ranges Community Lease Work Programme 2020/2021 approved by resolution WTK/2020/90.

37.     Council staff sought the views of the local board at a workshop on 4 March 2021. The local board indicated support in principle for the following:

a)   a new community lease to the trust without the need for an expression of interest process and a lease term of 10 years with one 10-year right of renewal rather than the standard 5 years with a 5-year right of renewal.  The extended term of lease reflects the long-standing relationship the local board has with the trust as well as the relationship the trust has with the station building.

b)   a maintenance fee reduction from $500.00 plus GST per annum to $1.00 plus GST per annum if requested to reflect that the trust is responsible for all maintenance of the building and surrounding deck.

Tauākī whakaaweawe Māori

Māori impact statement

38.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

39.     Staff prepared a presentation on the proposed new lease to present at the North West Mana Whenua Forum scheduled to have been held in Orewa on Wednesday 6 May 2021. This forum was cancelled.  Staff subsequently circulated the presentation to mana whenua representatives via email detailing information on the land and Glen Eden Railway Station Restoration Trust (Incorporated) proposed continued occupation inviting iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural, or environmental impact with respect to the proposal.

40.     No objections were raised and there were no requests for hui or kaitiaki site visit.

Ngā ritenga ā-pūtea

Financial implications

41.     Public notification of the intention to lease was borne by the Community Facilities department.

42.     The trust is currently paying rent of $500.00 plus GST per annum. In accordance with the Auckland Council Community Occupancy Guidelines a subsidised maintenance fee of $250.00 plus GST per annum is charged for council owned buildings that are 100m² or less.  Although the building is 160m² only 53m² is fully enclosed with the remaining areas being roof shelters.  The local board has indicated support in principle for the maintenance fee to be waived as there will be no structural (unless seismic) or general maintenance undertaken by the council over the term of the proposed lease. The maintenance responsibilities lie with the trust.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43.     Should the Waitākere Ranges Local Board resolve not to grant a new community lease to Glen Eden Railway Station Restoration Trust (Incorporated) this decision will materially affect the group’s ability to undertake its core activities and may result in maintenance responsibilities being transferred to the council.

Ngā koringa ā-muri

Next steps

44.     Subject to the grant of a new community lease, council staff will work with the trust to finalise the new lease document.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site plan for Glen Eden Railway Station Restoration Trust (Incorporated), Glen Eden Railway Station, 145 West Coast Road, Glen Eden

185

     

Ngā kaihaina

Signatories

Authors

Donna Cooper - Community Lease Advisor

Authorisers

Taryn Crewe - Acting General Manager Community Facilities

Raewyn Curran - Senior Local Board Advisor

 


Waitākere Ranges Local Board

22 July 2021

 

 

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Waitākere Ranges Local Board

22 July 2021

 

 

New leases to Oratia District Ratepayers & Residents Association Incorporated, 565 West Coast Road Oratia

File No.: CP2021/10068

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval to grant a new community lease to Oratia District Ratepayers & Residents Association Incorporated for the council owned Oratia Settlers Hall and Oratia Small Hall and a new community ground lease for the playground land area of Oratia Hall Reserve, 565 West Coast Road, Oratia.

Whakarāpopototanga matua

Executive summary

2.       The Oratia District Ratepayers & Residents Association Incorporated (association) manages for the benefit of the community the council owned Oratia Small Hall and Oratia Settlers Hall located on Oratia Hall Reserve, 565 West Coast Road, Oratia. 

3.       The association entered into a lease with the former Waitematā City Council for a term of 33 years commencing 1 September 1987.  There is one right of renewal of 33 years commencing 1 September 2020 effecting final expiry on 31 August 2053. 

4.       The association has requested that it surrender its current lease and enter into a new community lease with the council under the Auckland Council Community Occupancy Guidelines 2012.  This will transfer the structural and non-structural maintenance of the two halls from the association to the council. This will bring the obligations of the association in alignment with other residents and ratepayers’ groups in the Waitākere Ranges Local Board area who lease council owned buildings.

5.       It is recommended that a separate lease over the playground be entered into that includes an early termination clause if council requires this area of the reserve to implement the Oratia Masterplan or its replacement. 

6.       The recommended lease term under the guidelines for council owned buildings is five years with one five year right of renewal.  Given the long-standing relationship the local board has with the association, the relationship the association has with the halls and the original term of lease the recommended lease term is 10 years commencing 1 September 2021 with two 10-year rights of renewal.

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      approve the surrender of Oratia District Ratepayers & Residents Association Incorporated community lease executed 15 April 1990

b)      grant a new community lease to Oratia District Ratepayers & Residents Association Incorporated for the council owned Oratia Settlers Hall and Oratia Small Hall located on Oratia Hall Reserve, 565 West Coast Road, Oratia (Attachment A) on the following terms and conditions:

i)        term:  10 years commencing 1 September 2021 with two 10-year rights of renewal

ii)       rent:   $1.00 plus GST per annum if requested

iii)      maintenance fee:  $500.00 plus GST per annum.

c)      grant a new community ground lease to Oratia District Ratepayers & Residents Association Incorporated for the playground land area of Oratia Hall Reserve, 565 West Coast Road, Oratia (Attachment B) on the following terms and conditions:

i)        term:  10 years commencing 1 September 2021 with two 10-year rights of renewal

ii)       rent:  $1.00 plus GST per annum if requested

iii)      six-month notice of early termination of the lease if Auckland Council requires possession of the land for the purposes of redeveloping the site including the provision of a playground for community use.

d)      Oratia District Ratepayers & Residents Association Incorporated Community Outcomes Plan as approved be attached to the community lease document (Attachment C).

e)      all other terms and conditions in accordance with the Reserves Act 1977, the Local Government Act 2002, and the Auckland Council Community Occupancy Guidelines July 2012.

 

Horopaki

Context

7.       This report considers a new community leases to Oratia District Ratepayers & Residents Association Incorporated at Oratia Hall Reserve, 565 West Coast Road, Oratia.

8.       The Waitākere Ranges Local Board has delegated decision-making responsibility for community development and facilities, including leasing.

Tātaritanga me ngā tohutohu

Analysis and advice

The Land

9.       Oratia Hall Reserve located at 565 West Coast Road, Oratia is made up of three parcels of land all held in fee simple by Auckland Council and described as follows:

a)   Lot 1 on Deposited Plan 420322 contained in Record of Title 571058 being 3313m² is held as a local purpose (community facilities) reserve and subject to the Reserves Act 1977

 

b)   Part Allotment 251 Parish of Waikomiti contained in Record of Title NA568/124 being 1012m² is held as a local purpose (community facilities) reserve and subject to the Reserves Act 1977. Located on this parcel is the Auckland Council owned Oratia Small Hall

 

c)   Part Allotment 251 Parish of Waikomiti contained in Record of Title NA568/123 being 1012m² is held under the Local Government Act 2002 as a site for a public hall. Located on this parcel is the Auckland Council owned Oratia Settlers Hall and the Oratia District Ratepayers & Residents Association Incorporated playground.

10.     Prior to the granting of a lease under the Local Government Act 2002 that exceeds six months, Auckland Council is required to engage with local iwi and publicly notify its intention to grant a lease. There is no cost to the local board for these two processes.

11.     Public notification of the intention to lease was published on the Auckland Council website and in the Western Leader newspaper on 20 May 2021.  The submission period closed on 21 June 2021. No submissions or objections were received.

12.     Engagement with Iwi is outlined in paragraph 39.

 

The Lease to Oratia District Ratepayers & Residents Association

13.     The association entered into a lease with the former Waitematā City Council for a term of 33 years commencing 1 September 1987.  There is one right of renewal of 33 years commencing 1 September 2020 effecting final expiry on 31 August 2053.  In 1989 Waitematā City Council joined with the boroughs of Henderson, Glen Eden, and New Lynn to form Waitākere City Council. The deed of lease was executed on 15 April 1990 with the Waitākere City Council.

14.     The association manages the two halls on behalf of the council for the benefit of the community through a community lease.  The association’s community lease is for the two parcels of land that the halls and playground are located on as detailed in paragraph 10 b) and c).

Oratia Small Hall and Oratia Settlers Hall

15.     Oratia Small Hall being a former Catholic Church was built in 1930 and has Category B heritage status. Oratia Settlers Hall was built in 1931. The two parcels of land occupied by the halls have an historic heritage overlay placed on them.

16.     In 1989 the former Waitākere City Council loaned the association $88,000.00 to repair the buildings and bring them back to a useable standard.  The loan was repaid to the council in 1999.

Oratia District Ratepayers & Residents Association

17.     The association was registered as an incorporated society on 2 October 1952.  Its objects are to:

a)   co-operate with the council in looking after the affairs of the district

b)   pursue any activities which aim at improving or preserving the social, sporting, safety, beauty or any other utilities or amenities of the district.

18.     The halls are well utilised by the following groups and activities; Scouts (four sessions per week by Keas, Cubs, Scouts and Venturers), Playgroup (four morning sessions per week), Zumba, yoga, karate, dance, mums’ fitness, child minders, children’s birthday parties and adult parties.

19.     The association sustains its activities predominantly through hire fees, an annual operating grant from the council and other funding agencies such as The Trusts.

Building Maintenance and the Community Occupancy Guidelines

20.     Although the current lease is ambiguous in the clause relating to tenant maintenance obligations, the council’s legal opinions obtained in February and November 2016 advised that the definition of “Premises” in the schedule is clear and that the “Premises” is the land.  These opinions were reached giving consideration to what the parties intended at the time the lease was granted and the factual background on the tenant carrying out the maintenance and repairs needed at the start of the lease, assisted by a loan from Council.   The length of the term of the lease and the rent also gives more weight to the interpretation that the council intended the tenant to maintain the entire premises.  The “Premises” is defined as the whole of the land title and the buildings.  Land titles being Allotment 251 Parish of Waikomiti, contained in NA568/123 and NA/568/124.

21.     Despite the maintenance obligation interpretation above, the council has been undertaking some structural and general maintenance of the two buildings during the term of the lease such as gutter cleaning, building wash, clearing of blocked drains, and replacement of septic tank pump.

22.     Located within the lease area referred to in paragraphs 10 c) and 16 is the association’s playground equipment and fencing. 

23.     Auckland Council’s Community Occupancy Guidelines 2012 state that if a group decides not to exercise its renewal option at the end of the term (or earlier) for all council-owned buildings or spaces, availability will be publicly notified, and expressions of interest called for.  However local boards have discretion to forgo seeking expressions of interest, where existing groups already provide identified community outcomes.

24.     The below table extracted from the guidelines outlines the standard tenant and council responsibilities in relation to maintenance and utilities:

25.     The association has requested to enter into a new community lease with the council under these guidelines.  This will transfer the structural and non-structural maintenance of the two halls from the association to the council. This will bring the maintenance obligations of the association in alignment with other resident and ratepayer groups in the Waitākere Ranges Local Board area who lease council owned buildings. The entering into a new lease requires the surrender of the current lease executed on 15 April 1990.

26.     An asset assessment report on the two buildings was prepared by the council in March 2021 following a site visit on 25 February 2021.  The buildings require some maintenance work to be undertaken by the council such as the replacement of joinery and repainting.  This work is planned for 2022 with a budget of $36,000.

27.     The development of the Oratia Masterplan is in draft form.  The masterplan, or its replacement plan, will require consultation before being adopted by the Waitākere Ranges Local Board.

28.     The current draft Oratia Masterplan will not impact on the leasing of the two buildings to the association however the playground area may be impacted.  It is recommended that a separate lease over the playground be entered into that includes an early termination clause if council requires this area of the reserve to implement the masterplan.  This is needed if the council requires or provides a playground in an alternative location.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29.     The designated impact level of the recommended decision on green-house gas emissions falls within the “no impact” category because the proposal continues an existing activity and does not introduce new sources of emissions.

30.     Oratia Hall Reserve does not sit within a flood plain or coastal inundation area.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31.     Staff from Parks Sports and Recreation, Area Operations Community Facilities and Connected Communities have been consulted and support the proposed new community lease.

32.     The proposed lease has no identified impacts on other parts of the council group. The views of other council-controlled organisations were not required for the preparation of this report’s advice

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

Local impacts and local board views

33.     Council staff sought the views of the local board at a workshop on 19 May 2019.

34.     At a round table meeting with the association, the local board, and council staff took place on 22 May 2019.

35.     The local board indicated support in principle for a new community lease to the association without the need for an expression of interest process and a lease term of 10 years with two 10-year right of renewal rather than the standard five years with one five-year right of renewal.  The extended term of lease reflects the long-standing relationship the local board has with the association, the relationship the association has with the halls and the original term of lease.

36.     A community outcomes plan aligned to the Waitākere Ranges Local Board Plan 2020 has been negotiated with the association and is attached for approval. (Attachment B).

Tauākī whakaaweawe Māori

Māori impact statement

37.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori.

38.     Staff prepared a presentation on the proposed new lease to present at the North West Mana Whenua Forum scheduled to have been held in Orewa on Wednesday 6 May 2021. This forum was cancelled.  Staff subsequently circulated the presentation to mana whenua representatives via email detailing information on the land and the associations proposed continued occupation inviting iwi representatives to hui and/or for a kaitiaki site visit to comment on any spiritual, cultural, or environmental impact with respect to the proposal.

39.     No objections were raised and there were no requests for hui or kaitiaki site visit.

Ngā ritenga ā-pūtea

Financial implications

40.     Under the 1987 lease, the association’s rent is $200.00 plus GST per annum.  The lessee has never been charged this rent by either the former Waitākere City Council or Auckland Council.  Under the Auckland Council Community Occupancy Guidelines July 2012, the maintenance fee is $500.00 plus GST per annum and will be charged to the association resulting in an increase in revenue.

41.     Auckland Council has on occasion during the term of the lease undertaken maintenance including structural of the two building.  The buildings will be placed on an annual maintenance schedule.  The estimated cost of planned preventative maintenance for Oratia Settlers Hall is $1,900 per annum and $1,320 per annum for Oratia Small Hall.

42.     The association will continue to be responsible for all maintenance of the playground area including equipment and fencing until such time that Auckland Council requires the land to implement the Oratia Masterplan or any such alternative or replacement plan.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43.     Should the Waitākere Ranges Local Board resolve not to grant a new community lease to Oratia District Ratepayers & Residents Association Incorporated this decision will affect the associations’ ability to manage the halls and impact it financially

Ngā koringa ā-muri

Next steps

44.     Subject to the grant of a new community lease, council staff will work with the association to finalise the new lease documentation.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site plan of building lease areas for Oratia District Ratepayers & Residents Association Incorporated, Oratia Hall Reserve, 565 West Coast Road, Oratia

193

b

Site plan of playground lease area for Oratia District Ratepayers & Residents Association Incorporated, Oratia Hall Reserve, 565 West Coast Road, Oratia

195

c

Oratia District Ratepayers & Residents Association Incorporated Community Outcomes Plan

197

     

Ngā kaihaina

Signatories

Authors

Donna Cooper - Community Lease Advisor

Authorisers

Taryn Crewe - Acting General Manager Community Facilities

Raewyn Curran - Senior Local Board Advisor

 


Waitākere Ranges Local Board

22 July 2021

 

 

PDF Creator


Waitākere Ranges Local Board

22 July 2021

 

 

PDF Creator


Waitākere Ranges Local Board

22 July 2021

 

 

PDF Creator

PDF Creator


Waitākere Ranges Local Board

22 July 2021

 

 

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

File No.: CP2021/10245

 

  

 

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 Waitākere Ranges 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

Authors

Mark Macfarlane - Senior Advisor Operations and Policy

Authorisers

Louise Mason - General Manager Local Board Services

Helgard Wagener - Acting Policy and Planning Manager

Raewyn Curran - Senior Local Board Advisor

 


Waitākere Ranges Local Board

22 July 2021

 

 

Chair's Report - July 2021

 

File No.: CP2021/09965

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To provide an update on projects, meetings, and other initiatives relevant to the local board’s interests.

Whakarāpopototanga matua

Executive summary

2.       Local board members are responsible for leading policy development in their areas of interest, proposing and developing project concepts, overseeing agreed projects within budgets, being active advocates, accessing and providing information and advice.

 

Ngā tūtohunga / Recommendation

That the Waitākere Ranges Local Board:

a)      receive Chair Saffron Tom’s tabled report for July 2021.

 

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 July 2021

 

 

Workshop Records

 

File No.: CP2021/09964

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To present records of workshops held by the Waitākere Ranges Local Board.

Whakarāpopototanga matua / Executive summary

2.       A workshop record providing a brief summary of the general nature of the discussion is reported to the next business meeting, along with, where considered appropriate under the Local Government Official Information and Meetings Act 1987, related supporting material.

3.       Waitākere Ranges Local Boards workshops are open to the public. This means that public and/or media may be in attendance and workshop materials including presentations and supporting documents will be made publicly available unless deemed confidential.

 

Ngā tūtohunga / Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the attached workshop records and supporting materials for 17 and 24 June 2021.

 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Waitākere Ranges Local Board Workshop Record - 17 June 2021

211

b

Waitākere Ranges Local Board Workshop Record - 24 June 2021

311

     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Raewyn Curran - Senior Local Board Advisor

 


Waitākere Ranges Local Board

22 July 2021

 

 

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Waitākere Ranges Local Board

22 July 2021

 

 

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Waitākere Ranges Local Board

22 July 2021

 

 

Governance Forward Work Programme

File No.: CP2021/09963

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the Waitākere Ranges Local Board with its updated governance forward work programme calendar (the calendar).

Whakarāpopototanga matua

Executive summary

2.       The calendar for the Waitākere Ranges Local Board is in Attachment A. The calendar is updated monthly and reported to business meetings.

3.       The calendar is part of Auckland Council’s quality advice programme and aims to support local boards’ governance role by:

·    ensuring advice on meeting agendas is driven by local board priorities

·    clarifying what advice is expected and when

·    clarifying the rationale for reports.

4.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the governance forward work programme for July 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Calendar

343

     

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

22 July 2021

 

 

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

[2] Resource Management Act, Auckland Unitary Plan, Auckland Council District Plan – Hauraki Gulf Islands Section, Electoral Act, Local Electoral Act, Electoral (Advertisements of a Specified Kind) Regulations, Land Transport Rule: Traffic Control Devices, New Zealand Transport Agency (Signs on State Highways) Bylaw, New Zealand Advertising Standards Authority codes, Human Rights Act, Auckland Council Public Safety and Nuisance Bylaw and Public Trading, Events and Filming Bylaw.

[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..