I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 26 August 2021

10.00am

This meeting will be held remotely and can be viewed on the Auckland Council website
https://councillive.aucklandcouncil.govt.nz/

 

 

Tira Kawana/ Governing Body

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Richard Hills

 

Cr Dr Cathy Casey

Cr Tracy Mulholland

 

Cr Fa’anana Efeso Collins

Cr Daniel Newman, JP

 

Cr Pippa Coom

Cr Greg Sayers

 

Cr Linda Cooper, JP

Cr Desley Simpson, JP

 

Cr Angela Dalton

Cr Sharon Stewart, QSM

 

Cr Chris Darby

Cr Wayne Walker

 

Cr Alf Filipaina

Cr John Watson

 

Cr Christine Fletcher, QSO

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

20 August 2021

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



 

Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-Term Plan

(d)        the power to adopt a long-term plan, annual plan, or annual report

(e)        the power to appoint a chief executive

(f)         the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement

(g)        the power to adopt a remuneration and employment policy

 

Additional responsibilities retained by the Governing Body:

 

(h)        approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(i)         approval of a draft bylaw prior to consultation

(j)         resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(k)        adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(l)         relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees

(m)       overview of and decisions relating to any CCO review including the implementation of any resulting changes to CCOs

(n)        oversight of work programmes of all committees of the governing body.

 

 

 

Code of conduct

 

For information relating to Auckland Council’s elected members code of conduct, please refer to this link on the Auckland Council website - https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/elected-members-remuneration-declarations-interest/Pages/elected-members-code-conduct.aspx

 

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·       Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·       Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·       Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·       In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·       The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·       However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·       All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·       Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·       Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·       All staff supporting the meeting (administrative, senior management) remain.

·       Other staff who need to because of their role may remain.

 

Local Board members

 

·       Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·       Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 


Governing Body

26 August 2021

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Affirmation                                                                                7

2          Apologies                                                                                 7

3          Declaration of Interest                                          7

4          Confirmation of Minutes                                                         7

5          Petitions                                                                 7  

6          Public Input                                                           7

7          Local Board Input                                                 7

8          Extraordinary Business                                       8

9          COVID-19 briefing and Auckland Emergency Management status update                                 9

10        Papatoetoe Tornado Recovery Plan                 11

11        Appointment to Kaipara Moana Remediation Joint Committee                                                  47

12        Participation in a joint charter (collaboration agreement) for Te Whakaoranga o te Puhinui: Puhinui Regeneration Strategy                         55

13        Feedback on discussion document - Changes to Māori ward and constituency processes    67

14        Local Government New Zealand Conference and Annual General Meeting - Report Back  139

15        Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 26 August 2021                                                       153

16        Consideration of Extraordinary Items

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

 

2          Apologies

 

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

 

 

3          Declaration of Interest

 

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

 

 

4          Confirmation of Minutes

 

That the Governing Body:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 29 July 2021, including the confidential section, as a true and correct record.

 

 

5          Petitions

 

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

 

 

 

6          Public Input

 

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

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

 

7          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

 

 

 

8          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.”


Governing Body

26 August 2021

 

 

COVID-19 briefing and Auckland Emergency Management status update

File No.: CP2021/12448

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To enable the Governing Body to be briefed on the COVID-19 pandemic, Auckland Emergency Management status and council’s response.

Whakarāpopototanga matua

Executive summary

2.       Phil Wilson, Director Governance and CCO Partnerships and Mace Ward, General Manager Parks, Sport and Recreation will provide a verbal briefing.

3.       The briefing will focus on the activities supporting community and welfare activities.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      riro / receive the report and thank Phil Wilson, Director Governance and CCO Partnerships and Mace Ward, General Manager Parks, Sport and Recreation for the briefing on the COVID-19 pandemic and the Auckland Emergency Management status update.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

26 August 2021

 

 

Papatoetoe Tornado Recovery Plan

File No.: CP2021/11629

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve the draft Papatoetoe Tornado Recovery Plan

2.       To thank the Taupo District Council for their support and assistance in standing up the recovery, and New Zealand Red Cross, partner agencies and staff and business units of Auckland Council for their role in delivering recovery efforts.

Whakarāpopototanga matua

Executive summary

3.       A local area within the suburb of Papatoetoe experienced a small tornado on the morning of Saturday 19 June 2021. Emergency services and Auckland Council’s contact centres received calls for assistance. Auckland Emergency Management activated the Emergency Coordination Centre as lead agency for this event.

4.       The response to the tornado transitioned to recovery on 1 July 2021. The nature of the tornado meant the recovery focused on accommodation needs, removal of storm debris and green waste, repairs to private property, and support for affected people and families.

5.       The Insurance Council of New Zealand announced preliminary figures for insured losses from the Papatoetoe Tornado amount to $32m, with $24m for residential and contents insured losses.

6.       The draft Papatoetoe Tornado Recovery Plan sets out the activities and actions undertaken to support the local community to recover from the event, under the headings of local community, local housing and local amenity. The Ōtara-Papatoetoe Local Board approved the draft Plan and recommended it for the approval of the Coordinating Executive Group[1] and the Civil Defence Emergency Management Committee.

7.       The Papatoetoe Tornado Recovery Plan briefly explains recovery, sets the recovery goals, outlines governance, risks, and the transition to business as usual when outstanding issues are able to be addressed by business-as-usual processes without additional coordination.

8.       Recovery efforts have made significant progress. Rubbish skips placed on streets have been able to be withdrawn and the removal of greenwaste from the kerbside has ceased. Buildings are being repaired and the number identified as posing some risk to safety is declining. Public requests for assistance have largely ceased. The recovery team will become more focused on monitoring, debriefing and documenting the recovery, and accounting for expenditure (as invoices are presented).

9.       The draft Papatoetoe Tornado Recovery Plan is submitted to the Governing Body for approval as the August meeting of the Civil Defence Emergency Management Committee has been cancelled.

10.     The Taupo District Council provided three staff for a day to assist in establishing of the recovery. Recovery is a collaborative effort. The Papatoetoe Tornado recovery involved and relied upon partner agencies and multiple business units from across Auckland Council.

 

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      approve the Papatoetoe Tornado Recovery Plan

b)      thank the Taupo District Council for their support and assistance in standing up the recovery, and New Zealand Red Cross, partner agencies and staff and business units of Auckland Council for their role in delivering recovery efforts.

 

Horopaki

Context

11.     On Saturday, 19 June 2021, a local area within the south Auckland suburb of Papatoetoe experienced a weather event, characterised as a small tornado. Fire Emergency New Zealand, New Zealand Police, St John Ambulance (emergency services) and Auckland Council immediately received calls for assistance.

12.     Auckland Emergency Management (AEM) activated the Emergency Coordination Centre to coordinate the response efforts as the lead agency for this event. The area impacted by the Papatoetoe Tornado is illustrated on the Map in Attachment A.

13.     The response to the Papatoetoe Tornado transitioned to recovery on 1 July 2021.

14.     Damaged buildings were inspected and assessed as to whether they posed any risk to the safety of occupants. The most severely damaged buildings presenting the most risk received red placards. Those presenting less risk received yellow placards. On transition to recovery the 10 red placarded buildings and 67 yellow placarded buildings were reassessed by Auckland Council’s Compliance, Response and Investigations team. This resulted in 11 red and 63 yellow placards remaining in place for recovery. Access to addresses for tenants and owners to uplift property was arranged through the Compliance, Response and Investigations team.

15.     Accommodation of 51 displaced people (15 families) transitioned from emergency accommodation (by AEM) to Ministry of Business Innovation and Employment’s (MBIE) Temporary Accommodation Services (TAS).

16.     The Ministry of Social Development (MSD) was activated during the response and provided support to affected people alongside AEM staff through the recovery. Civil defence payments, support for accommodation, funding to assist in the clean-up, and community connectors to support the most affected were made available if required.

17.     A Mayoral Relief Fund was established with $100,000 contributions from Auckland Council and Central Government. The Ōtara-Papatoetoe and Howick Local Boards made additional council contributions of $60,000 (topped up with a further $10,000) and $30,000 respectively. The fund closed for applications on 19 July 2021.

18.     Waste removal continued with contractors collecting green waste and storm debris on behalf of Auckland Council’s Community Facilities and Waste Solutions.

19.     The Ōtara-Papatoetoe Library operated as an information hub through the response and the recovery, and the council’s contact centre directed enquiries to the recovery team.

20.     Damage was sustained by private buildings, vehicles and vegetation. There was no damage to community facilities or infrastructure (except for a local power outage). Some reports of damage to businesses appeared in the media although no reports were received that required action by the recovery team.


 

 

Tātaritanga me ngā tohutohu

Analysis and advice

Papatoetoe Tornado

21.     The nature of this tornado event meant impacts on families and people could be very different. Housing and vegetation bore the brunt. Some houses on some streets suffered damage, some more extensively than other. Some of the damaged houses were tightly clustered, with other houses on the same or surrounding streets unaffected. For example, five units in the same building received red placards and a building on an adjoining property also received a red placard. Loss and damage of vegetation was more generalised, affecting a broader area. These impacts and their consequences meant recovery efforts focused on accommodation needs, waste removal, repairs to private property and related support.

22.     The recovery team prepared weekly updates to the Ōtara-Papatoetoe Local Board and Ward Councillors. Copies also went to National Emergency Management Agency (NEMA) and partner agencies. Copies of weekly updates for weeks 1 to 6 are appended as Attachment B. A summary (to when this report was written) of activities undertaken during this period of the recovery include:

·    Five truckloads of waste were collected in addition to 31 loose collections, the removal of four flexi bags and three additional collections by special request

·    Rubbish skips (9-10m3) placed in the surrounding streets were exchanged 34 times

·    Street collections removed some 136m3 of greenwaste with three additional waste collections by special request

·    There have been six queries from the media

·    There have been 35 queries requiring action or referral from the recovery team were received from the public via the Ōtara-Papatoetoe Local Board, Ōtara-Papatoetoe Library, or the council’s contact centre

·    The Mayoral Relief Fund approved 90 grants together, totaling $300,000

·    The Ministry of Social Development made 415 Civil Defence payments for a total of $89,572.46, though most payments were made during the period of the response.

·    The TAS is working with seven families (six in TAS provided accommodation and one in self sourced accommodation that may need to move).

23.     The Insurance Council of New Zealand has announced that the Papatoetoe Tornado was the costliest on record, with $32m paid out on claims across house and contents (1,206 claims) motor vehicles (280 claims) and commercial and business-related claims (132 claims).

24.     Unlike other recent events affecting New Zealand communities the impacts were not universal across the local community with implications for community engagement. Outreach was targeted through networks rather than through community meetings. The Ōtara-Papatoetoe Library continued to operate as an information hub as it had in the response, while the council’s contact centre referred queries through to the recovery team. Close liaison was maintained with our partner agencies, particularly with TAS and MSD.

25.     The Ngāti Otara Marae and Ngā Kete Wananga Marae were contacted during the response and the recovery by MSD and AEM staff to see if any assistance was required. None was required although interest was expressed in opportunities to work with local iwi/marae to develop greater recognition, understanding and integration of iwi Māori perspectives and tikanga in emergency management.

 

 

26.     Leaders of the Papatoetoe Community Network were engaged to enquire through their networks if there were concerns in the community. General comments on the translation of advice and information, use of ethnic radio and other media were received in addition to storm debris, greenwaste and insurance matters. Members of the recovery team and AEM’s resilience team subsequently attended a full meeting of the Network. Through one of the network’s community leaders, a connection was made with Sustainable Schools to see what opportunities there may be to work with local schools in association with AEM’s resilience team.

27.     In addition to the above two opportunities, a debrief on the experience of delivering recovery efforts will provide insights into improvements for incorporation into the recovery work programme.

Papatoetoe Tornado Recovery Plan

28.     The recovery team prepared the draft Papatoetoe Tornado Recovery Plan with input from partner agencies, business units across Auckland Council and NEMA. A copy of the draft Papatoetoe Tornado Recovery Plan is appended as Attachment C.

29.     The Papatoetoe Tornado Recovery Plan (the Plan) was presented to Ōtara-Papatoetoe Local Board on 27 July 2021 as working draft, to emphasise that refinements would made to the Plan as recovery efforts matured prior to the Plan being presented to the CDEM Committee on 24 August 2021.

30.     The Ōtara-Papatoetoe Local Board recommended the draft Papatoetoe Tornado Recovery Plan to the Coordinating Executive Group (CEG) on 3 August 2021. The CEG forms a part of the oversight and governance arrangements for Civil Defence Emergency Management Groups under the Civil Defence Emergency Management Act 2002. The CEG approved the Recovery Plan and recommended it to Auckland Council’s Civil Defence Emergency Management Committee for approval under Auckland Council’s terms of reference (delegations). The draft Papatoetoe Tornado Recovery Plan is now submitted to the Governing Body for approval as the Civil Defence Emergency Management Committee’s August meeting was cancelled.

31.     The Plan is by intention, concise and focused. The main elements include:

·        An overview of the Papatoetoe Tornado as relevant to nature of the recovery effort and the issues to be addressed through the Plans implementation.

·        Purpose – setting out the activities and actions undertaken to support the local community to recover from the event.

·        Brief explanation of what is meant by recovery for this event and information on the local community in which the recovery was located.

·        Alignment to relevant strategies and plans:

o   Auckland 2050 – the directions of this longer strategy-term strategy for the region provide guidance to this recovery at the highest level, mostly in regard to housing and community  

o   Ōtara-Papatoetoe Local Board Plan – provides strong direction on the community’s priorities and indicates where efforts may leverage existing programmes within the community.

·        Recovery goals and our partners and stakeholders – setting out the outcomes sought from the recovery of this particular event and the teams and agencies whose efforts are integral to their achievement. This section makes explicit that evolving targeted community outreach may generate insight into potentially hidden issues and information gaps enabling appropriate steps to be taken.

·        Overview of the recovery on a page – a summary of the recovery by objectives, success factors and their immediate, medium, and long-term focus to present a sense of the overall effort and intent.

·        Details about recovery efforts in terms of local community, local housing, and local amenity, including measures, milestones and target timeframes.

·        Governance – clarifies roles, responsibilities, reporting lines and decision-making in the recovery, which necessarily is beyond business-as-usual arrangements.

·        Risk – outlines concerns that may slow or present potential barriers to the recovery of the affected community.

·        Transition to business-as-usual – to communicate when it is anticipated that outstanding issues are able to be addressed by the capability and capacity provided under business-as-usual without resort to additional coordination and resource.

Acknowledgements

32.     The Papatoetoe Tornado suddenly struck the local area, unevenly impacting local people, families, whanau and community. There was a fatality. The first acknowledgement is to those affected for what they endured, and for their actions as individuals, neighbours and members of community groups who came together to help each other. Individual, family, whanau and community resilience produces the first, most effective recovery efforts.

33.     Recovery is a collaborative effort to address the impacts and consequences of emergency events. Through the recovery we received support from personnel and business units across Auckland Council, New Zealand Red Cross, the Temporary Accommodation Service, Ministry of Social Development and the Insurance Council of New Zealand.

34.     The Mayoral Relief Fund, in providing support not otherwise available, had a very positive effect on the recovery of applicants and the local community.

35.     The Taupo District Council provided a team of three led by Julie Gardyne, Deputy Chief Executive, who assisted with setting up the recovery effort, based on her experience as Recovery Manager for the Edgecumbe Floods. This support was facilitated by NEMA and a member of NEMA’s recovery team also participated.

36.     The Chair and Members of the Ōtara-Papatoetoe Local Board and the staff of Local Board Services, Contact Centre, Communications, Workplace Support Services, Waste Solutions, Community Facilities, Building Consents, Compliance Response and Investigations, Grants, Rates Valuations, and the Otara-Papatoetoe Library played an essential role in the delivery of recovery efforts. 

Tauākī whakaaweawe āhuarangi

Climate impact statement

37.     There are no climate impacts arising from this report.

38.     New Zealand has committed to the Sendai Framework for Disaster Risk Reduction 2015 which involves greater effort to understand risk, shift from managing disasters to managing risk, and taking a whole of society approach. This includes taking advantage of opportunities to reduce risk though recovery, which may reduce the impacts associated with climate change.

39.     As a localised, relatively confined event there are some opportunities for making improvement. For example, repairing older dwellings to current building code requirements may lead to improved insulation or other benefits. Similarly, the enhancing street tree planting can lead to local benefits.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

40.     Impacts of the event and the recovery across the Auckland Council group were localised and confined. No reports were received of damage to public infrastructure or community facilities. In the case of some activities, prioritising delivery of services to the impacted area may have disrupted delivery of business-as-usual or contracted services. For example, the extent of removing greenwaste may temporarily impact delivery of arborist services elsewhere.

41.     Similarly, the tornado and the associated recovery will impact on the business-as-usual work programme advancing and refining preparations to undertake recovery efforts. The delivery of the work programme will experience some delay, while the debrief and learnings from the Papatoetoe Tornado recovery may introduce changes.

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

Local impacts and local board views

42.     The Papatoetoe Tornado was a localised emergency event affecting a part of the Papatoetoe community. The welfare of those affected by the tornado was central to both the response and the recovery, which focused on local housing, local communities and local amenity.

43.     Efforts were made to support families and people with their needs and to restore the local community’s public realm as quickly as possible. There was close engagement with the Ōtara-Papatoetoe Local Board which approved the draft Papatoetoe Tornado Recovery Plan and recommended it for the approval of the Coordinating Executive Group and Civil Defence Emergency Management Committee.

Tauākī whakaaweawe Māori

Māori impact statement

44.     Māori, Māori families and whanau may have been impacted by the Papatoetoe Tornado as members of the affected community. Local marae were approached through the response and the recovery to enquire after local needs. Nothing was required although interest was expressed in opportunities to work with local iwi/marae to develop greater recognition, understanding and integration of iwi Māori perspectives and tikanga in emergency management.

45.     Working with local marae in this manner aligns with the CEG’s forward work programme (refreshed May 2021) item to “Identify the approach for developing a Māori Responsiveness Plan and establish partnerships with Māori to ensure greater involvement in CDEM.” Opportunities to engage and build partnerships with Māori will be sought to achieve greater representation and inclusion at all levels, and for Te ao Māori to be reflected in key strategies and work programmes, including recovery.

Ngā ritenga ā-pūtea

Financial implications

46.     Responses to and recovery from emergency events are not able to be budgeted for in advance. Rather, Auckland Council maintains the ability to draw upon financial provisions should events arise.

47.     While some expenditure on response to an event is eligible for reimbursement from NEMA, such as expenditure on food, clothing and accommodation, some is not. Conversely, expenditure on recovery is generally ineligible for reimbursement, except a portion of expenditure on infrastructure within tight criteria. 

48.     Expenditure on the recovery will be detailed to build a better understanding of the costs of recovery under the framework established in NEMA’s guidelines on Recovery Preparedness and Management (DGL 24/20). This will be available for subsequent reporting.

49.     At the time of writing, few invoices have been received enabling the costs of response and recovery to be separated. To the time this report was written the known costs of the recovery to date include:

·        Removal of storm debris, including skips and pickups by special request

$51,275.10

·        Printing of signage, two sets of flyers and postage

$1,229.21

 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

50.     The Papatoetoe Tornado Recovery plan identifies risk to the recovery in Section 11. The main risks identified are:

·    Delays to repairs due to barriers to accessing qualified tradespeople and contractors and/or buildings supplies.

·    Delayed repairs due to underinsurance or the absence of insurance.

·    People in need who may not have come forward and are not able to be put in touch with support services through their community connections.

·    Loss of connection from family, friends, neighbours, or school peers for people and families who relocated out of the area.

51.     These risks are unquantified though there is some anecdotal evidence. There is limited opportunity to mitigate the impact of supply issues affecting tradespeople and building supplies as they stem from issues beyond Auckland Council’s control.

52.     Efforts made to understand the extent to which the recovery may be impeded have not highlighted instances of no insurance.

53.     Positive feedback from families in temporary accommodation has been received indirectly that has reduced concern that harm from loss of connection is occurring.

Ngā koringa ā-muri

Next steps

54.     Recovery efforts have made significant progress. Green waste and storm debris collections have been completed. Public queries and requests for assistance have largely ceased.

55.     Ongoing activities relate to:

·        Continuing to repair dwellings and corresponding processes for the removal of placards, and the granting of consents where required

·        replacement street planting

·        families who remain in temporary accommodation

·        enhanced street planting.

56.     The recovery team will become more focused on monitoring, documenting and accounting for expenditure as invoices are presented, and debriefing. The learnings from the recovery will be incorporated into the work programme recovery preparations. This will include taking opportunities to engage with Māori and build relationships.

57.     Further out, the delivery of enhanced street planting will be among the last activities to be completed. This is anticipated to commence in early 2022.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Area impacted by the Papatoetoe Tornado

19

b

Weekly updates 1-6

21

c

Draft Papatoetoe Tornado Recovery Plan

33

     

Ngā kaihaina

Signatories

Author

Wayne Brown - Principal Recovery Advisor

Authorisers

Jennifer Rose - Head of Business Performance, Community Facilities as Recovery Manager

Kate Crawford - General Manager Auckland Emergency Management

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

 


Governing Body

26 August 2021

 

 

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26 August 2021

 

 












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26 August 2021

 

 

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Governing Body

26 August 2021

 

 

Appointment to Kaipara Moana Remediation Joint Committee

File No.: CP2021/12370

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To appoint an Auckland Council representative to the Kaipara Moana Remediation Joint Committee.

Whakarāpopototanga matua

Executive summary

2.       The Kaipara Moana Remediation Joint Committee (Joint Committee), established jointly with the Northland Regional Council and in partnership with Kaipara Uri entities (Ngā Maunga Whakahii o Kaipara Development Trust, Te Rūnanga o Ngāti Whātua, and Te Uri o Hau Settlement Trust), provides decision-making relating to funding allocated to achieve environmental and associated outcomes for the Kaipara Harbour (Kaipara Moana) through the Kaipara Moana Remediation programme (GB/2020/79).

3.       Auckland Council members appointed to the Joint Committee are Councillor Greg Sayers, Councillor Daniel Newman, and Rodney Local Board Chair Phelan Pirrie.  Rodney Local Board Chair Phelan Pirrie has resigned from the Joint Committee and a replacement is required.

4.       On 18 August 2021 the Rodney Local Board confirmed the nomination of member Danielle Hancock as a replacement for the Joint Committee.

5.       A replacement from the Rodney Local Board will provide local board representation on the Joint Committee, alongside councillor representation.  Almost all the catchment of the Kaipara Harbour in the Auckland Council area falls within the Rodney Ward.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakatuu / appoint Rodney Local Board member Danielle Hancock as an Auckland Council representative to the Kaipara Moana Remediation Joint Committee.

 

Horopaki

Context

6.       On 30 July 2020 the Governing Body agreed for Auckland Council to sign a memorandum of understanding with the Crown, Kaipara Uri entities and the Northland Regional Council to progress the Kaipara Moana Remediation programme.  The Governing Body also agreed to set up the Kaipara Moana Remediation Joint Committee (Joint Committee) with the Northland Regional Council, and in partnership with Kaipara Uri entities (GB/2020/79).

7.       The Kaipara Moana Remediation Memorandum of Understanding (MOU) was signed on 9 October 2020 and the Joint Committee held its inaugural meeting that day.  A deed of funding with the Crown was signed on 8 February 2021, with the first tranche of Crown funding received in late March 2021.

8.       The purpose of the Joint Committee is to carry out decision-making relating to funding allocated to provide environmental and associated outcomes for Kaipara Moana.  The Terms of Reference for the Joint Committee is provided in Attachment A.

9.       Membership on the Joint Committee is as follows:

·    six representatives from Kaipara Uri entities

·    three elected members from Auckland Council

·    three elected members from Northland Regional Council. 

The chairperson (presently Tame Te Rangi) is appointed from the Kaipara Uri entity representatives, while the deputy-chairperson (presently Northland Regional Council Chair Penny Smart) is appointed from the council representatives.

10.     Auckland Council members appointed to the Joint Committee are Councillor Greg Sayers, Councillor Daniel Newman, and Rodney Local Board Chair Phelan Pirrie.  Rodney Local Board Chair Phelan Pirrie has resigned from the Joint Committee and a replacement is required. 

Tātaritanga me ngā tohutohu

Analysis and advice

11.     At its business meeting on 18 August 2021 the Rodney Local Board confirmed the nomination of member Danielle Hancock for the Joint Committee.

12.     A replacement from the Rodney Local Board will provide local board representation on the Joint Committee, alongside councillor representation, and will be consistent with the approach taken by the Governing Body when the original appointments were made.  Almost all the catchment of the Kaipara Harbour in the Auckland Council area falls within the Rodney Ward.

Tauākī whakaaweawe āhuarangi

Climate impact statement

13.     The Kaipara Moana Remediation programme is focussed on reducing sediment (eroded soil) loss into the Kaipara Harbour.  Sediment is a catch-all contaminant and reducing it will generate co-benefits for other water quality contaminants, processes, habitats and values.  On-farm works the programme will support include wetland regeneration, stream and river stabilisation by stock-exclusion (fencing) and riparian planting, and highly-erodible land stabilisation by space-planting trees and targeted pastoral land retirement. 

14.     Reduction of carbon dioxide in the atmosphere will occur from planting of an estimated 32 million native plants on stock-excluded waterways, 9 million trees for hillside stabilisation, and wetland regeneration.  Stabilisation of land and water to extremes of rainfall will enhance resilience of the Kaipara Moana catchment to future climate change effects.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

15.     Council group impacts of the Kaipara Moana Remediation programme are set out in the 30 July 2020 Governing Body report ‘Kaipara Moana Remediation’.

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

Local impacts and local board views

16.     In 2020 the Rodney Local Board supported Auckland Council signing an MOU with the Crown and Kaipara Uri to progress the Kaipara Moana Remediation programme (RD/2020/86).  At a business meeting on 18 August 2021 the Rodney Local Board nominated member Danielle Hancock as an Auckland Council representative on the Joint Committee.

Tauākī whakaaweawe Māori

Māori impact statement

17.     With equal mana whenua and council representation, the Joint Committee provides partnership-based governance to the Kaipara Moana Remediation programme, and anticipates the establishment of a future statutory co-governance arrangement through Treaty settlement legislation.  Māori outcomes of the Kaipara Moana Remediation Programme are set out in the 30 July 2020 Governing Body report ‘Kaipara Moana Remediation’.

Ngā ritenga ā-pūtea

Financial implications

18.     There are no financial implications to the appointment of a new Auckland Council member to the Joint Committee.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

19.     There is a reputational risk to Auckland Council if an appointment is not made to the Joint Committee and the seat remains vacant.

Ngā koringa ā-muri

Next steps

20.     If confirmed, the new appointee to the Joint Committee will attend workshops and meetings and participate in decision-making for the Kaipara Moana Remediation programme.  The Joint Committee is next scheduled to meet on 20 September 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Terms of Reference - Kaipara Moana Remediation Joint Committee

51

     

Ngā kaihaina

Signatories

Author

John Hutton - Manager Treaty Settlements

Authorisers

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

 


Governing Body

26 August 2021

 

 

PDF Creator

PDF Creator

PDF Creator


Governing Body

26 August 2021

 

 

Participation in a joint charter (collaboration agreement) for Te Whakaoranga o te Puhinui: Puhinui Regeneration Strategy

File No.: CP2021/05580

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve a charter for ratification by the Mayor and Deputy Mayor, between the ‘Te Whakaoranga o te Puhinui’ project delivery partners including Auckland Council, mana whenua, Kāinga Ora, Eke Panuku Development Auckland, Ōtara-Papatoetoe and Manurewa Local Boards.

Whakarāpopototanga matua

Executive summary

2.       Te Whakaoranga o Te Puhinui - Puhinui Urban Regeneration Strategy is a living document that sets out underpinning principles and aspirational outcomes to support urban renewal projects across the Puhinui catchment.

3.       The strategy has been led by Eke Panuku Development Auckland and is a cross-council collaborative initiative that has been developed in partnership with mana whenua (namely Ngaati Te Ata, Ngaati Tamaoho and Te Ākitai, collectively known as Waiohua Iwi).

4.       The Puhinui charter (Attachment A) has arisen from this partnership to define agreed ways of working together to deliver the proposed work programme and meet the outcomes of the regeneration strategy (Attachment B). The charter is aspirational in nature and the purpose is set out as follows:

         “We seek to realise Te Whakaoranga o te Puhinui in a way that acknowledges, through whakapapa, the interconnectivity of people, place and nature so that through indigenous, place-based knowledge we learn how to inhabit and evolve our urban environments towards a flourishing future”.

5.       The charter has emerged as part of the wider ‘Te Whakaoranga o Te Puhinui - Puhinui Regeneration Strategy’, a living document that sets out underpinning principles, aspirational outcomes, and proposed initiatives to support and align urban renewal projects in the catchment. It has been developed through three years of collaboration among the council family, Kāinga Ora and mana whenua partners. The charter was suggested and primarily driven by mana whenua.

6.       The charter would apply to the Puhinui catchment, which encompasses the Botanic Gardens and Tōtara Park (the headwaters of the catchment), central Manukau, Wiri and parts of Homai and Puhinui, Puhinui Reserve and parts of the greenfield “Southern Gateway” greenfield development area west of the lower Puhinui.

7.       Te Whakaoranga o Te Puhinui is a direct response to the Manukau Framework Plan. It takes a holistic approach to the whakaoranga of the stream, which includes health of community, people, and the environment. A Stormwater Management Plan is being prepared to support the work programme that has been developed under Te Whakaoranga o te Puhinui.

8.       The proposed charter has been supported in principle by the programme steering group consisting of senior leadership from Eke Panuku, Healthy Waters, Community Facilities, The Southern Initiative, Manurewa and Ōtara-Papatoetoe Local Boards, Kāinga Ora and Waiohua Iwi. Formal approval by the Manurewa and Ōtara-Papatoetoe Local Boards is pending local board business meetings in late August 2021.

9.       The signing of the charter will enable project alignment and momentum. Project leaders will be able to move projects within the catchment forward with greater confidence based on the agreed aspirational values and outcomes. All future projects will still be subject to standard council approval processes.

Ngā tūtohunga

Recommendations

That the Governing Body:

a)      whakaae / approve the ratification of the Charter for Te Whakaoranga o te Puhinui (Puhinui Regeneration Strategy) as shown in Attachment A of the agenda report

b)      māngai / delegate authority to the Mayor and Deputy Mayor to sign the charter on the council’s behalf

c)       māngai / delegate authority to the Mayor and Deputy Mayor to agree any minor wording changes in the Charter.

 

Horopaki

Context

Te Puhinui

10.     Te Puhinui is a culturally and ecologically significant stream from its headwaters within the Botanic Gardens to its mouth in the Puhinui reserve. Puhinui Reserve is 199 hectares in size, part of which is a wildlife reserve that supports thousands of international migratory birds and native threatened species[2]. The Puhinui catchment represents a unique opportunity to create connectivity for people and wildlife between green spaces from the stream headwaters to the coast.

11.     The Puhinui offers the opportunity to create connectivity between the commercial centre and the surrounding suburbs via quality urban spaces in the heart of a culturally unique and diverse community in South Auckland. This is an area of high socio-economic deprivation where safe pedestrian connectivity would be highly beneficial. 

Figure 1. Puhinui Catchment

12.     The Puhinui catchment flows into the Manukau Harbour (Te Maanuka). The stream and the harbour have significant water quality issues[3] & [4] which have been at the forefront of discussions with mana whenua.

13.     A Stormwater Management Plan is being prepared to support the work programme that has been developed under Te Whakaoranga o te Puhinui. The Stormwater Management Plan is a joint strategy between Healthy Waters and Kāinga Ora for managing stormwater within development and redevelopment areas and identifying stormwater management opportunities in other parts of the catchment. The planned work includes stream restoration, water quality wetlands, ponds and stormwater treatment devices, and flood management.

Development of the charter and regeneration strategy

14.     A programme steering group was established in 2018 consisting of representatives from key council partners, Manurewa and Ōtara-Papatoetoe Local Boards, mana whenua, and Kāinga Ora. There has also been ongoing coordination with other Crown entities (Counties Manukau District Health Board and the Department of Conservation). The Department of Conservation has indicated that they wish to sign up to the charter in the future.

15.     Eke Panuku published “Transform Manukau – Renewal of Manukau Central[5]” in 2016 and the Manukau Framework Plan[6] in 2017. The framework plan identified key initiatives including realising the potential of the Puhinui Stream and creating a vibrant heart of the Puhinui. These would be fulfilled by a stream connectivity and restoration project to connect the Botanic Gardens to the Puhinui Reserve via a cycle and walkway along the restored stream.


 

 

 

16.     Parts of this project are currently being delivered by Healthy Waters and Eke Panuku, however more funding would be needed to realise this project fully, which has not yet been identified or allocated. The stream corridor offers the opportunity to provide good quality urban open spaces to service future residential redevelopment and densification. Figure 2 below shows the area studied for Transform Manukau.

Figure 2. The Transform Manukau Area

17.     Te Whakaoranga o Te Puhinui is a direct response to the Manukau High Level Project Plan developed under Transform Manukau and the subsequent Manukau Framework Plan (2017). It seeks to realise 'Key Move 1 - Realising the Potential of the Puhinui Stream'. This agreement recognises that the regeneration of the Puhinui will require collaboration and input from a wide range of project partners and stakeholders. The strategy takes a holistic approach to the whakaoranga of the stream, which includes health of community, people, and the environment.

18.     The proposed charter reflects the intent of the Waiohua Iwi to work with the council and other partners towards common goals. As a consequence of the partnership with mana whenua, the original extent of the project area has been broadened to take a whole of catchment approach. Te Whakaoranga o te Puhinui includes an aspirational work programme which sets out projects and initiatives to foster high quality urban regeneration.

Tātaritanga me ngā tohutohu

Analysis and advice

Charter outcomes

19.     The charter seeks to encapsulate te puutake (the purpose), te tirohanga (the vision), mataapono (values), responsibilities, and obligations underpinning the regeneration of Te Puhinui. It represents an agreement and acknowledgement of the collaboration and mutual respect of all signatories, including between Te Waiohua iwi, mana whenua, local communities, the council, and the Crown, towards the regeneration of Te Puhinui.

20.     The charter states a commitment of signatory parties to a range of outcomes. These include fulfilling mutual Te Tiriti o Waitangi obligations and responsibilities through partnership, adopting an empowered communities approach, recognising maaramatanga and mana whenua wisdom, embedding resilience and adaptability in planning and development, and employing whakapapa-centred design to enable spiritual, physical, and mental wellbeing between people, place, and nature.

21.     The values and principles are presented under seven themes in the charter: rangatiratanga, kaitiakitanga, maatauranga, manaakitanga, tauritetanga, whanaungatanga, and tiakitanga. These themes and principles are explored further in the charter (Attachment A).

22.     Te Whakaoranga o te Puhinui and the resulting charter meets the goals of the Auckland Council Māori Responsiveness Framework, Goal 1 (an empowered organisation) and Goal 2 (effective Māori participation) in the following ways: the governance and operations have mutually beneficial relationships with Māori at the governance, executive and operational levels; the partnership enables, supports and develops effective Māori participation in decision-making and democratic processes; and the partnership enables and institutes shared governance and other decision-making opportunities with Māori.

Partnership with mana whenua

23.     The ratification of the charter will impact current and future relationships with mana whenua in South Auckland through agreeing shared commitments, goals, and work processes. Urban renewal, stormwater and elements of transport projects will be influenced by the charter with regard to planning and implementation, procurement of services and ongoing maintenance of infrastructure.

24.     Partnership with mana whenua is a foundation for this project and provides an opportunity to build projects that represent Māori aspirations. This project is viewed as a pilot partnership that may provide a model which could be applied across the region (while recognising that areas and iwi differ across Tāmaki Makaurau).

25.     Ratifying the charter at the governance level of the partner organisations is an important acknowledgement to mana whenua that they are equal partners in the work programme. If governance support is achieved at the highest level in all partner organisations, then mana whenua can have confidence in organisational commitment to the principles of the charter and move forward with their aspects of the work programme.

26.     Te Waiohua iwi partners have indicated that they want to be active partners in relationships and want to achieve outcomes which benefit of whole catchment and community. They wish to move into a partnering space that is beyond consultation and engagement. Members have expressed their support for the successful partnering to date and see this work as a flagship opportunity that could set an example for other initiatives in the region.

 

 

Local and regional benefits

27.     Puhinui and Manukau fall within two local board areas (Manurewa and Ōtara-Papatoetoe), both of which have adverse deprivation scores.[7] Māori are over-represented in the most deprived population within the Counties Manukau District Health Board area.[8] The area’s population also is younger than the national average.

28.     The successful delivery of the Puhinui project will generate both local and regional benefits. The connection of two significant public parks (the Botanic Gardens and the Puhinui Reserve) via an entirely publicly owned, well-designed cycle and walkway has the potential to attract visitors from around the region and may serve to further invigorate the Manukau town centre.

29.     Kāinga Ora are a significant landowner and developer in the catchment. Kāinga Ora have been partners in the development of the strategy and charter, including membership on the steering group. They also have a broader governance structure with the council through the Manukau Regeneration Programme. Kāinga Ora has reviewed and approved the charter document and confirmed their intent to sign.

Alignment with good practice and council policy

30.     The charter contributes to currently accepted good practice[9] for partnering and co-design.[10] Charter partners and mana whenua will make joint decisions through the steering group. The specific process for this will be agreed following the signing of the charter. The intent of the charter is aligned with the purpose and principles of the Resource Management Act and the Local Government Act. The charter is aligned with the principles of the Treaty of Waitangi[11]. Please refer to Appendix A for analysis.

31.     Ratification of the charter is not required to meet the obligations imposed by the Resource Management Act 1991 or the Local Government Act 2002. If the charter is not ratified, the work programme will continue in the absence of ratification, however it may impact working relationships with mana whenua.

32.     Te Arawhiti’s (Office of Māori Crown Relations) principles for building closer partnerships with Māori involve building relationships and sharing decision-making and planning together from the start, valuing each parties’ contribution and knowledge, and ensuring outcomes are meaningful to all parties. A partnering framework was built in 2018, with engagement during 2019 and 2020 building the objectives and outcomes for the Regeneration Strategy. The charter was a mana whenua-led development within this workstream.

Ratification and implementation

33.     Following the ratification of the charter by the Governing Body signatures to the document will be confirmed from the Mayor and Deputy Mayor, Manurewa and Ōtara-Papatoetoe Local Board chairs, Waiohua Iwi Chairs (Karen Wilson – Te Ākitai, Ngaati Tamaoho and Ngaati Te Ata signatories to be confirmed), and the Eke Panuku and Kāinga Ora board chairs.

34.     Implementation of the charter can be achieved using existing council processes. Current relevant processes are the Infrastructure and Environmental Services Māori Responsiveness Framework, the Puhinui Stormwater Management Plan, and the region-wide Auckland Network Discharge Consent.


 

Tauākī whakaaweawe āhuarangi

Climate impact statement

35.     The Puhinui project aligns with a number of actions in Te Tāruke-ā-Tāwhiri: Auckland Climate Plan, particularly Action area N1: Build the resilience of Auckland’s indigenous biodiversity, habitats and ecosystems to the impacts of climate change.

36.     The project will create stormwater infrastructure that will contribute less sediment to the receiving environment during storm events due to reducing stream bank erosion, and reduced flooding impacts in existing and redeveloped areas. This will improve the resilience of Auckland’s stormwater infrastructure to climate impacts.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

37.     The Puhinui Regeneration Programme has been developed in collaboration with representatives from iwi, local boards, and council departments, including Natural Environment Strategy, Healthy Waters, Parks, Sports and Recreation, and Community Facilities. All parties have had an opportunity to input into Te Whakaoranga o te Puhinui and its supporting document: the Puhinui Discovery Document.

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

Local impacts and local board views

38.     This catchment sits within the Manurewa and Ōtara-Papatoetoe Local Board areas. Representatives from both local boards are members of the Puhinui Programme Steering Group and have provided input into the charter and the wider Te Whakaoranga o Te Puhinui Programme.

39.     Manurewa and Ōtara-Papatoetoe Local Board have received business reports seeking confirmation of their intent to ratify the charter. Early indications are that this is generally supported.

40.     Meetings have been held with the local board chairs, ward councillors and mana whenua to introduce the charter. Support was indicated to proceed with the signing and associated reporting processes following these meetings. 

41.     An informal launch of the regeneration strategy was held on 11 November 2020 and representatives from local community organisations, government agencies, businesses, and education facilities were invited to provide feedback on the draft strategy.

Tauākī whakaaweawe Māori

Māori impact statement

42.     The development of the charter has been enabled through the receipt of additional Māori Outcomes Steering Group funding via Eke Panuku. This funding was received by Eke Panuku to support the capacity and capability of mana whenua to meaningfully partner on this programme.

43.     The charter has been developed in collaboration with mana whenua and is underpinned by values which originate in Te Ao Maaori: rangatiratanga, kaitiakitanga, maatauranga, manaakitanga, tauritetanga, whanaungatanga, and tiakitanga. In addition, many of the charter’s outcomes seek to ensure that mana whenua are recognised as having a unique role as kaitiaki and that self-determination of mana whenua is recognised in collaborative efforts.

44.     The charter also commits parties to recognise maatauranga and maaramatanga Maaori: Maaori wisdom and ways of knowing, and te mana o te wai o Puhinui: the mana of the Puhinui stream.


 

 

Ngā ritenga ā-pūtea

Financial implications

45.     The charter does not have any financial implications as a standalone document. It will impact the way that projects are identified, designed, and delivered, however these processes are subject to financial assessment and approval under the Investment Delivery Framework.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

46.     Risks and mitigations for the ratification of the charter are shown in Table 1.

Table 1. Risks and mitigations for ratification of the charter for Te Whakaoranga o te Puhinui (Puhinui Regeneration Strategy)

Risk

Mitigation

There is a risk that the ratified charter will not be visible to all of the council staff that will be required to implement it.

·   Charter to be referenced in the Puhinui Stormwater Management Plan (joint plan between Kāinga Ora and Healthy Waters) and the region-wide Auckland Network Discharge Consent.

·   Cross-council collaboration meetings are held quarterly, which are also expected to reduce this risk.

There is a risk that if the Governing Body ratifies the charter, it will create an expectation for the council to contribute funding to projects identified in the work programme.

·   Strategy documents clearly indicate where funding has or has not been approved for identified initiatives.

·   Roles and responsibilities are not directly allocated as part of the charter, rather a shared responsibility to deliver is illustrated.

·   Funding for projects delivered through this steering group will also go through regular council approval channels.

Ngā koringa ā-muri

Next steps

47.     The project team will arrange a small signing ceremony to occur in parallel to a wider community and stakeholder engagement activity in Manukau. This is tentatively planned for late-2021 to align with wider project deadlines. Eke Panuku will liaise with the Mayor’s Office to make arrangements.

48.     Healthy Waters staff will incorporate the charter into the Puhinui Stormwater Management Plan.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Te Whakaoranga o te Puhinui Charter

65

b

Te Whakaoranga o Te Puhinui: Te Rautaki - Te Puhinui Regeneration Strategy (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Sara Zwart, Principal Regenerative Design Lead, Eke Panuku Development Auckland

Authorisers

Craig McIlroy – General manager Healthy Waters

Barry Potter - Director Infrastructure and Environmental Services

Jim Stabback - Chief Executive

 



Governing Body

26 August 2021

 

 



Governing Body

26 August 2021

 

 

Feedback on discussion document - Changes to Māori ward and constituency processes

File No.: CP2021/11793

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To finalise feedback on the discussion document “Changes to Māori ward and constituency processes” and to appoint members to a joint group to discuss these issues further.

Whakarāpopototanga matua

Executive summary

2.       The Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 removed the poll provisions attached to resolutions of councils establishing Māori wards.   The Minister of Local Government will be presenting a bill to make consequential amendments to provisions for Māori wards.  Prior to the bill being developed a discussion document has been made publicly available seeking feedback.  Once the bill is introduced there will be further opportunity for submission. This report presents a draft submission on the discussion document for approval.  The discussion document is provided as Attachment A.  Auckland Council’s draft submission is provided as Attachment B.

3.       The final bill will include amendments to Auckland Council legislation, including removing the limit on the number of Auckland Council Governing Body members.  Those matters are not part of the Government’s current consultation because they are specific to Auckland Council but will be part of the bill, for which there will be public consultation.

4.       When the Governing Body has considered whether to establish Māori wards in the past, staff have provided information to enable the Governing Body to make its decisions but have stepped back from making specific recommendations as this matter is political in nature. The current resolved position of the Governing Body is to seek policy in line with legislation governing the composition of Parliament.  This position has assisted in identifying recommendations out of the options presented in the discussion document that most closely match the Parliamentary model.

5.       Accordingly, and following on from the current council position, an important feature of Auckland Council’s draft submission is the proposal of a model similar to Parliament’s where the council is able to decide by resolution to establish one or more Māori wards and decide by resolution to dis-establish Māori wards but is not required to consider these decisions at periodic intervals.

6.       The Independent Māori Statutory Board has provided their submission to be attached to the council submission.  Their submission is provided as Attachment C. The June 2021 joint Governing Body / Independent Māori Statutory Board meeting agreed to establish a joint group to overview and direct work to determine matters in relation to elected Māori representation on council matters. The joint group would report back periodically at future Governing Board / Independent Māori Statutory Board joint meetings.

7.       The Independent Māori Statutory Board submission is made on the basis that it hasn’t gone through a formal process and that the joint group for Māori representation in local government has not yet met and this process of providing input into this discussion document has preceeded the convening of the joint group. The draft terms of reference for the joint group are provided as Attachment D.

8.       Local boards have also developed submissions which will be circulated prior to the meeting and will be attached to council’s submission.  The closing date for submissions on the discussion document is 27 August 2021 and so the timeframe for considering their submissions has been very constrained.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae/approve the submission in Attachment B of the agenda report, to the Minister of Local Government on the discussion document “Changes to Māori ward and constituency processes” and agree that local board submissions be attached to it

b)      whakaae/agree that the submission provided in Attachment C of the agenda report from the Independent Māori Statutory Board is attached to council’s submission

c)       whakaae/agree that the Governing Body representatives on the Governing Body / Independent Māori Statutory Board joint group that will consider these matters further are:

i)       Councillor Alf Filipaina

ii)       Councillor Angela Dalton

iii)      Councillor Shane Henderson

d)      tuhipoke/note the draft terms of reference for the Governing Body / Independent Māori Statutory Board joint group provided in Attachment D of the agenda report.

 

Horopaki

Context

Removal of poll provisions

9.       The Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021 was enacted in March 2021 with its bill being introduced under urgency.  The effect of that Act was to remove the poll provisions.  Previously, if a council resolved to establish a Māori ward and a valid petition was received then a poll was required.  In most cases polls overturned council resolutions. 

10.     That Act also gave all councils until 21 May 2021 to resolve to establish Māori wards for the 2022 elections.

11.     The current consultation is about whether specified other changes need to be made as a result of removing the poll provisions. Feedback from the consultation will be used to develop a bill in order to implement these changes.  The bill will also address changes to Auckland Council’s legislation.  There will be opportunity for further submission when the bill is considered by a Parliamentary committee.

Auckland Council legislative changes

12.     Auckland Council has previously resolved in support of Māori wards, subject to being able to increase the unique limit on the number of Auckland councillors.  The Minister of Local Government has noted in a Cabinet Paper about the Māori ward issues that Auckland Council legislative changes are also being progressed:

53. As well as any changes to the Māori wards process that arise from consultation, I intend for the package of changes to include:

53.1   removing the 20-councillor limit on the Auckland Council governing body;

53.2   improving the process for amending local board boundaries in Auckland to ensure they align with ward boundaries as much as possible;

53.3   updating nomination requirements to provide legislative clarity concerning electronic nominations;

53.4   enabling councils to provide secure telephone voting (which is already available to voters at general elections) as an option to support disabled electors;

53.5   updating the special vote verification process to reduce the workload on the Electoral Commission; and

53.6   updating the processes for declaring the outcomes of elections with tied results so that there must be a judicial recount before a coin toss determines the winner (like for parliamentary elections).

55      The Auckland Council changes are intended to give Auckland Council the same flexibility to respond to future population and demographic changes as other councils and so it can maintain representation that is fair and effective. Auckland Council has identified the 20-councillor limit as a barrier to creating a Māori ward and asked for its repeal, because the addition of a Māori ward councillor position would be at the expense of a general ward councillor position and trigger comprehensive boundary changes. Other councils, which determine their size (between 5 and 29 councillors) as part of their representation reviews, do not have this barrier to introducing Māori representation.

Governing Body’s current position on Māori wards

13.     In 2017 the Governing Body considered whether to establish a Māori ward for the 2019 elections.  It resolved:

That the Governing Body:

a)    receive the report and reiterate to government the position adopted by Council in 2015 supporting the need for legislative change to allow Auckland to determine the number of members on the Governing Body and subject to that, agree in principle to establish a Māori ward and request for a consistent policy regarding Māori representation in line with legislation governing the composition of Parliament.

(Minute GB/2017/125)

14.     In 2020 the Governing Body resolved:

e)    agree that as there has not been legislative change to allow the Governing Body to review its membership, no further action on the establishment of a Māori ward be taken for the 2022 elections.

(Minute GB/2020/11)

Discussion document

15.     The current consultation on changes to Māori wards and constituency processes considers how the current law on Māori wards can be improved. The discussion document explains the differences between the current Māori ward and general ward processes and poses a number of questions. To respond to the discussion document, it is helpful to consider the Governing Body’s current position on Māori wards described above, and further context and issues set out below, including the number of members elected from a Māori ward.

Number of members elected from a Māori ward

16.     Paragraphs 17 to 24 below discuss the two factors that would determine the number of Auckland Council Governing Body members that would be elected from a Māori ward, those being:

·        the number of Governing Body members on the Auckland Council

·        the number of electors on the Māori roll.

17.     The Local Electoral Act 2001 provides a formula for determining the number of Governing Body members to be elected from one or more Māori wards. The formula uses the Māori Electoral Population (MEP) and the General Electoral Population (GEP) as defined in the Electoral Act 1993 and used in that Act for parliamentary election purposes.

18.     The proportion of members elected from one or more Māori wards to the total number of members is the same as the proportion of the MEP to total electoral population (MEP plus GEP).

19.     The definition of the MEP in the Electoral Act 1993 is based on the number of ordinarily resident persons of Māori descent multiplied by the ratio of electors of Māori descent on the Māori roll to the total number of electors of Māori descent on both rolls.  To illustrate the effect of this:

i)    if all electors of Māori descent are on the Māori roll then, the MEP equals the total number of ordinarily resident persons of Māori descent

ii)   if half the electors of Māori descent are on the Māori roll, then the MEP equals half the total number of ordinarily resident persons of Māori descent.

20.     The MEP statistics are supplied to councils by the Local Government Commission. Statistics New Zealand provides them to the Commission. Councils must use the statistics provided by the Local Government Commission.  For Auckland Council, using the current statistics provided by the Local Government Commission:

·    the MEP is: 114,900

·    the GEP is: 1,602,600

·    the total population is: 1,717,500

·    the number of Māori ward members is calculated as: Total number of Governing Body members x (114,900 ÷ 1,717,500)

The effect of the ‘Total number of Governing Body members’ (using the formula)

21.     If total Governing Body members is 20 this provides 1.34 or 1 member of the 20 elected Governing Body members to be elected from a Māori ward.

22.     The number of members elected from a Māori ward increases slightly as the total number of Governing Body members increases:

Number of Governing Body members

Members elected by Māori ward

20

1.34 = 1

21

1.40 = 1

22

1.47 = 1

23

1.54 = 2

24

1.61 = 2

25

1.67 = 2

26

1.74 = 2

27

1.81 = 2

28

1.87 = 2

29

1.94 = 2

30

2.01 = 2

23.     Thus, based on the current MEP the maximum number of members elected from one or more Māori wards will never be more than two.

The effect of the ‘number of electors on the Māori roll’ (using the formula)

24.     The MEP statistic itself is affected by the number of electors of Māori descent who are on the Māori roll i.e. a greater number of electors on the Māori roll will increase the likelihood of more members elected from Māori wards. 

25.     The Māori Electoral Option is a four-month period during which Māori voters can exercise their option to move between General or Māori electoral rolls. This takes place every five to six years.  Apart from when they first enrol to vote, this four-month period is the only time when Māori voters can change electoral rolls. The last Māori Electoral Option was in 2018 and the next one is due to happen in 2024. The Ministry of Justice has been seeking feedback on whether the timing and frequency of the Māori Electoral Option should be changed.

26.     The best sequence of events for local government elections would be:

·    councils decide whether to establish one or more Māori wards

·    electors of Māori descent decide whether to transfer between rolls knowing whether their local government area will have a Māori ward

·    councils conduct their representation reviews using the updated MEP statistics.

27.     Councils need to publicly notify their initial proposals for the 2025 elections for representation arrangements by early September 2024, therefore, the statistics for the MEP will be required much earlier than September 2024.

Tātaritanga me ngā tohutohu

Analysis and advice

Parliamentary Māori electorates

28.     The Governing Body’s current resolved position supports policy regarding Māori representation in line with legislation governing the composition of Parliament.

29.     Parliamentary Māori representation is based on the MEP discussed above. The number of Parliamentary Māori electorates (members) is calculated, following each census, as follows:

i)       The South Island is divided into 16 equal general electorates using the GEP

ii)       The average representation forms the “quota” which is applied to the North Island GEP to determine the number of general electorates in the North Island

iii)      The quota is also applied to the MEP to determine the number of Māori electorates.

30.     The calculation of the number of members of a council elected by Māori ward (where a Māori ward is established) and the calculation of the number of Parliamentary Māori electorates are based on the same formula.

31.     The Representation Commission conducts reviews of Parliamentary electorate boundaries following a census.  This includes reviewing Māori electorate boundaries.  However the provision to have Māori representation is in the Electoral Act 1993 and can only be changed by resolution of Parliament (general electorates are entrenched and require a 75 per cent vote but Māori electorates are not entrenched).

32.     Applying that structure to Māori wards would see the council resolving to provide for Māori representation by establishing one or more Māori wards.  Boundaries of wards, including Māori wards, would be reviewed at least every six years through a representation review.  The decision to provide for Māori representation through establishing one or more Māori wards could be changed by resolution but would not be part of a regular representation review.

33.     A change to the provision for Māori electorates in the Electoral Act 1993 would include a public submission process.  Applying that aspect to council decisions to establish or dis-establish Māori wards means there should be a public consultation process.

Constitutional matters

34.     Of relevance, is that in 2011 Deputy Prime Minister, Hon Bill English, and Minister of Māori Affairs, Hon Pita Sharples, commissioned a Constitutional Advisory Panel (Panel). The Panel reported back in 2013.  Excerpts from this report are provided in Attachment E. The Government has not formally responded in full to its recommendations.

35.     The Panel characterised its findings as “an on-going conversation”.

36.     The Panel’s terms of reference included:

Crown-Māori relationship matters

·    Māori representation, including Māori Electoral Option, Māori electoral participation, Māori seats in Parliament and local government

·    The role of the Treaty of Waitangi within our constitutional arrangements

37.     The Panel noted issues that require further conversation and also stated its own views on many of these.  In terms of the future of Parliamentary Māori seats:

“The Māori seats are effectively self-regulating as Māori can determine, through the Māori Electoral Option, whether or not they continue. The Panel concurs with the views of the 1987 Electoral Law Committee’s inquiry into the Royal Commission on the Electoral System which put the decision on the future Māori seats in the hands of Māori…”

38.     That comment is also pertinent to local government Māori wards. If Māori electors on the Māori roll decide Māori wards (as well as Māori Parliamentary electorates) are no longer necessary, they may transfer to the general roll.

39.     The Panel noted various options for Māori representation that were put before it:

“Some options for enhancement mooted during the Conversation included:

·    ensuring equal representation in Parliament of tangata whenua and tangata Tiriti

·    creating an upper house with equal representation of tangata whenua and tangata Tiriti

·    entrenching the Māori seats so they cannot be removed by a simple majority in Parliament

·    revising the formula used for allocating Māori seats. The number of seats would be determined solely by the total Māori population, not by dividing the Māori electoral population by the quota for South Island general electorates

·    recasting the Māori electorate boundaries to align more closely to tribal boundaries

·    compulsory registration of Māori on the Māori roll with an option to opt off.”

40.     While these options are not currently on the table, it is useful to be aware of other possibilities.  Many submitters considered a true partnership would have 50 /50 representation. 

41.     Auckland councillors are aware of the model promoted by the Royal Commission on Auckland Governance (Royal Commission) which included three Māori seats: two elected by those on the Māori roll and one appointed by mana whenua.


 

 

42.     The section of the Royal Commission’s report about Māori representation in local government is provided as Attachment F.  The Royal Commission’s reflections include:

“Unlike representation in Parliament, the relevant statutes provide no consistent mechanisms for elected Māori representation in local government or for the relationship between iwi and councils.

The Panel recommends further work to find effective ways of involving iwi in local authority decision-making. Iwi history and tradition are based in the lands they have occupied for generations. The challenge is to investigate how the views of mana whenua with a direct whakapapa connection to the land or region in question can be heard and considered effectively.

Delegated authority through legislation and the relationship between central and local government were key factors in the conversations about Māori representation. The Resource Management Act 1991 and Local Government Act 2002 impose certain positive obligations and responsibilities on local authorities, but the Crown as Treaty partner retains responsibility to iwi.

Councils are under no imperative to engage with iwi and hapū. Iwi representation, even by the creation of Māori wards, is reliant on individual personalities within each council. It is undesirable that Māori representation in local government continue in this ad hoc manner.”

43.     The policy statement to the Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill (which removed the poll provision) included:

“Therefore, the removal of the poll provision is consistent with the Crown’s obligations under te Tiriti o Waitangi/the Treaty of Waitangi and aims to strengthen the Māori–Crown relationship at a local level by removing barriers to Māori participation in local elections.”

44.     However the Local Electoral Act 2001 itself has no reference to the Treaty.   It simply makes it possible for councils to establish Māori wards without providing any legislative guidance for why councils might (or should) do this and what matters they should take into account when making these decisions.  Council’s draft submission suggests adding a Treaty section to the Local Electoral Act 2001 similar to section 4 of the Local Government Act 2002.

Governing Body and Independent Māori Statutory Board joint group

45.     The position of Auckland Council regarding establishing one or more Māori wards has been discussed at joint meetings of the Governing Body and the Independent Māori Statutory Board. A joint group has been established to consider matters relevant to establishing such a ward for the 2025 elections. 

46.     The Governing Body members on this joint group are proposed to be Councillors Shane Henderson, Alf Filipaina and Angela Dalton. The Independent Māori Statutory Board members are David Taipari, Tau Henare and Karen Wilson.

47.     The draft terms of reference are provided in Attachment C.

Submission on the discussion document: Changes to Māori ward and constituency processes

48.     The discussion document poses a number of questions.  To be able to respond to these it has been necessary to set out the context and the issues above.  The starting point is the Governing Body’s current resolved position to have policy that is similar to that for Parliamentary Māori electorates.


 

 

Should councils be required to consider Māori wards?

49.     A provision in legislation for Māori wards recognises the Crown’s obligations under the Treaty. It is really for the Crown to decide whether councils should be required to consider Māori wards.  The Constitutional Advisory Panel noted the ad-hoc approach to Māori representation in local government.  It would be less ad-hoc if Parliament simply mandated that all local government was to include Māori wards and to remove this discretion altogether.  However this is not option in the consultation document.  Council’s draft submission suggests a model similar to Parliament’s where the council is able to decide by resolution to establish one or more Māori wards and decide by resolution to dis-establish Māori wards but is not required to consider these decisions at periodic intervals.

Should Māori ward decision-making continue to take place in two stages?

50.     Auckland Council’s current position is that it prefers a system similar to Parliament’s.  Māori wards may be established by resolution and may be disestablished by resolution.  There should not be a periodic review of these resolutions, but electorate boundaries and names may be reviewed as part of any representation review.

Should councils be required to engage with their community when considering Māori wards?

51.     In the same way that Parliament must consult through a Select Committee process when amending legislation relevant to Māori representation, a council should consult when making decisions to establish or disestablish Māori wards. 

52.     Those on the Māori roll are affected more than those who are on the general roll.  A voter on the general roll is still able to vote for general ward candidates if a Māori ward is introduced (though the boundaries might change). Those persons of Māori descent who previously transferred to the Māori roll for the purpose of Parliamentary elections will only be able to vote for Māori ward candidates if their local council introduces Māori wards.  Their views should be considered.

What role should the Local Government Commission have in relation to Māori wards?

53.     Based on the Parliamentary model, the Local Government Commission should have a similar role to that of the Representation Commission.  It reviews boundaries but does not make decisions about establishing or dis-establishing Māori representation.

What should a council be required to do if it wishes to no longer have any Māori wards?

54.     Based on the Parliamentary model in which legislative change is required to dis-establish Māori electorates and which includes a public consultation process, a council could also decide by resolution following public consultation, to disestablish Māori wards.

Tauākī whakaaweawe āhuarangi

Climate impact statement

55.     Council’s Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan recognises the important contribution from Māori and in particular the Te Ora ō Tāmaki Makaurau Wellbeing Framework and the contributions of the Mana Whenua Kiatiaki Forum.  A member elected member from a Māori ward will add to this valuable input at the Governing Body level.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

56.     The wider issue of Māori representation in council decisions such as appointments to boards is relevant to the wider council group.  However, the election of a councillor through a Māori ward will not lead to significant change to current processes for the council group.

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

Local impacts and local board views

57.     Staff presented the issues to the local board chairs forum and at the time of writing this report local boards were drafting submissions using delegated urgent decision processes.  Staff are aware that an issue likely to be raised by some local boards is that there is no proposal for local board Māori subdivisions.  Essentially, Māori wards affect Governing Body representation.

Tauākī whakaaweawe Māori

Māori impact statement

58.     The provision for Māori wards is a key element of Māori representation in local government decision-making. It has been accorded significance by the Independent Māori Statutory Board as referenced in the Schedule of Issues of Significance. 

59.     Staff have collaborated with Independent Māori Statutory Board staff in the preparation of council’s draft submission and have recommended that a supporting document that has been provided by the Independent Māori Statutory Board be attached to council’s submission.

Ngā ritenga ā-pūtea

Financial implications

60.     This report proposes a submission to the discussion document. There are no financial implications with deciding the submission. 

61.     The Remuneration Authority determines the total pool of remuneration from which the elected members of each local authority in New Zealand are paid.  Each local authority must comply with the Remuneration Authority’s determination and set funds aside accordingly. Auckland Council has indicated its intention to increase the number of councillors in the future in order to establish a Māori ward. 

62.     The Remuneration Authority has advised council that it does not intend to increase the total pool of remuneration in its future determinations as a result of a decision to increase the number of councillors, because the task of governing a region is not increased.

63.     There is however, likely to be additional operational costs in providing support for additional councillors. These matters implications should be considered when making a decision to increase the number of councillors.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

64.     The submission itself does not create any risks.  The report notes associated risks, such as the timing of the Māori Electoral Option not fitting with the timing of a representation review for the 2025 elections.

Ngā koringa ā-muri

Next steps

65.     Auckland Council's submission with the Independent Māori Statutory Board and Local Board submissions will be communicated to the Department of Internal Affairs by close of business on 27th August 2021.

66.     The Governing Body / Independent Māori Statutory Board joint group will be convened.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Discussion document: "Changes to Māori ward and constituency processes"

77

b

Draft submission on changes to Māori ward and constituency processes.

95

c

Submission of the Independent Māori Statutory Board on changes to Māori ward and constituency processes.

99

d

Draft Terms of Reference for the Governing Body / Independent Māori Statutory joint group

105

e

Māori representation in local government - Constitutional Advisory Panel

109

f

Royal Commission excerpt on governance and representation arrangment for Māori

117

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Phil Wilson - Director, Governance & CCO Partnerships

Jim Stabback - Chief Executive

 


Governing Body

26 August 2021

 

 

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Governing Body

26 August 2021

 

 

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26 August 2021

 

 

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26 August 2021

 

 

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26 August 2021

 

 

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26 August 2021

 

 

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Governing Body

26 August 2021

 

 

Local Government New Zealand Conference and Annual General Meeting - Report Back

File No.: CP2021/12327

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To receive a report back from the members who attended the Local Government New Zealand Conference and Annual General Meeting, 15 – 17 July 2021.

Whakarāpopototanga matua

Executive summary

2.       The Local Government New Zealand Conference and Annual General Meeting was held in Blenhiem on 15 – 17 July 2021.

3.       The conference theme was “Reimagining Aotearoa from the community up”.

4.       Governing Body members who attended the conference this year were:

i)       Mayor Phil Goff, National Council member

ii)       Deputy Mayor Bill Cashmore, Regional Sector representative

iii)      Cr Alf Filipaina, Te Maruata Roopu Whakahaere

iv)      Cr Pippa Coom, National Council member and Auckland Zone co-chair

v)      Cr Angela Dalton, Governance and Strategy Advisory group representative

vi)      Cr Richard Hills, Policy Advisory Group representative and Youth Elected Member

5.       The report back from the Governing Body members who attended the conference and annual general meeting is appended as Attachment A.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

b)      riro / receive the report on the Local Government New Zealand Conference and Annual General Meeting held 13 – 15 July 2021, as outlined in Attachment A of the agenda report.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Report Back on Local Government New Zealand Conference and Annual General Meeting, 15 - 17 July 2021

141

     

Ngā kaihaina

Signatories

Authors

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authorisers

Jim Stabback - Chief Executive

 


Governing Body

26 August 2021

 

 




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Governing Body

26 August 2021

 

 

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 26 August 2021

File No.: CP2021/10128

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To tuhipoka / note the progress on the forward work programme appended as Attachment A.

2.       To riro / receive a summary and provide a public record of memoranda, workshop and briefing papers that may have been held or been distributed to Governing Body members.

Whakarāpopototanga matua

Executive summary

3.       This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/workshops and briefings or other means, where no decisions are required.

4.       The following memoranda/information have been sent:

Date

Memorandum

2.8.21

Freedom Camping

 

5.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

28.7.21

Future of Local Governing Review CONFIDENTIAL

 

6.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhipoka / note the progress on the forward work programme appended as Attachment A of the agenda report

b)      riro / receive the Summary of Governing Body information memoranda, workshops and briefings – 26 August 2021.

 

 

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

155

b

Memo:  Freedom Camping

165

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

26 August 2021

 

 

 

Tira Kāwana / Governing Body
Forward Work Programme 2021

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee.  The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

 

Area of work and Lead Department

Reason for work

Committee role

(decision and/or direction)

Expected timeframes

Highlight the month(s) this is expected to come to committee in 2021

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Chief Executive’s Performance Objectives

The Appointments and Performance Review Committee has the delegation to recommend performance objectives.

The Governing Body must then consider the recommendations and make a decision.

Decision to approve performance objectives

 

Progress to date:

Setting the Chief Executives 2020/2021 performance objectives – Open Process Report 26 November 2020
Link to decision

Update Report on workforce and full-time equivalents CONFIDENTIAL 25 March 2021

Chief Executives Performance Objectives for FY22-24 CONFIDENTIAL 24 June 2021 released 29 July 2021
Link to decision

 

 

 

 

 

 

New Objectives

 

 

Review FY21/22

 

 

City Rail Link

Construction of the City Rail Link in the central city

Decisions to approve matter associated with City Rail Link

Decisions to note any matters raised by the Audit and Risk Committee about the project

 

Progress to date:

Appointments to board of City Rail Link 25 June 2020
Link to decision open process report
Link to restatement

Report on shareholder approval of major transaction 27 August 2020
Link to decision

As and when required

Review of council- controlled organisations

Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations

Decision on appointment of a council-controlled organisations review panel

Consider draft report on the key issues, feedback from the community and stakeholders

Decision on final report and recommendations

 

Progress to date:

11 August 2020 – Confidential Workshop

19 August 2020 – Confidential Workshop

Decision on the CCO Review 27 August 2020
Link to decision

Report and proposal to merge Auckland Tourism, Events and Economic Development (ATEED) and Regional Facilities Auckland (RFA) 27 August 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Annual Budget

(Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Annual Budget

 

 

 

 

 

 

 

 

 

 

 

 

Annual Report

Statutory requirement

Decision to adopt the Annual Report

 

 

 

 

 

 

 

 

 

Adoption

 

 

Committee Forward Work Programmes

Responsibility for oversight of work programmes of all committee of the Governing Body.

Decision to note that all committee have adopted a forward work programme

 

 

 

 

 

 

 

 

 

 

 

 

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Decision to adopt the Terms of Reference

Decision to adopt changes to Terms of Reference

 

Progress to date:

Terms of Reference approved November 2019
Link to decision

Terms of Reference amended to include working parties November 2019
Link to decision

Terms of Reference amended to include the Emergency Committee March 2020
Link to decision

Change to membership of Appointments and Performance Review Committee 24 June 2021
Link to decision

 

As and when required

Standing Orders

Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27

Originally adopted 16/12/2010

Decision to amend standing orders

 

Progress to date:

Change in light of COVID-19 March 2020
Link to decision

Change for Attendance by Electronic Link 25 June 2020
Link to decision

 

As and when required

Tūpuna Maunga o Tāmaki Makaurau Operations Plan

Section 60 of Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014 requires the Tūpuna Maunga o Tāmaki Makaurau Authority (Tūpuna Maunga Authority) and Auckland Council to annually agree an operational plan as part of the annual or long-term plan process.

This requires the council to consult on a summary of the Draft Tūpuna Maunga o Tāmaki Makaurau Operational Plan (the Draft Tūpuna Maunga Plan).

The Governing Body is also required to adopt the final plan.

Decision to adopt Operations Plan and summary

 

Progress to date:

Tango (adopt) DRAFT Operational Plan and Summary for consultation 9 December 2020
Link to decision

Report to agree to Operational Plan and include in the Recovery Budget (10-year Budget) 29 Jun 2021
Link to decision

 

Consultation

 

 

 

Adoption

 

 

 

 

 

 

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Decision to receive quarterly Health, Safety and Wellbeing report

 

Progress to date:

Report for December 2020 to Audit and Risk Committee 8 December 2020
Link to decision

Report for March 2021 to Audit and Risk Committee 25 March 2021
Link to decision

Report for May 2021 to Audit and Risk Committee 27 May 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Hauora (Wellbeing) Review

The Auckland Council conducted a Hauora (Wellbeing) review for its staff in early 2021.

Decisions and reporting as and when required.

 

Progress to date:

Initial review report 27 May 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Top Risk Register

The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.

Decision to note the top risk register and risk heat map

Decision to receive quarterly reports

 

Progress to Date:

Enterprise Risk Update – February 2021 25 March 2021
Link to decision

Enterprise Risk Update – May 2021 27 May 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Decision to approve submissions to the Crown as and when required

Decision to approve establishment and on-going implementation of co-management and other governance arrangements

 

As and when required

Governance Framework Review

The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards

Decisions on Joint Governance Working Party recommendations

Decisions on Service Levels and Funding

Decisions on Governance Framework Review implementation as required

As and when required

National Three Waters Programme

The Minister of Local Government recently established a joint central-local government steering committee to provide oversight and guidance to support the reform, and to assist in engaging with local government, iwi/Māori, and other water sector stakeholders on options and proposals.

Decision to opt in to the first stage of the national three waters reform programmes

 

Progress to Date:

Report and decision on opt in 27 August 2020
Link to decision

 

 

 

 

 

Initial Stage

 

 

 

 

 

 

Independent Review of Health and Safety at Port of Auckland

On 14 September 2020 the mayor announced that Auckland Council, as Ports of Auckland’s sole shareholder, would initiate an independent review of health and safety at Ports of Auckland

The proposed focus of the council’s independent review is to assess and comment on Ports of Auckland’s management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland.

Decision to agree Terms of Reference.

Consider independent review.

Ports of Auckland Limited will present progress to implement the CHASNZ report recommendations in July and October 2021.

 

Progress to Date:

Report to agree Terms of Reference for the review 24 September 2020
Link to decision

Workshop held 12 April 2021

Final Report 29 April 2021
Link to decision

Progress with implementation 29 July 2021
Link to decision

 

 

 

 

 

 

 

Report from POAL

 

 

Report from POAL

 

 

Maori Outcomes Performance Measurement Framework

 

Decision to agree to finalise the framework.

 

Progress to Date:

This was reported to Parks, Arts, Community and Events Committee 8 July 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

BYLAWS

Animal Management Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to date:

Statement of Proposal 27 May 2021
Link to decision

 

 

 

 

 

 

Recommendation

 

 

 

 

 

 

Construction Bylaw 2015

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

Options

 

Freedom Camping in Vehicles

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Report on next steps 25 March 2021
Link to decision

Options Report 27 May 2021
Link to decision

 

 

 

Direction

 

 

 

 

 

 

 

 

 

Navigation Safety Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 29 October 2020
Link to decision

Bylaw Panel Report to adopt bylaw 24 June 2021
Link to decision

 

 

 

 

 

Recommendation

Recommendation

 

 

 

 

 

 

Property Maintenance Nuisance Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

Recommendation

 

Signage Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

Proposal

 

 

 

Stormwater Bylaw

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

Proposal

 

 

 

 

Trading, Events and Filming Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 27 May 2021
Link to decision

 

 

 

 

 

 

Proposal

 

 

 

 

 

 

Traffic Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

No decision required until 2022.

 

 

 

 

 

 

 

 

 

 

 

 

 

Water Supply and Wastewater Network Bylaw 2015

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 25 February 2021
Link to decision

 

 

Proposal

 

 

 

 

 

 

 

 

 

 

Wharves Bylaw 2015

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

Options

 

 


 

Completed

Area of work

Committee role

(decision and/or direction)

Decision

Ark in the Park

Decision to appoint GB representatives to Ark in the Park.

Appointment of councillor representatives February 2020
Link to decision

Local government elections

Evaluation of 2019 election and preparation for 2022 election

Consider evaluation report of 2019 election

Decision on submission to Justice Select Committee Inquiry into 2019 election

Decision on voting system for the 2022 election and whether to establish Māori wards

Decision on evaluation and Māori wards February 2020
Link to decision

Decision on submission in Inquiry into 2019 election February 2020
Link to decision

Emergency Budget/ Annual Budget (Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Emergency Budget

 

Decision on Emergency Budget and consultation given COVID-19 – 16 April 2020 in confidential and released on 7 May 2020
Link to decision

Decisions on Emergency Budget and consultation
14 May 2020 Confidential
Link to decision 21 May 2020 released 25 June 2020
Link to decision 28 May 2020 released 25 June 2020

Decisions on Emergency Budget feedback
Link to decision 16 July 2020

Final adoption of Emergency Budget
Link to decision 30 July 2020

Elected members expense policy

Responsibility to adopt expense policy rules for Remuneration Authority approval

Adoption of policy 30 July 2020
Link to decision

Appointment of Chief Executive

Statutory requirement

Decision to appoint a new chief executive June 2020 in confidential

Chief Executive appointed July 2020
Link to announcement

Water Strategy

Monitoring drought situation.

 

Update from Watercare 25 June 2020
Link to decision

Update on water matters from Auckland Council 25 June 2020
Link to decision

Drought Restrictions Summer 2020/2021 24 September 2020
Link to decision

Review of Drought Restrictions for the 2020/2021 summer season 26 November 2020
Link to decision

Going forward this subject will be dealt with at the Environment and Climate Change Committee.

Food Safety Information Bylaw Review

 

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Adoption of Food Safety Information Bylaw Review 30 April 2020
Link to decision

Cemeteries and Crematoria Bylaw 2014

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Statement of Proposal 24 September 2020
Link to decision

Approve panel recommendations and adopt amended bylaw 25 February 2021
Link to decision

 

Review of Code of Conduct

Decision to adopt new Elected Members Code of Conduct

Scope of the Review Report 26 November 2020
Link to decision

Final report for adoption 25 May 2021
Link to decision

Alcohol Control Bylaw Review

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Statement of Proposal 24 September 2020
Link to decision

Final decision report 29 April 2021
Link to decision

Decision-making Responsibilities of the Governing Body and Local Board

Decision to approve the policy and confirm any changes.

 

Report to approve 24 June 2021
Link to decision

Recovery Budget (10-year Budget 2021-2031)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt the 10-year Budget (Long-term Plan)

 

Various workshops being held January 2021 – June 2021

Agree items for consultation 9 December 2020
Link to decision

Agree other items for consultation 9 December 2020
Link to decision

Agree changes to urban rating and rating of farm and lifestyle properties for consultation 9 December 2020
Link to decision

Agree other Rates and Fees Issues for consultation 9 December 2020
Link to decision

Agree to consult on Paremoremo Public Transport Targeted Rate 18 February 2021
Link to decision

Agree to consult on amendments to the Revenue and Financing Policy 18 February 2021
Link to decision

Adopt consultation material 18 February 2021
Link to decision

Adopt Communications and Engagement Plan 18 February 2021
Link to decision

Agree Recovery Budget Mayor’s Final Proposal 25 May 2021
Link to decision

Agree Recovery Budget:  Other Proposals 25 May 2021
Link to decision

Agree Changes to the Urban Rating Area and Rating of Farm and Lifestyle Properties within the Urban Rating Area 25 May 2021
Link to decision

Agree Other Rates and Fees Issues for the Recovery Budget 25 May 2021
Link to decision

Independent Maori Statutory Board Funding Agreement 24 June 2021
Link to decision

Adoption of Revenue and Financing Policy 29 June 2021
Link to decision

Adoption of the Recovery Budget (10-year Budget 2021-2031) 29 June 2021
Link to decision

Rates Setting 2021-2022 29 June 2021
Link to decision

Group Remuneration Policy

Decision to approve the policy.

 

Report to approve policy 24 June 2021
Link to decision

 

 


Governing Body

26 August 2021

 

 

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[1] This group is a part of the governance arrangements for the Auckland Civil Defence Emergency Management Group.

[2] Puhinui Reserve

[3] Puhinui freshwater report card

[4] Manukau marine report card

[5] Transform Manukau - Renewal of Manukau Central, Panuku 2016

[6] Manukau Framework Plan, Panuku 2017

 

[7] Auckland Prosperity Index Report 2020

[8] Population of Counties Manukau DHB

[9] Page 6 of Te Arawhiti Engagement Guidelines; Te Arawhiti is the Office for Māori Crown Relations.

[10] Te Arawhiti: Building Closer Partnerships with Māori: Principles

[11] Te Puni Kōkiri: Principles of the Treaty of Waitangi as Expressed by the Courts and the Waitangi Tribunal Wellington, 2002