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

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 18 August 2021

10.00am

Kaipātiki Local Board Office
90 Bentley Avenue
Glenfield

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Ann Hartley, JP

 

 

Melanie Kenrick

 

 

Cindy Schmidt

 

 

Andrew Shaw

 

 

Adrian Tyler

 

 

(Quorum 4 members)

 

 

 

Jacinda Short

Democracy Advisor

 

12 August 2021

 

Contact Telephone: (09) 484 6236

Email: jacinda.short@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Kaipātiki Local Board

18 August 2021

 

 

ITEM   TABLE OF CONTENTS                                                                                         PAGE

1          Welcome                                                                                                                         5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Leave of Absence                                                                                                          5

6          Acknowledgements                                                                                                       6

7          Petitions                                                                                                                          6

8          Deputations                                                                                                                    6

8.1     Northcote Petanque Club and Northcote Bowling Club request for additional terrains                                                                                                                  6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Kaipātiki Community Facilities Trust Quarterly Report                                            9

12        Birkdale early learning centre and community hall rebuild options                     15

13        Local Board Annual Report 2020/2021                                                                      29

14        Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021                                                                                                                               33

15        Proposal to make a new Freedom Camping in Vehicles Bylaw                             49

16        Kaipātiki Local Board feedback on the Department of Internal Affairs' consultation on changes to Māori ward and Māori constituency processes                           159

17        Appointments of local board members 2019-2022 - Uruamo Maranga Ake Marae Charitable Trust Liaison                                                                                           183

18        Kaipātiki Local Board Chairperson's Report                                                          187

19        Members' Reports                                                                                                      189

20        Governing Body and Independent Maori Statutory Board Members' Update    191

21        Governance Forward Work Calendar                                                                      193

22        Workshop Records - Kaipātiki Local Board - July 2021                                       199

23        Consideration of Extraordinary Items

PUBLIC EXCLUDED

24        Procedural Motion to Exclude the Public                                                               205

13        Local Board Annual Report 2020/2021

a.      18 August 2021 - Kaipātiki Local Board business meeting - Kaipātiki
Local Board Annual Report 2020/2021                                                         
205

14        Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021

a.      Kaipatiki Work Programme 2020/2021 Mar-Jun 2021 Report                      205

b.      KLB Performance Report Mar-Jun 2021 - Financial Appendix                   205


1          Welcome

 

            Text

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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.

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

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

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

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

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

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

 

4          Confirmation of Minutes

 

That the Kaipātiki Local Board:

a)         confirm the ordinary minutes of its meeting, held on Wednesday, 21 July 2021, as true and correct.

 

5          Leave of Absence

 

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


 

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

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

 

8.1       Northcote Petanque Club and Northcote Bowling Club request for additional terrains

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this deputation is to update the Kaipātiki Local Board regarding the request for additional terrains at Northcote Petanque Club and Northcote Bowling Club.

Whakarāpopototanga matua

Executive summary

2.       June Hieatt and Ken Akers from the Northcote Petanque Club will be in attendance to address the board in support of this item.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the deputation.

b)      thank June Hieatt and Ken Akers for their attendance and presentation.

Attachments

a          18 August 2021 - Kaipātiki Local Board Business Meeting - Submission to Kaipātiki Local Board on behalf of the Northcote / Birkenhead Communities, Northcote Bowling Club, Northcote Petanque Club and general public............................................................................................... 207

 

 

9          Public Forum

 

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

 

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

 

10        Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”


Kaipātiki Local Board

18 August 2021

 

 

Kaipātiki Community Facilities Trust Quarterly Report

File No.: CP2021/10707

 

  

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this report is to update members on the schedule of work achieved and completed by the Kaipātiki Community Facilities Trust (KCFT), aligned to Schedule 1 of the Kaipātiki Local Board contract delivery partnership.

Whakarāpopototanga matua

Executive summary

2.       The attached report provides members with an oversight of Kaipātiki Local Board and Auckland Council’s shared community development partnership with the Kaipātiki Community Facilities Trust (KCFT). The Kaipātiki Community Facilities Trust leads and supports collaborative responses to improve community wellbeing in the Kaipātiki Local Board area.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the Kaipātiki Community Facilities Trust quarter four report.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

21 July 2021 -  Kaipātiki Local Board Business Meeting -  Kaipātiki Community Facilities Trust quarter four report

9

      

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 



Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

Birkdale early learning centre and community hall rebuild options

File No.: CP2021/11236

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek approval to rebuild Birkdale community hall and early learning centre at 134 and 136 Birkdale Road, as one multi-purpose building.

Whakarāpopototanga matua

Executive summary

2.       The Birkdale community hall and Kauri Kids early learning centre are located at 134 and 136 Birkdale Road. The hall is council-owned but managed by Birkdale Beach Haven Community Project. Kauri Kids is owned by council and operated by councils’ Active Recreation Services.

3.       Both buildings are in poor condition and required minor renewal works to be undertaken in December 2019 for continuity of service, so that a long-term solution could be investigated (resolution number KT/2019/178). The feasibility of two options were explored in the attached design report (refer to Attachment A of the agenda report):

·      option 1: rebuild both facilities as one multi-purpose building

·      option 2: rebuild both facilities as two single purpose buildings.

4.       The Birkdale Beach Haven Community Project and council’s Active Recreation Services both provided input into the provision requirements for a rebuild of both facilities. It should be noted that the layout and dimensions as presented in Attachment A are likely to change through the concept design process.

5.       A multi-criteria analysis (MCA) was undertaken to assess the two options (refer to Attachment B of the agenda report). The MCA derived that option 1 was preferred, with the main points that were in favour of option 1 being:

·      the capital cost, which is less for option 1 at $2,792,508 compared with option 2 at $2,926,972; professional services costs are also likely to be higher than estimated for option 2 due to the need to have these done separately for each building

·      less operational and maintenance costs with one building

·      the potential user conflict issues identified for one building, such as noise, can be minimised through design.

6.       The project currently has sufficient funding as part of the 2022 to 2024 Community Facilities Work Programme, to enable construction at the end of financial year 2024-2025. If costs or time frames change the local board will be kept informed.

7.       The next steps are to engage further with mana whenua, consult the community and develop a concept design for the board’s approval.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      approve the option to rebuild Birkdale community hall and early learning centre at 134 and 136 Birkdale as one multi-purpose building.

 

Horopaki

Context

8.       Birkdale Kauri Kids early learning centre at 134 Birkdale Road is owned by council and operated by Active Recreation Services.

9.       Birkdale Hall, at 136 Birkdale Road, is a council-owned venue for hire in the Community Places network, where the day-to-day management is undertaken by Birkdale Beach Haven Community Project Incorporated.

10.     Condition assessments undertaken by council’s Community Facilities department identified that both buildings are generally in poor condition. The condition assessments concluded that for long-term continued service, the most viable and cost-effective solution is to rebuild both the hall and the early learning centre.

11.     Minor renewal works were undertaken at both facilities in December 2019 to allow for services to continue for approximately five more years. This enabled the long-term options to be assessed with less time pressures.

12.     The Kaipātiki Local Board were provided information from council’s Services Strategy and Integration team at a business meeting in September 2019. The information identified that both facilities provided much needed services for the local community and were expected to continue to do so. The local board resolved the following:

Resolution number KT/2019/1

MOVED by Chairperson J Gillon, seconded by Member A Smithson: 

That the Kaipātiki Local Board:

..

b)      note that the minor renewals will enable the buildings to continue providing service for the next 5 years, and that staff will provide advice on long term options though the 2020/2021 work programme process and will include more accurate financial information.

..

CARRIED

Tātaritanga me ngā tohutohu

Analysis and advice

13.     An architect was engaged to investigate the long-term solutions to rebuild both facilities at the 134 and 136 Birkdale Road sites. This investigation included assessing the constraints, risks, opportunities, and challenges of the sites, as well as development of two conceptual options, those being:

·      option 1: rebuild both facilities as one multi-purpose building

·      option 2: rebuild both facilities as two single purpose buildings.

14.     A meeting with the following stakeholder representatives was held on Thursday 5 March 2020 to identify the provision requirements for each facility and the site:

·      Birkdale Beach Haven Community Project Incorporated

·      Auckland Council’s Active Recreation Services

·      Birkdale Kauri Kids teachers

·      Auckland Council’s Connected Communities (previously Community Places).

15.     Using the provision information, the architect developed a design report exploring the feasibility of the two options, provided as Attachment A of the agenda report. The two options are currently high level and aimed at assessing the merits of option one and two before progressing to a concept design. Layout and dimensions could change through the concept design process.

16.     A quantity surveyor produced a high-level construction estimate for both options in November 2020, as presented in Attachment A of the agenda report. The cost estimates include a percentage estimate for professional services and contingency and are summarised in Table 1 below.

Table 1: cost estimates for option 1 and 2

 

Option 1: rebuild as one building

Option 2: rebuild as two buildings

Construction

$2,217,000

$2,324,000

Professional services (15%)

$321,508

$336,972

Contingency (10%)

$254,000

$266,000

Total

$2,792,508

$2,926,972

 

17.     The cost estimates are for the purposes of comparing two options and giving an early indication of budget required. They will need further refinement as the design develops and will be presented to the board for approval of the project budget as part of the developed design approval.

18.     A multi-criteria analysis (MCA) was undertaken to assess which is the most suitable long-term option for these two facilities and is provided as Attachment B of the agenda report. The MCA assesses each option against a number of outcome criteria, derived from stakeholder opinions and feedback, the Kaipātiki Local Board Plan (2020) and the Auckland Plan (2050). These include:

·      recreation and open space amenity of the site

·      operations and maintenance

·      flexibility and adaptability of the spaces

·      social and community aspects

·      capital investment and risk

·      security

·      environment and climate impact.

19.     Based on the MCA option 1, to rebuild both facilities as one multi-purpose building is the preferred option, with the key reasons identified as:

·      to maximise the outdoor/greenspace

·      the capital costs, which are likely to be higher than those estimated for option 2 (refer to Attachment A of the agenda report), due to the professional services having to be replicated for each building

·      the operation and maintenance costs for one building will be less

·      the current issues identified for one building, such as noise, should be able to be addressed in the design.

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

20.     The concept design will seek to reduce construction and demolition waste as much as possible through re-use of materials on site or from existing buildings. This will contribute towards reducing the project’s carbon emissions.

21.     Sustainability outcomes that align with the Green Star building accreditation will be included within the design, as far as practical within the project budget. This will assist Auckland Council’s achievement of the sustainable asset standards. Green Star accreditation is not currently proposed as part of this rebuild.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

22.     Auckland Council’s Connected Communities team and Active Recreation team have both been involved in identifying the provision requirements for the community hall. They support the development and will continue to be involved throughout the project.

23.     Active Recreation Services have concerns about the potential noise impacts from the community hall that might result from option 1. These can be taken into account in the building design to minimise these impacts, for example by layout changes and sound proofing. These can also be resolved by coordinating programming between the two facilities so that particularly noisy activities do not align with quiet times at the Kauri Kids.

24.     Community Facilities facility managers have also provided feedback on the operational costs of both options, supporting option 1. 

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

Local impacts and local board views

25.     The local board chair attended a stakeholder meeting to discuss the two options on 8 April 2021.

26.     The concept options were discussed with the local board at workshops on 3 February 2021 and 23 June 2021. At the second meeting the local board provided support, in principle, for option 1.

27.     The project aligns with two outcomes within the Kaipātiki Local Board Plan 2020, including:  

Table 2: Kaipātiki Local Board Plan 2020 outcomes and objectives

Outcome

Description 

One: Te whai wāhitanga

me te oranga |

Belonging and wellbeing 

Our people are involved in the community, socially connected to one another, and supported to be active, creative, resilient and healthy.

Three: Ngā wāhi me ngā

takiwā | Places and spaces

Our built environment is high quality, vibrant, well-maintained, reflects the culture and heritage of Kaipātiki, and meets our people’s needs.

 

Tauākī whakaaweawe Māori

Māori impact statement

28.     An email was sent to all mana whenua with an interest in the Kaipātiki Local Board area on 6 March 2020 to canvas interest in being involved in the project. No responses were received to signal an interest in the project at the time of authoring this report.

29.     Further engagement can occur during the concept design to identify whether mana whenua wish to become involved and contribute to the design.

30.     Through the public consultation process, Māori in the community will be given an opportunity to contribute to the design elements of the new build.

31.     The Te Aranga Design principles will be used when undertaking the concept design.  

32.     The new facilities will benefit Māori in the community by providing a place for gatherings and Māori cultural activities.

Ngā ritenga ā-pūtea

Financial implications

33.     The 2022 to 2024 Kaipātiki Local Board Community Facilities work programme currently has asset-based services (ABS) capital budget allocated as two separate projects:

·    Birkdale Community Hall - rebuild facility; total budget of $1,580,075

·    Birkdale Kauri Kids - renew community facility; total budget $1,595,085

34.     The total estimated cost to deliver option 1 is $2,792,508 (not including costs to date). Therefore, the combined total of $3,175,160 is currently sufficient to progress with option 1.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

35.     Cost estimates are based on current market rates. There is a risk that these costs could change as the project progresses, due to product availability and supply. The final budget estimate will be presented for approval by the local board at the same time as the developed design approval. At this stage the board will be able to reassess if the cost of the project is still feasible within their work programme.

36.     Time frames currently project option 1 to be completed by the end of financial year 2024/2025. The project could take longer if issues are encountered during the design, consent and tendering phase. If this occurs the local board and stakeholders will be kept updated.

Ngā koringa ā-muri

Next steps

37.     Public consultation will be undertaken to seek input into the new building’s design, so that it reflects the identity of the Birkdale community.

38.     Work with stakeholders to develop the concept design will commence once the outcome of the local board’s decision is known.

39.     The developed concept design will be discussed with the local board at a workshop prior to seeking formal approval.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

18 August 2021 - Kaipātiki Local Board Business Meeting - Birkdale Community Hall and Kauri Kids Design Report

19

b

18 August 2021 - Kaipātiki Local Board Business Meeting - Multi-Criteria Analysis

25

     

Ngā kaihaina

Signatories

Authors

Kaitlyn White – Senior Project Manager

Authorisers

Taryn Crewe - Acting General Manager Community Facilities

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

Local Board Annual Report 2020/2021

File No.: CP2021/11280

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek local board adoption of the 2020/2021 Annual Report for the Kaipātiki Local Board, prior to it being adopted by the Governing Body on 27 September 2021.

Whakarāpopototanga matua

Executive summary

2.       The Auckland Council Annual Report 2020/2021 is being prepared and needs to be adopted by the Governing Body by 27 September 2021. As part of the overall report package, individual reports for each local board are prepared.

3.       Auckland Council currently has a series of bonds quoted on the New Zealand Stock Exchange (NZX) Debt Market maintained by NZX Limited. As council is subject to obligations under the NZX Main Board and Debt Market Listing Rules and the Financial Markets Conduct Act 2013 (FMCA), local boards may not release annual financial results in any form. Therefore, the attached annual report is being presented as confidential.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      adopt the draft 2020/2021 Kaipātiki Local Board Annual Report as set out in Attachment A to the agenda report.

b)      note that any proposed changes after the adoption will be clearly communicated and agreed with the chairperson before the report is submitted for adoption by the Governing Body on 27 September 2021.

c)      note that the draft 2020/2021 Kaipātiki Local Board Annual Report, as set out in Attachment A to the agenda report, will remain confidential until after the Auckland Council group results for 2020/2021 are released to the New Zealand Stock Exchange which are expected to be made public by 28 September 2021.

Horopaki

Context

4.       In accordance with the Local Government (Auckland Council) Act 2009 and the Local Government Act 2002, each local board is required to monitor and report on the implementation of its Local Board Agreement. This includes reporting on the performance measures for local activities and the overall funding impact statement for the local board.

5.       In addition to the compliance purpose, local board annual reports are an opportunity to tell the wider performance story with a strong local flavour, including how the local board is working towards the outcomes of their local board plan.

Tātaritanga me ngā tohutohu

Analysis and advice

6.       The annual report contains the following sections:

 

Section

Description

Mihi

The mihi is an introduction specific to each local board area and is presented in Te Reo Māori and English.

About this report

An overview of what is covered in this document.

Message from the chairperson

An overall message introducing the report, highlighting achievements and challenges, including both financial and non-financial performance.

Local board members

A group photo of the local board members.

Our area

A visual layout of the local board area summarising key demographic information and showing key projects and facilities in the area.

Performance report

Provides performance measure results for each activity, providing explanations where targeted service levels have not been achieved. Includes the activity highlights and challenges.

Local flavour

A profile of either an outstanding resident, grant, project or facility that benefits the local community.

Funding impact statement

Financial performance results compared to long-term plan and annual plan budgets, together with explanations about variances.

Tauākī whakaaweawe āhuarangi

Climate impact statement

7.       The council’s climate change disclosures are covered in volume four of the annual report and sections within the summary annual report.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

8.       Council departments and council-controlled organisations comments and views have been considered and included in the annual report in relation to activities they are responsible for delivering on behalf of local boards.

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

Local impacts and local board views

9.       Local board feedback will be included where possible. Any changes to the content of the final annual report will be discussed with the chairperson.

Tauākī whakaaweawe Māori

Māori impact statement

10.     The annual report provides information on how Auckland Council has progressed its agreed priorities in the Long-term Plan 2018-2028 over the past 12 months. This includes engagement with Māori, as well as projects that benefit various population groups, including Māori.

Ngā ritenga ā-pūtea

Financial implications

11.     The annual report reports on both the financial and service performance in each local board area.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

12.     The annual report is a legislatively required document. It is audited by Audit New Zealand who assess if the report represents information fairly and consistently, and that the financial statements comply with accounting standard PBE FRS-43: Summary Financial Statements. Failure to demonstrate this could result in a qualified audit opinion.

13.     The annual report is a key communication to residents. It is important to tell a clear and balanced performance story, in plain English and in a form that is accessible, to ensure that council meets its obligations to be open with the public it serves.

Ngā koringa ā-muri

Next steps

14.     The next steps for the draft 2020/2021 Annual Report for the local board are:

·      Audit NZ review during July and August 2021

·      report to the Governing Body for adoption on 27 September 2021

·      release to stock exchanges and publication online on 28 September 2021

·      physical copies provided to local board offices, council service centres and libraries by the end of October 2021.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

18 August 2021 - Kaipātiki Local Board business meeting - Kaipātiki
Local Board Annual Report 2020/2021 - Confidential

 

     

Ngā kaihaina

Signatories

Authors

Hao Chen - Senior Finance and Performance Advisor

Authorisers

Mark Purdie – Manager - Local Board Financial Advisors

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021

File No.: CP2021/11608

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Kaipātiki Local Board with an integrated performance report for March to June 2021, and the overall performance for the financial year against the approved 2020/2021 local board work programmes.

Whakarāpopototanga matua

Executive summary

2.       This report provides an integrated view of performance for the Kaipātiki Local Board and includes financial performance and delivery against work programmes for the 2020/2021 financial year.

3.       73 activities within the agreed work programmes were delivered including multi-year projects that have progressed as expected. 10 activities were undelivered, cancelled, put on hold or deferred and 17 multi-year projects/activities have not progressed as expected during 2020/2021.

4.       Key activity achievements from the 2020/2021 work programme include:

·    completing the construction of the skate park at Marlborough Park

·    completing the renewal of the playground and furniture at Lynn Reserve

·    completing site visits as part of the Industrial Pollution Prevention Programme

·    delivering a Movies in Parks event at Birkenhead War Memorial Park

·    completing the roof replacement works at Beach Haven Sports Centre

·    completing the playspace renewal at Camelot Reserve

·    installing shade sails over the Monarch Park playspace

·    renewal of sports fields two and three at Onewa Domain

·    completing the renewal of the basketball courts and drinking fountain at Normanton Reserve.

5.       Key activities not delivered / not progressed as expected include:

·    KT: Local Parks Ecological volunteers and environmental programme FY21 - COVID-19 impacts have delayed projects, so $35,000 has been identified to be carried forward into 2021/2022.

·    Onepoto Domain – renew pathway – The timeframe for the consent has been extended due to the complexity of the application.

·    Elliott Avenue Reserve – renew park assets - Completion of the project has been delayed by approximately 6 weeks and is now scheduled for mid-August 2021.

·    Kaipātiki Project at Lauderdale Rd, Birkdale – renew/rebuild facility - Industry wide supply chain delays and long lead times on timber supply has delayed the start date. Deconstruction and subsequently start of earthworks now scheduled for early July. Project completion will be delayed until mid-2022.

·    Glenfield Pool and Leisure Centre – structural assessment and works on hydroslide and dive platform - Hydroslide flume design services procurement has been delayed due to design finalisation. A budget change request will be submitted if additional funding is required.

·    Kaipātiki – develop Food Forest network - The schedule was delayed by 3 months, but the community group has now been established and the plants will be in the ground by the end of the planting season, so the project can still be delivered and will not need to be delayed another year.

6.       Qualifying budgets of unfinished activities will be carried forward into 2021/2022 work programmes.

7.       The financial performance report is attached but is excluded from the public. This is due to restrictions on releasing annual financial reports and results until the Auckland Council group results are released to the NZX on or about 30 September 2021.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the Auckland Council’s performance report: Kaipātiki Local Board for March to June 2021.

b)      note the financial performance report in Attachment B of the report will remain confidential until after the Auckland Council Group results for 2020/2021 are released to the New Zealand’s Exchange (NZX) which are expected to be made public on or about 30 September 2021.

Horopaki

Context

8.       The Emergency Budget was adopted on 30 July 2020. The Kaipātiki Local Board approved 2020/2021 work programmes for the following operating departments at their August 2020 business meeting:

·        Arts, Community and Events;

·        Parks, Sport and Recreation;

·        Libraries and Information;

·        Community Services: Service, Strategy and Integration;

·        Community Facilities: Build Maintain Renew;

·        Community Leases;

·        Infrastructure and Environmental Services;

·        Plans and Places;

·        Auckland Tourism, Events and Economic Delivery (ATEED).

9.       As the work programmes were adopted two months later than normal due to effects of COVID-19, there has been a reduced timeframe to deliver these work programmes (10 months).

10.     Since the work programmes were approved the Customer and Communities Services directorate has been restructured. Two new departments were created - Connected Communities and Regional Service Planning, Investment and Partnerships, and the Southern Initiative and Western Initiative moved into the directorate as a new department - Community and Social Innovation. Units from the previous departments Arts, Community and Events; Libraries and Information; and Service, Strategy and Integration were incorporated into the three new departments. The table below shows the relevant changes:

Table 1: Changes to Departments in Customer and Communities Services directorate

Previous Department - Unit

Current Department - Unit

Arts, Community and Events - Community Places

Connected Communities – Community Places

Arts, Community and Events - Community Empowerment

Connected Communities – Community Empowerment

Arts, Community and Events - Community Empowerment (Youth)

Community and Social Innovation – Youth Empowerment

Arts, Community and Events - Arts & Culture

Regional Service Planning, Investment and Partnerships – Arts & Culture

Arts, Community and Events - Events

Regional Service Planning, Investment and Partnerships – Events

Service, Strategy and Integration

Regional Service Planning, Investment and Partnerships – Service and Asset Planning

Libraries

Connected Communities – Libraries

The Southern Initiative

Community and Social Innovation – The Southern Initiative

The Western Initiative

Community and Social Innovation – The Western Initiative

 

11.     The graph below shows how the work programme activities meet Local Board Plan outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph:

Graph 1: Work programme activities by outcome

Tātaritanga me ngā tohutohu

Analysis and advice

12.     The graph below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that have been delivered as expected or multi-year activities which have progressed as planned (green), activities that are in progress but with issues that are being managed (amber), and activities that are undelivered or have significant issues (red) and activities that have been cancelled/deferred/merged (grey).

 

 

Graph 2: Work Programme by RAG status

13.     The graph below shows the activity status of activities which shows the stage of the activity in each departments work programme. The number of activity lines differ by department as approved in the local board work programmes. 

Graph 3: Work programme activity by activity status and department

Key activity achievements from the 2020/2021 work programme

14.     The key achievements in the delivery of the local board work programmes for 2020/2021 include:

Table 2: Key activity achievements from the 2020/2021 work programme

Activity name

RAG status

Activity status

Key activity achievements

Increase diverse participation: Kaipātiki Community Facilities Trust community development grant

Green

Completed

Kaipātiki Community Facilities Trust (KCFT) submitted its quarterly report in May 2021. The work delivered to date includes: 20/21 work planning is underway including informed community surveys; A farewell to Kaiwhakahaere, Michelle Whiu, and discussions with local Māori on the advertising of this role; Muslim Connector organised a series of workshops; Kids Clothes Swap; 187 Street to Neighbourhood barbecues to date; 10 Street Play activations were held with good local attendance; Weave Wānanga continues till September; Four network meetings; Work continues with Eke Panuku in Northcote town centre; Summer/Winter Fun programme being offered 6-7 days a week; Movies in Parks were cancelled but there may be some within the Northcote Hub through winter months; School Holiday Programme being held in July.

Top up of funding for Birkdale, Beach Haven, Highbury Community Houses and Hearts and Minds

Green

Completed

Additional funds were added to contract payments and were paid during the last period. The top-up funding these community houses have received has mitigated some of the impact from COVID-19 on their business. The funding has gone towards maintaining their staff and towards activating their houses

Movies in Parks Kaipātiki

Green

Completed

“Trolls World Tour" was screened on 26 February at Harvey Wright Sports Field, Birkenhead to approximately 1,000 people. The Kaipatiki Community Facilities Trust and Pest Free Kaipatiki played an active role on the day organising the pre-entertainment activities.

Debrief report was presented to the local board on 2 June 2021.

Hilders Park – remedial works to wharf structure

Green

In Progress

Current status: Currently in construction, ongoing monitoring of physical works.

Next steps: Confirm once complete, issue practical completion and open to public.

Onewa Domain – renew sports fields two and three

Green  

Completed

Project completed April 2021

Beach Haven Sports Centre - comprehensive renewal

Green

In Progress

Current status: All work is now complete except for the replacement of the electrical distribution board which is planned for mid-July 2021.

Next steps: Complete the project.

Jean Sampson Reserve – upgrade toddler park

Green

In Progress

Current status: The majority of construction works are completed with remaining works (painting the fence, planting and forming of the natural play space) underway.

Next steps: Complete remaining works in July 2021 and open playground to the public.

Normanton Reserve – renew basketball courts, path drainage and drinking fountain

Green

Completed

Project completed March 2021

Marlborough Park – renew skate park

Green

Completed

Current status: The skatepark was opened to the public in September 2020. Additional drainage and planting were completed May 2021. Further drainage works underneath the viewing platform will be undertaken if required.

Next steps: Monitor drainage issues and schedule works if required.

Lynn Reserve – renew playground and furniture

Green

Completed

Project completed January 2021

Beach Haven Sports Centre – comprehensive renewal

Green

In progress

Current status: All work is now complete except for the replacement of the electrical distribution board which is planned for mid-July 2021.

Next steps: Complete the project.

Camelot Reserve – renewal of Kaipātiki play and sunsmart priorities

Green

Completed

Project completed January 2021

Local Board Sunsmart priorities for Playspaces

Green

Completed

The shade installation at Monarch Reserve has been completed.

Current status: Evaluating quotes for Onepoto Domain junior play area.

Next steps: Award contract and start physical works.

Kaipātiki Project

Green

Completed

Kaipātiki Project have held 47 restoration group events in the Kaipātiki Local Board area contributing 1,993 restoration volunteer hours. The Birkdale nursery, garden and hub had 1,275 visits and volunteers contributed 3822 hours of time. Thirty-three EcoFest activities were held in the Kaipātiki Local Board area. Sixty-nine education workshops and courses were held with 1,210 participants. A full report will be sent to the local board in quarter one detailing updates on the streamcare programme, Eskdale Reserve network restoration, nursery and teaching garden, EcoFest, Education for Sustainability, Zero Waste/Pare Kore Northcote, the 17 Lauderdale EnviroHub renewal and business planning.

Pest Free Kaipātiki Strategy Implementation

Green

Completed

Pest Free Kaipātiki support 58 groups with ecological restoration. Currently 37 reserves have groups with active predator control and 36 reserves with weed control. Six reserves have established halo programmes that continue to build community capacity and capability. Over 1,360 rat traps and bait stations and 95 possum traps have been provided to the community. A newly appointed ecological restoration educator will work with schools on kauri dieback protection and ecological restoration. The pest plant campaign and hit squads continue and a second plant identification workshop was held in collaboration with Kaipatiki Project. The annual citizen science campaign has begun which includes the chew card monitoring throughout Kaipātiki. Pest Free Kaipātiki are also delivering some natural environment targeted rate work in Kaipātiki, including the completion of 1,645 property pest plant surveys. From a follow up survey of 188 properties, 60 per cent had begun pest plant control. Additional project reports will be sent to the local board in quarter one.

Industrial Pollution Prevention Programme Wairau Valley and Glenfield – Phase Three

Green

Completed

This project was completed in February 2021, and results were presented to the board at a workshop on 3 February 2021. Over the 2020/2021 financial year, 110 visits were completed within the Wairau catchment. Out of these businesses, 33 businesses received reports with recommendations suggesting on-site improvements that could be made. The number of site visits were fully met in Wairau so Glenfield was not reached in the 2020/2021 financial year. This programme will continue in 2021/2022 with funding from both the Devonport-Takapuna and Kaipātiki Local Boards, as the Wairau catchment runs through both local board areas. Site visits will expand into Glenfield and Birkenhead.

Overview of work programme performance

Arts, Community and Events work programme

15.     In the Arts, Community and Events work programme, there are 17 activities that were completed by the end of the year or will be by end of July 2021 (green), and one activity that was cancelled and deferred in the March to June 2021 period (grey). The one activity that was deferred was ID2188 Carry Forward: Public fireworks event, due to COVID-19, and the allocated funding will be carried forward to FY21/22.

Parks, Sport and Recreation work programme

16.     In the Parks, Sport and Recreation work programme, there are eight activities that were completed by the end of the year or will be by end of July 2021 (green), one activity that is in progress but delayed (amber), two activities that are significantly delayed, on hold or not delivered (red) and one activity that has been cancelled in the March to June 2021 period (grey). Activities with significant impact are discussed below:

Table 3: Parks, Sport and Recreation activities with significant impact

Activity name

RAG status

Activity status

Explanation and mitigation

KT: Local Parks Ecological volunteers and environmental programme FY21

Red

In progress

A total of $100,000 has been allocated to this work programme line which meets the 2017 Kaipātiki Local Board Plan objective: Our communities are environmentally aware and work together to live sustainably. However, COVID-19 impacts have delayed projects, so $35,000 is signalled as a carry forward into 2021/2022. During the March - June period 3,306 volunteer hours were invested delivering 2,822 plants in council reserves. Ongoing volunteer restoration work, including weed and animal pest control and rubbish clean-ups continued at key sites. Two plantings were in collaboration with Forest & Bird and six with Pest Free Kaipatiki. New reserves with volunteer commitment are Brassey Reserve and John Kay Reserve where 20 larger specimen trees were planted to assist with neighbour screening after large pest trees were removed. Friends of Shepherds Park had three working bees planting 500 plants and 17 volunteers. A tool storage location site has been identified to be supplied by the Park Ranger at the Community Hub.

Carry Forward KT: Te Kete Rukuruku (Māori naming of parks and places) tranche one

Red

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board plan objective: Our heritage is protected and celebrated. Four names have been confirmed for adoption and another 10 sites that can be named identified as part of tranche one. Report to formalise this decision will be submitted to a business meeting in Q1 2021/2022. There is a budget underspend which is signalled as a carry forward to complete tranche one in 2021/2022.

Carry Forward KT: Urban Forest (Ngahere) Knowing FY20

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our natural environment is protected for future generations to enjoy. Four names have been confirmed for adoption and another 10 sites that can be named identified as part of tranche one. Report to formalise this decision will be submitted to a business meeting in Q1 2021/2022. There is a budget underspend which is signalled as a carry forward to complete tranche one in 2021/2022.

 

Libraries work programme

17.     In the Libraries work programme, there are nine activities that were completed by the end of the year or will be by end of July 2021 (green), and one activity that has been cancelled and deferred in the March to June 2021 period (grey). The one activity that was deferred was ID2030 Taonga tuku iho – Legacy – we preserve our past, ensure our future. (Heritage) – Kaipātiki Digitisation of Chelsea Archives, but will be completed in the first quarter of 2021/2022 with the allocated funding carried forward.

Service Strategy and Integration work programme

18.     In the Service Strategy and Integration work programme, there is one activity that was completed by the end of the year or will be by end of July 2021 (green), and one activity that is in progress but delayed (amber). The one activity that has experienced delay was ID1651 Carry Forward: Kaipātiki Local Parks Management Plan, due to work prioritisation across the local parks management plans programme. The final classification report is currently being drafted and planned for completion in the first quarter of 2021/2022, with notification delayed to the second quarter.

Community Facilities: Build Maintain Renew work programme

19.     In the Community Facilities: Build Maintain Renew work programme, there are 19 activities that were completed by the end of the year or will be by end of July 2021 (green), 11 activities that are in progress but are delayed (amber), two activities that are significantly delayed, on hold or not delivered (red) and six activities that have been cancelled and deferred in the March to June 2021 period (grey). Activities with significant impact are discussed below:

Table 4: Community Facilities activities with significant impact

Activity name

RAG status

Activity status

Explanation and mitigation

Hinemoa Park – repair failed pontoon

Red

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our natural environment is protected for future generations to enjoy.

Current status: Local iwi have been contacted for feedback on the preferred option, awaiting all stakeholder feedback before proceeding to the next phase.

Next steps: Confirm local iwi feedback and partner for the remainder of the project to finalise the concept design. Project completion is delayed past quarter 1 of financial year 2021/2022.

Onepoto Domain – renew pathway

Red

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Getting to and around Kaipātiki is easy.

Current status: Request from consenting team has been received for further information; the timeframe for the consent has been extended by the processing planner by 20 working days due to the ‘complexity and number of specialists involved’ in the application.

Next steps: Prepare tender documents; physical works planned for summer 2021/2022.

(OLI) Birkenhead War Memorial Park – deliver master plan One Local Initiative

Amber

Approved

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: The Service and Asset Planning team provided an update to the local board at a workshop in April 2021. Options for the provision of toilet and changing facilities within the area of the former grandstand were discussed.

Next steps: One Local Initiative funding for the design and construction of the multi-use facility in future years is uncertain. Renewal of the existing facilities within available budgets is being investigated as an alternative solution. A report was presented to the local board in July 2021.

Elliott Avenue Reserve – renew park assets

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: Physical works resumed in June and are now fully underway. The contractor hit an underground electrical cable while drilling piles for new play equipment (14 April 2021). This incident delayed the completion of the project by 6 weeks. Completion is now scheduled for mid-August 2021.

Next steps: Complete the physical works.

Kaipātiki Project at Lauderdale Rd, Birkdale – renew/rebuild facility

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: Site establishment for construction started in May. Access route has been constructed. Temporary portacom delivered to site for nursery operation. New Vector connection for new build and temporary power to site being organized.

Next steps: Industry wide supply chain delays and long lead times on timber supply is leading to delayed start date. Deconstruction and subsequently start of earthworks now scheduled for early July. Project completion will be delayed until mid-2022.

Glenfield Pool and Leisure Centre – structural assessment & works on hydro slide & dive platform

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: As part of the minor works on the structural columns, the renewal of base footing was completed, as well as installation of a new section as pillar support and several  additional new fixings. Procurement of services for redesign of hydroslide flume elements has been delayed and is now anticipated to be concluded by the end of September 2021.

Next steps: The hydroslide operation is to be resumed on 3 July 2021 after discussion with centre management. Hydroslide flume design services procurement is now delayed due to delay in design finalization. A budget change request will be submitted if additional funding is required.

Kaipātiki – develop Food Forest network

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our natural environment is protected for future generations to enjoy.

Current status: Procurement of the fruit trees is proceeding now and a contractor has been approached to carry out planting. A site meeting has been scheduled with community group to discuss future management of fruit trees long term.

Next steps: Procure fruit trees and contractor to complete the planting of the trees. Confirm management plan for ongoing maintenance of the fruit trees with community group.

RAG status is amber due to the schedule being delayed by 3 months, but the community group has now been established and the plants will still be in the ground before the end of the planting season, so the project will not need to be delayed another year and can still be delivered.

Beach Haven – renew coastal connections

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: Feedback from local board to be addressed. Discussion with consultants on renewal projects and discussion with local board. Funding for the Beach Haven coastal connections project is insufficient to undertake the full proposed project. The scope of the proposed project has been modified and the pending budget included in the FY22 programme.

Next steps: Report on feedback and next steps for the project anticipated in August 2021.

Naturalisation of park reserves within Kaipātiki

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: Changes are being finalised from the workshop engagement. Formal approval will be sought at the September meeting. Amber status is due to schedule delay as the original schedule did not account for concept changes and formal board endorsement.

Next steps: Deliver minor work to the existing ‘enchanted forest’ area and pursue consents and detailed design for the balance of the design.

Birkenhead Pool and Leisure Centre – renew pool plant

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: 65% of physical works completed. Grundfos pumps were delayed in transit and confirmed delivery 12 December 2021 for the main pool.

Next steps: Installation of 2 Grundfos pumps in the main pool plant room. Process completion for the heating pumps and manage defects period.

Birkenhead Pool and Leisure Centre – renew timber retaining wall

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: Further investigation work required which resulted in a variation to include an updated Geotech report. The updated Geotech report provided findings that resulted in a change to scope, causing delays.

Next steps: Part of physical works to be completed in quarter 1 of financial year 2021/2021 - a change to materials required from the initial recommendation in order to ensure correct drainage and strengthened retaining wall in problem areas identified as part of the updated Geotech report. Work is also weather dependent.

Island Bay swimming pontoon renewal

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: Findings from the investigation have been discussed with the Coastal subject matter expert and Council’s parks representative, and contact made with the Harbourmaster. Project is awaiting a finalised needs assessment.

Next steps: Obtain and review feedback from mooring holders on proposal to replace the pontoon with stairs, prior to presenting the findings to the local board to determine the direction of the project.

Ayton Reserve – renew boardwalk

Amber

In progress

This work programme line aligns with the 2017 Kaipātiki Local Board Plan outcome: Our community facilities and assets are high quality and well managed.

Current status: The project start was delayed due to long lead time on materials. Physical works is scheduled to commence mid-July 2021 only.

Next steps: Complete the project, scheduled for early August 2021.

 

Community Leases work programme

20.     In the Community Leases work programme, there are 13 activities that were completed by the end of the year or will be by end of July 2021 (green), and one activity that has been cancelled and deferred in the March to June 2021 period (grey). The one activity that was deferred was ID322 Little Shoal Bay – Little Shoal Bay Boatyard Incorporated, as it is currently in abeyance awaiting public consultation from the Kaipātiki Local Parks Management Plan (ID1651) process.

Infrastructure and Environment Services work programme

21.     In the Infrastructure and Environment Services work programme, there are five activities that were completed by the end of the year or will be by end of July 2021 (green).

 

 

Plans and Places work programme

22.     In the Plans and Places work programme, there is one activity that will be completed by end of July 2021 (green).

Auckland Unlimited work programme

23.     In the Auckland Unlimited work programme, there is one activity that was completed by the end of the year (green).

Deferred activities

24.     The Lead Financial Advisor has identified projects from the local board’s 2020/2021 Locally Driven Initiatives (LDI) Grey operational budget which meet the criteria to be carried forward. These will be added to the work programme to be delivered in 2021/2022.

25.     The following activities were deferred from the 2020/2021 work programme in the March-June 2021 period without meeting the criteria for the budget to be carried forward:

Table 5: Deferred activities without operational budgets being carried forward

Activity name

RAG status

Activity status

Explanation and mitigation

Halls Beach – renew toilet roof

Grey

Deferred

Activity has been deferred pending future budget allocation – will be deleted after reporting in the next period (Jul-Oct 2022).

Linley Reserve – renew and enhance playspace

Grey

Deferred

Project is deferred till FY24

Birkenhead War Memorial Park – shared path

Grey

Deferred

Current status: Project is on hold.

Next steps: If funding is provided from Auckland Transports Capital Funding Agreement, commence in FY22.

Little Shoal Bay – Little Shoal Bay Boatyard Incorporated

Grey

Deferred

A decision on a future licence to Little Shoal Bay Boat Yard is in abeyance whilst council are undertaking public consultation on the Kaipātiki open space management plan. Leasing will present at a workshop once this public consultation is complete and any resulting submissions are heard.

Cancelled activities

26.     The following activities were cancelled from the 2020/2021 work programme in the March-June 2021 period:

Table 6: Cancelled activities

Activity name

RAG status

Activity status

Explanation and mitigation

Local board playspace enhancements

Grey

Cancelled

Current status: The project reviewed opportunities to improve play spaces in the Kaipatiki Local Board area and identified Nell Fisher as the most suitable playground. A new project (ID3651 Nell Fisher Reserve – renew and enhance the playspace) was generated to further progress the improvement of the Nell Fisher play space.

Next steps: The project is cancelled, no further steps scheduled.

Tui Park, Beachaven – install fencing and stabilise

Grey

Cancelled

Current status: The site where the slip occurred is isolated from the walking track and has settled over time. Therefore planting to fill in the informal track worn in has been undertaken as part of project ID3067 Manuka Reserve, Bayview - remediate landslide, and this project is no longer required. Project cancelled. Plants will be maintained until they are established.

Rangatira Reserve – upgrade tracks to Kauri standards

Grey

Cancelled

The work required has been included under another project for FY2022/2023, Kaipātiki Kauri Dieback Local Parks Project.

KT: Te Kete Rukuruku tranche two

Grey

Cancelled

Cancelled and budget returned to local board in December 2020.

Activities merged other activities for delivery

27.     The following activity was merged with another activity for delivery from the 2020/2021 work programme in the March-June 2021 period:

Table 7: Merged activities

Activity name

RAG status

Activity status

Explanation and mitigation

Carry Forward: Build governance capacity for trustees and board members of community groups (KT)

Grey

Merged

Merged with ID739 Governance capacity building for community organisations, for the Nov-Feb update

Activities with changes

28.     Changes in budget were made to the following activities from the 2020/2021 work programme in the March-June 2021 period:

Table 8: Activities with budget variations

Activity name

Budget variation FY2020/2021

Explanation

ActivZone – replace main hall ceiling panels and investigate ventilation

Renewal budget increase of $38,652

Approved 2020/2021 budget $61,905

Revised 2020/2021 budget $100,557

The estimate to complete the physical work is more than the allocated budget. The budget increase is required to deliver the project.

Normanton Reserve – renew basketball courts, path drainage and drinking fountain

Renewal budget increase of $88,845

Approved 2020/2021 budget $202,337

Revised 2020/2021 budget $291,182

Additional funding is required to enable the second phase of the project to be delivered within this construction season.

Beach Haven Sports Centre – comprehensive renewal

Renewal budget increase of $55,670

Approved 2020/2021 budget $65,000

Revised 2020/2021 budget $120,670

Additional budget is required for this financial year to replace the entire roof and dormer roof walls. Initial estimate was not sufficient. Budget shortfall for this financial year is $55,670.

Hinemoa Park Dinghy Ramp renewal

Renewal budget increase of $34,703

Approved 2020/2021 budget $66,017

Revised 2020/2021 budget $100,720

Significant additional rot on the Hinemoa ramp structure and cracking of decking planks means that the renewal requires more work and budget than anticipated.

Onepoto Domain – renew pathway

Renewal budget reduction of $140,188

Approved 2020/2021 budget $158,456

Revised 2020/2021 budget $18,268

The project has been delayed as the design and tender process were not ready in time for physical works to start this summer. There is adequate budget available in future years to progress the project. Some of the allocated budget for FY2020/2021 is available for reallocation.

Kaipātiki Project at Lauderdale Road, Birkdale – renew/rebuild facility

Renewal budget reduction of $127,581

Approved 2020/2021 budget $654,191

Revised 2020/2021 budget $526,610

The project cost is less than the approved renewals funding allocation in the 2020/2021 financial year. The physical works tender is currently in progress. A total of $127,581 is available or reallocation to another project with shortfall in FY21.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29.     Receiving performance monitoring reports will not result in any identifiable changes to greenhouse gas emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30.     When developing the work programmes council group impacts and views are presented to the boards. As this is an information only report there are no further impacts identified.

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

Local impacts and local board views

31.     This report informs the Kaipātiki Local Board of the performance for the March to June 2021 period and the performance for the 2020/2021 financial year.

Tauākī whakaaweawe Māori

Māori impact statement

32.     A number of the activities in the local board work programmes impact Māori. Updates on the activities that have a direct Māori outcome focus are below:

Table 9: Activities with a direct Māori outcome focus

Activity name

RAG status

Activity status

March 2021 – June 2021 update

Manaakitanga Kaipātiki

Green

In Progress

Ngati Whatua Ōrākei Whai Maia is halfway through delivery of the 15-week Takina te reo Māori me te ona tikanga programme. Sessions are delivered at the Kaipātiki Local Board office for 15 participants, including local board members. Local board members and staff report a greater understanding of Te Ao Māori, and easier integrations of Māori words in day-to-day conversations. Kaipātiki Project has completed its action plan for 2021: -discussions with mana whenua and mataawaka on establishing a mara kai. -group hui – design/feedback workshop to clarify scope and priorities for the project. The finalised action plan was shared with the Strategic Broker, and a presentation on the programme is due to be workshopped with the Kaipātiki Local Board in October 2021

Whakatipu i te reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori - Kaipātiki

Green

Completed

We are working on a trial Te Reo Māori Storytime during the July School Holidays. Finding people confident to korero Te Reo Māori and who are also comfortable delivering programmes for children continues to be a challenge we are determined to rise to. We’re incorporating more and more Māori rhymes and stories in Children’s programmes which has been received very positively by the community.

CARRY FORWARD KT: Te Kete Rukuruku (Māori naming of parks and places) tranche one

Red

In Progress

Four names have been confirmed for adoption and another 10 sites that can be named as part of tranche one. Report to formalise this decision will be submitted to a business meeting in Q1 2021/2022. There is a budget underspend which is signalled as a carry forward to complete tranche one in 2021/2022.

KT: Te Kete Rukuruku tranche two

Grey

Cancelled

Cancelled and budget returned to local board in December 2020.

Ngā ritenga ā-pūtea

Financial implications

33.     This report is provided to enable the Kaipātiki Local Board to monitor the organisation’s progress and performance in delivering the 2020/2021 work programmes. There are no financial implications associated with this report.

Financial performance

34.     Auckland Council (Council) currently has a number of bonds quoted on the NZ Stock Exchange (NZX). As a result, the Council is subject to obligations under the NZX Main Board & Debt Market Listing Rules and the Financial Markets Conduct Act 2013 sections 97 and 461H. These obligations restrict the release of annual financial reports and results until the Auckland Council Group results are released to the NZX – on or about 30 September 2021. Due to these obligations the financial performance attached to this report is excluded from the public. 

35.     Due to these obligations the financial performance attached to the performance report is under confidential cover.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

36.     Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Overview of work programme performance by department’ section.

Ngā koringa ā-muri

Next steps

37.     Work programmes for 2021/2022 were approved at the board’s business meeting in June 2020.

38.     Deferral of budgets of unfinished activities will be added into 2021/2022 work programmes by quarter one reporting.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Kaipatiki Work Programme 2020/2021 Mar-Jun 2021 Report - Confidential

 

b

KLB Performance Report Mar-Jun 2021 - Financial Appendix - Confidential

 

     

Ngā kaihaina

Signatories

Authors

Daniel Han - Local Board Advisor

Authorisers

Louise Mason - GM Local Board Services

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

Proposal to make a new Freedom Camping in Vehicles Bylaw

File No.: CP2021/11599

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek support for the draft proposal to make a new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Noho Puni Wātea ā-Waka 2022 / Auckland Council Freedom Camping in Vehicles Bylaw 2022, before it is finalised for public consultation.

Whakarāpopototanga matua

Executive summary

2.       Staff have prepared a draft proposal for a new Freedom Camping in Vehicles Bylaw to enable local boards to provide their views before it is finalised for public consultation.

3.       The draft proposal is to make a new bylaw under the Freedom Camping Act 2011. This bylaw would replace the current legacy bylaw, which expires in 2022 and contains provisions developed before the Freedom Camping Act 2011 was passed.

4.       The Freedom Camping Act 2011 allows freedom camping on all public land unless it is already prohibited under another enactment. The Act enables councils to make a bylaw to prohibit or restrict freedom camping in areas that meet statutory criteria for protection.

5.       This draft proposal replaces an earlier proposal developed in 2018 which was set aside by the Governing Body in 2019. Following decisions by the Governing Body in March and May 2021, the key changes compared with the 2018 proposal are that the new draft proposal:

·     excludes land held under the Reserves Act 1977 from scope (council would maintain the current default prohibition on camping on reserves under the Reserves Act 1977)

·     manages freedom camping only on land held under the Local Government Act 2002

·     seeks to prevent freedom camping impacts in sensitive areas, and to protect public health and safety and manage access in all areas, by:

scheduling 44 prohibited areas, where no freedom camping is allowed

scheduling 19 restricted areas, where freedom camping is allowed subject to site-specific restrictions

including general rules to manage freedom camping impacts in all other areas (campers must use certified self-contained vehicles, stay a maximum of two nights, depart by 9am and not return to the same area within two weeks).

6.       The proposed prohibited and restricted areas are those areas which the Bylaw Panel recommended should be prohibited and restricted in 2019, and which are held under the Local Government Act 2002. Areas held under the Reserves Act 1977 have been removed.

7.       The Panel’s recommendations draw on previous area assessments and take into account feedback from local board engagement and public consultation conducted in 2018 and 2019.

8.       The draft proposal does not include any designated prohibited or restricted areas located in the Kaipātiki Local Board area. All unscheduled land held under the Local Government Act 2002, including roads, is proposed to be covered by general rules.

9.       Staff recommend that the local board provide its view on the draft proposal, including the inclusion of general rules in the bylaw and the recommended settings for those rules.

10.     The key risks of the proposal are that:

·     it creates too few areas where freedom camping is allowed; this is partially mitigated by allowing freedom camping on most roads (subject to general rules), and council could decide to designate more restricted areas following consultation

·     the cumulative impact of all prohibitions under the Bylaw and other enactments is viewed as an effective ban; however, staff looked closely at the requirements of the Freedom Camping Act 2011 in developing the proposal and will continue to monitor cumulative impact as bylaw development progresses.

11.     The local board’s views will be provided to the Governing Body in September 2021, with the recommendation that the finalised proposal is adopted for public consultation. Public consultation is scheduled for November 2021, and Bylaw Panel deliberations for early 2022.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      support the draft Statement of Proposal in Attachment A of this agenda report to make a new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Noho Puni Wātea ā-Waka 2022 / Auckland Council Freedom Camping in Vehicles Bylaw 2022 for public consultation.

Horopaki

Context

Freedom camping can have both positive and negative impacts

12.     For the purposes of this Bylaw, freedom camping is when someone stays overnight on council-managed land, including roadsides, in a vehicle or caravan.

13.     Freedom camping specifically refers to people staying in vehicles overnight as part of leisure travel, or because they are choosing to live in a vehicle for lifestyle reasons.

14.     Freedom camping provides a flexible and affordable way for Aucklanders and for domestic and international visitors to experience and enjoy the region. Many freedom campers will visit friends and family, attend events, and support local businesses during their stay.

15.     Freedom camping can however have negative impacts on the local environment and host communities if it is not well-managed. These impacts can be caused by:

16.     Freedom camping has become popularly associated with harmful and antisocial behaviours, but our research shows that most freedom campers visiting Auckland do camp responsibly.

17.     However, the presence of large numbers of campers – even responsible campers – is more likely to cause community concern in Auckland due to pressure on limited public space.

18.     Freedom camper numbers have been growing in Auckland and throughout the country over the last two decades. Once the current border restrictions are lifted overseas visitors are likely to return, and domestic freedom camping may continue to increase in the meantime.

19.     Auckland does not currently have enough places for freedom campers to go. This means there is often overcrowding in the places where it is allowed, or illegal camping in unsuitable areas once legal sites are full. Having more areas would reduce these supply-related issues.

20.     The council can regulate freedom camping to help prevent irresponsible camping and manage responsible freedom camping in a way that minimises its negative impacts.

Council must align its freedom camping regulation with the Freedom Camping Act 2011

21.     The Freedom Camping Act 2011 allows freedom camping on all public land unless it is prohibited under a bylaw or another enactment, such as the Reserves Act 1977.

22.     Auckland’s current Freedom Camping in Vehicles Bylaw 2015 is a consolidation of pre-2010 legacy bylaw provisions developed before the Freedom Camping Act 2011 was passed. A new bylaw must be made that aligns with the national legislation before the current bylaw expires in 2022.

23.     The Freedom Camping Act 2011 is permissive by default but does allow council to make a bylaw to prohibit or restrict freedom camping in areas where certain statutory criteria are met. In particular, council must be satisfied that:

·     each area’s location can be clearly shown on a map and/or described

·     the prohibitions and restrictions in each area are necessary to:

-     protect the area (for example because it is environmentally or culturally sensitive)

-     protect the health and safety of the people who may visit the area

-     protect access to the area (for other users)

·     the cumulative impact of all prohibitions and restrictions (under the bylaw and other enactments) do not constitute an effective ban on freedom camping on council land.

A 2018 proposal to regulate freedom camping was set aside in August 2019

24.     Work to develop a freedom camping bylaw began in 2016. Staff assessed more than 1,000 areas for their suitability for freedom camping and need for protection under the Freedom Camping Act 2011. This process included extensive engagement with local boards.

25.     In late 2018 and early 2019, public feedback and formal local board views were sought on a proposal for a draft Freedom Camping in Vehicles bylaw. A Bylaw Panel deliberated on all feedback and made recommendations to the Governing Body. The Panel recommended scheduling 322 prohibited areas and 103 restricted areas, including a number of reserves.

26.     In August 2019 the Governing Body set aside the recommendations of the Bylaw Panel and instead requested advice on a new direction for bylaw development.

The Governing Body decided to exclude reserves from scope and include general rules

27.     The Governing Body considered staff advice in March 2021[1] and May 2021[2] and directed that a new proposal for a Freedom Camping Act 2011 bylaw be developed that:

·     only manages freedom camping on land held under the Local Government Act 2002, with camping on reserves continuing to be managed by the Reserves Act 1977

·     includes general rules to manage the generalised impacts of freedom camping, and ensure problems are not displaced from regulated to unregulated areas

·     relies on previous assessments (undertaken to develop the 2018 proposal) to identify land held under the Local Government Act 2002 that should be prohibited or further restricted through the bylaw.

28.     Staff have prepared a draft proposal to implement the Governing Body’s decisions (refer to Attachment A of the agenda report). This proposal outlines the reasons and decisions that have led to the content of the proposed new Bylaw.

Potential changes to the Freedom Camping Act 2011 not yet confirmed

29.     In April and May 2021, the Ministry for Business, Innovation and Employment (MBIE) publicly consulted on four proposals for change to the Freedom Camping Act 2011. This included making the use of self-contained vehicles mandatory for all freedom camping.

30.     The Governing Body approved Auckland Council’s submission, which incorporated local board views, in May 2021[3]. MBIE has not yet released any further information, and timeframes for any changes to the Act have not been confirmed.

Tātaritanga me ngā tohutohu

Analysis and advice

A new bylaw is proposed to manage freedom camping in vehicles on some council land

31.     The draft proposal would make a new Ture ā-Rohe Noho Puni Wātea ā-Waka 2022 / Freedom Camping in Vehicles Bylaw 2022 that:

·     aligns with the Freedom Camping Act 2011

·     helps council to prevent freedom camping impacts in sensitive areas, and to protect public health and safety and manage access in all areas of land held under the Local Government Act 2002 (including roads controlled by Auckland Transport)

·     forms part of a wider regulatory framework of Acts, regulations and other bylaws[4].

32.     The Bylaw will be enforced by the Licensing and Regulatory Compliance unit using a graduated compliance model (information, education, enforcement).

33.     The table below summarises the main proposals:

Draft proposals

Reasons for draft proposal

To schedule 63 specific areas as follows:

Restrict freedom camping in 19 specific areas (where freedom camping is allowed subject to site-specific restrictions)

Listed in Schedule 1 of the draft Bylaw

 

To better manage areas that have been identified as needing additional regulation due to factors such as popularity, current use by others, demand for parking and the size of the parking areas.

These are the restricted areas recommended by the Bylaw Panel in 2019, with all reserves removed.

Prohibit freedom camping in 44 specific areas (where freedom camping is not allowed)

Listed in Schedule 2 of the draft Bylaw

 

To protect areas that have been identified as being environmentally or culturally sensitive, or where freedom camping would impact public health and safety and access in ways that cannot be adequately managed through restrictions.

These are the prohibited areas recommended by the Bylaw Panel in 2019, with all reserves removed.

To include general rules for all other areas as follows:

Require freedom campers to use certified self-contained vehicles

To prevent impacts from the depositing of toilet waste and wastewater into the environment, and the use of unsuitable areas for cooking.

Allow freedom campers to stay a maximum of two nights in the same road or off-road parking area

To prevent impacts from the depositing of toilet waste and wastewater into the environment and ensure fair access to limited shared parking and amenities.

Require freedom campers to vacate their parking space by 9am on the day of departure

To ensure fair access for shared parking and amenities for other campers and users of public space.

Require freedom campers not return to stay in the same road or off-road parking area within a two-week period

To ensure fair access to limited shared parking and amenities for other campers and users of public space.

34.     The draft proposal notes that the council does not intend to use the bylaw to manage:

·     issues associated with homelessness (people living in a vehicle involuntarily)

·     areas where access is already controlled or parking is reserved or charged for, for example gated carparks, land leased to other organisations and regional parks.

The draft proposal complies with statutory requirements

35.     The draft proposal has been prepared in accordance with statutory requirements. Staff consider the proposed draft Bylaw:

·     only prohibits or restricts freedom camping where it is necessary to protect sensitive areas, and/or to manage impacts on public health and safety and access to an area

·     uses a format and wording that are easy to read, understand and comply with

·     is authorised by statute, is not repugnant to other legislation, and is not unreasonable

·     does not give rise to any implications or inconsistencies with the New Zealand Bill of Rights Act 1990.

Staff recommend the local board consider and provide its views on the draft proposal

36.     Staff recommend that the local board consider the draft proposal in Attachment A of the agenda report and provide any views by resolution to the Governing Body before it is finalised for public consultation on 23 September 2021.

37.     For example, the board could support the draft proposal for public consultation, recommend changes or defer comment until after it has considered public feedback on the proposal.

Tauākī whakaaweawe āhuarangi

Climate impact statement

38.     Staff note that this is a regulatory process to manage existing activities enabled by central government policy. It is not causing these activities to occur or affecting the likelihood that they will occur. The decision sought in this report therefore has no specific climate impact.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

39.     The draft proposal impacts the operations of several council departments and council-controlled organisations, including Licensing and Regulatory Compliance, Parks, Sport and Recreation and Auckland Transport.

40.     The Licensing and Regulatory Compliance unit are aware of the impacts of the draft proposal and their primary role in implementing and managing compliance with the Bylaw.

41.     Council’s 86 park rangers help to manage compliance with council Bylaws, the Reserves Act 1977 and the Litter Act 1974 by carrying out education and monitoring on parks and reserves. However, rangers are not currently being warranted or renewing warrants, and Licensing and Regulatory Compliance will continue to carry out any enforcement required.

Enhanced service levels for Bylaw compliance activities are not currently budgeted

42.     Concern about the council’s ability to effectively implement the Bylaw and manage compliance within existing resources was a key theme of public and local board feedback received in 2019.

43.     In March 2021, the Governing Body requested advice about costed options for increasing the service levels for compliance associated with this Bylaw. Costings are being finalised and this advice will be provided alongside the proposal in September, for consideration during future Annual Plan cycles.

44.     There are multiple options for increasing investment in Bylaw implementation and both proactive and reactive Bylaw compliance activities. These include:

·     enhancement of council’s information technology systems, to enable the implementation of the new infringement notice regime

·     use of contracted security services, to increase responsiveness to complaints (similar to the current arrangements for Noise Control), or for additional proactive monitoring at seasonal ‘hotspots’

·     purchase of mobile printers, to enable infringement notices to be affixed to vehicles in breach of the Bylaw at the time of the offence

·     signage at all prohibited and restricted areas and at other areas as needed

·     camera surveillance technology to enable remote monitoring of known or emerging hotspots, for evidence-gathering purposes and/or to support real-time enforcement.

45.     Local boards can request further advice from Licensing and Regulatory Compliance if they wish to consider allocating local budget for enhanced local compliance activities.

46.     For example, Rodney Local Board recently allocated funds from its Locally Driven Initiatives budget to employ two Compliance Wardens for a six-month trial during the 2021-2022 financial year. The wardens will address low level compliance issues, including illegal freedom camping, with follow-up support from warranted compliance staff when required.

Ongoing land classification work won’t be completed with bylaw development timeframes

47.     Following the Governing Body’s decision in March 2021 to exclude reserves from scope, land status has become more relevant for identifying areas requiring protection in the bylaw.

48.     The council does not currently hold complete land classification data to establish definitive numbers of reserves. Parks and reserves can comprise multiple land parcels which may be held under different Acts.

49.     Since reporting to the Governing Body in March, staff have completed further investigation of the land status of the prohibited and restricted areas recommended by the Bylaw Panel. This has identified additional reserves, which has reduced the proposed prohibited areas (from 55 in the March report to 44 in the draft proposal) and restricted areas (from 21 to 19).

50.     Classifications are still being confirmed as part of the development of omnibus Local Park Management Plans. Five local board areas have completed this work, and an average of 94 percent of their parks were found to be held under the Reserves Act 1977.

51.     Ongoing land classification work will support bylaw implementation. It will not finish within the timeframe for bylaw development, so the status quo issues will remain.

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

Local impacts and local board views

52.     The proposed draft Bylaw impacts on local boards’ governance role as it affects decision making over local assets, particularly parks and other council-controlled public places. There is also high community interest in freedom camping regulation in many local board areas.

53.     The local board has an opportunity to provide its views on this draft proposal by resolution to the Governing Body. The local board will also have further opportunity to provide its views to a Bylaw Panel on any public feedback to the proposal from people in their local board area.

All proposed prohibited and restricted areas previously discussed with local boards

54.     The proposed prohibited and restricted areas are those areas which the Bylaw Panel recommended should be prohibited and restricted in 2019, and which are held under the Local Government Act 2002. Areas held under the Reserves Act 1977 have been removed.

55.     All areas proposed to be scheduled as prohibited or restricted were previously discussed with the relevant local boards in 2018.

56.     The new draft proposal does not include any designated prohibited or restricted areas located in the Kaipātiki Local Board area. All unscheduled land held under the Local Government Act 2002, including roads, is proposed to be covered by general rules.

Joint political working group provided views on general rules in May 2021

57.     Three local board representatives participated in a joint political working group on 21 May 2021 to provide views on options for including general rules in the Bylaw.

58.     The working group unanimously supported the inclusion of general rules in the Bylaw, and five out of six working group members supported the recommended settings included in the draft proposal. A summary of the working group’s views was reported to the Governing Body on 27 May 2021[5].

The new draft proposal responds to feedback provided on the 2018 proposal

59.     Local boards provided formal feedback on the 2018 draft proposal to the Bylaw Panel in 2019, following on from their early feedback given during engagement in 2017, and site-specific feedback provided in 2018.

60.     The table below details typical concerns expressed by local boards in their formal feedback and how the new draft proposal responds to these concerns:

Key local board concern (from 2019)

Draft proposal’s response to concern

The loss of protection in the legacy bylaws for most reserves and roadsides

·   Excludes reserves from the bylaw and continues to use the Reserves Act 1977 to manage all camping at reserves

·   Includes general rules to manage freedom camping in all areas not individually scheduled in the bylaw, including roadsides

·   Notes individual roads can be scheduled as prohibited or restricted areas if problems arise in future

The provision for unrestricted freedom camping in the local board area

·   Includes general rules to manage freedom camping in all areas not individually scheduled in the bylaw

Freedom camping at reserves and enforcement tools under the Reserves Act

·   The Reserves Act 1977 will be used to manage all camping at reserves, which means the status quo (prohibition) will continue

·   Notes that following changes in September 2019 to the Reserves Act 1977, $800 infringement notices can now be issued for breaches of this Act

Freedom camping in inner-city areas, unsafe areas and areas near sports fields, residential homes and campgrounds

·   Bylaw schedules designate individual sites that have been identified and assessed as unsuitable for freedom camping (prohibited areas), or where additional restrictions are needed to manage impacts (restricted areas)

·   Includes general rules to manage freedom camping in all areas not individually scheduled in the bylaw

The potential effect on people experiencing homelessness

·   Clarifies that the bylaw will not be used to manage issues associated with homelessness and confirms the council’s commitment to a compassionate enforcement approach to protect vulnerable Aucklanders

Council’s ability to enforce bylaws and the cost of enforcement and monitoring

·   Although not contained in the proposal itself, advice will be provided to the Governing Body on options for increasing investment in bylaw implementation

 

Tauākī whakaaweawe Māori

Māori impact statement

61.     The Bylaw has relevance to Māori as kaitiaki of Papatūānuku. The proposal supports two key directions in the Independent Māori Statutory Board’s Māori Plan for Tāmaki Makaurau:

·     Wairuatanga (promoting distinctive identity), in relation to valuing and protecting Māori heritage and Taonga Māori

·     Kaitiakitanga (ensuring sustainable futures), in relation to environmental protection.

62.     The proposal also supports the Board’s Schedule of Issues of Significance by ensuring that sites of significance to Māori are identified and protected from freedom camping harms.

63.     Mana whenua and mataawaka were invited to provide feedback during the development of the 2018 proposal via dedicated hui and again through the public consultation process.

64.     Feedback received on specific prohibited and restricted areas identified in the 2018 proposal was incorporated into the deliberations. This included the identification of sites of significance to Māori, such as wahi tapu areas.

65.     General matters raised by Māori during engagement included the need to ensure:

·     the ability to add further sites of significance to the bylaw as these are designated

·     provision for temporary bans on freedom camping, e.g. in areas under a rahui

·     a compassionate approach to people experiencing homelessness

·     provision of sufficient dump stations to avoid environmental pollution

·     clear communication of the rules in the bylaw and at freedom camping sites.

66.     The draft proposal addresses these matters by proposing to prohibit freedom camping at sites of significance to Māori (such as Maraetai Foreshore and Onetangi Cemetery), provision in the Bylaw for temporary bans, and confirming council’s commitment to a compassionate enforcement approach to people experiencing homelessness.

67.     Mana whenua and mataawaka will have an opportunity to provide further feedback during public consultation on the proposal.

Ngā ritenga ā-pūtea

Financial implications

68.     There are no financial implications to the local board for any decisions to support the draft proposal for public consultation. The Governing Body will consider any financial implications associated with public notification in September 2021.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

69.     Legal risks were discussed as part of the provision of legally privileged advice to interested local board members at a confidential workshop held in June 2021.

70.     The other key risks and possible mitigations are summarised in the table below.

 If...

Then...

Mitigation (partial)

The bylaw proposal does not create enough areas where freedom camping is allowed

 

Council may need to manage an increase in overcrowding, non-compliance, and harms over time.

The proposed bylaw would enable freedom campers to stay for up to two nights on most roads, subject to general rules.

Council could consider increasing the number of designated restricted areas following consultation, or if problems arise in future.

The cumulative impact of prohibitions and restrictions in the Bylaw and other enactments is viewed as an ‘effective ban’ on freedom camping in Auckland

The risk of legal challenge could increase.

Staff looked closely at the requirements of the Freedom Camping Act 2011 in developing the proposal, and cumulative impact will continue to be monitored.

Council can’t meet public expectation of increased enforcement

There may be a loss of social license for freedom camping and reputational risk for council.

Responsible Camping Ambassadors will assist compliance staff during the peak season, although future funding is not guaranteed.

The Governing Body or local boards could allocate additional funding to increase service levels for compliance activities.

Ngā koringa ā-muri

Next steps

71.     Staff will present local board views and a finalised proposal to the Governing Body on 23 September 2021. The next steps for bylaw development are shown in the diagram below.

Diagram

Description automatically generated

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Attachment A - Freedom Camping in Vehicles Statement of Proposal and Draft Bylaw August 2021

57

     

Ngā kaihaina

Signatories

Authors

Rebekah Forman - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

Kaipātiki Local Board feedback on the Department of Internal Affairs' consultation on changes to Māori ward and Māori constituency processes

File No.: CP2021/11742

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide Kaipātiki Local Board’s feedback on the Department of Internal Affairs’ consultation on changes to Māori ward and Māori constituency processes.

Whakarāpopototanga matua

Executive summary

2.       In 2020 the Government began a two-stage process to align Māori ward and Māori general ward processes more closely together.

3.       The first stage of the changes was completed on 1 March 2021 with the enactment of the Local Electoral (Māori Wards and Māori Constituencies) Amendment Act 2021. These changes were to:

·        remove all mechanisms from the Local Electoral Act 2001 for binding polls to be held on the establishment of Māori wards

·        provide councils with a fresh opportunity to make decisions on Māori wards in time for the 2022 local elections.

4.       The second stage of changes is intended by the Minister to provide an enduring process for councils to consider setting up Māori wards, by bringing even closer together the Māori wards process and general wards process.

5.       This consultation is not about whether councils should have Māori wards, whether there should be binding polls on Māori wards, or whether there are other ways to improve Māori participation in local government. The Government has already agreed that establishing a Māori ward is a decision for councils to make.

6.       The Government now wants to improve how these decisions are made.

7.       This is a consultation with the public by the Minister and it precedes the drafting of the bill.

8.       There is also an opportunity to have a full submission on the draft bill when it is at the select committee stage.

9.       The Government has identified six key differences between the Māori wards and general wards process that are the focus of their consultation. Those differences are:

·        the requirements for councils to consider ward systems

·        the timing of decisions

·        opportunities for public input

·        decision-making rights and the role of the Local Government Commission

·        how and when wards can be discontinued

·        the types of polls that councils can hold.

10.     A memo was distributed on 6 August 2021 to inform local board members on council’s upcoming submission on the Department of Internal Affairs’ consultation on changes to Māori ward and Māori constituency processes (refer to Attachment B of the agenda report).

11.     Further information and summary documents on the consultation on changes to Māori ward and Māori constituency processes can be found here: https://www.dia.govt.nz/maori-wards

12.     For the English version of the consultation document, refer to Attachment A of the agenda report.

13.     Local board feedback is due on 25 August 2021.  The Governing Body will be considering adoption of council’s submission to Government at its meeting on 26 August.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      provide feedback on the Department of Internal Affairs’ consultation on changes to Māori ward and Māori constituency processes.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

18 August 2021 - Kaipātiki Local Board Business Meeting - Attachment A: Discussion document - changes to Māori ward and constituency processes

159

b

18 August 2021 - Kaipātiki Local Board Business Meeting - Memo: Consultation on changes to Māori ward and Māori constituency processes

177

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

Appointments of local board members 2019-2022 - Uruamo Maranga Ake Marae Charitable Trust Liaison

File No.: CP2021/11556

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To consider the appointment of a local board member as a liaison to Uruamo Maranga Ake Marae Charitable Trust.

Whakarāpopototanga matua

Executive summary

2.       Elected members participate as representatives of the local board on a number of external community and national organisations.

3.       The beginning of the new electoral term generates the need for new appointments. At its 11 December 2019 business meeting the local board received a report titled ‘Appointment of local board members to external community organisations’, which provided advice on the context, background and process to make appointments to external community organisations.

4.       At its 11 December 2019 business meeting, the local board agreed the following set of expectations for members undertaking their role as local board appointments (resolution number KT/2019/238):

·    providing updates to the external organisation on Auckland Council and local board activities, plans and projects

·    communicating to the other local board members by providing information on the activities, plans and projects of the external organisation, preferably in the form of a Members Report on a business meeting agenda which maintains public transparency

·    ensuring that the collective board views on issues is represented

·    being the first point of contact, from a governance perspective, for the external organisation

·    committing to attend most of the external organisation’s governance meetings

·    being responsive in communication with the external organisation.

5.       The initial appointments for the 2019-2022 political term were limited to external organisations that receive annual contract grants from the board (resolution numbers KT/2019/238 and KT/2020/10).  At its 9 December 2020 business meeting, the local board appointed a liaison to Chelsea Regional Park Association Incorporated, a non-annual contract grant recipient, due to the desire to progress Chelsea Estate Heritage Park becoming a regional park (resolution number KT/2020/224).

6.       The local board reviewed all appointments at its 21 April 2021 business meeting (resolution number KT/2021/41). The appointments as they currently stand for the 2019-2022 political term are listed in Attachment A to this report.

7.       On Sunday 13 June 2021, there was a hui held between the local board and the committee of Uruamo Maranga Ake Charitable Trust. At this hui an appointment of a liaison was discussed with the suggestion that Uruamo Maranga Ake Charitable Trust provide the local board with a written request to enable the board to formalise appointment / or/ appointing Member Andrew Shaw to their organisation in the capacity of a liaison. At the time of agenda compilation, the letter was yet to be received, however it is anticipated that a letter will be tabled in time for the meeting and subsequently attached to the minutes.

8.       An appointment to Uruamo Maranga Ake Marae Charitable Trust was previously investigated following a request from the local board at its 11 December 2019 business meeting.  At that time, Uruamo Maranga Ake Marae Charitable Trust thanked the local board for the offer but respectfully declined an appointment of a Kaipātiki Local Board Member as a liaison to their organisation.

9.       Should the local board decide to appoint a liaison to Uruamo Maranga Ake Marae Charitable Trust, it is recommended that a reason for the appointment to this non-annual grant recipient is included. This will assist staff and the local board when decisions on future appointments are required, such as for the 2022-2025 political term. It will also assist in mitigating the risk of additional organisations requesting appointments from the local board, for which the local board would likely have issues meeting from a capacity perceptive.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      consider an appointment to Uruamo Maranga Ake Marae Charitable Trust as listed in the table below for the remainder of the 2019-2022 political term, noting that the board has limited appointments for the 2019-2022 political term to organisations that receive annual contract grants from the board and that an appointment to Uruamo Maranga Ake Marae Charitable Trust would be an exception to that position:

External organisation

Member

Reason for appointment

Uruamo Maranga Ake Marae Charitable Trust

 

 

b)      note the local board agreed at its 11 December 2019 meeting (resolution number KT/2019/238) that to avoid potential conflicts of interest, elected members appointed to any outside organisation do not exercise any voting rights conferred by the organisation.

c)      note the local board agreed at its 11 December 2019 meeting (resolution number KT/2019/238) that the role of being the appointed member to the external organisation comprises of:

i)        providing updates to the external organisation on Auckland Council and local board activities, plans and projects

ii)       communicating to the other local board members by providing information on the activities, plans and projects of the external organisation, preferably in the form of a Members Report on a business meeting agenda which maintains public transparency

iii)      ensuring that the collective board views on issues is represented

iv)      being the first point of contact, from a governance perspective, for the external organisation

v)      committing to attend most of the external organisation’s governance meetings being responsive in communication with the external organisation.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Paul Edwards - Senior Local Board Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

Kaipātiki Local Board Chairperson's Report

File No.: CP2021/10970

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the Kaipātiki Local Board Chairperson to update members on recent activities, projects and issues since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the chairperson’s report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

Members' Reports

File No.: CP2021/10971

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note any verbal reports of members.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

Governing Body and Independent Maori Statutory Board Members' Update

File No.: CP2021/10972

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for Governing Body and Independent Maori Statutory Board members to update the board on Governing Body or Independent Maori Statutory Board issues, or issues relating to the Kaipātiki Local Board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Governing Body and Independent Maori Statutory Board members’ verbal updates.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

Governance Forward Work Calendar

File No.: CP2021/10974

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on reports to be presented to the board for 2021 and an overview of workshops scheduled for the month ahead.

Whakarāpopototanga matua

Executive summary

2.       The governance forward work calendar was introduced in 2016 as part of Auckland Council’s quality advice programme. The calendar aims to support local board’s governance role by:

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

·    clarifying what advice is expected and when; and

·    clarifying the rationale for reports.

3.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public. The calendar is updated monthly, reported to local board business meetings, and distributed to council staff.

4.       The September – November 2021 governance forward work calendar for the Kaipātiki Local Board is provided as Attachment A to the agenda report.

5.       The August – September 2021 workshop forward work plan for the Kaipātiki Local Board is provided as Attachment B to the agenda report. Scheduled items may change at short notice depending on the urgency of matters presented to the local board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Kaipātiki Local Board September – November 2021 governance forward work calendar and August – September 2021 workshop forward work plan.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

18 August 2021 - Kaipātiki Local Board business meeting -  Governance Forward Work Calendar September - November 2021

193

b

18 August 2021 - Kaipātiki Local Board business meeting - Workshop Forward Work Plan August - September 2021

195

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

Workshop Records - Kaipātiki Local Board - July 2021

File No.: CP2021/10975

 

  

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this report is to record the Kaipātiki Local Board workshop held on Wednesday 7 July 2021 and Wednesday 28 July 2021.

Whakarāpopototanga matua

Executive summary

2.       At the workshop held on Wednesday 7 July 2021, the workshop session was on:

·      Draft new Signs Bylaw

·      Equity of service levels and funding reports to local boards

·      Watercare session

-     Northcote-Chatswood water network upgrades and new Chelsea pump station.

3.       At the workshop held on Wednesday 28 July 2021, the workshop session was on:

·      Auckland Transport

·      Coastal Management Plans: Intro to local boards – Little Shoal Bay

·      Northcote Community Hub

-     Community Needs Assessment

-     Location options analysis

·      Infrastructure and Environmental Services

-     Climate Action Programme discussion

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the record for the Kaipātiki Local Board workshop held on Wednesday 7 July and Wednesday 28 July 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

18 August 2021 - Kaipātiki Local Board business meeting - Workshop record for Wednesday 7 July 2021

199

b

18 August 2021 - Kaipātiki Local Board business meeting - Workshop record for Wednesday 28 July 2021

201

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

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Kaipātiki Local Board

18 August 2021

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Kaipātiki Local Board

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

 

13        Local Board Annual Report 2020/2021 - Attachment a - 18 August 2021 - Kaipātiki Local Board business meeting - Kaipātiki
Local Board Annual Report 2020/2021

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report contains detailed financial adjustments, assumptions and judgements that have impact on the financial results of the Auckland Council group as at 31 July 2021 that require release to the New Zealand Stock Exchange.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

14        Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021 - Attachment a - Kaipatiki Work Programme 2020/2021 Mar-Jun 2021 Report

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report contains detailed financial information that have an impact on the financial results of the Auckland Council group as at 31 July 2021 that require release to the New Zealand Stock Exchange..

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

14        Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021 - Attachment b - KLB Performance Report Mar-Jun 2021 - Financial Appendix

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(j) - The withholding of the information is necessary to prevent the disclosure or use of official information for improper gain or improper advantage.

In particular, the report contains detailed financial information that have an impact on the financial results of the Auckland Council group as at 31 July 2021 that require release to the New Zealand Stock Exchange..

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 


Kaipātiki Local Board

18 August 2021

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.1      Attachment a    18 August 2021 - Kaipātiki Local Board Business Meeting - Submission to Kaipātiki Local Board on behalf of the Northcote / Birkenhead Communities, Northcote Bowling Club, Northcote Petanque Club and general public                                         Page 209


Kaipātiki Local Board

18 August 2021

 

 

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[1] http://infocouncil.aucklandcouncil.govt.nz/Open/2021/03/GB_20210325_AGN_10148_AT_WEB.htm (Item 9, GB/2021/19)

[2] http://infocouncil.aucklandcouncil.govt.nz/Open/2021/05/GB_20210527_AGN_10145_AT_WEB.htm (Item 10, GB/2021/49)

[3] http://infocouncil.aucklandcouncil.govt.nz/Open/2021/05/GB_20210527_AGN_10145_AT_WEB.htm (Item 9, GB/2021/48)

[4] Freedom Camping Act; Litter Act; Resource Management Act; Fire and Emergency NZ Act; Public Safety and Nuisance Bylaw; Auckland Council Traffic Bylaw; Auckland Transport Traffic Bylaw; Alcohol Control Bylaw; Dog Management Bylaw

[5] https://infocouncil.aucklandcouncil.govt.nz/Open/2021/05/GB_20210527_MAT_10145_WEB.htm