Kaipātiki Local Board

 

OPEN MINUTES

 

 

 

Minutes of a meeting of the Kaipātiki Local Board held virtually by Skype for Business on Wednesday, 18 August 2021 at 10.09am. Either a recording or written summary will be uploaded to the Auckland Council website.

 

present

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Ann Hartley

 

 

Melanie Kenrick

 

 

Cindy Schmidt

 

 

Andrew Shaw

 

 

Adrian Tyler

 

 

 


Kaipātiki Local Board

18 August 2021

 

 

 

1          Welcome

 

Chairperson John Gillon opened the meeting followed by Member Adrian Tyler leading the meeting with a karakia.

 

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2          Apologies

 

There were no apologies.

 

3          Declaration of Interest

 

There were no declarations of interest.

 

4          Confirmation of Minutes

 

Resolution number KT/2021/121

MOVED by Deputy Chairperson D Grant, seconded by Member A Tyler:  

That the Kaipātiki Local Board:

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

CARRIED

 

5          Leave of Absence

 

There were no leaves of absence.

 

6          Acknowledgements

 

There were no acknowledgements.

 

7          Petitions

 

There were no petitions.


 

 

8          Deputations

 

Precedence of Business

Resolution number KT/2021/122

MOVED by Chairperson J Gillon, seconded by Deputy Chairperson D Grant:  

That the Kaipātiki Local Board:

a)          agree that Public forum items 9.1: Beach Haven Coastal Connections: Shepherds Park tracks – Steph Hay and 9.2: Northart – Lindsay Waugh be accorded precedence at this time.

CARRIED

 

9          Public Forum

 

9.1

Beach Haven Coastal Connections: Shepherds Park tracks - Steph Hay

 

Steph Hay was in attendance via Skype for Business to address the board on this item.

 

 

Resolution number KT/2021/123

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

That the Kaipātiki Local Board:

a)          receive the public forum item.

b)         thank Steph Hay for her attendance and presentation.

CARRIED

 

9.2

Northart - Change of Status - Lindsay Waugh

 

Lindsay Waugh was in attendance via Skype for Business to address the board on this item.

 

 

Resolution number KT/2021/124

MOVED by Member M Kenrick, seconded by Member A Shaw:  

That the Kaipātiki Local Board:

a)          receive the public forum item.

b)         thank Lindsay Waugh for her attendance and presentation.

CARRIED

 

10        Extraordinary Business

 

There was no extraordinary business.


 

 

Note:   The deputation item 8.1:Northcote Petanque Club and Northcote Bowling Club request for additional terrains was taken at this time

 

8.1

Northcote Petanque Club and Northcote Bowling Club request for additional terrains

 

June Hieatt and Ken Akers from the Northcote Petanque Club, were in attendance via Skype for Business to address the board in support of this item.

 

A document titled ‘Response paper to Mr John Gillon (Kaipātiki Local Board Chairperson)’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Resolution number KT/2021/125

MOVED by Chairperson J Gillon, seconded by Member P Gillon:  

That the Kaipātiki Local Board:

a)          receive the deputation and tabled response paper.

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

CARRIED

 

Member A Shaw left meeting at 10.50am and returned at 10.59am

 

 

 

Attachments

a     18 August 2021 - Kaipātiki Local Board Business Meeting - Response paper to Mr John Gillon (Kaipātiki Local Board Chairperson)

 

11

Kaipātiki Community Facilities Trust Quarterly Report

 

Challen Wilson, Strategic Broker, was in attendance via Skype for Business to address the board on this item.

 

 

Resolution number KT/2021/126

MOVED by Member P Gillon, seconded by Member A Tyler:  

That the Kaipātiki Local Board:

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

CARRIED

 

 

12

Birkdale early learning centre and community hall rebuild options

 

Kaitlyn White, Senior Project Manager, was in attendance via Skype for Business to address the board in support of this item.

 

 

Resolution number KT/2021/127

MOVED by Deputy Chairperson D Grant, seconded by Chairperson J Gillon:  

That the Kaipātiki Local Board:

a)          approve option 1 to rebuild Birkdale community hall and early learning centre (Kauri Kids) at 134 and 136 Birkdale as one multi-purpose building, with a cost estimate of $2,792,508.

b)         request that the potential user conflict issues identified for option 1, such as noise, be minimised through design.

c)          request that all trees are retained, repurposed or transplanted within the site, where possible.

d)         note that the estimated completion timeframe for option 1 is by the end of financial year 2024/2025.

e)          request that the design incorporates both heritage and Māori design elements.

f)           request that the Chairperson or delegate attends stakeholder meetings.

g)         request that all construction material for this site be repurposed as part of a waste minimisation plan.

CARRIED

 

Precedence of Business

Resolution number KT/2021/128

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

That the Kaipātiki Local Board:

a)        agree that item 14: Auckland Council’s Performance Report: Kaipātiki Local Board for March to June 2021 be accorded precedence at this time.

CARRIED

 

14

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

 

Daniel Han, Local Board Advisor, was in attendance via Skype for Business to address the board in support of this item.

 

A document titled ‘Kaipātiki Work Programme 2020/2021 March – June 2021 Report’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

An error was noted in the Parks, Sport and Recreation activities with significant impact table in paragraph 16 of the agenda report. A revised report with the correct table was tabled. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment

 

 

Resolution number KT/2021/129

MOVED by Chairperson J Gillon, seconded by Member C Schmidt:  

That the Kaipātiki Local Board:

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

b)         receive the tabled memo on the revised timeframes for the Local Park Management Plan.

c)          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 Stock Exchange which are expected to be made public by 28 September 2021.

CARRIED

 

Attachments

a     18 August 2021 - Kaipātiki Local Board Business Meeting - Kaipātiki Work Programme 2020 2021 March-June 2021 Report

b     18 August 2021 - Kaipātiki Local Board Business Meeting - Quarterly Performance Report FY21 March - June

 

Note:   Item 13 was taken prior to item 18

 

Precedence of Business

Resolution number KT/2021/130

MOVED by Chairperson J Gillon, seconded by Member P Gillon:  

That the Kaipātiki Local Board:

a)          agree that item 15: Proposal to make a new Freedom Camping in Vehicles Bylaw be accorded precedence at this time.

CARRIED

 

15

Proposal to make a new Freedom Camping in Vehicles Bylaw

 

Eric Perry, Local Area Manager, was in attendance via Skype for Business to address the board on this item.

 

 

Resolution number KT/2021/131

MOVED by Chairperson J Gillon, seconded by Member M Kenrick:  

That the Kaipātiki Local Board:

a)          provide the following general feedback on 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:

i)           support all reserves being excluded from the bylaw and remaining prohibited under the Reserves Act 1977,

ii)         support Auckland Council not using the bylaw to manage issues associated with homelessness and support Auckland Council’s commitment to a compassionate enforcement approach to protect vulnerable Aucklanders,

iii)        express concern that all land held by Auckland Council under the Local Government Act (including the road corridor) is proposed to be available for freedom camping (unless specified as prohibited) rather than appropriate locations being specifically identified in the bylaw, and note that this is a significant change from the existing bylaw where freedom camping is prohibited unless specified,

iv)        do not support freedom camping being allowed by default in all road corridors in Auckland, as this will put added pressure on arterial and suburban roads and potentially allow freedom camping in:

A)         carparks servicing neighbourhood shops,

B)         slip roads servicing private driveways,

C)         carparks servicing public transport, such as ferry terminals

D)         carparks servicing parks and reserves (where outside the reserve boundary)

E)         pocket parks and paper roads

F)         outside schools, early learning centres and kindergartens.

b)         support the use of general rules for all areas where freedom camping is permitted, as proposed in the draft Statement of Proposal in Attachment A, and support the following options:

i)           General rule 1: Self-containment rule - Option C, that freedom camping vehicles must be certified self-contained, help to prevent toilet waste, and cooking and washing wastewater being left behind.

ii)         General rule 2: Maximum stay rule – Option B, maximum one night stay, to help ensure a turnover of carpark spaces, and minimise conflict with other users of the area/neighbours.

iii)        General rule 3: Set departure time rule – Option B, 8am departure time, to help ensure a turnover of carpark spaces, and minimise conflict with other users of the area/neighbours.

iv)        General rule 4: No-return period rule – Option C, No return to the same street/parking area within 4 weeks, to ensure fair access to the area,  help make it easier to enforce, and minimise conflict with other users of the area/neighbours.

c)          request that the Governing Body consider the following additions to “Schedule 2: Designated areas where freedom camping is prohibited”:

Prohibited area

Location

Reason for prohibition

The gravel carpark near the southern end of Colonial Road, Birkenhead (commonly assumed to be part of Chelsea Estate Heritage Park)

Colonial Road, Birkenhead

To protect access to the area as this area provides access to the pond and is a track entry-point and provides into Chelsea Estate Heritage Park.

To protect the health and safety of the people that visit the area which provides carparks for Chelsea Estate Heritage Park.

There have been previous issues with freedom-campers in this location.

The carparks at the end of Exmouth Road, Northcote (commonly assumed to be part of Heath Reserve)

Exmouth Road, Northcote

To protect access to the area as this area provides access to both Heath Reserve and Tuff Crater Reserve.

To protect the health and safety of the people that visit the area which provides carparks for Heath Reserve and Tuff Crater Reserve.

 

All marked carparks at the western end of Beach Haven Road in the vicinity of Beach Haven Wharf, and the access road to the wharf

Beach Haven Road, Beach Haven

To protect access to the area as this area provides carparks and access to Beach Haven Wharf, Hilders Park recreation wharf, Hilders Park and Larkings Landing Reserve.

All marked carparks at the southern end of Queen Street in the vicinity of Te Onewa (Northcote) Wharf

Queen Street, Northcote

To protect access to the area as this area provides carparks and access to Te Onewa (Northcote) Wharf.

All marked carparks within the road corridor of College Road between Kilham Ave and Ernie Mays St, that form part of the wider south-western Northcote Town Centre carpark

College Road, Northcote

To protect access to the area as this area provides carparks to service the Northcote Town Centre.

To protect the health and safety of the people that use the carparks to access the Northcote Town Centre.

All marked carparks at the Rawene Road carpark, Birkenhead

Lot 4 DP 63458

Part Lot 2 DP 233

To protect access to the area as this area provides carparks to service the Birkenhead Town Centre.

To protect the health and safety of the people that use the carparks to access the Birkenhead Town Centre.

All carparks at the carpark behind the Sunnyhaven Ave shops that services the shops and Opaketai Beach Haven Gardens

Lot 2 DP 51878

Pt Lot 12 DP 43175

Lot 1 DP 51878

To protect access to the area as this area provides carparks to service the Sunnyhaven Ave shops and Opaketai Beach Haven Gardens.

To protect the health and safety of the people that use the carparks to access the Sunnyhaven Ave shops and Opaketai Beach Haven Gardens.

All formed carparks designed to service neighbourhood shops and businesses, including (but not limited to):

·       Birkdale Rd shops,

·       Chartwell Rd shops,

·       Chivalry Rd/Diana Rd shops,

·       Glenfield Rd/Wairau Rd shops (portion of carpark),

·       Levesque Rd shops,

·       Manuka Rd shops,

·       Moore St shops,

·       Pupuke Rd shops,

·       Rangatira Rd/ Lysander Cr shops,

·       71 Roseberry Ave,

·       Salisbury Rd shops,

·       Sunnybrae Rd shops,

·       View Rd (western end) shops,

·       View Rd (eastern end)/Wairau Rd shops (portion of carpark)

Multiple locations within the road corridor

To protect access for customers and delivery vehicles to businesses that have varying opening hours from very early to very late.

To protect the health and safety of the people that use the carparks to access the businesses.

 

All slip roads within the road corridor that provide access to private properties, whether they are parallel to roads (for example on Glenfield Road) or across corners/intersections (for example corner of Sunset Rd/Target Rd; corner Mokoia Rd/Colonial Rd)

Multiple locations within the road corridor

To protect access to private properties, including for emergency services.

All carparks servicing community centres/houses, libraries and leisure centres that are on parcels of land held under the Local Government Act, (but not limited to):

·       Lot 1 DP 94804 (ActivZone);

·       Lot 2 DP 79494 (Bayview Community Centre);

·       Part Lot 55 DP 1675 (Birkdale Community Hall);

·       Lot 11 DP 65017, Lot 11 DP 65017, Lot 11 DP 65017, Lot 11 DP 65017, Lot 11 DP 65017 (Glenfield Leisure Centre);

·       Part Lot 2 DP 49045, Part Lot 3 DP 49045, Part Lot 4 DP 49045, Part Lot 5 DP 49045 (Glenfield Library);

·       Pt Lot 12 Blk I DP 804, Lot 13 Blk I DP 804 (Highbury House);

·       Lot 151 DP 49752 (Kaipātiki Community Facilities Trust);

·       Allot 651 Psh of Takapuna (NorthArt);

·       Allot 652 Psh of Takapuna, Lot 1 DP 92328 (Northcote Library).

Multiple locations

To protect access to the area for people to access services delivered by organisations that deliver community outcomes for the Kaipātiki Local Board. 

To protect the health and safety of the people that use the carparks to access services delivered by organisations that deliver community outcomes for the Kaipātiki Local Board

 

d)         express concern that any bylaw on freedom camping may not be able to be adequately enforced as there doesn’t appear to be any budget for an enhanced service level of compliance identified in the 10 Year Budget 2021-31.

e)          request the opportunity to speak at the Governing Body Committee meeting on 23 September 2021, noting the local board endorse the Chairperson to speak on behalf of local board members.

f)           request clarification on the process to revise and update both Schedule 1: Designated areas where freedom camping is restricted and Schedule 2: Designated areas where freedom camping is prohibited both prior to and after the adoption of the new Bylaw.

g)         request that this resolution is circulated with all local boards and the North Shore ward councillors.

CARRIED

 


 

 

Precedence of Business

Resolution number KT/2021/132

MOVED by Deputy Chairperson D Grant, seconded by Chairperson J Gillon:  

That the Kaipātiki Local Board:

a)        agree that item 16: Kaipātiki Local Board feedback on the Department of Internal Affairs’ consultation on changes to Māori ward and Māori consituency processes be accorded precedence at this time.

CARRIED

 

Adjournment of Meeting

Resolution number KT/2021/133

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

That the Kaipātiki Local Board:

a)          agree to adjourn the meeting at 11.38am for five minutes.

CARRIED

 

Meeting reconvened at 11.52am.

 

16

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

 

Eric Perry, Local Area Manager, was in attendance via Skype for Business to address the board on this item.

 

A document titled ‘Submission of Auckland Council to the discussion document - Changes to Māori Ward and Constituency Process’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Resolution number KT/2021/134

MOVED by Member A Tyler, seconded by Member A Hartley:  

That the Kaipātiki Local Board:

a)          support Auckland Council’s draft submission to the Department of Internal Affairs’ consultation on changes to Māori ward and Māori constituency processes, and provide the following feedback:

i)           request that the submission includes support for the investigation of Māori representation on local boards, such as the provision of Māori wards.

ii)         note that since the constitutional relevance of the Treaty of Waitangi is independent of population ratios, Maori Wards in and of themselves do not give adequate effect to the principal of partnership. The Constitutional Advisory Panel formed by Deputy Prime Minister Hon Bill English and Minister of Maori Affairs Hon Pita Sharples in 2011 noted several options that might more fairly give effect to the Treaty partnership. More work needs to be done to achieve improved partnership outcomes for central and local government, including local boards.

CARRIED

 

Attachments

a     18 August 2021 - Kaipātiki Local Board Business Meeting - Submission of Auckland Council to the discussion document "Changes to Māori Ward and Constituency Processes"

 

Precedence of Business

Resolution number KT/2021/135

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

That the Kaipātiki Local Board:

a)        agree that  item 17: Appointments of local board members 2019 – 2022 – Uruamo Maranga Ake Marae Charitable Trust Liaison be accorded precedence at this time.

CARRIED

 

17

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

 

A letter titled ‘Local board appointment for Uruamo Maranga Ake Marae’ was tabled. A copy of the tabled letter has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Resolution number KT/2021/136

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

That the Kaipātiki Local Board:

a)          appoint Member Andrew Shaw as local board liaison to Uruamo Maranga Ake Marae Charitable Trust 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 due to the board’s desire to progress the development of a community marae at Shepherd’s Park.

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 and being responsive in communication with the external organisation.

CARRIED

 

Attachments

a     18 August 2021 - Kaipātiki Local Board Business Meeting - Local board appointment letter for Uruamo Maranga Ake Marae

 

Public Excluded

Resolution number KT/2021/137

MOVED by Chairperson J Gillon, seconded by Member P Gillon:  

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.

 

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1     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.


The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting.

 

CARRIED

 

12.04pm          The public was excluded.

 

12.15pm          The public was re-admitted.

 

Re-admitting the public

Resolution number KT/2021/138

MOVED by Chairperson J Gillon, seconded by Member P Gillon:  

That the Kaipātiki Local Board:

a)           reopen the meeting to the public.

CARRIED

 

13

Local Board Annual Report 2020/2021

 

Mark Purdie, Manager – Local Board Financial Advisors, was in attendance via Skype for Business to address the board in support of this item.

 

 

Resolution number KT/2021/139

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

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.

CARRIED

 

18

Kaipātiki Local Board Chairperson's Report

 

No report was provided at this time.

 

19

Members' Reports

 

No reports were provided at this time.

 

20

Governing Body and Independent Maori Statutory Board Members' Update

 

A document titled ‘North Shore Ward Councillor Report – Chris Darby Council Response to National Policy Statement – Urban Development’ was tabled. A copy of the tabled document has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

 

 

Resolution number KT/2021/140

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

That the Kaipātiki Local Board:

a)          note the tabled report from Councillor Chris Darby.

CARRIED

 

Attachments

a     18 August 2021 - Kaipātiki Local Board Business Meeting - North Shore Ward Councillor Report – Chris Darby Council Response to NPS-UD

 

21

Governance Forward Work Calendar

 

Resolution number KT/2021/141

MOVED by Chairperson J Gillon, seconded by Member C Schmidt:  

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.

CARRIED

 

22

Workshop Records - Kaipātiki Local Board - July 2021

 

Resolution number KT/2021/142

MOVED by Member A Tyler, seconded by Member P Gillon:  

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.

CARRIED

 

23        Consideration of Extraordinary Items

 

There was no consideration of extraordinary items.

 

 

 

12.18 pm                                            The Chairperson thanked Members for their attendance and attention to business and declared the meeting closed.

 

CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Kaipātiki Local Board HELD ON

 

 

 

DATE:.........................................................................

 

 

 

CHAIRPERSON:.......................................................