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

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 26 August 2021

4.00pm

This meeting will proceed via Skype for Business.

Either a recording or written summary will be uploaded to the Auckland Council website.

 

Waitākere Ranges Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Saffron Toms

 

Deputy Chairperson

Greg Presland

 

Members

Mark Allen

 

 

Michelle Clayton

 

 

Sandra Coney, QSO

 

 

Ken Turner

 

 

(Quorum 3 members)

 

 

 

Elizabeth Stewart

Democracy Advisor

 

20 August 2021

 

Contact Telephone: 021 194 6808

Email: elizabeth.stewart@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Waitākere Ranges Local Board

26 August 2021

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Welcome                                                                                   5

2          Apologies                                                                                 5

3          Declaration of Interest                                          5

4          Confirmation of Minutes                                                         6

5          Leave of Absence                                                                    6

6          Acknowledgements                                              6

7          Petitions                                                                 6

8          Deputations                                                           6

8.1     Deputation - Titirangi Community House 6

8.2     Deputation - Tula'i Pasifika Youth Leadership Programme for 2021               7

9          Public Forum                                                                            7

10        Extraordinary Business                                       8

11        Waitākere Ward Councillors' Update                 9

12        Local Board Annual Report 2020/2021             11

13        Auckland Council's Performance Report: Waitākere Ranges Local Board for March to June 2021                                                             15

14        Proposal to make a new Freedom Camping in Vehicles Bylaw                                                    61

15        Delegated local board feedback on the Discussion Document: Tuākī Kaupapa Here A Te Kāwanatanga Mō Te Whakawhanake Whare, Tāone Anō Hoki | Government Policy Statement on Housing and Urban Development                                                                            171

16        Delegated local board feedback on the Exposure Draft of the Natural and Built Environments Act                                             179

17        Local Board Member Report - Member Coney                                                                            189

18        Chair's Report - August 2021                          199

19        Workshop Records                                           201

20        Governance Forward Work Programme        203

21        Consideration of Extraordinary Items

PUBLIC EXCLUDED

22        Procedural Motion to Exclude the Public                         207

12        Local Board Annual Report 2020/2021

a.      Draft Waitākere Ranges Local Board Annual Report 2020/2021                       207

13        Auckland Council's Performance Report: Waitākere Ranges Local Board for March to June 2021

b.      Waitākere Ranges Local Board Operating Performance Financial Summary          207


1          Welcome

 

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

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

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

Board Member

Organisation/Position

Mark Allen

-   Community Waitākere – Executive Officer

-   Bethells Valley Fire – Senior Fire Fighter

-   Waitākere Licensing Trust – Trustee

Michelle Clayton

-   Glen Eden Community House – Treasurer

-   Glen Eden Residents’ Association – Treasurer

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

-   The Personal Advocacy and Safeguarding Adults Trust – Trustee

-   Glen Eden Returned Services Association (RSA) – Member

-   Glen Eden Railway Trust – Member

Sandra Coney

-   Cartwright Collective – Member

-   Women’s Health Action Trust – Patron

-   New Zealand Society of Genealogists – Member

-   New Zealand Military Defence Society – Member

-   Pest Free Piha – Partner is the Coordinator

-   Piha Tennis Club – Patron and Partner is the President

-   Piha Wetland Trust – Partner is a Trustee

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

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

Greg Presland

-   Whau Coastal Walkway Environmental Trust – Trustee

-   Combined Youth Services Trust – Trustee

-   Glen Eden Bid – Member

-   Titirangi Ratepayers and Residents Association – Member

-   Waitākere Ranges Protection Society – Member

-   Titirangi RSA – Member

Saffron Toms

-   Titirangi Community House – Secretary

-   Huia-Cornwallis Residents and Ratepayers Association – Committee Member

Ken Turner

-   Huia-Cornwallis Residents and Ratepayers Association – Committee Member


 

Member appointments

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

External community group or organisation

Lead

Alternate

Aircraft Noise Community Consultative Group

Mark Allen

Saffron Toms

Ark in the Park

Mark Allen

Sandra Coney

Friends of Arataki and Waitākere Regional Parkland Incorporated

Michelle Clayton

Sandra Coney

Glen Eden Business Improvement District (Glen Eden Business Association)

Michelle Clayton

Greg Presland

Glen Eden Playhouse Theatre Trust

Ken Turner

Mark Allen

Te Uru Waitākere Contemporary Gallery

Mark Allen

Saffron Toms and Sandra Coney

The Rural Advisory Panel

Ken Turner

Saffron Toms

 

4          Confirmation of Minutes

 

That the Waitākere Ranges Local Board:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 22 July 2021, including the confidential section, as a true and correct record.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

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

 

8.1       Deputation - Titirangi Community House

Te take mō te pūrongo

Purpose of the report

1.       To deliver an annual update report to the local board during the deputation segment of the business meeting.

Whakarāpopototanga matua

Executive summary

2.       Titirangi Community House would like to report back to the local board as per its management agreement.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the presentation and thank Jan Workman, Chair for her attendance.

 

 

8.2       Deputation - Tula'i Pasifika Youth Leadership Programme for 2021

Te take mō te pūrongo

Purpose of the report

1.       Michelle Buchan, Kaiārahi Whakawhanake ā Hapori - Community Development Lead, will be in attendance to update the local board on the Tula’i Pasifika Youth Leadership Programme for 2021.

Whakarāpopototanga matua

Executive summary

2.       Tula’i 2021 is well underway with a summit taking place on Friday, 7 May 2021 at the New Lynn Community Centre. Students from eight of the ten West Auckland Secondary Schools participated in a day of culture, leadership, connection, fun, guest speakers and musicians.

3.       The parent connect evening took place on Tuesday, 11 May 2021. Weekly modules started on Wednesday, 12 May 2021 and will continue until graduation in July 2021, with an average of 35 students attending each week.

4.       Forty one students participated in community day where they connected with older people at the local rest home.

5.       The West Auckland Pasifika Forum held their AGM on Wednesday, 9 June 2021 with a new executive being elected.

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the presentation regarding the Tula’i Pasifika Youth Leadership 2021 Programme and thank Michelle Buchan for her attendance.

 

 

 

9          Public Forum

 

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

 

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

 


 

10        Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Waitākere Ranges Local Board

26 August 2021

 

 

Waitākere Ward Councillors' Update

File No.: CP2021/11225

 

  

 

Te take mō te pūrongo

Purpose of the report

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

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

 

Ngā tūtohunga                                      

Recommendation/s

That the Waitākere Ranges Local Board:

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

 

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

Local Board Annual Report 2020/2021

File No.: CP2021/11224

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek local board adoption of the 2020/2021 Annual Report for the Waitākere Ranges 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 Waitākere Ranges Local Board:

a)      adopt the draft 2020/2021 Waitākere Ranges 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 Waitākere Ranges 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

Draft Waitākere Ranges Local Board Annual Report 2020/2021 (Under Separate Cover) - Confidential

 

     

Ngā kaihaina

Signatories

Authors

David Rose - Lead Financial Advisor

Authorisers

Mark Purdie - Lead Financial Advisor

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

Auckland Council's Performance Report: Waitākere Ranges Local Board for March to June 2021

File No.: CP2021/11919

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Waitākere Ranges 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 Waitākere Ranges Local Board and includes financial performance and delivery against work programmes for the 2020/2021 financial year.

3.       One hundred and eighty one activities within the agreed work programmes were delivered, including multi-year projects that have progressed as expected. Ten activities were cancelled, put on hold or deferred and three multi-year projects/activities have not progressed as expected during 2020/2021.

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

·   Ecological restoration contract work continues to focus on high value pest plant control.

·   The first new council-owned community facility to open in the Waitākere Ranges for over a decade, the West Coast Gallery opened the Piha School House.

·   The annual Open Studios event was successful, with 80 artists and 40 studios participating across the local board area.

·   The Waitākere Weed Action Project (Our Backyard) continues to be well received.

·   Township Park playground and park furniture was renewed, with a community event held to celebrate the upgrade.

·   Takaranga Reserve saw an upgrade of the playground and park furniture.

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

·   Construction of the Waitematā Table Tennis Association facility is ongoing, with completion expected in the first quarter of 2021/2022.  A formal opening ceremony is planned to coincide with the Parafed tournament in November 2021.

·   Work on the Waitākere Quarry Service Outcomes Plan is ongoing, with the draft plan be presented to the local board in the first quarter of 2021/2022.

·   Renewal of the Library Lane / Glen Eden Walkway amenity lighting is on hold until 2021/2022, when physical works can commence.

6.       Qualifying budgets of unfinished activities will be carried forward into 2020/2021 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 Waitākere Ranges Local Board:

a)      receive the performance report 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 Waitākere Ranges Local Board approved 2020/2021 work programmes for the following operating departments at its August 2020 business meeting:

·   Arts, Community and Events;

·   Community Services: Service, Strategy and Integration (now part of the Connected Communities department);

·   Community Facilities: Build Maintain Renew;

·   Community Leases;

·   Infrastructure and Environmental Services;

·   Libraries and Information;

·   Parks, Sport and Recreation;

·   Plans and Places;

·   The Western Initiative.

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.  The Southern Initiative and The Western Initiative both 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. Table 1 below shows the distribution.

Table 1: Changes to Departments in the Customer and Community 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 and The Western Initiatives

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

Local Board Work Programme Snapshot

12.     Graph 2 below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of each activity. It shows the percentage of work programme activities that have been delivered as expected, multi-year activities which have progressed as planned (green), activities that are in progress but with issues that are being managed (amber), 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 number of activities and activity status by department / unit. Note the number of activity lines differs 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:

·    265: Waitākere Ranges Local Board Ecological Restoration Contracts – Works focused on high value pest plant control plus three of the rat control programmes. Request for service work orders received for wasp control peaked, with a high volume received during February and March 2021. Rat control requests were also received in high numbers but are trending normally.

·    1226: Operational grant for West Coast Gallery – The first new council-owned community facility to open in the Waitākere Ranges for over a decade, the West Coast Gallery opened the Piha School House and wetland to the community on 13 June 2021.  The School House has thus far been used for yoga, book launches and art workshops.

·    1227: Community arts programmes Open Studios Waitākere – The annual Open Studios event was again well received, with 80 artists and 40 studios participating across the local board area.

·    1703: Waitākere Weed Action Project (Our Backyard) - In Piha, Anawhata, Karekare, Huia, Little Huia and Cornwallis, contractors surveyed and controlled for the six main Regional Pest Management Plan buffer species, i.e. climbing asparagus, bushy asparagus, wild ginger, moth plant, woolly nightshade and rhamnus. Overall, the programme continues to be well received. Feedback has shown that landowners recognise their area is an important ecological area worth defending against the tide of invasive pest plants.

·    2840: Township Park – renew playground and park furniture – Playground and park furniture were renewed at Township Park, with a community event held on 26 February 2021 to celebrate the upgrade.

·    2995: Takaranga Reserve – upgrade playground and park furniture – A Takaranga Playground Renewal celebration was held on 10 April 2021, with an attendance of 60 guests from the community and four Waitākere Ranges Local Board members.


 

Overview of work programme performance

Arts, Community and Events work programme

15.     In the Arts, Community and Events work programme, there were 29 activities completed by the end of June 2021 (green) and one activity that is in progress but delayed (amber). The delayed activity is discussed below:

·   1230: Operational grant for Shadbolt House – The 2020/2021 funding agreement was administered. Going West Trust will deliver an updated operating plan and a fundraising programme, which will identify a plan of works and projected budget requirements alongside potential funding sources. Auckland Council’s Community Facilities team continues to lead work on the property and potential agreement to lease.

Parks, Sport and Recreation work programme

16.     In the Parks, Sport and Recreation work programme, six activities were completed by the end of June 2021 (green), one activity is in progress but delayed (amber) and three activities are significantly delayed, on hold or not delivered (red) in the period March to June 2021. Delayed activities (red) are discussed below.

·   41: Waitematā Table Tennis Association facility development 2020/2021 – Construction of the table tennis facility is ongoing. Construction itself has proceeded well, with completion expected in the first quarter of t 2021/2022 i.e. mid-August 2021.
A soft opening of this facility is planned for September 2021 with a formal opening ceremony to coincide with the Parafed tournament in November 2021.

·   2260: The Te Kete Rukuruku (Māori naming of parks and places) Tranche One hui tuku ingoa (name gifting meeting) has taken place.  The local board adopted 19 names and a whakarewatanga (launch) is being scheduled working with the local board.  The local board is confirming additional sites for naming as part of Tranche Two of this project.  Note there is a budget underspend which is signalled as a carry forward to complete Tranche One in 2021/2022.

·   2333: As discussed in the July – October 2020 performance report, work on the Waitākere Quarry Service Outcomes Plan is ongoing.  The quarry is a hugely complex site, but the team working on this project are confident they are making good progress.  Engagement will be completed early 2022 (COVID-19 dependent) with a draft plan presented to the Waitākere Ranges Local Board in the first quarter of 2021/2022.

Libraries work programme

17.     In the Libraries work programme, there are 11 activities that were completed by the end of the year or will be by end of June 2021 (green).

Community Facilities: Build Maintain Renew work programme

18.     In the Community Facilities: Build Maintain Renew work programme, there are 20 activities that were completed by the end of the year or will be by end of June 2021 (green), two activities that are in progress but are delayed (amber), and two activities that have been cancelled and deferred in the period March to June 2021 (grey). The activities below have been deferred or delayed:

·   2595: Waitākere Ranges – renew park structures 2018/2019+ – Project completion has been delayed at the Titirangi War Memorial Reserve.  The delay was due to weather and the risk of damaging unmapped services during excavation of the existing wall, which have now been relocated without incident. The final concrete pour, rock facing and project handover will be completed in the first quarter of 2021/2022.

·   3442: Library Lane/Glen Eden Walkway – renew park amenity lighting. This project is on hold until 2021/2022, when physical works can commence. The lighting design and specification have been received, with investigation and design completed.

·   3657: Glen Eden Town Centre – refurbish selected gardens and assets – This project was completed in June 2021. Note the financial amount for 2020/2021 showing is incorrect in Attachment A to the agenda report; costs related to this project were accrued.

Community Leases work programme

19.     In the Community Leases work programme, 19 activities were completed by the end of the year or will be by end of June 2021 (green).

Infrastructure and Environment Services work programme

20.     In the Infrastructure and Environment Services work programme, 14 activities were completed by the end of the year or will be by end of June 2021 (green.  The following activities represent a large Board investment and two highlights for the year are:

·   1703: Waitākere Weed Action Project (Our Backyard) - In Piha, Anawhata, Karekare, Huia, Little Huia and Cornwallis, contractors surveyed and controlled for the six main Regional Pest Management Plan buffer species, i.e. climbing asparagus, bushy asparagus, wild ginger, moth plant, woolly nightshade and rhamnus. Overall, the programme continues to be well received. Feedback has shown that landowners recognise their area is an important ecological area worth defending against the tide of invasive pest plants. There are still improvements to be made to the project, particularly regarding community engagement and the efforts required to reach out to the disengaged to opt in, however traction has been gained and the programme will continue to build on this going forward.

·   1704: Waitākere Ranges Community Restoration – The Pest Free Waitākere Ranges Alliance Strategic Plan and website are now both complete. Two successful hui were held in March and May 2021. The group is developing a new residents' pack for the Waitākere Ranges. With support from the local board, the Coordinator prepared an application for Mahi mō te Taiao (Jobs for Nature) funding, with a focus on waterways restoration. If this funding is successful, the group aims to employ 10 people. The group is seeking an endorsement in principle from iwi, and collaboration in planning the more detailed projects once an expression of interest is approved.

Plans and Places work programme

21.     In the Plans and Places work programme, the work programme status report for the quarter shows that 7 activities are in progress or will be completed by the end of June 2021 (green).    One activity has been put on hold in the period March to June 2021 (grey).

The Western Initiative work programme

22.     The Western Initiative work programme has one activity in progress but delayed (amber). The delayed activity is detailed below:

·   1979: Youth Connections – Waitākere Ranges – Te Kura Kaupapa o Hoani Waititi are wrapping up their funded project and have had many successes including students understanding vocational pathways.  Part of the funding for this work programme item went to KidsCoin to provide the 3 bags full (3BF) programme.  This programme supported (two) rangatahi (youth) at risk of dropping out of school due to family financial pressures.

Rangatahi were supported to learn digital skills and financial literacy whilst being paid a living wage to complete assigned work, with their whānau (family) also supported with some basic digital skills including online job seeking skills and financial literacy. Both rangatahi successfully completed the programme, continue to attend school and have a clearer idea about what they want to do in future. They have also received a number of certifications in the digital and financial sector.

Deferred activities

23.     Lead Financial Advisors are identifying projects from the local board’s 2020/2021 Locally Driven Initiatives (LDI) operational budget which meet the criteria to be carried forward. These will be added to the work programme to be delivered in 2021/2022.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24.     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

25.     When developing the work programmes, council group impacts and views are presented to local 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

26.     This report informs the Waitākere Ranges Local Board of work programme performance in the period March to June 2021 and the performance for the 2020/2021 financial year.

Tauākī whakaaweawe Māori

Māori impact statement

27.     The following projects contain a specific approach to progressing Māori responsiveness through the local board work programme.

·   1228: Community arts programmes Glen Eden – On 19 June 2021 the annual Ahi Kaa event was held in Glen Eden town centre in partnership with Te Wharekura o Hoani Waititi Marae. Performances included Naughty Natives along with taonga puoro (musical instruments) played by Riki Bennett. Te Wharekura o Hoani Waititi Marae led poi making and waiata (song) alongside student from Oratia Primary School. The total audience across the day was approximately 350 people.

·   1237: Youth: Building Capacity Waitākere Ranges – Te Kura Kaupapa Māori o Hoani Waititi Marae received funding to progress the stream restoration project, build pātaka kai (food stores) for the māra kai (food garden) and support a youth led civic initiative.

·   1239: Placemaking and Capacity Building: Glen Eden neighbourhoods – During the March to June 2021 period, Community Waitākere supported a park design engagement at a Matariki planting day. There are park designs being discussed with Te Whare Kura o Hoani Waititi Marae senior tauira (students), in collaboration with Boffa Miskell, Auckland Council Parks and Recreation, and EcoMatters. Community Waitākere staff have a meeting planned to bring the Hoani Waititi Marae General Manager, Belong Aotearoa and the Waitākere Ethnic Board together with mana whenua in an advisory capacity to discuss migrant / newcomer Māori cultural engagement.

·   1241: Māori Responsiveness: Kaiwhakaawe (Māori broker) and Māori-led engagement – Three initiatives brokered by the Kaiwhakaawe to foster whakawhanaungatanga (relationship building), te reo Māori (Māori language) and knowledge of tikanga Māori (Māori customs) across West Auckland were initiated during the year. Te Ra Mokopuna (Day of the Child) was hosted by Te Kura Kaupapa Māori o Te Kotuku in December 2020, and an intergenerational event Te Ra Kaumatua/Kuia (Day of the Elder) is planned in July 2021. The Huihuinga Kaumatua/Kuia (Elders Meeting) will take place in July 2021. Following workshops with the West local boards, staff worked with the Kaiwhakaawe to review priorities for the implementation of Waitākere Ki Tua, with a focus on improving relationships between local boards and Māori organisations in West Auckland.


 

·   1242: Apply the Empowered Communities Approach: Connecting communities Waitākere Ranges – Throughout the year, staff have supported strategic initiatives led by West Auckland collectives, including West Auckland Together (Kai West, West Tech) and the Māori Leadership group (Kai Sovereignty). These have resulted in new projects being piloted in 2020/2021 or planned in 2021/2022 work programmes.

·   1499: Whakatipu i te reo Māori – We grow the Māori language, celebrating te ao Māori and strengthening responsiveness to Māori – Te reo Māori continues to be embedded in everyday communications, meetings and programming in Waitākere Ranges libraries. To celebrate Matariki, in June 2021, Titirangi held a story time and tukutuku (lattice-work) craft activity. Glen Eden Library celebrated Matariki with a special bilingual te reo Māori story time that was attended by local kindergartens, and also held an after school star making session for whānau.

·   2007: Māori Responsiveness: Mana whenua engagement – Te Kawerau Iwi Tribal Authority (TKITA) and Auckland Council staff met in March and June 2021 to share updates on projects within the local board area. This was an opportunity to share updates on progress on parks, environmental services and community and marae-led projects. TKITA was able to provide input into community-led initiatives, including the Te Henga kiosk information panels and Pest Free Waitākere Ranges Alliance strategic initiatives.

·   2260: The Te Kete Rukuruku (Māori naming of parks and places) Tranche One hui tuku ingoa has taken place.  The local board adopted 19 names and a whakarewatanga is being scheduled working with the local board.  The local board is confirming additional sites for naming as part of Tranche Two of this project.

·   3355: Sunvue Park, develop cultural park features – Concept design has been completed by rangatahi (youth) and the collective masterplans are on display at the kura (school) to seek feedback. A display was undertaken at the Sunvue Reserve Matariki Event so the wider community could also provide feedback. The next steps are to collate the feedback, arrange for the rangatahi and project group to present the concepts to the local board and seek formal approval before development of the detailed design.

Ngā ritenga ā–pūtea

Financial implications

28.     This report is provided to enable the Waitākere Ranges 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

29.     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. Due to these obligations the financial performance attached to this report is excluded from the public.

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

31.     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

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

33.     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

Waitākere Ranges Local Board March - June 2021 Work Programme Update

25

b

Waitākere Ranges Local Board Operating Performance Financial Summary - Confidential

 

     

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 



Waitākere Ranges Local Board

26 August 2021

 

 

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Waitākere Ranges Local Board

26 August 2021

 

 

Proposal to make a new Freedom Camping in Vehicles Bylaw

File No.: CP2021/12172

 

  

 

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 includes three designated prohibited areas and no designated restricted areas located in the Waitākere Ranges Local Board area. All designated areas are listed in the draft Bylaw schedules within Attachment A. All other council-managed 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 with the recommendation that the finalised proposal is adopted for public consultation. Public consultation is scheduled for November, and Bylaw Panel deliberations for early 2022.

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      support the draft Statement of Proposal in Attachment A of this agenda report to make a new 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 (Attachment A). 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 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 over the 2021-2022 summer period. 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 draft proposal includes three designated prohibited areas and no designated restricted areas located in the Waitākere Ranges Local Board area. All designated areas are listed in the draft Bylaw schedules within Attachment A. All other council-managed land held under the Local Government Act 2002, including roads, is proposed to be covered by general rules.

55.     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.

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

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

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

71

     

Ngā kaihaina

Signatories

Authors

Rebekah Forman - Principal Policy Analyst

Authorisers

Kataraina Maki - GM - Community & Social Policy

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

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Waitākere Ranges Local Board

26 August 2021

 

 

Delegated local board feedback on the Discussion Document: Tuākī Kaupapa Here A Te Kāwanatanga Mō Te Whakawhanake Whare, Tāone Anō Hoki | Government Policy Statement on Housing and Urban Development

File No.: CP2021/11341

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To inform the Waitākere Ranges Local Board of its delegated feedback on the Discussion Document: Tuākī Kaupapa Here A Te Kāwanatanga Mō Te Whakawhanake Whare, Tāone Anō Hoki | Government Policy Statement on Housing and Urban Development.

Whakarāpopototanga matua

Executive summary

2.       At the Waitākere Ranges Local Board’s 25 March 2021 business meeting it delegated authority to the Chair and Deputy Chair to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils (Resolution: WTK/2021/19).

3.       The local board’s feedback on the Discussion Document: Tuākī Kaupapa Here A Te Kāwanatanga Mō Te Whakawhanake Whare, Tāone Anō Hoki | Government Policy Statement on Housing and Urban Development has been approved by the Chair and Deputy Chair for inclusion in Auckland Council’s submission.

4.       A copy of the local board’s feedback is Attachment A of this report.

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      note the local board’s feedback on the Discussion Document: Tuākī Kaupapa Here A Te Kāwanatanga Mō Te Whakawhanake Whare, Tāone Anō Hoki | Government Policy Statement on Housing and Urban Development.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waitākere Ranges Local Board Feedback on the Discussion Document: Tuākī Kaupapa Here A Te Kāwanatanga Mō Te Whakawhanake Whare, Tāone Anō Hoki | Government Policy Statement on Housing and Urban Development

173

     

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

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Waitākere Ranges Local Board

26 August 2021

 

 

Delegated local board feedback on the Exposure Draft of the Natural and Built Environments Act

File No.: CP2021/12269

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To inform the Waitākere Ranges Local Board of its delegated feedback on the Exposure Draft of the Natural and Built Environments Act.

Whakarāpopototanga matua

Executive summary

2.       At the Waitākere Ranges Local Board’s 25 March 2021 business meeting it delegated authority to the Chair and Deputy Chair to approve and submit the local board’s input into Auckland Council submissions on formal consultation from government departments, parliament, select committees and other councils (Resolution: WTK/2021/19).

3.       The local board’s feedback on the Exposure Draft of the Natural and Built Environments Act has been approved by the Chair and Deputy Chair for inclusion in Auckland Council’s submission.

4.       A copy of the local board’s feedback is Attachment A of this report.

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

a)      note the local board’s feedback on the Exposure Draft of the natural and Built Environments Act.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Waitākere Ranges Local Board Feedback on the Exposure Draft of the Natural and Built Environments Act

181

     

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

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Waitākere Ranges Local Board

26 August 2021

 

 

Local Board Member Report - Member Coney

 

File No.: CP2021/12237

 

  

 

Te take mō te pūrongo / Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

 

Ngā tūtohunga / Recommendation

That the Waitākere Ranges Local Board:

a)      receive Member Coney’s attached report for August 2021.

 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Member Sandra Coney Board Member Report August 2021

191

     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

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Waitākere Ranges Local Board

26 August 2021

 

 

Chair's Report - August 2021

 

File No.: CP2021/11226

 

  

 

Te take mō te pūrongo / Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

 

Ngā tūtohunga / Recommendation

That the Waitākere Ranges Local Board:

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

 

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

Workshop Records

 

File No.: CP2021/11227

 

  

 

Te take mō te pūrongo / Purpose of the report

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

Whakarāpopototanga matua / Executive summary

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

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

 

Ngā tūtohunga / Recommendation/s

That the Waitākere Ranges Local Board:

a)      receive the attached workshop records and supporting materials for 15 and 22 July and 5 and 12 August 2021.

 

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Waitākere Ranges Local Board Workshop Record - 15 July 2021 (Under Separate Cover)

 

b

Waitākere Ranges Local Board Workshop Record - 22 July 2021 (Under Separate Cover)

 

c

Waitākere Ranges Local Board Workshop Record - 5 August 2021 (Under Separate Cover)

 

d

Waitākere Ranges Local Board Workshop Record - 12 August 2021 (Under Separate Cover)

 

     

Ngā kaihaina / Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

Governance Forward Work Programme

File No.: CP2021/11228

 

  

 

Te take mō te pūrongo

Purpose of the report

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

Whakarāpopototanga matua

Executive summary

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

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

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

·    clarifying what advice is expected and when

·    clarifying the rationale for reports.

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

 

Ngā tūtohunga

Recommendation/s

That the Waitākere Ranges Local Board:

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

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance Forward Work Calendar

205

     

Ngā kaihaina

Signatories

Authors

Elizabeth Stewart - Democracy Advisor

Authorisers

Adam Milina - Local Area Manager

 


Waitākere Ranges Local Board

26 August 2021

 

 

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Waitākere Ranges Local Board

26 August 2021

 

 

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

That the Waitākere Ranges 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.

 

12        Local Board Annual Report 2020/2021 - Attachment a - Draft Waitākere Ranges 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 information that have an impact on the financial results of the Auckland Council group as at 30 June 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.

 

13        Auckland Council's Performance Report: Waitākere Ranges Local Board for March to June 2021 - Attachment b - Waitākere Ranges Local Board Operating Performance Financial Summary

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 30 June 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.

 



[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