Minutes of Albert-Eden Local Board - Tuesday, 21 September 2021

Albert-Eden Local Board

21 September 2021

1 Welcome

Chairperson Corrick commenced the meeting and welcomed everyone in attendance via Skype-for-Business.

2 Apologies

Resolution number AE/2021/140

MOVED by Deputy Chairperson M Watson, seconded by Member R Langton:

That the Albert-Eden Local Board:

a) note the apology from Councillor Casey for absence and note the apology from Councillor Fletcher for lateness.

CARRIED

3 Declaration of Interest

There were no declarations of interest.

4 Confirmation of Minutes

Resolution number AE/2021/141

MOVED by Chairperson L Corrick, seconded by Member K Smith:

That the Albert-Eden Local Board:

a) confirm the minutes of its ordinary meeting, held on Tuesday, 17 August 2021 and reconvened on Tuesday, 24 August 2021, as true and correct.

CARRIED

5 Leave of Absence

There were no leaves of absence.

6 Acknowledgements

Acknowledgement - Recent passing of Billy Apple

Resolution number AE/2021/142

MOVED by Chairperson L Corrick, seconded by Deputy Chairperson M Watson:

That the Albert-Eden Local Board:

a) acknowledge the recent passing of Billy Apple, a long-time resident of the Albert-Eden Local Board area and renowned painter and sculptor; his work spanning several decades was honoured when he was conferred as an Officer of the New Zealand Order of Merit (ONZM) in 2005; and note two local Billy Apple Art works: the Corner Post on Sandringham Road and the Monkey Hill stairs completed in 2012/2013 were a collaboration with the local board; and extend its condolences to Mary and the family.

CARRIED

7 Petitions

There were no petitions.

8 Deputations

There were no deputations.

9 Public Forum

There was no public forum.

10 Extraordinary Business

There was no extraordinary business.

11 Notices of Motion

In accordance to Standing Order 2.5.1 the following Notices of Motions have been received from Member Christina Robertson and Member Julia Maskill for consideration under items 12 and 13 respectively.

Notice of Motion - Member Christina Robertson – Planning COVID-19 Responses in the Street Environment

Resolution number AE/2021/143

MOVED by Member C Robertson, seconded by Member J Maskill:

That the Albert-Eden Local Board:

a) note the motion (AE/2020/97) passed in the 15 September 2020 meeting (Attachment A) to support Covid-19 responses in the street environment.

b) request Auckland Transport develop plans to enable social distancing and queuing space as proposed in the 15 September 2020 motion, as well as temporary space for safe, socially distanced walking and cycling, to be implemented when Auckland next reaches Alert Level 3.

c) request Auckland Transport plan to proactively reinstate these measures if future increases in alert levels are announced (or, if a move to Alert Level 4 is announced without sufficient lead time, as soon as practicable under Alert Level 3).

d) request Auckland Transport work with interested businesses to temporarily reallocate space in the street environment for outdoor dining and/or queuing space when Auckland reaches Alert Level 2, noting that indoor dining capacity under the updated Level 2 rules is substantially restricted.

CARRIED

13	Notice of Motion - Member Christina Robertson - Māori representation at a local board level
	MOVED by Member C Robertson, seconded by Member J Maskill: That the Albert-Eden Local Board: a) note the Governing Body's feedback (on 26 August 2021) supporting in principle the establishment of Māori wards; and b) request staff to advise on possible future mechanisms for guaranteeing Māori representation on local boards to best give effect to Te Titiri o Waitangi.
	An amendment by way of replacement was moved by Member Langton, seconded by Member McKenzie: a) support strong Māori Representation in Local Government and in the Albert-Eden community. b) note that the local board has already completed feedback on the Auckland Council Submission on changes to Māori ward and constituency processes dated 25 August 2021. c) note that any change to the Auckland Council structure requires initial change to Auckland Council’s establishing legislation by central government covering the current cap on ward councillor numbers and the role and function of the Independent Māori Statutory Board, and without this initial legislation change and clarification, there is a risk that any change to Auckland Council’s governance structure would result in the unintended consequence of increased confusion in our community and a decrease in community participation in local government. The motion was put to the vote via voice and was declared EQUAL by 4 votes to 4. Chairperson Corrick exercised her casting vote FOR, so the motion was CARRIED.
	An amendment by way of replacement was moved by Deputy Chairperson Watson, seconded by Member Easte: a) support strong Māori Representation on local boards and local government and in the Albert-Eden community. The motion was put to the vote via voice and was declared EQUAL by 4 votes to 4. Chairperson Corrick exercised her casting vote AGAINST, so the motion was LOST.
	The chairperson put the substantive motion.
	The motion was put in parts.
	Resolution number AE/2021/144 MOVED by Chairperson L Corrick, seconded by Member K Smith: That the Albert-Eden Local Board: a) support strong Māori Representation in Local Government and in the Albert-Eden community. CARRIED
	Resolution number AE/2021/145 MOVED by Chairperson L Corrick, seconded by Member K Smith: That the Albert-Eden Local Board: b) note that the local board has already completed feedback on the Auckland Council Submission on changes to Māori ward and constituency processes dated 25 August 2021. CARRIED
	Resolution number AE/2021/146 MOVED by Chairperson L Corrick, seconded by Member K Smith: That the Albert-Eden Local Board: c) note that any change to the Auckland Council structure requires initial change to Auckland Council’s establishing legislation by central government covering the current cap on ward councillor numbers and the role and function of the Independent Māori Statutory Board, and without this initial legislation change and clarification, there is a risk that any change to Auckland Council’s governance structure would result in the unintended consequence of increased confusion in our community and a decrease in community participation in local government. CARRIED

Indicative Business Case: Aquatic Provision in Albert-Eden Local Board Area

Resolution number AE/2021/147

MOVED by Chairperson L Corrick, seconded by Member G Easte:

That the Albert-Eden Local Board:

a) receive the Indicative Business Case; Aquatic Provision in Albert-Eden Local Board report.

b) do not support the findings or proposed options for progression as it does not address the community access and capacity issues with the pool or driveway access to the facility.

c) draw the Parks, Arts, Community and Events (PACE) committee’s attention to the following matters:

i) note that a long-term solution for aquatic facilities in the Albert-Eden area is a priority for the local board and noted in the Local Board Plan “we will continue to maintain and upgrade these facilities, and advocate for aquatic facilities to remain in our area in the future”;

ii) the local board advocated for funding for the pool in the Long-term Plan (LTP) 2021-2031;

iii) note that the board was advised in 2015 that the $2M upgrade undertaken that year was only intended to extend the life of the building for 5-10 years and did not address the access, parking, or capacity issues;

iv) note that driveway access into the site is not included in Option 0 (Status Quo) and urge council staff to progress a solution with urgency however note that the Albert-Eden Local Board has no funding allocated to this recently suggested project;

v) the recommended option does not address the demand over the next 30 years and demand will only be met for a short five-year period from 2029-2033 and that demand being met is fully conditional on the new Whau Pool opening in 2029;

vi) The Mt Albert Aquatic Indicative Business Case (IBC) BCR for Option 0 and Option 1 score higher than the Karaka Sports Park partial upgrade and Options 0, 1, 2, 3, and 3.1 all score higher than the Karaka Sports Park full upgrade which is a One Local Initiative on the funding list for in Years 4-10 of the LTP;

vii) note that the Net Promoter Score for the pool is negative in financial year (FY) 2019 and FY20 and that a score below zero is an indication that there are a lot of issues to address and note this score indicates that a greater percentage of people do not recommend the facility to others over those that recommend the facility to others;

viii) The Investment Logic Map weighting of 15 per cent being the lack of capacity at the pool for both the school and the community is too low when compared with 70 per cent weighting for parking and vehicle access and note that the Investor Objectives descriptors in Figure 4.2 appear to be in the incorrect order.

d) request that the Pool Trust (Mt Albert Grammar School Community Pool Trust) are given the opportunity to provide feedback on the Indicative Business Case to the Parks, Arts, Community and Events (PACE) committee and the Albert-Eden Local Board.

e) request a workshop with staff to discuss current operational issues at the Mt Albert Aquatic facility.

CARRIED

Draft Business Improvement District Policy (2021) Kaupapa Here ā-Rohe Whakapiki Pakihi

Resolution number AE/2021/148

MOVED by Chairperson L Corrick, seconded by Deputy Chairperson M Watson:

That the Albert-Eden Local Board:

a) provide the following formal feedback on the draft Business Improvement District Policy (2021):

i) support the draft Business Improvement District Policy (2021) in principle;

ii) note that town centres are not only a place for business but also for our community to meet and the local board encourage Business Improvement District (BID) committees to include a community member on their committee where possible;

iii) request that relevant concerns raised by Business Improvement Districts through the consultation process are addressed and amendments made to the draft policy and associated document where relevant to reflect their requests.

CARRIED

Tāmaki Tauawhi Kaumātua - Age-friendly Auckland Action Plan

Resolution number AE/2021/149

MOVED by Member J Maskill, seconded by Member K Smith:

That the Albert-Eden Local Board:

a) support the draft Tāmaki Tauawhi Kaumātua – Age-friendly Auckland Action Plan.

b) provide the following feedback on the draft Tāmaki Tauawhi Kaumātua – Age-friendly Auckland Action Plan for consideration:

i) support the domain areas and the approach to base these on the Marae framework;

ii) particularly support the domains for diversity and Kaumatua Kuia;

iii) particularly support addressing the issues of isolation and loneliness for older Aucklanders;

iv) support the themes of access, inclusion, celebrating differences and acknowledging the value older Aucklanders can bring to the community when isolation is not a barrier;

v) request that the plan contain a focus that the design of activities and services is based on research about what is relevant, helpful and of interest to older Aucklanders and co-designed with them;

vi) request that the plan be shortened and streamlined to avoid repetition of the same topic under multiple domains;

vii) request information on short, medium and long-term actions, and regional and local activities, be grouped so they are able to be seen in one place, preferably at the beginning, for ease of use for the reader;

viii) request that the measures of success are refined to be measurable and more meaningful;

ix) request inclusion of practical tools and services for older Aucklanders to be contained within the plan, or for this task to be an action in the plan;

x) request that a more suitable photograph is used on page 14 of the document and that this change is made immediately for the purposes of the current online engagement;

xi) request the addition of a commitment to investigate how Auckland Council can help address the problem that the cost of housing in Auckland is experienced as problematic for a significant proportion of older Aucklanders (25 per cent);

xii) request the addition of an acknowledgment of Auckland Council’s obligations to advocate to central government on behalf of older Aucklanders given that the role of local government in Aotearoa New Zealand is narrower in scope than of municipal authorities in other parts of the world (for example, no role in health services).

CARRIED

Public feedback on proposal to make a new Public Trading Events and Filming Bylaw 2022

Resolution number AE/2021/150

MOVED by Deputy Chairperson M Watson, seconded by Member J Maskill:

That the Albert-Eden Local Board:

a) receive public feedback on the proposal to make a new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Tauhokohoko, Whakahaerenga me te Tango Kiriata Tūmatanui 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022 in this agenda report.

b) note that there were only four submissions from Albert-Eden Local Board rohe.

c) note there are a large number of events held annually in public spaces in the Albert-Eden Local Board rohe and it is regularly used for filming permitted by Screen Auckland.

d) provide the following views on how the Bylaw Panel should address matters raised in public feedback to the proposal in resolution a), to assist the Bylaw Panel in its deliberations, noting that the local board:

i) support Proposal One that continues to regulate trading, events and filming in a similar way to the current Bylaw and note that controls on outdoor dining are required and included in the Bylaw and support identifying filming as a separate activity to events;

ii) support businesses to provide access to micromobility as an addition to people’s transport options and Proposal Two that clarifies the need for rental micromobility devices to be approved under their own licence instead of a mobile shop licence as they currently are, but seek the bylaw goes further and request to:

A) include requirements to park micromobility devices in assigned parking spaces for them or, if none are available nearby, to park them in a way that does not constitute a hazard to other footpath and road users including those who are frail, have mobility issues or are visually impaired.

iii) support Proposal Three, especially the exemption from requiring a trading licence for footpath sales for homemade goods sold by children and for plants grown on an adjoining property, but request the Bylaw:

A) includes fitness training by outdoor fitness operators and other similar commercial activities in parks are required to register, similar to buskers, noting commercial activity in parks is inconsistent with the Reserves Act and can create disruption and access issues for other park users and neighbouring residents.

iv) support Proposal Four that updates the wording to ensure that a new bylaw is easier to read, understand and comply with.

e) support street dining and business use of public footpaths as it has positive benefits for town centres and request that the outdoor dining licence process ensure minimum obstructions or hazards to pedestrian or vehicular access or flow and proper access and safety for frail and disabled people, including a specific reference in the Bylaw to conform with the United Nations’ Convention on the Rights of People with Disabilities.

f) request the Bylaw explicitly ban trading in tobacco products, weapons, material promoting the hatred of, or discrimination against, any group of people by reason of their personal characteristics and any trading contrary to Auckland Council’s Local Alcohol Policy or Gambling policies.

g) provide these general comments related to the bylaw being:

i) encourage the Universal Design Forum to complete the ‘Universal Design Café and Restaurant Checklist’ related to outdoor dining by the end of this year and request the Forum consider the need for pedestrian shelter under verandahs when considering guidance for traders;

ii) emphasize that effective monitoring and enforcement of the decisions made under this bylaw are vital.

h) appoint Deputy Chairperson Watson to present the views in noted in resolutions b) – g) to the Bylaw Panel on 19 October 2021.

i) delegate authority to the local board chair to appoint replacement(s) to the local board member noted in resolution h) should an appointed member be unable to present to the Bylaw Panel on 19 October 2021.

CARRIED

Public feedback on proposal to amend the Animal Management Bylaw 2015

Resolution number AE/2021/151

MOVED by Member C Robertson, seconded by Member J Maskill:

That the Albert-Eden Local Board:

a) receive the public feedback on the proposal to amend Te Kaunihera o Tāmaki Makaurau Te Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015 and associated controls in this agenda report.

b) provide the following views on how the Bylaw Panel should address matters raised in public feedback to the proposal in recommendation (a) to assist the Bylaw Panel in its deliberations:

i) do not support Proposal One - require an approval to keep more than two standard beehives on urban premises with a land area of less than 2000 square metres;

ii) request that approval is needed to keep more than four standard beehives on urban premises with land area of less than 600 square metres (retaining the current provisions for premises with land area over 600 square metres) noting that:

A) splitting of hives is required as part of good management practice and so additional hives are often required for set periods of time;

B) community feedback indicates two is the minimum number of hives to ensure good bee management, and so requiring approval for additional hives would impact good hive management and may have unintended negative consequences such as less ability to assist with collecting swarms;

C) beekeepers must register hives and apiaries through the Ministry of Primary Industries;

D) it is appropriate to require approval for more hives on smaller sections given the possible impacts to neighbours in urban areas.

iii) support Proposal Two – to incorporate rules from another bylaw about the feeding of animals on private property;

iv) support Proposal Three – to update definitions, structure, format and wording of the bylaw and controls.

c) appoint Member Robertson to present the local board views, outlined in resolution b), to the Bylaw Panel on 29 October 2021.

d) delegate authority to the local board chairperson to appoint replacement(s) to the board member noted in resolution c) should the appointed member be unable to present to the Bylaw Panel on 29 October 2021.

CARRIED

Public feedback on proposal to amend the Water Supply and Wastewater Network Bylaw 2015

Resolution number AE/2021/152

MOVED by Member G Easte, seconded by Chairperson L Corrick:

That the Albert-Eden Local Board:

a) receive public feedback on the proposal to amend the Te Kaunihera o Tāmaki Makaurau Ture ā Rohe Whakarato Wai me te Pae Kōtuitui Wai Para / Auckland Council Water Supply and Wastewater Network Bylaw 2015 in the agenda report.

b) provide the following views on how the Bylaw Panel should address matters raised in public feedback to the proposal in resolution a) to assist the Bylaw Panel in its deliberations:

i) support Proposal One to further define the rules regarding unauthorised taking of water from the network;

ii) support Proposal Two to further define the rules regarding unauthorised discharges to the wastewater network;

iii) support Proposal Three to clarify linkages to other legislation, bylaws and documentation;

iv) request Watercare continue public education programmes to raise awareness and change behaviour to minimise inappropriate materials being put into the wastewater network by households, industrial or commercial users;

v) request Watercare continue advocacy to central government regarding misleading product labelling for wet wipes, for example ‘flushable’ and ‘biodegradable’;

vi) request an absolute ban of putting any of a clear list of unacceptable and harmful objects or substances into the wastewater system;

vii) request that at each point unacceptable and harmful objects or substances are mentioned there should be a full list of such objects or materials including nappies, sanitary products, fabric, wipes, fats and grease;

viii) request a public education campaign on unacceptable and harmful objects or substances, including how and where these objects can be properly recycled or disposed of.

c) appoint Member Easte to present the views noted in resolution b) to the Bylaw Panel on 5 November 2021.

d) delegate authority to the local board chair to appoint replacement(s) to the local board member noted in resolution c) should an appointed member be unable to present to the Bylaw Panel on 5 November 2021.

CARRIED

Local board feedback on Auckland Transport's Parking Strategy Review

Resolution number AE/2021/153

MOVED by Deputy Chairperson M Watson, seconded by Member R Langton:

That the Albert-Eden Local Board:

a) note its tabled feedback on the review of Auckland Transport’s Parking Strategy by 30 September 2021, which was provided to staff ahead of public consultation on the review.

CARRIED

Attachments

a 20210921 Albert-Eden Local Board, Item 20: Local board feedback on Auckland Transport's Parking Strategy Review - Albert-Eden Local Board Feedback

Local board feedback on the kerbside refuse charging mechanism policy

Resolution number AE/2021/154

MOVED by Member R Langton, seconded by Member K Smith:

That the Albert-Eden Local Board:

a) support the funding mechanism for kerbside refuse collection in the Albert-Eden Local Board area remain as rates funded, noting the evidence gathered supporting this approach.

b) support the rollout of food scraps collection and request that it is done as soon as practicable.

c) note the current policy in the Waste Management and Minimisation Plan 2018 is to move all of Auckland to Pay as You Throw (PAYT), so support undertaking consultation with the public on whether to change the policy to either remain at status quo (mix of rates and PAYT funded), or move to all rates funded.

CARRIED

Albert-Eden Local Board feedback on the government's Three Waters reform proposal

Resolution number AE/2021/155

MOVED by Member G Easte, seconded by Member K Smith:

That the Albert-Eden Local Board:

a) note the formal feedback on the government’s Three Waters Reform proposal (Attachment A) as authorised through the urgent decision-making process.

CARRIED

Note: The chairperson adjourned the meeting at 3.33pm and reconvened the meeting at 3.40pm.

Albert-Eden Local Board feedback on changes to Māori ward and Māori constituency processes

Resolution number AE/2021/156

MOVED by Member K Smith, seconded by Chairperson L Corrick:

That the Albert-Eden Local Board:

a) note the formal feedback on the Department of Internal Affairs’ consultation on changes to Māori ward and Māori constituency processes (Attachment A) as authorised by delegation to the Chair (resolution number AE/2020/39).

CARRIED

24	Albert-Eden-Puketāpapa Ward Councillors' Updates
	Note: This item was withdrawn.

Chairperson's Report

Resolution number AE/2021/157

MOVED by Member K Smith, seconded by Member WM McKenzie:

That the Albert-Eden Local Board:

a) receive Chairperson Corrick’s September 2021 report.

CARRIED

Board Members' Reports

Resolution number AE/2021/158

MOVED by Chairperson L Corrick, seconded by Member J Maskill:

That the Albert-Eden Local Board:

a) receive Member Robertson and Deputy Chairperson Watson’s September 2021 Board Reports.

b) receive Member Langton’s verbal September 2021 Board Report.

CARRIED

Albert-Eden Local Board 2021 Governance Forward Work Calendar

Resolution number AE/2021/159

MOVED by Deputy Chairperson M Watson, seconded by Member K Smith:

That the Albert-Eden Local Board:

a) note the September 2021 edition of the Albert-Eden Local Board 2021 Governance Forward Work Calendar.

CARRIED

Albert-Eden Local Board Workshop Records

Resolution number AE/2021/160

MOVED by Chairperson L Corrick, seconded by Member K Smith:

That the Albert-Eden Local Board:

a) receive the Albert-Eden Local Board Workshop Records for the workshops held on the 24 and 31 August and 1, 7, 8, 14 and 15 September 2021.

CARRIED

29 Consideration of Extraordinary Items

There was no consideration of extraordinary items.

30 Procedural motion to exclude the public

Resolution number AE/2021/161

MOVED by Chairperson L Corrick, seconded by Deputy Chairperson M Watson:

That the Albert-Eden Local Board:

a) exclude the public from the following part 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:

Albert-Eden Local Board feedback to the Establishment Unit Board of the City Centre to Māngere Light Rail Project

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)(c)(ii) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to damage the public interest.

In particular, 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.

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

3.57pm The public was excluded.

Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.

restatementS

It was resolved while the public was excluded:

Albert-Eden Local Board feedback to the Establishment Unit Board of the City Centre to Māngere Light Rail Project

Shirley Coutts - Principal Advisor - Governance Strategy, and Nina Siers – Local Area Manager, were in attendance via Skype-for-Business to speak to this report.

Resolution number AE/2021/162

MOVED by Member WM McKenzie, seconded by Chairperson L Corrick:

That the Albert-Eden Local Board:

Restatement

b) agree that its feedback remain confidential until staff have assessed the feedback and confirmed absence of applicable withholding grounds.

The motion was put to the vote via voice and was declared EQUAL by 4 votes to 4.

Chairperson Corrick exercised her casting vote FOR, so the motion was CARRIED.

CARRIED

Motion

Resolution number AE/2021/163

MOVED by Member SMITH, seconded by Member LANGTON:

That the Albert-Eden Local Board:

a) agree to move the Albert-Eden Local Board meeting held on Tuesday, 21 September 2021, back in to open session.

CARRIED

4.36pm The public was re-admitted.

4.36pm 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 Albert-Eden Local Board HELD ON

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

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

Chairperson	Lee Corrick
Deputy Chairperson	Margi Watson
Members	Graeme Easte
	Rachel Langton
	Julia Maskill
	Will McKenzie
	Christina Robertson
	Kendyl Smith

Councillors	Cathy Casey
	Christine Fletcher