Agenda of Franklin Local Board - Tuesday, October 26, 2021

The Chair will open the meeting and welcome everyone present.

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

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

4 Confirmation of Minutes

That the Franklin Local Board:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 28 September 2021, as true and correct.

5 Leave of Absence

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

6 Acknowledgements

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

7 Petitions

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

8 Deputations

Standing Order 7.7 provides for deputations. Those applying for deputations are required to give seven working days notice of subject matter and applications are approved by the Chairperson of the Franklin 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 - CLM Sport

Te take mō te pūrongo

Purpose of the report

1. Bernadette Tovia, General Manager, Jamie Archibald and Liz Tupuhi from CLM Sport will be in attendance at the meeting.

Whakarāpopototanga matua

Executive summary

2. CLM Sport wishes to update the local board on their activities in the Franklin Local Board area.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) thank the CLM Sport representatives Bernadette Tovia, General Manager, Jamie Archibald, and Liz Tupuhi for their attendance and update on activities in the Franklin Local Board area.

8.2 Deputation: Gareth Teahan - Colin Lawrie Fields and Franklin Softball

Te take mō te pūrongo

Purpose of the report

1. Gareth Teahan, CEO of Auckland Softball, will be in attendance at the meeting.

Whakarāpopototanga matua

Executive summary

2. Gareth Teahan wishes to discuss the Colin Lawrie fields in relation to Franklin softball.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) thank Gareth Teahan, CEO of Auckland Softball, for his attendance and presentation.

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.”

Franklin Local Board

26 October 2021

Franklin Local Board Member Vacancy

File No.: CP2021/15421

Te take mō te pūrongo

Purpose of the report

1. For the Franklin Local Board to respond to the vacancy of a local board member.

Whakarāpopototanga matua

Executive summary

2. On 12 October 2021 Franklin Local Board Member Lance Gedge provided the Chief Executive of Auckland Council with his resignation from the Franklin Local Board, which took immediate effect. As a result, a vacancy on the Franklin Local Board now exists.

3. According to Section 117(3) of the Local Electoral Act 2001, on receiving notice under subsection (2) the local board must, at its next meeting (other than an extraordinary meeting) or, if that is not practicable, at its next subsequent meeting (other than an extraordinary meeting), determine by resolution that either (a) that the vacancy will be filled by the appointment by the local board of a person named in the resolution who is qualified to be elected as a member; or (b) that the vacancy is not to be filled.

4. The Franklin Local Board must therefore decide at this business meeting, unless it is not practicable, to resolve to appoint someone to the position or determine to leave the position vacant.

5. A person is eligible to be nominated if they are over 18 years of age, a New Zealand citizen, and on the electoral roll. The board may take other criteria into consideration.

6. If, under section 117 (3) (b) the board resolves at this business meeting not to fill the vacancy, it must immediately give public notice of its decision.

7. If under section 117(3) the board resolves to appoint to the vacancy it must immediately give public notice of its decision and its selection process. The board confirms the appointment at its next business meeting on 23 November 2021 and the appointed member will make their statutory declaration.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) resolve to not fill the vacancy created on the Franklin Local Board by Member Gedge’s resignation from the board on 12 October 2021, pursuant to section 117 (3) of the Local Electoral Act.

b) resolve to appoint <<person nominated>> to fill the vacancy until the next triennial election, which takes place on 8 October 2022, pursuant to section 117 (3) of the Local Electoral Act, and that <<person nominated>> be sworn in as a Member at the local board’s business meeting on 23 November 2021.

c) note that the board have selected <<person appointed>> because of <<criteria met>>.

d) resolve that the outcome of the appointment be publicly advertised after the report and resolutions have been restated.

Horopaki

Context

8. On 12 October 2021, Franklin Local Board Member Lance Gedge provided the Chief Executive of Auckland Council with a letter of resignation from the Franklin Local Board, which took immediate effect.

8. As the resignation has taken place within the 12-month period prior to the next local body election, which is on 8 October 2022, the local board has discretion about what it will do.

The two options available to the board are:

i) not to fill the vacancy and run one member short until the next election in October 2022.

ii) appoint an eligible person to fill the vacancy. There is no requirement or convention that indicates the board must appoint the highest polling, or any candidate from a previous election.

Tātaritanga me ngā tohutohu

Analysis and advice

9. According to Section 117(3) of the Local Electoral Act 2001, on receiving notice under subsection (2) the local board must, at its next meeting (other than an extraordinary meeting) or, if that is not practicable, at its next subsequent meeting (other than an extraordinary meeting), determine by resolution (a) that the vacancy will be filled by the appointment by the local board of a person named in the resolution who is qualified to be elected as a member; or (b) that the vacancy is not to be filled.

10. Following the formal notification of the vacancy on the Franklin Local Board to the Chief Executive on 12 October 2021, section 117 (3) of the Local Electoral Act applies. The Franklin Local Board must at the next meeting (other than an extraordinary meeting), or next subsequent meeting, determines by resolution either:

(a) that the vacancy is filled by an appointment by the local board of a person named in the resolution who is qualified to be elected, or

(b) that the vacancy is not to be filled.

11. The process commences at the time the board decides on the preferred option.

12. If it is agreed not to fill the vacancy the only action required is to pass a resolution to this effect.

13. If the Franklin Local Board decides to appoint an eligible person, then criteria apply.

14. The criteria for eligibility for serving as an elected representative on a local board are provided in legislation and are:

i) Applicants must be:

A. Over eighteen years of age

B. A New Zealand citizen

C. On the electoral roll.

ii) Additionally, no member of the Governing Body may also be a member of a local board. If a person is an un-discharged bankrupt they must disclose this fact to the Chief Executive (Auckland Council’s Code of Conduct).

15. The board may wish to consider other criteria, for example:

· Experience of community leadership within the Franklin Local Board area

· An empathy with the cultural diversity of the Franklin Local Board area

· Has operated in a governance role

· Experience or knowledge of local government

· Is an excellent communicator

· Has an ability to evaluate and interpret information

16. Proposed timeline:

26 October 2021 Board meets at scheduled ordinary meeting to make a decision. Resolution made to appoint or leave vacant, under section 117(3) of Local Electoral Act.

26 October 2021 If appointment is made, candidate(s) informed of the board’s decision by nominated elected representative.

28 October 2021 If no appointment is made, the resolution will also be publicised.

If appointment made provide public notice via the next available publication of local newspapers and minutes, providing the resolution and the process and/or criteria by which the person named in the resolution was selected for appointment.

23 November 2021 If appointment is made the appointment will be confirmed at the next scheduled business meeting; the new member will make their Statutory Declaration. Section 118 (2) of the Local Electoral Act provides that the person appointed is for all purposes to be treated as having been elected to fill the vacancy on the date at which the appointment is confirmed. Term of office does not start until there has been a resolution confirming the appointment.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17. The short-term change to one elected member’s position would not significantly impact on the status quo of the Franklin Local Board.

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

Local impacts and local board views

18. The recommendations contained within this report fall within the local boards legislative responsibilities to respond to an elected member vacancy on the local board.

Tauākī whakaaweawe Māori

Māori impact statement

19. The provision to fill the vacancy by appointment provides the board with an opportunity to increase Māori representation on the board.

Ngā ritenga ā-pūtea

Financial implications

20. There are no financial implications of this decision as it falls within existing operational and governance budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

21. The local board would be at risk of not meeting its legislative obligations if it fails to make a decision on this matter.

Ngā koringa ā-muri

Next steps

22. Subsequent to the decision Local Board Services will operationalise and manage next steps.

Ngā tāpirihanga

Attachments

There are no attachments for this report.

Ngā kaihaina

Signatories

Author

Denise Gunn - Democracy Advisor

Authorisers

Louise Mason - GM Local Board Services

Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Franklin Local Board

26 October 2021

Hūnua Trail

File No.: CP2021/15408

Te take mō te pūrongo

Purpose of the report

1. To seek endorsement of the Hūnua Trail Report prepared by Meneth Consulting and next steps to progress the recommendations from the report and implementation of the Trail.

Whakarāpopototanga matua

Executive summary

2. The Franklin Local Board are supporting the development of a walking and cycling trail through the Hūnua Ranges and requested Auckland Unlimited (AUL) commission a report to identify how the trail could be best positioned in the visitor sector marketplace to optimise the economic development opportunities that could be leveraged from the opening of the trail.

3. AUL contracted Meneth Consulting to undertake this work which involved desk research, stakeholder consultation and a trial ride of the trail by a selected group of interested stakeholders on E-Mountain Bikes provided by Ngāi Tai ki Tamaki.

4. Meneth Consulting have provided the local board with the Hūnua Traverse E-MTB Full Report (Attachment A) which outlines a vision for the trail as the leading New Zealand E-Mountain Biking trail. The report also makes a number of recommendations for next steps in bringing the trail to market in a way that can provide maximum benefit to the area.

5. AUL and Auckland Council staff have reviewed the report and are seeking the local board endorsement of the report and providing advice to the Franklin Local Board on how some of the recommendations of the report could be progressed utilising deferred LDI Opex funds for the Hūnua Trail from 2020/2021.

6. Auckland Council staff are also progressing other operational and infrastructure aspects of the Trail implementation including the trail wayfinding and health and safety signage, the Kauri Dieback management and stations, and a management plan to mitigate impact of forestry logging on the trail and riders.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) endorses the Hūnua Trail report (Attachment A) prepared by Meneth Consulting and implementation of the recommendations.

Horopaki

Context

7. The Franklin Local Board have been supporting the development of a walking and cycling Trail through the Hūnua Ranges. The Trail is within the Hūnua Ranges Regional Park, and is managed within the Parks, Sport and Recreation Department of Auckland Council.

8. The Franklin Local Board has a strong interest in the development of the trail, as both a resource for local residents to enjoy recreationally, as well as to maximise the potential economic benefit to the area of having a nationally significant walking and cycling trail in the area. This is consistent with the Franklin Local Board’s stated objective of increasing the economic benefit that the visitor economy brings to the area.

9. In order to further develop the economic benefits of the trail the Franklin Local Board provided funds for AUL to commission work on their behalf to progress the thinking around how economic benefit from the Hūnua Trail could be optimised.

10. Meneth Consulting were appointed to undertake this work and have produced the Hūnua Traverse E-MTB Full Report to suggest the positioning of the trail as an E-Mountain Biking destination, identifying a number of economic opportunities and making some recommendations for next steps for the development and promotion of the trail.

11. A draft report and findings were shared with the Franklin Local Board at a workshop in July, feedback from the workshop has been incorporated into the final report.

Tātaritanga me ngā tohutohu.

Analysis and advice

12. The report outlines a product concept for the trail based on the increasing popularity of E-bikes, which are well suited to the Hūnua Trail given the steep gradients on sections of the trail, which mean only cyclists with a high level of fitness would be able to complete the trail unaided by E-Mountain Bike technology.

13. Positioning the trail as an E-Mountain Bike trail will provide the trail with a point of difference; however, the recommendation is that the trail be open to all cyclists, walkers and runners. The need to communicate the challenges of the trail if undertaken unaided by technology is noted in the report.

14. The report recommends the trail is promoted as a South to North ride with a shuttle service from Clevedon to Workman Road. This has several benefits. Firstly, it provides a better trail experience with the tougher sections of the trail tackled first. Secondly, it opens an opportunity for shuttle operators and thirdly it provides the opportunity for support services for riders, both before and after the trail, to develop in Clevedon, the largest settlement in the east of the Franklin district.

15. A number of ideas for Iwi collaboration, private economic enterprise, support services, commercial partnerships and means of promoting the trail are outlined in the report and it is envisaged these will be developed through the next phase of the development of the trail through to its opening.

16. Several recommendations are made in the report, these include:

· Appoint a dedicated resource to manage the Trail marketing, operations and management

· Consider a trail governance entity to oversee the Trail operation

· Progress the immediate and future infrastructure requirements and funding focusing on carparking in Clevedon, road signage, and cycle friendly amenities

· Strengthen stakeholder engagement with key stakeholders and the community to build support and advocacy

· Consideration of Trail Grading Communications to ensure users are aware of the relative difficulty whether on a standard mountain bike of E-mountain bike.

· Develop product models - enable both free and commercial models and encourage new product development

· Developing a strong identity and marketing plan positioning for the Hūnua Traverse E-MTB Trail and effectively communicate to key audiences following a clear marketing strategy

· Hold soft launch events in the lead up to public launch to refine product and prepare external and internal stakeholders followed by planned annual events in off peak times

17. AUL currently hold $44,605 of Franklin Local Board LDI Opex that was deferred from an allocation made to support the development of a Hūnua Trail Marketing Plan in 2020/2021. This funding is available to help deliver recommendations from the Meneth report.

18. AUL and Auckland Council will continue to work together to progress the recommendations, with Auckland Council staff focus on the trail operational and infrastructure requirements, stakeholder engagement and consideration of a dedicated resource and governance entity.

19. AUL, as Auckland’s Economic and Cultural agency, are well placed to support, in full or in part, the following recommendations within the Meneth report:

· Strengthen stakeholder engagement

· Develop product models - enable both free and commercial models and encourage new product development

· Developing trail Grading Communications

· Developing a strong identity and marketing plan

· Developing soft launch events

20. AUL recommend the Franklin Local Board direct AUL to contract an external agency to develop a strong trail identity and marketing plan that includes consideration of how trail grading can be best communicated and how the trail can be launched using a series of walking and cycling events that build the profile of the trail. Consideration of product models could be included in this or conducted as a separate piece of work, dependent on the ability of a single agency to undertake both.

21. The scope developed for this work will be explicit in stating the work is to be delivered in such a way as to further strengthen stakeholder relationships, that is that stakeholder engagement is central to the development of the marketing plan, communications and event development.

22. The proposed soft launch, locals only event is proposed for early in 2022. This allows time for the finalisation of a few aspects on the operational planning, including a management plan to mitigate any forestry logging impact on the trail, and the installation of the Kauri Dieback stations, that have been further delayed due to Covid-19 related supplier and material delays.

23. A soft launch, locals only event, will provide an opportunity to seek feedback on the Trail experience, trail branding and identity, garner local support for the opportunity and mitigate potential safety risks. It also allows time to build local support services and suppliers and consider the required supporting infrastructure in Clevedon prior to marketing it more widely to regional and national visitors.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24. The Hūnua Trail report and proposed recommendations do not significantly impact on greenhouse gas emissions or contribute towards adapting to the impacts of climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25. The Hūnua Trail project has a strong cross council collaborative approach with Parks, Sport and Recreation, Community Facilities and Local Board Services working together with Auckland Unlimited to coordinate capital and operational elements of the development, promotion and management of the trail.

26. All stakeholders will continue to work closely together, and with other non-council Stakeholders, to launch, promote and manage the trail.

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

Local impacts and local board views

27. The Franklin Local Board have been supportive of the development of the Hūnua Trail as a potential visitor attraction and economic development opportunity since the idea was first discussed.

28. The proposed project aligns with the Franklin Local Board Plan 2020 outcomes that specifically reference the area’s natural attractions that have the potential to generate local economic benefit, including the Hūnua Trail from Clevedon through the Hūnua Ranges to the Firth of Thames.

29. The local board plan also pledges to develop the Hūnua Ranges as a centre for visitation, recreation, cultural experience, and environmental education including Auckland’s water supply story.

Tauākī whakaaweawe Māori

Māori impact statement

30. Mana whenua have been engaged throughout the development of the Hūnua Trail concept and the Hūnua Traverse e-MTB report was produced with input from Ngāi Tai Ki Tāmaki who have expressed interest in economic opportunities the trail will bring and supported the test ride of the trail by providing e-bikes for the riders.

31. Development of the Hūnua Trail as a visitor attraction aligns with the Franklin Local Board’s objective to support Ngāi Tai Ki Tāmaki, Ngāti Tamaoho, Ngāti Paoa and Ngaati Whanaunga to work with Auckland Council and Watercare to tell the story of the Hūnua Ranges through the Hūnua Trail.

32. The local board plan also states the local board’s objective of supporting mana whenua participation in and leveraging economic benefits from projects including the Hūnua Trail and other projects identified by mana whenua.

Ngā ritenga ā-pūtea

Financial implications

33. The Franklin Local Board LDI Opex ($44,605) was deferred from an allocation made to support the development of a Hūnua Trail Marketing Plan in 2020/2021. It is proposed that this budget is allocated to progress the recommendations in the Meneth report, in particular the marketing plan and product development aspects.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

34. The Covid-19 pandemic could have a further negative impact on the delivery of the Local Board work programmes; the deliverability of some activities may be limited under the Covid-19 Alert Level regulations.

35. Further delays with the supply and installation of the Kauri Dieback stations due to Covid-19, may impact the timing of a soft launch, locals only event.

36. The very recent announcement of the forestry logging to commence in private forestry adjacent to the Hūnua Ranges in October requires consideration to mitigate the impact on the trail and rider safety. Staff are working with Watercare and Rayonier- Matariki Forestry to develop a management plan to ensure rider safety.

Ngā koringa ā-muri

Next steps

37. AUL and Auckland Council staff will work together to progress the recommendations in the report and the implementation of the Hūnua Trail and report back to the Franklin Local Board in December 2021.

38. Subject to local board approval Auckland Unlimited will draft a scope for a marketing plan with a view to appointing a contractor to develop a marketing and communications plan.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	The Hūnua Traverse E-MTB Trail Full Report Final	19

Ngā kaihaina

Signatories

Authors

Sharon Rimmer - Strategic Partnerships Specialist

Jonathan Sudworth - Local Economic Development Advisor

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Franklin Local Board

26 October 2021

Approval for a new private road name at 45 Constable Road, Waiuku

File No.: CP2021/14625

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Franklin Local Board to name three new public roads, created by way of a subdivision development at 45 Constable Road, Waiuku.

Whakarāpopototanga matua

Executive summary

2. The Auckland Council Road Naming Guidelines (the Guidelines) set out the requirements and criteria of the council for proposed road names. The guidelines state that where a new road needs to be named as a result of a subdivision or development, the subdivider /developer shall be given the opportunity of suggesting their preferred new road names for the local board’s approval.

3. On behalf of the developer and Applicant, Pokorua Holdings Limited, agent Ben Harper of Surveyworx has proposed the names presented below for consideration by the Local Board.

4. The proposed road name options have been assessed against the Guidelines and the Australian & New Zealand Standard, Rural and Urban Addressing, AS NZS 4819:2011 and the Guidelines for Addressing in-fill Developments 2019 – LINZ OP G 01245 (the Standards). The technical matters required by those documents are considered to have been met and the proposed names are not duplicated elsewhere in the region or in close proximity. Mana Whenua have been consulted in the manner required by the Guidelines.

5. The proposed names for the new public roads at 45 Constable Road are:

Road 1

· Te Paahi Avenue (Applicant Preferred)

· Pā Avenue (Alternative 1)

· Akoranga Avenue (Alternative 2)

Road 2

· Pouate Way (Applicant Preferred)

· Tamariki Way (Alternative 1)

· Ākonga Way (Alternative 2)

Road 3

· Paapaka Way (Applicant Preferred)

· Taurima Way (Alternative 1)

· Ōhipera Way (Alternative 2)

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) approves the name Te Paahi Avenue (applicant’s preferred name) for the new public road created by way of subdivision at 45 Constable Road, Waiuku, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references SUB60237908 and SUB60237908-A).

b) approves the name Pouate Way (applicant’s preferred name) for the new public road created by way of subdivision at 45 Constable Road, Waiuku, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references SUB60237908 and SUB60237908-A).

c) approves the name Paapaka Way (applicant’s preferred name) for the new public road created by way of subdivision at 45 Constable Road, Waiuku, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references SUB60237908 and SUB60237908-A).

Horopaki

Context

6. Subdivision consent references SUB60237908 and SUB60237908-A were issued in May 2019 and February 2021 respectively for the construction of 48 vacant residential lots, 1 rural site and road to vest; and a variation of conditions to split Stage 1 of the consented subdivision into two stages creating an additional stage.

7. Site and location plans for the development can be found in Attachment A and Attachment B.

8. In accordance with the Standards, any road including private ways, commonly owned access lots (COALs), and right of ways, that serve more than five lots generally require a new road name in order to ensure safe, logical and efficient street numbering.

Tātaritanga me ngā tohutohu

Analysis and advice

9. The Guidelines set out the requirements and criteria of the council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland Region. The Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the Local Board’s approval

10. The Guidelines provide for road names to reflect one of the following local themes with the use of Maori names being actively encouraged:

· a historical, cultural, or ancestral linkage to an area; or

· a particular landscape, environmental or biodiversity theme or feature; or

· an existing (or introduced) thematic identity in the area.

11. Theme: Several themes are put forward by the Applicant as detailed in the table below. The first theme is to reflect the Māori history of the area by using the names of the original Pā site and the names of the eldest sons of the founding ancestors of Ngāti te Ata. The secondary theme is to reflect the names of the civic buildings nearby i.e. school and hospital.

Road 1

Proposed name	Meaning (as described by applicant)
Te Paahi Avenue (Applicant preferred)	‘Te Paahi’ is the name of the original Pā site at this location
Pā Avenue (Alternative 1)	means ‘fortified village’ in Te Reo Māori
Akoranga Avenue (Alternative 2)	means ‘to learn’ in Te Reo Māori. Relevant as Waiuku College is next door. Please note there is a Akoranga Dr in Northcote and Hillcrest.

Road 2

Proposed name	Meaning (as described by applicant)
Pouate Way (Applicant preferred)	Pouate and Paapaka are the two eldest sons of the founding ancestors of Ngāti te Ata.
Tamariki Way (Alternative 1)	means ‘Children’ in Te Reo Māori. Relevant as Waiuku College is next door.
Ākonga Way (Alternative 2)	means ‘Student’ in Te Reo Māori. Relevant as Waiuku College is next door.

Road 3

Proposed name	Meaning (as described by applicant)
Paapaka Way (Applicant preferred)	Pouate and Paapaka are the two eldest sons of the founding ancestors of Ngāti te Ata
Taurima Way (Alternative 1)	means ‘to treat, care, tend’ in Te Reo Māori. Relevant as Waiuku Health center is across the road.
Ōhipera Way (Alternative 2)	means ‘Hospital’ in Te Reo Māori. Relevant as Waiuku Health centre is across the road.

12. Assessment: All the name options listed in the table above have been assessed by the council’s Subdivision Specialist team to ensure that they meet both the Guidelines and the Standards in respect of road naming. The technical standards are considered to have been met and duplicate names are not located in close proximity. It is therefore for the local board to decide upon the suitability of the names within the local context and in accordance with the delegation.

13. Confirmation: Land Information New Zealand (LINZ) has confirmed that all of the proposed names are acceptable for use at this location.

14. Road Type: ‘Avenue’ and ‘Way’ are acceptable road types for the new public roads, suiting their form and layout. Road 1 (Avenue) is a through road; and Roads 2 and 3 are a crescent shape and cul de sac respectively.

15. Consultation: LINZ and mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

16. The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

17. The decision sought for this report has no identified impacts on other parts of the Council group. The views of council controlled organisations were not required for the preparation of the report’s advice.

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

Local impacts and local board views

18. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

19. To aid local board decision making, the Guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process, and the allocation of road names where appropriate. The Guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

20. On 22 July 2021 mana whenua were contacted by council on behalf of the applicant, through the Resource Consent department’s central facilitation process, as set out in the Guidelines. Representatives of the following groups with an interest in the general area were contacted:

· Ngāti Tamaoho

· Te Ākitai Waiohua

· Te Ahiwaru Waiohua

· Ngāti Te Ata Waiohua

· Ngāti Maru

· Waikato-Tainui

21. By the close of the consultation period, a response was received from the representative of Waikato-Tainui on 22 July 2021, who supports Mana Whenua to take the lead role.

22. A response was received on 23 July 2021 from the representative of Ngāti Te Ata opposing the proposed names and requesting contact from the agent proposing the names on behalf of the applicant/developer as names the group had provided previously were not reflected in the application.

23. The agent subsequently contacted Ngāti Te Ata and new names were agreed and proposed to reflect the name of the original pā site at the location; and the names of the two eldest sons of the founding ancestors of Ngāti Te Ata. As nine names were needed in total, some of the original names remain but the Applicant preferred names reflect the suggestions of Ngāti Te Ata. Spelling corrections were made to the other name suggestions that were in te reo.

24. This site is not listed as a site of significance to mana whenua, although we note the reference to an existing pā site at this location.

Ngā ritenga ā-pūtea

Financial implications

25. The road naming process does not raise any financial implications for the Council.

26. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

27. There are no significant risks to Council as road naming is a routine part of the subdivision development process, with consultation being a key component of the process.

Ngā koringa ā-muri

Next steps

28. Approved road names are notified to LINZ which records them on its New Zealand wide land information database. LINZ provides all updated information to other users, including emergency services.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Location Plan	69
b ⇩	Site Plan	71

Ngā kaihaina

Signatories

Author

Elizabeth Salter - Subdivision Technical Officer

Authorisers

David Snowdon - Team Leader Subdivision

Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Franklin Local Board

26 October 2021

Approval for new private road names at 321 - 333 Bremner Road, Drury

File No.: CP2021/15471

Te take mō te pūrongo

Purpose of the report

1. To seek approval from the Franklin Local Board to name 22 new private roads, being 22 commonly owned access lots (COALs), created by way of a subdivision development at 321 – 333 Bremner Road, Drury.

Whakarāpopototanga matua

Executive summary

3. On behalf of the developer and applicant, Rebecca Lloyd of Karaka Pines Villages has proposed the names presented below for consideration by the Local Board.

5. The proposed names for the new private roads at 321-333 Bremner Road are:

Road number	Proposed Name
ROAD 2	Kawakawa Avenue (Applicant Preferred)
ROAD 3	Maanuka Avenue (Applicant Preferred)
ROAD 4	Rangiora Close (Applicant Preferred)
ROAD 5	Piripiri Lane (Applicant Preferred)
ROAD 6	Horokaka Lane (Applicant Preferred)
ROAD 7	Kaauka Close (Applicant Preferred)
ROAD 8	Pipiko Close (Applicant Preferred)
ROAD 9	Koopata Lane (Applicant Preferred)
ROAD 10	Wharangi Lane (Applicant Preferred)
ROAD 11	Kahikatea Court (Applicant Preferred)
ROAD 12	Tii Lane (Applicant Preferred)
ROAD 13	Wharariki Court (Applicant Preferred)
ROAD 14	Kohekohe Lane (Applicant Preferred)
ROAD 15	Remuremu Close (Applicant Preferred)
ROAD 16	Whau Court (Applicant Preferred)
ROAD 17	Taupata Drive (Applicant Preferred)
ROAD 18	Kumukumu Close (Applicant Preferred)
ROAD 19	Kiokio Court (Applicant Preferred)
ROAD 20	Viburnum Close (Applicant Preferred)
ROAD 21	Poinsettia Lane (Applicant Preferred)
ROAD 22	Lancewood Lane (Applicant Preferred)
ROAD 24	Camellia Close (Applicant Preferred)

6. Roads 1 and 23 do not require names at this time.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) approves the following names (applicant’s preferred names) for the 22 new private roads created by way of subdivision at 321-333 Bremner Road, Drury, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references BUN60313630):

Road number	Proposed Name
ROAD 2	Kawakawa Avenue (Applicant Preferred)
ROAD 3	Maanuka Avenue (Applicant Preferred)
ROAD 4	Rangiora Close (Applicant Preferred)
ROAD 5	Piripiri Lane (Applicant Preferred)
ROAD 6	Horokaka Lane (Applicant Preferred)
ROAD 7	Kaauka Close (Applicant Preferred)
ROAD 8	Pipiko Close (Applicant Preferred)
ROAD 9	Koopata Lane (Applicant Preferred)
ROAD 10	Wharangi Lane (Applicant Preferred)
ROAD 11	Kahikatea Court (Applicant Preferred)
ROAD 12	Tii Lane (Applicant Preferred)
ROAD 13	Wharariki Court (Applicant Preferred)
ROAD 14	Kohekohe Lane (Applicant Preferred)
ROAD 15	Remuremu Close (Applicant Preferred)
ROAD 16	Whau Court (Applicant Preferred)
ROAD 17	Taupata Drive (Applicant Preferred)
ROAD 18	Kumukumu Close (Applicant Preferred)
ROAD 19	Kiokio Court (Applicant Preferred)
ROAD 20	Viburnum Close (Applicant Preferred)
ROAD 21	Poinsettia Lane (Applicant Preferred)
ROAD 22	Lancewood Lane (Applicant Preferred)
ROAD 24	Camellia Close (Applicant Preferred)

Horopaki

Context

7. Resource consent reference BUN60313630 was issued in November 2018 for the construction of a 310-unit retirement village along with the creation of commonly owned access lots (COALs).

8. Site and location plans of the development can be found in Attachment A and Attachment B.

9. In accordance with the Standards, any road including private ways, commonly owned access lots (COALs), and right of ways, that serve more than five lots, generally require a new road name in order to ensure safe, logical and efficient street numbering.

10. Therefore, in this development, all 22 new COALs require a road name because they serve more than five lots. This can be seen in Attachment A, where the COALs that require a name are highlighted in yellow.

Tātaritanga me ngā tohutohu

Analysis and advice

11. The Guidelines set out the requirements and criteria of the council for proposed road names. These requirements and criteria have been applied in this situation to ensure consistency of road naming across the Auckland region. The Guidelines allow that where a new road needs to be named as a result of a subdivision or development, the subdivider/developer shall be given the opportunity of suggesting their preferred new road name/s for the Local Board’s approval

12. The Guidelines provide for road names to reflect one of the following local themes with the use of Maori names being actively encouraged:

· a historical, cultural, or ancestral linkage to an area; or

· a particular landscape, environmental or biodiversity theme or feature; or

· an existing (or introduced) thematic identity in the area.

13. The proposed names were recommended by Ngāti Tamaoho and have been chosen by the developer.

The names were chosen based on the rākau (trees) that grow on the shores of Te Mānuka (Manukau Harbour). Each of them represents a different tree. Given the location of the retirement village, the names are in keeping with the history and whakapapa of the land.

Road Number	Proposed Name	Meaning (as described by applicant)
ROAD 2	Kawakawa Avenue (Applicant Preferred)	Piper excelsum, commonly known as kawakawa, is a small tree of which the subspecies P. excelsum subsp. excelsum is endemic to New Zealand
ROAD 3	Maanuka Avenue (Applicant Preferred)	New Zealand teatree, broom tea-tree, or just tea tree, is a species of flowering plant in the myrtle family Myrtaceae, native to south-east Australia and New Zealand.
ROAD 4	Rangiora Close (Applicant Preferred)	Rangiora, also known as Brachyglottis repandam, is a small, bushy tree or tall shrub endemic to New Zealand. It grows to a height of 5 to 7 meters. The petioles of the leaves have a characteristic groove up to 10 cm long.
ROAD 5	Piripiri Lane (Applicant Preferred)	Also known as Peri-peri, is a cultivar of Capsicum frutescens that was originally produced by Portuguese explorers in former Portugal’s Southern African territories from the malagueta pepper and then spread to other Portuguese domains.
ROAD 6	Horokaka Lane (Applicant Preferred)	This endemic ice plant is present on rocky outcrops on the beaches of Tirtiri Matangi. It has succulent three-angled leaves and whitish flowers in spring and summer. Māori used the juice from horokaka leaves to treat boils and other skin ailments. The mildly salty leaves were sometimes pickled by early European settlers.
ROAD 7	Kaauka Close (Applicant Preferred)	Cordyline australis, commonly known as the cabbage tree or cabbage-palm, is a widely branched monocot tree endemic to New Zealand. It grows up to 20 metres tall with a stout trunk and sword-like leaves, which are clustered at the tips of the branches and can be up to 1 metre long.
ROAD 8	Pipiko Close (Applicant Preferred)	This adventive plant hopper from Australia has been in Zealand since before 1880 and is now widespread in lowland (below 500 m) areas of the North Island and in Nelson and Marlborough in the South Island. It occurs on its herbaceous, shrub and tree host plants in city gardens and parks as well as native ecosystems. Its feeding results in production of a lot of honeydew which makes plants sticky and black from sooty moulds.
ROAD 9	Koopata Lane (Applicant Preferred)	Also known as Pelargonium inodorum, herbs.
ROAD 10	Wharangi Lane (Applicant Preferred)	Melicope ternata, commonly known as wharangi, is found in coastal and lowland areas from North Cape to Nelson. It grows into a small tree of 3-5m, being bushier when in the open. The leaflets are arranged in threes. They have slightly wavy margins and are thin, oval and a shiny yellow green. The bright foliage makes it a useful selection for a mixed planting. It appreciates a soil that has been well worked but is happy with most conditions. Frost tender when young. Propagation by seed or cuttings.
ROAD 11	Kahikatea Court (Applicant Preferred)	Kahikatea is a coniferous tree endemic to New Zealand. The tree grows to a height of 55 metres with a trunk exceeding 1 metre in diameter, and is buttressed at the base. It is dominant in lowland forest and wetlands throughout the North and South Islands.
ROAD 12	Tii Lane (Applicant Preferred)	An evergreen flowering plant in the family Asparagaceae. The plant is of great cultural importance to the traditional animistic religions of Austronesian and Papuan peoples of the Pacific Islands, New Zealand, Island Southeast Asia, and Papua New Guinea.
ROAD 13	Wharariki Court (Applicant Preferred)	Wharariki is generally a smaller plant than harakeke, and the leaves are not as stiff. The leaves are usually less than 2 m in length and inclined to droop.
ROAD 14	Kohekohe Lane (Applicant Preferred)	Kohekohe is a medium-sized tree native to New Zealand. It is found in lowland and coastal forests throughout most of the North Island and also occurs in the Marlborough Sounds in the north of the South Island. Mature trees grow up to 15m in height, with a trunk up to a metre in diameter.
ROAD 15	Remuremu Close (Applicant Preferred)	Selliera radicans, commonly known as remuremu, swampweed or bonking grass, is a creeping, herbaceous plant species found in New Zealand, Australia and Chile. S. radicans can grow to a height of 20 cm and spread to 2 metres wide. The shiny, narrow leaves can be up to 4 cm long, and have a spoon shape.
ROAD 16	Whau Court (Applicant Preferred)	Entelea arborescens or whau is a species of malvaceous tree endemic to New Zealand. E. arborescens is the only species in the genus Entelea.
ROAD 17	Taupata Drive (Applicant Preferred)	Taupata is a species of flowering shrub or small tree of the genus Coprosma, in the family Rubiaceae, native to New Zealand. Common names include taupata, tree bedstraw, mirror bush, looking-glass bush, New Zealand laurel and shiny leaf.
ROAD 18	Kumukumu Close (Applicant Preferred)	The word itself means the stumps or roots of what is cut off; the short hairs with the roots left after dressing a hog; the roots or stumps of the beard after shaving; the short stumps left after breaking off weeds instead of pulling them up.
ROAD 19	Kiokio Court (Applicant Preferred)	Parablechnum novae-zelandiae, synonym Blechnum novae-zelandiae, commonly known as palm-leaf fern or kiokio, is a species of fern found in New Zealand. It can often be found growing in clay soil on embankments and roadsides. P. novae-zelandiae has long fronds that grow up to 2 metres long by 50 cm wide.
ROAD 20	Viburnum Close (Applicant Preferred)	Viburnum is a genus of about 150–175 species of flowering plants in the moschatel family Adoxaceae. Its current classification is based on molecular phylogeny. It was previously included in the honeysuckle family Caprifoliaceae.
ROAD 21	Poinsettia Lane (Applicant Preferred)	The poinsettia is a commercially important plant species of the diverse spurge family. Indigenous to Mexico and Central America, the poinsettia was first described by Europeans in 1834. It is particularly well known for its red and green foliage and is widely used in Christmas floral displays.
ROAD 22	Lancewood Lane (Applicant Preferred)	Pseudopanax crassifolius, the horoeka or lancewood, is a New Zealand native tree belonging to the family Araliaceae. It is found throughout New Zealand from sea level up to about 750 m. The juvenile form, which lasts for between 15 and 20 years, is very easily recognized.
ROAD 24	Camellia Close (Applicant Preferred)	Camellia is a genus of flowering plants in the family Theaceae. They are found in eastern and southern Asia, from the Himalayas east to Japan and Indonesia. There are 100–300 described species, with some controversy over the exact number. There are also around 3,000 hybrids.

Pool of alternatives	Meaning (as described by applicant)
Waoriki	Also known as Ranunculus glabrifolius, often partially submerged in shallow water, wet grassland and lake, pond or tarn marginal turf communities. Sometimes in moist clearings within forest or tussock grassland.
Wharawhara	Also known as Astelia banksia, a species of lowland and coastal forests of the North Island, forming clumps 1-2m tall with relatively narrow silver-green leaves. The berries of this species are black when mature. Tolerates very dry conditions and will grow in sun or shade. An excellent addition to any garden.
Papawai	Paddling pool.
Puwha	Pūwhā is a genus of flowering plants in the dandelion tribe within the sunflower family Asteraceae and are commonly known as sow thistles. Sowthistles are annual, biennial or perennial herbs, with or without rhizomes and a few are even woody.
Whatiwhati	It means to cause, to shape into a curve; or to move or swing from side to side; or backward and forward; to rock.
Paranui	Paranui in Far North District (Northland) is located in New Zealand about 436 mi (or 701 km) north of Wellington, the country's capital.
Mamaku	Mamaku is the tallest and fastest growing New Zealand native tree fern. A symbol of new life, mamaku plays a role in the hatching of chicks and the health of mothers.
Korau	Another name for Mamaku (black fern).
Maakoako	Attractive creeping rhizomatous plant that roots at the nodes. Small dark green oval thickish leaves, with narrower stem leaves. Delicate waxy white/pink flowers with five petals on fine reddish stems.
Wharawhara	The name "wharawhara" with its derivatives denotes five species of mostly epiphytic plants, all with sheathing leaf bases and sword-shaped leaves. They were formerly classified botanically as belonging to two genera, Astelia and Collospermum, within the lily family (Liliaceae), but have since been re-classified, by at least some authorities, into a new plant family (Asteliaceae), and a single genus (Astelia).
Tukauki	Libertia grandiflora (tukauki or mikoikoi) is a flowering plant in the family Iridaceae. The species is endemic to New Zealand. The pictured bloomed plant was spotted in Christchurch botanic gardens, NZ.
Wharariki	Harakeke is a herbaceous plant, meaning its growth form is soft, not woody. The robust, sword-like leaves are arranged in two adjoining sets around the growing point (rito) to form a fan. A unique feature of harakeke and related plants is that the lower third or so of each leaf is folded together along its midrib or keel. This creates a stiff, heavy butt.
Raraki	Sonchus is a genus of flowering plants in the dandelion tribe within the sunflower family. Going by the name puha or rareke (raraki) it is frequently eaten in New Zealand as a vegetable, particularly by the native Māori.
Hangehange	Hangehange is regarded as a shrub up to 4 metres tall with lime green leaves and with slender brittle branches. It is mainly found in some lowlands and coastal forests. The bright lime green shiny pointed oval leaves are 4-8 cm long and are soft, thin and shiny, giving it a "fresh" look in a coastal forest garden. The flowers give off a distinctive vanilla or hyacinth scent, which in evenings or still weather hangs in the air. The black fruit develops in late summer in a dry black capsule, splitting in two, revealing the small orange seeds.
Tawapou	Small tree with leathery leaves that are paler underneath and with straight veins radiating from central vein more visible on the upper surface inhabiting coastal forest in the upper North Island. Twig fuzzy. Flowers tiny. Fruit 2.5-4cm long, red ripening to almost black, enclosing 2-4 hard narrow shiny seeds.
Tarawera	Mount Tarawera is a volcano on the North Island of New Zealand. Located 24 kilometres southeast of Rotorua, it consists of a series of rhyolitic lava domes that were fissured down the middle by an explosive basaltic eruption in 1886.
Whanake	Whanake, commonly known as the cabbage tree or cabbage-palm, is a widely branched monocot tree endemic to New Zealand. It grows up to 20 metres tall with a stout trunk and sword-like leaves, which are clustered at the tips of the branches and can be up to 1 metre long.
Kaiku	Small New Zealand jasmine, Parsonsia capsularis - native climbing vine which often twines around itself. Has longish leaves and white, sweet-scented, tubular flowers.
Kokaha	Its derivatives denotes five species of mostly epiphytic plants, all with sheathing leaf bases and sword-shaped leaves.
Karetu	Kāretu is a large robust grass that forms loose tufts up to about 1 m tall, although much smaller on harsh sites.
Mahuri	Young tree.
Karamu	Coprosma robusta, commonly known as karamu, is a flowering plant in the family Rubiaceae. It can survive in many climates, but is most commonly found in coastal areas, lowland forests, or shrublands. Karamu can grow to be around 6 meters tall, and grow leaves up to 12 centimetres long.

14. Assessment: All the name options listed in the table above have been assessed by the council’s Subdivision Specialist team to ensure that they meet both the Guidelines and the Standards in respect of road naming. The technical standards are considered to have been met and duplicate names are not located in close proximity. It is therefore for the local board to decide upon the suitability of the names within the local context and in accordance with the delegation.

15. Confirmation: Land Information New Zealand (LINZ) has confirmed that all of the proposed names are acceptable for use at this location.

16. Road Type: The above names include “Avenue”, “Close”, “Court”, “Lane” and “Drive”. Those are acceptable road types for the new private roads, suiting the form and layout of the COALs.

17. Consultation: Community groups and mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18. The naming of roads has no effect on climate change. Relevant environmental issues have been considered under the provisions of the Resource Management Act 1991 and the associated approved resource consent for the development.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19. The decision sought for this report has no identified impacts on other parts of the Council group. The views of council-controlled organisations were not required for the preparation of the report’s advice.

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

Local impacts and local board views

20. The decision sought for this report does not trigger any significant policy and is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

21. To aid local board decision making, the Guidelines include an objective of recognising cultural and ancestral linkages to areas of land through engagement with mana whenua, particularly through the resource consent approval process, and the allocation of road names where appropriate. The Guidelines identify the process that enables mana whenua the opportunity to provide feedback on all road naming applications and in this instance, the process has been adhered to.

22. All mana whenua were contacted by the applicant throughout the resource consent process. None of the mana whenua groups have expressed their interest on this development, except Ngati Tamaoho.

23. Ngati Tamaoho has therefore been consulted again in regard to the proposed road names on 22^nd February 2021. Ngati Tamaoho has recommended the proposed names (other than the applicant preferred names for Road 20 to 24) which were all accepted by the applicant. The applicant continued a second round of discussion with Ngati Tamaoho since 31^st May 2021 to obtain approval of using the preferred names for Road 20 to 24. The report author followed up on 5 October 2021 and received confirmation from Ngati Tamaoho that they do not oppose road names 20-24.

24. At the same time, Ngati Tamaoho advised the report author about a change in the internal policy for Ngati Tamaoho regarding the use of macrons for road names. Double vowels are now the preference and four of the proposed names were updated. The applicant and LINZ accept the changes.

25. Due to the scale of the development and its level of significance, the received comments from mana whenua are considered to be helpful in this circumstance.

26. This site is not listed as a site of significance to mana whenua.

Ngā ritenga ā-pūtea

Financial implications

27. The road naming process does not raise any financial implications for the Council.

28. The applicant has responsibility for ensuring that appropriate signage will be installed accordingly once approval is obtained for the new road names.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

29. There are no significant risks to Council as road naming is a routine part of the subdivision development process, with consultation being a key component of the process.

Ngā koringa ā-muri

Next steps

30. Approved road names are notified to LINZ which records them on its New Zealand wide land information database. LINZ provides all updated information to other users, including emergency services.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	Site Plan	83
b ⇩	Location Map	85

Ngā kaihaina

Signatories

Author

Elizabeth Salter - Subdivision Technical Officer

Authorisers

David Snowdon - Team Leader Subdivision

Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Franklin Local Board

26 October 2021

Classification of reserve parcels and landowner approval for grazing, planting and the construction of a path at Dyke Road Esplanade Reserve, Karaka

File No.: CP2021/15197

Te take mō te pūrongo

Purpose of the report

1. For the local board to classify the parcels in the Dyke Road Esplanade Reserve pursuant to s16(1) Reserves Act 1977, and to decide whether to:

i) grant landowner approval to Karaka North Village Limited to plant and fence off overland flow paths within Dyke Road Esplanade, Karaka

ii) grant landowner approval to Karaka North Village Limited to construct a path within Dyke Road Esplanade

iii) grant Karaka North Village Limited a licence to graze Dyke Road Esplanade.

Whakarāpopototanga matua

Executive summary

2. Karaka North Village Limited is undertaking a development at 69A Dyke Road and 348 Linwood Road, Karaka. As part the development, the applicant has requested landowner approval to undertake several activities and works at the adjacent Dyke Road Esplanade Reserve including:

· establish wetland style planting within overland flow paths

· fence off the planted overland flow paths

· form a walking path; and

· graze cattle via a formal licence.

3. Dyke Road Esplanade Reserve is made up of two parcels. Both parcels are unclassified Local Purpose (esplanade) Reserve subject to the Reserves Act 1977. The application highlights the statutory requirement to formally classify the parcels which vested in the Council on subdivision, as required under section 16(1) of the Reserves Act 1977.

4. Staff are generally supportive of the proposed path, planting and fencing of overland flow paths. However, staff have identified some reputational, and environmental risks associated to the grazing aspect of the proposal and some of the advice is that the application should be declined.

5. In considering the application for a grazing licence over the esplanade reserve, the local board’s decision making in the role of the administering body of the reserve needs to satisfy the Reserves Act statutory test that granting a licence for the grazing of stock would be for the proper and beneficial management of the esplanade reserve for the purpose it is held.

6. The local board indicated its general support for the proposal during a workshop held on 22 June 2021, subject to feedback from mana whenua. It was requested that a report be brought to a business meeting for formal consideration.

7. Following further consultation, mana whenua provided their support for the proposal.

8. If the local board approves all or part of the landowner approval application, then Land Advisory Services will provide the applicant with a formal approval letter, subject to the provision and approval of detailed plans showing the proposed planting, fencing and path. If approved, a grazing licence would also be drafted and provided to the applicant.

Ngā tūtohunga

Recommendation/s

That the Franklin Local Board:

a) pursuant to section 16(1) of the Reserves Act 1977 resolves to classify Lot 21 DP 154764 and Lot 19 DP 153672 as Local Purpose (Esplanade) Reserves

b) grants landowner approval to Karaka North Village Limited for the overland flow path planting and fencing at Dyke Road Esplanade, Karaka, subject to the provision and approval of detailed plans

c) grants landowner approval to Karaka North Village Limited to form a walking path within Dyke Road Esplanade, Karaka, subject to the provision and approval of detailed plans

and either

d) grants a grazing licence to Karaka North Village Limited to graze Dyke Road Esplanade, Karaka; or

e) declines the application licence to Karaka North Village Limited to graze Dyke Road Esplanade, Karaka.

Horopaki

Context

Application

9. Karaka North Village Limited is undertaking a development at 69A Dyke Road and 348 Linwood Road, Karaka. The main design concept of the applicant’s development is to provide a variety of residential living lifestyles ranging from higher intensity development to larger lifestyle lots. Extensive open space is planned to surround the rural village of which a precinct society will be created to maintain and farm. This open space would abut Dyke Road Esplanade Reserve.

10. As part the development, the applicant has requested landowner approval to undertake several activities and works at the adjacent Dyke Road Esplanade Reserve including:

· establish wetland style planting within overland flow paths

· fence off the planted overland flow paths

· form a walking path; and

· graze cattle via a formal licence.

Site details

11. Dyke Road Esplanade Reserve adjoins the applicant’s property (shown in Attachment A) and is adjacent to the Whangamarie Stream. The land comprises:

· Lot 19 DP 153672, unclassified Local Purpose (esplanade) Reserve subject to the Reserves Act 1977 vested in Auckland Council pursuant to Section 306 (4) Local Government Act 1974.

· Lot 21 DP 154764, unclassified Local Purposes (esplanade) Reserve subject to the Reserves Act 1977 vested in Auckland Council pursuant to Section 306 (4) Local Government Act 1974.

12. The esplanade reserve contains an SEA (Significant Ecological Area) which is fenced off from the rest of the esplanade reserve. The SEA is currently unmaintained and consists heavily of weeds. However, the portion of esplanade reserve that is not SEA is not fenced off from the adjacent development land. It is currently grazed as a dairy farm along with the development site without formal permission from council, which has consequently kept weeds out of the wider esplanade. Attachment B illustrates an example of how the SEA boundary differs from the esplanades boundary and shows that it in some cases spans the entire width of the esplanade, physically segmenting the reserve with fences and vegetation. The area proposed to be grazed under a temporary licence is a limited to approximately 50% of the reserve, which sits outside the fenced SEA zones of the reserve.

Tātaritanga me ngā tohutohu

Analysis and advice

Planting and fencing of over land flow paths

13. The applicant intends to undertake wetland style planting in the overland flow paths within their property and fence them off from stock. These overland flow paths extend into the reserve (roughly shown in Attachment C) and the applicant has requested permission to continue their planting into the reserve. Fencing would also be extended into the council owned land to exclude cattle from the overland flow paths and planting, if the local board chooses to approve the grazing of the esplanade. Because the SEA’s are already fenced on the reserve this further fencing would only add to the current inability of the public to walk a direct path across the Council’s reserve. However this would be mitigated by the proposed path which will weave through the applicant’s land as well as the reserve thereby affording public access along the reserve, except in some locations where they would be required to use fence crossings (which are discussed below).

14. Council staff are supportive of the planting as it will have a positive effect on the reserve, both environmentally and from a visual amenity perspective. However, the planting would only require fencing off if grazing is approved within the reserve to protect it from cattle.

Path

15. As part of the development, the applicant also intends to create a path along the boundary of their property and the reserve. At this stage, the path is proposed to be kept entirely within the applicant’s property (see Attachment D). However, the applicant has requested permission to instead weave the path in and out of the esplanade as site contours allow. In terms of impact on the reserve the applicant has proposed that the path would only be a mown strip of grass and that the intention is that over time it will become ‘formed’ by people using it. Where the path is required to cross the overland flow paths and areas of SEA, the applicant proposes to build the necessary crossings to council standards.

16. The proposed path would require users to cross several fences that separate the existing paddocks. Fence crossings are proposed to be achieved by styles. As such, the path would not be accessible by all people. However, given most the proposed path will traverse uneven and reasonably steep terrain already, thereby inherently posing accessibility challenges, such fence crossings are considered reasonable.

17. The path is supported by staff as it will allow access and enjoyment of the reserve where it is currently not possible.

Grazing

18. Finally, the applicant is seeking a grazing licence from council to allow the continued grazing the esplanade reserve.

19. Currently the esplanade is grazed as part of the wider dairy farm without formal permission from council. The applicant proposes that they be licenced to continue grazing the esplanade with a reduced number of young cattle of up to 12 months old.

20. The existing fenced SEA contains a lot of weeds and is generally unmaintained. However, weeds are generally contained entirely within this area, indicating that the grazing cattle have been keeping weeds out of the wider esplanade reserve (see Attachment E). The applicant has suggested that the continued grazing of the esplanade reserve with cattle would continue to keep weeds suppressed and stop them from spreading into the reserve, as well as keeping the grass down, thereby reducing council’s maintenance requirements.

21. Appropriate signage would be required to warn the public using the path to not interfere with the stock or go too close to them.

22. It is proposed that the grazing licence could be terminated within a relatively short timeframe once council is ready to take over the maintenance of the esplanade. At this point a boundary stock fence would be constructed. A condition stipulating a reasonable termination period would be included in any licence agreement provided to the applicant.

Statutory decision-making considerations (grazing)

23. In considering the application for a grazing licence over the esplanade reserve, under section 61(2A)(b) of the Reserves Act the local board would need to satisfy itself that the licence would be for the proper and beneficial management of the reserve for the purpose it is held.

24. The purpose/s for which the esplanade reserve is held are found in section 229 of the Resource Management Act 1991:

229 Purposes of esplanade reserves and esplanade strips

An esplanade reserve or an esplanade strip has 1 or more of the following purposes:

(a) to contribute to the protection of conservation values by, in particular,—

(i) maintaining or enhancing the natural functioning of the adjacent sea, river, or lake; or

(ii) maintaining or enhancing water quality; or

(iii) maintaining or enhancing aquatic habitats; or

(iv) protecting the natural values associated with the esplanade reserve or esplanade strip; or

(v) mitigating natural hazards; or

(b) to enable public access to or along any sea, river, or lake; or

(c) to enable public recreational use of the esplanade reserve or esplanade strip and adjacent sea, river, or lake, where the use is compatible with conservation values

25. Given the public cannot currently access the reserve, it is reasonable to state the primary purposes of this reserve would be found in (a) above however the reserve’s purpose would change to include (b) above if the public were to gain access to the reserve. These purposes highlight the values that the Reserves Act is intended to protect as set out in section 3.

26. Given the above conservation purposes, there is added direction from the government that provides further context on what protecting and enhancing waterbodies requires. In making its decision, Council should consider the National Policy Statement for Freshwater Management 2020 (NPS), particularly the following objective:

The objective of this National Policy Statement is to ensure that natural and physical resources are managed in a way that prioritises:

(a) first, the health and well-being of water bodies and freshwater ecosystems

(b) second, the health needs of people (such as drinking water)

(c) third, the ability of people and communities to provide for their social, economic, and cultural well-being, now and in the future.

27. Additionally, the Resource Management (Stock Exclusion) Regulations 2020 came into force last year and require that stock must be excluded from rivers (that have a bed wider than 1 metre) and must not be allowed closer than 3 metres to the edge of such a river. The regulations apply to persons in control of stock and are being phased in over a number of years to provide farmers lead time to afford fencing their land. In this instance the land is esplanade reserve owned by the council, not a farm. The proposed grazing licence over the reserve includes some areas within the reserve that the stock could come closer than 3 meters from the edge of the river. In that case, a grazing licence would afford the stock manager a right that is inconsistent with the regulations. Such a grant would be out of step with the government’s direction on what conservation of waterbodies entails under the NPS and adds legislative guidance for the appropriate management of an esplanade reserve held for the primary purpose of conservation. Further granting such a licence would pose a potential reputational risk for council.

28. Council should also consider whether it is likely that granting of a grazing licence would have the effect of excluding or restricting public access to the esplanade reserve (i.e. because of the cattle on the land). If so, then there is an additional test found in s23(2)(a) of the Reserves Act that also must be satisfied that the local board “determines that access should be prohibited or restricted to preserve the stability of the land or the biological values of the reserve”.

Tauākī whakaaweawe āhuarangi

Climate impact statement

29. The proposed overland flow path planting will have a positive climate impact due to increased carbon capture.

30. Any path asset created along the esplanade reserve may be subject to risks associated to sea level rise and coastal erosion.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

31. The following staff have been consulted on this landowner approval application:

· Parks and Places Specialist, Parks Services

· Senior Parks Planner, Parks Services

· Manager Farm Business & Operations, Community Facilities

· Facilities Manager, Community Facilities

· Area Manager, Community Facilities

· Senior Healthy Waters Specialist, Healthy Waters

· Freshwater Ecology Specialist, Specialist Input (Regulatory Services)

32. Staff are generally supportive of the proposed planting and path; however there are environmental and reputational concerns with the proposed grazing licence. Staff concerns were described in a memo and discussed during a workshop held on 22 June 2021.

33. Essentially, a trade-off is being proposed by the application, between council’s obligations over the environmental values of the reserve and the public access and enjoyment values.

· The applicant proposes that allowing grazing in the reserve would consequentially facilitate public access to and enjoyment of the reserve by enabling the construction of the proposed path and crossings. However, staff advice is that the grazing may yield poor environmental outcomes that do not accord with the primary purpose this esplanade reserve is held for, and the government’s framework for management of freshwater resources. This decision may come with a reputational risk to council.

· Declining grazing will result in the reserve’s continued inaccessibility and an opportunity loss with respect to the recreational benefits, namely the path and crossing infrastructure proposed to be provided by the applicant. However, this decision would have a better overall environmental outcome and less potential reputational risk.

34. The local board may make whatever decision it considers would be most appropriate for the proper and beneficial management of the reserve for the purpose it is held (see paragraphs 24-26).

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

Local impacts and local board views

35. Staff understand that the construction of a path along Dyke Road Esplanade Reserve is an aspiration of the Franklin Local Board. The applicant’s proposed path could allow an early realisation of that vision for this stretch of the river and provide the public with access to the reserve where there is currently none. Once council is ready to build its own path, the applicant’s path could be integrated with the council owned path and would provide connections to the applicant’s development.

36. According to minutes provided by the applicant, on 25 February 2020 the applicant presented their development proposal to the local board, along with their plans for the reserve. A site visit was also held on 29 October 2020 which some of the local board also attended.

37. During a workshop held on 22 June 2021, the local board expressed a desire to support the landowner approval application. The board requested the application be reported to a business meeting for formal consideration, including any additional feedback and advice from mana whenua. Following further consultation, mana whenua provided their support for the proposal.

Tauākī whakaaweawe Māori

Māori impact statement

38. The applicant has advised that they have been in ongoing consultation with mana whenua regarding this proposal. Specifically, Ngāti Te Ata, Te Ākitai Waiohua and Ngāti Tamaoho have been provided with the landscape management plan, which referred to the applicant’s intention to graze the reserve, and have provided feedback and support for it.

39. On 9 July 2021, mana whenua were contacted in writing by council regarding the subject proposal to ensure there were no outstanding concerns. Ngāti Tamaoho representatives advised that they were supportive of the proposal. Ngāti Te Ata also expressed support for the comments of Ngāti Tamaoho.

Ngā ritenga ā-pūtea

Financial implications

40. The reserve is currently unmaintained and therefore its costs to council are minor. The continued grazing of the reserve will mean that while it is taking place, the grass and weeds will be managed at no cost to council. No fee is proposed to be charged as part of the grazing licence, however the applicant’s works of planting and path creation can be regarded as consideration for the licence.

41. Additionally, planting and forming a path through the esplanade reserve is part of the Franklin Local Board’s long-term vision for this space. As such, the subject proposal will save council on future planting and path development costs.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

42. The main risks associated to this landowner approval are reputational and environmental and relate to the grazing aspect of the proposal. These risks are described in paragraphs 23-28 and summarised in paragraph 33.

Ngā koringa ā-muri

Next steps

43. If the local board approves this landowner approval application, then Land Advisory Services will provide the applicant with a formal approval letter, subject to the provision and approval of detailed plans showing the proposed planting, fencing and path. A grazing licence will also be drafted and provided to the applicant.

Ngā tāpirihanga

Attachments

No.	Title	Page
a ⇩	GIS image of Dyke Road Esplande Reserve	95
b ⇩	Illustration of SEA boundary VS esplanade boundary	97
c ⇩	Approximate locations of proposed reserve planting	99
d ⇩	Proposed development paths	101
e ⇩	Photo of SEA boundary	103

Ngā kaihaina

Signatories

Author

Devin Grant-Miles - Land Use Advisor

Authorisers

Darren Cunningham – Land Use Manager

Eli Ewens – Manager Area Operations

Kim O’Neill – Heaod of Property and Commercial Business

Taryn Crewe – General Manager Community Facilities

Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Franklin Local Board

26 October 2021

Urgent Decision -Franklin Local Board feedback on the Government’s Managing Our Wetlands amendment proposal.

File No.: CP2021/15184

Te take mō te pūrongo / Purpose of the report

1. To report on the Urgent Decision made by Franklin Local Board to provide feedback for inclusion in Auckland Council’s submission on the Government’s Managing Our Wetlands amendment proposal.

Whakarāpopototanga matua / Executive summary

2. At its meeting on 26 November 2019 the Franklin Local Board resolved (FR/2019/168) the following in relation to urgent decision-making:

That the Franklin Local Board:

a) adopt the urgent decision-making process for matters that require a decision where it is not practical to call the full board together and hold a meeting with requirements of a quorum.

b) delegate authority to the chair and deputy chair, or any person acting in these roles, to make urgent decisions on behalf of the local board.

c) agree that the relationship manager (or any person/s acting in this role) will authorise the urgent decision-making process by signing off an authorisation memo.

d) note that all urgent decisions will be reported to the next ordinary business meeting of the local board.

3. Auckland Council were given the opportunity to provide feedback on the Government’s Managing Our Wetlands amendment proposal.

4. Staff were preparing a council group submission on the Managing Our Wetlands proposal, framed by the discussion document questions. The Planning Committee of the Governing body delegated authority to the Chair of the Planning Committee, the Chair of the Environment and Climate Change Committee, the Deputy Mayor and a member of the Independent Māori Statutory Board to approve Auckland Council’s submission on central government’s proposals in the Managing Our Wetlands discussion document before 27 October 2021.

5. Franklin Local Board was invited to attend a local board member briefing on this topic on 4 October 2021 and subsequently discussed their feedback with the Chair and Deputy Chair of the Franklin Local Board prior to informing this urgent decision.

6. Formal feedback from local boards received by 8 October 2021 allowed time for appropriate consideration and influence on Council’s overall feedback. Therefore, the opportunity for the local board to formalise its feedback by resolution falls outside of the scheduled business meeting times.

Ngā tūtohunga / Recommendation/s

That the Franklin Local Board:

a) note their disappointment that the Central Government consultation timeline did not provide sufficient time for all of Auckland’s elected members to receive an appropriate level of advice that would inform effective feedback on local environmental, social and economic implications of this proposal

b) provide feedback to the Governing Body on the Government’s Managing Our Wetlands amendment proposal and request that this is included in the development of the Auckland Council submission as follows:

Definition of ‘natural wetland’

i) support refining the definition of ‘natural wetland’ to the extent proposed, so that it can be more readily interpreted and applied, and remove unintended consequences arising from the regulatory definition in the National Environmental Standards for Freshwater 2020, while ensuring that the policy intent to protect natural wetlands is not diminished

Better provision for restoration, maintenance and biosecurity activities

ii) support proposed regulatory amendments that seek to improve how restoration, maintenance and biosecurity activities can be undertaken within a natural wetland,

A) it is critical that maintenance is considered a permitted activity to allow community, landowners and Tangata Whenua to maintain the integrity and environmental benefits of wetland environments

B) consider that the 100-metre distance as a trigger for wetland provisions may still create unreasonable barriers to local activities e.g. farming or recreational activities, and that further work to refine this trigger to support a permissive approach to harmless activity would be beneficial

Consenting pathway for quarrying, landfills, mining and cleanfills

iii) support additional consenting pathways and gateway tests for the following activities within a wetland, or within 100 metres of a natural wetland with comments as follows:

A) note that quarries are a necessity for growth/urban development, including housing and infrastructure projects and that quarries are already heavily modified environments and therefore should be favourably considered in terms of consenting pathways

B) support inclusion of landfills, but not necessarily at the discretionary activity status proposed

C) support inclusion of mining (minerals), but not necessarily at the discretionary activity status proposed

D) support inclusion of cleanfills on the same terms as quarries on the basis that:

· clean fills are as important to development as quarries.

· most large clean fills are in gullies which are by nature wet and capacity to accommodate small clean fills in areas without wetlands is over-estimated.

· large, well run and economically viable cleanfill operations should be encouraged based on their ability to mitigate impacts on wetlands and streams

· creating barriers for resourced operations will generate small operations that are more likely to take shortcuts to remain viable.

iv) note that there is a demand for cleanfill sites that are close to quarry sites, including those adjacent to wetland areas. This is evident in Drury, where trucks can travel to the location with clean-fill and return to site with aggregate from an adjacent site. This arrangement is an efficiency in vehicle movements, is a benefit in terms of carbon emission and should be a gateway test that should be available for potential cleanfill sites

v) suggest that provision for built structures that improve active transport such as boardwalks through low to mid-grade, induced or artificial wetlands are specifically considered in terms of permitted activities, noting that pathways will and do generate earthworks in or within 100m from wetlands and that these facilities create significant public and environmental benefits

Consenting pathway for plan-enabled development

vi) consider that the definition of natural wetland should include urban grassed areas as a matter of equity. Environmental management is not solely a rural issue and urban based interests should not be excluded from responsibility for the environment and associated consequences

Consent thresholds for regulation 54(c) of the NES-Freshwater within a 100m setback from a natural wetland

vii) do not support the 100m setback as a strict threshold on the basis that this may still create unreasonable barriers to local activities in the Franklin Local Board area e.g. rural or recreational activities and that further work to refine this trigger to support a ‘case by case’ assessment of activities would be beneficial

Ngā tāpirihanga / Attachments

No.	Title	Page
a ⇩	Urgent Decision_Franklin Local Board feedback on the Government’s Managing Our Wetlands amendment proposal.	109

Ngā kaihaina / Signatories

Author	Denise Gunn - Democracy Advisor
Authoriser	Carol McKenzie-Rex - Local Area Manager Franklin, Manurewa, Papakura

Chairperson	Andrew Baker
Deputy Chairperson	Angela Fulljames
Members	Malcolm Bell
	Alan Cole
	Sharlene Druyven
	Amanda Kinzett
	Matthew Murphy
	Logan Soole

No.	Title	Page
a ⇩	7 September 2021 Franklin Local Board workshop record	121
b ⇩	14 September 2021 Franklin Local Board workshop record	123
c ⇩	21 September 2021 Franklin Local Board workshop record	125
d ⇩	28 September 2021 Franklin Local Board workshop record	127