Ōrākei Local Board

OPEN MINUTES

Minutes of a meeting of the Ōrākei Local Board held using electronic means on Thursday, 21 October 2021 at 3.00pm. A written summary will be uploaded on the Auckland Council website.

present

Chairman	Mr Scott Milne, JP
Deputy Chairman	Troy Elliott
Members	Troy Churton
	Colin Davis, JP	From 3.15pm, during item 10.1
	Sarah Powrie
	Margaret Voyce
	David Wong, JP

Note:   Ōrākei Local Board members, support staff and those presenting to the meeting attended

via electronic link.

Ōrākei Local Board 21 October 2021

1          Welcome

            Chairman Scott Milne opened the meeting and welcomed those present.

Note:   A roll call was conducted by Chairman Scott Milne that ascertained the following members

were in attendance at the commencement of the meeting:

Chairman Scott Milne                         ✓                     Member Sarah Powrie              ✓

Deputy Chairman Troy Elliott             ✓                     Member Margaret Voyce                      ✓

Member Troy Churton                        ✓                     Member David Wong                            ✓

Member Colin Davis                                                              

2 Apologies

That the Ōrākei Local Board accept the apology from member Collin Davis for lateness due to technical difficulties.

3          Declaration of Interest

There were no declarations of interest.

4          Confirmation of Minutes

Resolution number OR/2021/157

MOVED by Chairman S Milne, seconded by Deputy Chairman T Elliott:

That the minutes of the Ōrākei Local Board meeting held on Thursday, 16 September 2021 be confirmed as true and correct.

CARRIED

5          Leave of Absence

There were no requests for leave of absence.

6          Acknowledgements

There were no acknowledgements.

7          Petitions

There were no petitions.

8          Deputations

There were no deputations.

9          Public Forum

There was no public forum.

10        Extraordinary Business

10.1	Extraordinary  Business - Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill (Bill)
	An item was presented to the local board for consideration under extraordinary business in accordance with Standing Order 3.5. The item seeks local board support to present board views on the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill (Bill) to the Planning Committee on 4 November.  This item is considered urgent as until the Bill has progressed in Parliament we will not know what if any timeframes are available to council to make representation on the Bill.  The discussion item cannot wait until the next meeting of the local board, scheduled on Thursday, 18 November 2021, due to the Planning Committee meeting to discuss the Bill on the 4 November 2021. The Board was asked to consider the matter as an item of extraordinary business during item 23 at its 21 October 2021 business meeting.
	Resolution number OR/2021/158 MOVED by Chairman S Milne, seconded by Member D Wong: That the Ōrākei Local Board: a)      agree to consider an item of extraordinary business during item 23 of its 19 October 2021 business meeting. CARRIED

11        Notices of Motion

Under Standing Order 7.1, a Notice of Motion has been received from Member Troy

Churton for consideration under item 12.

12

Notice of Motion - Member Troy Churton - Hakumau Reserve – Outboard Boating Club (OBC)

In terms of Standing Order 7.5 Board Member Churton sought consent of the meeting to alter the Notice of Motion as follows.  The meeting agreed.

MOVED by Member T Churton, seconded by Member D Wong:

That the Ōrākei Local Board:

a) confirm the Ōrākei Local Board's resolution from its business meeting on 20 August 2020 (resolution OR/2020/71) as follows:

MOVED by Chairman S Milne, seconded by Member C Davis:

That the Ōrākei Local Board:

a) has had regard to the following requirements and principles of the Reserves Act 1977 in relation to Hakumau Reserve to provide for the preservation and management of Hakumau Reserve for the benefit and enjoyment of the public in particular active and passive recreational use of the Reserve, and its environmental and potential landscape amenity, ensuring as far as possible the preservation of access for the public to and along the sea coast of Hobson Bay and fostering and promoting the preservation of the coastal environment.

b) taking into account these principles, approve the following outcomes for Hakumau Reserve (3-5 Tāmaki Drive, Auckland), as described in the report:

·  Placemaking

·  Youth spaces and facilities

·  Fitness

·  Recreation and play

·  Site activation

·  Boating.

c)      approve in principle a proposed lease footprint with the Outboard Boating Club no more than half of Hakumau Reserve having regard to the above outcomes.

d)      enter into lease discussions with the Outboard Boating Club, based on the following principles as the starting point for a lease agreement with the Outboard Boating Club at Hakumau Reserve:

·  a long term (33 year) commercially based lease (value to be guided by independent market valuation)

·  Outboard Boating Club securing and controlling entry to the leased area with fencing and a vehicle barrier arm

·  re-design and relocation of Outboard Boating Club’s Tāmaki Drive fence to southern side of the Pohutukawa trees in alignment with the proposed lease boundary

·  adequate marketing by Outboard Boating Club (clearly visible entrance signage and online information) to enable public use of at least two ramps (as per consent conditions)

·  providing pedestrian access over the leased area via a pedestrian gate that is open during daylight hours

·  providing a licence with conditions to some or all of the area which Outboard Boating Club currently occupies but that falls outside of the proposed lease area  

·  providing board landowner approval at a later date to allow Outboard Boating Club reconfiguration of lease area including the potential build of a new entrance from Tāmaki Drive.

e)      request the Community Facilities Property and Commercial team enter into lease negotiations with the Outboard Boating Club on the basis of the proposed lease footprint and principles set out in this report.

b) request that the Board received a full briefing on the progress of the lease negotiations at its workshop held on 14 October 2021.

c) note that a lease for the reserve requires public notification and iwi engagement and that the Board wishes to advertise the intent to consider a lease prior to 10 December 2021 as the Reserves Act requires advertisements after this date to have an extended public notification period until February 2022.

d) request that negotiations be concluded to the satisfaction of the Ōrākei Local Board to enable a formal decision to be considered at the Board business meeting on the 18 November 2021 to commence public notification before 10 December 2021.

e) if a decision cannot be reached at the business meeting on the 18 November due to negotiations failing, the board agree to cease negotiations.

f) request if negotiations are not concluded, staff initiate the removal of the present fence along the Tamaki Drive side of that area of Hakumau Reserve currently occupied by the Outboard Boating Club, and the removal of the vehicle barrier arm securing and controlling public entry into that part of Hakumau Reserve as soon as possible within the current 2021/2022 budget year.

g) request if negotiations cease, Council staff to advise the Board on alternative uses for Hakumau Reserve to achieve the Board's vision for the whole of Hakumau Reserve inclusive of areas currently demarcated into carparking, mini golf, and Outboard Boating Club's fenced open space.

Note: Member S Powrie moved the following amendment which was split into two parts for voting.

Speech notes to amendments to the motion were provided.  A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment.

Resolution number OR/2021/159

MOVED by Member S Powrie, seconded by Member M Voyce: an amendment to add items h) as below:

That the Ōrākei Local Board:

h) agree to continue to work with the Parks and Reserves team at Auckland Council to offer the Outboard Boating Club a lease for an agreed area of Hakumau Reserve, with an annual payment at, or similar to, that proposed by officers and agreed in principle by the Club.

A division was called for, voting on which was as follows:

For Deputy Chairman T Elliott Chairman S Milne Member S Powrie Member M Voyce

Against Member T Churton Member C Davis Member D Wong

Abstained

The motion was declared carried by 4 votes to 3.

CARRIED

Resolution number OR/2021/160

MOVED by Member S Powrie, seconded by Member M Voyce: an amendment to add item i) as below:

That the Ōrākei Local Board:

i) request that the lease arrangement be referred to as a hybrid community lease and not a commercial or a community lease.

A division was called for, voting on which was as follows:

For Member T Churton Member C Davis Deputy Chairman T Elliott Chairman S Milne Member S Powrie Member M Voyce Member D Wong

Against

Abstained

The motion was declared carried by 7 votes to 0.

CARRIED

The substantive motion as amended was taken in parts in terms of Standing Order 8.1.5.

Clauses a), b) and c) were put together.

Resolution number OR/2021/161

MOVED by Member T Churton, seconded by Member D Wong:

That the Ōrākei Local Board:

a)      confirm the Ōrākei Local Board's resolution from its business meeting on 20 August 2020 (resolution OR/2020/71) as follows:

That the Ōrākei Local Board:

a) has had regard to the following requirements and principles of the Reserves Act 1977 in relation to Hakumau Reserve to provide for the preservation and management of Hakumau Reserve for the benefit and enjoyment of the public in particular active and passive recreational use of the Reserve, and its environmental and potential landscape amenity, ensuring as far as possible the preservation of access for the public to and along the sea coast of Hobson Bay and fostering and promoting the preservation of the coastal environment.

b) taking into account these principles, approve the following outcomes for Hakumau Reserve (3-5 Tāmaki Drive, Auckland), as described in the report:

·  Placemaking

·  Youth spaces and facilities

·  Fitness

·  Recreation and play

·  Site activation

·  Boating.

c)      approve in principle a proposed lease footprint with the Outboard Boating Club no more than half of Hakumau Reserve having regard to the above outcomes.

d)      enter into lease discussions with the Outboard Boating Club, based on the following principles as the starting point for a lease agreement with the Outboard Boating Club at Hakumau Reserve:

·  a long term (33 year) commercially based lease (value to be guided by independent market valuation)

·  Outboard Boating Club securing and controlling entry to the leased area with fencing and a vehicle barrier arm

·  re-design and relocation of Outboard Boating Club’s Tāmaki Drive fence to southern side of the Pohutukawa trees in alignment with the proposed lease boundary

·  adequate marketing by Outboard Boating Club (clearly visible entrance signage and online information) to enable public use of at least two ramps (as per consent conditions)

·  providing pedestrian access over the leased area via a pedestrian gate that is open during daylight hours

·  providing a licence with conditions to some or all of the area which Outboard Boating Club currently occupies but that falls outside of the proposed lease area  

·  providing board landowner approval at a later date to allow Outboard Boating Club reconfiguration of lease area including the potential build of a new entrance from Tāmaki Drive.

e)      request the Community Facilities Property and Commercial team enter into lease negotiations with the Outboard Boating Club on the basis of the proposed lease footprint and principles set out in this report.

b) note that the Board has received a full briefing on the progress of the lease negotiations at its workshop held on 14 October 2021.

c) note that a lease for the reserve requires public notification and iwi engagement and that the Board wishes to advertise the intent to consider a lease prior to 10 December 2021 as the Reserves Act requires advertisements after this date to have an extended public notification period until February 2022.

CARRIED

MOVED by Member T Churton, seconded by Member D Wong:

That the Ōrākei Local Board:

d) request that negotiations be concluded to the satisfaction of the Ōrākei Local Board to enable a formal decision to be considered at the Board business meeting on the 18 November 2021 to commence public notification before 10 December 2021.

A division was called for, voting on which was as follows:

For Member T Churton

Against Member C Davis Deputy Chairman T Elliott Chairman S Milne Member S Powrie Member M Voyce Member D Wong

Abstained

The motion was declared lost by 1 vote to 6.

lost

MOVED by Member T Churton, seconded by Member D Wong:

That the Ōrākei Local Board:

e) if a decision cannot be reached at its business meeting on 18 November 2021 due to negotiations failing, the board agree to cease negotiations.

A division was called for, voting on which was as follows:

For Member T Churton

Against Member C Davis Deputy Chairman T Elliott Chairman S Milne Member S Powrie Member M Voyce Member D Wong

Abstained

The motion was declared lost by 1 vote to 6.

lost

That the Ōrākei Local Board:

f) request if negotiations are not concluded, that staff initiate the removal of the present fence along the Tamaki Drive side of that area of Hakumau Reserve currently occupied by the Outboard Boating Club, and the removal of the vehicle barrier arm securing and controlling public entry into that part of Hakumau Reserve as soon as possible within the current 2021/2022 budget year. 

A division was called for, voting on which was as follows:

For Member T Churton Member C Davis Member D Wong

Against Deputy Chairman T Elliott Chairman S Milne Member S Powrie Member M Voyce

Abstained

The motion was declared lost by 3 votes to 4.

lost

That the Ōrākei Local Board:

g) request if negotiations cease, Council staff to advise the Board on alternative uses for Hakumau Reserve to achieve the Board's vision for the whole of Hakumau Reserve inclusive of areas currently demarcated into carparking, mini golf, and Outboard Boating Club's fenced open space.

A division was called for, voting on which was as follows:

For Member T Churton Member C Davis Member D Wong

Against Deputy Chairman T Elliott Chairman S Milne Member S Powrie Member M Voyce

Abstained

The motion was declared lost by 3 votes to 4.

lost

Resolution number OR/2021/162

MOVED by Member S Powrie, seconded by Member M Voyce:

That the Ōrākei Local Board:

h) agree to continue to work with the Parks and Reserves team at Auckland Council to offer the Outboard Boating Club a lease for an agreed area of Hakumau Reserve, with an annual payment at, or similar to, that proposed by officers and agreed in principle by the Club.

A division was called for, voting on which was as follows:

For Member C Davis Deputy Chairman T Elliott Chairman S Milne Member S Powrie Member M Voyce Member D Wong

Against Member T Churton

Abstained

The motion was declared carried by 6 votes to 1 as proposed by officers and agreed in principle by the Club.

CARRIED

Resolution number OR/2021/163

MOVED by Member S Powrie, seconded by Member M Voyce:

That the Ōrākei Local Board:

i) request that the lease arrangement be referred to as a hybrid community lease and not a commercial or a community lease.

CARRIED

The substantive motion was put.

Note:  As items 12 d), 12 e) and 12 f) in the original motion  did not obtain enough votes to be carried and the amendments passed as item 12 h) and 12 i) were carried, items 12 h) and 12 i) become 12 d) and 12 e) in the substantive motion. The Board’s declared resolution is as follows:

That the Ōrākei Local Board:

a) confirm the Ōrākei Local Board's resolution from its business meeting on 20 August 2020 (resolution OR/2020/71) as follows:

That the Ōrākei Local Board:

c) has had regard to the following requirements and principles of the Reserves Act 1977 in relation to Hakumau Reserve to provide for the preservation and management of Hakumau Reserve for the benefit and enjoyment of the public in particular active and passive recreational use of the Reserve, and its environmental and potential landscape amenity, ensuring as far as possible the preservation of access for the public to and along the sea coast of Hobson Bay and fostering and promoting the preservation of the coastal environment.

d) taking into account these principles, approve the following outcomes for Hakumau Reserve (3-5 Tāmaki Drive, Auckland), as described in the report:

·  Placemaking

·  Youth spaces and facilities

·  Fitness

·  Recreation and play

·  Site activation

·  Boating.

c)      approve in principle a proposed lease footprint with the Outboard Boating Club no more than half of Hakumau Reserve having regard to the above outcomes.

d)      enter into lease discussions with the Outboard Boating Club, based on the following principles as the starting point for a lease agreement with the Outboard Boating Club at Hakumau Reserve:

·  a long term (33 year) commercially based lease (value to be guided by independent market valuation)

·  Outboard Boating Club securing and controlling entry to the leased area with fencing and a vehicle barrier arm

·  re-design and relocation of Outboard Boating Club’s Tāmaki Drive fence to southern side of the Pohutukawa trees in alignment with the proposed lease boundary

·  adequate marketing by Outboard Boating Club (clearly visible entrance signage and online information) to enable public use of at least two ramps (as per consent conditions)

·  providing pedestrian access over the leased area via a pedestrian gate that is open during daylight hours

·  providing a licence with conditions to some or all of the area which Outboard Boating Club currently occupies but that falls outside of the proposed lease area  

·  providing board landowner approval at a later date to allow Outboard Boating Club reconfiguration of lease area including the potential build of a new entrance from Tāmaki Drive.

e)      request the Community Facilities Property and Commercial team enter into lease negotiations with the Outboard Boating Club on the basis of the proposed lease footprint and principles set out in this report.

CARRIED

b) note that the Board has received a full briefing on the progress of the lease negotiations at its workshop held on 14 October 2021;

c) note that a lease for the reserve requires public notification and iwi engagement and that the Board wishes to advertise the intent to consider a lease prior to 10 December 2021 as the Reserves Act requires advertisements after this date to have an extended public notification period until February 2022;

d) agree to continue to work with the Parks and Reserves team at Auckland Council to offer the Outboard Boating Club a lease for an agreed area of Hakumau Reserve, with an annual payment at, or similar to, that proposed by officers and agreed in principle by the Club

e) request that the lease arrangement be referred to as a hybrid community lease and not a commercial or a community lease.

CARRIED

Attachments

a     21 October 2021 - Orakei Local Board - Item 12 Notice of Motion Member Troy Churton - Hakumau Reserve – Outboard Boating Club (OBC), speech notes to amendment by Member Sarah Powrie

13

Ōrākei Local Board Transport Capital Fund Decision

Resolution number OR/2021/164 MOVED by Member S Powrie, seconded by Member M Voyce: That the Ōrākei Local Board: a) allocate the local board transport capital fund in part as follows: i) Roberta Reserve Playground Crossing ($260,000) ii) a new pedestrian crossing and to include a drop-off zone on Coates Avenue to support Ōrākei School ($300,000) iii) raising the crossing at approximately 274 Victoria Avenue to support Victoria Avenue School ($260,000) iv) a bus shelter in Stonefields at bus stop number 1317 ($40,000) v) a bus shelter at approximately 131 St Johns Road, St Johns ($40,000), noting the raised crossing project and request to investigate the relocation of the shelter if required. b) note that in choosing the projects near schools and playground (i,ii and iii) they highlight the need for continued safety measures to be implemented around our schools particularly for those walking and cycling. CARRIED

14

Ōrākei Local Board Feedback on Te Kete Rukuruku: Māori Renaming of Regional Parks

Resolution number OR/2021/165 MOVED by Member C Davis, seconded by Member T Churton: That the Ōrākei Local Board: a) provide the following feedback on Te Kete Rukuruku: Māori Naming of Regional Parks tranche one: i) support in principle the initial dual naming of the selected regional parks ii) note the purpose of the proposed dual naming is to add contemporary and ancestral te reo Māori names to the regional parks presently having names in the English language iii) do not support the removal of English names from any parks iv) agree that Dual naming provides the opportunity with on-site interpretation signage to create better awareness and understanding of the background to both the Māori and English names v) consider that the dual names be given equal status in terms of script, font and emphasis on all signage vi) note that the large tracts of land which are now designated as regional parks have both Māori and English heritage. English names are commonly used for regional parks naming to acknowledge previous land ownership and/or to acknowledge the generous public-spirited gifting of that land for the recreational benefit of Aucklanders and visitors and vii) note that the Board is not aware of the previous European ownership of the land now known as Omana Park or how it was acquired for a regional park, although it was part of William Fairburn’s Maraetai Mission Station. CARRIED

15

Regional Streets For People Programme

Resolution number OR/2021/166 MOVED by Chairman S Milne, seconded by Deputy Chairman T Elliott: That the Ōrākei Local Board: a) agree that the following project(s), be considered for inclusion in the expression of interest application for the Regional Streets for People programme: i) Colin Maiden Park connecting route to align with the Ōrākei Local Paths (greenway) programme plan. b) delegate authority to Member Sarah Powrie to finalise and submit the expression of interest application to the Regional Streets for People programme before the end of October 2021. CARRIED

16

Summary of Confidential Decisions and related information released into Open

Resolution number OR/2021/167 MOVED by Member C Davis, seconded by Member M Voyce: That the Ōrākei Local Board: a)      note that the previous confidential information; 2020/2021 Ōrākei Local Board Annual Report and the Operating Performance Financial Summary, is now publicly available, having previously been considered by the Board with the public excluded because the confidential information related to council’s annual financial results, which were required to remain confidential until after the Auckland Council group results for 2020/2021 were released to the New Zealand Stock Exchange. CARRIED

17	Urgent Decision - Ōrākei Local Board feedback on the Three Waters reform proposal
	Resolution number OR/2021/168 MOVED by Chairman S Milne, seconded by Member D Wong: That the Ōrākei Local Board: a)      note the urgent decision to formally provide the Ōrākei Local Board’s feedback on the Three Waters reform proposal for consideration for inclusion in the draft Auckland Council’s submission approved by the Governing Body at its meeting on 23 September 2021. CARRIED

18

Urgent Decision - Ōrākei Local Board Feedback on the Managing Our Wetlands Amendment Proposal

Resolution number OR/2021/169 MOVED by Member M Voyce, seconded by Deputy Chairman T Elliott: That the Ōrākei Local Board: a)       endorse the urgent decision to formally provide the Ōrākei Local Board’s feedback on the Managing Our Wetlands amendment proposal and endorse the Boards feedback to be considered for inclusion in Auckland Council’s submission to central government due 27 October 2021. CARRIED

19	Chairman and Board Member October 2021 report
	Resolution number OR/2021/170 MOVED by Chairman S Milne, seconded by Member D Wong: That the Ōrākei Local Board Chairman and Board Member October 2021 report be received. CARRIED

20	Governance Forward Work Calendar
	Resolution number OR/2021/171 MOVED by Member S Powrie, seconded by Member M Voyce: That the Ōrākei Local Board note the draft Governance Forward Work Calendar as at October 2021. CARRIED

21	Ōrākei Local Board Workshop Proceedings
	Resolution number OR/2021/172 MOVED by Chairman S Milne, seconded by Member M Voyce: That the Ōrākei Local Board records for the workshops held on 2, 9 and 23 September 2021 be noted. CARRIED

22	Resolutions Pending Action report
	Resolution number OR/2021/173 MOVED by Deputy Chairman T Elliott, seconded by Member D Wong: That the Ōrākei Local Board: a)      note the Ōrākei Local Board resolutions pending action report – October 2021. CARRIED

23        Consideration of Extraordinary Items

23.1

Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill (Bill)

Resolution number OR/2021/174 MOVED by Member M Voyce, seconded by Member D Wong: That the Ōrākei Local Board: a) note that on the 19 October the Government announced the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill, which contained two main proposals that seeks to: i) support councils to implement intensification policies in the National Policy Statement – Urban Development ii) require Tier 1 councils to apply medium density residential standards from August 2022, which allows people to develop up to three homes of up to three storeys on most sites without needing resource consent (exemptions will apply based on qualifying matters set out in the National Policy Statement-Urban Development). b) note that the Auckland Unitary Plan already adequately supports public and private sector development and housing supply across Auckland and enables opportunities for different housing typologies and allows for increasing that housing supply over the existing MHS, MHU and THAB zones. c) challenge the need for the proposed Bill. d) note that under the current rules in the Auckland’s Unitary Plan there are instances where consented yield-led development has produced an environment of bad planning and design outcomes vs that of a design-led development, meaning it is foreseeable that we will have greater negative cumulative effects if we start enabling density without consents as proposed under the Bill. e) note that the proposed Bill will require medium density residential standards from August 2022 and that exemptions will apply based on qualifying matters. f) strongly recommend that Council focus efforts and resources urgently to identify special character areas as a qualifying matter in the National Policy Statement – Urban Development, to ensure these are in place if the Bill is passed and medium density residential standards are required to be applied by Tier 1 councils from August 2022. g) recommend that the Planning Committee urgently requests Government to pause and engage with Auckland Council before making any further decisions in recognition of the significant impact this Bill will have on our communities and the amenity of Auckland. h) agree to delegate to Member Troy Churton and Chairman Scott Milne to present to the Planning Committee on the 4 November 2021. CARRIED

4.45 pm                                              The Chairman 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 Ōrākei Local Board HELD ON

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

CHAIRMAN:...............................................................