I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:

Time:

Meeting Room:

Venue:

 

Thursday, 25 November 2021

10.00am

This meeting will be held remotely and can be viewed on the Auckland Council website
https://councillive.aucklandcouncil.govt.nz/

 

 

Tira Kawana / Governing Body

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Mayor

Hon Phil Goff, CNZM, JP

 

Deputy Mayor

Deputy Mayor Cr Bill Cashmore

 

Councillors

Cr Josephine Bartley

Cr Richard Hills

 

Cr Dr Cathy Casey

Cr Tracy Mulholland

 

Cr Fa’anana Efeso Collins

Cr Daniel Newman, JP

 

Cr Pippa Coom

Cr Greg Sayers

 

Cr Linda Cooper, JP

Cr Desley Simpson, JP

 

Cr Angela Dalton

Cr Sharon Stewart, QSM

 

Cr Chris Darby

Cr Wayne Walker

 

Cr Alf Filipaina

Cr John Watson

 

Cr Christine Fletcher, QSO

Cr Paul Young

 

Cr Shane Henderson

 

 

(Quorum 11 members)

 

 

 

Sarndra O'Toole

Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

 

19 November 2021

 

Contact Telephone: (09) 890 8152

Email: sarndra.otoole@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 



 

Terms of Reference

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate

(b)        the power to make a bylaw

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the Long-Term Plan

(d)        the power to adopt a long-term plan, annual plan, or annual report

(e)        the power to appoint a chief executive

(f)         the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long-term plan or developed for the purpose of the local governance statement

(g)        the power to adopt a remuneration and employment policy

 

Additional responsibilities retained by the Governing Body:

 

(h)        approval of long-term plan or annual plan consultation documents, supporting information and consultation process prior to consultation

(i)         approval of a draft bylaw prior to consultation

(j)         resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(k)        adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(l)         relationships with the Independent Māori Statutory Board, including the funding agreement and appointments to committees

(m)       overview of and decisions relating to any CCO review including the implementation of any resulting changes to CCOs

(n)        oversight of work programmes of all committees of the governing body.

 

 

 

Code of conduct

 

For information relating to Auckland Council’s elected members code of conduct, please refer to this link on the Auckland Council website - https://www.aucklandcouncil.govt.nz/about-auckland-council/how-auckland-council-works/elected-members-remuneration-declarations-interest/Pages/elected-members-code-conduct.aspx

 

 


Exclusion of the public – who needs to leave the meeting

 

Members of the public

 

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

 

Those who are not members of the public

 

General principles

 

·       Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

·       Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

·       Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

·       In any case of doubt, the ruling of the chairperson is final.

 

Members of the meeting

 

·       The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

·       However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

·       All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

 

Independent Māori Statutory Board

 

·       Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

·       Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

 

Staff

 

·       All staff supporting the meeting (administrative, senior management) remain.

·       Other staff who need to because of their role may remain.

 

Local Board members

 

·       Local Board members who need to hear the matter being discussed in order to perform their role may remain.  This will usually be if the matter affects, or is relevant to, a particular Local Board area.

 

Council Controlled Organisations

 

·       Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

 

 


Governing Body

25 November 2021

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Affirmation                                                                                7

2          Apologies                                                                                 7

3          Declaration of Interest                                          7

4          Confirmation of Minutes                                                         7

5          Petitions                                                                 7  

6          Public Input                                                           7

6.1     Public Input:  Pest Free Kaipatiki Restoration Society - Transfer of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society                                    7

7          Local Board Input                                                 8

7.1     Local Board Input:  Kaipātiki Local Board - Transfer of the ex-Glenfield Bowling Club building (Ross Reserve, Glenfield) to a community group (Pest Free Kaipatiki)                                                      8

8          Extraordinary Business                                       9

9          COVID-19 briefing and Auckland Emergency Management status update                               11

10        Decision on proposed new Public Trading, Events and Filming Bylaw                                 13

11        Decision on proposed amendments to Animal Management Bylaw 2015 and controls            69

12        Decision on proposed amendments to Water Supply and Wastewater Network Bylaw 2015                                                                            111

13        Transfer of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society                 145

14        Waiheke Area Plan - allocation of non-regulatory decision making to the Waiheke Area Board - amendment to resolution GB/2020/128                                                      161

15        Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 25 November 2021                                                 173

16        Consideration of Extraordinary Items

 


1          Affirmation

His Worship the Mayor will read the affirmation.

 

2          Apologies

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

 

3          Declaration of Interest

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 Governing Body:

a)          confirm the ordinary minutes of its meeting, held on Thursday, 28 October 2021, as a true and correct record.

 

5          Petitions

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

 

6          Public Input

Standing Order 7.7 provides for Public Input.  Applications to speak must be made to the Governance Advisor, in writing, no later than one (1) clear working day prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

6.1       Public Input:  Pest Free Kaipātiki Restoration Society - Transfer of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society

Te take mō te pūrongo

Purpose of the report

1.       Jo Knight, Immediate Past Chair of the Pest Free Kaipātiki Restoration Society will address the Governing Body.

Whakarāpopototanga matua

Executive summary

2.       Jo Knight will speak to the Governing Body regarding the transfer of a building at Ross Reserve, Glenfield to the Pest Free Kaipātiki Restoration Society.

3.       Supporting documentation from the group is appended as Attachment A.

4.       A report titled “Transfer of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society”, is an item for consideration later in the agenda.

 

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tūtohi / receive the presentation from Jo Knight on behalf of the Pest Free Kaipātiki Restoration Society regarding the transfer of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society and mihi / thank her for her attendance.

 

Attachments

a          Supporting Documentation............................... 193

 

 

 

7          Local Board Input

 

Standing Order 6.2 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give one (1) day’s notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 6.1 to speak to matters on the agenda.

 

7.1       Local Board Input:  Kaipātiki Local Board - Transfer of the ex-Glenfield Bowling Club building (Ross Reserve, Glenfield) to a community group (Pest Free Kaipatiki)

Te take mō te pūrongo

Purpose of the report

1.       The Chair of the Kaipātiki Local Board, John Gillon will address the Governing Body regarding transfer of the ex-Glenfield Bowling Club building (Ross Reserve, Glenfield) to a community group (Pest Free Kaipatiki).

Whakarāpopototanga matua

Executive summary

2.       A report titled “Transfer of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society”, is an item for consideration later in the agenda.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tūtohi / receive the Kaipātiki Local Board input regarding transfer of the ex-Glenfield Bowling Club building (Ross Reserve, Glenfield) to a community group (Pest Free Kaipatiki) and mihi / thank him for his attendance.

 

 


 

 

8          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.”


Governing Body

25 November 2021

 

 

COVID-19 briefing and Auckland Emergency Management status update

File No.: CP2021/15794

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To enable the Governing Body to be briefed on the COVID-19 pandemic, Auckland Emergency Management status and council’s response.

Whakarāpopototanga matua

Executive summary

2.       Phil Wilson, Director Governance and CCO Partnerships and the Acting Controller Auckland Emergency Management will provide a verbal briefing.

3.       The briefing will focus on activities to support the COVID-19 programme.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tūtohi / receive the report and mihi / thank Phil Wilson, Director Governance and CCO Partnerships and the Acting Controller Auckland Emergency Management for the briefing on the COVID-19 pandemic and the Auckland Emergency Management status update.

 

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.      

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

25 November 2021

 

 

Decision on proposed new Public Trading, Events and Filming Bylaw

File No.: CP2021/12706

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To tango / adopt the proposed new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Tauhokohoko, Whakahaerenga me te Tango Kiriata Tūmatanui 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022.

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to adopt the proposed new Public Trading, Events and Filming Bylaw, an appointed Bylaw Panel has deliberated and made recommendations on public feedback to the proposal and on local board views.

3.       The proposed new Bylaw regulates trading, event and filming activities to help minimise public safety risks, public nuisance and the misuse of council-controlled public places (for example, local parks and civic spaces).

4.       The Governing Body adopted the proposal for public consultation on 27 May 2021. Council received feedback from 78 people and organisations.

5.       The Bylaw Panel recommends the Governing Body adopt the proposal with amendments in response to matters raised (Attachments A and B). Taking this approach will more effectively minimise public safety risks, public nuisance and the misuse of council-controlled public places. Key changes include to:

·    add reference to other rules about filming and sale of alcohol, tobacco and weapons

·    extend the default duration of an approval to 24 months (currently 12 months) unless otherwise specified in the approval

·    clarify which activities require an approval or not, including to exempt permanent art installations, delivery of goods, outdoor fitness operations, and filming of a private celebration or event, current affairs and news.

6.       There is a reputational risk that some people or organisations who provided feedback may not feel that their views are addressed. This can be mitigated by communicating the reasons for the decisions to those who gave feedback.

7.       If adopted, staff will publicly notify the decision and publish the new Bylaw when it comes into force on 26 February 2022.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / approve the Bylaw Panel recommendations on the new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Tauhokohoko, Whakahaerenga me te Tango Kiriata Tūmatanui 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022 in Attachment A and Attachment B of the agenda report.

b)      whakapūmau / confirm that the recommended new Public Trading, Events and Filming Bylaw in Attachment C of this agenda report:

i)       is the most appropriate way to minimise public safety risks, public nuisance and the misuse of council-controlled public places

ii)       is the most appropriate form of bylaw

iii)      does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c)       tango / adopt the recommended new Public Trading, Events and Filming Bylaw 2022 in Attachment C of this agenda report with effect from 26 February 2022.

d)      takahuri / revoke the Auckland Council Trading and Events in Public Places Bylaw 2015 on 26 February 2022.

e)      whakaae / approve the distribution of this agenda report and associated minutes to local boards for their information.

f)       tuku mana / delegate authority through the Chief Executive to the manager responsible for bylaws to make any amendments to the Bylaw in Attachment C of this agenda report to correct errors or omissions.

Horopaki

Context

The Governing Body adopted a proposal to make a new Bylaw for public consultation

8.       The current Auckland Council Trading and Events in Public Places Bylaw 2015 seeks to minimise public safety risks, nuisance and misuse caused by trading, event and filming activities in council-controlled public places. The 2015 Bylaw expires on 26 February 2022 under section 160 of the Local Government Act 2002.

9.      
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Following a review, the Regulatory Committee endorsed the review findings including that the 2015 Bylaw is well-used, fills a regulatory gap and is still needed, but could be improved. The committee subsequently requested a new bylaw to replace the 2015 Bylaw.

 

 

 

10.     The Governing Body, on recommendation from the Regulatory Committee, adopted a proposal for public consultation to make a new Te Kaunihera o Tāmaki Makaurau Te Ture ā-Rohe Tauhokohoko, Whakahaerenga me te Tango Kiriata Tūmatanui 2022 / Auckland Council Public Trading, Events and Filming Bylaw 2022.

11.     Public feedback on the proposal was received from 78 people and organisations. Local Boards provided views on public feedback, and an appointed Bylaw Panel[1] held deliberations and made recommendations contained in this report.

12.     More information about the review, proposal, and public consultation can be viewed on council’s Have Your Say and Hearings webpages.

Tātaritanga me ngā tohutohu

Analysis and advice

Bylaw Panel considered feedback and views in accordance with legislative requirements

13.     The Bylaw Panel has considered and made recommendations on all public feedback and local board views in accordance with relevant statutory requirements, including that council[2]:

·    must receive public feedback with an open mind and give it due consideration

·    must provide the decisions and reasons to those who provided feedback

·    must ensure all meetings are open to the public

·    may consider or request comment or advice from staff or any other person to assist their decision-making

·    must ensure that the Bylaw is the most appropriate way to address public safety risks, public nuisance and the misuse of council-controlled public places, is the most appropriate form of bylaw, and is not inconsistent with the Bill of Rights Act 1990.

14.     The Bylaw Panel structured its deliberations by topic. Each topic and recommendations are summarised in the table below and contained in full in Attachment A.

15.     Key recommendations include adding reference to other regulations related to filming, sale of alcohol, tobacco and weapons, extending the default duration of an approval and clarifying activities that require an approval, are allowed subject to conditions or are exempt.

 

Summary of Bylaw Panel recommendations

Topic

Summary of Bylaw Panel recommendations

Proposal One: Continue to regulate trading, events and filming in a similar way to the current Bylaw.

Amend proposal to include in the Bylaw Summary a reference to advertising, broadcasting and classification laws, and legislation that addresses sale of alcohol, tobacco products and weapons.

Amend proposal to exempt filming of a private celebration or event, and filming for the purpose of current affairs and news.

Reasons include to provide a more comprehensive overview of the wider legislative framework that the Bylaw does not seek to duplicate, and to retain current exemptions for certain filming activities.

 

Proposal Two: Clarify the need for rental micromobility devices to be approved under their own licence instead of a mobile shop licence as they currently are.

Amend proposal to extend the default duration of an approval to 24 months (currently 12 months) unless otherwise specified in the approval.

Amend proposal to include a related information note that provides a reference to a non-exclusive list of micromobility devices.

Reasons include to provide more operational certainty for businesses and to reflect the pace of changes and future micromobility trends.

Proposal Three: Clarify which activities require an approval, don’t require an approval as long as certain conditions are met, and are not addressed in the Bylaw.

Amend proposal to remove fitness operators and delivery of goods from the requirement to comply with conditions (the activity, depending on how it is conducted, may not be defined as trading or may require an approval as trading or an event).

Reasons include to provide more operational certainty to businesses and council staff by clarifying what trading is and is not.

Proposal Four: Update the title, structure, format, definitions, and wording to ensure that a new bylaw is easier to read, understand and comply with.

Amend proposal to restructure clauses 6 and 7 to clarify which activities require an approval, which are allowed subject to meeting conditions of use and which activities are exempt.

Amend proposal to clarify requirements related to temporary art installations (approval required if within the definition event) and permanent art installations (exempt).

Amend proposal to include minor editorial changes throughout the Bylaw.

Reasons include to make the Bylaw easier to read, understand, implement and comply with.

Other matters

Amend proposal to clarify that the proposed new Bylaw applies to the Auckland transport system for non-transport related purposes.

Note that existing delegated instruments (including to Auckland Unlimited) be used to administer the Bylaw.

16.     Where Bylaw Panel recommendations in Attachment A amend the proposal, the recommended changes are shown in a comparison table in Attachment B. The changes:

·    minimise public safety risks, nuisance and misuse of council-controlled public places

·    are authorised by statute, not repugnant or unreasonable to other legislation

·    improve the Bylaw form (for example, certainty and user friendliness)

·    do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990

·    are not inconsistent with the Reserves Act 1977, Resource Management Act 1991, Auckland Unitary Plan, Auckland Council Public Safety and Nuisance Bylaw 2013, Signage Bylaw 2015 and Waste Management and Minimisation Bylaw 2019 or Auckland Transport Trading and Events in Public Places Bylaw 2015.


 

 

Bylaw Panel recommends the Governing Body adopt the proposal with amendments

17.     The Bylaw Panel recommends that the Governing Body make the necessary statutory determinations to adopt the proposal as amended in Attachment C. The Bylaw in Attachment C incorporates recommended amendments in Attachments A and B. Taking this approach will more effectively minimise public safety risks, public nuisance and misuse of council-controlled public places and be easier to read, understand and comply with.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     Council considered climate impacts as part of the Bylaw review and proposal process. The recommended new Bylaw continues to support climate change goals by, for example, requiring waste management and minimisation plans for events and enabling rental e-scooters to operate on public places. Climate change may impact the nature of future trading, event and filming activities in Auckland. This impact, however, is a matter for the operator and does not preclude the need for council to regulate those activities in public places.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     The recommended new Bylaw impacts the operation of several council departments and council-controlled organisations. This includes Auckland Council’s Licensing and Regulatory Compliance Unit, Events in Regional Service Planning, Investment and Partnerships Unit, Alcohol Licensing and Environmental Health Unit, Auckland Unlimited (previously known as Auckland Tourism, Events and Economic Development), and Screen Auckland. These teams are aware of the impacts of the new Bylaw and their implementation role.

20.     Auckland Transport (not Auckland Council) regulates trading, event and filming activities on the Auckland transport system for transport related purposes. The current Auckland Transport Trading and Events in Public Places Bylaw 2015 expires in March 2022. Auckland Transport is currently developing a new Bylaw and is aware of the Auckland Council’s proposal, public feedback, local board views and recommended amendments.

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

Local impacts and local board views

21.     The proposed new Bylaw impacts the Auckland region. All local boards provided views on how the Bylaw Panel should address matters raised in public feedback to the proposal (Deliberations agenda, Attachment H). In addition, eleven boards[3] chose to present their views in person to the Bylaw Panel on 19 October 2021.

22.     Most local boards supported all four proposals including ten with additional views. The Waitākere Ranges Local Board did not support the proposal due to concerns that some trading activities may be able to operate unregulated from a public place.

23.     The Bylaw Panel considered all local board views during deliberations as shown in Attachment A.

Tauākī whakaaweawe Māori

Māori impact statement

24.     The proposed new Bylaw would support the Independent Māori Statutory Board Plan for Tāmaki Makaurau and align with the Wairuatanga economic key direction by facilitating opportunities for Māori business owners to be uniquely identifiable, visible and prosperous.

 

 

 

25.     The Bylaw also recognizes Māori rights under Te Tiriti o Waitangi to exercise their tikanga and rangatiratanga across their whenua. The Bylaw only refers to council-controlled public places and does not, for example, apply to land under the control of the Tūpuna Maunga o Tāmaki Makaurau Authority.

26.  The recommended requirements and exemptions in the new Bylaw would apply to all persons undertaking trading, event and filming activities in council-controlled public places. Exemptions would also clarify that non-exclusive use of a place for informal recreation, for example a whānau picnic in a park, is allowed.

27.     Mana whenua were notified of the proposal and given the opportunity to provide feedback kanohi ki te kanohi, in writing, online and in-person.

28.     People identifying as Māori who provided feedback supported Proposals One, Three, and Four, which is consistent with the Auckland-wide feedback. Comments included that the proposed regulation is sensible and provides an appropriate balance between mitigating risks and enabling businesses to operate.

29.     Support for Proposal Two was split. Māori agreed that rental micromobility should remain regulated but differed in their approach to licensing. Some wanted rental micromobility to continue to be regulated as a mobile shop while others agreed to regulate rental devices under their own licence.

30.     The Bylaw Panel considered and supported these views by adopting all Proposals (including licensing rental devices under their own licence) subject to amendments.

 

Ngā ritenga ā-pūtea

Financial implications

31.     There are no financial implications. The cost of public notification of the decision and implementation will be met within existing budgets.

 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

32.     The following risks have been identified:

If...

Then...

Mitigation

Some people or organisations who provided feedback do not feel their views were addressed.

There may be a negative perception about the recommendations of the Bylaw Panel.

Communicating the reasons for the decisions to those who provided feedback.

Ngā koringa ā-muri

Next steps

33.     If adopted, staff will notify the public who provided feedback on the proposal of the decision and publish the new Bylaw when it comes into force on 26 February 2022.

 


 

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Bylaw Panel recommendations

21

b

Comparison of proposed Bylaw and Panel-recommended changes

35

c

Recommended new Public Trading, Events and Filming Bylaw 2022

51

     

Ngā kaihaina

Signatories

Authors

Councillor Linda Cooper – Chair

Councill Shane Henderson

Councillor Tracy Mulholland

Independent Māori Statutory Board Member Glenn Wilcox

 


Governing Body

25 November 2021

 

 

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Governing Body

25 November 2021

 

 

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Governing Body

25 November 2021

 

 

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Governing Body

25 November 2021

 

 

Decision on proposed amendments to Animal Management Bylaw 2015 and controls

File No.: CP2021/12709

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To tango / adopt changes to Te Kaunihera o Tāmaki Makaurau Te Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015, and associated controls.

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to adopt changes to the Animal Management Bylaw 2015, an appointed Bylaw Panel has deliberated and made recommendations on public feedback to a proposal and on local board views.

3.       The proposal seeks to better regulate the keeping of animals in a way that minimises risks to public health and safety, nuisance, offensive behaviour and the misuse of council-controlled public places. 

4.       The Governing Body adopted the proposal for public consultation on 27 May 2021. Feedback was received from 191 people and organisations.

5.       The Bylaw Panel recommends the Governing Body adopt the proposal with amendments in response to matters raised (Attachments A and B). Taking this approach will help to maintain animal-human bonds. Key amendments include to:

·    reject Proposal One to introduce a limit on the number of hives in urban areas and to instead maintain the current rules that require beekeepers to take reasonable steps to prevent public safety and nuisance risks and to regulate beekeeping for farming purposes using the Auckland Unitary Plan

·    update related information notes about beekeeping.

6.       There is a reputational risk that some people or organisations may not feel council has listened to their feedback. This can be mitigated by communicating the reasons for the decisions to those who gave written feedback.

7.       If adopted, staff will publicly notify the decision and update the Bylaw when changes come into force on 20 December 2021.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / approve the Bylaw Panel’s recommendations on the proposed changes to Te Kaunihera o Tāmaki Makaurau Te Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015 and associated controls in Attachment A and Attachment B of the agenda report.

b)      whakapūmau / confirm that the amended Animal Management Bylaw 2015 in Attachment C of this agenda report:

i)       is the most appropriate way to regulate the keeping of animals in Auckland

ii)       is the most appropriate form of bylaw

iii)      does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c)       tango / adopt the amended Animal Management Bylaw 2015 and associated controls in Attachment C of this agenda report with effect from 20 December 2021.

d)      whakaae / approve the distribution of this agenda report and associated minutes to local boards for their information.

e)      tuku mana / delegate authority through the Chief Executive to the manager responsible for bylaws to make any amendments to the Bylaw in Attachment C of this agenda report to correct errors or omissions.

Horopaki

Context

The Governing Body adopted a proposal to improve the Bylaw for public consultation

8.       Te Kaunihera o Tāmaki Makaurau Te Ture-ā-rohe Tiaki Kararehe 2015 / Auckland Council Animal Management Bylaw 2015 (Bylaw) enables council to regulate the keeping of animals, including by specifying detailed rules in associated controls.

9.       Following a review, the Regulatory Committee endorsed the review findings including that the Bylaw is still the most appropriate and effective way to manage the keeping of animals but noted that it could be improved. The committee subsequently requested that the Bylaw be amended.

10.     The Governing Body, on recommendation from the Regulatory Committee, adopted a proposal for public consultation to amend the Bylaw and associated controls in May 2021.

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11.     The proposal seeks to better minimise animal-related risks to public health and safety, nuisance, offensive behaviour and the misuse of council-controlled public places by:

·    requiring an approval to keep more than two standard beehives on urban premises with a land area of less than 2000 square metres (no approval currently required)

·    incorporating rules from another bylaw about the feeding of animals on private property

·    updating the definitions, wording, format and structure of the Bylaw and associated controls to make it easier to read and understand.

12.     Public feedback on the proposal was received from 191 people and organisations.

13.     Local boards provided views on public feedback, and the appointed Bylaw Panel[4] held deliberations and made recommendations contained in this report.

14.     More information about the review, proposal and public feedback can be viewed on council’s have your say and hearings webpages.

Tātaritanga me ngā tohutohu

Analysis and advice

Bylaw Panel considered feedback and views in accordance with legislative requirements

15.     The Bylaw Panel considered and made recommendations on all public feedback and local board views in accordance with relevant statutory requirements, including that council:[5]

·    must receive public feedback with an open mind and give it due consideration

·    must provide the decisions and reasons to people who provided feedback

·    must ensure all meetings are open to the public

·    may consider or request comment or advice from staff or any other person to assist their decision-making

·    must ensure that the amended Bylaw is the most appropriate way to address public health and safety risks, nuisance, offensive behaviour and the misuse of council-controlled public places, is the most appropriate form of bylaw, and is not inconsistent with the New Zealand Bill of Rights Act 1990.

16.     The Bylaw Panel structured its deliberations by topic. Each topic and recommendations are summarised in the table below and contained in full in Attachment A.

17.     Key recommendations include rejecting Proposal One and instead maintain the current rules on urban beekeeping, and to update related information notes about beekeeping.

Summary of key Bylaw Panel recommendations

Topic

Summary of key Bylaw Panel recommendations

Proposal One: Require an approval to keep more than two standard beehives on urban premises with a land area of less than 2000 square metres (no approval currently required).

Reject proposal and maintain existing rules about keeping beehives in urban areas, which does not limit the number of hives allowed without an approval.

Reasons include to provide flexibility for good hobbyist beekeeping practices and because the proposed restrictions are unlikely to address bee-related nuisance any better than the existing controls.

Proposal Two: Incorporate rules from another bylaw about the feeding of animals on private property.

Adopt proposal as publicly notified.

 

Reasons include to consolidate rules about animals into one bylaw for ease of reference.

Proposal Three: Update the definitions, structure, format and wording of the Bylaw and controls.

Adopt proposal as publicly notified.

 

Reasons include to make the Bylaw easy to read, understand and comply with.

Other matters

Update related information notes relating to beekeeping.

 

Reasons include to refer to Unitary Plan rules about beekeeping for farming purposes and to better align with national standards.

18.     Where Bylaw Panel recommendations in Attachment A amend the proposal, the recommended changes are shown in a comparison table in Attachment B. The changes:

·    minimise public safety risks, nuisance and misuse of council-controlled public places

·    are authorised by statute, not repugnant or unreasonable to other legislation

·    improve the Bylaw form

·    do not give rise to any implications and are not inconsistent with the New Zealand Bill of Rights Act 1990

·    are not inconsistent with other regulations including council bylaws about public safety and nuisance and dogs, Auckland Unitary Plan and the Auckland Council Regional Pest Management Plan.

Bylaw Panel recommends the Governing Body adopt the proposal with amendments

19.     The Bylaw Panel recommends that the Governing Body make the necessary statutory determinations to adopt the amended Bylaw and associated controls in Attachment C. The Bylaw and associated controls in Attachment C incorporates recommended amendments in Attachments A and B. Taking this approach will better minimise animal-related risks to public health and safety, nuisance, offensive behaviour and the misuse of council-controlled public places.

Tauākī whakaaweawe āhuarangi

Climate impact statement

20.     Council considered climate impacts as part of the Bylaw review and proposal process. The recommended Bylaw amendments have a negligible impact on climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     The proposal impacts council’s Licensing and Regulatory Compliance team who implement the Bylaw. The unit is aware of the impacts of the proposal and their implementation role.

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

Local impacts and local board views

22.     The proposal impacts the Auckland region and is important to local boards as an area of high community interest.

23.     All local boards provided views on how the Bylaw Panel should address matters raised in public feedback (click link to view Deliberations agenda, Attachment H). Seven[6] local boards also chose to present those views to the Bylaw Panel on 29 October 2021.

24.     All local boards supported Proposals Two and Three, and there was split support for Proposal One.

25.     The Bylaw Panel considered the local board views in its deliberations, noting the advice about good beekeeping practices.

Tauākī whakaaweawe Māori

Māori impact statement

26.     Kei i a kararehe tōna ake tātai e hono ana ki ō rātou tūpuna,he uri o tō rātou ake atua, me pupuri mātou i taua whakaaro, nō te mea, mā wai e tū ki te whati i tāua whakapapa. The Bylaw has significance to Māori as kaitiaki of Papatūānuku and has been prepared in acknowledgement of Wai 262[7] and the Waitangi Tribunal report[8] concerning indigenous flora and fauna in Aotearoa.

27.     The proposal supports the key direction of kaitiakitanga from the Independent Māori Statutory Board Māori Plan for Tāmaki Makaurau by minimising the misuse of council-controlled public places.

28.     The Bylaw recognizes Māori rights under Te Tiriti o Waitangi to exercise their tikanga and rangatiratanga across their whenua. The Bylaw only applies to council-controlled public places and does not apply to papakāinga or to land under the control of the Tūpuna Maunga o Tāmaki Makaurau Authority.

29.     Mana whenua and mataawaka were notified of the proposal and given the opportunity to provide feedback through face-to-face meetings, in writing, online and in-person.

30.     The majority of people identifying as Māori who provided feedback support Proposals Two and Three. The majority of people identifying as Māori who provided feedback opposed Proposal One. Feedback on all proposals was consistent with the overall public feedback.

31.     The Bylaw Panel considered tikanga Māori and the concept of animals having their own lineage and connections to the land and each other informed the decision to not add the term ‘unowned’ animal in the Bylaw.

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications. The cost of public notification of the decision and implementation will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33.     The following risk has been identified:

If...

Then...

Mitigation

Some people or organisations who provided feedback do not feel their views were addressed.

There may be a negative perception about the recommendations of the Bylaw Panel.

Communicating the reasons for the decisions to those who provided feedback.

 


 

 

Ngā koringa ā-muri

Next steps

34.     If adopted, staff will notify the public and people who provided feedback on the proposal of the decision and publish changes to the Bylaw when they come into force on 20 December 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Bylaw Panel recommendations

75

b

Comparison of proposed amended Bylaw and Panel recommended changes

81

c

Recommended amended Animal Management Bylaw 2015 and associated controls

85

     

Ngā kaihaina

Signatories

Authors

Councillor Linda Cooper – Chair

Councillor Cathy Casey

Independent Māori Statutory Board Member Glenn Wilcox

 


Governing Body

25 November 2021

 

 

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25 November 2021

 

 

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25 November 2021

 

 

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Governing Body

25 November 2021

 

 

Decision on proposed amendments to Water Supply and Wastewater Network Bylaw 2015

File No.: CP2021/12708

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To tango / adopt changes to Te Kaunihera o Tāmaki Makaurau Ture ā Rohe Whakarato Wai me te Pae Kōtuitui Wai Para 2015 / Auckland Council Water Supply and Wastewater Network Bylaw 2015.

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to adopt changes to the Water Supply and Wastewater Network Bylaw 2015, an appointed Bylaw Panel has deliberated and made recommendations on public feedback to a proposal and on local board views.

3.       The proposal seeks to better protect the water supply and wastewater networks from damage, misuse and interference and better assist in providing reliable, safe and efficient water and wastewater services in Auckland.

4.       The Governing Body adopted the proposal for public consultation on 25 February 2021. Council received feedback from 46 people and organisations.

5.       The Bylaw Panel recommends the Governing Body adopt the proposal with amendments in response to matters raised (Attachments A and B). Taking this approach will better protect the water supply and wastewater networks. Key amendments include to:

·    add reference to rules and regulations about fire emergency

·    clarify what prohibited waste is and what can and cannot be discharged to the wastewater network.

6.       There is a reputational risk that some people or organisations who provided feedback may not feel council has listened to their views.  This can be mitigated by communicating the reasons for the decisions to those who gave written feedback.

7.       If adopted, staff will publicly notify the decision and update the Bylaw when changes come into force on 20 December 2021.

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      whakaae / approve the Bylaw Panel recommendations on the proposed changes to Te Kaunihera o Tāmaki Makaurau Ture ā Rohe Whakarato Wai me te Pae Kōtuitui Wai Para 2015 / Auckland Council Water Supply and Wastewater Network Bylaw 2015 in Attachment A and Attachment B of the agenda report.

b)      whakapūmau / confirm that the amended Water Supply and Wastewater Network Bylaw 2015 in Attachment C of this agenda report:

i)       is the most appropriate way to protect the water supply and wastewater networks from damage, misuse and interference

ii)       is the most appropriate form of bylaw

iii)      does not give rise to any implications under, and is not inconsistent with, the New Zealand Bill of Rights Act 1990.

c)       tango / adopt the amended Water Supply and Wastewater Network Bylaw 2015 in Attachment C of this agenda report with effect from 20 December 2021.

d)      whakaae / approve the distribution of this agenda report and associated minutes to local boards for their information.

e)      tuku mana / delegate authority through the Chief Executive to the manager responsible for bylaws to make any amendments to the Bylaw in Attachment C of this agenda report to correct errors or omissions.

Horopaki

Context

The Governing Body adopted a proposal to amend the Bylaw for public consultation

8.       Te Kaunihera o Tāmaki Makaurau Ture ā Rohe Whakarato Wai me te Pae Kōtuitui Wai Para / Auckland Council Water Supply and Wastewater Network Bylaw (Bylaw) helps to protect the water supply and wastewater networks from damage, misuse and interference and assist in the provision of reliable, safe, and efficient water and wastewater services in Auckland.

9.       Following a statutory bylaw review[9], the Emergency Committee endorsed the review findings including that the Bylaw is still the most appropriate and effective way to protect Auckland’s water sources and water supply and wastewater networks, but noted that it could be improved. The committee subsequently requested that the Bylaw be amended.

10.     The Governing Body, on recommendation from the Regulatory Committee, adopted a proposal to improve the Bylaw for public consultation.

11.     Public feedback on the proposal was received from 46 people and organisations.

12.     Local boards provided views on public feedback and an appointed Bylaw Panel[10] deliberated and made recommendations on matters raised

Process to amend the Water Supply and Wastewater Network Bylaw 2015

 

13.     More information about the review, proposal and public feedback can be viewed on council’s have your say and hearings webpages.

 

 

Tātaritanga me ngā tohutohu

Analysis and advice

Bylaw Panel considered feedback and views in accordance with legislative requirements

14.     The Bylaw Panel has considered and made recommendations on all public feedback and local board views in accordance with relevant statutory requirements, including that council[11]:

·    must receive public feedback with an open mind and give it due consideration

·    must provide the decisions and reasons to those who provided feedback

·    must ensure all meetings are open to the public

·    may consider or request comment or advice from staff or any other person to assist their decision-making

·    must ensure that the amended Bylaw is the most appropriate way to protect the water supply and wastewater networks from damage, misuse and interference, is the most appropriate form of bylaw, and is not inconsistent with the New Zealand Bill of Rights Act 1990.

15.     The Bylaw Panel structured its deliberations by topic. Each topic and recommendation are summarised in the table below and contained in full in Attachment A.

16.     Key recommendations include adding reference to rules and regulations about fire emergency and clarifying what prohibited waste is and what can and cannot be discharged to the wastewater network.

Summary of Bylaw Panel recommendations

Topic

Summary of Bylaw Panel recommendations

Proposal One: To further define the rules regarding unauthorised taking of water from the Water Supply Network.

Amend proposal to include a reference in the Bylaw Summary to the Fire and Emergency New Zealand Act 2017.

Reasons include to provide of a more comprehensive overview of the wider legislative framework that the amended Bylaw does not seek to duplicate.

Proposal Two: To further define the rules regarding unauthorised discharges to the Wastewater Network.

Amend proposal to include a reference to any disposable wipes, paints and solvents, unused pharmaceutical products and plastic bags in the list of prohibited waste.

Amend proposal to include a related information note that provides a reference to the Fire and Emergency Code of Practice.

Reasons include to further clarify what prohibited waste is and what can and cannot be discharged to the wastewater network.

Proposal Three: Clarification of linkages to other legislation, bylaws, and other documentation.

Amend proposal to make corrections and editorial clarifications throughout the Bylaw including to amend definitions for example, combined system, groundwater and private water supply scheme.

Reasons include to provide more certainty and clarity by making the Bylaw easier to read, understand and implement.

 

 

 

17.     Where Bylaw Panel recommendations in Attachment A amend the proposal, the recommended changes are shown in a comparison table in Attachment B. The changes:

·     protect water supply and wastewater networks from damage, misuse and interference

·     are authorised by statute, not repugnant or unreasonable to other legislation

·     improve the Bylaw form (for example, certainty and user friendliness)

·     do not give rise to any implications, and are not inconsistent with the New Zealand Bill of Rights Act 1990

·     are not inconsistent with the Heath Act 1956 and Local Government Act 2002.

Bylaw Panel recommends the Governing Body adopt the proposal with amendments

18.     The Bylaw Panel recommends that the Governing Body make the necessary statutory determinations to adopt the amended Bylaw in Attachment C. The Bylaw in Attachment C incorporates recommended amendments in Attachments A and B. Taking this approach will better protect the water supply and wastewater networks from damage, misuse and interference and make the Bylaw easier to read, understand and comply with.

Tauākī whakaaweawe āhuarangi

Climate impact statement

19.     Council considered climate impacts as part of the Bylaw review and proposal process. The recommended Bylaw amendments promote the efficient use of water resources which support climate change goals

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

20.     The proposal impacts the operations of many Watercare teams in charge of the operations and the planning of water sources and water and wastewater networks. It also impacts some Auckland Council teams involved in compliance and stormwater management. Relevant staff are aware of the impacts of the proposal and their implementation role.

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

Local impacts and local board views

21.     The proposal impacts the Auckland region.

22.     Twenty local boards provided views on how the Bylaw Panel should address matters raised in public feedback to the proposal (Deliberations agenda, Attachment G). Two boards[12] also chose to present those views in person to the Bylaw Panel on 5 November 2021.

23.     All twenty local boards that provided views supported all three proposals.

Tauākī whakaaweawe Māori

Māori impact statement

24.     Kua whakaarongia e te ture a rohe nga whakatau i puta mai i te kooti tino teitei nui NZMC vs AG 98/2012 [2013], me nga whakaaro a iwi maori o te motu nei no tenaka.

25.     He mauri to ngā mea katoa e hono ana ki te wai. Kāhore tō nga tohunga maori mātauranga i whakaae ki te whakawehetanga o ngā awa ki ngā papa awa, ngā ara wai, ngā puketai, ngā wāhi kia ngaua e te tai, me ngā wāhi horekau he tai.

 

 

26.     E kore Parawhenua e haere, ki te kore a Rakahore. He kupu whakarite a Parawhenua mō te wai, a Rakahore mō te kōhatu. Ko tōna wai ora, ko te whanaungatanga i roto i ngā mea katoa. Ko te whakapapa o te taiao, arā, ko ngā kararehe, ko ngā tupu, ko ngā maunga, ngā awa, ngā moana, ko te hau, ko ngā takutai he mea hono ki te tangata whenua.

27.     The Bylaw contributes to the Māori Plan’s key directions and aspirations of Manaakitanga (Improve Quality of Life "Satisfaction with our environments and standard of living") and Kaitiakitanga (Ensure Sustainable Futures "lntergenerational Reciprocity") by ensuring the public water supply and wastewater network is future proofed, not contaminated or damaged, which would be detrimental to the people and natural environment.

28.     Input by mana whenua was sought at a special hui of the Mana Whenua Kaitiaki Forum in January 2020. The main concerns related to environmental issues which are beyond the bylaw scope (archaeological sites and clarifications of asset ownership and responsibilities).

29.     Staff sought input by mana whenua on the proposed options in June 2020. A meeting with the Chair of the Mana Whenua Kaitiaki Forum confirmed his support of the direction taken and recommended a written update at the June forum to carry on the engagement.

30.     Watercare staff presented an update of the Bylaw review process and sought feedback from the Mana Whenua Kaitiaki Forum in mid-October 2020.

31.     Those respondents who identified as Māori during the public consultation were generally supportive of all proposals.

Ngā ritenga ā-pūtea

Financial implications

32.     There are no financial implications. The cost of public notification of the decision and implementation will be met within existing budgets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33.     The following risks have been identified:

If...

Then...

Mitigation

Some people or organisations who provided feedback do not feel their views were addressed.

There may be a negative perception about the recommendations of the Bylaw Panel.

Communicating the reasons for the decisions to those who provided feedback.

Ngā koringa ā-muri

Next steps

34.     If adopted, staff will notify the public and people who provided feedback on the proposal of the decision and publish changes to the Bylaw when they come into force on 20 December 2021.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Bylaw Panel recommendations

117

b

Comparison of proposed Bylaw and Panel-recommended changes

121

c

Recommended amended Water Supply and Wastewater Network Bylaw 2015

127

     

Ngā kaihaina

Signatories

Authors

Councillor Linda Cooper – Chair

Catherine Harland

Independent Māori Statutory Board Member Glenn Wilcox

 


Governing Body

25 November 2021

 

 

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Governing Body

25 November 2021

 

 

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25 November 2021

 

 

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Governing Body

25 November 2021

 

 

Transfer of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society

File No.: CP2021/16779

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Governing Body to transfer ownership of the ex‑Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society Incorporated (PFK). The transfer will enable the group to undertake the significant works required on the buildings to bring them up to the required building code. Subject to completion of those works, allow the group to occupy the building for a lease period of 10 years with one 10 year right of renewal.

Whakarāpopototanga matua

Executive summary

2.       The tenant-owned buildings were vacated by the Glenfield Bowling Club in November 2019. Membership numbers had dwindled to an unstainable level and the group has since been disbanded and their community lease surrendered.

3.       With the disbanded group having no resources to remedy the building defects or meet the lease conditions, the tenant-owned buildings at Ross Reserve have under the lease terms been vested in Auckland Council. The buildings comprise the main clubrooms and two smaller storage sheds. The main building’s top floor is approximately 359m2 and the basement floor area is approximately 126 m2. The two smaller sheds are both 30m2.

4.       Building assessment, structural and land contamination reports were undertaken by council staff. These reports revealed extensive works were required to bring the building up to current building code standard.

5.       The findings of these reports were workshopped with Kaipātiki Local Board in November 2020. Three options from Community Facilities were put forward to the board:

i)       do nothing

ii)       renew the building at a minimum cost of $654,000 from the Kaipātiki Local Board’s renewal budget

iii)      demolish the building, with the costs to be borne by Community Facilities operational budgets.

6.       The local board requested staff call for Expressions of Interest (EOI) for a community lease before making any decision. (Attachment B – site plan).

7.       Staff advertised the EOI in February 2021 and presented the applications to the local board at a workshop in May 2021.

8.       The EOI stipulated that any successful group will be required to fund and undertake works necessary to bring the buildings up to current building code.

9.       Following the completion of the EOI and assessment of applications including the options for the buildings, staff recommended the Kaipātiki Local Board resolve to demolish the buildings.

10.     At the July 2021 business meeting, Kaipātiki Local Board resolved to grant an agreement to lease and subsequent lease of the ex-Glenfield Bowling Club buildings at Ross Reserve, Glenfield to Pest Free Kaipātiki Restoration Society Incorporated (PFK). The resolution included the local board’s request for the buildings to be transferred at $1.00 (if requested) to PFK. (Attachment C - Resolution KT/2021/103).

11.     The delegated authority for the divestment of community facilities lies with the Governing Body.

12.     Once the Governing Body resolve to gift the buildings to PFK, staff will prepare an agreement to transfer the assets and an Agreement to lease with conditions pertaining to the buildings upgrade and subsequent lease.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      approve the asset transfer of the buildings at Ross Reserve, Glenfield (outlined in red on Attachment A of the agenda report - site plan) to Pest Free Kaipātiki Restoration Society Incorporated for $1.00.

 

Horopaki

Context

13.     The Governing Body is the allocated decision-making authority relating to the transfer of council assets. They are accountable under section 15 of the Local Government (Auckland Council) Act 2009 in their capacity to provide, or ensure the provision of, services and facilities (including local activities) within the scope of section 15(1)(c).

14.     The land on which the buildings and surrounding ex bowling greens are situated are legally described as Lot 11 Deposited Plan 54933 that is held in fee simple by council as a classified recreation reserve, subject to the provisions of the Reserves Act 1977 and Lot 16, Lots 17, 18 and part Lot 19 Deposited Plan 39781 held by the Crown through Department of Conservation (DOC) as a classified recreation reserve and vested in the Auckland Council, in trust, for recreation purposes.

15.     The buildings in question were inherited by Auckland Council by virtue of the previous leaseholder (Glenfield Bowling Club) having dissolved and subsequently been removed from the New Zealand Companies Office register on 23 June 2021. This report considers the future of the buildings on the reserve.

16.     The main building was built in the 1950s by Glenfield Bowling Club Incorporated. The building has been used by the bowling club as their club and changing rooms until ownership reverted to Auckland Council (as landowner) in 2019.

17.     Clause 1.13.1 (Compensation for Improvements) of the club’s lease details this, along with stating there will be no compensation payable to the lessee. With the lessee being struck off the incorporated societies register, there is no recourse requiring the group to reinstate the land.

18.     The building has two levels. The upper level was used as the club rooms/bar area and offices and the lower level as storage and changing rooms, with a shower.

19.     The upper level is in a fair condition but the lower level is in very poor condition.

20.     A structural assessment of the building, carried out in September 2020, identified areas of the foundations to be in a poor structural condition and in need of repair.

21.     An asbestos refurbishment survey report was also completed in September 2020. Asbestos containing material (ACM) was found in the gable ends of the building, soffits as well as the lower-level wall cladding. Removal of the ACM is not recommended at this stage, but rather to encapsulate it with the appropriate paint (if a decision is made to refurbish the building).

 

 

22.     Staff commissioned a desk-top valuation on the ex-Glenfield Bowling building. Applying a 60-year functional and economic life of the building, the residual replacement value of the building (less deferred maintenance) is $235,000. The building is currently untenantable as it does not meet current building standards and would fail a building warrant of fitness.

23.     It has been reported that council would need to spend upwards of $654,000 to bring the building up to code.

24.     Spending close to three times the residual value on building with a finite life for occupation of only one community group would not be seen as a good allocation of council’s funds.

Tātaritanga me ngā tohutohu

Analysis and advice

Discussion

25.     Staff investigated the three options put forward to the local board for the site:

Options

Advantages

Disadvantages

(i)   Do nothing:

This option is not recommended as the building cannot be tenanted in its current state.

A vacant property:

·    From experience within the project’s team it is noted the property will deteriorate faster over time meaning a higher renewal cost later and may attract graffiti, vandalism and antisocial behaviour.

 

Short term capex cost estimate: $0

Maintenance costs are likely to increase over time and a complete renewal or demolition will be required at some stage.

(ii)  Basic like-for-like renewal:

This option is not recommended due to the ongoing maintenance and high renewal costs.

As a minimum for the building to be tenantable: refurbish the upper level only to a reasonable standard. Clean the lower level only (no refurbishment to lower level).

 

 

Main items as costed by community facilities project team are:

-     Exterior work (paint walls, roof, replace rotten window frames/sills and doors, reinstatement of bowling green, demolish blockwork building) $150,000

-     Structural repairs as required $127,000

-     Interior work (painting, carpet, vinyl, polyurethane timber floor) $76,000

-     Electrical work $33,000

-     Consultant’s fees $68,000

Comprehensive renewal:

Refurbish lower level: shower, toilets and offices including minor layout changes additional $200,000, (due to the work required to upgrade the toilets, shower and end office).

Capex cost estimate: $454,000 (basic renewal option)

A comprehensive renewal will cost upwards of $654,000

Costs for either renewal option would need to be met through the local board’s renewals budget.

Option 2 will incur ongoing building maintenance costs and renewal funding in later years.

(iii) Demolish:

This option is recommended by staff.

Demolish clubrooms and blockwork building. Remove weatherboard building for re-use elsewhere. Reinstate the area to grass.

Remove fencing and reinstate the land for passive use.

Operational cost estimate: $150,000.

Cost would be met through Community Facilities operational budgets.

No building related ongoing maintenance costs or renewal costs in later years (except for mowing).

 

26.     The cost estimate for the basic renewal under option 2 is based on a ‘like-for-like’ renewal.  The layout of the building on the upper level will remain as is, except for the removal of the bar and fridge. Any changes to the layout will incur additional costs and could possibly trigger a building consent (providing a shower on the upper level for instance).

27.     Currently the lower level is not suitable for a separate tenancy and is in very poor condition. If the building is to be retained, staff suggest cleaning this floor, removing the rotten carpets and black mould and closing this floor off. 

28.     Both options 2 and 3 include the removal of the exterior buildings (block building and weatherboard workshop) as well as reinstatement of the bowling green to grass.

29.     There is interest from community groups to lease this building. However, it cannot be leased in its current state (fire safety, structural issues, general state of wall and floor finishes).

30.     Rather than demolish the building, the Kaipātiki Local Board has resolved to lease the building to a community group (Pest Free Kaipātiki Restoration Society Incorporated) subject to the group funding the renewal of the building.

Lease to a group

31.     Staff advertised for EOI in the North Shore Times on 4 February 2021, which also included an invitation to an open day at site on 10 February. The EOI was advertised on council’s website for the month of February 2021.

32.     The EOI advertisement expressly stated the successful applicant must be able to self-fund the required building upgrade. The notice also advised that the successful group should not rely on local board or other council funding for the works.

33.     Due to the required works identified by Community Facilities as being in the region of $650,000, the assessment criteria for the EOI were weighted to consider each applicant’s ability to fund and undertake the works.

34.     The other criteria for the EOI assessment were:

· financial and group stability

· references

· usage and willingness to share the building and

·        alignment of the activity with both the land status and outcomes/objectives of the local board plan.

35.     The EOI assessment panel found Pest Free Kaipātiki Restoration Society Incorporated to have scored the highest against the above-mentioned criteria.

36.     PFK submitted a comprehensive application detailing their vision for the site and their proposed plan to reach this vision. As noted in their application, the group’s vision is to:

·        remedy the structural issues identified in the building

·        develop the lower level into storage only, which will allow resources of both time and funds to be concentrated on the upper floor and gardens

·        develop the upper floor into useable office space, operate a tool shed, have a larger room for workshops/seminars and update and tidy facilities

·        develop an outside nursery on raised growing platforms and

·        develop a hot-composting system to destroy seeds such as moth plant pods and other items which are currently sent to landfill.

37.     PFK’s proposal included a project timeline, estimated costs and a list of professional businesses who will volunteer their services to help keep costs down.

38.     Given the local board’s preference to progress with the group-funded renewal EOI the occupancy would be formalised through an agreement to lease over the entire advertised site of approximately 2245m2 of land and associated buildings to the highest-ranking applicant.

39.     The agreement to lease will incorporate terms and conditions around timeframes for completion of the building to a building warrant of fitness standard. Should timeframes included in the agreement not be met, the site and the buildings will again revert to Auckland Council (at zero cost).

40.     The agreement to lease will be for a term of two years to allow the group to undertake the required works on the buildings. If the agreement to lease conditions are met, the community group will be granted a longer-term lease of 10 years with one 10 year right of renewal.

Conclusion

41.     Options surrounding council undertaking the renewal works are unachievable due to constrained capital budgets. As the buildings were inherited, no depreciation funds have been allocated for renewals.

42.     A renewals project would only bring the buildings up to a code of compliance standard, not necessarily fit for purpose. The renewal option would also incur ongoing maintenance and additional renewal costs. It would also require the local board reallocating funding for renewal as part of future work programmes, which would have an impact on the board’s ability to renew other assets in the area as they become due.

43.     With the age of the buildings (over 50 years) and the issues identified in the investigation and inspection reporting, it is likely further works that have not been identified or costed will be required.

44.     The local board EOI, in acknowledgement of the scope of works required to bring the buildings up to code, resolved that staff work towards council transferring the buildings to Pest Free Kaipātiki Restoration Society Incorporated.

45.     With PFK owning the buildings they can apply to third party funders for grants related to the renewal works. In addition, under the Community Occupancy Guidelines 2012, PFK would be eligible to apply for a longer-term lease once the original term expires. Under the current guidelines, groups that own their own buildings have an automatic right to re-apply for a new lease at the end of their occupancy term.

46.     Transferring the buildings to PFK provides a number of benefits by:

a)      reducing the reliance and financial risks on council having to fund the ongoing capital and operational budgets while providing community-initiated programmes. This supports Auckland Council’s Strategy 2022, Kia Manawaroa Tātou, particularly the focus on “delivering within our means”. It also aligns to the Long-term Plan strategic direction of ‘providing community services differently’.

b)      creating a partnership between council and the community group, where the group becomes responsible for the renewal of the buildings in consideration of a long term right to own, occupy and use council owned land to provide services and programmes for the benefit of the wider community.

Tauākī whakaaweawe āhuarangi

Climate impact statement

47.     The designated impact level of the recommended decision on greenhouse gas emissions will result in minimal impact because the proposal will not alter the use of the reserve.

48.     PFK’s activities are in line with a sustainable environment. These activities will benefit all of the Kaipātiki Local Board area and help improve natural urban forest areas.


 

 

49.     Climate change will not impact the site as it is away from the coast and is well above sea level. Ross Reserve does not sit within a flood plain or flood prone area:

 

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

50.     Community Facilities, Parks, Sport and Recreation and Community Empowerment fed into the options proposed to the local board. Community Facilities Projects and Area Operations support ownership of the buildings being transferred to Pest Free Kaipātiki.

51.     Council’s legal services team have also had input into the text and recommendations within this report.

52.     The proposed lease has no identified impacts on other parts of the council group.

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

Local impacts and local board views

53.     The various options concerning the future of the buildings at Ross Reserve were discussed with the local board at workshops in November 2020 and May 2021.

54.     In July 2021 the local board resolved to request that council transfer ownership of the buildings at Ross Reserve to Pest Free Kaipātiki Restoration Society Incorporated on condition of the group being granted an agreement to lease and subsequent lease of
10 years with one 10-year right of renewal. Resolution number KT/2021/103 refers.

55.     The proposed agreement to lease and subsequent lease to PFK was publicly notified between 1 and 30 October 2021. No submissions or objections were received.


 

 

Tauākī whakaaweawe Māori

Māori impact statement

56.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its broader legal obligations to Māori. Council recognises these responsibilities are distinct from the Crown’s Treaty obligations and fall within a local government Tāmaki Makaurau context. These commitments are outlined in the council’s key strategic planning documents: the Auckland Plan, the Long-term Plan 2018-2028, the Unitary Plan, and individual local board plans.

57.     Staff engaged with the 11 iwi groups identified as having an interest in the site, on the preferred group and tenure of the proposed agreement to lease and subsequent lease via an email due to the Mana Whenua forum being cancelled.

58.     No opposition to the proposed lease was received as at the close of iwi engagement on 11 September 2021.

59.     Iwi identified as having an interest in the Kaipātiki Local Board area were invited to participate in the EOI process. No iwi group chose to apply.

60.     As three parcels of land within Ross Reserve are Crown-owned, the lease will include a Tiriti o Waitangi (the Treaty of Waitangi) clause to record Crown ownership of Lots 17, 18 and part Lot 19 Deposited Plan 39781 should the land be required for a treaty settlement in the future.

Ngā ritenga ā-pūtea

Financial implications

61.     Transferring ownership of the buildings to PFK will also transfer responsibility for all future costs associated with the building to the occupant, PFK.

62.     As council inherited the building from Glenfield Bowling Club Incorporated, under the terms outlined in the lease agreement there was no cost to council in acquiring the building. As a result, there is no renewals budget allocated to this property.

63.     The building when first inherited by virtue of the lease it was added to the asset register at a $1 value.

64.     Although the building has now been established to have an approximate residual value of $235,000 when considering the substantial funds council would be required to spend to bring it up to code, the building is more likely to be viewed as a liability to council.

65.     Although the costs associated with pursuing a lease cannot be accurately quantified, it was made clear in resolution KT/2021/103 that the local board will not support funding any application from PFK in relation to the refurbishment of the buildings.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

66.     There is no risk to council if the buildings are transferred to PFK as the agreement to lease to PFK details conditions required to bring the buildings up to code. If these conditions are not meet the subsequent lease will not go ahead and the buildings’ ownership will again revert to council at no cost.

67.     If the agreement to lease and lease do not go ahead due to ownership of the building, council staff will revert to their original advice from the July 2021 business meeting of Kaipātiki Local Board where it was recommended the buildings be demolished.

 

 

68.     Should the governing body resolve to not transfer the buildings at Ross Reserve to Pest Free Kaipātiki Restoration Society Incorporated:

a)      given the age of the building once renovation is commenced, it is likely that additional works will be required at extra cost that are not budgeted for by either a proposed tenant, council, or local board budget.

b)      ongoing renewals and maintenance costs will need to be budgeted for by council.

c)      the proposed tenant may find it harder not be able to secure funding for works on a building they do not own and subsequently may not be able to fulfil the conditions of the agreement to lease.

Ngā koringa ā-muri

Next steps

69.     Should the transfer of the buildings be approved, an agreement to transfer the asset will be finalised along with the agreement to lease and subsequent lease. It is anticipated that these agreements be finalised and executed over the next few months.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Buildings at Ross Reserve

155

b

Site Plan Ross Reserve

157

c

Resolution KT-2021-103

159

     

Ngā kaihaina

Signatories

Author

Phillipa Carroll - Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Community Facilities

Claudia Wyss - Director Customer and Community Services

Jim Stabback - Chief Executive

 


Governing Body

25 November 2021

 

 

PDF Creator


Governing Body

25 November 2021

 

 

PDF Creator


Governing Body

25 November 2021

 

 

PDF Creator

PDF Creator


Governing Body

25 November 2021

 

 

Waiheke Area Plan - allocation of non-regulatory decision making to the Waiheke Area Board - amendment to resolution GB/2020/128

File No.: CP2021/16253

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To amend resolution GB/2020/128 to enable the replacement of Independent Māori Statutory Board (IMSB) member Ngamane, on the decision-making committee for the Waiheke Area Plan, with Board member Henare or an alternate as appointed by the Independent Māori Statutory Board.

Whakarāpopototanga matua

Executive summary

2.       IMSB member Ngamane has resigned from the Planning Committee and effectively this also includes her membership of the Waiheke Area Plan working party and the Waiheke Area Plan decision making committee. 

3.       The Planning Committee resolution (PLA/2019/94) re-establishing the Waiheke Area Plan working party after the last Council elections did not stipulate a named IMSB board member and simply required an IMSB representative being a member of the working party.  Accordingly, IMSB has appointed member Henare to replace member Ngamane on the working party.   Mr Henare is the IMSB representative on the Planning Committee.

4.       The Governing Body delegated non-regulatory decision making on the Waiheke Area Plan to the Waiheke Local Board.  Resolution GB/2020/128 specifically requires IMSB member Ngamane to be a member of the Waiheke Area Plan decision making committee.

5.       It is proposed to amend that resolution to replace member Ngamane with member Henare or an alternate as appointed by the IMSB.  This is an administrative matter.

6.       The Waiheke Local Board will need to pass a similar resolution amending the board’s resolution (WHK/2020/223) of 16 December 2020.

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      agree that resolution GB/2020/128 pertaining to Item 11 – Recommendation from the Planning Committee:  Waiheke Area Plan – allocation of non-regulatory decision-making to the Waiheke Local Board from its 26 November 2020 meeting, be amended from:

Resolution number GB/2020/128

a)         subject to the Waiheke Local Board establishing a committee of the whole and appointing Independent Māori Statutory Board Member Ngamane to that committee, the Governing Body delegate authority to the Waiheke Local Board to make decisions on and to formally adopt the Waiheke Area Plan on the recommendations of the Waiheke Area Plan working party.


 

 

and replaced with:

a)      subject to the Waiheke Local Board establishing a committee of the whole and appointing Independent Māori Statutory Board Member Henare to that committee or an alternate Board member as appointed by Independent Māori Statutory Board, the Governing Body delegate authority to the Waiheke Local Board to make decisions on and to formally adopt the Waiheke Area Plan on the recommendations of the Waiheke Area Plan working party.

 

Horopaki

Context

7.       In 2021 Board Member Liane Ngamane resigned as the IMSB representative on the Planning Committee.   Board member Ngamane was also the IMSB representative on the Waiheke Area Plan working party and the Waiheke Area Plan decision making committee. 

8.       An earlier resolution of the Planning Committee (Resolution PLA/2019/94) approving the re-establishment of the Waiheke Area Plan working party, following the 2019 local body elections, appointed a representative of the IMSB to the working party.  A copy of this resolution is attached as Attachment A. 

9.       Tau Henare, the Deputy Chair of the IMSB and a IMSB representative on the Planning Committee has replaced member Ngamane on the Planning Committee.  The IMSB has recently confirmed his appointment to the Waiheke Area Plan working party. 

10.     However, member Henare cannot replace member Ngamane on the decision making committee for the Waiheke Area Plan, as Resolution GB/2020/128 specifically references IMSB board member Ngamane.

11.     The Governing Body on 26 November 2020, on the recommendation of the Planning Committee (Resolution PLA/2020/94), delegated authority to the Waiheke Local Board to make decisions on and formally adopt the Waiheke Area Plan, subject to an IMSB representative on the decision-making committee. Copies of the Planning Committee and Governing Body resolutions are attached as Attachment B and C respectively. 

12.     Resolution GB/2020/128 stated:

That the Governing Body:

a)   subject to the Waiheke Local Board establishing a committee of the whole and appointing Independent Māori Statutory Board Member Ngamane to that committee, the Governing Body delegate authority to the Waiheke Local Board to make decisions on and to formally adopt the Waiheke Area Plan on the recommendations of the Waiheke Area Plan working party.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     It is recommended that the resolution GB/2020/128 be amended to provide for IMSB board member Henare to replace Ngamane as the IMSB representative on the Waiheke Area Plan decision making committee. 

14.     To avoid any future issues with IMSB’s representation on this committee it is also recommended that the IMSB be authorised to appoint an alternate board member to member Henare, if required.


 

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

15.     The proposed amendment to the resolution is an administrative matter only and has no direct impact on climate change.  However, the draft Waiheke Area Plan contains a number of recommended actions addressing climate change on the island.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

16.     The proposed amendment will not have any impacts or implications on the wider council group.

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

Local impacts and local board views

17.     The Waiheke Local Board Chair, Cath Handley and officers have been kept informed of the need to amend the Governing Body resolution and are supportive of this change.

18.     No other local boards are affected by the proposed amendment as it is an administrative matter.

Tauākī whakaaweawe Māori

Māori impact statement

19.     Governance issues in relation to decision making were not canvased with the three iwi organisations (Ngāti Paoa Iwi Trust, Ngāti Paoa Trust Board and Ngāi Tai ki Tāmaki Trust).  However, the continued appointment of an IMSB representative on the Waiheke Local Board Committee to make decisions on and to adopt the Area Plan will ensure that iwi views are taken into account.

Ngā ritenga ā-pūtea

Financial implications

20.     There are no financial costs or implications for the Governing Body. 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

21.     There are no risks associated with replacing the IMSB representative on the Waiheke Area plan decision making committee.

Ngā koringa ā-muri

Next steps

22.     The Waiheke Local Board will need to pass a resolution amending the board’s resolution of 16 December 2020 (WHK/2020/223 (Attachment D)) establishing the decision making committee and replacing the reference to IMSB member Ngamane with member Henare or an alternate as appointed by the IMSB.

 


 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Resolution PLA/2019/93 Waiheke Area Plan and Aotea Great Barrier Island Area Plan - re-establishment of working parties

165

b

Resolution PLA/2020/99 Waiheke Area Plan - allocation of non regulatory decision-making to the Waiheke Local Board

167

c

Resolution GB/2020/128 Recommendation from the Planning Committee:  Waiheke Area Plan - allocation of non regulatory decision-making to the Waiheke Local Board

169

d

Resolution WHK/2020/223 Waiheke Area Plan – resolutions from Planning Committee and Governing Body

171

     

Ngā kaihaina

Signatories

Author

Michele Perwick - Senior Principal Planner

Authorisers

John Duguid - General Manager - Plans and Places

Jim Stabback - Chief Executive

 


Governing Body

25 November 2021

 

 

PDF Creator


Governing Body

25 November 2021

 

 

PDF Creator


Governing Body

25 November 2021

 

 

PDF Creator


Governing Body

25 November 2021

 

 

PDF Creator


Governing Body

25 November 2021

 

 

Summary of Governing Body information memoranda, workshops and briefings (including the Forward Work Programme) - 25 November 2021

File No.: CP2021/15087

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To tuhi / note the progress on the forward work programme appended as Attachment A.

2.       To tūtohi / receive a summary and provide a public record of memoranda, workshop and briefing papers that may have been held or been distributed to Governing Body members.

Whakarāpopototanga matua

Executive summary

3.       This is a regular information-only report which aims to provide greater visibility of information circulated to Governing Body members via memoranda/workshops and briefings or other means, where no decisions are required.

4.       The following memoranda/information have been sent:

Date

Memorandum

20.10.21

Notice of motion in Relation to Volunteer Groups in Kaipātiki – Kaipātiki Local Board Decision

20.10.21

Hub Building in Northcote Town Centre - Kaipātiki Local Board Decision

19.11.21

Enabling Housing Supply Amendment Bill - Kaipātiki Local Board Decision

 

5.       The following workshops/briefings have taken place:

Date

Workshop/Briefing

17.11.21

CONFIDENTIAL:  City Rail Link Limited

 

6.       These documents can be found on the Auckland Council website, at the following link:

http://infocouncil.aucklandcouncil.govt.nz/

at the top left of the page, select meeting/Te hui “Governing Body” from the drop-down tab and click “View”;

under ‘Attachments’, select either the HTML or PDF version of the document entitled ‘Extra Attachments’.

7.       Note that, unlike an agenda report, staff will not be present to answer questions about the items referred to in this summary.  Governing Body members should direct any questions to the authors.

 

 

Ngā tūtohunga

Recommendation/s

That the Governing Body:

a)      tuhi / note the progress on the forward work programme appended as Attachment A of the agenda report

b)      tūtohi / receive the Summary of Governing Body information memoranda, workshops and briefings – 25 November 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Forward Work Programme

175

b

Memorandum - Notice of motion in Relation to Volunteer Groups in Kaipātiki – Kaipātiki Local Board Decision (Under Separate Cover)

 

c

Memorandum - Hub Building in Northcote Town Centre - Kaipātiki Local Board Decision (Under Separate Cover)

 

d

Memorandum - Enabling Housing Supply Amendment Bill - Kaipātiki Local Board Decision (Under Separate Cover)

 

     

Ngā kaihaina

Signatories

Author

Sarndra O'Toole - Kaiarataki Kapa Tohutohu Mana Whakahaere / Team Leader Governance Advisors

Authoriser

Jim Stabback - Chief Executive

 


Governing Body

25 November 2021

 

 

 

Tira Kāwana / Governing Body
Forward Work Programme 2021

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee.  The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

 

Area of work and Lead Department

Reason for work

Committee role

(decision and/or direction)

Expected timeframes

Highlight the month(s) this is expected to come to committee in 2021

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Chief Executive’s Performance Objectives

The Appointments and Performance Review Committee has the delegation to recommend performance objectives.

The Governing Body must then consider the recommendations and make a decision.

Decision to approve performance objectives

 

Progress to date:

Setting the Chief Executives 2020/2021 performance objectives – Open Process Report 26 November 2020
Link to decision

Update Report on workforce and full-time equivalents CONFIDENTIAL 25 March 2021

Chief Executives Performance Objectives for FY22-24 CONFIDENTIAL 24 June 2021 released 29 July 2021
Link to decision

Decisions made at the Appointments and Performance Review Committee CONFIDENTIAL 28 September 2021
Link to decision / restatement
Link to released report and attachments

 

 

 

 

 

 

 

 

 

New Objectives

 

 

Review FY21/22

 

 

City Rail Link

Construction of the City Rail Link in the central city

Decisions to approve matter associated with City Rail Link

Decisions to note any matters raised by the Audit and Risk Committee about the project

 

Progress to date:

Appointments to board of City Rail Link 25 June 2020
Link to decision open process report
Link to restatement

Report on shareholder approval of major transaction 27 August 2020
Link to decision

Report on Targeted Hardship Fund for C3 Works CONFIDENTIAL 26 August 2021

 

 

As and when required

Review of council- controlled organisations

Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations

Decision on appointment of a council-controlled organisations review panel

Consider draft report on the key issues, feedback from the community and stakeholders

Decision on final report and recommendations

 

Progress to date:

11 August 2020 – Confidential Workshop

19 August 2020 – Confidential Workshop

Decision on the CCO Review 27 August 2020
Link to decision

Report and proposal to merge Auckland Tourism, Events and Economic Development (ATEED) and Regional Facilities Auckland (RFA) 27 August 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Annual Budget

(Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Annual Budget

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Consultation Material

Committee Forward Work Programmes

Responsibility for oversight of work programmes of all committee of the Governing Body.

Decision to note that all committee have adopted a forward work programme

 

Progress to date:

Report noting all committee forward work programmes
28 October 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Decision to adopt the Terms of Reference

Decision to adopt changes to Terms of Reference

 

Progress to date:

Terms of Reference approved November 2019
Link to decision

Terms of Reference amended to include working parties November 2019
Link to decision

Terms of Reference amended to include the Emergency Committee March 2020
Link to decision

Change to membership of Appointments and Performance Review Committee 24 June 2021
Link to decision

 

As and when required

Standing Orders

Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27

Originally adopted 16/12/2010

Decision to amend standing orders

 

Progress to date:

Change in light of COVID-19 March 2020
Link to decision

Change for Attendance by Electronic Link 25 June 2020
Link to decision

 

As and when required

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Decision to receive quarterly Health, Safety and Wellbeing report

 

Progress to date:

Report for December 2020 8 December 2020
Link to decision

Report for March 2021 25 March 2021
Link to decision

Report for May 2021 27 May 2021
Link to decision

Report for September 2021 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Hauora (Wellbeing) Review

The Auckland Council conducted a Hauora (Wellbeing) review for its staff in early 2021.

Decisions and reporting as and when required.

 

Progress to date:

Initial review report 27 May 2021
Link to decision

Update Report 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Top Risk Register

The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.

Decision to note the top risk register and risk heat map

Decision to receive quarterly reports

 

Progress to Date:

Enterprise Risk Update – February 2021 25 March 2021
Link to decision

Enterprise Risk Update – May 2021 27 May 2021
Link to decision

Enterprise Risk Update – September 2021 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Decision to approve submissions to the Crown as and when required

Decision to approve establishment and on-going implementation of co-management and other governance arrangements

 

As and when required

Governance Framework Review

The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards

Decisions on Joint Governance Working Party recommendations

Decisions on Service Levels and Funding

Decisions on Governance Framework Review implementation as required

 

Progress to Date:

Report on decision-making responsibilities for local services and local community services funding 28 October 2021
Link to decision

 

As and when required

National Three Waters Programme

The Minister of Local Government recently established a joint central-local government steering committee to provide oversight and guidance to support the reform, and to assist in engaging with local government, iwi/Māori, and other water sector stakeholders on options and proposals.

Decision to opt in to the first stage of the national three waters reform programmes

 

Progress to Date:

Report and decision on opt-in 27 August 2020
Link to decision

Feedback on Governments Reform proposal 23 September 2021
Link to decision

 

 

 

 

 

 

 

Initial Stage

 

 

 

 

 

 

Independent Review of Health and Safety at Port of Auckland

On 14 September 2020 the mayor announced that Auckland Council, as Ports of Auckland’s sole shareholder, would initiate an independent review of health and safety at Ports of Auckland

The proposed focus of the council’s independent review is to assess and comment on Ports of Auckland’s management of its critical risks for health and safety (including hazard identification, risk assessment, monitoring controls and resilience) and the health and safety culture at Ports of Auckland.

Decision to agree Terms of Reference.

Consider independent review.

Ports of Auckland Limited will present progress to implement the CHASNZ report recommendations in July and October 2021.

 

Progress to Date:

Report to agree Terms of Reference for the review 24 September 2020
Link to decision

Workshop held 12 April 2021

Final Report 29 April 2021
Link to decision

Progress with implementation 29 July 2021
Link to decision

Progress update on implementation POAL report
28 October 2021
Link to decision

Progress update on implementation CHASNZ report
28 October 2021
Link to decision

Note:   Further reporting will now be to the CCO Oversight Committee

 

 

 

 

           

 

 

 

 

 

Report from POAL

 

 

Report from POAL

 

 

BYLAWS

Animal Management Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to date:

Approve Statement of Proposal 27 May 2021
Link to decision

 

 

 

 

 

 

Recommendation

 

 

 

 

 

 

Freedom Camping in Vehicles

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Report on next steps 25 March 2021
Link to decision

Options Report 27 May 2021
Link to decision

Approve Statement of Proposal 23 September 2021
Link to decision

 

 

 

Direction

 

Options

 

 

 

Statement of Proposal

 

 

 

Property Maintenance Nuisance Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve Statement of Proposal 23 September 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

Recommendation

 

Signage Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

Statement of Proposal

 

 

 

Stormwater Bylaw

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

Statement of Proposal

 

 

 

 

Trading, Events and Filming Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 27 May 2021
Link to decision

 

 

 

 

 

 

Statement of Proposal

 

 

 

 

 

 

Traffic Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

No decision required until 2022.

 

 

 

 

 

 

 

 

 

 

 

 

 

Water Supply and Wastewater Network Bylaw 2015

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 25 February 2021
Link to decision

 

 

Statement of Proposal

 

 

 

 

 

 

 

 

 

 

 


 

Completed

Area of work

Committee role

(decision and/or direction)

Decision

 

Ark in the Park

Decision to appoint GB representatives to Ark in the Park.

Appointment of councillor representatives February 2020 Link to decision

 

Local government elections

Evaluation of 2019 election and preparation for 2022 election

Consider evaluation report of 2019 election

Decision on submission to Justice Select Committee Inquiry into 2019 election

Decision on voting system for the 2022 election and whether to establish Māori wards

Decision on evaluation and Māori wards February 2020 Link to decision

Decision on submission in Inquiry into 2019 election February 2020 Link to decision

 

 

Emergency Budget/ Annual Budget (Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Emergency Budget

 

Decision on Emergency Budget and consultation given COVID-19 – 16 April 2020 in confidential and released on 7 May 2020 Link to decision

Decisions on Emergency Budget and consultation 14 May 2020 Confidential
Link to decision 21 May 2020 released 25 June 2020
Link to decision 28 May 2020 released 25 June 2020

Decisions on Emergency Budget feedback Link to decision 16 July 2020

Final adoption of Emergency Budget Link to decision 30 July 2020

 

Elected members expense policy

Responsibility to adopt expense policy rules for Remuneration Authority approval

Adoption of policy 30 July 2020 Link to decision

 

Appointment of Chief Executive

Statutory requirement

Decision to appoint a new chief executive June 2020 in confidential

Chief Executive appointed July 2020 Link to announcement

 

Water Strategy

Monitoring drought situation.

 

Update from Watercare 25 June 2020 Link to decision

Update on water matters from Auckland Council 25 June 2020 Link to decision

Drought Restrictions Summer 2020/2021 24 September 2020 Link to decision

Review of Drought Restrictions for the 2020/2021 summer season 26 November 2020 Link to decision

Going forward this subject will be dealt with at the Environment and Climate Change Committee.

 

Review of Code of Conduct

Decision to adopt new Elected Members Code of Conduct

Scope of the Review Report 26 November 2020 Link to decision

Final report for adoption 25 May 2021 Link to decision

 

Decision-making Responsibilities of the Governing Body and Local Board

Decision to approve the policy and confirm any changes.

 

Report to approve 24 June 2021 Link to decision

 

Recovery Budget (10-year Budget 2021-2031)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt the 10-year Budget (Long-term Plan)

 

Various workshops being held January 2021 – June 2021

Agree items for consultation 9 December 2020 Link to decision

Agree other items for consultation 9 December 2020 Link to decision

Agree changes to urban rating and rating of farm and lifestyle properties for consultation 9 December 2020 Link to decision

Agree other Rates and Fees Issues for consultation 9 December 2020 Link to decision

Agree to consult on Paremoremo Public Transport Targeted Rate 18 February 2021
Link to decision

Agree to consult on amendments to the Revenue and Financing Policy 18 February 2021
Link to decision

Adopt consultation material 18 February 2021 Link to decision

Adopt Communications and Engagement Plan 18 February 2021 Link to decision

Agree Recovery Budget Mayor’s Final Proposal 25 May 2021 Link to decision

Agree Recovery Budget:  Other Proposals 25 May 2021 Link to decision

Agree Changes to the Urban Rating Area and Rating of Farm and Lifestyle Properties within the Urban Rating Area 25 May 2021 Link to decision

Agree Other Rates and Fees Issues for the Recovery Budget 25 May 20217 Link to decision

Independent Maori Statutory Board Funding Agreement 24 June 2021 Link to decision

Adoption of Revenue and Financing Policy 29 June 2021 Link to decision

Adoption of the Recovery Budget (10-year Budget 2021-2031) 29 June 2021 Link to decision

Rates Setting 2021-2022 29 June 2021 Link to decision

 

Group Remuneration Policy

Decision to approve the policy.

 

Report to approve policy 24 June 2021 Link to decision

 

Tūpuna Maunga o Tāmaki Makaurau Operations Plan

Decision to adopt Operations Plan and summary

 

Tango (adopt) DRAFT Operational Plan and Summary for consultation 9 December 2020
Link to decision

Report to agree to Operational Plan and include in the Recovery Budget (10-year Budget) 29 Jun 2021 Link to decision

 

Annual Report

Decision to adopt the Annual Report

Adoption 27 September 2021 Link to decision

 

Maori Outcomes Performance Measurement Framework

Decision to agree to finalise the framework.

This was reported to Parks, Arts, Community and Events Committee 8 July 2021 Link to decision

 

BYLAWS

Food Safety Information Bylaw Review

 

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Adoption of Food Safety Information Bylaw Review 30 April 2020 Link to decision

 

Cemeteries and Crematoria Bylaw 2014

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Statement of Proposal 24 September 2020 Link to decision

Approve panel recommendations and adopt amended bylaw 25 February 2021 Link to decision

 

 

Alcohol Control Bylaw Review

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Statement of Proposal 24 September 2020 Link to decision

Final decision report 29 April 2021 Link to decision

 

Navigation Safety Bylaw Review

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Approve statement of proposal 29 October 2020 Link to decision

Bylaw Panel Report to adopt bylaw 24 June 2021 Link to decision

 

 

Construction Bylaw 2015

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse

 

Wharves Bylaw 2015

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

Legislative requirement

Findings and Options Report 23 September 2021 Link to decision

Note:   Bylaw will lapse

 

 

 


 

Tira Kāwana / Governing Body
Forward Work Programme 2022

The Governing Body deals with strategy and policy decision-making that relates to the environmental, social, economic and cultural activities of Auckland as well as matters that are not the responsibility of another committee.  The full terms of reference can be found here: Auckland Council Governing Body Terms of Reference

 

Area of work and Lead Department

Reason for work

Committee role

(decision and/or direction)

Expected timeframes

Highlight the month(s) this is expected to come to committee in 2022

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

Chief Executive’s Performance Objectives

The Appointments and Performance Review Committee has the delegation to recommend performance objectives.

The Governing Body must then consider the recommendations and make a decision.

Decision to approve performance objectives

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City Rail Link

Construction of the City Rail Link in the central city

Decisions to approve matter associated with City Rail Link

Decisions to note any matters raised by the Audit and Risk Committee about the project

 

Progress to date:

Appointments to board of City Rail Link 25 June 2020
Link to decision open process report
Link to restatement

Report on shareholder approval of major transaction 27 August 2020
Link to decision

Report on Targeted Hardship Fund for C3 Works CONFIDENTIAL 26 August 2021

As and when required

Review of council- controlled organisations

Overview of and decisions relating to any council-controlled organisations review including the implementation of any resulting changes to council-controlled organisations

Decision on appointment of a council-controlled organisations review panel

Consider draft report on the key issues, feedback from the community and stakeholders

Decision on final report and recommendations

 

Progress to date:

11 August 2020 – Confidential Workshop

19 August 2020 – Confidential Workshop

Decision on the CCO Review 27 August 2020
Link to decision

Report and proposal to merge Auckland Tourism, Events and Economic Development (ATEED) and Regional Facilities Auckland (RFA) 27 August 2020
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

Annual Budget

(Annual Plan)

Statutory requirement

Decision to approve consultation documents, supporting information and process prior to consultation

Decision to adopt Annual Budget

 

Consultation Material

 

 

 

Adoption

 

 

 

 

 

 

Annual Report

Statutory requirement

Decision to adopt the Annual Report

 

 

 

 

 

 

 

 

Adoption

 

 

 

Committee Forward Work Programmes

Responsibility for oversight of work programmes of all committee of the Governing Body.

Decision to note that all committee have adopted a forward work programme

 

 

 

 

 

 

 

 

 

 

 

 

 

Terms of Reference

The Terms of Reference enables the governing Body to delegate to committees those power necessary for them to carry out their responsibilities to the most efficient and effective levels.

Any changes to the Terms of Reference must be done by the Governing Body.

Decision to adopt the Terms of Reference

Decision to adopt changes to Terms of Reference

 

Progress to date:

Terms of Reference approved November 2019
Link to decision

Terms of Reference amended to include working parties November 2019
Link to decision

Terms of Reference amended to include the Emergency Committee March 2020
Link to decision

Change to membership of Appointments and Performance Review Committee 24 June 2021
Link to decision

 

As and when required

Standing Orders

Statutory requirement under the Local Government Act 2002, Schedule 7, clause 27

Originally adopted 16/12/2010

Decision to amend standing orders

 

Progress to date:

Change in light of COVID-19 March 2020
Link to decision

Change for Attendance by Electronic Link 25 June 2020
Link to decision

 

As and when required

Health, Safety and Wellbeing

The Governing Body has the role of the person or organisation conducting a business or undertaking.

Decision to receive quarterly Health, Safety and Wellbeing report

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Hauora (Wellbeing) Review

The Auckland Council conducted a Hauora (Wellbeing) review for its staff in early 2021.

Decisions and reporting as and when required.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Auckland Council Top Risk Register

The Audit and Risk Committee will refer the risk register to the Governing Body every quarter.

Decision to note the top risk register and risk heat map

Decision to receive quarterly reports

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Te Tiriti o Waitangi / Treaty of Waitangi

The Crown negotiates settlements with iwi on a confidential basis and from time to time invites Council to express its views.

The Te Tiriti o Waitangi / Treaty of Waitangi Settlement Working party is accountable to the Governing Body and reports its findings to the Governing Body.

Decision to approve submissions to the Crown as and when required

Decision to approve establishment and on-going implementation of co-management and other governance arrangements

 

As and when required

Governance Framework Review

The Joint Governance Working Party will make recommendations to the Governing Body on governance matters of mutual interest to the Governing Body and local boards

Decisions on Joint Governance Working Party recommendations

Decisions on Service Levels and Funding

Decisions on Governance Framework Review implementation as required

As and when required

BYLAWS

Animal Management Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to date:

Statement of Proposal 27 May 2021
Link to decision

 

 

 

 

 

 

Recommendation

 

 

 

 

 

 

Freedom Camping in Vehicles

Explore the need for and options for regulating freedom camping in Auckland

Regulatory response may be required following completion of research and pilot

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Report on next steps 25 March 2021
Link to decision

Options Report 27 May 2021
Link to decision

 

 

 

Direction

 

Options

 

 

 

 

 

 

 

Property Maintenance Nuisance Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

 

 

 

 

 

 

 

 

 

 

 

Recommendation

 

Signage Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Stormwater Bylaw

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 26 August 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Trading, Events and Filming Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 27 May 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

Traffic Bylaw Review

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

No decision required until 2022.

 

 

 

 

 

 

 

 

 

 

 

 

 

Water Supply and Wastewater Network Bylaw 2015

Legislative requirement to review the bylaw and policy after five years.

Decision to approve statement of proposal #

Decision to Make/Amend/Revoke the bylaw

# public notification is required for bylaw reviews even if no change to the bylaw is recommended.

 

Progress to Date:

Approve statement of proposal 25 February 2021
Link to decision

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Governing Body

25 November 2021

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 6.1      Attachment a    Supporting Documentation     Page 193


Governing Body

25 November 2021

 

 

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[1]    Councillors Linda Cooper (Chair), Shane Henderson, Tracy Mulholland, and Independent Māori Statutory Board Member Glenn Wilcox.

[2]    Sections 82(1)(e), 82(1)(f), 83(3), 147A(1)(a) and 155 of the Local Government Act 2002 and sections 46 and 47 of the Local Government Official Information and Meetings Act 1987.

[3]      Albert-Eden, Waitematā, Devonport-Takapuna, Hibiscus & Bays, Howick, Kaipātiki, Upper Harbour, Ōrākei, Waitākere Ranges, Māngere-Ōtāhuhu and Whau Local Boards.

[4]      Councillors Linda Cooper (Chair), Cathy Casey and Independent Māori Statutory Board Member Glenn Wilcox.

[5]    Sections 82(1)(e), 82(1)(f), 83(3), 147A(1)(a) and 155 of the Local Government Act 2002 and sections 46 and 47 of the Local Government Official Information and Meetings Act 1987.

[6] Albert-Eden, Hibiscus and Bays, Howick, Māngere-Ōtāhuhu, Papakura, Upper Harbour and Waitematā Local Boards requested to present their views to the Bylaw Panel.

[7] Wai 262 refers to a Treaty Claim over indigenous flora and fauna and cultural and intellectual property.

[8] Please visit this link to access the full report.

[9]       Findings Report (EME/2020/81) and Options Report (REG/2020/32).

[10]   Councillor Linda Cooper (Chair), Catherine Harland and Independent Māori Statutory Board Member Glenn Wilcox.

[11]     Sections 82(1)(e), 82(1)(f), 83(3), 147A(1)(a) and 155 of the Local Government Act 2002 and sections 46 and 47 of the Local Government Official Information and Meetings Act 1987.

[12] Howick and Māngere-Ōtāhuhu Local Boards.