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

 

Date:

Time:

Meeting Room:

Venue:

 

Wednesday, 17 November 2021

10.00am

This meeting will proceed via Skype for Business. Either a recording or written summary will be uploaded on the Auckland Council website

 

Kaipātiki Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

John Gillon

 

Deputy Chairperson

Danielle Grant, JP

 

Members

Paula Gillon

 

 

Ann Hartley

 

 

Melanie Kenrick

 

 

Cindy Schmidt

 

 

Andrew Shaw

 

 

Adrian Tyler

 

 

(Quorum 4 members)

 

 

 

Jacinda Short

Democracy Advisor

 

11 November 2021

 

Contact Telephone: (09) 484 6236

Email: jacinda.short@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Kaipātiki Local Board

17 November 2021

 

 

ITEM   TABLE OF CONTENTS            PAGE

1          Welcome                                                                                   5

2          Apologies                                                                                 5

3          Declaration of Interest                                          5

4          Confirmation of Minutes                                                         5

5          Leave of Absence                                                                    5

6          Acknowledgements                                              6

7          Petitions                                                                 6

8          Deputations                                                           6

8.1     Extension of liquor ban for Birkenhead Town Centre                                                 6

9          Public Forum                                                                            6

10        Extraordinary Business                                       7

11        Request for alcohol ban extension at Birkenhead Town Centre                                     9

12        Allocation of Local Board Transport Capital Fund                                                                     67

13        Jessie Tonar Scout Reserve design approval 75

14        Approval of concept design for Windy Ridge Reserve playground renewal at 2 Windy Ridge Road, Birkenhead                                               95

15        Draft Contributions Policy 2021                      253

16        Three Waters Economic Regulation Submission                                                        287

17        Submission on a proposed new national waste strategy and associated waste legislation    295

18        Urgent Decision: local board input for inclusion in Auckland Council’s submission on the Resource Management Enabling Housing Supply Amendment Bill                    301

19        Kaipātiki Local Board Chairperson's Report 309

20        Members' Reports                                            311

21        Governing Body and Independent Maori Statutory Board Members' Update                 313

22        Governance Forward Work Calendar             315

23        Workshop Records - Kaipātiki Local Board - October 2021                                                     321

24        Consideration of Extraordinary Items

 


1          Welcome / Karakia

 

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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.

The Auckland Council Code of Conduct for Elected Members (the Code) requires elected members to fully acquaint themselves with, and strictly adhere to, the provisions of Auckland Council’s Conflicts of Interest Policy.  The policy covers two classes of conflict of interest:

i)        A financial conflict of interest, which is one where a decision or act of the local board could reasonably give rise to an expectation of financial gain or loss to an elected member; and

ii)       A non-financial conflict of interest, which does not have a direct personal financial component.  It may arise, for example, from a personal relationship, or involvement with a non-profit organisation, or from conduct that indicates prejudice or predetermination.

The Office of the Auditor General has produced guidelines to help elected members understand the requirements of the Local Authority (Member’s Interest) Act 1968.  The guidelines discuss both types of conflicts in more detail, and provide elected members with practical examples and advice around when they may (or may not) have a conflict of interest.

Copies of both the Auckland Council Code of Conduct for Elected Members and the Office of the Auditor General guidelines are available for inspection by members upon request. 

Any questions relating to the Code or the guidelines may be directed to the Local Area Manager in the first instance.

 

4          Confirmation of Minutes

 

That the Kaipātiki Local Board:

a)          confirm the ordinary minutes of its meeting, held on Wednesday, 20 October 2021, as true and correct record.

 

5          Leave of Absence

 

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


 

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

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

 

8.1       Extension of liquor ban for Birkenhead Town Centre

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this deputation is to address the Kaipātiki Local Board on the request to extend the liquor ban for Birkenhead Town Centre.

Whakarāpopototanga matua

Executive summary

2.       Kae Condon, Manager – Birkenhead Town Centre, Sergeant Dave Murden, Glenfield Police, and Jude Turner, owner of Cravehome, will be in attendance via Skype for Business to address the board on this item. 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the deputation.

b)      thank Kae Condon, Sergeant Dave Murden and Jude Turner for their attendance and presentation.

Attachments

a          17 November 2021 - Kaipātiki Local Board Business Meeting – A request to change Bylaws in Birkenhead Village liquor ban extension Birkenhead Village 24/7 November 2021......................... 327

 

 

9          Public Forum

 

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

 

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


 

 

10        Extraordinary Business

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


Kaipātiki Local Board

17 November 2021

 

 

Request for alcohol ban extension at Birkenhead Town Centre

File No.: CP2021/12283

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek a decision on whether to extend the existing Birkenhead Town Centre night-time alcohol ban to 24 hours, seven days a week ban.

Whakarāpopototanga matua

Executive summary

2.       To enable a decision on whether to extend the existing Birkenhead Town Centre (the town centre) night-time alcohol ban to 24 hours, seven days a week ban, staff have assessed the request against legislative criteria and considered two options:

·     option one: Status quo – no extension to existing night-time alcohol ban (refer to Attachment A of the agenda report)

·     option two: Extension – extend the existing night-time alcohol ban to 24 hours, seven days a week and include Enterprise Street and 2 - 20 Colonial Road.

3.       Staff recommend option one (status quo). This approach recognises that the evidence does not meet legislative criteria of a high level of crime or disorder caused or made worse by alcohol consumption at the town centre during the day.

4.       If option one (status quo) is adopted, there is a risk that council is perceived to be unresponsive to day-time disorder incidents at the town centre. This risk can be mitigated by clearly stating the reasons for the decision. The local board may also wish to consider requesting a Crime Prevention through Environmental Design assessment which may provide alternative solutions.

5.       Staff will notify the requester of the local board decision.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)     decline the request to extend the existing Birkenhead Town Centre night-time alcohol ban to 24 hours, seven days a week, noting that:

i)       the request does not meet the Local Government Act 2002 criteria that requires evidence of a high level of crime or disorder caused or made worse by alcohol consumption at the town centre during the day.

ii)       the existing night-time alcohol ban will continue to apply.

iii)      the New Zealand Police have powers to address crime or disorderly conduct under the Summary Offences Act 1981 and Crimes Act 1961 whether or not alcohol is involved.

Horopaki

Context

A request has been made to extend the night-time alcohol ban at Birkenhead Town Centre

 

6.       The existing Birkenhead Town Centre night-time alcohol ban applies from 10pm to 7am during daylight saving, and 7pm to 7am outside of daylight saving. It includes both the town centre and the nearby Birkenhead War Memorial Park (refer to Attachment A of the agenda report).

7.       On 25 May 2021, a request was received to extend the existing night-time alcohol ban to 24/7, seven days a week (refer to Attachment B of the agenda report).

8.       The request refers to issues occurring at the town centre, which is generally located in and around the area bordered by Birkenhead Avenue, Mokoia Road and Highbury Bypass.

Alcohol bans prohibit alcohol, are adopted by local boards and enforced by the police

9.       Alcohol bans prohibit the consumption or possession of alcohol in specified public places during specified times.

10.     The Kaipātiki Local Board has the authority to adopt alcohol bans in its local board area under the Auckland Council Alcohol Control Bylaw 2014 (resolution number GB/2014/121).

11.     A Local Board decision to adopt an alcohol ban must meet Local Government Act 2002 and Auckland Council Alcohol Control Bylaw 2014 criteria (refer to Table 1 and Attachment C of the agenda report).

12.     Police enforce alcohol bans using powers of search, seizure, arrest and $250 infringement fines. Police also have powers to address crime or disorderly conduct under the Summary Offences Act 1981 and Crimes Act 1961 whether or not alcohol is involved.

Tātaritanga me ngā tohutohu

Analysis and advice

The request was assessed against legislative criteria

 

13.     Evidence provided includes 15 incidents of disorder at the town centre over a 28-month period that are documented as being related to alcohol consumption in the town centre.

14.     Other evidence of requests for service to Police and noise control complaints are not documented as being related to alcohol consumption in the town centre. Anecdotal evidence provided in the request does however suggest that there may be a higher level of disorder related to drinking at the town centre than the documented evidence identifies.

15.     Staff have assessed the information provided in the request against the legislative and bylaw criteria in Attachment C to this report and provided a summary in the table below.

Criteria

Staff assessment

Met/Not met

Is there evidence of a high level of crime or disorder caused or made worse by alcohol consumed there?

Summary of assessment against criteria

·   no evidence provided of crime at the location – Police information is limited to request for service calls.

·   evidence of disorder caused or made worse by alcohol at the town centre during the day limited to 15 incidents of disorder over a 28-month period, which equates to one incident during the day just under every two months.

·   no documented evidence linking Police requests for service or noise control complaints to alcohol consumption in the town centre.

·   anecdotal evidence of alcohol-related disorder in the request suggests that there may however be a higher level of disorder related to drinking at the town centre than the documented evidence identifies.

Overall assessment

·    evidence does not meet ‘high level’ legislative criteria required.

û

Criteria not met

Is the request appropriate in light of the evidence?

Summary of assessment against criteria

·   while some incidents identified in the evidence are of a type that could be prevented by an extension to the alcohol ban, evidence suggests that many issues may relate to people with complex social needs (for example mental health or addiction issues) and/or who may be homeless or rough sleepers and other issues such as drug use and dealing, which would likely continue without alcohol.

·   an extension may only displace drinkers who may be homeless or rough sleepers to other areas

·   unclear from evidence whether the current night-time ban is effective, and whether extending the ban would reduce incidents.

·   further information about time and issues with people drinking in the Town Centre, approach to enforcement of the current night-time ban and future enforcement, and a Crime Prevention through Environmental Design assessment may be needed.

Overall assessment

·   request is not appropriate in light of the evidence provided.

 

û

Criteria not met

Is the request proportionate in light of the evidence?

Summary of assessment against criteria

·    to assess this criterion, the evidence must first indicate a high level of crime or disorder, the criteria for which is unmet (see above).

Overall assessment

·    insufficient evidence to justify extending existing night-time ban.

û

Criteria not met

Is the request a justifiable and reasonable limitation on people’s rights and freedoms?

Summary of assessment against criteria

·    in general local businesses and the community (including iwi) are supportive of alcohol bans, however:

evidence does not meet ‘high level’ legislative criteria required

there is insufficient information to determine benefits of extending the current ban to day-time hours and whether it will be effective or more effective than alternative solutions.

Overall assessment

·   insufficient evidence to be a justifiable and reasonable limitation on people’s rights and freedoms to drink responsibly in the town centre.

û

Criteria not met

Staff identified two options in response to the assessment

16.     Staff have identified and assessed two options in the table below that respond to the assessment in Attachment D to this report:

·     option one: Status quo – no extension to existing night-time alcohol ban (refer to Attachment A of the agenda report)

option two: Extension – extend the existing night-time alcohol ban to 24 hours, seven days a week and include Enterprise Street and 2 - 20 Colonial Road.

Option one: Status quo (Recommended)

Option two: Extension

Pros

Complies with legislative criteria.

No further limitations on people’s rights and freedoms to responsibly consume alcohol at the town centre.

Police continue to be able to address crime or disorderly conduct under the Summary Offences Act 1981 and Crimes Act 1961 whether or not alcohol is involved.

Supported in general by local businesses and the community.

Provides Police with additional tool to address alcohol-related disorder at the town centre during the daytime.

Manages risk of displacement to the Birkenhead War Memorial Park, Enterprise Street and 2-20 Colonial Road.

Addresses potential issues of disorder on Enterprise Street and 2-20 Colonial Rd, which are not covered in the current alcohol ban.

Cons

A level of alcohol-related disorder during the daytime at the town centre that is unacceptable to the local community may continue to occur.

Extension may be unlikely to reduce incidents at the town centre.

Implementation costs to update signage.

Unjustified and unreasonable limitations on people’s rights and freedoms compared to Option one.

Risks

Reputational risk that council is perceived as unresponsive to day-time disorder at the town centre.

Mitigation:

Clearly state reasons for decision (does not meet legislative criteria)

Request a Crime Prevention through Environmental Design assessment to identify alternative solutions, and that Police clarify enforcement approach.

Possible legal challenge due to insufficient evidence of a high level of day-time crime or disorder caused or made worse by day-time alcohol consumption at the town centre.

Mitigation:

Local board clearly states how it considers that the legislative criteria have been met.

The risk of legal challenge is considered low.

Staff recommend the status quo (no extension to the existing night-time alcohol ban)

17.     Staff recommend option one (status quo). This approach recognises that the evidence provided does not meet legislative criteria of a high level of crime or disorder caused or made worse by alcohol consumption at the town centre during the daytime.

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     The recommendations in this report have no significant impacts on climate change.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     Decisions related to the alcohol ban may impact the operation of council units involved in alcohol ban signage. Council units are aware of the impacts of possible changes to alcohol bans and their implementation role.

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

Local impacts and local board views

20.     In 2015, the Kaipātiki Local Board considered alcohol-related disorder at the town centre and decided to retain a night-time alcohol ban with hours aligned to new standard night-time alcohol ban hours (resolution number KT/2015/69). The night-time alcohol ban was first introduced in 2009 to address displacement of issues from regular drinking at the Birkenhead War Memorial Park at night.

Tauākī whakaaweawe Māori

Māori impact statement

21.     Managing alcohol-related harm increases opportunities for health and wellbeing and is consistent with the Māori Plan for Tāmaki Makaurau. Iwi have been widely consulted on the use of alcohol bans in the past and have to date been supportive of their use.

Ngā ritenga ā-pūtea

Financial implications

22.     If the local board adopts option one (status quo), there is no cost to the local board.

23.     If the local board adopts option two (extension), there may be a moderate cost for the local board associated with updating the current signage. Staff recommend a budget of $1500 for at least five new signs and contingency costs.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

24.     If option one (status quo) is adopted, there is a risk that council is perceived to be unresponsive to disorder incidents at the town centre that occur during the daytime.

25.     This risk can be mitigated by clearly stating the reasons for the decision. The local board may also wish to consider requesting a Crime Prevention through Environmental Design assessment which may provide alternative solutions.

Ngā koringa ā-muri

Next steps

26.     Staff will notify the requester of the decision. If the local board adopts option two (extension), staff will notify the relevant council departments to update any necessary signage and the council’s website information.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 - Kaipātiki Local Board business meeting - Map of existing Birkenhead Town Centre alcohol ban

13

b

17 November 2021 - Kaipātiki Local Board business meeting - Alcohol ban request for Birkenhead Town Centre

15

c

17 November 2021 - Kaipātiki Local Board business meeting - Decision-making requirements

51

d

17 November 2021 - Kaipātiki Local Board business meeting - Assessment of alcohol ban request

53

      

Ngā kaihaina

Signatories

Authors

Victor Faletutulu - Graduate Policy Advisor

Authorisers

Paul Wilson - Senior Policy Manager

Pania Elliot - Principal Policy Analyst

Heather Skinner - Local Board Advisor

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

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17 November 2021

 

 

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17 November 2021

 

 

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17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

Allocation of Local Board Transport Capital Fund

File No.: CP2021/16367

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek a resolution from the local board to approve the priorities of the projects set by the Kaipātiki Local Board for Auckland Transport to deliver from the Local Board Transport Capital Fund (LBTCF).

Whakarāpopototanga matua

Executive summary

This report covers:

2.       A summary of the LBTCF.

3.       Potential projects listed and considered to be funded through the LBTCF, and the report notes that this should expend nearly all of the LBTCF budget.

4.       There are risks that the latest COVID-19 lockdown may mean further budget cuts are necessary in the future, therefore it is expedient that prioritised projects are contracted out as soon as practicable.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      prioritise and allocate funding to the projects it wishes to progress.

Horopaki

Context

5.       Auckland Transport (AT) is responsible for all of Auckland’s transport services, excluding state highways.

6.       This report lists the LBTCF projects in the Kaipatiki Local Board area so the local board may prioritise the projects it wishes to progress (refer to Attachment A of the agenda report).

7.       The LBTCF is a capital budget provided to all local boards by Auckland Council and delivered by AT.  Local boards can use this fund to deliver transport infrastructure projects that they believe are important but are not part of AT’s work programme.  Projects must also be:

·     safe;

·     not impede network efficiency; and

·     be in the road corridor (although projects running through parks can be considered if there is a transport outcome).

Tātaritanga me ngā tohutohu

Analysis and advice

8.       The local board have had two workshops to consider their prioritised list as per the chart in Attachment A of the agenda report.


 

Tauākī whakaaweawe āhuarangi

Climate impact statement

9.       Auckland Transport engages closely with council on developing strategy, actions and measures to support the outcomes sought by the Auckland Plan 2050, the Auckland Climate Action Plan and council’s priorities.

10.     Auckland Transport’s core role is in providing attractive alternatives to private vehicle travel, reducing the carbon footprint of its own operations and, to the extent feasible, that of the contracted public transport network. These projects all support pedestrian and/or cyclist safety therefore contributing to climate change actions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

11.     The impact of information in this report is mainly confined to AT.

12.     Where LBTCF projects are being progressed by Auckland Council’s Community Facilities group, engagement on progress has taken place. Any further engagement required with other parts of the council group will be carried out on an individual project basis.

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

Local impacts and local board views

13.    AT have workshopped with the local board on their preferred projects they wish to progress. At this workshop matters discussed included:

·     priority of local board projects; and

·     allocation of the remaining LBTCF to projects.

Tauākī whakaaweawe Māori

Māori impact statement

14.     The proposed decision of receiving the report has no impacts or opportunities for Māori. Any engagement with Māori, or consideration of impacts and opportunities, will be carried out on an individual project basis.

Ngā ritenga ā-pūtea

Financial implications

15.     Allocating the local board transport capital fund budget as recommended and should expend nearly all of the outstanding funds in this political term.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

16.     The impact of the latest COVID lockdown has not been factored into these recommendations. There is a risk that budgets might be impacted by budget cuts resulting from the August-November 2021 lockdown.

17.     After the last lockdown in 2020, projects that were already contracted out once the Emergency Budget was resolved continued to be delivered, therefore the local board is advised to allocate funding to its preferred projects as soon as possible.

Ngā koringa ā-muri

Next steps

18.     Once the local board’s resolutions are finalised, AT will work to contract out the projects as soon as possible.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 - Kaipātiki Local Board business meeting - Kaipātiki LBTCF Project List November 2021

69

     

Ngā kaihaina

Signatories

Authors

Marilyn Nicholls – Elected Member Relationship Partner – North, Auckland Transport

Authorisers

Matthew Ah Mu – Programme Support Manager - Local Boards, Auckland Transport

Paul Thompson – Head of Community Engagement - North, Auckland Transport

Eric Perry - Local Area Manager, Local Board Services

 


Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

Jessie Tonar Scout Reserve design approval

File No.: CP2021/16413

 

  

Te take mō te pūrongo

Purpose of the report

1.       To approve the concept design of the Jesse Tonar Scout Reserve in Northcote as part of Te Ara Awataha greenway project.

Whakarāpopototanga matua

Executive summary

2.       Eke Panuku Development Auckland, in partnership with Healthy Waters will deliver the Jessie Tonar Scout Reserve upgrade project as part of Te Ara Awataha.

3.       The high level concept design and principles for Te Ara Awataha (including Jessie Tonar Scout Reserve) was endorsed by the Kaipātiki Local Board in December 2017 (resolution number KT/2017/184).

4.       Kaipātiki Project has been on site delivering community led restoration works since 2019. The reserve upgrade will build on and support its restoration works.

5.       Eke Panuku has engaged Isthmus to design Jessie Tonar Scout Reserve. The concept design has been refined through consultation with the local board at a workshop on 25 August 2021.

6.       The design has been developed in collaboration with the Auckland Council Healthy Waters, Community Services and Community Facilities.

7.       The concept design summary provided as Attachment A to the agenda report represents the outcomes of this process and the proposed design to be progressed to developed design.

Ngā tūtohunga

Recommendation

That the Kaipātiki Local Board:

a)      approve the concept design for the Jesse Tonar Scout Reserve in Northcote (included as Attachment A to the agenda report).

Horopaki

Context

8.       Te Ara Awataha has cultural, ecological, and recreational importance to the community.

9.       Te Ara Awataha comprises of a series of ‘connected’ spaces to form a contiguous and continuous public space network through Northcote. The ten spaces in the greenway, including Jessie Tonar Scout Reserve, consist of reserves, walkways and streetscapes.

10.     In December 2017, the Kaipātiki Local Board endorsed the Greenway Design Guide which provided a high-level concept design vision for the greenway (resolution number KT/2017/184). The concept design of Jessie Tonar Scout Reserve builds on the principles and concepts established in the Greenway Design Guide.

11.     The local board input into a Playspace Strategy and Signage and Wayfinding Strategy for the greenway in 2019 / 2020. This has also informed the concept design.

12.     Design themes and principles are strongly embedded in Te Ao Māori (a Māori world view) and have been developed in close partnership with Mana Whenua. This includes the development of the Mauri indicator tool ‘Take Mauri Take Hono’, which has informed the concept design for the Jessie Tonar Scout Reserve.

13.     Jessie Tonar Scout Reserve is a significant open space asset due to its status as ‘Significant Ecological Area’ (SEA). It houses the source and only remaining section of the historic Awataha Stream. As such, the design has both a storm-water function alongside ecological, social and amenity outcomes.

14.     Technical design aspects, including health and safety, have been reviewed by Healthy Waters and will be further refined and agreed with Healthy Waters, Community Services and Community Facilities during the developed design phase.

15.     The design outlined in the concept design summary was developed in consideration of past and recent community and stakeholder consultation and engagement undertaken as part of the wider Te Ara Awataha project. Further to this, Kaipātiki Project has sought input into the design as part of their ongoing restoration days and is currently seeking online feedback from site neighbours, local schools and restoration day participants which will inform the developed design refinement.

16.     The upgrade of Jessie Tonar Scout Reserve will be carried out by Eke Panuku with support from Healthy Waters and ongoing input from Community Services, Community Facilities and Kaipātiki Project.

Tātaritanga me ngā tohutohu

Analysis and advice

17.     Jessie Tonar Scout Reserve is a neighbourhood space surrounded by a rapidly growing community. The concept design creates a ‘backyard gathering space’ that includes opportunities for natural play, exploration trails, and recreation. This project presents a unique opportunity as a connection between people and nature in an increasingly urban environment.

18.     The design takes a light touch regenerative approach, building on the work of community members and the Kaipātiki Project to preserve and restore the bush habitat and its ecological connections. Within the bush section of the reserve, the design respects and enhances the character of the native planting and environment. An informal trail leads to the source of the Awataha stream, where there is opportunity to celebrate its beginning through artwork and the potential to naturalise.

19.     The concept design provides a space to engage with nature and grow community pride; learn, teach and connect through a process of interacting with the land. Natural play elements are integrated within the design in keeping with the Playspace Review recommendations.

20.     The proposed stream works have been developed in consultation with Healthy Waters, Community Services, Community Facilities and Mana Whenua. The stream works will improve stream health, access and fish passage in additional to celebrating the ‘puna’ (source) of the Awataha.

21.     There is an existing building on the reserve which is currently owned by an Aikido group who have a 5+5 year community lease to occupying the building. This design allows for the building to remain with the potential for some minor aesthetic upgrades to be completed in consultation with the building owners.

22.     The indicative plant palette is a selection from the full list of species created for the Awataha Greenway project. The plant list was created by Richelle Kahui-Mcconnell (of Mealofa Ltd) and Charmaine Bailie (Uru Whakaaro Ltd) on behalf of Mana Whenua kaitiaki. The planting palette will be further detailed through the design process and engagement with Kaipātiki Project.

23.     The design assumes the acquisition of an area of new reserve to the North of the existing entry. This acquisition process is currently underway. There is a future community garden proposed in this area. The garden will build off Kaipātiki Project learnings from their existing temporary community garden in the reserve and will be designed in collaboration with the future residents of Kaka Street to ensure ongoing ownership of this space.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24.     Te Ara Awataha seeks to create a resilient community open space that reduces the impact of climate change through mitigating flooding, increasing canopy cover and biodiversity, and supporting a transition to low carbon transport options such as walking and cycling.

25.     The concept design for Jessie Tonar Scout Reserve actively supports the outcomes stated above through increased planting, proposed stream works and improvements to the walkway through the reserve. Further to this, the future provision for community gardens supports the development of resilient and local food systems.

26.     The design actively seeks to reduce carbon through reuse of existing materials such as the gobi block paving on site and will form part of the zero waste trial currently underway for Te Ara Awataha.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

27.     Healthy Waters are supportive of the design and are partially funding the project.

28.     Community Services and Community Facilities are supportive of the concept design. We will continue to work with Community Facilities as it will be the asset owner of this space in the future. 

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

Local impacts and local board views

29.     On 13 December 2017, Kaipātiki Local Board endorsed the high-level concept design and principles for the Northcote Awataha greenway project.

30.     A local board workshop was held on 25 August 2021 to discuss the initial concept design of Jesse Tonar Scout Reserve. Concept design option 1 was discussed as the preferred option.

31.     The local board will be kept informed of progress of the project as it proceeds through developed design and construction

Tauākī whakaaweawe Māori

Māori impact statement

32.     Mana whenua have actively shaped this project through their ongoing partnership in the development in Te Ara Awataha through the Eke Panuku Kaitiaki Working Group. This includes the development of the Mauri indicator tool ‘Take Mauri Take Hono’, which has informed the concept design for Jessie Tonar Scout Reserve.

33.     On 21 September 2021, mana whenua endorsed the concept design at an Eke Panuku Kaitiaki Working Group workshop.

34.     The provision of quality parks and open spaces facilitates Māori participation in outdoor recreational activity.

35.     Additional benefits include:

·     demonstrating Auckland Council’s commitment to the Active Protection (Tautiaki Ngangahau) Principle of the Treaty of Waitangi; and

·     helping make Auckland a green, resilient and healthy environment consistent with the Māori world view and their role as kaitiaki of the natural environment.

36.     Mana whenua will remain involved as the project progresses into developed design.

Ngā ritenga ā-pūtea

Financial implications

37.     Project funding will be provided by Eke Panuku and Healthy Waters. A preliminary cost estimate on concept design is around $1M which is within the approved Eke Panuku / Healthy Water budgets. Healthy Waters is preparing a business case for the approval of its funding contribution toward the project.

38.     Annual maintenance costs are yet to be estimated. The concept design has been reviewed by the Community Facilities team and currently sits within their existing levels of service, with any required maintenance of the waterway being covered under a Service Level Agreement with Healthy Waters.

39.     Maintenance of the hard and soft landscaping will be covered under the construction contract for three years following practical completion. Practical completion is expected to be in the 2022/23 financial year. Maintenance costs will then transfer to council at the completion of the construction contract, anticipated in financial year 2025/26.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

40.     Consenting strategy / approval: stream restoration work involves ecological assessment which may impact the approval process and delay the design completion. The project team will work on a clear strategy to ensure all aspects of the consent is reviewed and will book a pre-application meeting with council before lodgement.

41.     COVID-19: depending on the alert levels and restrictions; supplier procurement, material availability will impact the project completion. The project team is considering Early Contractor Involvement procurement to ensure required resources are ordered early. Health and safety regulations to work under alert levels (if exist by the time construction works begins) will be followed to minimise risks.

42.     Cost escalation: due to global supply-chain issues, the final completion cost may exceed the initial estimates and approved council budget. The project team will review cost estimate during design phase and consider alternative options for material, construction methodology and design modifications to minimise the risk.

Ngā koringa ā-muri

Next steps

43.     Following the concept design approval, developed design will commence to prepare resource consent document with an aim to lodge the consent by March 2022.

44.     Following resource consent approval, construction will commence with project completion expected in FY22/23.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 - Kaipātiki Local Board Business Meeting - Jessie Tonar Scout Reserve concept design

79

  

Ngā kaihaina

Signatories

Authors

Amir Saadatijoo – Senior Project Manager, Eke Panuku Development Auckland

Sara Zwart - Principal Regenerative Design Lead, Eke Panuku Development Auckland

Authorisers

Kate Cumberpatch - Development Manager, Eke Panuku Development Auckland

Heather Skinner - Local Board Advisor

Eric Perry - Local Area Manager



Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

Approval of concept design for Windy Ridge Reserve playground renewal at 2 Windy Ridge Road, Birkenhead

File No.: CP2021/16654

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek approval of the concept design for the playground renewal at Windy Ridge Reserve, and progress the project to detailed design and construction

Whakarāpopototanga matua

Executive summary

2.       The renewal of the playground located on Windy Ridge Reserve was identified through a condition assessment. The Kaipātiki Local Board has allocated $411,000 of ABS: Capex Local Renewal funding including $45,000 of locally driven initiatives (LDI) Capex funding towards the renewal of the playground.

3.       The project was approved by the local board as part of the 2021/2022 Customer and Community Services work programme (resolution number KT/2021/86).

4.       The renewal of the playground will deliver significant improvements to the play and recreation needs of the community surrounding the local area.

5.       A draft concept design (refer to Attachment A of the agenda report) incorporating recommendations from the Kaipātiki Strategic Play and SunSmart Provision Assessment was presented to the local board at a workshop held on 7 April 2021.

6.       The estimated cost for the renewal is within the approved budget for the project.

7.       Staff now seek approval of the proposed concept design before progressing the project to detailed design, consenting, and construction.

8.       Following the approval of the proposed concept design, the consent process will begin in parallel with the development of the detailed design. The physical works to undertake the construction of the proposed design is expected to commence in February 2022.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      approve the concept design for the playground renewal at Windy Ridge Reserve, as per Attachment A of the agenda report and request staff to progress the project to detailed design and construction.

Horopaki

Context

9.       Windy Ridge Reserve is located on the corner of three residential roads and is within a short distance (200m) from Windy Ridge School. The playspace sits on the flat end of the reserve along the Windy Ridge roadside.

10.     The playspace consists of an old play module, a single swing, and a single bench within a fenced area. A fence is set closely around the playground's footprint and does not allow free access to the rest of the reserve. A rubbish bin is located well outside of the play area along with Valley View Road. The play equipment is in poor condition and has reached the end of the serviceable life.

Figure 1: Windy Ridge Reserve - aerial view

Map

Description automatically generated

Background

11.     Auckland Council parks and places specialist staff undertook the Kaipātiki Strategic Play and SunSmart Provision Assessment in 2018 (refer to Attachment B of the agenda report). The local board adopted the Kaipatiki Strategic Play and Sunsmart Provision Audit 2018 to inform decisions to improve their network of play experiences and shade provision at playgrounds (resolution number KT/2018/213).

12.     Kaipātiki Strategic Play and SunSmart Provision Assessment recommends filling the gaps in spinning/rocking play equipment, play provision for wider age group, retaining the fence, introduction of unstructured play to provide informal balance play and addition of landscape amenities which could include boulders, planting and small grass mounds.

13.     As a part of the Kaipātiki Local Board financial year 2021/2022 Customer and Community Services Work Programme, the local board approved a project and allocated $411,000 of ABS: Capex Local Renewal funding including $45,000 of locally driven initiatives (LDI) Capex funding to renew the playground at Windy Ridge Reserve.

14.     The project aligns with the following Kaipātiki Local Board Plan 2020 outcomes and objectives

Table 1: 2020 Kaipātiki Local Board Plan outcomes and objectives

Outcome

Objective

Deliverables

Outcome one: Belonging and wellbeing

Individuals and communities have a high level of wellbeing.

Picnic area to meet and share the space.

Outcome two: Environment

Our people are environmentally aware and work together to live sustainably.

A dedicated space within the reserve for a community garden to be developed.

Outcome three: Places and spaces

Our parks, playgrounds, and public spaces are SunSmart, high quality, accessible, and well maintained.

·    New trees and shade will be added to the new playground space.

·    Playspace will be relocated under the trees.

 

Tātaritanga me ngā tohutohu

Analysis and advice

Community consultation / Engagement

15.     Consultation with the local community for the renewal was undertaken in October 2019 through an online survey on the Auckland Council Have Your Say webpage and the Local Board Facebook page. 45 responses were received.

16.     The survey was also delivered to houses within a 500m radius of the playground including the local school via a letter drop. Direct engagement with a local placemaking group was also undertaken as part of the engagement plan.

17.     A summary of the Have Your Say survey is as below:

·     majority of the respondents (76%) walked to the reserve

·     most preferred play activities were climbing, sliding, and swinging, followed closely by jumping and balancing activities

·     80% of respondents would prefer the fence to be extended to cover the entire area of the reserve

·     17 requests were for provision of more shading.

18.     Feedback received from the placemaking group is as below:

·     would like permanent picnic tables as the community is multi-cultural, and seating in the park would provide more places for people to gather

·     fruit trees in the park or a community garden

·     the park itself feels old and could do with a bit of love. This is reflected in kids vandalising, tagging and damaging trees.

Proposed concept design

19.     The proposed concept design (refer to Attachment A - Windy Ridge Reserve - Concept Design) incorporates most of the elements from the consultation feedback received from the community and mana whenua engagement. Details of mana whenua engagement are noted under the Māori impact statement section of the report. The following feedback elements from the consultation are included:

·     shading

·     natural play equipment

·     fully fenced play space

·     play range to cater for wider age groups

·     provision of seats and picnic area to create a place for community to gather.

20.     The Community Facilities landscape architect developed the concept design. Suitable play equipment and their placement was investigated to deliver the project within the allocated budget.

21.     The proposed concept design incorporates recommendations from the Kaipatiki Strategic Play Provision and SunSmart Auditand includes key aspects highlighted through the community, iwi engagement process and feedback from the local board. The design includes:

a)   a treehouse and adventure course

b)   a pergola swings set and a basket swing

c)   a climbing hut and a hammock

d)   agility poles with windmills on top

e)   a picnic area including tables and a barbecue

f)    shade over the picnic area

g)   additional trees

h)   a nature trail and planting of native species

i)    a community library

j)    a fully fenced reserve

k)   a new path throughout the reserve

22.     The renewal of the playground will deliver significant improvements to the play and recreation needs of the community surrounding the local area. 

23.     It is recommended that the local board approve the concept design attached to the agenda report (refer to Attachment A of the agenda report) to allow the project to continue to detailed design, procurement and construction.

Tauākī whakaaweawe āhuarangi

Climate impact statement

24.     The council's climate goals as set out in Te Tāruke-ā-Tāwhiri: Auckland's Climate Plan are:

·     to reduce greenhouse gas emissions to reach net-zero emissions by 2050 and

·     to prepare the region for the adverse impacts of climate change.

25.     It is anticipated that there will be an increase in carbon emissions from construction, including contractor emissions. Staff will seek to minimise carbon and contractor emissions as far as possible when delivering the project. 

26.     Maximising the recycling of existing material to align with the waste management hierarchy (prevention, reduction, recycle) will be achieved by reusing soil from the old playground surface as a base layer.

27.     Mitigating greenhouse gas emissions will be achieved by sourcing low-carbon material options and using products with environmental declarations for embodied carbon reductions. All play equipment sourced and installed for this project will be locally made.

28.     The proposed concept design incorporates planting of new trees and retention of all existing vegetation to ensure natural shade provision for park users and potential further reduction in greenhouse gas emission.

29.     Climate change is unlikely to negatively impact the playground as the reserve is not located in a flood-sensitive or coastal inundation zone.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30.     Council staff from within the Customer and Community Services department as well as Auckland Transport have been consulted. They are supportive of the proposed concept design as it incorporates their service provision requirements.

31.     Once completed, collaboration with staff will be ongoing to ensure that the playground development is appropriately integrated into the operational maintenance and asset management systems.

32.     No impact on any other department or CCO has been identified.

33.     The renewal of the playground will deliver significant improvements to the play and recreation needs of the community surrounding the local area. 

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

Local impacts and local board views

34.     The playground renewal at Windy Ridge is one of the priority projects for the local board and will improve the play experience provided in Birkenhead. The renewal will benefit the community by offering enhanced play value, accessibility and shade as identified in Kaipātiki  Strategic Playspace and SunSmart audit (refer to Attachment B of the agenda report).

35.     A draft concept design was presented to the local board at a workshop held on 7 April 2021. The local board indicated their support of the design in principle and provided feedback which has been incorporated into the proposed concept design.  

Tauākī whakaaweawe Māori

Māori impact statement

36.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi and its statutory obligations and relationship commitments to Māori. These commitments are articulated in the council's key strategic planning documents, the Auckland Plan, the Long-term Plan 2021-2031, the Unitary Plan, Whiria Te Muka Tangata Māori Responsiveness Framework and Local Board Plans.

37.     The development discussed in this report will benefit Māori and the broader community by providing a place to undertake physical activity, socialise and learn through play. 

38.     A high-level concept design was circulated to all iwi interested in the Kaipātiki Local Board area in September 2020 via email as part of the consultation process. 

39.     Ngāi Tai ki Tāmaki and Ngā Maunga Whakahii o Kaipara registered their interest. A hui was organised on the 23 November 2020 and the following feedback was received:

·     want to see native planting

·     like the use of natural material

·     want the design to respect the trees

·     like the idea of gathering around the picnic area

·     support the concept design

·     support the placemaking group’s community garden initiative.

40.     Most of the feedback received through iwi engagement has been incorporated into the proposed concept design and project updates will be send to all iwi via email as requested. 

Ngā ritenga ā-pūtea

Financial implications

41.     The local board approved a project and allocated $411,000 of ABS: Capex Local Renewal funding including $45,000 of locally driven initiatives (LDI) Capex funding to renew the playground at Windy Ridge Reserve.

42.     The estimated cost to deliver the project is $389,509 (Table 2 below). This includes professional services, contingency, and construction costs. The estimated cost is within the total allocated budget for the project which was approved by the local board as part of the 2021/2022 Customer and Community Services work programme.

Table 2: Cost estimate and allocated budget to deliver the Windy Ridge Reserve Playground renewal

Item 

Cost estimate 

Professional services (including those spent to date, design, consultation, project management and consent) 

$54,509.18

Physical works 

$335,000

Project Total (estimate)

$389,509

Budget (allocated)

$411,000 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

43.     Cost estimates are based on current product supply and installation costs. There is a risk that these costs could change as the project progresses due to product availability and supply. If the delivery cost escalates over the budget, this will be discussed with the local board before proceeding further with the project. 

44.     Resource consent is required, and the preparation and processing of this consent may have an impact on the time frame for construction. Staff will endeavour to meet the deadlines.

45.     The COVID-19 pandemic could have a negative impact on the delivery of programmed work if the COVID-19 alert level changes. 

Ngā koringa ā-muri

Next steps

46.     Table 3 below summarises the anticipated next steps and estimated delivery timeframes for the project. The estimated timeframes assume successful and timely completion of each identified project step. However, unforeseen delays in the procurement and delivery due to COVID-19 can potentially delay the completion of the project beyond the specified timeframe. 

Table 3:  Project phasing and timelines

Phases

Timelines

Resource Consent application

November 2021

Procurement of physical works

December 2021

Physical works

From February 2022

Opening of playground

March 2022

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 - Kaipātiki Local Board Business Meeting - Windy Ridge Reserve - Concept Design

101

b

17 November 2021 - Kaipātiki Local Board Business Meeting - Attachment B - Kaipātiki Play and SunSmart Provision Assessment

107

     

Ngā kaihaina

Signatories

Authors

Stephanie Barker – Senior Project Manager

Authorisers

Sarah Jones – Manager Area Operations – Devonport-Takapuna and Kaipātiki

Taryn Crewe – General Manager Community Facilities

Heather Skinner - Local Board Advisor

Eric Perry - Local Area Manager

 



Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

Draft Contributions Policy 2021

File No.: CP2021/16539

 

  

Te take mō te pūrongo

Purpose of the report

1.       To seek feedback from local boards on the draft Contributions Policy 2021.

Whakarāpopototanga matua

Executive summary

2.       Development contributions allow for an equitable and proportionate share of the total cost of growth-related capital expenditure to be recovered from the development community.

3.       The Finance and Performance Committee adopted the draft Contributions Policy 2021 for consultation at its meeting on 16 September 2021 (resolution number FIN/2021/84). 

4.       Local board feedback is being sought to inform the Finance and Performance Committee’s consideration of the adoption of the Contribution Policy 2021 in December 2021.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      resolve feedback on the Contributions Policy 2021 on the key consultation topics:

i)       updating policy for capital projects in the 10-year Budget 2021-2031

ii)       inclusion of projects beyond 10-years to the policy in stages starting with Drury

iii)      requiring developers to pay their contributions earlier

iv)      proposal to support Māori development with grants

v)      any other issues.

Horopaki

Context

5.       Auckland’s population is expected to grow by 260,000 in the next ten years on top of the rapid population growth experienced in the last decade, bringing the projected population to approximately 1.9 million by 2031.

6.       Construction of 145,800 new dwellings is forecast in the next ten years. To support the development enabled by the Auckland Unitary Plan, the council is facing immediate demands for infrastructure in key growth areas and in response to construction on upzoned land, plan changes and the impact of the National Policy Statement on Urban Development.

Tātaritanga me ngā tohutohu

Analysis and advice

7.       Development contributions allow for an equitable and proportionate share of the total cost of growth-related capital expenditure to be recovered from the development community. The Contributions Policy sets out how the council will recover from new development an appropriate and fair share of the cost of infrastructure investment attributable to growth. There were four key consultation topics:

i)     Updating policy for capital projects in the 10-year Budget

         The draft policy provides for the recovery of $2.4 billion of development contributions revenue from $9.0 billion of projects with a growth component included in the 10-year budget.  The draft policy also included updated forecasts of population growth and dwelling construction. The combined impact of these changes is to lower the weighted average Development Contributions price from $23,900 to $21,100.

ii)  Inclusion of projects beyond 10-years to the policy in stages starting with Drury

         Extensive work has been undertaken in recent years on the infrastructure requirements to support growth in the investment priority areas. However, further work is required before these costs can be included in the contributions policy. Area specific amendments to the contributions policy will be proposed for consultation as the information becomes available.

         The first step in the Contributions Policy 2021 will be to add a programme of expenditure to fund some of the key infrastructure required to support growth in the Drury area. The impact of this change is to raise the Development Contributions price in Drury to $84,900 from between $11,000 and $18,300.

iii) Requiring developers to pay their contributions earlier

         The council proposed that Development Contributions be paid at the time of building consent for all development (residential and non-residential) except non-commercial development on Māori land (explained further below). This requires Development Contributions due at building consent to be paid 6 to 24 months earlier than under the current policy and reverses the changes made to the policy in 2019. When combined with the other changes proposed this lower the weighted average Development Contributions price to $19,300.

iv) A proposal to support Māori development with grants

         The draft policy proposed continuing the support for marae development and papakāinga and Māori housing[1] on Māori land through grants available through the Cultural Initiatives Fund. These grants can cover payment of development contributions in appropriate circumstances, along with other kinds of development costs.

8.       The proposed changes to the Contributions Policy 2021 were reported to the Finance and Performance Committee at its meeting on 16 September (refer to Attachment A of the agenda report).

Consultation

9.       Formal public consultation was held in September and October 2021. To support the consultation a number of documents were made available on the Have Your Say website, https://akhaveyoursay.aucklandcouncil.govt.nz/dc-policy.

10.     Two online Have Your Say events were held to provide opportunities for developers and other interested parties to learn more about the draft policy, ask questions and provide their feedback. A third event was also held to allow interested parties to present their views directly to the Finance and Performance Committee. All comments have been captured and will be reported through to the Finance and Performance Committee to inform decision-making on the final policy.

11.     A summary of the feedback received from submitters is set out in Attachment B of the agenda report – Analysis of feedback received.

Tauākī whakaaweawe āhuarangi

Climate impact statement guidance

12.       Recommendations in this report have a neutral climate impact as they relate to the funding of capital investment rather than decisions on the activities to be undertaken.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views guidance

13.       The information presented on the projects included in the draft Contributions Policy 2021 was developed in conjunction with the following council-controlled organisations and council units:

·      Auckland Transport

·      Eke Panuku Development Auckland

·      Healthy Waters

·      Community Facilities

·      Community and Social Policy

14.        The Chief Economist Unit and Research Investigations and Monitoring Unit worked with us on the impact of higher development contributions on the pace of development and on land and house prices. 

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

Local impacts and local board views

15.        The development contribution price varies by location depending on the cost of infrastructure required to support development in an area.

16.        Local board feedback is being sought to inform the Finance and Performance Committee’s consideration of the adoption of the Contribution Policy 2021 in December 2021.

Tauākī whakaaweawe Māori

Māori impact statement

17.        Recent legislative changes require the contributions policy to support the development of Māori land. Feedback from iwi on the draft policy was sought as part of consultation and via engagement with the Tāmaki Makaurau Mana Whenua Kaitiaki Forum.  All developers, including mana whenua, were provided an opportunity to present their feedback to the Finance and Performance Committee on 12 October.

18.        The Tāmaki Makaurau Mana Whenua Kaitiaki Forum have provided their feedback which has been included in Attachment B of the agenda report – Analysis of feedback received.

Ngā ritenga ā-pūtea

Financial implications

19.     The 10-year budget assumes development contributions revenue of $2.7 billion. After completing the analysis of the cost of investments in the 10-year budget that can be recovered with development contributions and the impact of the proposed policy changes, it is estimated that the revenue will be $2.6 billion. The achievement of this revised revenue forecast requires as a first step the implementation of a contributions policy updated for the capital expenditure decisions in the 10-year budget and the other changes proposed in this report.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

20.     The recommendation requesting local boards views does not present any risk. The risks associated with amending the contributions policy are set out in the report to the 16 September Finance and Performance Committee, Attachment A: Development Contributions Policy 2021 Consultation.

Ngā koringa ā-muri

Next steps

21.     Feedback from the public consultation will be reported to the Finance and Performance Committee workshop on 10 November 2021.

22.     Potential changes to the draft will be reported at the Finance and Performance Committee workshop on 1 December 2021. Staff will report to Finance and Performance Committee for the final policy adoption on 9 December 2021. Local board feedback will be included in the report.

23.     The Contributions Policy 2021 is proposed to be implemented in January 2022.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 -  Kaipātiki Local Board Business Meeting - Development Contributions Policy 2021 report to the Finance and Performance Committee

255

b

17 November 2021 -  Kaipātiki Local Board Business Meeting - Draft Contributions Policy 2021 – Analysis of feedback received

271

     

Ngā kaihaina

Signatories

Authors

Andrew Duncan - Manager Financial Policy

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Glenn Boyd – Acting General Manager Local Board Services

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

Three Waters Economic Regulation Submission

File No.: CP2021/16853

 

  

Te take mō te pūrongo

Purpose of the report

1.       To outline the Government’s Economic Regulation and Consumer Protection for Three Waters Services in New Zealand discussion paper, circulated by the Ministry of Business, Innovation and Employment, and to seek feedback from local boards.

Whakarāpopototanga matua

Executive summary

2.       On 27 October 2021, the Ministry of Business, Innovation and Employment released a discussion paper, “Economic Regulation and Consumer Protection for Three Waters Services in New Zealand”.

3.       The discussion document describes how the economic regulator is envisioned to operate and what its statutory obligations would be. The discussion document also provides a brief explanation of why economic regulation is required in the face of three waters reform. Finally, it asks for feedback on several topics.

4.       The views of local boards on the proposal are requested by 6 December 2021 to enable those views to influence the overall submission and to be included as an attachment to the council submission.

5.       Final submissions from Auckland Council to Government on this topic are due at 5pm on 20 December 2021.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      provide feedback for inclusion in Auckland Council’s submission on the Economic Regulation and Consumer Protection for Three Waters Services in New Zealand discussion paper

b)      make the following points in the administrative areas of:

i)       the need for economic regulation

ii)       the type of regulation and who would pay the costs

iii)      what parts of three waters the regulation would apply to

iv)      should the regulation apply to all providers

v)      how and when should regulation be implemented

vi)      what should be the statutory objectives of the regulation regime

vii)     what should compliance and enforcement look like

viii)    who the economic regulator should be

ix)      whether we need additional consumer protections and how those are regulated

c)       make the following points in the policy areas of:

i)       how the regulator should liaise with local government to ensure the growth aspirations of Auckland are met

ii)       how the regulator should liaise with local government to ensure the social, cultural, and environmental aspirations of Auckland are met.

Horopaki

Context

6.       On 27 October 2021, the Ministry of Business, Innovation and Employment (MBIE) released a discussion paper, “Economic Regulation and Consumer Protection for Three Waters Services in New Zealand”.

7.       The issues of economic regulation and consumer protection for three waters services in New Zealand is related, but separate, to the broader issue of the Water Services Bill. They require separate submissions as they are two different processes run by two different bodies and on different timeframes. There is a separate process to provide feedback about the reform in general. This process is to provide feedback on only the proposed economic regulation.

8.       According to central government, economic regulation will have a crucial role to play in driving the level of efficiency that will be required to keep water services affordable in the long run.

9.       Economic regulation ensures that the best outcomes for consumers will occur when there are monopoly markets, and the suppliers have a large amount of market power.

10.     In this case, it is proposed that the economic regulator will also act as the consumer protection regulator and be funded through levies.

11.     It is proposed that the Commerce Commission act in both capacities to regulate the newly-formed three waters industry in New Zealand after the Water Services Bill is enacted.

12.     The discussion document describes how the economic regulator is envisioned to operate and what its statutory obligations would be. The discussion document also provides a brief explanation of why economic regulation is required in the face of three waters reform. Finally, it asks for feedback on several topics.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     What follows is a short summary of the discussion document and the areas where feedback is sought through the submissions process.

What is economic regulation and why do we need it?

14.     Economic regulation protects consumers from the problems that can occur in markets with little or no competition and/or a large amount of market power. The regulation is intended to make businesses in the market behave similarly to how they would in a competitive market.

15.     Utilities tend to be what is known as a “natural monopoly”. These markets are more cheaply served by one firm rather than many because of massive fixed costs.

16.     Without regulation, markets with natural monopolies tend to have higher prices and/or lower outputs and/or lower output quality.

17.     While consumer involvement in the governance of natural monopolies is helpful, it is not sufficient to ensure the best outcomes for consumers. Consumer involvement must work in concert with regulation.

18.     Ultimately, the purpose of economic regulation is to advance the long-term interests of consumers. This ensures that suppliers deliver high-quality services that reflect consumer demand and incentivises improved efficiency. It also ensures any gains by the suppliers are passed through to the consumers.

What type of regulation is being proposed and who would pay the costs?

19.     There are several types of regulation – price-quality, information disclosure, and quality-only. In this case, it is proposed that the regulator be a price-quality regulator.

20.     Price-quality regulators essentially set upper limits on the price that can be charged by the supplier while setting lower limits on the quality of service that must be delivered.

21.     Typically, price-quality regulators operate on regulatory cycles of four to six years. It is proposed that the economic regulator operate on a five-year cycle, with the possibility of the first regulatory cycle being shorter.

22.     Economic regulation has costs. These costs come from two places. On one hand, the economic regulator costs money to operate and administer. On the other hand, the suppliers incur compliance costs to meet the requirements of the regulator.

23.     It is proposed that the administrative costs of the regulator be recovered through levies. This is a straightforward, transparent, and standard way of recovering these costs. Ultimately these costs are borne by the consumers.

24.     The cost to the supplier of complying with regulation is also ultimately borne by the consumers. Since both categories of regulatory costs are borne by the consumers, it is necessary to design the regulations to ensure they are net beneficial to consumers.

25.     Given the amalgamation proposed by the Water Services Bill will increase the market power of the water providers, it is likely that regulation is necessary. Further, the research for the Water Services Bill finds that even the current absence of profit motives, and the obligations to promote the social, cultural, environmental, and financial wellbeing of communities has been insufficient to ensure delivery of effective and efficient three waters service. Put another way, there is probably a case for economic regulation, even in the absence of the proposed three waters amalgamation.

26.     Thus, the MBIE’s recommendation is that three waters be price-quality regulated.

27.     However, there is also a question as to whether the regulation should be applied generically across all suppliers or tailored to individual suppliers. Given the inflexibility of generic regulation and Government’s strong commitment to water service quality, it is recommended that the price-quality regulation be flexible to allow for different incentives to the different suppliers.

What parts of three waters should regulation apply to?

28.     The delivery of stormwater services is fundamentally different to drinking water and wastewater.

29.     While drinking water and wastewater services are delivered directly to the beneficiaries (that is, the person drinking the water or flushing the toilet), stormwater services have a public good element as well. When the stormwater in one area is managed, it could make other areas less likely to flood, for instance. This means that it is difficult to identify and charge the consumers of stormwater services.

30.     Additionally, while drinking water and wastewater infrastructure is easily identified, stormwater infrastructure is more difficult. Stormwater systems are often integrated into roading networks, use natural topographical features, and are owned by various land holders and infrastructure providers.

31.     Internationally, when stormwater systems are operated alongside drinking water and wastewater, they tend to be economically regulated.

32.     The preliminary view put forward by the MBIE is that stormwater should be economically regulated, but it will be less straightforward to demonstrate that it is net beneficial.

Should the regulation apply to all providers?

33.     Three waters reform is proposed to result in four main entities serving approximately 85% of the population. The remainder would be served by small community or private schemes, or through self-supply. A recent study for Taumata Arowai suggested that there could be between 75,000 and 130,000 unregistered drinking water suppliers.

34.     None of these small-scale suppliers serves more than 5,000 customers. There are only three non-defense force suppliers that serve between 500 and 5,000 customers. 

35.     For even smaller (less than 500 customers) providers, it is likely that the owners of three waters supplier and the consumers of the services are largely the same people. Therefore, it is less critical to have a regulatory framework to ensure consumer wellbeing.

36.     Since the goal of the reform is to further consumer wellbeing, these other suppliers should only be regulated if the cost of regulation is outweighed by the benefits.

37.     Given the small scale and relatively high compliance costs, the MBIE has recommended that regulatory framework only apply to the new water service entities created by the Water Services Bill.

How and when should regulation be implemented?

38.     To be effective, price-quality regulation requires high quality information on the assets, costs and quality of service provided by regulated suppliers. However, the Three Waters Reform Programme has found that the scope and quality of the available information is not currently at the level that would be required to implement an effective economic regulation regime.

39.     Because of this information gap, it is unlikely that the regulatory regime would be operational by the time the new three waters entities are set to begin operation in 1 July 2024.

40.     However, starting the new entities operations without a regulatory framework in place poses its own risk.

41.     Therefore, the Government’s recommendation is that there should be a graduated approach to implementing a conventional cost-based price-quality path, with the first regulatory pricing period beginning 1 July 2027. In the interim the industry would improve its data and the regulator would work with the industry on information disclosure.

42.     This interim period from 1 July 2024 through to 30 June 2027 would leave the supplies unregulated in terms of price-quality. There are two potential solutions to this gap. The first is that the regulator impose a price-quality path based on incomplete information but using its best judgment. The second option is that an interim price-quality path be implemented by government. There are significant pros and cons to each option and the MBIE is seeking feedback on this issue.

What should be the statutory objectives of the regulation regime?

43.     Recently in New Zealand, regulatory regimes are set to achieve four goals.

a)     There must be incentives to innovate and invest.

b)     There should be incentives to improve efficiency.

c)      That the efficiency gains must be shared with consumers.

d)     Lastly, suppliers are limited in their ability to turn profits. This point is irrelevant to the three waters reform scenario.

44.     However, there is scope for the economic regulator to have responsibility for a broader range of objectives (including issues such as climate change and Te mana o te Wai).

45.     There is also a question as to how Te Tiriti o Waitangi considerations factor into the design of any economic regulatory regime for the three waters sector.

46.     The MBIE seeks feedback on what the precise role of the economic regulator should be and whether it should be expanded in the ways described above.

What should compliance and enforcement look like?

47.     Compliance and enforcement are essential for regulation to be effective.

48.     An economic regulator’s compliance and enforcement toolkit typically includes education initiatives, warning letters, infringement offences, pecuniary penalties, enforceable undertakings, and other civil remedies such as out-of-court settlements.

49.     The MBIE is seeking feedback on whether there needs to be any other tools in the toolkit.

Who should the economic regulator be?

50.     To be effective, regulators need to be at arms-length from government, transparent, accountable, credible, freely share information, and act in a coordinated way with policy agencies.

51.     There are three potential options for the economic regulator: Taumata Arowai, the Commerce Commission, or a new regulatory authority created specifically for economic regulation of three waters.

52.     The MBIE’s multi-criteria analysis suggests that the Commerce Commission is best suited to be the economic regulator. 

Do we need additional consumer protections and how are those regulated?

53.     Due to the nature of the three waters sector, there may be other consumer protections required. There likely needs to be rules around the acceptable likelihood and duration of supply outages, the acceptable level of leakage from reticulated supply networks, the level of resilience to natural and man-made hazards, and the amount of innovation and efficiencies delivered to consumers.

54.     These protections will be required because three waters is a natural monopoly and consumers cannot go elsewhere when unhappy with their service.

55.     Importantly, the current democratic, consultation, and governance mechanisms that are provided for in the Local Government Act 2002 will not apply to the proposed new Water Services Entities. In addition, the Ombudsman’s current role in dealing with complaints about local government agencies will cease.

56.     These points suggest that regulation needs to consider these angles of consumer protection above and beyond the standard roles of an economic regulator.

57.     There is also a need for additional protections for vulnerable consumers. It is recommended that that there should be a positive obligation on the regulator to consider interests of vulnerable consumers, and that minimum service level requirements are flexible enough able to accommodate a wide range of approaches to addressing consumer harm and vulnerability.

58.     The MBIE is seeking feedback on how the consumer protection regime could be designed in a way that contributes to equitable outcomes and mitigates unintended impacts on Māori. This includes impacts on different iwi/hapū, Māori landowners, urban Māori consumers, and rural Māori consumers. Additionally, views are sought on how the consumer protection regulator could be expected to consider Treaty obligations, and the cultural competency of the economic regulator to recognise the significance of water as a taonga for Māori.

59.     As with economic regulation, a multi-criteria analysis suggests that the Commerce Commission should be the consumer protection regulator.

How should consumer disputes be resolved?

60.     There are several ways that consumer disputes can be resolved.

61.     The preliminary preferred option put forward by the MBIE is for mandatory provision of consumer dispute resolution services, but feedback is sought as to whether this should be achieved through a new scheme or by expanding the mandate of an existing scheme.

62.     Traditionally, vulnerable populations face difficulties in accessing dispute resolution schemes. Therefore, it is important that both suppliers and the dispute resolution provider ensure that underserved and vulnerable communities can participate in processes that affect them including dispute resolution processes.

Local Board Feedback

63.     While the MBIE has posed 46 questions to submitters in the discussion document, only a few are acutely relevant. The following 11 questions are the most critical for the council family to provide feedback:

a)      What are your views on whether the stormwater networks that are currently operated by local authorities should be economically regulated, alongside drinking water and wastewater?

b)      Do you consider that the economic regulation regime should be implemented gradually from 2024 to 2027, or do you consider that a transitional price-quality path is also required?

c)      If you consider a transitional price-quality path is required, do you consider that this should be developed and implemented by an independent economic regulator, or by Government and implemented through a Government Policy Statement?

d)      What are your views on how Treaty of Waitangi principles, as well as the rights and interests of iwi/Māori, should be factored into the design of an economic regulatory regime for the three waters sector?

e)      Who do you consider should have primary responsibility for determining the structure of three waters prices: a. The Water Services Entity, following engagement with their governance group, communities, and consumers; b. The economic regulator; or c. The Government or Ministers?

f)       Who do you think is the most suitable body to be the economic regulator for the three waters sector? Please provide reasons for your view.

g)      What are your views on whether minimum service level requirements should be able to vary across different types of consumers?

h)      What are your views on whether the regulatory regime should include a positive obligation to protect vulnerable consumers, and that minimum service level requirements are flexible enough to accommodate a wide range of approaches to protecting vulnerable consumers?

i)       What are your views on how Treaty of Waitangi principles, as well as the rights and interests of iwi/Māori, should be factored into the design of a consumer protection regime for the three waters sector?

j)       Do you agree with the preliminary view that the Commerce Commission is the most suitable body to be the consumer protection regulator for the three waters sector?

k)      Do you consider that there should be special considerations for traditionally under-served or vulnerable communities? If so, how do you think these should be given effect?

64.     A recommendation requesting the views of local boards on the proposal is included in this report.

65.     Local board views are requested by 6 December 2021 to enable those views to influence the overall submission and to be included as an attachment to the council submission.

Tauākī whakaaweawe āhuarangi

Climate impact statement

66.     The discussion paper acknowledges that addressing climate change challenges and ensuring water service resilience is one of the drivers of the overall Three Waters Reform. However, the economic regulation regime is not being considered for these reasons directly.

67.     The proposed economic regulation framework does not have direct impacts on greenhouse gas emissions or climate. However, it may be in the purview of the regulator to ensure consumer expectations are met with regards to environmental and climate outcomes.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

68.     Relevant council departments and council-controlled organisations have been identified and contributions will be sought from them in developing the council group’s response to the Economic Regulation and Consumer Protection for Three Waters Services in New Zealand discussion paper.

69.     While overall three waters reform will have a direct impact on council and council-controlled organisations, economic regulation put in place after that reform will not have any impact on council or remaining council-controlled organisations.

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

Local impacts and local board views

70.     Local board views are sought as part of the development of the council’s submission and will be reported back to Governing Body. Local board resolutions will be included as part of council’s submission. 

Tauākī whakaaweawe Māori

Māori impact statement

71.     The overall three waters reform is, in part, to recognise and provide for iwi/Māori rights and interests with a specific focus on service delivery. It is proposed that iwi/Māori will have a greater role in the new Three Waters system, including pathways for enhanced participation by whānau and hapū as these services relate to their Treaty rights and interests.

72.     On a price-quality basis, economic regulation of the three waters industry does not directly impact on Māori any differently than other three waters services consumers. However, the overall three waters reform and specific topics within the economic regulation of three waters are likely to be of significant interest. In particular, how treaty obligations are considered, the recognition of water as taonga for Māori, and the overrepresentation of Māori in the group of consumers vulnerable to price shocks.

73.     Māori outcomes leads within the council family are being consulted on these topics.

Ngā ritenga ā-pūtea

Financial implications

74.     The submission can be developed within existing budget provision and as part of business-as-usual central government advocacy activity.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

75.     There is little risk in making a submission on the economic regulation of three waters. Conversely, there is high risk if we do not make a submission. As the work programme progresses, staff can provide further information about the potential impacts on council’s activities.

Ngā koringa ā-muri

Next steps

76.     The office of the Chief Economist is current drafting a submission on behalf of Auckland Council.

77.     Staff are preparing a report for the Governing Body seeking a delegation of Governing Body members to approve the council’s submission.

78.     The views of local boards on the proposal are requested by the 6 December 2021 to enable those views to influence the overall submission and to be included as an attachment to the council submission.

79.     The deadline for the final submission to Government is 20 December 2021.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Shane Martin - Senior Economist

Authorisers

Jim Stabback - Chief Executive

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

Submission on a proposed new national waste strategy and associated waste legislation

File No.: CP2021/16422

 

  

Te take mō te pūrongo

Purpose of the report

1.       To invite local board input into Auckland Council’s submission to the Government’s proposed new waste strategy and changes to waste legislation.

Whakarāpopototanga matua

Executive summary

2.       On 15 October 2021, the Ministry for the Environment released its consultation document on proposals for a new national waste strategy together with other issues and options relating to new waste legislation.

3.       This describes existing actions the Government has committed to and sets out new proposed actions it may include in the new national waste strategy to transform the way New Zealand manages its waste.

4.       The consultation document seeks feedback on the following three areas:

·     Part 1: seeking support for changes to how Aotearoa New Zealand manages its waste and support for moving towards a circular economy

·     Part 2: seeking feedback on a proposed new waste strategy

·     Part 3: seeking feedback on the development of more comprehensive legislation on waste: issues and options.

5.       A draft submission is being prepared by staff for discussion and endorsement by the Environment and Climate CHange Committee. Local board input into that submission is being sought, with a deadline of 10 November at 5pm for feedback to be considered in the council’s submission or 22 November 2021 at 5pm for feedback to be appended.

6.       The council’s submission will be developed based on policy positions articulated in relevant council strategy, such as Te Mahere Whakahaere me te Whakaiti Tukunga Para i Tāmaki Makaurau 2018 / Auckland Waste Management and Minimisation Plan 2018 and other recent council submissions on government policy relating to waste management and minimisation.

7.       Waste Solutions staff will lead the development of the council’s submission which is due to the Ministry for the Environment by 26 November 2021.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      provide feedback on the Government’s proposed new waste strategy and proposed changes to waste legislation for inclusion in an Auckland Council submission, noting that feedback is required by 5pm on 22 November 2021 to be appended.

Horopaki

Context

8.       On 15 October 2021, the Ministry for the Environment released its consultation document, Te kawe i te haepapa para: Taking responsibility for our waste: Proposals for a new waste strategy – issues and options for new waste legislation.

9.       A snapshot of the consultation document has also been made available online.

10.     This consultation intersects with other central government and Ministry for the Environment initiatives that focus on reducing waste and associated environmental impacts. These include:

·     the design of a container return scheme for beverage containers

·     the development of a national action plan for plastics

·     the increase and expansion of the waste levy

·     reducing greenhouse gas emissions from organic wastes via a proposed Emissions Reduction Plan.

11.     Recent Auckland Council submissions to the Ministry for the Environment on waste related topics have largely supported the government to use existing legislative tools to phase out single-use plastic shopping bags, to address single-use plastics, restrict the export of plastic wastes, and increase and expand the waste levy.

12.     These previous submissions related to specific aspects of the waste system. The current consultation proposes changes to the wider national policy framework for waste management and minimisation in Aotearoa New Zealand.

13.     The reasons for the proposed changes include the need to:

·     transform the way waste is managed, noting that Aotearoa New Zealand is one of the highest generators of waste per person in the world

·     strengthen and better align the existing legal framework that crosses the Waste Minimisation Act 2008, the Litter Act 1979, the Local Government Act 2002, the Health Act 1956 and the Resource Management Act 1991

·     address technical problems within the Waste Management Act 2008.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of the consultation document

14.     The consultation document seeks feedback across three separate areas as follows:

·     Part 1: seeking support for changes to how Aotearoa New Zealand manages its waste and support for moving towards a circular economy

·     Part 2: seeking feedback on a proposed new waste strategy

·     Part 3: seeking feedback on the development of more comprehensive legislation on waste: issues and options.

15.     Part 1 outlines the need to transform waste management and global shifts to a circular economy.

16.     Part 2 relates to a proposed new waste strategy for Aotearoa New Zealand to replace the 2010 Waste Strategy. The new strategy will reset the vision, direction and priorities for waste minimisation, along with setting targets for waste reduction.

17.     Part 3 details issues and options relating to a review of existing waste legislation. It sets out to reset the purpose, principles, governance, roles and responsibilities for waste management and minimisation, replacing the Waste Minimisation Act 2008 and the Litter Act 1979.

Development of the council’s submission

18.     The council’s submission will be developed based on policy positions articulated in related plans and strategies together with evidence and data from subject matter experts from across the council family, and input from previous mana whenua engagement and public submissions. We are also seeking local board feedback to inform our submission.

19.     Auckland Council’s position on waste management is guided by Te Mahere Whakahaere me te Whakaiti Tukunga Para i Tāmaki Makaurau – Auckland Waste Management and Minimisation Plan 2018 (‘the Waste Plan 2018’), and Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan.

20.     The Waste Plan 2018 is guided by the vision ‘Auckland aspires to be Zero Waste by 2040, taking care of people and the environment and turning waste into resources’ and sets out over 100 actions to achieve this vision. It continues a zero-waste vision that was originally set out in Auckland Council’s first Waste Minimisation and Management Plan 2012.

21.     Auckland Council is a member of the WasteMINZ Territorial Local Authority working group that will also be responding to the consultation document.

22.     Submissions received by the Ministry for the Environment as part of this consultation process will inform the government’s decisions regarding new waste legislation.

Timeframe for development of the Submission on a proposed new national waste strategy and associated waste legislation

Milestone

Date

Discussion document released

15 October 2021

Deadline for appended feedback

22 November 2021 at 5pm

Consultation period closes

26 November 2021

23.     The new waste strategy is to be finalised in 2022. A bill will be developed and introduced to Parliament later in 2022 for new legislation.

Further material and links

24.     Consultation document - Te kawe i te haepapa para: Taking responsibility for our waste: Proposals for a new waste strategy – issues and options for new waste legislation.

25.     A snapshot – consultation document - Taking responsibility for our waste: Proposals for a new waste strategy – issues and options for new waste legislation: A Snapshot.

Tauākī whakaaweawe āhuarangi

Climate impact statement

26.     The disposal and treatment of waste comprises around four per cent of Aotearoa’s gross greenhouse gas emissions. The main sources include organic waste, wastewater treatment, incineration and open burning, and biological waste treatment (composting).

27.     The consultation period aligns with a separate consultation led by the Ministry for the Environment on a national Emissions Reduction Plan. The outcomes from both consultations will influence the development of actions to reduce greenhouse gas emissions associated with the waste sector, and Auckland’s ability to achieve its regional emissions reduction targets of halving emissions by 2030 and reaching net zero emissions by 2050, as adopted by the council through Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan


 

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

28.     Feedback on the consultation document from relevant council departments and council-controlled organisations will be sought from subject matter experts.

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

Local impacts and local board views

29.     Changes to the waste strategy and legislation would impact many aspects of waste management including public awareness and education campaigns, purchasing choices, the way waste is collected and managed, and individual roles and responsibilities.

30.     The vision and direction of government efforts to support a circular economy may stimulate opportunities for greater reuse, recycling and recovery of materials such as through local resource recovery centres. Principles proposed for a new waste strategy such as taking responsibility for waste and delivering equitable and inclusive outcomes underpin the changes proposed and the way those would be assessed and delivered.

31.     Local board views provided on the draft submission will be either incorporated within the report or appended to the submission, depending on when feedback is received. Local boards provided strong direction through the development of the Waste Plan 2018 and other related recent submissions on government policy and these views will inform the overall direction of the submission.

Tauākī whakaaweawe Māori

Māori impact statement

32.     Staff have contacted the Independent Māori Statutory Board, the Tāmaki Makaurau Kaitiaki Forum and the Infrastructure and Environmental Services Mana Whenua Kaitiaki Forum to alert them to this proposal and the opportunity to input.

33.     The proposal includes opportunities for Māori expertise in any new independent advisory bodies, and increased Māori participation in decision-making at different levels, especially investment. It also seeks to address the gap in current waste management legislation around te Tiriti o Waitangi and Te Ao Māori.

34.     Previous feedback from consultation on the Waste Management and Minimisation Plan included 214 submissions received from Māori, with three from Para Kore Marae. These submissions showed key areas of support were for increasing the waste levy, resources and support for Māori initiatives, the food scraps kerbside collection (particularly from south Auckland respondents), Community Recycling Centres and local jobs, advocating for product stewardship (particular a container deposit scheme) and a focus on construction and demolition waste.

35.     Feedback expressed on previous related submissions, including consultation undertaken in March 2018 on the draft Waste Plan 2018 and Te Tāruke-ā-Tāwhiri will be incorporated into the development of this submission.

Ngā ritenga ā-pūtea

Financial implications

36.     The submission can be developed within existing budget provision and as part of business-as-usual central government advocacy activity.

37.     As the consultation is on proposed policy and legislation changes, it is not yet possible to quantify the budgetary consequences for the council. Potential financial implications for the council will be considered as part of the council’s submission.


 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38.     No risks related to the local board input into this process have been identified.

39.     Potential risks to the council arising from strategy and legislation changes will be considered as part of the council’s submission.

Ngā koringa ā-muri

Next steps

40.     The consultation document contains 43 questions that the Ministry is seeking responses to. Following discussion with staff, the feedback template provides a targeted list of questions that local boards may wish to focus their feedback on. This has been sent separately to the Senior Advisors and Advisors.

41.     Any local board feedback received after 10 November, but before 5pm 22 November 2021 will be appended to the council’s submission.

42.     The final submission is due to the Ministry for the Environment by 26 November 2021. A copy of the final submission will be provided to all elected members, local board members, and the Independent Māori Statutory Board once submitted.  

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacob van der Poel – Policy Advisor

Authorisers

Carol Hayward – Team Leader Policy & Operations Manager

Glenn Boyd – Acting General Manager Local Board Services

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

Urgent Decision: local board input for inclusion in Auckland Council’s submission on the Resource Management Enabling Housing Supply Amendment Bill

File No.: CP2021/16902

 

  

Te take mō te pūrongo

Purpose of the report

1.       To receive the decision made using the local board’s urgent decision-making process (resolution number KLB/2019/224) to provide local board input for inclusion in Auckland Council’s submission on the Resource Management Enabling Housing Supply Amendment Bill.

Whakarāpopototanga matua

Executive summary

2.       The Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill was released on 19 October. The stated purpose of the Bill is to improve housing supply in Tier 1 council areas (i.e. New Zealand’s high growth cities) by speeding up implementation of the National Policy Statement on Urban Development (NPS-UD) by at least one year and enabling more medium density homes.

3.       More information on the Bill can be found here Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill 83-1 (2021), Government Bill Contents – New Zealand Legislation

4.       Feedback on the Bill is due by 16 November 2021.

5.       The deadline for formal local board feedback is 9 November 2021 to allow time for appropriate consideration and influence on Council’s overall feedback.

6.       The next Kaipātiki Local Board business meeting is on 17 November 2021; therefore, the urgent decision process was used to formalise the local board’s feedback.

7.       A copy of the final Kaipātiki Local Board feedback approved under urgent decision can be found in Attachment A of this report.

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      receive the urgent decision made on 9 November 2021 as set out in Attachment A of this agenda report, providing local board feedback on Resource Management Enabling Housing Supply Amendment Bill. 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 - Kaipatiki Local Board feedback on Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill

301

     

Ngā kaihaina

Signatories

Authors

Heather Skinner - Local Board Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

Kaipātiki Local Board Chairperson's Report

File No.: CP2021/16016

 

  

Te take mō te pūrongo

Purpose of the report

1.       An opportunity is provided for the Kaipātiki Local Board Chairperson to update members on recent activities, projects and issues since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the chairperson’s report.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

Members' Reports

File No.: CP2021/16017

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for members to update the Kaipātiki Local Board on the projects and issues they have been involved with since the last meeting.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note any verbal reports of members.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

Governing Body and Independent Maori Statutory Board Members' Update

File No.: CP2021/16018

 

  

Whakarāpopototanga matua

Executive summary

1.       An opportunity is provided for Governing Body and Independent Maori Statutory Board members to update the board on Governing Body or Independent Maori Statutory Board issues, or issues relating to the Kaipātiki Local Board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Governing Body and Independent Maori Statutory Board members’ verbal updates.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

Governance Forward Work Calendar

File No.: CP2021/16362

 

  

Te take mō te pūrongo

Purpose of the report

1.       To provide an update on reports to be presented to the board for 2021 and an overview of workshops scheduled for the month ahead.

Whakarāpopototanga matua

Executive summary

2.       The governance forward work calendar was introduced in 2016 as part of Auckland Council’s quality advice programme. The calendar aims to support local board’s governance role by:

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

·    clarifying what advice is expected and when; and

·    clarifying the rationale for reports.

3.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public. The calendar is updated monthly, reported to local board business meetings, and distributed to council staff.

4.       The December 2021 – February 2022 governance forward work calendar for the Kaipātiki Local Board is provided as Attachment A to the agenda report.

5.       The November – December 2021 workshop forward work plan for the Kaipātiki Local Board is provided as Attachment B to the agenda report. Scheduled items may change at short notice depending on the urgency of matters presented to the local board.

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the Kaipātiki Local Board December 2021 – February 2022 governance forward work calendar and November – December 2021 workshop forward work plan.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 - Kaipātiki Local Board Business Meeting - Governance Forward Work Calendar

315

b

17 November 2021 - Kaipātiki Local Board Business Meeting - Workshops Forward Work Plan

317

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

PDF Creator


Kaipātiki Local Board

17 November 2021

 

 

PDF Creator


Kaipātiki Local Board

17 November 2021

 

 

Workshop Records - Kaipātiki Local Board - October 2021

File No.: CP2021/16365

 

  

Te take mō te pūrongo

Purpose of the report

1.       The purpose of this report is to record the Kaipātiki Local Board workshop held on Wednesday 13 October and Wednesday 27 October 2021.

Whakarāpopototanga matua

Executive summary

2.       At the workshop held on Wednesday 13 October 2021, the workshop session was on:

·     Connected Communities

-     Manaakitanga Kaipātiki

-     Para Kore Zero Waste Northcote

-     Streams Funding Agreement

-     Totaravale Placemaking

-     Governance Capacity Building Programme Placemaking work

·     Infrastructure and Environmental Services

-     Water quality monitoring and implementation programme

·     Parks Sports and Recreation

-     Toilet Provision Assessment

·     Thriving Communities Action Plan Refresh

3.       At the workshop held on Wednesday 27 October 2021, the workshop session was on:

·     Local Board Annual Planning workshop 1 – Local Board Work Programme and Local Board Agreement consultation direction setting

·     Auckland Transport

-     Glenfield Road/Coronation roundabout project

-     Onewa Clearway consultation

·     Community Facilities

-     Heath Reserve play space

-     Accessible play equipment

-     Island Bay Wharf, Birkenhead

 

Ngā tūtohunga

Recommendation/s

That the Kaipātiki Local Board:

a)      note the record for the Kaipātiki Local Board workshop held on Wednesday 13 October and Wednesday 27 October 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

17 November 2021 - Kaipātiki Local Board Business Meeting - 13 October 2021 Workshop Record

321

b

17 November 2021 - Kaipātiki Local Board Business Meeting - 27 October 2021 Workshop Record

323

     

Ngā kaihaina

Signatories

Authors

Jacinda Short - Democracy Advisor

Authorisers

Eric Perry - Local Area Manager

 


Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

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Kaipātiki Local Board

17 November 2021

 

 

 

 

 

 

 

 

ATTACHMENTS

 

Item 8.1      Attachment a    17 November 2021 - Kaipātiki Local Board Business Meeting – A request to change Bylaws in Birkenhead Village liquor ban extension Birkenhead Village 24/7 November 2021    Page 329


Kaipātiki Local Board

17 November 2021

 

 

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[1] Māori housing grants are only available for housing developments undertaken in conjunction with an urban marae and must fill the same general purpose as papakāinga