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

 

Date:

Time:

Meeting Room:

Venue:

 

Tuesday, 16 November 2021

5.00pm

This meeting will proceed via MS Teams. Either a recording or written summary will be uploaded on the Auckland Council website.

 

Ōtara-Papatoetoe Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Apulu Reece Autagavaia

 

Deputy Chairperson

Dawn Trenberth

 

Members

Dr Ashraf Choudhary, QSO, JP

 

 

Dr Ofa Dewes

 

 

Lotu Fuli

 

 

Swanie Nelson

 

 

Ross Robertson, QSO, JP

 

 

(Quorum 4 members)

 

 

 

Carol McGarry

Democracy Advisor

 

9 November 2021

 

Contact Telephone: +64 27 591 5024

Email: carol.mcgarry@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Ōtara-Papatoetoe Local Board

16 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                                                                                                       5

7          Petitions                                                                                                                          5

8          Deputations                                                                                                                    5

8.1     Deputation - Beautification Trust                                                                       5

8.2     Deputation - Otara Waterways and Lake Trust                                                 6

8.3     Deputation - Tāmaki Estuary Environmental Forum                                        6

9          Public Forum                                                                                                                  6

10        Extraordinary Business                                                                                                6

11        Governing Body Member Update                                                                                9

12        Board Members' Report                                                                                              11

13        Chairperson's Announcements                                                                                 13

14        November 2021 – Auckland Transport Local Board Transport Capital Fund Report for Ōtara-Papatoetoe Local Board - Update                                                             15

15        Approval for a new private road name at 42, 42A and 42B Redoubt Road, Manukau Central                                                                                                                           21

16        Approval for two new private road names at 29 - 35 & 39 Margaret Road, Papatoetoe.                                                                                                                   33

17        Approval for a new private road name at 95, 97 & 101 Pah Road & 3 Daphne Road, Papatoetoe                                                                                                                    41

18        Puhinui Reserve Service Assessment - Outcomes                                                 49

19        Update on Ara Kōtui (Improving Māori input into local board decision-making) 57

20        Social Impact Fund Allocation Committee – establish a local board joint committee to make appointments                                                                                               117

21        Draft Contributions Policy 2021                                                                               127

22        Submission on a proposed new national waste strategy and associated waste legislation                                                                                                                   161

23        National Emissions Reduction Plan Discussion Document – draft council submission                                                                                                                 167

24        Three Waters Economic Regulation Submission                                                  173

25        Ōtara-Papatoetoe Local Board Achievements Register 2019-2022 Electoral Term 181

26        Local board resolution responses and information report                                  193

27        Governance Forward Work Calendar                                                                      199

28        Record of Ōtara-Papatoetoe Local Board Workshop Notes                                 203

29        Consideration of Extraordinary Items

 


1          Welcome

 

2          Apologies

 

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

 

3          Declaration of Interest

 

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

 

4          Confirmation of Minutes

 

That the Ōtara-Papatoetoe Local Board:

a)         confirm the ordinary minutes of its meeting, held on Tuesday, 19 October 2021, as true and correct.

 

 

5          Leave of Absence

 

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

 

6          Acknowledgements

 

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

 

7          Petitions

 

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

 

8          Deputations

 

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

 

8.1       Deputation - Beautification Trust

Te take mō te pūrongo / Purpose of the report

1.       Daniel Barthow – Chief Executive Officer and Dawn Crispe - Community Manager from Beautification Trust will be in attendance to share with the board the impact the Beautification Trust has had in South Auckland communities.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      thank Daniel Barthow and Dawn Crispe from the Beautification Trust for their attendance and presentation.

Attachments

a          Beautification Trust presentation.................................................................. 213

 

 

8.2       Deputation - Otara Waterways and Lake Trust

Te take mō te pūrongo / Purpose of the report

1.       Katie Jones and Richard Myhre from Ōtara Waterways and Lake Trust will be in attendance to present to the board.

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      thank Katie Jones and Richard Myhre from Ōtara Waterways and Lake Trust for their attendance and presentation.

 

 

8.3       Deputation - Tāmaki Estuary Environmental Forum

Te take mō te pūrongo / Purpose of the report

1.       Julie Chambers from the Tamaki Estuary Environmental Forum will be in attendance to present to the board on the Tāmaki Estuary Environmental Forum Healthy Waters Innovate Auckland – Stream Monitoring project .

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      thank Julie Chambers from the Tāmaki Estuary Environmental Forum for her attendance and presentation.

Attachments

a          Tāmaki Estuary Environmental Forum Healthy Waters Innovate Auckland – Stream Monitoring project presentation.................................... 233

 

 

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.”


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Governing Body Member Update

 

File No.: CP2021/11131

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       A period of time (10 minutes) has been set aside for the Manukau Ward Councillors to have an opportunity to update the Otara-Papatoetoe Local Board on regional matters.

 

 

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      receive the verbal reports from the Manukau Ward Councillors.

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.      

Ngā kaihaina / Signatories

Author

Carol McGarry - Democracy Advisor

 

 

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Board Members' Report

 

File No.: CP2021/11141

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       Providing board members with an opportunity to update the local board on the projects and issues they have been involved with since the last meeting.

 

 

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board;

a)      receive the board members’ written and oral reports.

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Author

Carol McGarry - Democracy Advisor

 

 

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Chairperson's Announcements

 

File No.: CP2021/11160

 

  

 

Te take mō te pūrongo / Purpose of the report

This item gives the chairperson an opportunity to update the board on any announcements.

 

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      receive the chairperson’s verbal update.

 

 

Ngā tāpirihanga / Attachments

There are no attachments for this report.     

Ngā kaihaina / Signatories

Author

Carol McGarry - Democracy Advisor

 

 

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

November 2021 – Auckland Transport Local Board Transport Capital Fund Report for Ōtara-Papatoetoe Local Board - Update

File No.: CP2021/16419

 

  

 

Te take mō te pūrongo

Purpose of the report s

1.       To request the Ōtara-Papatoetoe Local Board allocate further funds from its Local Board Transport Capital Fund to their priority projects.

Whakarāpopototanga matua

Executive summary

2.       November 2021 – Auckland Transport Local Board Transport Capital Fund Report for Ōtara-Papatoetoe Local Board – Update is provided as Attachment A.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      note that the allocations the Ōtara-Papatoetoe Local Board made to the Rongomai Walkway (Stage II – Belinda Ave to Dunstan Place) and Ōtara Creek Esplanade Path Network – Franklyne Road Path Upgrade projects at its October 2021 meeting (OP/2021/160) is insufficient and further funding allocation is needed to complete the projects

b)      allocate an additional $23,000 from its Local Board Transport Capital Fund for the construction of the Rongomai Walkway (Stage II – Belinda Ave to Dunstan Place) by Auckland Council’s Community Facilities department

c)      allocate an additional $120,000 from its Local Board Transport Capital Fund for the construction of the Ōtara Creek Esplanade Path Network – Franklyne Road Path Upgrade by Auckland Council’s Community Facilities department.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

November 2021 – Auckland Transport Local Board Transport Capital Fund Report for Ōtara-Papatoetoe Local Board – Update

17

     

Ngā kaihaina

Signatories

Author

Carol McGarry - Democracy Advisor

Authoriser

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Approval for a new private road name at 42, 42A and 42B Redoubt Road, Manukau Central

File No.: CP2021/15816

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Ōtara-Papatoetoe Local Board to name a new private road, being a commonly owned access lot (COAL), created by way of a subdivision development at 42, 42A and 42B Redoubt Road, Manukau Central.

Whakarāpopototanga matua

Executive summary

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

3.       On behalf of the developer and applicant, Harsimran Chandoke of Sunshine Homes Limited, agent David Wren has proposed the names presented below for consideration by the local board.

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

5.       The proposed names for the new private road at 42, 42A and 42B Redoubt Road are:

·    Simran Lane (applicant preferred)

·    Harkirat Lane (alternative)

·    Waheguru Lane (alternative).

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      approve the name Simran Lane (applicant’s preferred name) for the new private road created by way of subdivision at 42, 42A and 42B Redoubt Road, Manukau Central, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references BUN60324966 and SUB60324969).

Horopaki

Context

6.       Resource consent reference BUN60324966 (subdivision reference number SUB60324969) was issued in January 2019 for the construction of 19 new residential freehold units and a commonly owned access lot (COAL).

7.       Site and location plans of the development are provided in Attachment A.

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

9.       This can be seen in Attachment A, where the COAL that requires a name is highlighted in grey.

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

12.     The applicant has stated that South Auckland has a growing Indian population, especially in the areas of Manukau, Mangere, Manurewa and Papatoetoe. The applicant has therefore chosen three names with religious or community significance that are closely associated with people and cultural values within the Indian population. The names do not relate to the land directly but to the people. The names have been revised from earlier names, Bhagat, Mohammed and Nanak to represent values rather than figures. The names are detailed in the table below:

Proposed name

Meaning (as described by applicant)

Simran Lane (applicant Preferred)

Meaning Meditation and remembrance of God's name

Harkirat Lane

(alternative 1)

Meaning Praise of God

Waheguru Lane (alternative 2)

Meaning one God

 

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

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

15.     ‘Lane’ is an acceptable road type for the new private road, suiting the form and layout of the COAL.

16.     Community groups and mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows. The applicant sent the proposed names to the New Zealand Indian Central Association. They have written in support of the names in the following order: Bhagat Lane; Harkirat Lane, Simran Lane (noting the name Bhagat has been superseded for Waheguru since the letter). The letter can be viewed in Attachment C.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

19.     This report seeks the decision of the local board and the decision sought is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

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

21.     On 28 July 2021 mana whenua were contacted by council on behalf of the applicant, through the Resource Consent department’s central facilitation process, as set out in the Guidelines. Representatives of the following groups with an interest in the general area were contacted:

·        Ngāi Tai Ki Tāmaki

·        Te Kawerau ā Maki

·        Ngāti Tamaoho

·        Te Ākitai Waiohua

·        Te Ahiwaru Waiohua

·        Ngāti Te Ata Waiohua

·        Ngāti Paoa

·        Ngāti Maru

·        Ngāti Tamaterā

·        Waikato-Tainui

·        Ngāti Whanaunga.

22.     By the close of the consultation period, responses were only received from Waikato Tainui and Te Kawerau ā Maki.

23.     Waikato-Tainui deferred to mana whenua to take the lead. Te Kawerau ā Maki also deferred to their whanaunga to take the lead. With assistance from the Local Board Advisory team, the mana whenua groups with specific interest in this location were identified. On 30 September further email requests for feedback were sent to representatives of Ngāti Tamaoho, Te Ākitai Waiohua, Ngāti Te Ata Waiohua and Ngāi Tai Ki Tāmaki. No responses have been received.

24.     No other responses, comments, or feedback were received. Dependent on the scale of the development and its level of significance, not all road naming applications receive comments from mana whenua. Ongoing effort has been made to engage with mana whenua however there has been no response.

It is therefore considered that adequate consultation with local mana whenua groups has been undertaken. The ongoing delay to the applicant, resulting from attempts to engage with mana whenua, are now having detrimental effects on the development and the applicant has requested the local board continue with the decision-making process.

25.     This site is not listed as a site of significance to mana whenua and no Te Reo Māori names are proposed.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site Plan

27

b

Location map

29

c

Support Letter from NZ Indian Association

31

     

Ngā kaihaina

Signatories

Author

Elizabeth Salter - Subdivision Technical Officer

Authorisers

David Snowdon - Team Leader Subdivision

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

PDF Creator


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

PDF Creator


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Approval for two new private road names at 29 - 35 & 39 Margaret Road, Papatoetoe.

File No.: CP2021/16383

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Ōtara-Papatoetoe Local Board to name two new private roads, being commonly owned access lots (COAL 1 & COAL 2), created by way of a subdivision development at 29 - 35 & 39 Margaret Road, Papatoetoe.

Whakarāpopototanga matua

Executive summary

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

3.       On behalf of the developer and applicant, Kāinga Ora, Marion Humphrey (Senior Stakeholder Relationship Manager) has proposed the names presented below for consideration by the local board.

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

5.       The application (as lodged) sought to name only one new private road off Margaret Road, but LINZ has confirmed that two require naming. The proposed names for the two new private roads are:

COAL 1:

·    Ara Kakaha (applicant preferred)

·    Ara Piupiu (alternative)

COAL 2:

·    Ara Rewarewa (applicant Preferred)

·    Ara Piupiu (alternative).

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      approve the following road names for the new private roads created by way of subdivision at 29-35 & 39 Margaret Road, Papatoetoe, in accordance with section 319(1)(j) of the Local Government Act 1974 (road naming reference RDN90096198 and resource consent references BUN60368131, LUC60368132 and SUB60368133);

i)        Ara Kakaha for the new private road – COAL 1

ii)       Ara Rewarewa for the new private road – COAL 2.

 

Horopaki

Context

6.       Resource consent reference BUN60368131 (LUC60368132 and SUB60368133) was issued in February 2021 for the construction of 23 new residential units and via commonly owned access lots (COALs).

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

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

9.       Therefore, in this development, the new COALs require road names because they each serve more than five lots. This can be seen in Attachment B, where the COALs that require names are highlighted in yellow.

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

Road Reference

Proposed name

Meaning (as described by applicant)

COAL 1

Ara Kakaha

(applicant preferred)

Silver bush flax, a New Zealand native plant that will be planted in the gardens in this development

COAL 2

Ara Rewarewa

(applicant preferred)

New Zealand native tree that will be planted in this development. Rewarewa flowers are a great source for honey production

Alternative Name:

Ara Piupiu

(This alternative name can be used for either COAL 1 or COAL 2)

A New Zealand native fern, commonly called crown fern, to be planted in this development.

12.     Kāinga Ora advises that it would normally work with mana whenua groups with interests in the area, local schools, community groups and other stakeholders to recommend names for COALs. These recommendations would then be submitted to mana whenua groups for endorsement. This has not been possible in this case with COVID19 lockdowns. The applicant therefore selected names of the native species of plants that feature within the development, as detailed in the table below:

 

 

 

 

 

 

 

 

 

 

 

 

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

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

15.     ‘Ara’ is an acceptable road type for the new private road, suiting the form and layout and proposed Māori names of the COALs.

16.     Mana whenua were consulted in line with the processes and requirements described in The Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

19.     This report seeks the decision of the local board and the decision sought is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

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

21.     On 17 September 2021, mana whenua were contacted by council on behalf of the applicant, through the Resource Consent department’s central facilitation process, as set out in the Guidelines. Representatives of the following groups with an interest in the general area were contacted:

·    Ngāi Tai Ki Tāmaki (Ngāi Tai ki Tāmaki Tribal Trust)

·    Ngāti Maru (Ngāti Maru Rūnanga Trust)

·    Ngāti Pāoa (Ngāti Paoa Iwi Trust)

·    Ngāti Pāoa (Ngāti Paoa Trust Board)

·    Ngāti Tamaterā (Ngāti Tamaterā Settlement Trust

·    Ngāti Te Ata (Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua)

·    Ngāti Whanaunga (Ngāti Whanaunga Incorporated)

·    Te Ahiwaru – Waiohua (Makaurau Marae Māori Trust)

·    Te Ākitai Waiohua (Te Ākitai Waiohua Iwi Authority)

·    Te Patukirikiri (Te Patukirikiri Incorporated)

·    Waikato – Tainui (Te Whakakitenga o Waikato Incorporated)

·    Ngāti Tamaoho.

22.     Both Te Ākitai Waiohua and Makaurau Marae Māori Trust confirm that it they have no issue with the suggested names. By the close of the consultation period, no other responses, comments, or feedback were received. Dependent on the scale of the development and its level of significance, not all road naming applications receive comments from mana whenua.

23.     This site is not listed as a site of significance to mana whenua and Te Reo Māori names are proposed.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Location map

37

b

Site Plan

39

     

Ngā kaihaina

Signatories

Author

Elizabeth Salter - Subdivision Technical Officer

Authorisers

David Snowdon - Team Leader Subdivision

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

PDF Creator


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

PDF Creator


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Approval for a new private road name at 95, 97 & 101 Pah Road & 3 Daphne Road, Papatoetoe 

File No.: CP2021/16626

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval from the Ōtara-Papatoetoe Local Board to name a new private road, being a commonly owned access lot (COAL), created by way of a subdivision development at 95, 97 & 101 Pah Road & 3 Daphne Road, Papatoetoe.

Whakarāpopototanga matua

Executive summary

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

3.       On behalf of the developer and applicant, Kāinga Ora, Marion Humphrey (Senior Stakeholder Relationship Manager) has proposed the names presented below for consideration by the local board.

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

5.       The proposed names for the new private road at 95, 97 & 101 Pah Road & 3 Daphne Road are:

·    Tororaro Way (applicant preferred)

·    Ara Piupiu (alternative 1).

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      approve the name Tororaro Way (applicant’s preferred name) for the new private road created by way of subdivision at 95, 97 & 101 Pah Road & 3 Daphne Road, Papatoetoe, in accordance with section 319(1)(j) of the Local Government Act 1974 (resource consent references LUC60368148, BUN60368146 and SUB60368147).

Horopaki

Context

6.       Resource consent reference BUN60368146 (LUC60368148, and subdivision reference number SUB60368147) was issued on 17 February 2021 for the construction of 17 new residential units and a commonly owned access lot (COAL).

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

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

9.       Therefore, in this development, the new COAL requires a road name because it serves more than five lots. This can be seen in Attachment A, where the COAL that requires a name is highlighted in yellow.

Tātaritanga me ngā tohutohu

Analysis and advice

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

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

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

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

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

12.     Kāinga Ora advises that it would normally work with mana whenua groups with interests in the area, local schools, community groups and other stakeholders to recommend names for COALs. These recommendations would then be submitted to mana whenua groups for endorsement. This has not been possible in this case with COVID19 lockdowns. The applicant therefore selected names of the native species of plants that feature within the development, as detailed in the table below:

Proposed name

Meaning (as described by applicant)

Tororaro Way

(applicant preferred)

A New Zealand native shrub to be planted in this development. A taonga species for Māori due to its cultural and spiritual significance as a medicinal plant.

Ara Piupiu

(alternative 1)

A New Zealand native fern, commonly called crown fern, to be planted in this development.

 

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

14.     Both Land Information New Zealand (LINZ) and NZ Post have confirmed that all of the proposed names are acceptable for use at this location.

15.     ‘Ara’ is an acceptable road type for the new private road, suiting the form and layout and proposed Māori names of the COAL.

16.     Mana whenua were consulted in line with the processes and requirements described in the Guidelines. Additional commentary is provided in the Tauākī whakaaweawe Māori section that follows.


 

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

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

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

Local impacts and local board views

19.     This report seeks the local board’s decision and the decision sought is not considered to have any immediate local impact beyond those outlined in this report.

Tauākī whakaaweawe Māori

Māori impact statement

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

21.     On 17 September 2021 mana whenua were contacted by council on behalf of the applicant, through the Resource Consent department’s central facilitation process, as set out in the Guidelines. Representatives of the following groups with an interest in the general area were contacted:

·    Ngāi Tai Ki Tāmaki (Ngāi Tai ki Tāmaki Tribal Trust)

·    Ngāti Maru (Ngāti Maru Rūnanga Trust)

·    Ngāti Pāoa (Ngāti Paoa Iwi Trust)

·    Ngāti Pāoa (Ngāti Paoa Trust Board)

·    Ngāti Tamaterā (Ngāti Tamaterā Settlement Trust

·    Ngāti Te Ata (Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua)

·    Ngāti Whanaunga (Ngāti Whanaunga Incorporated)

·    Te Ahiwaru – Waiohua (Makaurau Marae Māori Trust)

·    Te Ākitai Waiohua (Te Ākitai Waiohua Iwi Authority)

·    Te Patukirikiri (Te Patukirikiri Incorporated)

·    Waikato – Tainui (Te Whakakitenga o Waikato Incorporated)

·    Ngāti Tamaoho.

22.     Both Te Ākitai Waiohua and Te Ahiwaru confirm that it they have no issue with the suggested names. By the close of the consultation period, no other responses, comments, or feedback were received. Dependent on the scale of the development and its level of significance, not all road naming applications receive comments from mana whenua.

23.     This site is not listed as a site of significance to mana whenua and Te Reo Māori names are proposed.

Ngā ritenga ā-pūtea

Financial implications

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

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

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

Ngā koringa ā-muri

Next steps

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

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Site Plan

45

b

Location Plan

47

     

Ngā kaihaina

Signatories

Author

Elizabeth Salter - Subdivision Technical Officer

Authorisers

David Snowdon - Team Leader Subdivision

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

PDF Creator


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

PDF Creator


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Puhinui Reserve Service Assessment - Outcomes

File No.: CP2021/16219

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To approve the Puhinui Reserve Service Assessment outcomes.

Whakarāpopototanga matua

Executive summary

2.       In financial years 2019-2021, the local board funded the development of a service assessment in partnership with mana whenua to identify services and outcomes for Puhinui Reserve & Colin Dale Park.

3.       Eleven iwi were invited to three hui that were held in 2020 and 2021 and a set of draft service outcomes for Puhinui Reserve were developed at these hui.

4.       During this same period, Ngāti Te Ata Waiohua articulated through the council’s Community Facilities Department (lease team) that they have a strong preference for locating their planned marae development at Puhinui Reserve rather than the formerly approved location at Colin Dale Park. This request has, in part, been prompted by the Parks, Arts, Community and Events (PACE) Committee decision in March 2021 to develop Colin Dale as a motorsport precinct (Resolution PAC/2021/4) under the authority of the Governing Body rather than the local board.

5.       In April 2021 staff advised the board that the drafting of services and outcomes for Puhinui Reserve could progress. This was on the basis that high level park service outcomes were unlikely to preclude Ngāti Te Ata Waiohua’s marae aspirations.

6.       In June 2021, staff met with the Eke Panuku led Te Whakaoratanga i te Puhinui – The Puhinui Stream Regeneration Strategy working group which consists of Ngāti Te Ata, Te Ākitai and Ngāti Tamaoho (Te Waiohua). These three iwi were identified as the most appropriate mana whenua to finalise service outcomes for Puhinui Reserve and Colin Dale Park.

7.       At working group meetings with Ngāti Te Ata, Te Ākitai and Ngāti Tamaoho (Te Waiohua) in June and July 2021, the service outcomes drafted at earlier hui in 2019 and 2020 were further refined and are provided in this report as the final draft service outcomes for local board approval.

8.       It is recommended that the board approves the service outcomes and continues to partner with mana whenua to help shape a programme of works that delivers on the principles of the service outcomes.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      approve the eleven Puhinui Reserve Service Assessment outcomes as listed in the table below:

#

SERVICE OUTCOME

EXPLANATION

1

MAURI TU

(Protect, enhance, preserve & regenerate)

Relates to all sensitive cultural, archaeological and ecological values of the reserve.

2

KAITIAKITANGA / TIAKITANGA

(Guardianship)

Te Waiohua having a unique role as kaitiaki involving mutual responsibilities and obligations for customary care, protection and development of nature, place and people of Te Puhinui to regenerate the collective mauri / vitality of its ecosystems.

3

WAI

(Water quality)

Lift the quality of water flowing from Puhinui out into the harbour through ecological and landscape design that will complement Te Whakaoratanga i te Puhinui – The Puhinui Stream Regeneration Strategy.

4

TOHU

(Cultural landscape)

Celebrate Puhinui’s unique cultural and physical landscape.

5

TAIAO

(The natural environment)

Provide environmental design features that mitigate, and make the site resilient to, climate change.

6

MAHI TOI

(Creative expression)

Capture and creatively express hapū narratives

7

AAHEITANGA (Accessibility)

Open Puhinui to the community by providing active modes of transport opportunity to and through the reserve.

8

NGAA MAHI A TE REEHIA (Recreation)

Meet local community recreational needs through the provision of sensitively designed play opportunities.

9

NGANGAHAUTANGA (Activation)

Deliver community events for all ages that recognise site sensitivities by applying limits to event size and frequency.

10

MANA TAURITE (Development principles)

Apply development principles of harmony, balance and equity to address, amongst other issues, commercial activity.

11

TOONUITANGA (Regenerative design)

Provide social and economic outcomes in addition to the cultural and environmental outcomes articulated.

 

Horopaki

Context

9.       In financial year 2019-2020, the local board provided funding to develop a service assessment in partnership with mana whenua to identify services and outcomes for Puhinui Reserve and Colin Dale Park. The project has run over into the current financial year and the associated funding has also been carried over into FY2021-2022.

10.     At the three hui held in February and December 2020, and May 2021, mana whenua and the local board shaped the following draft service outcomes to steer future management and development of the reserves:

 

·    Protect, enhance and preserve the sensitive cultural, archaeological and ecological areas of the reserve and enhance waterways (working with Panuku - Te Whakaoratanga i te Puhinui – The Puhinui Stream Regeneration Strategy).

·    Provide connectivity in and through the reserves for walking & cycling (Greenways Plan and AT).

·    Meet local community recreational needs through the provision of mara hupara and nature play.

·    Provide events for all ages with increased programmes targeting Rangatahi.

·    Establish Kaitiakitanga.

·    Restore the reserve.

·    Prevent commercialisation.

 

11.     At the outset of the first service assessment hui, mana whenua clearly articulated to staff and the local board that equestrian activity historically enjoyed at Puhinui Reserve does not provide recreational outcomes or appeal for the local community. The activity also undermines the cultural values and significance of the site. Equestrian is therefore not accommodated in the service assessment outcomes and does not form part of mana whenua’s long term vision for the development of the reserve.

12.     In March 2021, the PACE Committee approved the transfer of decision-making / governance for the 44.3-hectare motorsport precinct at Colin Dale Park from the local board to the Governing Body.

13.     Of the remaining 12-hectares still administered as a local park and managed by Ōtara-Papatoetoe Local Board, 10-hectares are covered by the footprint of a lease agreement to Te Ara Rangatu o Te Iwi o Ngāti Te Ata Waiohua for marae development.

14.     In April 2021, staff advised the board that Ngāti Te Ata Waiohua had articulated to the Community Facilities lease team, a desire to locate their marae at Puhinui Reserve rather than Colin Dale Park. As a treaty partner with an agreement to lease, the board were keen to meet with Ngāti Te Ata rangatira ki te rangatira to understand their marae development aspirations. A meeting was scheduled in April but did not eventuate and staff continue to work with Ngāti Te Ata to identify an agreeable opportunity to meet with the board.

15.     Staff also advised the board to focus on service outcome developments for Puhinui Reserve and consider Ngāti Te Ata’s marae development aspirations as and when they are presented. The majority of the 12-hectares at Colin Dale Park still administered by the local board as a local park forms the marae lease footprint (10-hectares) held by Ngāti Te Ata. Services and outcomes for Colin Dale Park can be reviewed in the future to either complement marae development or provide valuable recreational outcomes for the 12-hectares of local park.

Tātaritanga me ngā tohutohu

Analysis and advice

16.     A total of 11 iwi were invited to the first hui in February 2020 at which both Te Ākitai and Ngāti Tamaoho attended. The draft service outcomes, set out in paragraph 10, were completed at the second hui held in December 2020 and attendance at the third hui, held in May 2021, was low.

17.     In June, staff met with the Eke Panuku led Te Whakaoratanga i te Puhinui – The Puhinui Stream Regeneration Strategy working group which consists of Ngāti Te Ata, Te Ākitai and Ngāti Tamaoho to determine how best to integrate the Panuku programme with the service assessment project.

18.     At the meeting, the working group indicated that Ngāti Te Ata, Te Ākitai and Ngāti Tamaoho (Te Waiohua) are the appropriate mana whenua to provide advice on outcomes for Colin Dale Park and Puhinui Reserve. They also recommended that the refined service outcomes determined by the working group be shared with the wider mana whenua group for their information rather than presented for additional input.

19.     In July 2021, staff again met with the working group to discuss the draft service outcomes in detail and receive further mana whenua advice. Subsequently, the draft outcomes were updated and circulated to the working group for finalisation.

20.     In October 2021, the working group provided the following draft service outcomes for local board approval:

#

SERVICE OUTCOME

EXPLANATION

1

MAURI TU

(Protect, enhance, preserve & regenerate)

Relates to all sensitive cultural, archaeological and ecological values of the reserve.

2

KAITIAKITANGA / TIAKITANGA

(Guardianship)

Te Waiohua having a unique role as kaitiaki involving mutual responsibilities and obligations for customary care, protection and development of nature, place and people of Te Puhinui to regenerate the collective mauri / vitality of its ecosystems.

3

WAI

(Water quality)

Lift the quality of water flowing from Puhinui out into the harbour through ecological and landscape design that will complement Te Whakaoratanga i te Puhinui – The Puhinui Stream Regeneration Strategy.

4

TOHU

(Cultural landscape)

Celebrate Puhinui’s unique cultural and physical landscape.

5

TAIAO

(The natural environment)

Provide environmental design features that mitigate, and make the site resilient to, climate change.

6

MAHI TOI

(Creative expression)

Capture and creatively express hapū narratives

7

AAHEITANGA (Accessibility)

Open Puhinui to the community by providing active modes of transport opportunity to and through the reserve.

8

NGAA MAHI A TE REEHIA (Recreation)

Meet local community recreational needs through the provision of sensitively designed play opportunities.

9

NGANGAHAUTANGA (Activation)

Deliver community events for all ages that recognise site sensitivities by applying limits to event size and frequency.

10

MANA TAURITE (Development principles)

Apply development principles of harmony, balance and equity to address, amongst other issues, commercial activity.

11

TOONUITANGA (Regenerative design)

Provide social and economic outcomes in addition to the cultural and environmental outcomes articulated.

Table 1: Draft service outcomes.

21.     The draft service outcomes provide a guide for the future management and development of the reserve and will complement and support marae development aspirations. The outcomes can be reviewed and amended in the future when a co-governance entity for the reserve is established.

Tauākī whakaaweawe āhuarangi

Climate impact statement

22.     The service outcomes outlined in this report aim to restore balance at the reserve by improving water quality, enhancing tree and canopy coverage and protecting areas of cultural and geological significance. The site’s capacity to perform as a carbon sink will be increased.

23.     There is also scope to reduce the impact of climate change by using sustainable construction materials and practices. The selection of locally sourced, hard-wearing material will help reduce carbon production and extend the working life of the asset.

24.     In addition, the alternative transport corridor development will reduce vehicle dependency and increase walking and cycling connectivity.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

25.     The service assessment outcomes will contribute to a number of council’s drivers for change that include improved connectivity, recreational access and provision, social connectedness and environmental benefits (Auckland Plan 2050).

26.     The outcomes are aligned with the Eke Panuku led Te Whakaoratanga i te Puhinui – The Puhinui Stream Regeneration Strategy which aims to improve the creek corridor to bring prosperity to the natural environment and the community. The Eke Panuku Te Whakaoratanga i te Puhinui working group consisting of Ngāti Te Ata, Te Ākitai and Ngāti Tamaoho (Te Waiohua) refined the service outcomes and provided te reo wording and cultural design overlays to ensure synergy between the programmes.

27.     Approval of the service outcomes will not impact on approved work programmes or budgets. However, further work with mana whenua and the local board will help define a future programme of work to give effect to the service outcomes which will require local board funding for delivery.

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

Local impacts and local board views

28.     The local board provided funding to develop the service assessment in partnership with mana whenua and attended hui in February and December 2020, and May 2021.

29.     The service outcomes give rise to the agreement to honour the Te Tiriti O Waitangi by working with mana whenua to protect, enhance, preserve and regenerate the culturally significant reserve for the benefit of Aucklanders.

30.     Approval of the outcomes in this report will support the delivery of the following Ōtara-Papatoetoe Local Board Plan 2020 aspirations:

·    outcome 4, ‘parks and facilities that meet our people’s needs’

·    outcome 5, ‘sustainable, healthy natural environment’

·    outcome 6, ‘connected area and easy to get around.’

Tauākī whakaaweawe Māori

Māori impact statement

31.     Puhinui Reserve is taonga and holds significant importance to mana whenua. The service outcomes will enable the reserve to be sensitively developed and improved to provide valuable recreational provision for the local community. In addition, the service outcomes provide the scope to protect the reserve and enable mana whenua to function in their kaitiaki role.

32.     This project has provided a foundation for a strong working relationship with mana whenua at Puhinui Reserve. The hui held throughout 2020 and 2021 included discussion around governance, with the local board committing to strengthen mana whenua’s role in this area.

33.     A strong and meaningful partnership with mana whenua will enable the delivery of the following environmental outcome identified in the Schedule of Issues of Significance 2021 – 2025 document: ‘Māori cultural values, history and heritage are reflected within the built environment through design, architecture and the inclusion of uniquely Māori design principles in public space’.

Ngā ritenga ā-pūtea

Financial implications

34.     Approval of the service outcomes will not impact current work programmes or budgets. Further work with mana whenua and the local board will take place to develop a programme of work to define the service outcomes and identify funding for their delivery. It is anticipated that reserve improvement projects will be delivered in a staged approach over an extended timeframe.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

35.     Failure to approve the service outcomes will result in a missed opportunity to protect the culturally sensitive reserve and continue the partnership with mana whenua.

36.     Approval will enable the local board to identify with mana whenua short-term projects and programmes that will provide meaningful benefits to the local community and the natural environment.

Ngā koringa ā-muri

Next steps

37.     Staff will continue to work with Ngāti Te Ata to identify an agreeable opportunity to meet with the board to discuss their marae development aspirations.

38.     Post-adoption, a development plan recording site landscape, ecologicial and heritage values, along with the formalised service outcomes, will be drafted.

39.     It is recommended that the board continues to partner with mana whenua to help shape a programme of works that delivers on the principles of the service outcomes.

40.     It is also recommended that the board meets with Eventing Auckland to determine how equestrian activity can be accommodated in the Auckland Region over both the short and long term.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.    

Ngā kaihaina

Signatories

Author

Steve Owens - Parks and Places Specialist

Authorisers

Mace Ward - General Manager Parks, Sports and Recreation

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Update on Ara Kōtui (Improving Māori input into local board decision-making)

File No.: CP2021/16799

 

  

Te take mō te pūrongo

Purpose of the report

1.       To report on progress and achievements of the Ara Kōtui programme.

Whakarāpopototanga matua

Executive summary

2.       Ara K     ōtui (formerly known as the Improving Māori input into local board decision making project) was was established in 2015 as a joint mana whenua and southern local boards initiative.

3.       The aim of the project was to explore and support opportunities to enable mana whenua involvement in local board decision-making.

4.       Key achievements to date include hui between mana whenua and local boards to share mana whenua priorities and local board plans, actions to promote Māori engagement in the local government elections 2019, mana whenua attendance at local board workshops relating to work programme items of interest, and letters of advocacy.

5.       Auckland Council’s Research and Evaluation Unit (RIMU) completed an evaluation of the programme in July 2021.

6.       In response to the recommendations, the Terms of Reference and delivery plan have been updated, and the structure of the hui amended.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      receive the report on progress and achievements of the Ara Kōtui Programme.

Horopaki

Context

7.       Ara Kōtui (formerly known as the Improving Māori input into local board decision-making programme, ‘IMI’) was established in 2015 as a joint project between mana whenua and Manurewa, Māngere-Ōtāhuhu, and Ōtara-Papatoetoe local boards.

8.       Papakura and Franklin Local Boards subsequently joined the project group.

9.       The programme is funded through local board work programmes.  In the 2021/2022 financial year, local boards contributed as follows:

Local Board

Amount

Māngere-Ōtāhuhu

$10,000.00

Ōtara-Papatoetoe

$6,000.00

Manurewa

$10,000.00

Papakura

$11,000.00

Franklin

$5,000.00

 

10.     Funding for this project goes towards a contract with Ōtara Health Charitable Trust. Otara Health provides services such as facilitation, establishing hui appointments, administering agendas and minutes, catering for face-to-face hui, administering mana whenua attendance and travel fees, organising regular collective mana whenua /southern local boards hui, and support for projects within the Ara Kōtui delivery plan.

11.     Staff will provide a further report on project activity at the completion of the financial year.

12.     At inception, the aim of the project was to explore and support opportunities to enable mana whenua involvement in local board decision-making. The work of the project is guided by a project delivery plan adopted by Ara Kōtui with key deliverables and priorities. 

13.     Until recently the project comprised a Project Reference Group (PRG), made up of representatives from mana whenua governance entities and one or two local board representatives per board. The PRG approved the Ara Kōtui Delivery Plan, with hui taking place every 2 months, totalling 5 hui per year. The project also comprised of a Project Delivery Group (PDG) of mana whenua staff with responsibility for delivering actions from the Delivery Plan.  The PDG met monthly, totalling 10 hui per year.

Tātaritanga me ngā tohutohu

Analysis and advice

14.     In July 2021, Auckland Council’s Research and Evaluation Unit (RIMU) completed an evaluation of the programme which is provided as Attachment A.

15.     Recommendations from the evaluation were:

i)    That Local Board Services to ensure a forum is provided for mana whenua and local boards to discuss whether the project is fit for purpose and is generating outcomes consistent with their strategies and plans. This could include:

·    a strategic conversation on where the project sits within Auckland Council and mana whenua relationships, including to the Mana Whenua Kaitiaki Forum, Ngā Mātārae, and in relation to individual local board relationships with mana Whenua

·    consideration of the relationship between the aspirations of the project to Auckland Council’s Māori Outcomes strategy.

ii)   That the Project:

·    revisit the original eight actions to determine whether they still are fit for purpose.

·    discuss the relevance of the project with the participating local boards

·    discuss the relevance of the project to participating mana whenua organisations

·    discuss which Auckland Council groups are represented at the PRG and the PDG, including the level of seniority of council staff present.

iii)   That the Project Reference Group generate mechanisms for ensuring oversight and accountability for project initiatives by:

·    refreshing the terms of reference for the initiative

·    develop formal feedback mechanisms to participating local boards, including on the use of the allocated budget

·    develop better feedback mechanisms between the PDG and the PRG

·    build project evaluation into IMI initiatives

·    communicate successes of the project widely.

iv)  That the project consider how it can be better resourced and managed by:

·    discussing whether Auckland Council or an external organisation is best placed to facilitate the project

·    identifying the nature and function of the facilitation role, with specific consideration to:

onboarding of new IMI participants

meeting scheduling

forward planning for local government election period and new boards

expectations about circulation of meeting minutes and other relevant documentation

meeting quorums, including for mana whenua participants.

16.     In response to the recommendations in the RIMU evaluation:

i)    the PDG and PRG were combined into one rōpū to meet monthly

ii)   new Terms of Reference were adopted as provided in Attachment B, including roles and responsibilities for facilitation of meetings, Ara Kōtui support, advice and implementation of the delivery plan

iii)   the delivery plan was refreshed and updated as provided in Attachment C

iv)  improved oversight of the programme to local boards and mana whenua entities through six monthly reporting to local boards through reports at local board business meetings and a similar report provided to mana whenua for distribution within their networks.

17.     Further recommendations from the report will be implemented over the next three to six months and the programme will be reviewed regularly to ensure it meets the aspirations and expectations of partners and stakeholders.

18.     Key achievements of the programme to date are as follows:

i)    Improving understanding and relationships:

·    a wānanga was held in May 2021 hosted by Ngāti Tamaoho at their office in Karaka, where iwi representatives shared their priorities with elected members from Franklin, Papakura, Manurewa, Māngere-Ōtāhuhu, Ōtara-Papatoetoe, Puketāpapa Local Boards, and councillors Dalton and Fletcher.

ii)   Advocacy:

·    a letter sent to Auckland Council’s Chief Executive regarding the use of mātauranga management and relationship commitment (intellectual property) on the use for non-commercial purposes of kōrero, waiata, karakia, kupu, imagery, artwork and proverbs shared with council for particular kaupapa. The letter is asking that a consistent approach be developed and implemented across the council group

·    a letter to the Chair of the Independent Review Panel on the Future of Local Government, seeking engagement with Ara Kōtui to explore how councils can maintain and improve the wellbeing of New Zealanders in the communities they serve long into the future, in partnership with Māori.

iii)   Mana whenua involvement in local board decision-making processes:

·    various workshops related to local board work programme projects were attended by mana whenua

·    hui at Ngāti Ōtara Marae in January 2020 where Ngaati Whanaunga, Ngāti Whātua Ōrākei, Te Ahiwaru Waiohua and Ngāti Tamaoho shared their priorities with local boards prior to development of draft local board plans. This was attended by representatives from the five southern local boards, and also representatives from Maungakiekie-Tāmaki and Howick Local Boards

·    hui at Manukau Civic where the five southern local boards presented their local board plans back to mana whenua, including how the boards had responded to mana whenua priorities and Māori outcomes.

iv)  Local government elections 2019:

·    māori community-led co-design with rangatahi developing key messaging to improve rangatahi voter participation

·    one-stop-voting booths on marae to encourage Māori voter participation

·    inauguration of newly elected local board members held on marae for Papakura, Manurewa and Ōtara-Papatoetoe local boards.

19.     Future actions from the delivery plan this rōpū is focussed on delivering in the near future include:

·    implementing a pilot programme to involve mana whenua in the process of developing local board annual work programmes

·    sharing local board ‘governance forward works calendars’ on a monthly basis to give mana whenua oversight of workshops, business meetings and opportunities for local boards to input into regional policies, plan and strategies.  In response, mana whenua can indicate any items they have an interest in and subsequently attend the relevant workshop or business meeting or communicate their perspective to the local board

·    a further hui between mana whenua representatives and all southern local board members in March/April 2022 to further develop shared understanding of priorities

·    collaborating with the Elections 2022 team to ensure mana whenua insights inform planning for delivery of the next local government elections

·    develop a delivery plan for involving mana whenua in the induction of local board members, post the 2022 local government elections.

Tauākī whakaaweawe āhuarangi

Climate impact statement

20.     This project does not have any immediate impact on climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

 

21.     Ara Kōtui is supported by a number of departments as and when needed. The impacts of the project’s work on departments is considered on an initiative by initiatives basis.

22.     The work of Ara Kōtui complements the role of the Independent Māori Statutory Board. 

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

Local impacts and local board views

23.     Five southern local boards are represented as part of the Ara Kōtui governance structure and their views contribute to the decision-making of the group. They have committed to exploring and supporting opportunities to work with and enable mana whenua participation in local board decision-making.

Tauākī whakaaweawe Māori

Māori impact statement

24.     Mana whenua across the rohe are invited to send representatives to participate in the Ara Kōtui programme.

25.     Work programme priorities and projects are co-designed with local boards for delivery by mana whenua and Auckland Council kaimahi.

26.     Over time, it is expected that representation at various levels and processes for implementation of the Ara Kōtui Delivery Plan will continue to be refined so that Māori views and aspirations are better reflected in local decision-making in Tāmaki Makaurau.

Ngā ritenga ā-pūtea

Financial implications

27.     This report is an update to the local board and there are no financial implications other than the budget that boards have already committed to the project.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

28.     Not all mana whenua regularly attend Ara Kōtui. Some mana whenua may prefer to engage directly with individual local boards on a case-by-case basis.

29.     All mana whenua with an interest in the southern local board areas will be given the same opportunity to take part, regardless of their attendance at Ara Kōtui.

Ngā koringa ā-muri

Next steps

30.     Reporting on the progress and achievements of the Ara Kōtui will be six-monthly.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

RIMU Evaluation of Improving Māori input into local board decision-making initiative

63

b

Terms of Reference - Ara Kōtui

109

c

Ara Kōtui Delivery Plan for 2020-2021 updated October 2021

113

     

Ngā kaihaina

Signatories

Author

Lucy Stallworthy - Local Board Engagement Advisor

Authoriser

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Social Impact Fund Allocation Committee – establish a local board joint committee to make appointments

File No.: CP2021/15393

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To agree to establish a joint local board committee and to make appointments to it.

Whakarāpopototanga matua

Executive summary

2.       The Social Impact Fund Allocations Committee (SIFAC) was established under conditions set by the Board of Inquiry into the proposed Wiri Men’s Correctional Facility in 2011. The SIFAC and its associated processes are administered by the Department of Corrections. The social impact fund is made available through the Department of Corrections, and the SIFAC is able to allocate $250,000 each year.

3.       Auckland Council must make at least two appointments to the SIFAC. In the previous term an ad-hoc sub-committee was established of the (then) Governing Body Environment and Community Committee, which met locally in Manurewa to make the appointments and was then discharged.

4.       Staff consider the appointments to the SIFAC are not a regional matter and should be made by local boards. This view is supported by the southern councillors and by the chairs of the affected local boards. Because four local boards are affected it is preferable to make the appointments through a joint committee of those local boards.

5.       The Governing Body has delegated the power to make the two appointments to a joint committee of the four local boards.

6.       The process under the Local Government Act 2002 to establish a joint committee requires that each participating entity must reach agreement with other participating local boards before making appointments. This report contains a draft terms of reference for agreement in Attachment A.

7.       This report also invites the local board to make appointments now subject to the agreement of the other participating local boards on the matters set out in the attached draft terms of reference.

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      note the delegation from the Governing Body:

That the Governing Body:

a)    delegate to a joint committee established by the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe local boards, the power to make two Auckland Council appointments to the Wiri Prison Social Impact Fund Allocations Committee subject to:

i)     southern ward councillors having attendance and speaking rights

ii)    the Independent Māori Statutory Board having the ability to appoint two members.

 

b)    agree that this delegation continues until it is revoked or changed by the Governing Body.

b)      agree to the terms of reference for the joint local board committee as set out in Attachment A 

c)      delegate to the chair and deputy chair authority to agree to minor changes proposed by other participating local boards

d)      subject to the draft terms of reference, with any approved minor changes, being agreed by all participating local boards, appoint the chairperson or deputy chairperson to the joint committee.

 

Horopaki

Context

8.       In 2011, a Board of Inquiry reported on its hearings in relation to the men’s prison at Wiri.  An outcome of this process was the establishment of a “Community Impact Forum” and a “Social Impact Fund Allocations Committee”. The social impact fund is to be at least $250,000 annually.  

9.       The Community Impact Forum has the role of discussing impacts to the community arising from the corrections facilities and makes recommendations to the SIFAC which decides how the fund should be allocated. 

10.     The role description of a member of the allocation committee is provided as Attachment B.

11.     The SIFAC has up to seven members:

·   the chair is the chair of the Community Impact Forum

·   at least two members appointed by the Minister of Corrections

·   at least two members appointed by Auckland Council

·   up to two members co-opted by the committee itself.

12.     The appointment of the Auckland Council members to the SIFAC has not been allocated or delegated to local boards. In the previous term, the (then) Environment and Community Committee established an ad-hoc sub-committee to make the appointments. The sub-committee was made up of:

·   one of the ward councillors for Manurewa-Papakura

·   one of the ward councillors for Manukau 

·   the chairs (or deputy chairs) of the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Boards 

·   two Independent Māori Statutory Board representatives.

Tātaritanga me ngā tohutohu

Analysis and advice

13.     Advice from the Department of Corrections is that the next social impact report is due by June 2022. Applications for funding might arise out of this report resulting in a meeting of SIFAC possibly around August 2022. Council needs to make new appointments to the SIFAC in the first half of 2022.

14.     Staff have taken the opportunity to consider whether the appointments to the SIFAC should be made by the Governing Body and have concluded that these appointments are neither a regional matter, nor a matter that sits entirely within one local board area. To recognise the sub-regional nature of the allocations able to be made by SIFAC, it would be preferable to make the appointments through a joint committee formed by the four local boards.

15.     Following consultation with the chairs of the affected local boards, staff proposed the joint local board committee to the Governing Body which supported the proposal and delegated the responsibility to make the appointments to a joint committee of the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Boards subject to the southern ward councillors having attendance and speaking rights and the IMSB is invited to appoint two members.

16.     The Governing Body also agreed for the delegation to continue until it is revoked. It will be listed in the section of the Long-term Plan which contains delegations to local boards and the allocation table.

17.     The Local Government Act 2002, schedule 7, clause 30, provides for joint committees to be formed and clause 30A requires that each participating body agree on certain terms of the joint committee:

Joint committees

 (1)   A local authority may not appoint a joint committee under clause 30(1)(b) unless it has first reached agreement with every other local authority or public body that is to appoint members of the committee.

 (2)   An agreement under subclause (1) must specify—

 (a)    the number of members each local authority or public body may appoint to the committee; and

 (b)    how the chairperson and deputy chairperson of the committee are to be appointed; and

 (c)    the terms of reference of the committee; and

 (d)    what responsibilities (if any) are to be delegated to the committee by each local authority or public body; and

 (e)    how the agreement may be varied.  

18.     Acknowledging the change of focus of the process to a joint committee of local boards whereby local boards appoint the members, staff propose that Governing Body members are extended speaking rights but not membership (and voting) rights. It is possible for the joint committee to appoint governing body or local board members.

19.     The draft agreement, as required by schedule 7, clause 30, (described above), sets out:

a)   the participating local boards will be the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Boards

b)   each local board appoints its chair or deputy chair to the joint committee

c)   the Independent Māori Statutory Board will be invited to appoint two representatives

d)   the joint committee elects its own chair and deputy chair

e)   Governing Body members are not members of the joint committee but have speaking rights 

f)    the terms of reference of the joint committee are to appoint the two Auckland Council members of the Social Impact Fund Allocations Committee

g)   the power to make these appointments is delegated by the Auckland Council Governing Body

h)   the agreement may be varied by the participating local boards (provided any variation is consistent with the delegation from the Governing Body).


 

Tauākī whakaaweawe āhuarangi

Climate impact statement

20.     This report proposes a change to the process for making two Auckland Council appointments. The change in the process does not impact climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     Making two Auckland Council appointments to the SIFAC does not impact the wider council group.

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

Local impacts and local board views

22.     The scope of the SIFAC is not regional but is sub-regional, being relevant to the Manurewa, Papakura, Māngere-Ōtāhuhu and Ōtara-Papatoetoe Local Boards. It is because of this that the report proposes a joint committee of local boards makes the two Auckland Council appointments.

Tauākī whakaaweawe Māori

Māori impact statement

23.     Previously when appointments were made by an ad-hoc committee of the Governing Body (or sub-committee of a Governing Body committee), the Independent Māori Statutory Board was invited to make appointments to the ad-hoc committee. The proposed joint committee is deemed to be a committee of each participating local board and the proposal provides for two Independent Māori Statutory Board members.

24.     The process itself does not impact on the Māori community however the Social Impact Fund Allocations Committee will be considering applications for funding for projects which will have an impact on the Māori community.  Mana whenua take part in the Community Impact Forum.  There is also a Tangata Whenua Committee comprising representatives of affected iwi, which advises impacts on Māori to the Minister and also makes recommendations on projects for funding by the Social Impact Fund Allocations Committee.

Ngā ritenga ā-pūtea

Financial implications

25.     There are no financial implications for Auckland Council resulting from this decision.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

26.     There are no significant risks for Auckland Council resulting from this decision.

Ngā koringa ā-muri

Next steps

27.     Each affected local board will be invited to agree to the terms and to appoint a member to the joint committee.  Staff will then facilitate a meeting of the joint committee, which will make the Auckland Council appointments to SIFAC.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Draft terms of reference

123

b

Role description of a member of the allocation committee

125

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authoriser

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Draft Contributions Policy 2021

File No.: CP2021/16516

 

  

 

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 (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 Ōtara-Papatoetoe Local Board:

a)      provide feedback on the draft Contributions Policy 2021 on the following 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 the10-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 lowers 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- see Attachment A  Draft Contributions Policy 2021.

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: Draft Contributions Policy 2021 – 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 supported analysis of 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: Draft Contributions Policy 2021 – 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

Development Contributions Policy 2021 report to the Finance and Performance Committee

131

b

Draft Contributions Policy 2021 – Analysis of feedback received

147

     

Ngā kaihaina

Signatories

Author

Andrew Duncan - Manager Financial Policy

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Glenn Boyd - Acting General Manager Local Board Services

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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

File No.: CP2021/16408

 

  

 

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 Ōtara-Papatoetoe 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

Author

Jacob van der Poel - Policy Advisor

Authorisers

Carol Hayward – Team Leader Policy & Operations Manager

Glenn Boyd – Acting General Manager Local Board Services

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

National Emissions Reduction Plan Discussion Document – draft council submission

File No.: CP2021/16446

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To invite local board input into Auckland Council’s submission to the National Emissions Reduction Plan.

Whakarāpopototanga matua

Executive summary

2.       The Ministry for the Environment has released for public consultation a discussion document seeking to inform the development of the first National Emissions Reduction Plan.

3.       This describes existing actions the Government has committed to and sets out new proposed actions it may include in the National Emissions Reduction Plan to further reduce emissions and meet climate targets.

4.       The document proposes a range of new strategies and policies for consideration which span every sector of the economy and include changes to our funding and finance system, the way we organise our urban areas, and a shift to a circular economy.

5.       The Government is required to publish the National Emissions Reduction Plan by the end of May 2022.

6.       Auckland Council already has existing strategic direction in emissions reduction through Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan and has agreed positions that have recently been provided through previous submissions on climate change and transport emissions.

7.       As such, the council will not, in the main, be developing new positions through this submission, but will base it on relevant strategies and these existing agreed positions.

8.       Local board input into that submission is sought, closing on 17 November for feedback to be considered in the council’s submission or 19 November 2021 for feedback to be appended.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      provide feedback on the National Emissions Reduction Plan discussion document to inform the council’s draft submission.

 

Horopaki

Context

9.       The Government is required to develop a National Emissions Reduction Plan (ERP) which will set direction for climate action for the next 15 years.

10.     The Ministry for the Environment (MfE) released a discussion document on 13 October 2021 which describes existing actions the Government has committed to and sets out new proposed actions it may include in the ERP to further reduce emissions and meet climate targets. Feedback is sought on these proposed new actions.

11.     The discussion document – Te hau mārohi ki anamata Transitioning to a low-emissions and climate-resilient future is available at the following link: https://consult.environment.govt.nz/climate/emissions-reduction-plan/.

12.     An eight-page summary of the discussion document is available at the following link: https://environment.govt.nz/assets/publications/Snapshot-of-the-emissions-reduction-plan-discussion-document.pdf

13.     The ERP is part of an extensive climate change programme being undertaken by the Government.

14.     The Climate Change (Zero Carbon) Response Amendment Act (Act) set a national target to reduce net emissions for all greenhouse gases to zero by 2050, except for biogenic methane which has a separate target. The net zero target is required of Aotearoa New Zealand to meet its commitment to the Paris Agreement, which is to limit the global average temperature rise to 1.5oC above pre-industrial levels. 

15.     The Act requires Government to set five yearly emissions budgets out to 2050. The budgets set a limit on how much greenhouse gases can be produced across each of the five-year periods. The first budget will be for four years only.

16.     The Act also established He Pou a Rangi Climate Change Commission (the Commission) to provide independent, expert advice to government on actions that will reduce emissions and meet Aotearoa New Zealand’s 2050 emission reduction and adaptation goals.

17.     The Commission’s role includes reviewing Aotearoa New Zealand’s emissions targets and recommending emissions budgets every five years.

18.     On 31 May 2021, the Commission provided the Government with advice on the first three emissions budgets (2022-2025, 2026-2030, 2031-2035).

19.     The Government proposes to broadly accept the Commission’s recommended budgets. It has also agreed in principle to recognise changes in projected forestry emissions that were not available when the Commission prepared its advice.

20.     Final decisions on the first three budgets will be made and published alongside the ERP.

21.     Next year, the Government will publish a National Adaptation Plan (NAP) which responds to the first National Climate Change Risk Assessment. The Act requires risk assessments to be carried out every six years.

22.     Government is also addressing climate change through the resource management reforms, for both mitigation and adaptation through for example land use planning and intensification, and identification of areas to avoid for development.

Tātaritanga me ngā tohutohu

Analysis and advice

Summary of National Emissions Reduction Plan discussion document

Purpose

23.     The ERP, which must be in place by the end of May 2022, will set out strategies and policies to meet the first emissions budget (2022-2025).

24.     The policies in the ERP will span every sector of the economy and include changes to our funding and finance system, the way we organise our urban areas, and a shift to a circular economy.

25.     The ERP will also set out strategies and policies to manage the impacts the proposed policies may have on employers and employees, regions, iwi, and wider communities.

Focus of public consultation

26.     The Commission consulted earlier in 2021 on emissions budgets and the policy direction of the ERP. This discussion document gives more detailed information on new strategies and policies that the Government may include in the ERP. Since some other ideas have already been consulted on, this discussion document does not represent a full draft ERP.

27.     Government policy will not, by itself, meet the full extent of any given emissions budget. Therefore, the Government is also wanting to hear about steps which communities and particularly the private sector can take to enable a low carbon transition, and what they need from Government to support those changes.

28.     Decisions are still to be made on the new strategies and policies. Many are dependent on future funding decisions, including decisions on future Emissions Budgets and how policies will be implemented.

29.     Through this public consultation, the areas which Government is seeking feedback on are:

·     Overall strategy

·     Meeting the net-zero challenge

Transitioning pathway

Working with our Tiriti partners

Making an equitable transition

·      Aligning systems and tools

Government accountability and coordination

Funding and finance o Emissions pricing o Planning

Research, science and innovation

Behaviour change

Moving Aotearoa to a circular economy

·      Transitioning key sectors

·      Transport o Energy and industry

·      Building and construction

·      Agriculture

·      Waste

·      Fluorinated (F) – gases

·      Forestry.

30.     The council has significant interest in the ERP and has existing strategic direction in emissions reduction including through Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan.

31.     As such, the council will not, in the main, be developing new positions through this submission. Instead, it will be based on relevant strategies and existing agreed positions in council’s recent submissions (see below).

            Timeframe for development of the National Emissions Reduction Plan

Milestone

Date

Discussion document released

13 October 2021

Draft submission available

12 November 2021

Deadline for incorporated feedback

17 November 2021

Deadline for appended feedback

19 November 2021

Consultation period closes

24 November 2021

Emissions Reduction Plan published

May 2022

Further material

32.     Relevant strategies and existing agreed positions in the council’s recent submissions are mainly from:

·    Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan

https://www.aucklandcouncil.govt.nz/plans-projects-policies-reports-bylaws/our-plans-strategies/Pages/te-taruke-a-tawhiri-ACP.aspx

 

·    He Pou a Rangi – the Climate Change Commission’s draft advice to Government (2021)

https://www.climatecommission.govt.nz/our-work/advice-to-government-topic/inaia-tonu-nei-a-low-emissions-future-for-aotearoa/submissions/organisation-submissions/

 

·    Hīkina te Kohupara – Kia mauri ora ai te iwi: Transport Emissions: Pathways to Net Zero by 2050 – Ministry of Transport Discussion Document (2021).

Tauākī whakaaweawe āhuarangi

Climate impact statement

33.     The Climate Change Commission’s advice to Government, and the subsequent emissions budgets and emissions reduction plan, have the potential to strongly influence 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 council through Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan.

34.     The council’s submission to the National Emission Reduction Plan consultation document can reiterate its position and advocate for an ERP that places Auckland in the best position to achieve its, and Aotearoa’s emission reduction targets.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

35.     Feedback from relevant council departments and Council Controlled Organisations on the draft submission will be sought. The council-group was involved in establishing existing council positions.

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

Local impacts and local board views

36.     Local board views are being sought on the draft submission and will be incorporated into the council’s final submission as appropriate.  Local boards provided strong direction through the development of Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan, and this will inform the overall direction of the submission.

Tauākī whakaaweawe Māori

Māori impact statement

37.     The Climate Change Commission have clearly stated that climate change action will compound disadvantage for Māori if it does not address policy, legislative, or other barriers that prevent Māori from exercising their rights under the Treaty.

38.     Both the Commission and the Minister for Climate Change have highlighted the need for a Treaty based partnership approach to be embedded in the ERP to enable an equitable transition for Iwi/Māori. This aligns well with the direction set by Te Tāruke-ā-Tāwhiri: Auckland’s Climate Plan. A strategy to mitigate the impacts on iwi and Māori is a legal requirement of the ERP.

39.     Feedback from mana whenua, the Independent Māori Statutory Board (IMSB), and the Mana Whenua Kaitiaki Forum on previous related submissions and Te Tāruke-ā-Tāwhiri will be used in the development of this submission.

40.     Feedback on the draft submission will be sought from the IMSB and nineteen iwi entities.

Ngā ritenga ā-pūtea

Financial implications

41.     It is not yet possible to quantify the budgetary consequences for the council. However, the rate and scale of change that will be required of the council under the ERP is likely to require a large increase in funding. It is well established that climate mitigation and adaptation action taken now will be less costly than delaying action.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

42.     There is little risk in making a submission on the consultation on the ERP.

43.     Risks in relation to local government’s role in the implementation of the ERP, e.g., funding and financing, will be considered as part of the council’s response.

Ngā koringa ā-muri

Next steps

44.     Local board resolutions on the ERP draft will be included in the Auckland Council submission on this matter.

45.     Below are the key dates for input into the submission:

·     17 November: deadline for feedback to be considered in the council’s submission

·     19 November: final date for any formal local board feedback to be appended to the submission

·     24 November: final submission will be approved by Chairperson and Deputy Chairperson of the Environment and Climate Change Committee and an IMSB Member (as agreed at the Environment and Climate Change Committee on 24 November 2021 (ECC/2021/41))

·     02 December: The final submission will be reported retrospectively to the Environment and Climate Change Committee and circulated to elected members.

 

Ngā tāpirihanga

Attachments

There are no attachments for this report.     

Ngā kaihaina

Signatories

Author

Jacob van der Poel - Policy Advisor

Authorisers

Carol Hayward - Principal Advisor Panels

Glenn Boyd - Acting General Manager Local Board Services

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Three Waters Economic Regulation Submission

File No.: CP2021/16878

 

  

 

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 Ōtara-Papatoetoe 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

Author

Shane Martin - Senior Economist

Authorisers

Jim Stabback - Chief Executive

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

Ōtara-Papatoetoe Local Board Achievements Register 2019-2022 Electoral Term

 

File No.: CP2021/16084

 

  

 

Te take mō te pūrongo / Purpose of the report

To update the achievements of the Ōtara-Papatoetoe Local Board for the 2019-2022 electoral term since the last update in April 2021. The Achievements Register to date is provided in Attachment A.

 

 

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      note the further updates to the Achievements Register 2019-2022 electoral term report.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Ōtara-Papatoetoe Local Board Achievements Register to date

183

     

Ngā kaihaina / Signatories

Author

Carol McGarry - Democracy Advisor

Authoriser

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Local board resolution responses and information report

 

File No.: CP2021/13320

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       This report provides a summary of resolution responses and information reports for circulation to the Ōtara-Papatoetoe Local Board.

Information reports for the local board:

2.      The Ōtara-Papatoetoe Local Board delegated the Chair to provide feedback on its behalf to the Establishment Unit Board of the City Centre to the Māngere light rail project at its June 2021 business meeting (Resolution number OP/2021/96). The boards feedback is Attachment A.

 

Ngā tūtohunga / Recommendation/sThat the Ōtara-Papatoetoe Local Board:

a)      note the feedback to the Establishment Unit Board of the City Centre to the Māngere light rail project provided as Attachment A.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Establishment Unit Board of the City Centre to the Māngere light rail project - feedback

195

     

Ngā kaihaina / Signatories

Author

Carol McGarry - Democracy Advisor

Authoriser

Manoj Ragupathy - Local Area Manager

 


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Governance Forward Work Calendar

 

File No.: CP2021/11165

 

  

 

Te take mō te pūrongo / Purpose of the report

1.       To present the Ōtara-Papatoetoe Local Board with its updated governance forward work calendar.

Whakarāpopototanga matua / Executive summary

2.       The governance forward work calendar for the Ōtara-Papatoetoe Local Board is in Attachment A. The calendar is updated monthly, reported to business meetings and distributed to council staff.

 

3.       The governance forward work calendars were introduced in 2016 as part of Auckland Council’s quality advice programme and aim to support local boards’ governance role by:

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

·    clarifying what advice is expected and when

·    clarifying the rationale for reports.

 

4.       The calendar also aims to provide guidance for staff supporting local boards and greater transparency for the public.

 

Ngā tūtohunga / Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      note the Governance Forward Work Calendar.

 

 

Ngā tāpirihanga / Attachments

No.

Title

Page

a

Governance Work Calendar

201

     

Ngā kaihaina / Signatories

Author

Carol McGarry - Democracy Advisor

Authoriser

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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Record of Ōtara-Papatoetoe Local Board Workshop Notes

File No.: CP2021/11174

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To note the Ōtara-Papatoetoe Local Board record for the workshops held on 5 October, 12 October and 26 October 2021.

Whakarāpopototanga matua

Executive summary

2.       In accordance with Standing Order 12.1.4, the local board shall receive a record of the general proceedings of each of its local board workshops held over the past month.

3.       Resolutions or decisions are not made at workshops as they are solely for the provision of information and discussion. This report attaches the workshop record for the period stated below.

 

Ngā tūtohunga

Recommendation/s

That the Ōtara-Papatoetoe Local Board:

a)      note the Ōtara-Papatoetoe Local Board workshop records for: 5 October, 12 October and 26 October 2021.

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Ōtara-Papatoetoe Local Board Workshop Record, 5 October 2021

205

b

Ōtara-Papatoetoe Local Board Workshop Record, 12 October 2021

207

c

Ōtara-Papatoetoe Local Board Workshop Record, 26 October 2021

209

     

Ngā kaihaina

Signatories

Author

Carol McGarry - Democracy Advisor

Authoriser

Manoj Ragupathy - Local Area Manager

 


Ōtara-Papatoetoe Local Board

16 November 2021

 

 

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ATTACHMENTS

 

Item 8.1      Attachment a    Beautification Trust presentation                   Page 213

Item 8.3      Attachment a    Tāmaki Estuary Environmental Forum Healthy Waters Innovate Auckland – Stream Monitoring project presentation                                       Page 233


Ōtara-Papatoetoe Local Board

16 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