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

 

Date:

Time:

Venue:

 

Thursday 2 December 2021

2:00pm

via Skype for Business

 

Hibiscus and Bays Local Board

 

OPEN AGENDA

 

 

 

 

MEMBERSHIP

 

Chairperson

Gary Brown

 

Deputy Chairperson

Victoria Short

 

Members

Andy Dunn

 

 

Janet Fitzgerald, JP

 

 

Gary Holmes

 

 

Julia Parfitt, JP

 

 

Alexis Poppelbaum

 

 

Leanne Willis

 

 

(Quorum 4 members)

 

 

 

Louise Healy

Democracy Advisor

 

29 November 2021

 

Contact Telephone: 021 419 205

Email: louise.healy@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 


Hibiscus and Bays Local Board

02 December 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

9          Public Forum                                                                                                                  5

10        Extraordinary Business                                                                                                5

11        Three Waters Economic Regulation Submission                                                      7

12        Draft Significance and Engagement Policy 2022                                                     15

13        New agreement to lease, community lease with provision for a potential sublease and a licence to occupy to Orewa Surf Life Saving Club Incorporated at Orewa Domain Recreation Reserve                                                                                       71

14        Amendments to the Hibiscus and Bays Local Board 2021-2024 Customer and Community Services - Community Facilities work programme                            97

15        Council-controlled Organisations Quarterly Update: Quarter One, 2021-22      105

16        Auckland Council's Performance Report: Hibiscus and Bays Local Board for quarter one 2021/2022                                                                                               119

17        Local government elections 2022 - order of names on voting documents        181

18        Members' Reports                                                                                                      191

19        Governance forward work calendar                                                                        201

20        Hibiscus and Bays Local Board workshop records                                              205

21        Consideration of Extraordinary Items

PUBLIC EXCLUDED

22        Procedural Motion to Exclude the Public                                                               213

C1       Annual Budget 2022/2023 consultation                                                                  213


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 Hibiscus and Bays Local Board:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 18 November 2021, as a true and correct record.

 

 

5          Leave of Absence

 

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

 

 

6          Acknowledgements

 

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

 

 

7          Petitions

 

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

 

 

8          Deputations

 

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

 

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

 

 

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.”


Hibiscus and Bays Local Board

02 December 2021

 

 

Three Waters Economic Regulation Submission

File No.: CP2021/17262

 

  

 

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 Hibiscus and Bays 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.

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

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

02 December 2021

 

 

Draft Significance and Engagement Policy 2022

File No.: CP2021/18092

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek feedback from local boards on the draft Significance and Engagement Policy 2022.

Whakarāpopototanga matua

Executive summary

2.       The Significance and Engagement Policy, adopted in 2014, is undergoing a policy refresh to make it more contemporary and user-friendly.

3.       The goal of the policy refresh is to provide for a simplified decision-making process through a high-level guiding document that allows for case-by-case assessments.

4.       Minor updates are needed in both the significance and engagement components of the policy.

5.       Updates around the significance component of the draft Significance and Engagement Policy include:

·    the assessment of significance in terms of a continuum

·    taking a cumulative approach to a package of proposals or decisions

·    adjusting the list of strategic assets to include only assets critical for the delivery of services and clarifying that most strategic assets are identified as groups or networks of assets to reflect the way in which they deliver services

·    adding guidance for assessing the significance of decisions for assets that do not meet the criteria for being strategic.

6.       Updates around the engagement component of the draft Significance and Engagement Policy include:

·    simplifying existing text to make the policy more user-friendly

·    ensuring the engagement principles capture a more diverse Tāmaki Makaurau

·    capturing the need to safeguard staff, elected members and the community during consultation and engagement

·    giving more visibility to the connection between the policy and the forthcoming and separate refresh of the Engagement Guidelines, which will support staff to operationalise the policy.

7.       The draft Significance and Engagement Policy was adopted for public consultation by Governing Body at its 23 September 2021 meeting, resolution number GB/2021/111.

8.       Public consultation ran from 27 September to 18 October 2021.

9.       Adoption of the final Significance and Engagement Policy is projected for February 2022.

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      provide feedback on the draft Significance and Engagement Policy as part of the overall consideration for final adoption in February 2022.

Horopaki

Context

10.     The Significance and Engagement Policy (the 2014 policy) was created and adopted in 2014 to fulfill the legislative requirements outlined in section 76AA of the Local Government Act 2002 (the LGA).

11.     The Significance and Engagement Policy is a key document for decision-making and the consultation process. It is comprised of two interrelated sections on significance and engagement.

12.     The significance section sets out how and when communities can expect the council to engage before making decisions, describes the council’s approach to determining the significance of proposals and decisions, and lists the council’s strategic assets.

13.     The engagement section provides high-level principles on how to engage inclusively with the diverse communities of Tāmaki Makaurau. These high-level principles ensure that engagement is fit-for-purpose according to the level of significance.

Tātaritanga me ngā tohutohu

Analysis and advice

14.     Staff have undertaken a policy refresh as the 2014 policy has not undergone changes since its initial adoption.

15.     An internal assessment of the 2014 policy found that that it was largely easy to use, but minor improvements would allow for more efficient decision-making and more fit-for-purpose engagement processes.

16.     General high-level updates and clarifications are being proposed for the draft policy to create a more contemporary policy.

17.     The Significance and Engagement Policy is not intended to be a prescriptive policy document, and any accepted changes to the draft policy will not change the purpose for which it is used.

18.     The proposed changes to the Significance and Engagement Policy 2021 were reported to the Governing Body at its meeting on 23 September – see Attachment A Significance and Engagement Policy: Approval of draft policy for consultation, also found online with associated documents.

Consultation

19.     Formal public consultation was held from 27 September to 18 October 2021. The consultation document is part of Attachment A to the agenda report, or online here.

20.     Given COVID-19 lockdown restrictions across the region, consultation was conducted entirely virtually and consisted of:

·    consultation materials and online feedback forms made available on the council’s engagement website (AK Have Your Say)

·    virtual workshops with community partners with demographic advisory panels

·    working with community partners to reach diverse groups.

21.     All feedback has been captured and will be reported through to the Governing Body meeting in February 2022 to inform decision-making on the final policy.

22.     A summary of the regional feedback received from submitters is set out in Attachment B and local board specific feedback in Attachment C to the agenda report.


 

Tauākī whakaaweawe āhuarangi

Climate impact statement

23.     Accepting the proposed changes to the draft policy allows for a fit-for-purpose and contemporary significance and engagement policy that will encourage a richer engagement process during future consultations around climate change issues.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

24.     Any strategic asset under the draft policy that is held or managed by a substantive council-controlled organisation (CCO) will be identified in the CCO Accountability Policy. CCO’s must comply with that policy when making decisions on strategic assets under their control.

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

Local impacts and local board views

25.     Local boards play a key role in engaging with their local communities. The change to enable more fit-for-purpose consultation and engagement for some asset-based decisions may provide local boards with greater flexibility to customise some engagement processes to better meet the needs of their community.

26.     Local board chairs were invited to a workshop held on 4 August 2021 that also included the Parks, Arts, Community and Events, and Finance and Performance committees for a high-level overview on proposed amendments to the draft policy.

27.     Formalised local board views from this workshop and report will be incorporated into the February 2022 Governing Body report for the policy adoption.

Tauākī whakaaweawe Māori

Māori impact statement

28.     The refresh of the Significance and Engagement Policy will strengthen the council’s capacity and capability to engage with and meet the needs of the Māori community. This will be achieved through the delivery of bespoke training initiatives and resources which align to best practice engagement that responds to the needs and is supported by Māori. Kia Ora Tāmaki Makaurau provides a foundation to build council’s engagement approach and supports initiatives already underway such as Te Matapuna 2 as a pilot for spatial-based engagement. Work on relationship agreements is progressing, and there is good support for capacity contracts. Further work is required to streamline engagement forums to ensure they are fit for purpose and respond to priorities from Māori.

29.     Ongoing collaboration on the development of the Māori engagement practice and approach will inform the Engagement Guidelines and will ensure council’s size and engagement reach is leveraged effectively. This collaboration will ensure that the operational execution of the Engagement Guidelines is well-informed and aligned with best practice in te ao Māori.

30.     This focus on practice, capacity and capability will guide operational performance so that the aspirations for Māori engagement in Tāmaki Makaurau are progressed, aligned and achievable. Further work on Kia Ora Tāmaki Makaurau performance measures will be aligned with the engagement approach as it continues to be developed.

Ngā ritenga ā-pūtea

Financial implications

31.     The proposed changes to the significance section of the policy assists in the assessment of significance and may reduce the financial costs of engagement approaches that are not fit-for-purpose.

32.     Reclassifying some assets as non-strategic will also remove the burden of audit costs if the council seeks to make any future decisions around changing ownership or control of those assets.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

33.     The recommendation requesting local board views does not present any risk. The risks associated with refreshing the draft policy are set out in the report to the 23 September Governing Body meeting in Attachment A.

Ngā koringa ā-muri

Next steps

34.     Feedback from the consultation along with local board views will be reported to the 24 February 2022 Governing Body meeting as part of the materials for the finalised draft policy approval.

35.     The final Significance and Engagement Policy 2022 is proposed to be implemented following approval at the same Governing Body meeting.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Significance and Engagement Policy: Approval of draft policy for consultation

19

b

Summary of regional feedback

59

c

Hibiscus and Bays Local Board feedback

67

     

Ngā kaihaina

Signatories

Authors

Justine Yu - Senior Advisor - Fin Policy

Eddie Tuiavii - Principal Advisor - Democracy and Engage

Authorisers

Ross Tucker - General Manager, Financial Strategy and Planning

Kenneth Aiolupotea - General Manager Democracy and Engagement

Lesley Jenkins - Local Area Manager

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

 

New agreement to lease, community lease with provision for a potential sublease and a licence to occupy to Orewa Surf Life Saving Club Incorporated at Orewa Domain Recreation Reserve

File No.: CP2021/17425

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval to grant a new agreement to lease, community lease with provision for a potential sublease and a licence to occupy area to Orewa Surf Life Saving Club Incorporated for land at Orewa Domain Recreation Reserve, 275 Hibiscus Coast Highway, Orewa.

2.       To terminate the agreement to lease and community lease granted to Orewa Surf Life Saving Club Incorporated in 2016 by resolution number HB/2016/161.

Whakarāpopototanga matua

Executive summary

3.       At its business meeting of 7 September 2016, the Hibiscus and Bays Local Board resolved to grant Orewa Surf Life Saving Club Incorporated an agreement to lease, community lease and licence with provision for a potential sublease for commercial operations.

4.       The purpose of the agreement to lease was to enable the club time to fundraise, seek and obtain all necessary consents for, and construct a new facility on Orewa Domain Recreation Reserve. The term of the agreement to lease was for five years commencing on 7 September 2016.

5.       The community lease would have taken effect on practical completion of the works and the issue of the code of compliance certificate for the new facility. The term of the community lease was for an initial term of 20 years with one right of renewal for 10 years.

6.       The club requires a new agreement to lease, community lease with provision for a potential sublease for commercial activities and a licence to occupy.  Similarly, there is a requirement for the termination of the agreement to lease and community lease granted to Orewa Surf Life Saving Club Incorporated in 2016 by resolution number HB/2016/161.  Leasing staff rationale is detailed in the table below:

Consideration

Detail

The agreement to lease term has expired. Clause 2 of the 2016 agreement to lease required the club to provide council with its resource and building consent by 17 November 2019.

In late 2019, the club indicated that it was not in a position to furnish council with its building consent and that it required additional time to fundraise.  The club had applied for and was granted resource consent.

Coastal hazards with the potential to impact on the club’s proposed new facility were identified.

As a result of the identified coastal hazards, the club has agreed to reposition its proposed facility further inland from the original site. As a consequence, the club has had to apply for amendments to its resource consent.

Due to the identification of coastal hazards since the 2016 grant of the agreement to lease, the location of the club’s proposed new facility has had to be repositioned further inland from the original site.

An agreement to lease and a community lease relates to a distinct area of land (with the premises plan recording the position of the ‘lease’, on the subject land).  As a result of the identified coastal hazards, the club’s proposed new facility (to be recorded on a premises plan) would be in a different position.  As such a new agreement to lease and community lease is required.

 

Termination of the agreement to lease and community lease granted to Orewa Surf Life Saving Club Incorporated in 2016 by resolution number HB/2016/161 is required.

The term of the agreement to lease has expired and the conditions of the consequential community lease were subject to the club having met all the conditions in its agreement to lease.  For completeness and avoidance of any doubt, the agreement to lease and community lease granted in 2016 by resolution number HB/2016/161 should be formally terminated.

 

7.       This report recommends that the local board resolve to:

a)   grant a new agreement to lease, community lease (with provision for a potential sublease for commercial activities) and licence to occupy (terms and conditions consistent with those resolved on in 2016 (resolution number HB/2016/161))

b)   terminate the agreement to lease and lease granted to the club by way of resolution number HB/2016/161.

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      grant Orewa Surf Life Saving Club Incorporated an agreement to lease for 1410 square metres (more or less) of land at Orewa Domain Recreation Reserve, 275 Hibiscus Coast Highway, Orewa, legally described as Part Allotment 319 Waiwera Parish, defined by Survey Office Plan 22295 and outlined in blue (Attachment A to this agenda report) to enable construction of its new facility comprising clubrooms, associated improvements and watchtower, subject to the following conditions:

i)        term – five years commencing 3 December 2021

ii)       Orewa Surf Life Saving Club Incorporated securing all necessary funding and letters of intent for its project prior to the commencement of works

iii)      Orewa Surf Life Saving Club Incorporated obtaining all necessary regulatory consents for its project prior to the commencement of works

b)      grant Orewa Surf Life Saving Club Incorporated a community lease for 1110 square metres (more or less) of land at Orewa Domain Recreation Reserve, 275 Hibiscus Coast Highway, Orewa, legally described as Part Allotment 319 Waiwera Parish, defined by Survey Office Plan 22295 and outlined in red.  In respect of ‘Area 1’ of its clubrooms and watchtower to be issued under section 54(1)(b) of the Reserves Act 1977 and in respect of ‘Area 2’ to be issued under section 54(1)(d) of the Reserves Act 1977 with specific provision for a sub-lease arrangement for operation of a restaurant (Attachment B to this agenda report) upon the successful completion of the building project and issue of a code of compliance certificate, subject to the following terms:

i)        term - 20 years with one 10-year right of renewal

ii)       commencement - date immediately following the issue of a code of compliance certificate

iii)      rent – $1.00 plus GST per annum if demanded will apply to ‘Area 1’ of the clubrooms and watchtower

iv)      rent - 2.5 percent of gross sales from the restaurant operation will apply to ‘Area 2’ if sub-leased to a commercial operator

v)      the community outcomes plan be attached as a schedule to the lease document

c)      grant a non-exclusive licence to occupy to Orewa Surf Life Saving Club Incorporated for 300 square metres (more or less) of land contiguous to the lease area for the purposes of maintaining the club’s improvements (concrete paths and steps, etc) at Orewa Reserve, Orewa legally described as Part Allotment 319 Waiwera Parish, defined by Survey Office Plan 22295 and outlined in yellow (Attachment C to this agenda report), subject to the following conditions:

i)        term - 20 years with one right of renewal for 10 years – commencement date to align with the commencement of the community lease agreement

ii)       rent – $1.00 per annum + GST if demanded

d)      approve the Orewa Surf Life Saving Club Incorporated Community Outcomes Plan (Attachment D to this agenda report)

e)      delegate authority to the chairperson and deputy chairperson of the Hibiscus and Bays Local Board to approve any minor changes to Orewa Surf Life Saving Club Incorporated plans for its new facility

f)       terminate the agreement to lease and community lease granted to Orewa Surf Life Saving Club Incorporated in 2016 by resolution number HB/2016/161.

Horopaki

Context

8.       This report considers the leasing matters with respect to Orewa Surf Life Saving Club Incorporated (the surf club) occupation of land at Orewa Domain Recreation Reserve, Orewa.

9.       The Hibiscus and Bays Local Board is the allocated decision-maker relating to local, recreation, sport and community facilities, including community leasing and landowner decisions.

10.     In relation to the 2016 grant of agreement to lease and community lease with provision for a sublease for commercial activities, the term has expired and the ‘proposed lease area’ has been repositioned further inland.  As such, staff recommend that the local board grant new agreements with terms and conditions consistent with those granted in 2016.

11.     As the new lease to the club including commercial activities is contemplated and in conformity with the operative Orewa Reserve Management Plan adopted by the former Rodney District Council on 30 April 2009, no public notification is necessary.  In 2016, engagement was undertaken with iwi about the proposal.  This is detailed in paragraph 35 of this agenda report.

Tātaritanga me ngā tohutohu

Analysis and advice

Land

12.     The land occupied by the club currently and in its new facility proposal is legally described as Part Allotment 319 Waiwera Parish, defined by Survey Office Plan 22295 and located on Hibiscus Coast Highway.

13.     Part Allotment 319 Waiwera Parish forms part of the Orewa Domain Recreation Reserve and is held by the Crown through the Department of Conservation as a classified recreation reserve.  It is currently vested in council, in trust for recreation purposes.  The activities of the club comply with the land classification under the Reserves Act 1977.

New agreement to lease, community lease and licence to occupy area

14.     The Orewa Reserve Coastal Hazard Susceptibility Assessment 2020 Update (provided by Tonkin and Taylor) established that the surf club’s plans for its proposed new facility was in a coastal hazard zone.  By virtue, this could influence funding considerations, building longevity and raises concerns regarding practicalities surrounding insurance.

15.     As such, the club requires the grant of a new agreement to lease and community lease with provision for a potential sublease for commercial activities and a licence to occupy area.

Component

Description

Landowner approval

In 2015, the local board granted approval in principle for the surf club to ‘use’ the land, subject to strict terms and conditions (resolution number HB/2015/182).

Agreement to lease

The agreement evidences council’s and the surf club’s intentions for the land which is to be set aside for a lease.  The agreement contains strict conditions that must be met within a certain time frame.  A term of five years is recommended for the surf club to seek and obtain funding and consents, complete works for its new facility comprising; new building, watchtower, and landscaping.  A draft community lease document would be appended to the agreement to lease.

Community lease with provision for a potential sub-lease for commercial activities and a non-exclusive licence to occupy

The community lease for the operation of the clubrooms and watchtower, respectively, which would take effect on the practical completion of works as evidenced by the issue of a certificate of building code compliance and certificate of public use.

The community lease agreement would record two distinct areas within the clubrooms (‘Area 1’ being of a community nature and for purposes directly associated with surf lifesaving) and also provide for a potential sub-lease arrangement (‘Area 2’ for commercial activities a restaurant, etc).  This is consistent and accords with the provisions of the original agreement to lease formalised on the 18 November 2016.

Additionally, a non-exclusive licence to occupy for an area of land contiguous to the lease area (for the purposes of maintaining concrete paths, steps and other improvements associated with the facility).

Orewa Surf Life Saving Club Incorporated

16.     The Orewa Surf Life Saving Club Incorporated has occupied part of Orewa Reserve since 1950, with various additions and renovations being made to its existing building in the 1970s and 1990s. The new facility proposal comprises a new watchtower and two-storey clubrooms building (Attachment D) to meet the growing needs of its members and guests.

17.     Current club membership exceeds 1000 and spans all age groups.  Main activities include training for active lifeguards as well as volunteering, recreational and social opportunities for members and guests.

18.     As stated by its constitution, the primary objectives of the club are to: “promote, develop and deliver surf lifesaving as a charitable service and prevent drowning and injury of those swimming and undertaking activities at beaches and other aquatic environments by providing lifesaving, patrol services and other programmes and services at Orewa Beach and at other locations as determined by the surf club for the safety and recreation of the general public.”

19.     Accommodation is proposed by the surf club for up to 30 days’ duration for club members, rostered surf lifesavers, reciprocal club members, and members of the public participating in surf lifesaving programmes.  A small fee will be charged to cover the expenses associated with providing this accommodation in single-sex bunk rooms totaling no more than 36 beds.

20.     Accommodation is integral to its primary objectives under the surf club’s constitution.  Historically accommodation has been informally permitted only for rostered surf lifesavers from sunset to sunrise during the surf lifesaving season.  However, the wider accommodation requirements are consistent with the modern concepts of surf lifesaving activities and their overall function.

Commercial rent

21.     The local board makes the final decision on what rent (if any) should be charged for the commercial component of the lease.  It should do so having regard to the objectives it is trying to achieve through the grant of the lease, the impacts (if any) on the wider community, impacts on other commercial businesses, and the impacts and costs of administering the lease.

22.     The surf club’s objectives in operating a commercial restaurant from its premises are consistent with council’s empowered community objectives, namely encouraging and empowering community organisations to operate more sustainably through commercial activities that help reduce the funding burden on ratepayers.

23.     As a commercial concession has a positive economic value to the surf club (and a negative one to council, in the sense of other opportunities for the site that are foregone), the local board should approach the rent-setting from a principled and common-sense standpoint so that its decision will remain acceptable to the community for the duration of the lease (up to 30 years).

24.     Valuation advice could be obtained to assist, but anecdotally it seems that the surf club’s proposal of 2.5 percent of gross revenue is in the right vicinity.  The remaining issues are what revenue that should be based on, with the club suggesting rent would only be payable if it formally sub-leased the restaurant to a commercial operator.

25.     Conversely, the surf club could operate the restaurant itself, without paying any rent.  The understanding in this scenario being that all revenue generated by the surf club would be directed to the club’s programmes and activities and improve its sustainability. 

26.     Consistent with resolution number HB/2016/161 (Attachment F to the agenda report), this report recommends the surf club’s approach.  At this stage the surf club does not know how “aggressively” it will run the restaurant. The first-floor restaurant space also doubles as the main club room, and it is yet unknown how that will work in practice.

Tauākī whakaaweawe āhuarangi

Climate impact statement

27.     Te Tāruke-ā-Tāwhiri: Auckland’s Climate Action Plan sets out two core goals:

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

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

28.     As the surf club is yet to identify a specific construction company for the facility, any potential to mitigate greenhouse gas emissions from the build cannot be quantified.  All materials to be used in the construction will meet current building standards and requirements in accordance with the Building Act 2004 and the Resource Management Act 1991.

29.     Climate change has the potential to impact the lease as the site sits within a coastal hazard zone.  The Orewa Reserve Coastal Hazard Susceptibility Assessment 2020 update (provided by Tonkin and Taylor) builds on its previous coastal hazard assessment commissioned by Auckland Council in 2012.  The 2020 assessment identified that the proposed new surf club facility would be situated in a coastal hazard zone.

30.     The findings from the above update triggered the surf club to amend its original plans, repositioning its proposed facility further inland from the original site.

31.     To improve environmental outcomes and climate change impacts, Leasing Occupancy Community Outcomes Plans advocate that the lease holder:

·    use sustainable waste, energy and water efficiency systems

·    use eco-labelled products and services

·    seek opportunities to reduce greenhouse gas emissions from lease-related activities.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

32.     Staff from Customer and Community Services (Community Facilities, Parks, Sports and Recreation) Legal Services and Building Consents were consulted, and their feedback has been incorporated into this report.

33.     The proposed new agreement to lease, community lease with provision for a potential sub-lease for commercial activities and licence 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 advice in this report.

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

Local impacts and local board views

34.     The recommendations within this report fall within local boards’ allocated authority relating to the local, recreation, sports and community facilities.

35.     The surf club’s proposed new facility supports outcomes in the Hibiscus and Bays Local Board Plan 2020:

·    Outcome 1 – a connected community “we recognise the importance of supporting young people to achieve and to develop leadership skills, knowledge and confidence

·    Outcome 4 – open spaces to enjoy “our communities enjoy access to quality parks, reserves, beaches and facilities for leisure, sport and recreation”.

Tauākī whakaaweawe Māori

Māori impact statement

36.     Auckland Council is committed to meeting its responsibilities under Te Tiriti o Waitangi which are outlined in council’s key strategic planning documents; the Auckland Plan, the Long-Term Plan 2021-2031, the Unitary Plan, and local board plans.

37.     In 2016, staff engaged with 14 mana whenua groups identified as having an interest in land in the geographical area of Orewa about the club’s proposal.  During the engagement process, staff received feedback from four iwi groups as detailed in the table below:

Iwi group

Feedback

Action taken

Te Patu Kirikiri

Deferred their interests to other iwi groups with stronger ties to the land.

 

 

Ngāi Tai Ki Tāmaki

Query around the club’s proposal.

The query was answered as appropriate.

Ngaati Whanaunga

Query around the club’s proposal.

The query was answered as appropriate.

Te Rūnanga o Ngāti Whātua

Query around the club’s proposal.

The query was answered as appropriate.

 

38.     The council team currently undertaking the work on a new Hibiscus and Bays Local Board Local Parks Management Plan (which includes the Orewa Reserve) invited all mana whenua with an interest in the local board area to be involved in the development of the draft plan. This opportunity was taken up by Ngāti Manuhiri, Te Kawerau ā Maki, Ngāti Whātua o Kaipara, and Ngaati Whanaunga.

39.     Points of interest and input from mana whenua related to the management of natural and coastal areas, sites and areas of cultural significance and the ability for mana whenua to provide input into future decisions on local parks.

40.     The draft plan seeks to embed te ao Māori / the Māori world view and values throughout the document.  Section 7 of the document outlines core Māori values and how they should be considered in the management of local parks.

41.     Mana whenua priorities for local parks are:

·    kaitiakitanga – ecological management: the ongoing health of waterways and bush areas; biocontrol of pest species; the impact on water quality of current and planned infrastructure on and near the park

·    living Māori presence: ensuring that signage and narratives on the park reflect iwi past and present

·    protecting cultural landscapes and ensuring connections between parks and other sites are recognised and managed in a respectful and culturally appropriate way

·    providing mana whenua with the opportunity to give input into future decisions on local parks particularly where implications for the environment and culturally significant sites and landscapes potentially exist.

42.     Orewa Reserve is identified in the draft plan as an area of cultural significance.  Therefore, mana whenua would expect that this new surf club proposal would be referred to them for comment.  As such, a specific clause will be included in the agreement to lease documentation to require engagement with mana whenua on the club’s proposed new development.

43.     The lease agreement will contain a Te Tiriti o Waitangi (the Treaty of Waitangi) clause to record Crown ownership of Part Allotment 319 Waiwera Parish, defined by Survey Office Plan 22295 should the land be required for a treaty settlement in the future.

Ngā ritenga ā-pūtea

Financial implications

44.     There is no direct cost to council associated with the grant of agreement to lease, community lease and licence to occupy documentation.  The club will be responsible for all costs involved with its proposed new facility and ongoing consequential operational expenditure.

45.     The agreement to lease will contain a clause to record that should the club apply and obtain any funds from council towards its proposed new facility (whether through Surf 10:20 or anywhere else in council), then the conditions of that funding agreement will also have to be met.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

46.     Should the Hibiscus and Bays Local Board resolve not to grant the surf club an agreement to lease, community lease and licence to occupy this would preclude the surf club from seeking and obtaining all necessary consents and funding to progress with its works to build its new facility.  Each occupancy agreement enables a specific step, necessary for the surf club’s new proposal.

47.     Additionally, the inability to obtain a lease for its facilities will constrain the surf club’s ability to offer lifeguard programmes and life-saving patrols which are highly valued by the community. This will also conflict with the local board resolution of 2016 (HB/2016/161) providing long term tenure.

48.     Leasing staff have not undertaken further engagement with mana whenua about the surf club’s new proposal as in essence, the recommendations in this report are a restatement of those resolved on in 2016 (excepting the relocation of the lease area further inland due to identified coastal hazards). As stated in paragraph 42, the surf club will be required to engage with mana whenua on its proposed new development. Council staff will work alongside the surf club to give effect to this.

Ngā koringa ā-muri

Next steps

49.     Subject to the local board granting the club a new agreement to lease, community lease and licence to occupy, council staff will work with the surf club to finalise the documents.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Agreement to lease area to Orewa Surf Life Saving Club Incorporated

81

b

Lease area to Orewa Surf Life Saving Club Incorporated

83

c

Licence to occupy area to Orewa Surf Life Saving Club Incorporated

85

d

Orewa Surf Life Saving Club Incorporated Community Outcomes Plan

87

e

Architectural Plans for variation to Resource Consent

91

f

Resolution number HB/2016/161

95

     

Ngā kaihaina

Signatories

Author

Karen Walby - Community Lease Advisor

Authorisers

Taryn Crewe - General Manager Community Facilities

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

Amendments to the Hibiscus and Bays Local Board 2021-2024 Customer and Community Services - Community Facilities work programme

File No.: CP2021/18271

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To seek approval of amendments to the Hibiscus and Bays Local Board 2021-2024 Customer and Community Services - Community Facilities work programme.

Whakarāpopototanga matua

Executive summary

2.       The Hibiscus and Bays Local Board approved the 2021-2024 Customer and Community Services work programme on 17 June 2021 (resolution HB/2021/64).

3.       As projects progress through the design and delivery process, the specific work required and the cost of delivery can change, impacting the approved budget. As a result, variations may be required to the work programme to accommodate updated timeframes and final costs for some projects. 

4.       Staff have identified a project that requires additional renewals funding to the amount that was allocated in financial year 2022/2023:

i.    ID 2129 Freyberg Park - demolish and rebuild main park building – an increase of $470,000

5.       To accommodate this budget increase while still staying within the overall three-year budget envelope, staff have identified one project that requires funding to be deferred from financial year 2022/2023 to financial year 2024/2025:

i.    ID2130 Freyberg Park - renew car park and retaining wall – deferral of $470,000

6.       The proposed variations are within the Hibiscus and Bays Local Board 2021-2024 financial year budget envelopes and will not substantially impact the approved projects or the overall work programme.

7.       Staff recommend that the Hibiscus and Bays Local Board approve the variations to the 2021-2024 Customer and Community Services – Community Facilities work programme.

8.       Subject to the local board’s decision, staff will update the work programme and progress updates will be provided to the local board as part of the quarterly reports.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      approve the deferral of ABS: Renewals Capex funding in financial year 2022/2023 to financial year 2024/2025 for project:

i.      ID2130 Freyberg Park - renew car park and retaining wall to $0 in FY2022/2023 and reallocate funding of $470,000 to financial year 2024/2025

b)      approve the reallocation of ABS: Renewals Capex funding within the work programme 2021-2024 for project:

ii.     ID 2129 Freyberg Park - demolish and rebuild main park building - revised financial year 2022/2023 project costs $1,750,392 an increase of $470,000.

 

Horopaki

Context

9.       In October 2020, the local board approved the concept design for the Freyberg Park public toilets and changing room and approved the construction of the multi-year project as a priority for funding in the Community Facilities work programme (resolution HB/2020/129).

10.     The Hibiscus and Bays Local Board approved the Customer and Community Services work programme for financial year 2021/2022 on 17 June 2021. The local board also approved the financial years 2022/2023 and 2023/2024 work programmes in principle (resolution HB/2021/64).

11.     The budget allocated for all projects in the work programme are best estimates and are subject to change and refinements. As a project progresses, the specific work required and the cost of delivery could either exceed the original estimated budget or the anticipated delivery cost could be less than the approved budget. As a result, variations maybe required to the work programme to accommodate final project costs.

12.     A tender process for the construction of the public toilets and changing rooms was completed in October 2021. Tenders were received from two construction companies and the prices received were above the budget available.

13.     In November 2021, the project was retendered to four additional companies to try to secure a more competitive price. The second round of tenders have now been received and staff are working through these submissions. At the time of writing, the final evaluation has not been completed. Staff are confident of securing a more competitive price, however it will still be over the budget available.

14.     As with most projects that are being tendered, recent increases in construction costs nationwide have impacted on the price to complete the work.

15.     The total costs to complete this project based on the original tender prices received and the preliminary discussions with the new tenderers is $2,355,825. This includes the demolition of the old changing rooms in 2019, all design and consenting costs as well as providing all new services to the new toilet and changing rooms. As there was only $1,885,825 of budget allocated to this project, it means that an additional $470,000 is required.

Tātaritanga me ngā tohutohu

Analysis and advice

16.     Staff recommend variations to the 2021-2024 Customer and Community Services – Community Facilities work programme for financial year 2022/2023 as shown in attachment A (Proposed amendment to the 2021-2024 Customer and Community Services – Community Facilities work programme) and outlined in Table 1 below:

Table 1: Customer and Community Services work programme 2021-2024 variations required:

Project ID

Project Name

Variations 2022/2023

Description

2130

Freyberg Park - renew car park and retaining wall

Propose to defer $470,000 to FY2024/2025

Approved ABS: Capex renewal budget in 2021/2022: $30,000

2022/2023: $470,000

2023/2024: $200,000

Revised ABS: Capex renewal budget in 2021/2022: $30,000

2022/2023: $0

2023/2024: $200,000

2024/2025+: $470,000

The renewal of the carpark where the old clubrooms were is not considered urgent and this can be pushed out to 2024/2025.

The renewal of the retaining wall is seen as the priority within this project and the design and consenting will continue for this in FY2022.

 

2129

Freyberg Park - demolish and rebuild main park building

Proposed increase in funding for FY2022/2023 is $470,000

Approved ABS: Capex renewal budget in 2021/2022: $0

2022/2023: $1,280,391

Revised ABS: Capex renewal budget in 2021/2022: $0

2022/2023: $1,750,392

Budget increase required to deliver the approved scope of the renewal as per paragraph 15.

 

 

17.     The proposed variations are within the local board’s financial year 2021/2022 budget envelope and will not significantly impact the approved projects or the overall work programme.

18.     Staff recommend that the Hibiscus and Bays Local Board approve the proposed variations to the 2021-2024 Customer and Community Services – Community Facilities work programme.

Tauākī whakaaweawe āhuarangi

Climate impact statement

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

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

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

20.     The proposed budget variations have no direct effect on climate change.  Each project is considered individually to assess the impacts of climate change and the appropriate approach to reduce greenhouse gas emissions. The types of impact considered includes:

·    maximum upcycling and recycling of old material 

·    installation of energy efficiency measures

·    building design to ensure the maximum lifetime and efficiency of the building is obtained 

·    lifecycle impacts of construction materials (embodied emissions) 

·    exposure of building location to climate change hazards (sea level rise, flooding (floodplains), drought, heat island effect)

·    anticipated increase in carbon emissions from construction, including contractor emissions

·    lifecycle impacts of construction materials.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

21.     The decision sought for this report has no direct impact on other parts of the council group. The overall 2021-2024 Customer and Community Services work programme was developed through a collaborative approach by operational council departments, with each department represented in an integrated team.

22.     Collaboration with staff will be ongoing throughout the life of the projects to ensure integration into the operational maintenance and asset management systems.  

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

Local impacts and local board views

23.     Community Facilities and open spaces provide important community services to the people of the local board area. They contribute to building strong, healthy and vibrant communities by providing spaces where Aucklanders can participate in a wide range of social, cultural, art and recreational activities. These activities improve lifestyles and a sense of belonging and pride among residents.

24.     The activities in the work programme align with the Hibiscus and Bays Local Board Plan 2020 outcomes.

Outcome

Objective

Outcome 4: Open spaces to enjoy 

Provide a range of play and active recreation opportunities for all ages and abilities in our parks, reserves, and coastal environment.

25.     The proposed variation as detailed in this report were presented to the local board as part of the Community Facilities October monthly report.

Tauākī whakaaweawe Māori

Māori impact statement

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

27.     Consideration is given to how the provision of services, facilities and open spaces can support the aspirations of Māori, promote community relationships, connect to the natural environment, and foster holistic wellbeing of whānau, hapū and iwi Māori.

28.     The approved work programme includes activities that will have an impact on a service, facility, location of significance to Māori. In these situations, appropriate and meaningful engagement and consultation will be undertaken.

Ngā ritenga ā-pūtea

Financial implications

29.     The proposed variations are within the local board’s budget envelopes for each year and will not significantly impact the approved projects or the overall work programme.

30.     The proposed budget changes can be achieved by realignment of budget within the work programme as outlined in Table 2 below:

Table 2:  Community Facilities work programme ABS: Renewals Capex 2021-2024 - variations required for financial year 2022/2023 and 2024/2025

Project

Approved budget

FY2022-2023

Deferral to FY25

Increase in FY23

Revised budget total FY22-24

Freyberg Park - renew car park and retaining wall

$700,000

$470,000

$0

$230,000

Freyberg Park - demolish and rebuild main park building

$1,885,825

$0

$470,000

$2,355,825

Total amount

$2,585,825

$470,000

$470,000

$2,585,825

 

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

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

32.     If the proposed variation to the Community Facilities work programme is not approved, there is a risk that the project identified may not start within financial year 2021/2022.

Ngā koringa ā-muri

Next steps

33.     Subject to local board’s decision, the Hibiscus and Bays Local Board 2021-2024 Customer and Community Services – Community Facilities work programme will be amended to reflect the decision.

34.     Progress and updates on the delivery of the toilets and changing rooms at Freyberg Park will be reported to the local board as part of the quarterly reports to the local board. 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Proposed amendment to the 2021-2024 Customer and Community Services – Community Facilities work programme

103

     

Ngā kaihaina

Signatories

Author

Richard Kellett - Elected Member Advice Specialist

Authorisers

Taryn Crewe - General Manager Community Facilities

Lesley Jenkins - Local Area Manager

 



Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator



Hibiscus and Bays Local Board

02 December 2021

 

 

Council-controlled Organisations Quarterly Update: Quarter One, 2021-22

File No.: CP2021/18449

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Hibiscus and Bays Local Board with an update on Council-controlled Organisation work programme items in its area, along with proposed changes to the Hibiscus and Bays Local Board Joint CCO Engagement Plan.

Whakarāpopototanga matua

Executive summary

2.       A number of general changes are proposed for the Local Board Joint CCO Engagement Plans, as part of ongoing work to improve and refine the approach to engagement with Council-controlled Organisations (CCOs).

3.       The four substantive CCOs – Auckland Transport, Auckland Unlimited, Eke Panuku Development Auckland, and Watercare – may also propose specific changes.

4.       General changes are shown in Attachment A. Attachments B and C are work programme updates from Auckland Unlimited and Watercare.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      receive the Council-controlled Organisations Quarterly Update for Quarter One 2021-2022

b)      adopt the updated Joint CCO Engagement Plan 2021-2022 as agreed between the local board and Auckland Council’s substantive Council-Controlled Organisations: Auckland Transport, Auckland Unlimited, Eke Panuku Development Auckland, and Watercare.

Horopaki

Context

5.       Each local board has agreed an engagement approach with the four CCOs for the 2021-2022 local work programme. 

6.       While the local board approves the Joint CCO Engagement Plan each year, it remains a live document and CCOs are encouraged to keep the document up to date.

7.       Changes are also proposed by Local Board Services, where improvements can be made to all 21 engagement plans.

8.       This report may include the following types of changes:

·    Additional work programme items, and proposed engagement level

·    Proposed changes to the engagement approach with the local board

·    Proposed changes to the extent of community engagement

9.       In addition, as part of implementing the Joint CCO Engagement Plan, the four CCOs provide a quarterly update on projects listed in the engagement plan.

10.     We are introducing these new reports gradually, so for Quarter One your report may not include updates from all four CCOs.

11.     For Quarter Two reporting, we expect to have updates from all four CCOs for all local board areas.

Tātaritanga me ngā tohutohu

Analysis and advice

Changes proposed by Local Board Services

12.     The original discussions with local boards used the five levels of engagement outlined by the International Association for Public Participation (IAP2): inform, consult, involve, collaborate and empower. Feedback from local boards indicated that using all five levels was unwieldy, and in particular that there was confusion and disagreement about when ‘empower’ might be used.

13.     We are proposing that we reduce the engagement levels down to a simplified three step model of inform, consult and collaborate. This helps to better distinguish between projects and to clarify the kinds of engagement that are expected at each step.

14.     We have also moved the CCO work programme tables from being embedded within the engagement plan, to being a series of four attachments. This makes it easier to use the work programmes as the basis for quarterly reporting.

15.     Minor changes may have also been made to names of Local Board Services and/or CCO contacts.

16.     These changes are all shown in red, with deletions struck through, in Attachment A – Hibiscus and Bays Local Board Joint CCO Engagement Plan 2021-2022.

Auckland Transport

17.     Auckland Transport has not provided updates for this quarter’s report. Auckland Transport will be joining the combined reporting framework for Quarter Two.

18.     Auckland Transport has not proposed any changes to the engagement plan work programme. 

Auckland Unlimited

19.     Auckland Unlimited’s work programme updates for Quarter One are provided as Attachment B.

Changes to the Auckland Unlimited work programme

20.     Auckland Unlimited had previously responded to local board requests to include more information on major events by adding a line item for each event.

21.     As part of ongoing work to improve and refine this process, we are proposing to replace all the individual major event lines with the three following lines:

·    Delivered Events (Diwali, Lantern Festival, Pasifika, Tāmaki Herenga Waka)

·    Sponsored Events (i.e., Elemental)

·    Supported Events (i.e., FIFA World Cup, World Choir Games)

22.     This change reduces the number of amendments and additions required to the engagement plan each quarter as events are completed and provides a more consistent update pattern going forward. 

23.     These proposed changes are reflected in Attachment A.

Eke Panuku Development Auckland

24.     Eke Panuku has not provided updates for this quarter’s report. Eke Panuku will be joining the combined reporting framework for Quarter Two.

25.     Eke Panuku has not proposed any changes to the engagement plan work programme. 

Watercare

26.     Watercare’s work programme updates for Quarter One are provided as Attachment C.

27.     Watercare has not proposed any changes to the engagement plan work programme. 

 

Tauākī whakaaweawe āhuarangi

Climate impact statement

28.     Updating the Joint CCO Engagement Plan between the local board and Auckland Council’s substantive Council-Controlled Organisations does not have a direct impact on climate, however the projects it refers to will.

29.     Each CCO must work within Te Taruke-a-Tawhiri: Auckland's Climate Action Framework and information on climate impacts will be provided to local boards on a project or programme basis.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

30.     Adopting the updated Joint CCO Engagement Plan 2021-2022 is likely to have a positive impact on other parts of the council as well as between the respective CCOs within each local board area.

31.     These plans will be shared with the integration teams that implement local board work programmes and will give council staff greater ongoing visibility of CCO work programmes.

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

Local impacts and local board views

32.     Local board engagement plans enable local boards to signal to CCOs those projects that are of greatest interest to the local board, and to ensure that engagement between the local board and the four CCOs is focussed on those priority areas.

33.     Joint CCO engagement plans also give local boards the opportunity to communicate to CCOs which projects they expect to be of most interest to their communities.

Tauākī whakaaweawe Māori

Māori impact statement

34.     Updating and adopting the Joint CCO Engagement Plan 2021-2022 may have a positive impact on local engagement with mana whenua and mataawaka.

35.     While both CCOs and local boards have engagement programmes with Māori, the engagement plan will allow a more cohesive and coordinated approach to engagement, with more advance planning of how different parts of the community will be involved.

Ngā ritenga ā-pūtea

Financial implications

36.     The adoption of the Joint CCO Engagement Plan 2021-2022 between the local board and Auckland Council’s substantive Council-Controlled Organisations does not have financial impacts for local boards.

37.     Any financial implications or opportunities will be provided to local boards on a project or programme basis.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

38.     It is likely that there will be changes made to work programme items in the engagement plan during the year, or to the level of engagement that the board or the community will have. This risk is mitigated by ensuring that the document states clearly that it is subject to change, contains a table recording changes made since it was signed, and will be re-published on the local board agenda quarterly, to ensure public transparency.

Ngā koringa ā-muri

Next steps

39.     The local board will receive the next quarterly update for Quarter Two in March 2022.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Hibiscus and Bays Local Board Joint CCO Engagement Plan

109

b

Auckland Unlimited 2021-2022 Q1 Report

115

c

Watercare 2021-2022 Q1 Report

117

     

Ngā kaihaina

Signatories

Author

Kat Ashmead – Senior Advisor Operations and Policy

Authorisers

Lesley Jenkins - Local Area Manager

Louise Mason - GM Local Board Services

 

 


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator



Hibiscus and Bays Local Board

02 December 2021

 

 

Auckland Council's Performance Report: Hibiscus and Bays Local Board for quarter one 2021/2022

File No.: CP2021/18409

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide the Hibiscus and Bays Local Board with an integrated performance report for quarter one, 1 July – 30 September 2021.

Whakarāpopototanga matua

Executive summary

2.       This report includes financial performance, progress against work programmes, key challenges the local board should be aware of and any risks to delivery against the 2021/2022 work programme.

3.       The key activity updates from this period are:

·        The work of conservation volunteers has continued, and of note is the 1500 volunteer hours were logged during Quarter 1, despite part of this period being under COVID-19 Alert Level 4

·        Outcomes for the funding of the Resilient and Connected Communities, line item 201 and 202, have been consulted with the existing providers in both subdivisions, to familiarise them with the change

·        A number of facilities upgrades, and renewals took place, including Maygrove Park playspace having a complete renewal, the works finishing at Rock Isle Beach Reserve Toilet Block, and the sports lighting renewed at Silverdale War Memorial Park

4.       All operating departments with agreed work programmes have provided an update against their work programme delivery. Activities are reported with a status of green (on track), amber (some risk or issues, which are being managed) or grey (cancelled, deferred or merged). There are no activities with a red status.

5.       The financial performance report compared to budget 2021/2022 is provided as Attachment B to the agenda report. There are some points for the local board to note: although, the 2021/2022 Annual Budget does factor in some impacts of COVID-19, we already have had six weeks of lockdown as at the end of the first quarter. This has already had an impact on Council’s service delivery. With alert levels to last longer than expected, the financial and operational impacts are being closely monitored and will be communicated to the local board promptly.

6.       Overall, the net operational financial performance of the local board is tracking fourteen below the revised year to date budget. Revenue is below budget for the year to date due to facility closures to respond to alert level restrictions. 

7.       There has been a slowdown in delivery in the local boards’ Locally Driven Initiatives (LDI) operational projects due to alert level restrictions. Projects are expected to gain momentum as restrictions are lifted. The local board will be provided with regular updates on projects and allocated budgets. The overspend in the first quarter is largely due to early payment of some funding agreements.

8.       Although under lockdown, essential work such as Browns Bay Beach Reserve boardwalk replacement and Pacific Parade Steps staircase installation were able to progress, which has led to a higher-than-expected capital spend in the first quarter.

9.         The Customer and Community Services capex budget has been revised to incorporate delayed delivery, earlier commencement of individual projects, or other changes that are of material value.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      receive the performance report for quarter one ending 30 September 2021

b)      note that the Customer and Community Services Capex work programme been updated to reflect financial deferrals (Attachment C).

Horopaki

Context

10.     The Hibiscus and Bays Local Board has an approved 2021/2022 work programme for the following operating departments:

·        Customer and Community Services

·        Infrastructure and Environmental Services;

·        External Partnerships;

11.     The graph below shows how the work programme activities meet 2020 Hibiscus and Bays Local Board Plan outcomes. Activities that are not part of the approved work programme but contribute towards the local board outcomes, such as advocacy by the local board, are not captured in this graph.

Graph 1: Work programme activities by outcome

Covid-19 restrictions

12.     Auckland has faced COVID-19 restrictions (Level 3 and 4) from 17 August 2021 – six weeks of quarter one (just under half the period this report covers).

13.     Asset based services were significantly impacted as all regional and community facilities were closed.

14.     Impacts to individual activities are reported in the work programme update (Attachment A to the agenda report).

Tātaritanga me ngā tohutohu

Analysis and advice

Local Board Work Programme Snapshot

15.     The graph below identifies work programme activity by RAG status (red, amber, green and grey) which measures the performance of the activity. It shows the percentage of work programme activities that are on track (green), in progress but with issues that are being managed (amber), and activities that have significant issues (red) and activities that have been cancelled/deferred/merged (grey).

Graph 2: Work programme by RAG status

              

16.     The graph below shows the activity status of activities which shows the stage of the activity in each departments the work programmes. The number of activity lines differ by department as approved in the local board work programmes. 

Graph 3: Work programme by activity status and department

 

Key activity updates

17.     Item 202 - Building resilient and connected communities across the Hibiscus Coast Subdivision. Outcomes for this funding have been streamlined to align with aspirations as set out in the Connected Community outcome in the local board plan. The Governance of Future Whangaparāoa have held discussion with staff to understand that this will likely be the last year that they receive the full funding, as this is intended for the whole subdivision.

18.     Item 201 - Building resilient and connected communities across the East Coast Bays Subdivision. Similar to item 202 above, outcomes have been streamlined to align with aspirations as set out in the Connected Community outcome in the local board plan. Discussions have been ongoing about the possible change to funding a programme of work to meet those outcomes in the Bays subdivision, this may involve funding several community groups.

19.     Item 203 - Connecting communities through placemaking. Despite the difficulties working in the current COVID-19 environment, planning is underway for a neighbour’s day in March 2022.

20.     Item 1249 - HB: Local parks ecological volunteers and environmental programme Financial Year (FY) 2022. Despite the shortened time available, 1500 volunteer hours were invested this quarter.

21.     Item 663 – Eco Neighborhoods Hibiscus and Bays. Continues to grow, with seven groups active in the Bays subdivision.

22.     Item 28173 - Centreway Reserve - renew bridge. The tender process for physical works is underway, with construction starting before the end of the financial year.

23.     Item 24250 - Maygrove Park - renew playspace. The playground was opened to the public in August 2021.

Activities on hold

24.     The following work programme activities have been identified by operating departments as on hold:

·        Item 17932 - 12 Hibiscus Coast Highway, Silverdale - renew facility. This project is deferred to FY2023/2024 as strategic assessments are yet to be prepared by various departments.

·        Item 18641 – Cranston Street Reserve – renew playspace. The condition review was completed, and overall playground was in good condition, so the renewal is deferred to future years, as confirmed at the October 2021 business meeting.

·        Item 18544 – East Coast Bays Community Centre building - refurbish facility. Project deferred until after a detailed assessment from the Service and Asset Planning Team on the needs of this building, due in March 2022 to the local board.

·        Item 18071 - Hibiscus and Bays - deliver Centre Plan improvements. This project is deferred to FY 2022/2023 in order to coincide with the parallel Auckland Transport project in the same area.

Changes to the local board work programme

Activities merged with other activities for delivery

25.     These activities have been merged with other activities for efficient delivery:

·        Item 30309 - Hibiscus and Bays Kauri Dieback Local Parks Project FY2021/2022 has been merged across financial years and renamed Item 29337 Hibiscus and Bays Kauri Dieback Local Parks Projects

·        Item 30315 - Hibiscus and Bays Kauri Dieback Local Parks Project FY2022/2023 has been merged across financial years and renamed Item 29337 Hibiscus and Bays Kauri Dieback Local Parks Projects

Activities with changes

26.     There were no work programmes activities with changes formally approved by the local board during this quarter. There were changes discussed at a workshop on the 26 August 2021, direction was given that these changes were more than minor, and subsequently these changes came to the 21 October 2021 business meeting for formal approval. They will be recorded in the quarter 2 performance report.

Tauākī whakaaweawe āhuarangi

Climate impact statement

27.     Receiving performance monitoring reports will not result in any identifiable changes to greenhouse gas emissions.

28.     Work programmes were approved in June 2021 and delivery is underway. Should significant changes to any projects be required, climate change impacts will be assessed as part of the relevant reporting requirements. Any changes to the timing of approved projects are unlikely to result in changes to emissions.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

29.     When developing the work programmes council group impacts and views are presented to the boards. As this is an information only report there are no further impacts identified.

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

Local impacts and local board views

30.     This report informs the Hibiscus and Bays Local Board of the performance for ending 30 September 2021.

Tauākī whakaaweawe Māori

Māori impact statement

31.     Item 207 - Māori responsiveness Hibiscus and Bays - this project has been linked to Item 586 Te Ao Maori Conservation to extend this project to wider community groups. Funding will be allocated in Quarter 2.

32.     Item 1314 - Whakatipu i te reo Māori - we grow the Māori language Celebrating te ao Māori and strengthening responsiveness to Māori - Hibiscus and Bays - storytimes and Matariki celebrations at the three libraries were a feature of this item.

33.     Item 3109 - HB: Te Kete Rukuruku (Māori naming of parks and places) tranche one, Staff are awaiting final names to be delivered before starting on tranche two (below).

34.     Item 831 - HB: Te Kete Rukuruku (Māori naming of parks and places) tranche two

35.     Item 586 - Te Ao Māori and community led conservation – Next steps are to connect with Ngāti Manuhiri and Ngāti Whatua o Kaipara to begin developing the programme. Plus see item 207 above, the funding of which is being used to broaden the scope of this programme.

Ngā ritenga ā-pūtea

Financial implications

36.     This report is provided to enable the Hibiscus and Bays Local Board to monitor the organisation’s progress and performance in delivering the 2021/2022 work programmes. There are no financial implications associated with this report.

Financial Performance

37.     The overall net operating result for the first three months of the year is fourteen per cent below the budget mainly due to lower operating expenditure. Operating expenditure is seventeen percent below budget overall, while operating revenue is below budget by thirty-five per cent. Asset based services expenditure has continued with some disruptions caused by COVID-19 restrictions. Locally Driven Initiatives expenditure is above budget by twenty-nine per cent primarily due to earlier payment of a few funding agreements. Capital expenditure delivery is above the budget by forty-nine per cent as some essential renewals were able to progress during the lockdown.

Financial comments

38.     Operating expenditure relating to Asset Based Services (ABS) is under budget by $1 million for the year to date. This is due to lower operating expenditure as a result of facility closures and lower maintenance, to respond to alert level restrictions.

39.     Locally Driven Initiatives operational projects are currently $107,000 over budget. This is primarily due to some funding agreements such as Estuary Arts Centre top-up and Restore Hibiscus and Bays coordinator getting paid earlier than budgeted. A variety of projects are yet to draw down on financial allocations as well as some projects are slightly behind schedule. 

40.     Eighty percent of the capital spend of $879,000 was on local renewals. The spend represents investment in projects such as Orewa Beach seawall renewal, boardwalk replacement at Browns Bay beach and bridge renewal at Centreway Reserve.

41.     The complete Hibiscus and Bays Local Board Financial Performance report can be found in Attachment B to the agenda report.

Revised Capex Budget

42.     Capex budgets are revised to reflect changes in timing of delivery for individual projects.

43.     Projects that were still in progress as of 30 June 2021 have had their remaining required budget carried forward to the current or future financial years to fund the remaining works.

44.     If a multi-year capital project was completed earlier than anticipated, the budget is reduced or brought forward to 30 June 2021 to reflect early completion.

45.     Consideration is also given to the status of current capital projects and where required budgets are rephased in whole or part to outer years to reflect current timelines for delivery.

46.     The net budgetary impact of these changes is reflected in the revised budget for the board.

47.     The Customer and Community Services Capex work programme financial allocations have been updated in accordance with the carry forwards (refer attachment C).

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

48.     While the risk of non-delivery of the entire work programme is rare, the likelihood for risk relating to individual activities does vary. Capital projects for instance, are susceptible to more risk as on-time and on-budget delivery is dependent on weather conditions, approvals (e.g. building consents) and is susceptible to market conditions.

49.     Information about any significant risks and how they are being managed and/or mitigated is addressed in the ‘Activities with significant issues’ section.

Ngā koringa ā-muri

Next steps

50.     The local board will receive the next performance update following the end of quarter two, December 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Work Programme update v2

127

b

Quarterly Operating Performance Q1 2021 Financial Appendix

159

c

CCS Capex Work Programme 2021/22

165

     

Ngā kaihaina

Signatories

Author

Matthew Kerr - Senior Local Board Advisor

Authorisers

Lesley Jenkins - Local Area Manager

Louise Mason - GM Local Board Services

 



Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator



Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator



Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator

PDF Creator



Hibiscus and Bays Local Board

02 December 2021

 

 

Local government elections 2022 - order of names on voting documents

File No.: CP2021/17964

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide feedback to the Governing Body on how names should be arranged on the voting documents for the Auckland Council 2022 elections.

Whakarāpopototanga matua

Executive summary

2.       The Local Electoral Regulations 2001 provide a local authority the opportunity to decide by resolution whether the names on voting documents are arranged in:

·        alphabetical order of surname

·        pseudo-random order; or

·        random order.

3.       Pseudo-random order means names are listed in a random order and the same random order is used on every voting document.

4.       Random order means names are listed in a random order and a different random order is used on every voting document.

5.       The order of names has been alphabetical for the 2010, 2013, 2016 and 2019 Auckland Council elections. An analysis conducted on these election results shows there is no compelling evidence that candidates being listed first were more likely to be elected. The analysis is contained in Attachment A.

6.       Staff recommend that the current approach of alphabetical printing is retained for the 2022 council elections, as the benefits to the voter outweigh any perception of a name order bias problem. 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      recommend to the Governing Body that candidate names on voting documents should continue to be arranged in alphabetical order of surname. 

 

 


 

Horopaki

Context

Options available

7.       Clause 31 of The Local Electoral Regulations 2001 states:

(1)  The names under which each candidate is seeking election may be arranged on the voting document in alphabetical order of surname, pseudo-random order, or random order.

(2)  Before the electoral officer gives further public notice under section 65(1) of the Act, a local authority may determine, by a resolution, which order, as set out in subclause (1), the candidates' names are to be arranged on the voting document.

(3)  If there is no applicable resolution, the candidates' names must be arranged in alphabetical order of surname.

(4)  If a local authority has determined that pseudo-random order is to be used, the electoral officer must state, in the notice given under section 65(1) of the Act, the date, time, and place at which the order of the candidates' names will be arranged and any person is entitled to attend.

(5)  In this regulation, -

pseudo-random order means an arrangement where -

(a)  the order of the names of the candidates is determined randomly; and

(b)  all voting documents use that order

random order means an arrangement where the order of the names of the candidates is determined randomly or nearly randomly for each voting document by, for example, the process used to print each voting document.

Previous elections

8.       In 2013 the council resolved to use alphabetical order of names. A key consideration was an additional cost of $100,000 if the council chose the random order. From 2016 there has been no additional cost to use random order, due to changes in printing technology. 

9.       For the 2019 elections the following table outlines decisions of those regional and metropolitan councils whose data was available:

Council

Order

Auckland Council

Alphabetical

Bay Of Plenty Regional Council

Random

Environment Southland Regional Council

Alphabetical

Hawke's Bay Regional Council

Alphabetical

Northland Regional Council

Alphabetical

Otago Regional Council

Alphabetical

Taranaki Regional Council

Alphabetical

Waikato Regional Council

Random

West Coast Regional Council

Alphabetical

Christchurch City Council

Random

Dunedin City Council

Random

Hamilton City Council

Random

Hutt City Council

Random

Invercargill City Council

Random

Napier City Council

Random

Nelson City Council

Random

Palmerston North City Council

Random

Porirua City Council

Random

Tauranga City Council

Random

Upper Hutt City Council

Random

Wellington City Council

Random

 

Tātaritanga me ngā tohutohu

Analysis and advice

 

Options for 2022

 

Pseudo-random order and true random order

10.     Random order printing removes the perception of name order bias, but the pseudo-random order of names simply substitutes a different order for an alphabetical order. Any perceived first-name bias will transfer to the name at the top of the pseudo-random list. The only effective alternative to alphabetical order is true random order, which means the order on every voting document is different.

11.     A disadvantage to both the random printing options is voter confusion as it is not possible for the supporting documents such as the directory of candidate profile statements to follow the order of a random voting paper. Making voting more difficult carries the risk of deterring the voter.

Alphabetical order

12.     The advantage of the alphabetical order printing is that it is familiar, easier to use and to understand. When a large number of candidates compete for a position it is easier for a voter to find the candidate the voter wishes to support if names are listed alphabetically.

13.     It is also easier for a voter if the order of names on the voting documents follows the order of names in the directory of candidate profile statements accompanying the voting document. The directory is listed in alphabetical order. It is not possible to print it in such a way that each copy aligns with the random order of names on the accompanying voting documents.

14.     The disadvantage of alphabetical printing is that there is some documented evidence, mainly from overseas, of voter bias to those at the top of a voting list.

Analysis of previous election results

15.     An analysis of the council’s election results for 2010, 2013, 2016 and 2019 is contained in Attachment A. It shows that any bias to those at the top of the voting lists is very small. The analysis looked at:

·    The impact of ballot position on the number of votes received by candidates (i.e. the impact on the vote share) for local boards and wards

·    The impact of ballot position on whether an individual was elected or not (i.e. the impact on election outcomes).

16.     This analysis of Auckland Council elections data show that while there might be a small impact of being listed first on the percentage share of votes received in local board elections, there is no compelling evidence that candidates being listed first were more likely to be elected in the last four elections. Given the relatively small sample size and variability in the data, these analyses may be less able to detect the real effects. Therefore, conclusions should be drawn with caution. That said, it is reasonable to conclude that results from the last four elections were not significantly affected by the use of alphabetical ordering on voting documents.

17.     Staff recommend that the current approach of alphabetical printing is retained for the 2022 council elections, as the noted benefits to the voter outweigh any perception of a name order bias problem that analysis of previous election results show does not exist. 

Tauākī whakaaweawe āhuarangi

Climate impact statement

18.     The order of names on voting documents does not have an impact on climate.

Ngā whakaaweawe me ngā tirohanga a te rōpū Kaunihera

Council group impacts and views

19.     The order of names on voting documents does not have an impact on the wider group.

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

Local impacts and local board views

20.     Feedback from local boards will be reported to the Governing Body when it is asked to determine the matter by resolution.

Tauākī whakaaweawe Māori

Māori impact statement

21.     The order of names on voting documents does not specifically impact on the Māori community. It is noted that candidates can provide their profile statements both in English and Māori and that such profile statements are contained in the candidate profile booklet in alphabetic order. Having voting documents in alphabetic order makes it easier for any voter to match the candidate in the profile booklet.

Ngā ritenga ā-pūtea

Financial implications

22.     There is no additional cost to the printing of voting documents if names are ordered using the random method.

Ngā raru tūpono me ngā whakamaurutanga

Risks and mitigations

23.     If names are ordered alphabetically there is the risk of perceived bias.  If names are randomised there is the risk of increasing the complexity of the voting experience and deterring voters. The analysis that has been conducted shows that the risk of bias is very small.

 

Ngā koringa ā-muri

Next steps

24.     The feedback from the local board will be reported to the Governing Body.

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Ballot order effects and Auckland Council elections_November 2021

187

     

Ngā kaihaina

Signatories

Author

Warwick McNaughton - Principal Advisor

Authorisers

Rose Leonard - Manager Governance Services

Louise Mason - GM Local Board Services

 


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator

PDF Creator

PDF Creator

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

Members' Reports

File No.: CP2021/18068

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To provide an opportunity for members to update the Hibiscus and Bays Local Board on matters they have been involved in over the last month.

Whakarāpopototanga matua

Executive summary

2.       An opportunity for members of the Hibiscus and Bays Local Board to provide a report on their activities for the month.

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      receive the reports from Local Board Members G Brown, V Short, J Fitzgerald and A Dunn

 

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Member report - G Brown

193

b

Member report - V Short

195

c

Member report - J Fitzgerald

197

d

Member report - A Dunn

199

     

Ngā kaihaina

Signatories

Author

Louise Healy - Democracy Advisor

Authorisers

Louise Mason - GM Local Board Services

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

Governance forward work calendar

File No.: CP2021/18070

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       To present the Hibiscus and Bays Local Board with a governance forward work calendar.

Whakarāpopototanga matua

Executive summary

2.       This report contains the governance forward work calendar, a schedule of items that will come before the Hibiscus and Bays Local Board over the coming months until the end of the electoral term. The governance forward work calendar for the local board is included in Attachment A to the agenda report.

3.       The calendar aims to support local boards’ governance role by:

·    ensuring advice on agendas and workshop material is driven by local board priorities

·    clarifying what advice is required

·    clarifying the rationale for reports.

4.       The calendar will be updated every month. Each update will be reported back to business meetings. It is recognised that at times items will arise that are not programmed.  Local board members are welcome to discuss changes to the calendar.

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      note the governance forward work calendar.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Governance forward work calendar

203

     

Ngā kaihaina

Signatories

Author

Louise Healy - Democracy Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

Hibiscus and Bays Local Board workshop records

File No.: CP2021/18069

 

  

 

Te take mō te pūrongo

Purpose of the report

1.       Attached are the Hibiscus and Bays Local Board workshop records for November 2021.

 

Ngā tūtohunga

Recommendation/s

That the Hibiscus and Bays Local Board:

a)      note the workshop records for November 2021.

 

Ngā tāpirihanga

Attachments

No.

Title

Page

a

Workshop record - 11 November 2021

207

b

Workshop record - 18 November 2021

209

c

Workshop record - 25 November 2021

211

     

Ngā kaihaina

Signatories

Author

Louise Healy - Democracy Advisor

Authoriser

Lesley Jenkins - Local Area Manager

 


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator


Hibiscus and Bays Local Board

02 December 2021

 

 

PDF Creator 


Hibiscus and Bays Local Board

02 December 2021

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Hibiscus and Bays Local Board

a)      exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       Annual Budget 2022/2023 consultation

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

In particular, the report contains information covered in confidential Finance and Performance workshops and information relating to the draft Mayoral proposal which has not been finalised or released publicly. This report can be restated on 9 December once the final Mayoral Proposal and the material relating to the Annual Budget is available following the Finance and Performance Committee meeting on 8 December 2021.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.